Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 112 CONGRESS, SECOND SESSION

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, WEDNESDAY, DECEMBER 12, 2012 No. 160 House of Representatives The House met at 10 a.m. and was Mr. Speaker, one is haunted by these AFGHANISTAN called to order by the Speaker pro tem- events. We had one in Aurora, Colo- The SPEAKER pro tempore. The pore (Mr. WEBSTER). rado, at the theater where there were Chair recognizes the gentleman from f 12 people killed, 60 wounded; six people North Carolina (Mr. JONES) for 5 min- killed at the Sikh temple this summer; DESIGNATION OF SPEAKER PRO utes. TEMPORE and the day spa in Milwaukee, where Mr. JONES. Mr. Speaker, in this very three women were killed before the chaotic time for the House of Rep- The SPEAKER pro tempore laid be- shooter turned the gun on himself. We resentatives and for the American peo- fore the House the following commu- had a horrific episode earlier in my ple, we need to remain focused on the nication from the Speaker: congressional career in Springfield, Or- fact that our young men and women WASHINGTON, DC, egon. are still dying in Afghanistan. Our in- December 12, 2012. I hereby appoint the Honorable DANIEL It is hard to have meaningful con- volvement in Afghanistan has become WEBSTER to act as Speaker pro tempore on versations on a variety of subjects. I a confused strategy at best. this day. was going to deal with that problem Mr. Speaker, I will submit a news ar- JOHN BOEHNER, with the fiscal cliff today, but gun vio- ticle for the RECORD. The title of this Speaker of the House of Representatives. lence is another area in America where article is: Afghan peace plan gives U.S. f it seems we can’t have a discussion smaller role. With it, Mr. Speaker, I MORNING-HOUR DEBATE without delusional claims of overreach would like to submit 12 names of Amer- and taking away hunting rifles. Con- ican servicepeople killed recently. The SPEAKER pro tempore. Pursu- Mr. Speaker, it is time for Congress ant to the order of the House of Janu- gress won’t even allow statistics on gun violence to be gathered, and we to listen to the American people and ary 17, 2012, the Chair will now recog- start acting on their wishes. Poll after certainly have made no progress to- nize Members from lists submitted by poll shows that they want to get out of wards closing the gun show loophole. the majority and minority leaders for Afghanistan now, they want our troops morning-hour debate. Yet I come today, in the aftermath of home, they want to stop seeing our The Chair will alternate recognition this tragedy, with a small ray of hope. young men and women dying, and the between the parties, with each party When nearly half of all military sui- American people want the $10 billion a limited to 1 hour and each Member cides are committed with privately month being spent in Afghanistan to be other than the majority and minority owned weapons, the Pentagon and Con- spent here in America to help all our leaders and the minority whip limited gress are moving towards establishing economic problems. I do not under- to 5 minutes each, but in no event shall policies to separate at-risk service- stand why we in Congress seem to be debate continue beyond 11:50 a.m. members from personal private weap- without debate about this problem in f ons. Congress is poised to enact legisla- Afghanistan. GUN VIOLENCE ECLIPSES FISCAL tion to end a prohibition about the We are currently in the process of a CLIFF DEBATE military collecting information about bilateral security agreement that will firearms kept at home. These are sim- keep our troops in Afghanistan for 10 The SPEAKER pro tempore. The ple, commonsense steps for an armed years after 2014. Where is the outrage Chair recognizes the gentleman from services where more military personnel by Congress? We are financially broke. Oregon (Mr. BLUMENAUER) for 5 min- take their own life than who die in bat- We complain all the time about we utes. tle. Mr. BLUMENAUER. It’s difficult to can’t reach this deal or that deal, we’re focus on the task at hand in the after- Perhaps if we can take these reason- going over the cliff, and yet our troops math of a shooting rampage in my dis- able steps to protect our servicemen are dying in Afghanistan and we’re trict yesterday. With at least 10,000 and their families, perhaps we can de- spending money we don’t have. people in a shopping mall, a young man velop the courage to treat the epidemic Mr. Speaker, the article states: allegedly, say some eyewitnesses, in of gun violence with the same thought- The Afghan Government is pursuing a body armor, and armed with a semi- ful, small steps when it comes to pro- peace initiative in which Pakistan would replace the United States in arranging talks automatic weapon discharged 60 or tecting the rest of our families. Until between the warring sides and the Taliban more shots. There were two people then, we will mourn the victims and would be granted government posts that ef- killed and a young 15-year-old girl seri- thank God that our families were not fectively could cede to them political control ously wounded. at that mall. of the southern and the eastern strongholds.

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

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VerDate Mar 15 2010 06:33 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A12DE7.000 H12DEPT1 smartinez on DSK6TPTVN1PROD with H6704 CONGRESSIONAL RECORD — HOUSE December 12, 2012 Mr. Speaker, those areas are where cluding the terms for initiating negotiations. istan, leaving the ANSF (Afghan National we’ve lost most of our young men and Saudi Arabia, Turkey and Great Britain also Security Forces) as the only legitimate women fighting the war in Afghani- would be involved. armed forces delivering security and protec- The plan envisions ending the war by 2015 tion to the Afghan population.’’ stan, and yet we are going to give through a ceasefire and negotiations in the Despite that optimistic forecast, however, those areas where our young men and second half of next year, most likely in the plan may rest on shaky legs. Its far- women died to the Taliban so they can Saudi Arabia. Pakistan would help select the reaching assumptions not only could doom it control it? Where is the outrage here in leaders of the Taliban and other rebel groups to failure, but risk an all-out civil war before Congress? I do not know. who would take part in the negotiations the U.S.-led International Security Assist- Mr. Speaker, in plain English, Af- with the Afghan government. The effort, the ance Force, or ISAF, completes its pullout. ghanistan is allowing Pakistan and the plan says, should be conducted ‘‘through one ‘‘This is living in a dream world of wishful Taliban to control half the country. consistent and coherent channel,’’ a measure thinking,’’ said Marvin Weinbaum, a Middle East Institute scholar who served as a State And while the Taliban takes back Af- that would secure a role for Afghan Presi- dent Hamid Karzai after the end of his term Department intelligence analyst on Afghani- ghanistan, how does this make any following April 2014 elections. stan. ‘‘It is not based on anything that the sense? Where is the outrage? The Another provision would give the insur- Taliban has given us reason to expect.’’ American people are outraged, Mr. gents a voice on ‘‘issues related . . . to the A major assumption is that all insurgent Speaker, but not Congress. withdrawal’’ of the U.S.-led NATO force by leaders and their fighters will participate Mr. Speaker, I have beside me a post- the end of 2014. even though the Taliban have consistently er that tells pain. There is this little The plan foresees the United States work- rejected negotiations with Karzai, who they girl sitting in her mother’s arms. The ing with Kabul and Islamabad in deter- denounce as an American puppet. Moreover, mining which insurgent leaders would par- the insurgency is far from being monolithic mother is crying. The little girl is so ticipate. The United States also would be and many leaders are known to distrust each young, she doesn’t know why this critical to approving the removal of the in- other and Pakistan. Army officer is presenting her mother surgent negotiators from the U.N.’s list of Taliban chief Mullah Mohammad Omar a flag. She doesn’t know that her terrorists. and other leaders based in Pakistan could daddy has been killed. She will one Entitled ‘‘Peace Process Roadmap to 2015,’’ come under pressure from the Pakistani day, and she’ll ask her mom, What was the blueprint represents a decision by military to take part if they balk. But such my daddy like? And the mom will say, Karzai—in close coordination with Paki- pressure could backfire, risking Afghan mili- stan—to assume the lead in peace-making ef- He was a great man. He would love to tants joining Pakistani Islamists fighting to forts following the collapse earlier this year topple their government. see you now as you’ve grown older, but of an Obama administration bid to persuade In an incident underscoring the hurdles, he died in a country known as Afghani- the Taliban to participate in direct talks two Taliban factions claimed responsibility stan, a country that will never change, with Kabul. for a suicide bomb attack on Thursday that no matter how much blood or how The new initiative comes amid persistent wounded Asadullah Khalid, the chief of Af- much money is spent in Afghanistan. distrust between Karzai and the Obama ad- ghanistan’s intelligence service. Karzai on Mr. Speaker, before closing, I have a ministration and deep insecurity in Kabul Saturday alleged that the attack was Web site that if people would join and over future U.S. support. Those concerns and planned in Pakistan, but he denied that the the U.S. failure to arrange peace talks ap- Taliban were responsible. sign, and the Web site is pear to have pushed Karzai closer to Paki- The new plan would preserve Afghanistan www.bringthemhome2013.com. stan, whose army and main intelligence serv- as a parliamentary democracy, denying the It is time for this administration and ice are widely believed to exercise signifi- militants the Islamic rule for which they’ve Congress to say enough has been done. cant influence over Taliban and other mili- spent years fighting. It is time to bring our young men and tant leaders based in Pakistan’s border areas It also appears to ignore warnings from women home. If Pakistan is going to with Afghanistan. politicians of the former Northern Alliance have more influence in Afghanistan The plan also comes as the ongoing U.S. against giving the Taliban and their allies than America, then let Pakistan send combat troop pullout and cuts in U.S. finan- power that they hadn’t won in elections. The cial aid to Afghanistan are fueling fears in Northern Alliance, dominated by ethnic mi- their soldiers to die in Afghanistan. both countries that violence and instability norities, battled the Taliban, which is made Let Pakistan pay the $10 billion a could worsen, spurring them to take matters up primarily of the dominant Pashtun ethnic month that America is paying right into their own hands. group, until the 2001 U.S. invasion. Many now—and it is borrowed money from The blueprint, a copy of which was ob- former alliance members now head Karzai’s the Chinese. tained by McClatchy, officially is the work political opposition and hold key army, po- Mr. Speaker, with that, I will close of Afghanistan’s High Peace Council, which lice and intelligence posts. by asking God to please bless our men is charged with overseeing government peace ‘‘Any Afghanistan reconciliation effort and women in uniform, to please bless efforts. But it was drafted by Karzai and his will have to address varied and complex eth- inner circle over the past six months in co- nic concerns,’’ acknowledged a U.S. official, the families who have given a child ordination with Pakistan, according to a who requested anonymity in order to discuss dying for freedom in Afghanistan and person familiar with the document who re- the issue. Iraq, God to please bless the House and quested anonymity because of the matter’s Finally, the key role that the plan confers Senate that we will do what’s right for sensitivity. on Pakistan could inflame suspicion among the American people in the House and The plan was presented to Pakistan and many Afghans that Islamabad plans to exert the Senate. I ask God to give strength, the United States during visits last month influence in a post-war Afghanistan—espe- wisdom, and courage to President by High Peace Council Chairman Salauddin cially to block a pro-India tilt—by placing Rabbani, who Karzai named to the post after former insurgents in cabinet posts, min- Obama that he would do what is right Rabbani’s father, former Afghan President istries, provincial governorships and posi- in the eyes of God, and I’ll close by Burhanuddin Rabbani, was assassinated in tions like police chiefs and district adminis- asking three times, God please, God September 2011. trators. please, God please continue to bless The State Department declined to com- ‘‘The northerners won’t buy this,’’ said America. ment on the plan, refusing even to confirm Weinbaum, referring to former Northern Al- [From the McClatchy Washington Bureau, its existence. However, a State Department liance leaders. ‘‘So what you get then is the Dec. 8, 2012] official, who requested anonymity because of beginning of a civil war.’’ the issue’s sensitivity, was authorized to say Pakistan is widely despised in Afghani- AFGHANISTAN PEACE PLAN WOULD INCREASE that, ‘‘The United States continues to sup- stan, particularly by minorities who domi- PAKISTAN’S ROLE port an Afghan-led peace process and wel- nate the country’s north, because of its spon- (By Jonathan S. Landay) comes initiatives through which Afghans sit sorship of the Taliban’s bloody nationwide The Afghan government is pursuing an am- down with other Afghans in pursuit of that takeover in the mid–1990s and the support bitious new peace initiative in which Paki- goal.’’ and sanctuary that they and other insur- stan would replace the United States in ar- The Afghan embassy did not respond to a gents allegedly still receive from the Paki- ranging direct talks between the warring request to discuss the plan. stani army and the army-run Inter-Services sides and the Taliban would be granted gov- ‘‘By 2015, Taliban, Hezb-e-Islami and other Intelligence Directorate, or ISI. ernment posts that effectively could cede to armed groups will have given up armed oppo- In principles governing the new peace proc- them political control of their southern and sition, transformed from military entities ess, the plan reiterates Afghan and U.S. de- eastern strongholds. into political parties, and are actively par- mands that the Taliban and other insurgents If implemented, the plan would diminish ticipating in the country’s political and con- cut ties with al Qaida and renounce violence. the role of the United States in the peace stitutional processes, including national But in a shift that could raise concerns process, but would still leave Washington elections,’’ says the plan’s preamble. ‘‘NATO/ among human rights and women’s groups, with input on a number of critical issues, in- ISAF forces will have departed from Afghan- the plan changes what had been a demand for

VerDate Mar 15 2010 06:33 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K12DE7.003 H12DEPT1 smartinez on DSK6TPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — HOUSE H6705 the insurgents to ‘‘accept’’ the Afghan Con- Sgt. Matthew H. Stiltz a trustee for Miles College, and she was stitution to one that they ‘‘respect’’ it. Capt. James D. Nehl a longstanding member of the Chris- ‘‘Any outcome of the peace process must Kenneth W. Bennett tian Methodist Episcopal Church. She respect the Afghan Constitution and must f was chairwoman of the Mobile County not jeopardize the rights and freedoms that the citizens of Afghanistan, both men and PAYING TRIBUTE TO ALABAMA United Negro College Fund and youth women, enjoy under the Constitution,’’ the STATE REPRESENTATIVE DR. director of the Board of Christian Edu- plan says. YVONNE KENNEDY cation-Southeast Alabama Conference. The plan comprises five steps. The first I know that my generation owes Dr. step, which now appears underway, calls for The SPEAKER pro tempore. The Kennedy a debt of gratitude. I know Pakistan to end cross-border shelling of Af- Chair recognizes the gentlewoman from that my generation stands on the ghan villages and to free Taliban detainees. Alabama (Ms. SEWELL) for 5 minutes. shoulders of trailblazers like Dr. Nine were released last month after Ms. SEWELL. Mr. Speaker, I rise Yvonne Kennedy. It was her light that Rabbani’s visit, and Pakistan has agreed to today to recognize and pay tribute to guided the path that led me to become free more. the life and legacy of an Alabama State In the first half of 2013, Afghan, U.S. and Alabama’s first African American Con- Pakistani officials are to agree on terms for representative, Dr. Yvonne Kennedy, a gresswoman, and for that I am eter- removing Taliban leaders ‘‘willing to engage lawmaker from Mobile, Alabama, who nally grateful. in peace talks’’ from a U.N. terrorism list passed away, sadly, on Saturday at the She left an indelible imprint on Ala- and giving them safe passage. Pakistan age of 67. bama and across this Nation, and her would ‘‘facilitate direct contact’’ between Dr. Kennedy was a pillar in the com- legacy will live on. It is indeed a great Afghan officials ‘‘and identified leaders of munity and a tremendous public serv- privilege and an honor that I have the Taliban and other armed opposition ant. She was the epitome of a servant today to recognize the legacy and con- groups.’’ leader, and she blazed the trails in Ala- Afghan, Pakistani and U.S. officials would tributions of Dr. Yvonne Kennedy with ‘‘explore and agree to terms for initiating di- bama politics that so many of us now this tribute on the floor of the House of rect peace talks’’ between the sides ‘‘with a follow. She led by example and was mo- Representatives. Let her life stand as a focus on Saudi Arabia as the venue.’’ tivated by a drive and a passion for testament to the courage and strength The negotiations would begin in the second public service and education. of one individual’s ability to shape the half of 2013 ‘‘preferably through one con- lives of so many. On behalf of the Sev- sistent and coherent channel, with the aim b 1010 enth Congressional District and the of securing agreements on priority issues, I am deeply saddened by her passing such as ending violence, allowing space for State of Alabama and a grateful Na- and know that her legacy of service tion, I ask my colleagues to join me in the provision of basic public services, e.g. will live on. education, humanitarian aid, and security in honoring the life and legacy of Dr. Yvonne Kennedy was born on Janu- the conduct of the upcoming elections,’’ the Yvonne Kennedy. plan says. ary 8, 1945, in Mobile, Alabama, to The sides would agree to a ceasefire and Leroy and Thelma Kennedy. At a f terms for the release of Taliban prisoners by young age, she displayed a commit- the government ‘‘in return for their agreement to academic excellence, and upon THE FISCAL CLIFF ment to disengage and renounce violence.’’ graduating from high school, she The SPEAKER pro tempore. The The sides also would ‘‘reach an under- earned her bachelor’s degree from Ala- Chair recognizes the gentleman from standing on issues related to security and bama State University, a master’s de- California (Mr. MCCLINTOCK) for 5 min- the withdrawal of international forces.’’ and agree on rules for the insurgents’ participa- gree from Morgan State University, utes. tion in 2014 provincial council and 2015 par- and a Ph.D. from the University of Ala- Mr. MCCLINTOCK. Mr. Speaker, to liamentary elections. bama. These early accomplishments understand the Federal budget mess Another provision would confer consider- were the beginning of an illustrious ca- and the so-called fiscal cliff, it’s impor- able political power on the insurgents by al- reer both as a lawmaker and a commu- tant to know three numbers: 39, 37, and lowing them to become cabinet members, nity leader. 64. provincial governors, district administra- First elected to the Alabama State Thirty-nine percent is the combined tors, police chiefs and other key officials. House of Representatives in a special growth of inflation and population over ‘‘The negotiating parties to agree on modalities for the inclusion of Taliban and election in 1979, Dr. Kennedy was one the last 10 years. Thirty-seven percent other armed opposition leaders in the power of the longest-serving members of the is the increase in revenues in the same structure of the state, to include non-elected Alabama State legislature. She served period. That’s despite the recession and positions at different levels with due consid- the 97th District of Mobile for more the tax cuts. It’s not quite keeping eration of legal and governance principles,’’ than 33 years. She was a prominent pace, but it’s pretty close. Sixty-four the plan says. lawmaker who fought against Ala- percent is the number that is killing That provision, combined with one for an bama’s egregious voter ID laws, and us. Sixty-four percent is the increase in agreement ‘‘creating immediate space for she also championed the restoration of Federal spending in that period. That’s education and humanitarian and development aid and public services,’’ could effec- voter rights for rehabilitated ex-felons. nearly twice the rate of inflation and tively cede political control of the Taliban’s She was the former chair of Alabama’s population growth over the last 10 southern and eastern heartland to the insur- legislative black caucus and was well years. gents. respected by her colleagues. Her tire- The spending side of the fiscal cliff is The agreements would be implemented in less commitment to public service and the so-called ‘‘sequester,’’ automatic the first half of 2014, and the final phase, set her advocacy for quality education in cuts in Federal spending. To hear some for the second half of 2014, would be used to Alabama was unparalleled. tell it, it is the end of Western civiliza- build international cooperation on pre- In 1981, Dr. Kennedy became the tion as we know it. That’s hardly the serving the long-term stability of Afghani- stan and the region, the plan says. president of Bishop State Community case. After a 64 percent increase in ex- Correction: Paragraph 10 of this version College in Mobile, Alabama, and she penditures during this decade, the se- has been revised to provide the correct date served in that role for over 25 years. quester doesn’t actually cut spending for the assassination of former Afghan Presi- Under her leadership, Bishop State ex- at all. It simply limits spending growth dent Burhanuddin Rabbani. panded from one campus to three cam- next year to about a half of a percent. puses, and flourished until her depar- I opposed the budget deal that created LIST OF NAMES TO SUBMIT FOR THE RECORD ture in 2007. Dr. Kennedy was a premier the sequester last year because it fell Sgt. 1st Class Darren M. Linde educator whose commitment to edu- woefully short of what Standard & Spc. Tyler J. Orgaard cation knew no bounds. Poor’s clearly warned was necessary to Lance Cpl. Anthony J. Denier Dr. Kennedy was a member of Delta preserve the Nation’s AAA credit rat- Cpl. Christopher M. Monahan, Jr. Sigma Theta Sorority, Incorporated, ing. Sadly, that fear was borne out, but Petty Officer 1st Class Kevin R. Ebbert Lance Cpl. Dale W. Means and was their 19th national President now the sequester is all we have. Sgt. Channing B. Hicks from 1988 to 1992. She served on the It’s true defense takes the brunt of Spc. Joseph A. Richardson boards of the Association of Higher it, but does our defense spending really Staff Sgt. Rayvon Battle, Jr. Education, America’s Junior Miss, was need to be higher—inflation adjusted—

VerDate Mar 15 2010 06:33 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\A12DE7.003 H12DEPT1 smartinez on DSK6TPTVN1PROD with H6706 CONGRESSIONAL RECORD — HOUSE December 12, 2012 than it was at the height of the Viet- evaporate before their eyes. Let us tration. Prince William County, in my nam War, when we faced down the So- pray that this President has a change district, was one of the hardest-hit by viet Union and had 500,000 combat of heart before setting this calamity in foreclosures, and it has an acute short- troops in the field? The sequester isn’t motion. age of affordable housing right now. stepping off a cliff; it is taking one step f Cuts in Federal housing support would back from the cliff. further exacerbate that situation just The tax increases, however, are a THE REAL VICTIMS OF as the local housing market is begin- very different matter. Without inter- SEQUESTRATION ning to recover. vention, the Federal tax burden will The SPEAKER pro tempore. The There is an old proverb about some- balloon 21 percent at the stroke of mid- Chair recognizes the gentleman from one always getting ‘‘left out in the night on New Year’s Eve, taking some- Virginia (Mr. CONNOLLY) for 5 minutes. cold,’’ but in this case, people literally where between $2,000 and $3,000 from an Mr. CONNOLLY of Virginia. Mr. will be left out in the cold if we allow average family. This summer, the Speaker, we just heard a terrible cry sequestration to go forward. House passed legislation to protect our on behalf of the wealthy in the United Mr. Speaker, the cuts in housing as- Nation from such a calamity, but Mr. States, that top 2 percent. Tax them, sistance are just one piece of the local Obama vowed to veto it, and the Sen- and it will kill jobs, put people out of safety net threatened by sequestration. ate killed it. Instead, Mr. Obama tells work. I recently met with the disability com- us that he’ll veto any plan that stops If you want to know the real victims munity in my district, and they, too, taxes from going up on all of those of sequestration, the real victims of are anxious about losing the vital sup- very wealthy folks making over the Republican fight to protect that 2 port that allows disabled loved ones to $200,000, who he says need to pay their percent at all costs, it’s the homeless, live independently. One local organiza- fair share. I suppose fairness is in the it’s the poor, it’s the lower income, and tion, for example, is providing work op- eye of the beholder. The top 1 percent it’s the vulnerable amongst us. portunities and rehabilitative services earns 17 percent of all income and pays Most of the debate up until now to more than 650 disabled adults in our community. Whether it’s performing 37 percent of all income taxes, but about the fiscal cliff has focused on de- custodial services, packing medical that’s beside the point. The fine point fense cuts and expiring tax cuts justifi- kits for our troops, working in food of it is that a lot of these very wealthy ably, but the ramifications for local services or other duties, these Ability folks making over $200,000 aren’t very safety nets are equally portentous. In One workers are making a positive dif- wealthy, and they aren’t even folks. my district, for example, Fairfax Coun- ference in providing autonomy for indi- They’re 1.3 million struggling small ty recently kicked off its annual hypo- viduals in our community. I and many businesses filing under subchapter S. thermia prevention program. During of my colleagues here in the House, Our small businesses produce two- my tenure on the county board, I both Democrats and Republicans, are thirds of the new jobs in our economy. worked with faith, business, and com- Ability One champions, and we know So this battle is very much for the munity leaders to open houses of wor- firsthand the positive effect this pro- middle class. ship and other places to offer shelter gram has had, not only on the individ- The Congressional Budget Office esti- from the cold and a hot meal for the uals, but on their families and their mates that Mr. Obama’s tax increase homeless, individuals, and families. It friends. on the so-called ‘‘wealthy’’ will actu- saves lives. Employment opportunities for the ally throw 200,000 middle and working Last winter, the program served disabled and revenue from their work class families into unemployment. more than 1,000 clients in one of the reached an all-time high last year, but That’s 200,000 lost jobs. By the way, wealthiest districts in the United that momentum is at risk because of that is the optimistic estimate. An States. Sequestration threatens sup- looming cuts through sequestration. independent analysis by Ernst & Young port for this and other Federal home- Community service boards, for exam- puts that figure closer to 700,000 lost less prevention efforts. The McKinney- ple, could lose as much as $52 million, jobs. That’s because the President’s Vento homeless prevention program which would reduce services for more taxes would slam 84 percent of the net would be cut by as much as $156 mil- than 1.5 million people in America. You small business income in the country. lion. You didn’t hear anything about heard my colleague talk about maybe a That’s precisely the income that is that just now. few hundred thousand jobs being at used to support and expand our labor b 1020 risk if we cut taxes for the rich. What force. about these people? What about the You didn’t hear anything about that In their blind pursuit of an eat-the- real cuts and real effects on real people rich ideology, Mr. Obama and his aco- just now, and it would leave more than in America? lytes are imposing a policy that would 145,000 more people out in the cold and What has been troubling to the resi- utterly devastate hundreds of thou- at risk of dying from hypothermia. dents of my district is the fact that, up sands of middle class families who de- Similarly, families in every State until now, the Republican alternative pend upon the jobs that these small rely on low-income heating assistance, to these cuts has been to shift even businesses provide. And for what? To which stands to lose as much as $270 more of the burden, not less, onto the wring enough money to fund Mr. million in sequestration. That may not social safety net programs. The seques- Obama’s spending spree for a grand seem like much, but that program has tration replacement bill, which was total of 8 days. It’s telling that three- already been cut by the Republicans by pushed through earlier by House Re- fourths of the new taxes he’s proposed 30 percent. Millions of Americans in publicans, cuts $261 billion from safety would be used to finance the new every State rely on this support, in- net programs. It eliminates social serv- spending that he’s also proposed. cluding 145,000 in my home State of ice block grants, which support Meals We Republicans don’t want to see Virginia. on Wheels for 1.7 million seniors. taxes go up on anyone, period. We don’t The picture gets even worse when Where is the concern for that? It also want to see this government willfully you look at the looming cuts to Fed- provides child care assistance for low- throw hundreds of thousands of Ameri- eral housing assistance. Programs like income parents who are returning to cans out of work by this policy. The the Community Development Block work. That plan cut $36 billion in nu- President obviously believes that in Grants, section 8 housing, and rental trition assistance for at-risk families. the eleventh hour Republicans will assistance for the needy and senior In my district, the demand for nutri- have no choice but ultimately to pro- citizens already have sustained dra- tion assistance has jumped by 135 per- tect as many taxpayers as we possibly matic cuts over the last 2 years under cent since the recession, and it has can since the only alternative would be Republican control. The HOME Invest- gone up by 73 percent in the Common- tax increases on everyone, including ment Partnership Program, which sup- wealth of Virginia during that same those job creators. He may be right, ports homeownership and rental assist- time period. but that would mean a bleak and bitter ance, was cut by more than $600 mil- Mr. Speaker, we cannot afford to New Year for all of those families who lion, or 38 percent, last year alone. It turn our backs on these families. Se- will watch helplessly as their jobs faces another $82 million cut in seques- questration is a real threat. We need to

VerDate Mar 15 2010 06:33 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K12DE7.005 H12DEPT1 smartinez on DSK6TPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — HOUSE H6707 have a compromise and a deal now to She said, I don’t have $1 million, but I In the early days, the United States help these families. hope I made a $1 million difference. of America dominated that business be- f When she died, she had raised 44 chil- cause of consistent policies, consistent dren, giving hope to each one. tax policies. We could rely on the poli- REVEREND JEROME R. MILTON Jerome says she led him to Jesus and cies being there year after year. Inves- The SPEAKER pro tempore. The that Jesus opened his heart. He provi- tors came in; engineers came in. But in Chair recognizes the gentleman from dentially met and married Charlene the early 1980s, those policies began to Texas (Mr. GOHMERT) for 5 minutes. Olgis, and together, they have nine change, and the technology began to Mr. GOHMERT. Today, when the children. Six of them were adopted leave our country. House opens for regular session, we will through the foster care program. Tyler, We’ve seen, I’ve seen in my career, be led by visiting chaplain Reverend Texas, is where two Heisman Trophy the incentives come and go over the Jerome R. Milton. This extraordinary winners grew up, Earl Campbell and years. I can tell you, it’s devastating to man is a friend, and he is an inspira- Johnny Manziel, but it is also the mis- the industry. It takes years to develop tion to me. sion field of Reverend Jerome R. Mil- the infrastructure to produce wind tur- To borrow from a testimonial sermon ton and his wife, Charlene, and that’s bines. The bearings are 20 feet in di- of his, Reverend Milton, as a very where they’ve invested their lives. ameter. It takes expertise. In order to small child, was left to die with his He is the senior pastor of the Greater get a project in, you need to get a brother and sister in a rundown Cali- New Pleasant Hill Baptist Church in power purchase agreement. You need fornia motel. The San Diego County Tyler. He has been there for 25 years. to get permits. You need to get investments, and then you need to order welfare department found them and He established the Dadie Florence products. The products have a 1- to 2- placed them in a horrific orphanage, Brown children’s home for homeless year lead time they’re so large. We’re called the Hillcrest Orphanage, where mothers and abused children. He has putting a lot at risk by ending the pro- abuse of all kinds imaginable and un- been the head track and field coach at duction tax credit. imaginable were inflicted upon them. Bishop Gorman Catholic High School Many of the children in such terrible And not only that, we’ll see at least for 24 years, leading his team to 10 40,000 jobs lost when the production tax conditions committed suicide, which State track and field championships, included his brother and sister. After credit expires at the end of this year. A and he has helped 150 athletes earn lot of those jobs go to United States the horrors of this orphanage, he was scholarships. He has also been the placed in 13 different foster homes, veterans, veterans of our armed serv- Tyler Citizen of the Year, winning the ices. And I can tell you what, when sol- where he suffered more unfathomable T.B. Butler Award. His work toward abuse and inhuman treatment. diers are trained, they’re trained on spanning race and religion and all large equipment. They’re trained on Finally, as Jerome says, ‘‘God heard types of barriers is boundless, and his the cry of the lamb,’’ and he was placed big projects. They’re well disciplined. list of accomplishments would take all They’re reliable. They work in very ad- in his 14th home, that of Dadie Flor- day long to read. ence Johnson Brown. She could not verse conditions. And that’s exactly He has blessed our town, our district, the kind of training you need to be a read or write, but she was a good our State, and our country. It is an woman with a big heart and a stronger windsmith and a wind turbine in- honor and an inspiration to know him staller, so it’s been a very good fit. will. She took Jerome, and she said she and to count him as a friend. I so look There’s one company in particular, could not imagine all the abuse he had forward to having my friend as a vis- Airstreams. They train wind turbine been through, that it just sounded too iting chaplain today at noon eastern windsmiths, and 80 percent of their unbelievable, but she looked him in the time when he opens the official part of graduates are veterans. They get good eye and said, Don’t let your abuse be this session in Congress. jobs in this country. And when the pro- your excuse. She said, Someday, you God bless America, and God bless Je- duction tax credit goes away, that re- can be a great juvenile judge or a case rome Milton. moves the hope of many of our vet- worker or something special. f erans. But there was a lot of rebellion and Now, the veterans of our country THE WIND INDUSTRY AND OUR anger in the young man. He hated lots were soldiers and sailors. They volun- VETERANS of people and things, and especially teered their time for our country. They God. Ms. Brown would not heed The SPEAKER pro tempore. The put themselves in grave danger, and Jerome’s pleas to leave him alone. She Chair recognizes the gentleman from they came home and found a very bad kept praying for him every single day California (Mr. MCNERNEY) for 5 min- employment situation. The wind en- by name. She said she knew there was utes. ergy has been a tremendous oppor- good in him, but prayed that God Mr. MCNERNEY. This morning, I rise tunity for them, and to take this hope would not let him end up in jail or in to talk about two issues I care very away from our veterans is a travesty. prison, because she knew God could do passionately about: wind energy and Eliminating those jobs for veterans is something very special with him. veterans. absolutely unacceptable. He eventually tried the praying thing Mr. Speaker, I spent more than 20 Now, the production tax credit, himself, but he was very cynical. He years in the wind industry as a tech- itself, is a very effective way to wanted to go to college, he wanted to nology development engineer. In those produce energy. You get paid for when be a coach, but he knew no one who early days, we saw some spectacular you deliver energy in the production had money. Then he found out he could failures and dramatic failures, but tax credit. In the early days, the cred- run really fast, and he could play foot- every year, we put more into the tech- its went to investments, and a lot of ball really well. Though his teacher nology development. We put a little bit investments were not so good. But told him he was too black and too stu- this year in the gear box, in the foun- today, the motive is to have a very re- pid to ever amount to anything, he dations. Every year, we put a little in- liable, a very productive set of equip- proved her wrong when, just 41⁄2 years crement of improvement in the control ment, and that’s what happens when later, he taught in a classroom right systems, in the field testing, in the the production tax credit is extended. next to hers. power electronics so that we under- It creates jobs. It helps develop the As Reverend Milton says, God moved stood what was going on. manufacturing base in this country. him from foster care to people care. And I can tell you, if you want to be a This angry, black, abused, hopeless b 1030 great country, you have to have a big shell of a downtrodden young boy had Today we have an industry that is a manufacturing base. Of those things God-given potential. This is what spectacular industry. The wind tur- that are at risk of going overseas, our Dadie Brown saw in him. Before she bines now are hundreds of feet tall. manufacturing base, our engineering died, she told Jerome, All you can do They are extremely reliable. They expertise, jobs, investment, this will be for me is, if you can do for a group of produce power for 4 to 5 cents a kilo- a real loss for our country. It will hurt children what I’ve done for you, then watt hour, depending on the resource. our veterans. And the last thing it will my living will not have been in vain. It’s been a very successful business. hurt is our climate.

VerDate Mar 15 2010 06:33 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K12DE7.007 H12DEPT1 smartinez on DSK6TPTVN1PROD with H6708 CONGRESSIONAL RECORD — HOUSE December 12, 2012 Now, there are people who don’t be- complex and complicated. But there these countries when they don’t take lieve in climate change, but I can tell are some things that we can do about back these individuals. you what: The evidence out there is ab- immigration right now to fix specific b 1040 solutely overwhelming, whether it’s bi- problems, and here’s one. ological systems migrating to higher Currently, Mr. Speaker, thousands of It’s time to play a little bit of diplo- elevations, more northern latitude, criminal aliens are in our country, just matic hard ball with these nations. whether it’s the melting of our gla- like Chen, who have committed a After all, Americans are dying because ciers, whether it’s Hurricane Sandy, crime and gone to prison. Our immigra- these criminals are illegally on the event after event shows climate change tion system worked to order them de- streets and our Nation does not insist is here; it’s real; it’s a threat, and we ported, but their country won’t take on them being taken back. It’s time to make these crooks and need to reduce our consumption of fos- them back. They refuse to do so. So misfits the problem of their home sil fuels. Wind energy is a tremendous those countries stall and delay and country, rather than continue to re- opportunity for us to do that. eventually never take back their out- So if we let the production tax credit laws. So by law, after the person serves main our problem. Otherwise, more expire, we are risking losing manufac- the time in our prisons, we can’t keep Americans are going to die. It’s time to play a little hard ball turing. We’re risking putting veterans them indefinitely waiting on their with these countries. out of work. We’re risking climate country to take them back, and so And that’s just the way it is. change. This is something we can’t af- they are eventually released. These ford to do as a Nation. The production countries know that, and that’s why f tax credit is a very good investment in they stall. FISCAL CONCERNS AND OTHER America and our future and our manu- Many of those criminals now are run- ISSUES facturing base. ning around on American streets look- The SPEAKER pro tempore. The I urge all of my colleagues to con- ing for more crime and up to malicious Chair recognizes the gentlewoman from sider helping to extend the production mischief. Texas (Ms. JACKSON LEE) for 5 minutes. tax credits for our Nation and for our The blood of American victims are Ms. JACKSON LEE of Texas. Mr. future. not only on the hands of the felons who Speaker, I know that America watches f commit these crimes from foreign as we deliberate—and I’d like to use countries, but they’re also the fault of TAKE THEM BACK HOME that terminology—on facing the fiscal those countries that refuse to take concerns of this Nation. The SPEAKER pro tempore. The back these criminal citizens. Let me quickly remind my col- Chair recognizes the gentleman from You know, the blood of Ms. Wu is on leagues, Mr. Speaker, that America is Texas (Mr. POE) for 5 minutes. the hands of Chinese citizen Huang on the upswing, with increased manu- Mr. POE of Texas. Mr. Speaker, ac- Chen, but it’s also on the hands of the facturing, more consumer confidence. cording to the Boston Globe, Qian Wu Chinese bureaucrats that would not We’re moving forward. The economy is was beaten, choked, punched, and held take Chen back. Oh, Mr. Speaker, they moving up. And so I believe it should at knifepoint by Chinese national may wear white gloves because they be pronounced here today that the re- Huang Chen. That was in 2006. weren’t the direct killer of Ms. Wu, but form of the entitlements, based upon Her attacker was sent to prison in their delay allowed for that crime to be slipshod, reckless deliberations, or Texas, supposedly never to be heard of committed. And below those white should I say actions, are a nonstarter. again. Or so she thought. Four years gloves are the blood of this citizen who There is no way, Mr. Speaker, that later, Wu was sitting alone in her was killed in this country. we should raise the eligibility age for apartment when guess who shows up— And it’s not just China committing Medicare, that we should not think the person who assaulted her to begin these acts of not taking back lawfully carefully about how we approach the with—busting through her door. He re- deported individuals; there are numer- reform of Medicaid, and that we don’t portedly said in a taunting voice, ‘‘I ous countries. Vietnam, Jamaica, tell the American people that Social bet you didn’t expect to see me here.’’ Pakistan, and Cuba are just a few. Security is solvent. Wu called the police, and Chen quick- So what should we do? Well, Mr. So I would say, move quickly to pass ly fled the scene, but 2 weeks later, he Speaker, there’s already a law to re- the middle class tax cuts that would be returned to finish what began 4 years quire that there be some sanctions for all Americans, 100 percent, up to before. Chen beat Ms. Wu to death with against these countries that refuse to $250,000, and let’s think about, moving a hammer, stabbed her with a knife, take back their lawfully deported into 2013, how we make this economy leaving her to die in her own pool of aliens, but the State Department better by looking carefully at how we blood. doesn’t enforce the law. The State De- reform entitlements that are not hand- Mr. Speaker, Ms. Wu’s death did not partment says, well, we want to work outs, but they are earned. have to occur. This crime could have diplomatically to get these people sent I wanted to move to something else, actually been prevented. Chen should back. We don’t want to require any offer my deepest sympathy for those not have been back on the streets after sanctions. And so they talk and they who lost their lives in the Oregon mas- serving time in prison, but he was, and talk and they talk. Meanwhile, more sacre, again, at the hands of a gun and here’s why. crimes are being committed by these a perpetrator that is now dead, and to After he had served his initial sen- people who are released, who should say that I thank Bob Costa for having tence for assaulting Ms. Wu, he was or- have been sent home, while the State the courage to get on national TV and dered legally deported back where he Department continues to talk. Like my speak to those who are rabid sports came from, back to China. But his grandfather used to say: When all is fans and say it’s time for some form of home country, our good old buddies the said and done, more is said than done. gun regulation. Chinese, refused to take him back. We need to get these people out of The tragedy that occurred with the They didn’t want him. And so they our country who have been lawfully de- NFL player and his girlfriend speaks stalled and stalled and stalled, and ported. These countries need to take volumes to the idea of individuals who over those 3 years of Chinese stalling them back, or there ought to be a condon’t need to have guns in their hands. and giving the runaround, Chen was sequence. This phenomenon that guns don’t kill, eventually freed—free to kill, and kill I’ve introduced legislation that re- people do, is a trite and redundant and he did. moves the uncertainty and the weak ridiculous statement. Mr. Speaker, this tragedy is not an knees of bureaucrats and requires the We understand that guns have to isolated phenomenon. Unfortunately, State Department to follow through have someone at their trigger; but the other Americans have died as a result with visa sanctions against the coun- idea that with no regulations about of this gaping hole in the immigration tries that won’t take back their law- those who’ve had previous offenses, no system. It’s no secret that everybody fully deported criminals. I repeat, regulations dealing with those who’ve believes our immigration system is those visa sanctions should be pri- had mental health issues, no regula- broken. Fixing it down the road will be marily against, first, diplomats from tions for the gun show loophole, that

VerDate Mar 15 2010 06:33 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K12DE7.009 H12DEPT1 smartinez on DSK6TPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — HOUSE H6709 you can go in and buy guns on top of Today, I want to congratulate John- ing in the SEC. Not too many people guns, it is time to reflect. ny Manziel of Texas A&M University in from outside their locker room gave I think the sports community could College Station, Texas, as the 2012 re- them a fighting chance in their inau- work with us to ensure that America cipient of the 78th annual Heisman Me- gural SEC season, but they believed in realizes that there’s nothing wrong morial Trophy. themselves. with standing up for gun regulation. On Saturdays, ‘‘Johnny Football,’’ as I want to congratulate Texas A&M As well, let me offer my sympathy to he is now known, wowed audiences University and football coach Kevin the Brent and Brown families of the across the Nation with his steady poise Sumlin on a terrific 10–2 regular sea- tragedy of the NFL players in Dallas. and his remarkable playmaking abil- son. He and his coaching staff are doing Let me ask the commissioner to work ity. As a freshman, he personifies the extraordinary work down in Aggieland with those of us who are concerned fighting Texas Aggie spirit, and he during their first year. Keep up the about athletes in pro ball, that we can proves that the impossible is never out great work. find a way to intervene. There should of reach. As Johnny said, leadership, respect be intervention on a lot of these Leading the Aggies in their inaugural and putting others first are what being incidences of violence. season in the Southeastern Athletic an Aggie is all about. Aggies all across Let me close and speak well about Conference, Johnny threw for 3,419 the world stand together, not only as the issue of millions of workers in the yards and ran for 1,181 yards, and he fans, but as members of a team. I United States Postal Service, yes, gov- garnered 43 touchdowns. He broke a proudly echo Johnny’s words when I ernment workers, public servants, who, multitude of A&M, SEC, and NCAA say to the 12th man, to Texas A&M over the decades, have made Ameri- records along the way. University and to Aggies everywhere, cans’ lives easier. Just yesterday we Johnny is the first freshman, and this honor is for you. were speaking about another day of—or only the fifth player, in FBS history to As an Aggie former student, I want Monday I think it was, on online shop- have at least 3,000 yards passing and to thank Johnny for an incredible sea- ping. 1,000 yards rushing in a season. He son, and I look for more exciting sea- I have small businesses who always holds FBS freshman records for both sons in the coming years. say the post office is the most efficient rushing yards by a quarterback and all- Before I close, I ask all Americans to and the, if you will, cheapest source of purpose yards by an individual. pray for our country during these dif- getting their business products where He is the SEC record-holder for total ficult times and for our brave military they need to be. It is a shame that we yards in a season, at 4,600, breaking the men and women and first responders have not addressed the question of previous record in two fewer games who are protecting us at home and hardworking postal workers, rural post than the prior record-holder. He also abroad. offices that are prolific in the State of achieved an SEC record for total yards Thank you, Mr. Speaker, for allowing Texas, rural postmasters who’ve come in a single game, at 557 yards, only to me to address the House today. and said it’ll be the death knell of their break that record 2 weeks later with a Gig ’em Aggies, God bless America, community. 576-yard game. and Merry Christmas to all. Let us stand the post office up. Let Johnny has logged nine straight f us view it as a vital system. Oh, we are games with 300 or more yards and gen- b 1050 online, but there are individuals who erated five or more touchdowns in six depend upon this massive postal sys- different games. He tied an 85-year-old A LEGACY OF WORKING FOR tem. It can be made efficient. It can be A&M record with 19 rushing touch- PEACE AND A MORE PERFECT made better. We can protect the work- downs in a season. And, oh, by the way, WORLD ers. he still has one more game to play this The SPEAKER pro tempore. The Do we want to give a Christmas gift season. Chair recognizes the gentlewoman from to hardworking postal workers, who as Johnny has many firsts among the California (Ms. WOOLSEY) for 5 min- they are known to go through rain or awards and accolades he has garnered utes. snow or sleet, that is, give them a pink in 2012. He was the first player in the Ms. WOOLSEY. Mr. Speaker, slip for no fault of their own? history of the SEC to win the Fresh- throughout my career in public life, This is not the American way. We man of the Year and the Player of the and even before, nothing has motivated create jobs; we don’t destroy jobs. And Year in the same season. He is also the me more than a desire to end wars and it’s time now for us to stand up and be first freshman in FBS history to win violent conflicts. When I was a small heard before the deadline, that our the Davey O’Brien National Quarter- girl saying bedtime prayers or making postal workers who are always there, back Award. Most notably, he is the a birthday wish when blowing out the who are the ones that find the elderly first freshman in college football his- candles, I always asked for world and the sick in their home because tory to win the Heisman Memorial Tro- peace. So it’s no surprise that over a they know their route and they find phy, awarded to the most outstanding decade ago, I opposed the Iraq war be- those persons if they’re in need, they player in college football each year. fore it even started. It was appalling are the good-news people that come by Johnny not only shined on the field, that we would invade a nation that the seniors and come by the disabled but off it as well. Academically, he has hadn’t provoked us, had nothing to do and come by the poor families. successfully completed enough credit with 9/11, and did not have weapons of I want to say that we can work to- hours to be classified as a junior, even mass destruction. It was a lonely fight gether, bring our postal workers here though he’s just a redshirt freshman. at that time. But I didn’t do it to be to make a difference and to reform the When he first addressed the media at loved. It was a matter of principle. postal system to keep it alive. It is a the end of the regular season, Johnny BARBARA LEE, MAXINE WATERS, and I vital source of work, but it is a vital remained humble and gave credit to his formed The Triad—WOOLSEY, WATERS, service to the American people. teammates, to his coaches, and to the and LEE—to organize our opposition. f Aggie 12th man, which is the greatest We held forums, we developed an Out of tradition in all sports. When he ad- Iraq Caucus, we traveled around the CONGRATULATING JOHNNY dressed the Nation after receiving the country, and in January 2005, I offered MANZIEL Heisman Trophy, he named his offen- the first amendment here on the House The SPEAKER pro tempore. The sive line individually, and honored the floor calling for our troops to be Chair recognizes the gentleman from 1-year anniversary of the passing of a brought home. Some in my own party Texas (Mr. FLORES) for 5 minutes. beloved teammate. thought that it was a mistake, that we Mr. FLORES. Mr. Speaker, this is Johnny knows where his talents and wouldn’t get any votes—or enough the second consecutive year that I have blessings come from; and he gave glory votes—and that we would be embar- had the privilege to congratulate a to God, most importantly. rassed. Well, I told them that even if I Heisman Trophy winner from one of What makes this year so special is were the only one voting to bring our the two universities in the 17th Con- how Johnny and the Aggie football troops home, I would not be embar- gressional District of Texas. team excelled in their first year play- rassed.

VerDate Mar 15 2010 06:33 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K12DE7.035 H12DEPT1 smartinez on DSK6TPTVN1PROD with H6710 CONGRESSIONAL RECORD — HOUSE December 12, 2012 Well, as it happened, we got 128 bi- I thank my wonderful staff who have that make and characterize modern partisan votes that very first time. So helped me over the last 20 years to automotive production. They’re not you see, Mr. Speaker, when you lead, work for a perfect world, which means easy jobs. I would like him to install people follow. Because of a handful of peace, health, and security for all. the windows on the right side of a vehi- progressive leaders and progressives in f cle as it moves down the line over and our country that were vocal and fear- over and over and over and over and less, eventually public opinion turned. SO-CALLED RIGHT TO WORK over again. Let’s see how much fun It turned against the Iraq war and The SPEAKER pro tempore. The he’ll have. turned towards peace. If we and other Chair recognizes the gentlewoman from A year ago, we in Ohio witnessed a outspoken advocates hadn’t ignored Ohio (Ms. KAPTUR) for 5 minutes. similar effort to eliminate unions. conventional wisdom and hadn’t Ms. KAPTUR. Mr. Speaker, as a Rep- Right-wing legislators moved through pressed for peace, the war in Iraq could resentative from Ohio, a State that legislation that would have ended col- still be going on today. borders Michigan, I rise to stand in sol- lective bargaining as we know it in In April, Mr. Speaker, of 2004, I start- idarity with the workers of Michigan. Ohio for public sector workers. We’re ed speaking from this very spot on the Many Ohioans I represent actually talking about firefighters, police, and House floor about my strong anti-Iraq drive to work in Michigan. And due to teachers. Well, the people of Ohio war convictions. Eventually, these the high-handed actions of Michigan’s broadly rejected that union busting speeches focused on Afghanistan, where Governor and its legislature, they ac- earlier this year. we’ve now been waging war for more tually railroaded legislation through b 1100 than 11 years, despite more than 2,000 Michigan, with no hearings, to take Americans dead and nearly $600 billion Citizens organized a ballot initiative away the rights of Michigan workers to to restore worker rights in Ohio, and wasted and even though we are under- fund the collective bargaining process mining our own interests in failing to they won. It was called Issue 2. The that results in living-wage worker con- people of Ohio voted to overwhelm- bring security and stability to Afghani- tracts. stan. ingly protect the rights of those who The workers of Michigan are fighting protect us and who teach our children. Over the last 8-plus years, I’ve spo- to maintain their rights to a fair day’s ken here nearly every day that I could While worker rights were protected wage for a fair day’s work. I support in Ohio, up north, what was done in to drive home what a moral disaster their rights and the rights of every and strategic failure these wars have Lansing, intends to extend far beyond American to organize and negotiate by the borders of just Michigan. It will been. When constituents and others contract for proper pay and benefits, call or come up to me or write and impact workers who commute from my regardless of which State they live in. State of Ohio and Indiana. thank me, I say, But we’re still there. The rights of labor by contract are This is about more than just one I don’t deserve thanks until all of our critical to growing our middle class, as State. In fact, this is a national issue, troops are home. opposed to rights by happenstance that not a states’ rights issue at all. The You know, Mr. Speaker, because are always up for grabs, where workers Michigan union-busting bill is a direct you’ve been here for many of them, have no rights and live in fear of the result of weak Federal legislation, and that my speeches haven’t just been future. I’m talking about section 14(b) of the about bringing our troops home. Michigan’s Republican ideologues Taft-Hartley Act, which weakens the They’ve offered a new vision for global passed so-called ‘‘right-to-work’’ legis- rights of labor. Congress should over- engagement. From here I’ve outlined lation. Well, let’s be clear: the bill turn that part of the law and reaffirm my SMART Security platform, which being pushed there by the far right its role in protecting the internation- calls for development and diplomacy should really be called the Right to ally recognized labor rights of every instead of invasions and occupations; Work for Less. And that is exactly American citizen. civilian surges instead of military what President Obama called it. To That is why I have joined a number surges. SMART Security means help- of my colleagues in introducing legisla- ing other nations educate their chil- quote Bob King, the visionary president of the United Auto Workers of tion, H.R. 2775, that would do just that. dren, care for their sick, and strength- We should not have individual States en their democratic institutions. this country: Every right-to-work State has lower competing against each other in a race SMART Security says we can make to the bottom. Haven’t we seen enough America safe by building international wages, lower benefits, less security for workers and more income inequality. of that? good will and by empowering people We need to support and build back with humanitarian assistance instead And they have a shrinking middle class. The UAW is right: if you happen the American middle class by creating of sending troops or launching drone good jobs, good-paying jobs, and secure to live and work in a State that has a attacks. It’s the right thing to do. It’s benefits through secure contracts. I so-called right-to-work law on the the smart thing to do. And it costs pen- stand attired in red today in solidarity books, you earn an average of $5,000 nies on the dollar compared to military with the workers of Michigan, and I am less a year than if you lived in a workforce. proud to do so. er rights State. The bill signed last So, Mr. Speaker, today I’m delivering f that message for the 444th and final night in Michigan strips labor organi- time on the House floor to speak on a zations of their right to collect dues to RECESS 5-minute Special Order. This is the last cover the cost of negotiating a collec- The SPEAKER pro tempore. Pursu- of my Special Order speeches on war tive bargaining agreement. ant to clause 12(a) of rule I, the Chair and peace and SMART Security. I’m The Michigan law is pure politics. declares the House in recess until noon retiring from Congress at the end of No, it is more than that. It is an old- today. this year, and I believe part of my leg- school union-busting technique, pure Accordingly (at 11 o’clock and 1 acy will be that I worked diligently for and simple. And in Michigan and Ohio, minute a.m.), the House stood in re- peace and a safer world. we know a lot about union busting. As cess. In closing, Mr. Speaker, I’d like to a daughter of auto workers, I know the f acknowledge that sometimes I’ve been history of the hired goons who bludg- 1200 accused of wanting a ‘‘perfect world.’’ eoned auto workers back in the 1930s at b But I consider that a compliment. Our River Rouge as workers began to stand AFTER RECESS Founders strove to form a ‘‘more per- up for their human rights as they la- The recess having expired, the House fect Union.’’ Why shouldn’t we aim for bored in the dungeons of the auto- was called to order by the Speaker at a perfect world? You see, I’m abso- motive production facilities at the noon. lutely certain that if we don’t work to- time. f ward a perfect world, we won’t ever I actually would like to challenge the come close to providing a safe, healthy, Governor of Michigan to come with me PRAYER and secure world for our grandchildren and let’s work on the line for a month Reverend Jerome Milton, Greater and their grandchildren. in one of those repetitive-motion jobs New Pleasant Hill Missionary Baptist

VerDate Mar 15 2010 06:33 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K12DE7.013 H12DEPT1 smartinez on DSK6TPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — HOUSE H6711 Church, Tyler, Texas, offered the fol- both at UCLA. As he says, God moved roughly 75 percent, or $1.2 trillion, in lowing prayer: him from foster care to people care. He new revenue be directed to new spend- Father God, how loving, how gra- and his wife, Charlene, have nine chil- ing instead of deficit reduction. cious, how wonderful, how good, how dren, six of them adopted. The fiscal cliff must be averted to vast are Your methods for bringing us In addition to being a pastor, he’s the protect our economy for future genera- ever so close to You so that we might head track coach at Gorman Catholic tions. Yesterday, House Speaker JOHN experience Your awesome power of love High School, leading his teams to 10 BOEHNER asked the President to iden- and care for us as a Nation. State championships, and has been Ty- tify specific cuts he is willing to make Lord God, we pray today that You ler’s Citizen of the Year with the T.B. for a balanced approach. I hope the will let common ground and middle Butler Award. His work has spanned President will take immediate action ground be the order of the day for the race, religion, all types of barriers, and so progress can be made for a bipar- common good of our Nation. he has blessed so many lives, including tisan solution. Loving God, bless the Members of the mine. In conclusion, God bless our troops, people’s House. Give them wisdom and f and we will never forget September the understanding to be a blessing to our 11th in the global war on terrorism. house. COMMUNICATION FROM THE f CLERK OF THE HOUSE Merciful God, in times like these, oh, LESSONS LEARNED IN THE WAKE precious Lord, take their hands, touch The SPEAKER pro tempore (Mr. OF HURRICANE SANDY their hearts, speak to their souls, that BASS of New Hampshire) laid before the the Members of this body may be bold House the following communication (Mr. HIGGINS asked and was given servants of this Nation. from the Clerk of the House of Rep- permission to address the House for 1 Our eternal God, may all that is done resentatives: minute.) this day be for Your greater honor and Mr. HIGGINS. Mr. Speaker, there are OFFICE OF THE CLERK, many lessons to be learned in the wake glory, forever and ever. HOUSE OF REPRESENTATIVES, Amen. Washington, DC, December 12, 2012. of the hurricane that devastated parts of New York and New Jersey, one of f Hon. JOHN A. BOEHNER, The Speaker, U.S. Capitol, House of Representa- which is the importance of electronic THE JOURNAL tives, Washington, DC. medical records and health informa- The SPEAKER. The Chair has exam- DEAR MR. SPEAKER: Pursuant to the per- tion technology. mission granted in Clause 2(h) of Rule II of While many hospitals and medical ined the Journal of the last day’s pro- the Rules of the U.S. House of Representa- ceedings and announces to the House centers were damaged by the storm, tives, the Clerk received the following mes- hospitals that employed electronic his approval thereof. sage from the Secretary of the Senate on De- Pursuant to clause 1, rule I, the Jour- cember 12, 2012 at 11:08 a.m.: medical records were able to ensure nal stands approved. That the Senate passed without amend- that vital health information was ment H.R. 4014. maintained and not lost. Not only that, f That the Senate passed without amend- electronic medical records enabled con- PLEDGE OF ALLEGIANCE ment H.R. 4367. tinuity of care as patients were trans- The SPEAKER. Will the gentleman That the Senate passed without amend- ferred between hospitals. ment H.R. 2467. Mr. Speaker, this is just one example from Maryland (Mr. SARBANES) come That the Senate passed without amend- forward and lead the House in the of how electronic health records can ment H.R. 3319. improve quality of patient care, inte- Pledge of Allegiance. That the Senate passed with an amend- Mr. SARBANES led the Pledge of Al- ment H.R. 6328. grate health systems, and ultimately, legiance as follows: That the Senate passed S. 3564. reduce unnecessary costs. My western New York community I pledge allegiance to the Flag of the With best wishes, I am United States of America, and to the Repub- Sincerely, was an early adopter of electronic med- lic for which it stands, one nation under God, KAREN L. HAAS. ical records and has since been recog- indivisible, with liberty and justice for all. f nized nationally as a leader in health f information technology. I urge the ANNOUNCEMENT BY THE SPEAKER House to continue the widespread adop- WELCOMING REVEREND JEROME PRO TEMPORE tion of health information technology R. MILTON The SPEAKER pro tempore. The and to assist in its expansion across The SPEAKER. Without objection, Chair will entertain 15 further requests the country. the gentleman from Texas (Mr. GOH- for 1-minute speeches on each side of f MERT) is recognized for 1 minute. the aisle. b 1210 There was no objection. f Mr. GOHMERT. Mr. Speaker, our vis- TOMBSTONE, ARIZONA, WATER iting chaplain today is Reverend Je- PRESIDENT OBAMA’S FISCAL SUPPLY FIASCO CLIFF PLAN CALLS FOR $1.2 rome R. Milton, pastor of the Greater (Mr. GOSAR asked and was given TRILLION IN NEW SPENDING New Pleasant Hill Missionary Baptist permission to address the House for 1 Church in Tyler, Texas. (Mr. WILSON of South Carolina minute.) As a small child, he was left with his asked and was given permission to ad- Mr. GOSAR. Last week, the ninth brother and sister in a rundown motel dress the House for 1 minute and to re- circuit court heard a case regarding in San Diego to die. They were placed vise and extend his remarks.) Tombstone, Arizona’s right to access in a horrific orphanage, where des- Mr. WILSON of South Carolina. Mr. its water supply. Last year, a dev- picable abuses were inflicted, ulti- Speaker, during his campaign for re- astating combination of wildfires and mately resulting in the suicide of his election, the President called for a bal- monsoons struck Tombstone, leaving siblings. anced approach to solve the fiscal cliff only 3 of its 25 springs in operation. Jerome was eventually placed in the crisis. Unfortunately, the plan his ad- Tombstone has been engaged in a year- home of Dadie Florence Brown, the ministration submitted to Congress long standoff with the Federal Govern- 14th foster home. This uneducated but does not include the spending cuts nec- ment over the repairs that will restore strong-willed lady told young Jerome essary to address our Nation’s $16 tril- the town’s water supply because those that, despite all he’d been through, lion national debt. springs are in wilderness areas and ‘‘Don’t allow your abuse to be your ex- According to Senate Budget Com- they are prohibited from using mecha- cuse.’’ She knew God would make him mittee Ranking Member JEFF SES- nized equipment to make the necessary something special, and she prayed for SIONS’ staff’s calculation of data from repairs. him every day. the Congressional Budget Office and This situation is not unique. A simi- Jerome could run fast and play foot- the Office of Management and Budget, lar disaster occurred in northern Ari- ball well and got a scholarship to do the President’s plan suggests that zona after the 2010 Schultz Pass fire.

VerDate Mar 15 2010 06:33 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K12DE7.015 H12DEPT1 smartinez on DSK6TPTVN1PROD with H6712 CONGRESSIONAL RECORD — HOUSE December 12, 2012 The Inner Basin pipeline, infrastruc- bird would create will discourage in- only known detained suspect in the at- ture that delivers water to Flagstaff, vestments where they are most needed tack, a Tunisian man named Ali Harzi. was severed during catastrophic floods in our country. The FBI team has been there for 5 that followed the fire. In our case, a It’s time to find a practical, realistic weeks, and they will not make him lawsuit wasn’t necessary, but it took solution to protect our environment available. my team and the city over a year to and spur economic growth, but manip- Since January 2011, the U.S. has persuade multiple agencies to allow for ulating the Endangered Species Act given more than $320 million in tax- repairs. Last month, I took the first sip and exploiting the Lesser Prairie payer dollars to Tunisia. I rise to ask of water out of the repaired infrastruc- Chicken is simply wrong. that all U.S. aid to Tunisia be imme- ture with Mayor Jerry Nabours. f diately cut off, in light of the country’s Our communities shouldn’t need blocking the FBI’s attempt to inves- INQUIRY INTO THE MURDER OF their Congressman or a lawsuit to tigate the attack and interview Harzi. PATRICK FINUCANE make basic repairs to infrastructure. Why are we giving any sort of aid to The Federal Government should work (Mr. NEAL asked and was given per- a country that has proven at this time with us, not against us, to preserve mission to address the House for 1 it is no friend or ally of the United western water supplies. minute and to revise and extend his re- States? Why are we not doing every- f marks.) thing in our power to investigate the Mr. NEAL. Mr. Speaker, hours ago, events in Benghazi that killed four FISCAL CLIFF British Prime Minister David Cameron Americans? (Mr. CICILLINE asked and was given told the House of Commons that a re- Should Secretary Clinton fail to cut permission to address the House for 1 port he commissioned acknowledged off aid to Tunisia, I will take legisla- minute.) there was a ‘‘shocking level of state tive action to cut off the aid. Mr. CICILLINE. Mr. Speaker, our collusion’’ into the murder of Attorney country faces a critical financial dead- Patrick Finucane in Belfast in 1989. f line in just 19 days. While Democrats I appreciate Prime Minister Cam- are offering solutions to raise revenue eron’s recognition that the agents of RECOGNIZING JEH JOHNSON, GEN- and cut government spending, the the British state were involved in the ERAL COUNSEL OF THE DEPART- House Republican leadership still re- murder of Pat Finucane and his apol- MENT OF THE DEFENSE fuses to take action on something we ogy to the family, but I will continue all agree on—extending middle class to be a strong and outspoken advocate (Mr. SMITH of Washington asked and tax cuts. for a full, open, and transparent public was given permission to address the We need to give middle class families inquiry into the case of British collu- House for 1 minute and to revise and in my home State of Rhode Island and sion in the murder of Pat Finucane. It extend his remarks.) across our Nation the certainty that is the only way to get to the truth and Mr. SMITH of Washington. I rise they will not see a tax increase at a the only way we can convince the pub- today to recognize the outstanding time when they can least afford it. I’ve lic that one of the most controversial service of Jeh Johnson, general counsel heard from hundreds of Rhode Island- murders during the Troubles has been of the Department of Defense. ers who want to know why we don’t thoroughly investigated. In navigating a wide range of impor- have a deal already. I’ve heard from I have known Geraldine Finucane tant legal issues, Jeh has been an in- seniors who want us to protect Social and her family for more than two dec- valuable partner to the House Armed Security, working parents who want us ades. Their campaign for justice and Services Committee over the last 4 to extend tax cuts for the middle class, truth has been honorable and remark- years, and he is respected by Members and those still struggling to find work able. The killing of Patrick Finucane on both sides of the aisle. Over the last who rely on unemployment insurance was a dark stain in the north of Ire- 4 years, Jeh has advised the committee to make ends meet. land, which has not gone away by to- on numerous national security chal- It’s time for the Republican leader- day’s report. The British Government lenges, including cyberwarfare, coun- ship to work across the aisle to reach a agreed to conduct a full inquiry into terterrorism operations, the legal deal that strengthens the middle class the murder at Weston Park, and they boundaries of the conflict against al and responsibly addresses our debt. should honor that commitment, as Qaeda and its affiliates, sensitive intel- f Prime Minister Enda Kenny of Ireland ligence matters, and detainee oper- has suggested today as well. ations worldwide. Jeh was integral to ENDANGERED SPECIES ACT AND As we’ve seen many times before dur- our efforts to reform military commis- THE LESSER PRAIRIE CHICKEN ing the Irish peace process, whether it sions—where those accused of planning (Mr. POMPEO asked and was given was the Birmingham Six, the Guildford and executing 9/11 attacks will be pros- permission to address the House for 1 Four, or Bloody Sunday, the truth ecuted. He has regularly testified be- minute.) eventually emerges. Pat Finucane’s fore Congress and provided briefings on Mr. POMPEO. Today, I rise to talk family deserves to know the whole the Don’t Ask, Don’t Tell law and pol- about a bird, the Lesser Prairie Chick- truth. That is why we will continue to icy, efforts to combat sexual assault in en. Actually, it’s not about the bird; demand that the British Government the military, changes to the combat it’s about jobs. I happen to represent hold a full public inquiry into the mur- exclusion policy, the membership of Cassoday, Kansas, the American cap- der of Patrick Finucane. the Joint Chiefs, and the withdrawal of ital of the Lesser Prairie Chicken. f U.S. troops from Iraq. The Environmental Protection Agen- There has been no shortage of very cy and this administration are about to STOP FOREIGN AID TO TUNISIA difficult and very controversial issues. do great harm to the bird but, more (Mr. WOLF asked and was given per- Jeh has always approached them intel- importantly, present great risk to en- mission to address the House for 1 ligently and professionally and served ergy exploration all across America. minute and to revise and extend his re- this country, the President and Con- They want to put the Lesser Prairie marks.) gress well. Chicken under the Endangered Species Mr. WOLF. Mr. Speaker, yesterday The one thing I always noticed about Act. The impact of this decision will be was the 3-month anniversary of the Jeh is he liked coming over and talking enormous on our burgeoning domestic terrorist attack in Benghazi, Libya, to Congress, which is not always the energy industry. Millions of public where four Americans’ lives were trag- case in the executive branch. He recog- acres could be closed to exploration, ically lost, including U.S. Ambassador nized the importance of the relation- and a labyrinth of bureaucratic night- Chris Stevens. To date, none of the ter- ship between the legislative branch and mares awaits any investor foolish rorists have been brought to justice. In the executive branch. He has served enough to explore land that might be fact, in the months following the at- our country very well. home to even one Lesser Prairie Chick- tack, the Tunisian Government I wish him well in private practice en. The uncertainty that listing this blocked the FBI from interviewing the and thank him for his service.

VerDate Mar 15 2010 06:33 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K12DE7.017 H12DEPT1 smartinez on DSK6TPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — HOUSE H6713 TEXAS SENATOR KAY BAILEY never intended to be policy, period. tions to cap repayment at 10 percent of HUTCHISON These automatic cuts would deeply discretionary income. So, for example, (Mr. POE of Texas asked and was hurt our environment. This Congress an individual with $30,000 in income given permission to address the House has already tried to roll back our and $26,000 in debt will see their for 1 minute.) strongest environmental laws. Now monthly payments drop from $166 a Mr. POE of Texas. Mr. Speaker, KAY we’re on the verge of setting a new low. month to $110 a month. BAILEY HUTCHISON has been a fighter Sequestration could force the na- Individuals can contact the U.S. De- for the State of Texas long before she tional parks and forests to turn away partment of Education’s Web site to came to the U.S. Senate. As a graduate visitors. Our Forest Service, which apply for this assistance or call your of the University of Texas and the Uni- fights wildfires, might not have enough Member of Congress. And while you’re versity of Texas Law School, she first money to put out all the flames. Agen- at it, tell them to extend middle class served in Austin, Texas, in the House cies protecting us from harmful toxic tax cuts, sign on to the Walz bill, and of Representatives. She then served as waste may have difficulty going after let’s get away from this fiscal cliff. State treasurer, and then she made up our worst polluters. This is no solution Congratulations to the President for her mind to become the first woman to to our deficit problems. following through for young Americans ever represent the great State of Texas Now is the time for both sides to to make sure that they’re going to get in the United States Senate. work toward a responsible compromise. needed help to pay for college. Texans have been fortunate to have As I said before, sequestration was f never intended to happen, so let’s not KAY as a feisty advocate for them. PRODUCTION TAX CREDIT let it. She’s been a leader here in the Senate EXTENSION for almost 20 years. My grandmother f (Ms. SCHAKOWSKY asked and was used to always say that there’s nothing NATURAL DISASTER HELP given permission to address the House more powerful than a woman who has (Mr. HIMES asked and was given per- for 1 minute.) made up her mind. Senator KAY BAILEY mission to address the House for 1 Ms. SCHAKOWSKY. I rise today to HUTCHISON is one of those women. She minute and to revise and extend his re- highlight the critical importance of ex- is a leader and a role model for all of marks.) tending the Production Tax Credit for us. She will be missed. Mr. HIMES. Mr. Speaker, you can’t wind energy, which expires this month. Thank you, KAY, for your service to walk two steps in this Capitol without The Production Tax Credit is essential the great State of Texas and the getting into a discussion these days for energy independence, the environ- United States. about the fiscal cliff. The fiscal cliff is ment, and public health; and it is crit- And that’s just the way it is. comprised of a lot of very serious ical for job creation and our economy. f issues, but it is a metaphor. Mean- The Production Tax Credit has b 1220 while, tens of thousands of my con- helped to create good-paying jobs stituents and hundreds of thousands of across the country, including 7,000 in PROTECTING CRITICAL PROGRAMS people in the States of Connecticut, my home State of Illinois. Because of (Mr. SARBANES asked and was given New Jersey and New York are suffering uncertainty, the wind industry is hurt- permission to address the House for 1 as a result of a natural disaster which ing and job losses have already begun. minute and to revise and extend his re- was anything but a metaphor. Hurri- The failure to extend the Production marks.) cane Sandy devastated communities Tax Credit will result in the loss of Mr. SARBANES. Mr. Speaker, crit- across those three States. 37,000 of the 78,000 American wind jobs. ical initiatives that help the Chesa- Traditionally, when our constituents Those are not just numbers on a sheet peake Bay will be among the hardest were homeless, when they were hungry, of paper; they represent people and hit by sequestration. These programs, when they were standing amidst the families and communities. including the Small Watersheds Pro- wreckage of their homes, they looked This is not a partisan issue. Eighty- gram, the Clean Water State Revolving to this body for help and this body al- nine percent of Americans, including 84 Fund, and the Section 319 Program, ways said, yes, we will help. As we percent of Republicans, want more provide much needed resources for on- speak, there is a bill in the Senate that wind power. We must act to extend the the-ground restoration and conserva- would provide that assistance to so Production Tax Credit for wind with- tion efforts in the Chesapeake Bay wa- many distressed constituents, Repub- out delay. The American people can’t tershed. lican and Democrat, rural and urban. wait any longer. These programs are some of the most When that bill gets to this House, I f important tools we have for addressing urge my colleagues to remember that SEQUESTRATION pollution and storm water runoff in the whether it was Hurricane Katrina or bay. An 8 percent cut would cost thou- Andrew or the earthquakes of the west (Mr. LANGEVIN asked and was given sands of jobs and exacerbate the al- coast, we have always set aside consid- permission to address the House for 1 ready crumbling public water infra- erations of the budget, or offsets, or minute and to revise and extend his re- structure that is so prevalent in Mary- whatnot, to do the decent and moral marks.) land and across the country, adding thing and help our constituents. Mr. LANGEVIN. Mr. Speaker, im- pressure to State and local govern- Let’s do it again. pending budget cuts under sequestra- ments to pay for Federal programs f tion pose a serious risk to America’s that have been slashed. As we all know, leadership in a variety of areas. The the budget process is entirely about PAY AS YOU EARN PROGRAM one in particular that I want to focus choices. We must make clean water (Mr. COURTNEY asked and was on today is the serious risk to Amer- and clean air a priority. I urge my col- given permission to address the House ica’s leadership on a clean-energy econ- leagues to protect these critical pro- for 1 minute and to revise and extend omy and to developing grid-scale en- grams from reckless cuts that will de- his remarks.) ergy infrastructure, made possible in stroy jobs and destroy the environ- Mr. COURTNEY. Mr. Speaker, while part by the Production Tax Credit. ment. the whole world is waiting to see These investments help to ensure our f whether the House Republicans say Nation’s energy security and independ- ‘‘yes’’ to extending middle class tax ence while spurring growth in a wind SEQUESTRATION IMPACT ON cuts, President Obama, on Friday, industry that supports over 70,000 jobs ENVIRONMENT moved ahead with following through on nationwide, including hundreds in (Ms. CHU asked and was given per- a campaign promise to help people Rhode Island. mission to address the House for 1 with student loan payments which are Mr. Speaker, Rhode Island receives 7 minute.) at record-high levels. percent of its State revenue from Fed- Ms. CHU. Sequestration wasn’t writ- The Pay as You Earn program, start- eral grants that are subject to seques- ten to be good fiscal policy. It was ing next Friday, will accept applica- tration. Unless averted by Congress, it

VerDate Mar 15 2010 06:33 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K12DE7.036 H12DEPT1 smartinez on DSK6TPTVN1PROD with H6714 CONGRESSIONAL RECORD — HOUSE December 12, 2012 could threaten the health of Rhode Is- have—their health. That’s wrong. Mr. TAX CREDITS AND TAX CUTS land’s local economies and risk another President and Mr. Speaker should not (Mr. PERLMUTTER asked and was national recession. increase that age and tax the poor. given permission to address the House I know we have difficult choices f for 1 minute.) ahead; but if there’s one mandate both Mr. PERLMUTTER. Mr. Speaker, the LET’S WORK TOGETHER parties can claim from the November permission I request is to make two election, it is to solve our Nation’s eco- (Ms. JACKSON LEE of Texas asked simple requests to my friends in the nomic and fiscal challenges together. and was given permission to address Republican leadership and to the Rules Although we may not agree on all as- the House for 1 minute.) Committee, and that is to bring to the pects of a solution, we can all agree on Ms. JACKSON LEE of Texas. Speak- floor two bills. One is to extend middle the need to address the impending ing in the instance of deliberations, re- class tax cuts for 98 percent of the problem. The clock is ticking. dundancy is sometimes good. So I join country. So that has been passed by f my colleagues in again placing the de- the Senate. It provides relief to so fining word ‘‘nonstarter’’ on any idea SUPPORTING RENEWABLE ENERGY many Americans. It should be done im- to raise the eligibility age for Medicare RESEARCH PROGRAMS mediately, and it will be passed over- for hardworking seniors, but hard- whelmingly here in the House of Rep- (Ms. LEE of California asked and was working Americans. resentatives. So the request is the mid- given permission to address the House Let me clarify that Medicare is dle class tax cuts. Let’s bring them to for 1 minute.) earned; it is not a handout. The word the floor. That deals with a big portion Ms. LEE of California. Mr. Speaker, that we use as ‘‘entitlement’’ some- of the budget conversation that’s going let me thank all of the members, first times now has become on the order of on today in Washington. of all, of the Sustainable Energy and what ObamaCare used to be. An enti- Second is for the production tax cred- Environment Coalition for working so tlement is entitled because of earning it to be brought to the floor. Thousands hard to protect vital funding for envi- it, and that goes to Social Security— of jobs all across the country are de- ronmental programs, including renew- which is solvent until 2037—and even pendent upon that tax credit. Again, it able energy initiatives from the so- Medicaid for seniors who are in nursing would be passed overwhelmingly if it called fiscal cliff. homes who have worked. were brought to the floor. There’s no Renewable energy research is the So if we move that aside to look long reason to hold these up any longer. We first step for job creation and building term at how we begin to look at enti- need to pass these. I ask the Repub- up American manufacturing. I’m proud tlements, we’re open-minded. But the lican leadership and the Rules Com- to say that in my own district we’re bottom line is let’s pass the middle mittee to bring them to the floor. leading the way with a vibrant renew- class tax cuts that are for 100 percent f able energy research industry led by of Americans. Let’s join Senator TOM the University of California at Berke- COBURN: I’m for raising revenue be- PROVIDING FOR CONSIDERATION ley, the East Bay Municipal Utility cause we have to; or Senator CORKER: OF MOTIONS TO SUSPEND THE District, the PolyPlus Battery Com- There’s a growing body of folks who RULES pany, and the Lawrence Berkeley Na- are willing to look at the rate on the Mr. SESSIONS. Mr. Speaker, by ditional Lab. They and others work day top 2 percent; or KAY GRANGER: Ex- rection of the Committee on Rules, I and night on innovations that will tending middle class tax cuts is just call up House Resolution 827 and ask power our future and fuel our economy. the right thing to do. for its immediate consideration. Mr. Speaker, we must end the bil- Mr. Speaker, let’s get busy in a bi- The Clerk read the resolution, as fol- lions we give in special tax breaks and partisan way. lows: subsidies to Big Oil and instead invest H. RES. 827 in manufacturing and green renewable f Resolved, That it shall be in order at any energy projects here at home. And end- b 1230 time through the legislative day of Decem- ing the Bush-era tax cuts for million- MANTI TE’O ber 28, 2012, for the Speaker to entertain mo- aires and billionaires will create more tions that the House suspend the rules as revenue for ending our dependence on (Ms. HANABUSA asked and was though under clause 1 of rule XV. The Speak- foreign oil. given permission to address the House er or his designee shall consult with the Mi- nority Leader or her designee on the designa- f for 1 minute.) Ms. HANABUSA. Mr. Speaker, much tion of any matter for consideration pursu- DON’T RAISE ELIGIBILITY AGE of Hawaii was waiting this past Satur- ant to this resolution. FOR MEDICARE day for word of whether one of our own, The SPEAKER pro tempore. The gen- (Mr. COHEN asked and was given per- Manti Te’o, would win the Heisman tleman from Texas is recognized for 1 mission to address the House for 1 trophy. It would have been a first for hour. minute.) Hawaii. Manti shares Punahou, the Mr. SESSIONS. Mr. Speaker, for the Mr. COHEN. Mr. Speaker, we’re in same high school alma mater as Presi- purpose of debate only, I yield the cus- these fiscal cliff talks, and the Presi- dent Obama, and his story is compel- tomary 30 minutes to the gentlewoman dent and the Speaker are trying to ling. from Fairport, New York, my dear work out a solution. They’re talking Manti is someone who has trained so friend, the ranking member on the about tax rates for the top 2 percent hard with his parents solidly by his committee, Ms. SLAUGHTER, pending and taxing their wealth. That’s some- side to play football well. You should which I yield myself such time as I thing they should do because it’s fair hear the stories by his father. He plays may consume. During consideration of and it gives the other 98 percent tax re- the game for the sense of camaraderie this resolution, all time yielded is for lief. But at the same time they’re talk- and the building of friendships. He is the purpose of debate only. ing about increasing the Medicare age not only gifted, but a very humble GENERAL LEAVE from 65 to 67. That’s taxing the wealth young man. But many may not know Mr. SESSIONS. Mr. Speaker, I ask of the less fortunate people who are 65 that he may not have played his senior unanimous consent that all Members and 67. For them and for everybody, year because he lost his girlfriend and have 5 legislative days to revise and ex- your health is your wealth. Jimmy grandmother within 4 days of each tend their remarks. Copeland, a friend and semi-philoso- other. He did play because he promised The SPEAKER pro tempore. Is there pher, said that ‘‘your health is your his girlfriend that he would. objection to the request of the gen- wealth.’’ If you raise the Medicare age Manti, you have made many of us all tleman from Texas? from 65 to 67, you’re going to sacrifice proud, especially those of us from Ha- There was no objection. the health of people who are not the waii. And to you and your teammates Mr. SESSIONS. I rise today in sup- most fortunate. So while we tax the in- from Hawaii, Robby Toma and Kona port of this rule, which will provide come of the most wealthy, we’ll be tax- Schwenke, we say, go fighting Irish! this body the ability to consider legis- ing what wealth the less wealthy Mahalo and aloha. lation under suspension of the rules for

VerDate Mar 15 2010 06:33 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K12DE7.019 H12DEPT1 smartinez on DSK6TPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — HOUSE H6715 the remainder of this Congress. How- that wonder why we’re here, perhaps, successful, and the President, to make ever, I would prefer not really to be Mr. Speaker, our families, we’re here. sure we avoid further tax increases be- here today talking about this resolu- We’re going to keep working. We’re cause we already have a massive tax tion. I was speaking with the gentle- going to work day in and day out, and increase that’s going to take place. woman, Ms. SLAUGHTER, a few minutes we’re going to hope that our leader- This would, in essence, be a double ago, and we concluded that it sounds a ship, including the President, is able to whammy on not just a fragile econ- lot like Christmas, and that’s why make counteroffers until we reach that omy, but an economy that is in far we’re all here. It must be Christmas- exact point where a deal can be done. worse shape with a country that is far time, and so we’re going to work all This is not just about negotiating. It more in debt and much more at risk the way through. But I’d like to be is about finding an answer for the today. home with my constituents, I’d like to American people. By the way, for peo- So you and I understand, the CBO has be home with the family, I’d like to be ple that think this is all about politics estimated some 2 million American doing things. But the reality is that and the things that are going on, per- jobs would be at risk because of the Congress will have to remain in session haps it is, but it’s going to take both ObamaCare implementation and its for the holiday season because we’re sides—two sides, two willing partners— massive impact on the free-enterprise the ones that said we would help solve to want to come to an agreement. system and taxation, combined with the problems of this country, that we That’s why we’re still in town. what would be this new—if the Presi- would step up to the plate on behalf of To date, I know we’ve not seen a lot dent gets his way—tax increase on the American people and make sure we of progress, and I know we are worried working Americans and, in particular, did what we said we’d do, and that is to about it. But I would remind us, and I small business. make life better for people. We set the believe this is true, that the President While much has been made about the dates, we set the timing, and that’s said he is going to stay at the table, he debates surrounding tax rates, there is, why we’re here. is going to work with Republicans, he I think, a larger picture that we need So while families all across the coun- is going to get a deal that’s good for to consider. We should focus on em- try are with their loved ones, we will the American people, and the President ployment and jobs. Instead of trying to be here working. We said we would, and said this during the election, and so I necessarily aim for fairness just by what we’re going to wait for is our two think we’re here to make sure that is using this weapon against small busi- sides, our leaders, the President of the what happens. ness, we should focus, I think, on job United States, Barack Obama, Speaker Mr. Speaker, in less than 20 days, in creation. We understand that if the President’s JOHN BOEHNER, certainly Senate Major- addition to the beginning of the New bill passes, we will lose 700,000 jobs. ity Leader HARRY REID, to lead those Year, we’re going to find out that we That means 700,000 Americans and efforts to find a legislative deal that is also have a new set of taxes that have their families would then qualify, I pre- designed to avoid America and this already been agreed to by the Congress. sume, for unemployment, and it would country, including our government, Ms. PELOSI, when she was Speaker, and mean that we begin the new year once from going off the fiscal cliff. We have the President ran through something again on a negative pathway. That’s heard a lot about that. We are speaking that the President likes to call why we are here today talking and try- about it. We’ve had discussions on the ObamaCare. But there are massive ing to have our leaders of this great floor today about it. That’s why we’re taxes already ahead in law for the Nation make sure that we avoid this. here. And we’re trying to make sure American people, many of which we’re This country is in desperate need of that we, as Members of Congress from just now becoming aware of. I guess an economic kick-start. Lower taxes, both parties, are here trying to help re- that’s what happens when you don’t we believe, through stimulating job solve that so we can still do work in read the bill before you pass it. But creation and job investment and by between that period of time. every single American will see their stimulating the economy, will allow all So, 2 weeks ago, House Republicans personal taxes already go up, and Americans not only to keep their jobs proposed this solution of trying to that’s before we get to whatever hap- but also to keep more of their own make sure that we would have an an- pens with the fiscal cliff. hard-earned pay. In fact, President swer. The President has come back b 1240 John F. Kennedy, I think, agreed with with a solution, and we now know us when he said: where to point where. Our friends, the This is an arbitrary across-the-board tax increase, the combination of which It is a paradoxical truth that tax rates are Democrats, are insisting upon a tax in- too high and tax revenues are too low, and crease to move forward, and Repub- will mean that if we are unable to re- the soundest way to increase revenues in the licans are saying, hold on, hold on; we solve the fiscal cliff without raising long run is to cut rates now. need new revenue, but we don’t need taxes, we’ll already see a lot of new That’s exactly where we are. Repub- new taxes, especially taxes on small taxes as a result of the health care law licans are arguing not to increase taxes business owners that are the creators on financial transactions, on insurance at a time when the American economy of jobs in our economy. And so Repub- programs, on every single working is struggling, when families are strug- licans are saying, we’re not going to American. That’s why we have Speaker gling. Let’s not ask them to go into fall victim for being for the President’s JOHN BOEHNER trying to present Presi- their pockets and pay more to a gov- ideas and the Democrats’ ideas that de- dent Obama with an alternative that ernment that simply wants to spend stroy 700,000 American jobs. says rather than raising taxes, which is more of this money. So, here we are. We’re here. We’re already going to happen on January 1 Mr. Speaker, my Republican col- going to stay here in town. Repub- from this massive new tax increase leagues and I remain committed to licans have resolved to stay here. We that was in the health care bill, why staying in Washington, D.C., to try and said we’d sit at the table, we said we don’t we find a way to understand and get this done. Between now and then, would do the American workers’ and have the economy take that in hand what this rule is all about is saying the American people’s bidding at the first. that we’re going to put us to work on table to make sure that we have a bi- I know the President stood here at solving some of the ideas and issues partisan answer, and that’s what we the State of the Union address and said that remain in the workplace where are going to do. we’re not going to spend one dime of there are answers with suspension So we all remember that following taxpayer money. I know the President votes. So that’s why we’re here today the election in November that our stood here and said every single Amer- pending conference reports and deci- Speaker, JOHN BOEHNER, committed ican can keep their own insurance sions that need to be made. that this body would continue working plan. I know the President has made I encourage my colleagues to support with the President to reach a com- these promises to the American people, this rule with a ‘‘yes’’ vote, and I re- promise that averts the fiscal cliff. and these are the things that we’re serve the balance of my time. Avoiding the fiscal cliff is what we going to have to understand about Jan- Ms. SLAUGHTER. Mr. Speaker, I should continue to do, and we should uary 1 of next year. I believe that’s yield myself such time as I may con- work very diligently. So for my friends why we need to have JOHN BOEHNER be sume.

VerDate Mar 15 2010 06:33 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K12DE7.022 H12DEPT1 smartinez on DSK6TPTVN1PROD with H6716 CONGRESSIONAL RECORD — HOUSE December 12, 2012 I do want to thank my true and good countless other issues that I’ve already have compelled Congress to enact friend, Mr. SESSIONS, for yielding this mentioned that demand our attention. meaningful tax reform in 2013. We time; and I want to congratulate him We can extend unemployment insur- passed this. We’ve said we ought to do on his ascension to the chair of the ance. It’s set to entire on January 1 what we should do, and that was back Rules Committee. I look forward to and will affect millions and certainly in August. working with him. affect our economy. We can give sup- I yield to the gentlewoman from New I think, though, what we want to do port to millions of Americans strug- York. this morning perhaps is debate the gling to recover from Hurricane Sandy. Ms. SLAUGHTER. I thank you, Mr. health care bill one more time. It’s not We can begin an open debate, as I said, SESSIONS, because I know you, and I enough that this House in the last term on the Violence Against Women Act. know that you understand that I’ve al- debated it 32 times at least to try to re- Historians have said that this term ready talked about this. That bill that peal all or part of it, and we know that of Congress these last 2 years has been passed this House excluded a large not a single person on the other side the least productive in American his- number of women. Basically, what this voted for that bill. But as it gets more tory. That is not anything to be proud House said with that vote was to go and more popular in the United States, of, but the majority seems to be intent ahead and beat them up, that we don’t I think sooner or later they’ll wish on keeping that title. They spent 2 want them covered. that they had. years taking vote after vote to repeal After the election, after what every- There is one comment I need to make health care and even more time to body has been through, after what the before I get to the business at hand, make sure that the $4 billion subsidy American public thinks about what a and that is the notion that it was to the big oil companies stays intact. large number of our cohorts believe rammed through in the middle of the It’s shameless, and we need to do more here, surely to goodness, you would not night. The health care bill went than that. The people who sent us here recommend that that bill become the through the entire committee process. deserve more than that. We should not law of the land. The simple thing we’re There are pieces in there that Repub- be crying out in the wilderness to asking for is to take up the Senate bill, lican members of committees put in. work. We have been sent here to work, which covers everybody in domestic vi- Although they may not want to admit and we need to get down to it in the olence. it, they’re there. In addition, the final hours of this Congress. We have Mr. SESSIONS. In reclaiming my Democratic Caucus, under the leader- always had the threat of a working time, I do appreciate the gentlewoman ship of NANCY PELOSI, went over that Christmas. If we have to do it to get in that we will be engaged in many of bill line by line three times. I remem- things done, I’m certainly willing to do these debates. We have been in the ber it well. that. But the majority should help past, and we will be in the future. I But let me get to the business at solve the Nation’s most pressing issues. think the gentlewoman makes a good hand because, Mr. Speaker, I haven’t That’s why we’re here. Do not actively point. seen an honest day’s work from Con- choose—as that’s what’s going on—to We offered this bill. We debated it. gress here in quite a while. leave the work unfinished. We passed it. We are waiting for the Earlier this year, the Columbia As we sit and wait for the negotia- Senate to get to a point at which they Broadcasting System News reported tions on the fiscal cliff, there is always can get to conference. I mean, this is that it costs $24 million a week to run other legislation that is ready, that how this thing works. We’re not going the House of Representatives. But for could be done now, could help our mar- to take the Senate bill and pass it. We the last month, the majority has spent kets, could relieve the minds of em- passed our bill. Now, if we could get to the money on shuttling us back and ployer, could give security to the mid- conference, where the Senate and the forth to Washington and then asking us dle class and people below that; and we House get together and they resolve to sit here and twiddle our thumbs. No certainly ought to be doing it. their differences, then we can bring it more. It’s time to get down to brass All we’re doing now with today’s rule back, and we’ll have a bill. That’s sup- tacks and give the American people a is giving the majority the freedom to posed to be how this place works. It’s return on their multimillion dollar in- spend the rest of this month and the not where we pass our bill and then, all vestment. We need to start right here rest of this year on minor, non- of a sudden, we decide we’re just going and right now by passing the tax cut controversial legislation. I refuse to to take the Senate bill and repass it for the middle class. We could do it to- give this blank check to a majority and negotiate with ourselves. I think morrow. All we have to do is take up that has yet to show any interest in what we need to do is to stick to what the Senate bill. It’s right there. completing outstanding work. we understand, and that is that we are In addition to that, we ought to real- I urge my colleagues to join me in waiting for the Senate to come and do ly take up the Violence Against opposing today’s rule so that we can business with us. Women Act from the Senate, not the try to get back to work. This Wednes- Mr. Speaker, at this time, I yield 5 House bill. The House bill did not in- day should be the day we start doing minutes to a young, new member of the clude numbers of women in America our job to provide real solutions to Rules Committee, the gentleman from under this act: Native American those we represent who have real prob- Georgia (Mr. WOODALL). women, gay women, and immigrant lems. Mr. WOODALL. I thank the gen- women. We couldn’t tolerate that. So With that, I reserve the balance of tleman from Texas for yielding. He will let’s take the Senate bill and pass it. my time. be our chairman next year, and I’m That bill has reduced domestic vio- b 1250 looking forward to his leadership. lence 67 percent. We need to reduce it Mr. SESSIONS. I yield myself such We are kind of setting the tone for 100 percent, but we cannot do without time as I may consume. what’s going to happen next year. I that. It’s terribly important. Mr. Speaker, the gentlewoman makes said all through the fall, Mr. Speaker, The farm bill is important, but we’ll a number of good points. We did pass in that this was going to be that oppor- get to more of that. I cannot say the House the Violence Against Women tunity, that we were going to have to enough that we absolutely need—and I Act. It passed on May 16 of this year, kind of define where this Congress was think so many people this morning on 222–205. The House has passed, by the going to go for the next 2 years. 1-minutes made the point clear. I know way—256 of our colleagues to 171— I’d say to my friend from New York, that numbers of Republicans want to what’s called the Job Protection and for whom I have great respect and with do it in a bipartisan way. What we can Recession Prevention Act. It was whom I’ve enjoyed working on the do is what we’ve already agreed on, and passed on August 1. Rules Committee for 2 years, Mr. that is that the middle class should not Ms. SLAUGHTER. Will the gen- Speaker, that this rule today does ex- have a tax increase, but that the richer tleman yield? actly what my constituents back home people in this country should be paying Mr. SESSIONS. I will yield in just a have asked me to come back to Wash- their fair share. There is simply no rea- second. ington to do. The gentlelady cited bill son for this delay. Once those tax cuts Mr. Speaker, this bill would have ex- after bill after bill that I have been are passed, then we can move on to the tended all current rates and would proud to support to try to rip the

VerDate Mar 15 2010 06:33 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K12DE7.024 H12DEPT1 smartinez on DSK6TPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — HOUSE H6717 President’s health care bill out by its Democrats came together, rejected Let’s bring the middle-income tax cut roots. We absolutely worked hard at class warfare, and said let’s get behind up under suspension. I believe—and I that. Of course, the Senate hasn’t co- a program that expands the economy am willing to take the chance—that operated with us and the President for everyone. We passed that tax bill this House would give over two-thirds hasn’t cooperated with us, so we back in August, then again in Sep- of a vote to the middle-income tax cut. weren’t able to get that done. tember. Again, in being worried about Do I detect your smirk to mean that What this rule does is to say let’s this defense sequester that’s coming you don’t think Republicans will vote move beyond those controversial top- up, we took up the bill from the gen- for a middle-income tax cut, Mr. SES- ics, and let’s move beyond those topics tleman from Florida to say, how could SIONS? Should I take it to mean that that we know we could jam through. we deal with these defense sequestra- you will continue to hold middle-in- For Pete’s sake, there’s a Republican tions in a responsible way? come tax cuts hostage, giving tax cuts majority in this House. We could jam So I go back to May when this House to the wealthiest people in our coun- through absolutely any piece of legisla- did its work. I go back to August when try? tion we wanted to jam through. But this House did its work. I go back to The unfairness of it is appalling. The what this rule says is that that’s not September when this House did its fact that it increases the deficit is dis- the way to finish out the year. The way work. There is proposal after proposal graceful, and that it does not create to finish out this year is to make sure after proposal that, as the gentleman jobs is a big mistake for us to make. that we’re grabbing each piece of legis- from Texas said, we could take to con- What we are asking for in this rule is lation out there that has bipartisan ference tomorrow. to say ‘‘no’’ to the previous question so support. Let’s grab each piece of legis- If I could ask the gentleman from that we can take up a rule that says lation out there that folks have been Texas, because you know better than I: that we cannot leave here until we and laboring on for 2 years, that folks have I know this rule allows for suspensions unless we pass the middle-income tax brought together a consensus around to come to the floor, but what about cut, whatever else happens on a whole and brought together a majority be- that? What about when the Senate de- myriad of other issues that relate to hind, and let’s pass those things. cides to get to work and takes up the the cliff. This matters, what happens I think that’s fantastic. I think companion legislation to some of these here. It matters that we get the job that’s fantastic that every single bill bills that we’ve passed in the House? done. It is relevant to the lives of the that Members have been investing Will we be able to move to go to con- American people. their energy in they’ll now have a ference? Mr. SESSIONS. I appreciate the gen- b 1300 chance to move to the floor. My frus- tleman’s engaging me. I would say to tration is, what about the bills that As we gather here—we, a country of you there is nothing in this rule that we’ve already worked on here in a bi- great family tradition, of family val- will preclude our taking a conference partisan way that have yet to be taken ues, of commitment to faith, faith in report or any business on what we up on the Senate side? ourselves, our families and our God, might call ‘‘regular order’’ that would I heard from my constituents in a our country—we are away from home require a rule to come forth. town hall meeting last night, and while people are lighting a Menorah Mr. WOODALL. So, as the gentlelady somebody said, Rob, why do you always candle, a Chanukah candle, while peo- from New York was talking about some ple are trimming trees and the rest of put everything off until the last of these important pieces of legislation minute? Why didn’t you deal with this that. Okay, we’re here to do our job. coming to the floor, you’re saying, if But we hear from the Republican side sequester earlier? the House appoints conferees and if the I said, Do you mean like back in May that they might not be ready to relieve Senate appoints conferees, we can get when the U.S. House passed the only the pain and curiosity that American together and bring legislation back to families have about whether we are sequester replacement bill to have been the House for every piece of legislation passed in this town? It was back in going to get this done. They are going that she has on her agenda? to put this off until the very last May. Mr. SESSIONS. The gentleman would minute, as to whether the markets will He said, Okay. Maybe that takes care be correct, and we do expect those. of the sequester problem, but why Mr. WOODALL. Mr. Speaker, I thank have confidence on how to grow the didn’t you fix these tax rates? the gentleman from Texas. economy and create jobs and remove I said, Well, we did. As my friend This is exactly the kind of delibera- all doubt—remove all doubt in the full from Texas just pointed out, what tive House that I came to be a part of faith and credit in the United States of about back in August? In a bipartisan just 2 short years ago. We have the America. way, we passed a bill in this House to ability to get these things done in the Every time you come to this floor, extend current tax rates for everyone next few days. I reject the idea that I it’s an existential question: Why are we in order to prevent tax rates from read over and over and over again, Mr. here? We are here to do the people’s going up. Speaker, that this House has been de- work. Let’s sit down, get it done, and Then I took another question from laying action. This House got it right. move forward, instead of filling the one of the folks who said, But what We got it right in our budget in April agenda, however worthy some of those about that Senate bill people keep of 2011. We got it right in our budget in initiatives may be; instead of, not talking about? What about the Senate 2012. We got it right when we passed a along with, passing a middle-income bill? Why won’t that get a vote in the sequester replacement. We got it right tax cut. House? when we passed a tax replacement—and This is also reminiscent of a year I said, Well, actually, it’s quite un- we’re getting it right with this rule ago. The President proposed, the Sen- usual in the Rules Committee. You today, Mr. Speaker. ate Democrats and Republicans voted don’t see it very often when a tax bill Ms. SLAUGHTER. Mr. Speaker, I am for the payroll tax holiday. The Repub- is coming to the floor. The Rules Com- pleased to yield 1 minute to our leader, licans in the House resisted, painted mittee back in August, when we were the gentlewoman from California (Ms. themselves into a corner until they had voting on taxes in general, waived all PELOSI). no choice. The issue had been made too the points of order, took all the road- Ms. PELOSI. Thank you very much, hot for them to handle, and they fi- blocks out of the way, in kind of an un- Ranking Member. nally had to come around to supporting precedented way, to allow what we call Mr. Speaker, why did I sort of smell the payroll tax holiday. the Levin amendment, which was, basi- smoke when I heard this debate? It’s And here we are again. cally, exactly the plan the President reminiscent of Nero fiddling while One hundred percent of the American has been pushing, which is to raise Rome burned. The American people are people will receive a tax cut when we taxes on family-owned businesses, to waiting for us to get the job done here, pass the middle-income tax cut. The punish those job creators. not to make a myriad of excuses about wealthiest people in our country will We took that vote here on the House why stuff hasn’t been done. receive a tax cut up to their income of floor, and I’m proud to say that, again, You’re bringing up a rule that says $250,000. We’re asking them to pay a in a bipartisan way, Republicans and we should have a suspension authority? little bit more for what they make over

VerDate Mar 15 2010 06:33 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K12DE7.025 H12DEPT1 smartinez on DSK6TPTVN1PROD with H6718 CONGRESSIONAL RECORD — HOUSE December 12, 2012 $250,000 a year to help reduce the def- House on August 1, in fact, did exactly Mr. CLYBURN. Mr. Speaker, I thank icit, to help grow the economy. Grow what she is suggesting today, and that the gentlelady for yielding me this the economy. That growth is what is is to take action on what the future time. essential. If you want to reduce the tax rates would be in this country. And Mr. Speaker, when the so-called deficit, create jobs. on a bipartisan basis, 256–171, this supercommittee failed last year to So why aren’t we doing that? Why House of Representatives said let’s un- overcome the obstruction of the Tea are we just having all this subterfuge derstand that now is a bad time to Party Republicans and their leader, and this, that, and the other thing? raise taxes on the American people; Grover Norquist, to achieve a fair and Why are we being told to make a res- and let’s extend for a period of time all balanced plan for deficit reduction, ervation on Christmas Eve and one on of what are known as the tax cuts economic growth, and job creation, I the day after Christmas to come back. which allow America to keep working. said it would take a decisive national Is there not an appreciation for the We passed it 256–171. election in order to settle the matter. I Jewish holidays, the Christmas holi- Mr. Speaker, I’ll insert into the believe President Obama’s victory on days, Kwanzaa, all the other things RECORD a chart that exists on the November 6 was very decisive and pret- that families come together around, House Budget Committee that shows ty definitive. bonding rituals important to the the choice of the futures. And one fu- During the campaign, President strength of our society? Do we not care ture that was presented, this slide that Obama very clearly laid out his vision, about that? Well, the American people I’ve got that’s on the House Budget and the American people strongly af- do. And they want to shop for it. They Committee is essentially about the firmed his position. The President won want to have family dinners and they current pathway as the President all but one of the swing States, 62 per- want to exchange gifts, as is the tradi- would choose as outlined in his budget cent of the Electoral College, and car- that the gentlewoman, Ms. PELOSI, tion. But they really don’t know if ried the popular vote by more than 41⁄2 spoke of that got no votes in the they’re going to be able to pay the bill million votes. Democrats added to our United States Senate. Not one vote. No in January for their purchases in De- numbers in the House and Senate and votes here, the plan that the President cember. captured a House popular vote by more has presented which would substan- The President has been very clear: tially not just raise taxes, but substan- than a million votes. Democrats have agreed to $1.6 trillion In February 2010, President Obama tially raise spending. in cuts, much of it voted on—all of it If you isolate the President’s ideas of began the process to reduce our deficit voted on already either in the Budget simply raising taxes on whatever he by establishing the Simpson-Bowles Control Act or in other actions taken calls the top 2 percent, those who have Commission. Since that time, many bi- by this Congress in the course of this a household income of $250,000 and partisan groups have made rec- Congress. We have already taken a sav- above, what you essentially do, Mr. ommendations on how to reduce the ings of over a trillion dollars, redi- Speaker, is very quickly lose 700,000 deficit, and they have all been in agree- rected savings in Medicare to prolong American jobs. And that’s the answer ment: We need a balanced deal that re- its life and to increase benefits. That that this administration fails to in- quires shared sacrifice from all Ameri- would be $700 billion in the Affordable clude in their talking points, that cans, including the wealthy. Care Act and now another $400 billion there’s a huge impact. And part of that In 2011, we began to reduce the def- or such in the President’s budget. impact, Mr. Speaker, comes from the icit, but we did it entirely through We’re committed to that. problem where dividends, and dividends spending cuts, over $1.5 trillion, and Where are the tax cuts? Where are are that money that comes back as a have asked nothing of the most fortu- the tax cuts for the middle class that result of an investment, would rise es- nate. would inject demand into the economy sentially from 15 percent to whatever a In 2012, the American people spoke. It and would therefore create jobs and person’s top tax rate is—meaning it is time for balance and shared sac- create growth? Where are the revenues could go, at least under the scenario rifice, and the first step is to allow the that we would get if we did that and that the President wants, to 39 percent. Bush tax cuts for income over $250,000 then had the additional participation That means from 15 to 39 percent. to expire. But that is a debate for an- of those who make over $250,000? Where That window, that value in between other day. Now we must do what we is the revenue that the Republicans are is what people reinvest in their compa- agreed on, extend the tax cuts for ev- willing to bring to the table? All we’ve nies. They reinvest that many times in eryone on their first $250,000 of income. seen from them is a letter. All we’ve small business, and that’s the job cre- The proposals put forth by the Re- heard from them is that they don’t ation element. When you make this publicans since the election and their want to tax the rich. All we know is rate go up, you arbitrarily take away refusal to extend the middle class tax that the public is very much on board some 700,000 American jobs that need cuts, which we all agree should be ex- with everyone in our country paying current capital every day, a small busi- tended, are just more of the same ob- his or her fair share. ness owner, reputting that money, re- structionism. And so this rule today that says give investing that money for the life of The time for posturing is over. It’s us authority to have other bills their business. time for our House Republicans to ac- brought to the floor, well, if one of And this is the part that we believe cept the express will of the American those bills is the middle-income tax as Republicans, that we stand on the people and get beyond their pledge to a cut, we’re happy with that. But if that side of saying we shouldn’t lose Amer- special interest lobbyist here in Wash- isn’t the plan, then I urge my col- ican jobs just for the sake of fairness, ington, D.C.; although, frankly, I fail leagues to vote ‘‘no’’ on the previous of what the President, what the minor- to see how voting to cut taxes violates question because that will then enable ity leader is down arguing for, of in- a pledge to never raise taxes. us to bring a rule to the floor which creasing taxes. We need to defeat the previous ques- calls for bringing forth the middle-in- b 1310 tion. come tax cut before we leave here. So it’s obvious to Republicans that Mr. SESSIONS. Mr. Speaker, I’d like Again, we support the President and what we believe we stand for is cre- to remind the gentleman that Repub- his proposal, which is fair, which re- ation of jobs and making sure that that licans have already passed the bill for duces the deficit, which creates jobs, capital that’s invested in the economy the middle class tax cut on August 1 of and which will work for the American continues. this year, and it passed 256–171. We’re people. I reserve the balance of my time. now waiting for the Senate to act on Mr. SESSIONS. Mr. Speaker, with Ms. SLAUGHTER. Mr. Speaker, I’m that. great respect to my dear friend, the pleased to yield 3 minutes to the gen- I reserve the balance of my time. gentlewoman from San Francisco and tleman from South Carolina (Mr. CLY- Ms. SLAUGHTER. Mr. Speaker, I’ll minority leader, I’m delighted that she BURN), the assistant Democrat leader. gladly yield 2 minutes to the gen- came down to engage us on this very (Mr. CLYBURN asked and was given tleman from California (Mr. BECERRA), important issue. The gentlewoman permission to revise and extend his re- the vice chairman of the Democratic does recognize and know that the marks.) Caucus.

VerDate Mar 15 2010 06:33 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K12DE7.027 H12DEPT1 smartinez on DSK6TPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — HOUSE H6719 Mr. BECERRA. I thank the gentle- ity because the United States Senate and aren’t you proud of the fact that lady for yielding. has acted on a bill which will allow us when we agree, your Congress can act? If you’re in the middle class, to do that. Let’s say ‘‘yes.’’ shouldn’t it feel like you’re in the mid- Even if we don’t take their bill up, Vote ‘‘no’’ on the previous question, dle of America? Yet the politics of ex- we could take a bill that TIM WALZ has and then vote ‘‘yes’’ for the middle tremism is pushing the middle class to introduced. Congressman WALZ has in- class. the very edge—the very edge. troduced a bill which will say to the 98 Mr. SESSIONS. Mr. Speaker, I do ap- Our House Republican colleagues percent that we’ve talked about, You preciate the gentleman, my dear friend continue to ignore the calls from the won’t get a tax increase. I think that from Maryland, whom I have not only American people to extend middle class we have agreement on that. As the gen- regular conversations with but enjoy tax cuts now. That politics of extre- tleman from Texas indicated, we have very much. I would once again remind mism is threatening to raise taxes on agreement on that. the gentleman that on August 1 of this the middle class by the amount of I think there’s not anybody here—or year we passed, 256–171, an idea that about $2,200 starting January 1. very, very few at least, on either side would be about not losing 700,000 jobs Republicans should, once and for all, of the aisle—who doesn’t say that by doing it the way that our friends the join with Democrats and the American those who are making $250,000 or less as Democrats want to do it. public to bring the bipartisan, Senate- families or $200,000 as individuals, or passed middle class tax cut bill to a less, shouldn’t get a tax increase. Mr. HOYER. Will the gentleman vote on the House floor. Passage of the Now, there are some who say that yield? bipartisan middle class tax cut bill en- those above should not get a tax in- Mr. SESSIONS. I yield to the gen- sures that 98 percent of Americans and crease either. I understand that. But tleman. 97 percent of small businesses don’t see we have disagreement on that. Mr. HOYER. It’s never wrong to do a single tax increase next year. The American people are frustrated the right thing twice. Democrats and two-thirds of the by the fact that even that on which we Mr. SESSIONS. Reclaiming my time, American people agree with a growing have agreement we can’t move. That’s it is wrong to lose 700,000 more Amer- number of Republicans who are telling their frustration. They understand that ican jobs, and that’s the practical ef- their Republican colleagues, Take the we have policy differences, but they are fect. 98 percent deal; take the 98 percent hopeful that when, at least, we have The minority leader and our speakers deal. agreement on an issue that we can here all day want to talk about seques- My friends, this is not the time to move it. And if we did so, think of the tration. The sequestration came as a put a foot on the brake of our economic confidence. result of a promise, a deal, an agree- recovery that we’re beginning to expe- Mr. COLE, former—had your job as ment that we as Republicans and rience. It’s time to get our work done. the chairman of the Campaign Com- House and Senate and the President Remember, colleagues, where we mittee, said let’s pass this. Let’s give agreed upon that we would come to an were 4 years ago. Four years ago, No- the middle class, the working people of agreement upon how to cut some vember 2008, our country was hem- America, a Christmas present, a sense spending. The President says it’s abso- orrhaging 800,000 American jobs. This of certainty, a sense of self-confidence, lutely essential. Now they want to November, we got the news, 146,000 new a sense of well-being. That will be good back away from the deal. jobs. It’s time to continue that for our economy, but certainly good for progress. them individually and as families as Well, here’s what their deal is: Let’s stop abiding by these pledges to well. Their deal is, among other things, special interests and start abiding by So I would urge my colleagues on the about the new taxes that will take our pledge to the United States of Republican side and my colleagues on place. Here’s one of them that we know America and to the people who elected the Democratic side, vote against the will happen already under law: Medi- us to serve the interest of all Ameri- previous question. care DSH payments paid to qualifying cans, not those of special interests. hospitals that serve low-income pa- Let’s pass this middle class tax cut bill b 1320 tients will be reduced by 75 percent now. Now that’s somewhat esoteric, Mr. starting October 1, 2013, in addition to Mr. SESSIONS. Mr. Speaker, I’d like Speaker. Those watching us say, What the $700 billion that will be transferred to just make sure that the speaker does that mean, voting against the pre- away from senior care. And I know we that was up here, Mr. BECERRA, under- vious question? What’s the previous had an election where we talked about stands that on August 1 of this year we question? That’s some sort of political this. One person tried to explain, Well, passed a bill to extend tax cuts for the jargon that they use in Washington. that’s not really right. Those were to a middle class, 256–171. We’ve already What it means is, if we vote against certain group of people that may be done that, and it’s now awaiting Sen- the previous question, we will then be rich. But it’s right here, to low-income ate approval. empowered to bring forward the middle hospitals. That means that we’re going I reserve the balance of my time. class tax cut bill and we’ll put it on the to have hospitals that no longer will Mr. MCGOVERN. Mr. Speaker, I’d floor, and Mr. WALZ will be our leader serve seniors because their payment like to yield 3 minutes to the gen- on this because he’s put it in the hop- rate got cut by 75 percent. Tax in- tleman from Maryland (Mr. HOYER), per. creases, tax increases on health care; the Democratic whip. The SPEAKER pro tempore. The tax increases, as we learned last week, (Mr. HOYER asked and was given time of the gentleman has expired. when it was announced that all insur- permission to revise and extend his re- Ms. SLAUGHTER. I yield the gen- ance plans will now be paying an extra marks.) tleman an additional 1 minute. $63. Those are passed on to customers, Mr. HOYER. Mr. Speaker, I thank Mr. HOYER. We’ll put that on the consumers. my friend for yielding. I want to thank floor, and every Member of this House, This is an outrageous government the chairman of the Rules Committee all 435 Members, will have the oppor- takeover of health care, and now what for his efforts as well. tunity to say to the American people, they want to do is diminish another Ladies and gentlemen of this House, Yes, on December 12, we’re going to 700,000 jobs. No, sir, we’re not going to we talked a lot about, correctly, cre- tell you that on January 1 your taxes fall victim to that. ating certainty, alleviating uncer- will not go up. [From the House Committee on Small tainty, alleviating angst among our Give us that opportunity. Give us Business] people and among our economy. that opportunity to say ‘‘yes’’ to the The Patient Protection and Affordable We have an opportunity to bring cer- American middle class. Give us the op- Care Act is currently being implemented. tainty to a large segment of the Amer- portunity to say ‘‘yes’’ to certainty in The following table lists some of the provi- ica that they will not receive a tax in- our economy. Give us the opportunity sions affecting small businesses that take ef- crease on January 1. We have that abil- to say ‘‘yes,’’ we agree on something, fect in 2013.

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Provision Law, Section Description Consequences for small businesses (Effective date)

Medicare Tax Increase ...... The Medicare Part A tax rate on wages increases from 1.45% to 2.35% for those Small businesses structured as pass-through entities that earn over the P.L. No. 111–148, Sec. 9015 single filers earning over $200,000 ($250,000 for married joint filers). A new and threshold amount will pay a significantly higher Medicare Part A tax (January 1, 2013) additional 3.8% tax will be assessed on unearned income such as taxable capital rate. Small businesses relying on unearned income will be taxed an gains, dividends, rents, royalties, and interest for taxpayers with modified ad- additional 3.8% justed gross income (MAGI) over $200,000 single and $250,000 married joint filers. New Medical Device Tax ...... A 2.3% excise tax will be levied on manufacturers, producers, or importers on the Higher costs for the manufacturers of medical devices are likely to be P.L. No. 111–148, Sec. 9009 sale of most medical devices that are not directly marketed to consumers. passed on to health care entities (often small and solo practice phy- (January 1, 2013) sicians and hospitals) and patients who rely on them. Several device manufacturers have already announced job cuts in anticipation of this tax. Decrease in Deductions for Medical Expenses ...... The threshold for claiming an itemized deduction on medical expenses rises from Given the increased qualifying threshold, fewer small business owners P.L. No. 111–148, Sec. 9013 7.5% to 10% of adjusted gross income for those under age 65 effective in 2013; and workers may be permitted to claim itemized deductions for med- (January 1, 2013) for those 65 or older, the 10% threshold will be effective after 2016. ical expenses. Limit on Flexible Spending Account (FSA) Contributions ...... Caps FSA contributions at $2,500 per year ...... The new limit increases the tax burden for small business owners and P.L. No. 111–148, Sec. 9005 employees with FSAs. (January 1, 2013) Elimination of Deduction for Employer Part D Subsidy ...... Prior to ACA, employers were able to deduct the cost of providing Medicare Part D to The number of employers offering prescription drug plans for Medicare- P.L. No. 111–148, Sec. 9012 retirees and also were not taxed on the subsidy they received for providing this eligible retirees is likely to decrease, as there will be a reduced in- (January 1, 2013) coverage. ACA eliminated the additional deduction employers receive for providing centive to sponsor such plans. Part D coverage. Reduced Medicare Disproportionate Share Hospital (DSH) Payments ...... Medicare DSH payments, paid to qualifying hospitals that serve low-income patients, Small hospitals that currently receive Medicare DSH payments may find P.L. No. 111–148, Sec. 3133 will be reduced by 75% starting October 1, 2013. A hospital will receive an addi- their DSH payments reduced. (October 1, 2013) tional payment based on three factors: 1) the remaining pool of DSH payments that would have been paid absent these changes; 2) current estimates of the uninsured compared to the estimate for 2013, the last year before the expansion of coverage; and 3) the hospital-specific share of uncompensated care. The estimate of the percentage of individuals who are uninsured will be decreased by 0.1 percentage points for FY2014 and by 0.2 percentage points for each year from FY2015–FY2019. Reduced Medicaid Disproportionate Share Hospital Payments ...... In FY2012, Medicaid DSH allotments to states (i.e., the maximum amount of federal Small hospitals that currently receive Medicaid DSH payments may find P.L. No. 111–148, Sec. 2551 as modified by Sec. 10201(e); matching funds that each state is permitted to claim for Medicaid DSH payments) their DSH payments reduced. P.L. 111–152: Sec. 1203 (October 1, 2013) totaled $11.3 billion. Medicaid DSH allotments to states will be reduced by $500 million in FY2014, $600 million in FY2015, $600 million in FY2016, $1.8 billion in FY2017, $5.0 billion in FY2018, $5.6 billion in FY2019, and $4.0 billion in FY2020. The Secretary of Health and Human Services is responsible for determining how to distribute the aggregate DSH reductions among the states using some broad statutory guidelines. Increase in Medicaid Medicaid Payments for Primary Care ...... Medicaid payments for primary care services furnished by physicians with a spe- Small and solo practices with physicians specializing in family medicine, P.L. No. 111–418, Sec. 1202 cialty designation of family medicine, general internal medicine, or pediatric med- general internal medicine, or pediatric medicine will receive larger (January 1, 2013) icine will increase to 100% of Medicare payment rates for CY2013 and CY2014 Medicaid reimbursements (equal to 100% of Medicare payments) for (i.e., January 1, 2013 and December 31, 2014). primary care services for a 2-year period beginning in January 2013. State Notification Regarding Exchanges ...... States will have indicated to the Department of Health and Human Services by De- Small businesses with 100 or fewer employees for 50 or fewer employ- P.L. 111–148, Sec. 1321 cember 14, 2012 whether they will be creating a state-based American Health ees, at state option) may be able to purchase insurance through December 14, 2012, February 15, 2013) Benefit Exchanges and Small Business Health Options (SHOP) Exchanges. A state these exchanges. All non-grandfathered plans offered in the individual must declare its intention to create a partnership exchange by February 15, 2013.. and small group markets (both inside and outside an exchange) must cover certain minimum benefits (the essential health benefits). Prepared by Small Business Committee Republican staff. Sources: The Henry J. Kaiser Family Foundation, Health Reform Source, Implementation Timeline, 2012. The Commonwealth Fund, Health Reform Resource Center, Find Health Reform Provisions Tool, 2012. U.S. House of Representatives Committee on Ways and Means, Timeline of Major Provisions in the Democrats’ Health Care Package, 2010.

I reserve the balance of my time. them hostage to make sure that the ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Ms. SLAUGHTER. I yield myself 2 wealthiest 2 percent continue to get The SPEAKER pro tempore. The seconds to say it is not a government that tax cut. Chair will remind Members to address takeover of health care. It will be per- Our economy is 70 percent consumer- their remarks to the Chair. Mr. SESSIONS. The gentleman from formed by private insurance compa- driven. That means when the middle New York, a very dear friend of mine, nies. class spends more, we all benefit. When I am delighted to yield 2 minutes to really, I think, got something wrong. the opposite takes place, when they my colleague, the gentleman from New What we’re trying to extend is the law spend less, we all are worse off for it. York (Mr. CROWLEY). that President Obama signed into law Holding the middle class hostage by Mr. CROWLEY. I thank my colleague as a result of bipartisan action 2 years threatening to raise their taxes not from New York for yielding me this ago, and the economy was better then only hurts the American families, but time. than it is now. We were trying to exit also hurts America’s businesses. Ladies and gentlemen of America, tend the tax cuts that President this is not a mirage. We are actually The SPEAKER pro tempore. The Obama was asking us to do, and that’s here in this building, the U.S. Capitol. time of the gentleman has expired. what we simply did in August again. So America, your Congress is in session Ms. SLAUGHTER. I yield the gen- it is a President Obama last-signed bill and we’re here to work, yet my Repub- tleman an additional 30 seconds. that we’re trying to offer an extension lican colleagues refuse to bring up the Mr. CROWLEY. I think we owe it to of. middle class tax cut bill that is right I reserve the balance of my time. our constituents to take this one single behind me at this desk. Ms. SLAUGHTER. Mr. Speaker, I am vote to ensure the middle class won’t My colleague from Texas can con- pleased to yield 2 minutes to the gen- be held hostage any longer, one vote to tinue to talk about what happened in tleman from Minnesota (Mr. WALZ). August of this year—staging votes for give them the economic certainty that Mr. WALZ of Minnesota. I thank the the election that took place. And we they so desperately need now, and one gentlelady. know the results of that election. What vote to keep our middle class spending Mr. Speaker, my discharge petition our constituents are concerned about is and investing in creating jobs for at the desk is really an approach that what happens in January if and when American businesses. But we can’t do the American people spoke loudly in. we fail to do our work here, now, and that, ladies and gentlemen of America, Every single one of us just came also to expose that the vote that took unless our Republican colleagues allow through an election, and the message place in August was a vote to continue Mr. WALZ’s bill, which is at our desk was abundantly clear to me: Why do the Bush-era tax cuts, the very same right now behind me, up for a vote on you continue to bicker? Why do you tax cuts that got us into the mess this floor. That’s why I will vote continue to stand on the floor and we’re in right now. They’re doing that against the previous question, so that make these ridiculous Kabuki-dance because they’re holding hostage the 98 we can come back and have an oppor- statements with one another when it percent of Americans who will receive tunity to include Mr. WALZ’s bill in shouldn’t be that difficult? We came a tax cut under Mr. WALZ’s bill that’s that package. out of a Constitutional Convention, at the desk today. And they’re holding We’re here. We’re ready. Let’s vote. and when they asked James Madison

VerDate Mar 15 2010 06:33 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\A12DE7.006 H12DEPT1 smartinez on DSK6TPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — HOUSE H6721 what the secret to this new govern- come of less than $250,000 a year, the House about trying to work out a deal, ment was: compromise, compromise, tax rates for every American should but the vast majority here, Democrats compromise. stay where they are now and there and Republicans, are being asked to do Mr. Speaker, to sit here and do what should not be a tax increase. nothing. Last night we came back and we’re doing—not bringing this forward My friend from Texas says that the we voted on one bill, to approve the and releasing the tension on the middle majority did that in July. That’s not Journal. That’s all we had to do last class, making sure the economy knows quite right. What the majority did in night, to approve the Journal. We there’s stability amongst taxes—is July was to keep the rates low for peo- haven’t reauthorized the Violence holding our economy back. And to be ple making less than $250,000, but also Against Women Act. We haven’t ex- very honest, it’s insulting to the Amer- keep them low for people making more tended the middle class tax cut. We ican people. This is a Nation that won than $250,000. We just don’t agree with haven’t reauthorized the farm bill—I two world wars. This is a Nation that that. Why don’t we take the 98 percent can go on and on and on—but we had to split the atom. This is a Nation that that we agree on and vote on it right come back and have a Journal vote last put a man on the Moon. This is a Na- now? night. tion sending pictures back from Mars The SPEAKER pro tempore. The The time has come for us to get back from Curiosity. time of the gentleman has expired. to work. The election was clear: the Sign the discharge petition, bring it Ms. SLAUGHTER. I yield the gen- views advocated by Governor Romney to the floor, get 435 votes, put it online tleman an additional 30 seconds. and the Republican majority were re- for 24 hours, send it to the President, Mr. ANDREWS. I thank my friend. jected. The President won comfortably. and by 3 o’clock tomorrow, the big If we don’t do this, 19 days from Democrats won more seats in the Sen- chunk of the fiscal cliff is done. Don’t today 98 percent of the American peo- ate, we won more seats here in the insult the people with things that ple—really 100 percent of the American House. I think it’s a pretty clear mes- aren’t true. Don’t tell them that it’s people—get a tax increase. They have sage that the American people think not about compromise, and don’t sit more taken out of their checks. It will that we ought to do what’s right in here and pretend like we’re working hurt shoppers in the stores, diners in terms of balancing the budget, and when we’re not. They know better. the restaurants, it will hurt jobs across that is ask the Donald Trumps of the They’re smarter. They deserve better. the country. So why don’t we take the world to pay a little bit more. 98 percent that we agree on right now We have already cut, I should say to b 1330 and put it on the floor right now. By the gentleman, $1.5 trillion in discre- Bring the discharge petition to the voting ‘‘no’’ on the previous question, tionary spending. A lot of those cuts floor, allow Members to vote for it, that’s what we can do and should do. are in programs that I think help peo- give the American people what they Mr. SESSIONS. I reserve the balance ple. So, $1.5 trillion in discretionary want—stability and a Congress that of my time. spending we’ve already cut, and my works—and let’s move on to other Ms. SLAUGHTER. Mr. Speaker, I am friends on the Republican side are say- pressing issues. delighted to yield 3 minutes to the gen- ing that Donald Trump can’t pay one Mr. SESSIONS. I reserve the balance tleman from Massachusetts (Mr. penny more. Give me a break. Give me of my time. MCGOVERN), a member of the Rules a break. Ms. SLAUGHTER. Mr. Speaker, I’m Committee. This is about fairness. This is about pleased to yield 2 minutes to the gen- Mr. MCGOVERN. I thank the ranking justice. This is about doing the right tleman from New Jersey (Mr. AN- member on the Rules Committee, Ms. thing. At the very minimum, we should DREWS). SLAUGHTER, for yielding me the time. be debating now not suspension bills, (Mr. ANDREWS asked and was given Mr. Speaker, I regret that my Repub- but we should be debating the exten- permission to revise and extend his re- lican friends are turning this House of sion of the middle class tax cut. That is marks.) Representatives into a place where why we need to vote ‘‘no’’ on the pre- Mr. ANDREWS. Mr. Speaker, there’s trivial issues get debated passionately vious question, to allow us to bring a lot of disagreement about the future and important ones not at all. this bill to the floor. of our country. There’s disagreement The bill that we are talking about If my Republican friends say they over how to handle spending—what right now on the House floor basically agree with us on a middle class tax cut, should be cut, what should be reduced, gives the majority who run this House fine, let’s vote it, vote overwhelmingly what should be increased. There’s dis- the authority to bring up suspension for it. You don’t have to agree on ev- agreement over how much and when to bills from now until December 28. Sus- erything to agree on something. Let’s raise the debt ceiling. These are very pension bills, for those who don’t give the middle class certainty. Let’s important questions. know, are bills really of not much con- vote ‘‘no’’ on the previous question. There’s a disagreement over whether sequence, by and large. They are bills Mr. SESSIONS. Mr. Speaker, I appre- taxes should or should not go up on in- that most of the time could pass by a ciate the gentleman, my friend, who come over $250,000 a year. Our friends voice vote. formerly was the vice chairman of the on the other side in good faith believe Last night in the Rules Committee Rules Committee. I would like to re- that’s a bad idea. We know the eco- the distinguished ranking member, Ms. mind him that when he was the vice nomic history tells us that the last SLAUGHTER, suggested that instead of chairman of the committee, almost time the rates were at the level of 39.6 doing suspension bills we ought to be half of the 3,075 bills considered under percent, 600,000 new businesses were doing bills of some consequence, like suspension in the 110th and 111th Con- formed and 23 million new jobs were reauthorizing the Violence Against gress were for post offices and Federal created, so we think it works. Women Act, doing postal reform, doing building namings, or resolutions, or But there’s something that everyone a farm bill, or what we’re talking things just like National Pollinators says they agree on, and that is that in- about right now—passing a middle Week. come up to $250,000 a year should not class tax cut extension. Those are real What we’re trying to talk about is, at have a tax increase. Everyone on both things that mean real things to real the end of the year, since we’re going sides says that when January 1 shows people in this country, and yet we’re to be here waiting for the ‘‘big deal,’’ up on the calendar there shouldn’t be a not talking about any of those things. that we’re going to make sure that we tax increase on the middle class people We’re talking today about basically can take ideas that still exist and re- of this country, that their first pay- doing not much of anything between side on a bipartisan basis. check on the first Friday of the New now and December 28. I reserve the balance of my time. Year should not have more taken out Last night in the Rules Committee Ms. SLAUGHTER. Mr. Speaker, I of it so as not to hurt our economy or we were told, well, we’re trying to ne- yield 10 seconds to the gentleman from hurt those families. Now, we all say we gotiate a deal on this fiscal cliff. Well, Massachusetts (Mr. MCGOVERN). agree on this. It seems to me the right the reality is that there are a few Mr. MCGOVERN. I just want to say course is to put a bill on the floor that Members of this House who are prob- when we were in charge, we were able says exactly that, that says that for in- ably in discussions with the White to walk and chew gum at the same

VerDate Mar 15 2010 06:33 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K12DE7.032 H12DEPT1 smartinez on DSK6TPTVN1PROD with H6722 CONGRESSIONAL RECORD — HOUSE December 12, 2012 time. We passed some pretty important amendment to the rule that says two Secretary of the Treasury said, We and substantive legislation that I’m things. One is first that we will pass a don’t mind jumping off this cliff. proud of. We should be talking about bill to extend the middle class tax cut, Mr. Speaker, we should not be having real things that matter to real people and second that we will pass legislation that kind of attitude. We should have right now instead of just extending the that will avoid the fiscal cliff and the the attitude that we’re for everybody. suspension authority. chaos that would ensue. We want to be for American entrepre- Ms. SLAUGHTER. Mr. Speaker, I am I ask unanimous consent to insert neurship and especially small business, pleased to yield 1 minute to the gen- the text of my amendment to the rule because it’s small business such as tleman from New Jersey (Mr. PAL- in the RECORD along with extraneous family farms, small business such as LONE). material immediately prior to the vote electrical companies and people who Mr. PALLONE. Mr. Speaker, I urge on the previous question. put their name on the buildings, the my colleagues to vote ‘‘no’’ on the pre- The SPEAKER pro tempore. Is there creative people who get up to go to vious question. objection to the request of the gentle- work every day. That is who we’re The message from my constituents woman from New York? going to hurt. and from the American people is loud There was no objection. We’re not just going to hurt them, and clear, and that’s to extend the mid- Ms. SLAUGHTER. Mr. Speaker, I we’re going to hurt their business fami- dle class tax cuts now. Republicans are urge my colleagues to vote ‘‘no’’ to de- lies, the people they have had em- simply holding hostage tax cuts for 98 feat the previous question so that we ployed, small communities, large com- percent of Americans and 97 percent of may put our rule on the floor. I urge a munities, but small business which is small businesses to give more tax ‘‘no’’ vote on the rule if we are unsuc- the engine of our economy. That’s real- breaks to the wealthiest Americans. cessful, and yield back the balance of ly who we’re going to punish. Now, Democrats have a commonsense my time. Lastly, we should not do it at this solution, and we can’t wait around any Mr. SESSIONS. Mr. Speaker, I want time, just like we should not have 2 longer as real proposals languish while to thank my friend, the gentlewoman years ago, but I guess we were aiming the House GOP gets its act together. from New York, for this vigorous de- for an election at that time, and now Spearheaded by Congressman WALZ, bate that we had on the floor today. the President does not have one ahead Democrats last week filed the Walz dis- Mr. Speaker, top to bottom, the lead- of him. charge petition to automatically bring ership of the Democratic Party has Mr. Speaker, I encourage a ‘‘yes’’ to the floor the Senate-passed middle been on record here again today saying vote on the rule. class tax cuts—which the President has they want to increase taxes on small The material previously referred to said that he will sign immediately— business. They want to increase taxes by Ms. SLAUGHTER is as follows: and overwhelmingly Members have on family-owned businesses and people AN AMENDMENT TO H. RES. 827 OFFERED BY signed this discharge petition. who get up every day and want to em- MS. SLAUGHTER OF NEW YORK My point is we don’t have any time ploy people and work harder. Small At the end of the resolution, add the fol- to waste. We can pass this extension of business is the engine of our economy, lowing new section: the middle class tax cuts now as we and our friends, the Democrats, want SEC. 2. It shall not be in order to consider a concurrent resolution providing for ad- find a bold and balanced and fair agree- to punish them through taxes for fairness issues. journment or adjournment sine die unless ment to avoid the fiscal cliff. There is the House has been notified that the Presi- a consensus that we do this. So why are Well, I’d like to say, Mr. Speaker, dent has signed a bill to extend for one year the Republicans holding this hostage? we’ve got a bunch of problems in this certain expired or expiring tax provisions Once again, let us vote ‘‘no’’ on the country, and that’s why we’re at the that apply to middle-income taxpayers with previous question. Let’s bring this mid- fiscal cliff. This thing is not as a result income below $250,000 for married couples fil- dle class tax cut up now. It is the solu- of taxes, it’s as a result of spending and ing jointly, and below $200,000 for single fil- tion. too many people not having jobs to be ers, and other provisions to address the so- called ‘‘fiscal cliff.’’ Mr. SESSIONS. I reserve the balance able to pay in not just their taxes, but to be able to sustain our economy. of my time. (The information contained herein was Ms. SLAUGHTER. I have no further So we have millions of people that provided by the Republican Minority on mul- requests for time, Mr. Speaker, and I are unemployed and drawing unem- tiple occasions throughout the 110th and wondered if my colleague is prepared ployment compensation. We’re seeing 111th Congresses.) to close. disabilities rise at a rate of 16 percent THE VOTE ON THE PREVIOUS QUESTION: WHAT Mr. SESSIONS. I thank the gentle- every year. One thing which we note is IT REALLY MEANS woman for asking. I have no further that just before President Obama took This vote, the vote on whether to order the speakers and will allow her that oppor- effect, the White House figure showed previous question on a special rule, is not tunity, and then I will close. the Federal budget was $2.9 trillion. merely a procedural vote. A vote against or- Next year’s estimate is going to be $3.8 dering the previous question is a vote b 1340 trillion. This is a 31 percent increase in against the Republican majority agenda and Ms. SLAUGHTER. I thank the gen- spending in just 4 years. a vote to allow the opposition, at least for tleman from Texas. We have someone as President, our the moment, to offer an alternative plan. It is a vote about what the House should be de- Mr. Speaker, we should be doing one great President, who is hung up on tax- bating. thing today, and that’s passing the ing and spending. What we need is a Mr. Clarence Cannon’s Precedents of the continuation of tax cuts for the middle House of Representatives that’s hung House of Representatives (VI, 308–311), de- class. The American people couldn’t be up on jobs and job creation, the Amer- scribes the vote on the previous question on more united in their support for a tax ican product, entrepreneurship, cre- the rule as ‘‘a motion to direct or control the cut, and there’s no reason for delay. ativity, and competition with the consideration of the subject before the House The Senate has already passed the bill world. The next new great ideas will being made by the Member in charge.’’ To that we could take up now. It’s here at defeat the previous question is to give the not come from this body but from the opposition a chance to decide the subject be- the desk. Members across our aisle creativity of the American people. fore the House. Cannon cites the Speaker’s agree, quite intelligently, that we must This is what Republicans are trying ruling of January 13, 1920, to the effect that not let middle class taxes go up. to keep alive in our country, the idea the refusal of the House to sustain the de- With such common ground, why of self-reliance and working hard and mand for the previous question passes the would the majority waste another taking care of people that are not just control of the resolution to the opposition’’ minute before ensuring that the taxes in your house but are in your neighbor- in order to offer an amendment. On March will not go up on the middle class? The hood, your cities, our States, the vi- 15, 1909, a member of the majority party of- answer isn’t clear to me. I simply can- brancy of our country. We are headed fered a rule resolution. The House defeated the previous question and a member of the not fathom it. But if the majority over the fiscal cliff after 4 years of opposition rose to a parliamentary inquiry, won’t take action, we will. leadership from this President who is asking who was entitled to recognition. Mr. Speaker, if we defeat the pre- running—running—directly to the fis- Speaker Joseph G. Cannon (R-Illinois) said: vious question, I’m going to offer an cal cliff, and he has even said, and his ‘‘The previous question having been refused,

VerDate Mar 15 2010 06:33 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K12DE7.034 H12DEPT1 smartinez on DSK6TPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — HOUSE H6723 the gentleman from New York, Mr. Fitz- ELIMINATE PRIVACY NOTICE I will be brief. We passed substan- gerald, who had asked the gentleman to CONFUSION ACT tially the same language unanimously yield to him for an amendment, is entitled to Mrs. CAPITO. Mr. Speaker, I move to by voice vote 2 years ago. This bill has the first recognition.’’ been amended by unanimous consent so Because the vote today may look bad for suspend the rules and pass the bill the Republican majority they will say ‘‘the (H.R. 5817) to amend the Gramm- as to be virtually identical with what vote on the previous question is simply a Leach-Bliley Act to provide an excep- was passed 2 years ago. It now has the vote on whether to proceed to an immediate tion to the annual privacy notice re- support of the ranking member. vote on adopting the resolution.... [and] quirement, as amended. I urge an ‘‘aye’’ vote and reserve the has no substantive legislative or policy im- The Clerk read the title of the bill. balance of my time. plications whatsoever.’’ But that is not what The text of the bill is as follows: Mrs. CAPITO. Mr. Speaker, I would they have always said. Listen to the Repub- H.R. 5817 like to yield as much time as he needs lican Leadership Manual on the Legislative to consume to the gentleman from Mis- Process in the United States House of Rep- Be it enacted by the Senate and House of resentatives, (6th edition, page 135). Here’s Representatives of the United States of America souri (Mr. LUETKEMEYER), who is the how the Republicans describe the previous in Congress assembled, primary sponsor of this bill. question vote in their own manual: ‘‘Al- SECTION 1. SHORT TITLE. Mr. LUETKEMEYER. Thank you, though it is generally not possible to amend This Act may be cited as the ‘‘Eliminate Chairman CAPITO, for yielding. the rule because the majority Member con- Privacy Notice Confusion Act’’. I rise today in strong support of the trolling the time will not yield for the pur- SEC. 2. EXCEPTION TO ANNUAL PRIVACY NOTICE amended version of H.R. 5817, the pose of offering an amendment, the same re- REQUIREMENT UNDER THE GRAMM- Eliminate Privacy Notice Confusion sult may be achieved by voting down the pre- LEACH-BLILEY ACT. Act. Under current law, all financial vious question on the rule.... When the Section 503 of the Gramm-Leach-Bliley Act institutions are required to provide an- motion for the previous question is defeated, (15 U.S.C. 6803) is amended by adding at the control of the time passes to the Member end the following: nual privacy notices explaining infor- who led the opposition to ordering the pre- ‘‘(f) EXCEPTION TO ANNUAL NOTICE REQUIRE- mation-sharing practices to customers. vious question. That Member, because he MENT.—A financial institution that— Banks and credit unions are required then controls the time, may offer an amend- ‘‘(1) provides nonpublic personal informa- to give these notices each year even if ment to the rule, or yield for the purpose of tion only in accordance with the provisions their privacy notice has not changed. amendment.’’ of subsection (b)(2) or (e) of section 502 or This creates not only waste for finan- In Deschler’s Procedure in the U.S. House regulations prescribed under section 504(b), cial institutions but confusion among of Representatives, the subchapter titled and and increased costs to consumers. ‘‘Amending Special Rules’’ states: ‘‘a refusal ‘‘(2) has not changed its policies and prac- to order the previous question on such a rule tices with regard to disclosing nonpublic per- In his book entitled ‘‘The Financial [a special rule reported from the Committee sonal information from the policies and Crisis and the Free Market Cure,’’ on Rules] opens the resolution to amend- practices that were disclosed in the most re- John Allison reports that one bank of- ment and further debate.’’ (Chapter 21, sec- cent disclosure sent to consumers in accord- fered at the end of its privacy notice to tion 21.2) Section 21.3 continues: ‘‘Upon re- ance with this subsection, pay $100 to any customer that read its jection of the motion for the previous ques- shall not be required to provide an annual notice in full. Only one customer took tion on a resolution reported from the Com- disclosure under this subsection until such the bank up on that offer. mittee on Rules, control shifts to the Mem- time as the financial institution fails to Year after year, millions of dollars ber leading the opposition to the previous comply with any criteria described in para- are spent on privacy notices that are question, who may offer a proper amendment graph (1) or (2).’’. or motion and who controls the time for de- either disregarded by or confuse the bate thereon.’’ The SPEAKER pro tempore. Pursu- customers. Let’s think about this cost Clearly, the vote on the previous question ant to the rule, the gentlewoman from for a second. This outdated require- on a rule does have substantive policy impli- West Virginia (Mrs. CAPITO) and the ment doesn’t cost only in postage cations. It is one of the only available tools gentleman from California (Mr. SHER- alone, but also costs in compliance for those who oppose the Republican major- MAN) each will control 20 minutes. costs, cost of supplies, printing fees, ity’s agenda and allows those with alter- The Chair recognizes the gentle- and man hours. native views the opportunity to offer an al- woman from West Virginia. ternative plan. I talked to one community bank in GENERAL LEAVE my district that said they spent rough- Mr. SESSIONS. Mr. Speaker, I yield Mrs. CAPITO. Mr. Speaker, I ask ly 70 cents per disclosure. With a min- back the balance of my time, and I unanimous consent that all Members imum of 250,000 accounts and cus- move the previous question on the res- may have 5 legislative days in which to tomers, this one bank spends $175,000 a olution. revise and extend their remarks and to year on this requirement. It may not The SPEAKER pro tempore. The add extraneous materials on this bill. seem like a lot of money to some of my question is on ordering the previous The SPEAKER pro tempore. Is there colleagues, but I can tell you that question. objection to the request of the gentle- $175,000 is a lot of money for a small in- The question was taken; and the woman from West Virginia? stitution like this one in my district, Speaker pro tempore announced that There was no objection. especially when a lot of those costs are the ayes appeared to have it. Mrs. CAPITO. Mr. Speaker, I yield passed on to the customer. Ms. SLAUGHTER. Mr. Speaker, on myself such time as I may consume. There is some debate over what this that I demand the yeas and nays. The amended version of H.R. 5817 rep- legislation will do. Let me be com- The yeas and nays were ordered. resents compromise language that ad- pletely clear: this legislation will only The SPEAKER pro tempore. Pursu- dresses concerns raised by some Mem- remove the Gramm-Leach-Bliley an- ant to clause 8 of rule XX, further pro- bers about the last section of the bill, nual privacy notice requirement of an ceedings on this question will be post- which provided certain regulatory re- institution if an institution has not, in poned. lief to State-licensed financial institu- any way, changed its privacy notice or f tions. The bill before the House today procedures. is substantially the same as the legis- ANNOUNCEMENT BY THE SPEAKER lation that passed the House by voice b 1350 PRO TEMPORE vote in April 2010, and we actually de- This legislation does not exempt any The SPEAKER pro tempore. Pursu- bated this bill a week ago. institution from an initial privacy no- ant to clause 8 of rule XX, the Chair I would like to thank the sponsors of tice, nor does it allow a loophole for an will postpone further proceedings H.R. 5817, Mr. LUETKEMEYER, Mr. SHER- institution to avoid issuing an updated today on motions to suspend the rules MAN, Mrs. MALONEY, Mr. CAPUANO, and notice. on which a recorded vote or the yeas Mr. FRANK, for agreeing to this com- We worked in a bipartisan fashion to and nays are ordered, or on which the promise language. amend this legislation to remove the vote incurs objection under clause 6 of With that, I reserve the balance of stipulations for State-regulated finan- rule XX. my time. cial institutions. The amended lan- Record votes on postponed questions Mr. SHERMAN. Mr. Speaker, I yield guage is now identical to the legisla- will be taken later. myself such time as I may consume. tion that passed the House by a voice

VerDate Mar 15 2010 06:33 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\A12DE7.007 H12DEPT1 smartinez on DSK6TPTVN1PROD with H6724 CONGRESSIONAL RECORD — HOUSE December 12, 2012 vote in the 111th Congress. Addition- ASTHMA INHALERS RELIEF ACT Texas (Mr. BURGESS) and the gen- ally, I would like to remind my col- OF 2012 tleman from California (Mr. WAXMAN) leagues that similar language, lan- Mr. BURGESS. Mr. Speaker, I move each will control 20 minutes. guage that was the basis for the first to suspend the rules and pass the bill The Chair recognizes the gentleman version of legislation, passed in both (H.R. 6190) to direct the Administrator from Texas. the 109th Congress and the 110th Con- of the Environmental Protection Agen- GENERAL LEAVE gress. cy to allow for the distribution, sale, Mr. BURGESS. Mr. Speaker, I ask This language is not controversial, it and consumption in the United States unanimous consent that all Members does not jeopardize consumer privacy, of remaining inventories of over-the- may have 5 legislative days in which to and it does not exempt an institution counter CFC epinephrine inhalers. revise and extend their remarks and in- from having to produce an initial or The Clerk read the title of the bill. clude extraneous material on this bill. amended privacy notice. This legisla- The text of the bill is as follows: The SPEAKER pro tempore. Is there tion does eliminate millions of costly, H.R. 6190 objection to the request of the gen- confusing, and often ignored mailings. Be it enacted by the Senate and House of Rep- tleman from Texas? And, with the passage of this bill, the resentatives of the United States of America in There was no objection? information included in these mailings Congress assembled, Mr. BURGESS. Mr. Speaker, I yield would likely become more significant SECTION 1. SHORT TITLE. myself such time as I may consume. to the consumer because it would come This Act may be cited as the ‘‘Asthma In- H.R. 6190, this is a bill that I honestly halers Relief Act of 2012’’. only after a change in the privacy pol- wish we did not have to consider today. SEC. 2. DISTRIBUTION, SALE, AND CONSUMPTION Over the past several years, I have icy. OF REMAINING INVENTORIES OF This legislation is supported by the OVER-THE-COUNTER CFC EPINEPH- repeatedly asked the Food and Drug Independent Community Bankers of RINE INHALERS. Administration, the Environmental America, the Credit Union National (a) IN GENERAL.—The Administrator of the Protection Agency, and even the White Environmental Protection Agency— Association, the American Bankers As- House, the President himself, for an- (1) shall allow for the distribution, sale, swers to questions that I and other sociation, the National Association of and consumption in the United States of re- Federal Credit Unions, and the Con- maining inventories of CFC epinephrine in- members of the committee have as to sumer Bankers Association, among halers manufactured pursuant to the excep- why the administration has refused to others. tion for medical devices under section grant a waiver to sell the existing I’d like to thank the gentleman from 604(d)(2) of the Clean Air Act (42 U.S.C. stock of over-the-counter epinephrine California (Mr. SHERMAN) for his work 7671c(d)(2)); inhalers. Only last summer, and be- on this bill. I would also like to thank (2) shall not take any enforcement action cause the committee was moving legis- or otherwise seek to restrict the distribu- Chairman BACHUS, Ranking Member lation at the time, did the Food and tion, sale, or consumption of such inhalers Drug Administration finally provide at FRANK, Chairman CAPITO, and Ranking on the basis of any Federal law imple- Member MALONEY for their work with menting the Montreal Protocol; and least some sort of response, albeit one us toward swift passage of this legisla- (3) shall, in response to any request of any that was entirely unsatisfactory. tion. distributor or seller of such inhalers, includ- Under the rules known as the Mon- With that, Mr. Speaker, I ask my col- ing any such request pending on the date of treal Protocol, certain chemical pro- leagues for their support. the enactment of this Act, issue a No Action pellants used in a number of medical Mr. SHERMAN. Mr. Speaker, I yield Assurance Letter to the requesting party and cosmetic devices were to be phased myself such time as I may consume. stating that the Environmental Protection out over a number of years, the Agency will not initiate an enforcement ac- I want to thank the gentleman from chlorofluorocarbons, CFC, used in the tion relating to the distribution or sale of epinephrine inhalers. Here is one of the Missouri for his work and leadership on any such inhaler occurring prior to August 1, this bill. I also want to thank the rank- 2013. ones that was one of those propellants. ing member, Mr. FRANK, for his sup- (b) RULE OF CONSTRUCTION.—Nothing in One of the manufacturers of these over- port, and, of course, the gentlelady this Act shall be construed to limit or other- the-counter inhalers has worked on a from West Virginia. wise affect the authority of the Food and replacement inhaler only to meet with If this bill becomes law, a written Drug Administration under the Federal stonewalling through the Food and Food, Drug, and Cosmetic Act (21 U.S.C. 301 Drug Administration and requests for copy of the privacy policy will still go et seq.) to ensure the safety and effectiveness by postal mail to every customer when of CFC epinephrine inhalers to be distrib- more studies into the device. Although he or she becomes a customer of the fi- uted, sold, or consumed pursuant to this Act. the Food and Drug Administration nancial institution. Another copy will (c) DEFINITIONS.—In this Act: claims they are awaiting an applica- go every time that policy is changed, (1) The term ‘‘CFC epinephrine inhaler’’ tion from the company, the company and the policy will be available day and means any epinephrine inhaler containing counters that the Food and Drug Ad- night on the Internet on the Web site chlorofluorocarbons that was manufactured ministration once again continues to and classified as over-the-counter before move the goalpost. Regardless of the of the financial institution. The pri- January 1, 2012. vacy policy will be known to everyone (2) The phrase ‘‘Federal law implementing finger-pointing, Mr. Speaker—and who has an interest in reading it, the Montreal Protocol’’— there is much of it surrounding this whether $100 is paid as a bonus for (A) means any provision of title VI of the issue—the fact remains that there is no reading it or not. Clean Air Act (42 U.S.C. 7671 et seq.) or other viable alternative for the over-the- Mr. Speaker, I have no further speak- Federal law implementing the Montreal Pro- counter purchase by an asthmatic suf- ers, and I yield back the balance of my tocol; and fering from an acute emergency at- time. (B) includes the final rule published by the tack. Food and Drug Administration entitled ‘‘Use Mrs. CAPITO. Mr. Speaker, I also We’ve heard that a company is about of Ozone-Depleting Substances; Removal of to market a device, and indeed there is urge passage of this bill. Essential-Use Designation (Epinephrine)’’ With that, I yield back the balance of published in the Federal Register at 73 Fed- a device available without a prescrip- my time. eral Register 69532 (November 19, 2008). tion, but it’s behind the counter. In The SPEAKER pro tempore. The (3) The term ‘‘Montreal Protocol’’ has the other words, if the pharmacy is open question is on the motion offered by meaning given such term in section 601 of but the pharmacist is not there, you the gentlewoman from West Virginia the Clean Air Act (42 U.S.C. 7671). cannot purchase this device. I know (Mrs. CAPITO) that the House suspend (4) The term ‘‘over-the-counter’’ means not this firsthand because it happened to the rules and pass the bill, H.R. 5817, as subject to section 503(b)(1) of the Federal me one evening while we were home on Food, Drug, and Cosmetic Act (21 U.S.C. one of the district work periods. The amended. 353(b)(1)) or otherwise required pursuant to The question was taken; and (two- Federal law to be dispensed only upon new product uses a nebulizer rather thirds being in the affirmative) the issuance of a prescription. than a propellant. It’s a little more rules were suspended and the bill, as (d) SUNSET.—This section ceases to be ef- complicated. In my experience, it’s a amended, was passed. fective August 1, 2013. little more difficult to use and less ef- A motion to reconsider was laid on The SPEAKER pro tempore. Pursu- fective. Nevertheless, it is available, the table. ant to the rule, the gentleman from but the cost differential is significant

VerDate Mar 15 2010 06:33 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K12DE7.042 H12DEPT1 smartinez on DSK6TPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — HOUSE H6725 when compared with the old over-the- Let’s stop this senseless war on bill has concluded it is a bad idea. Con- counter CFC propellant epinephrine in- asthmatics the administration has gress shouldn’t be overriding FDA’s es- haler. waged for the last 3 years. tablished regulatory process if doing so The committee and the Congress With that, I’ll reserve the balance of would pose significant patient confu- should be on the side of putting more my time. sion and undermine public health. available products into the hands of pa- b 1400 That’s just common sense. tients and allowing them to effectively Even if we pass this bill, it would not manage their medical issues. Instead, Mr. WAXMAN. Mr. Speaker, I yield 4 lead to the widespread availability of opponents of this legislation hide be- minutes to the ranking member of the Primatene Mist that is sought by the hind false claims of the safety and effi- Health Subcommittee of Energy and proponents of the legislation. Accord- cacy of epinephrine. Commerce, the gentleman from New ing to Armstrong, between 2 million Mr. Speaker, I would point out that Jersey (Mr. PALLONE). and 3 million people used Primatene I’ve been an asthmatic my entire life. I Mr. PALLONE. I thank my col- Mist before the phase-out, but fewer have utilized rescue inhalers for a long league, the ranking member from Cali- than 1.5 million Primatene Mist inhal- time. Racemic epinephrine, the active fornia (Mr. WAXMAN). ers remain in Armstrong’s inventory. pharmaceutical ingredient in an over- Congress gave the FDA the responsi- That means that as many as half of all the-counter asthma inhaler, has been bility of deciding whether specific previous users of Primatene Mist would around for 60 years. There has not been types of inhalers containing ozone-de- not be able to obtain even one inhaler a question of its safety and efficacy. If pleting substances are essential uses if Armstrong were allowed to sell off so, we know the FDA has the power to and need to remain on the market, and its remaining inventory, and it as- remove a drug or device that they the FDA has established an orderly and sumes that pharmacies or drug stores think is unsafe or not effective. They open process for making these deter- would even carry it. Retailers may de- have given their stamp of approval to minations: 13 types of inhalers con- cide not to sell inventoried units of racemic epinephrine again and again taining CFCs were phased out prior to Primatene Mist because the units will over the last 60 years. There continue the phase-out of Primatene Mist. The start to expire in January, and that’s to be dozens of epinephrine-based treat- remaining two CFC-propelled inhalers only a few weeks from now. ments for asthma-related issues that are scheduled for phase-out at the end So the real effect of this bill would be are used by doctors and medical profes- of 2013. to provide a regulatory earmark to sionals. Although opponents of this The FDA determined in 2008 that Armstrong rather than a rescue inhaler legislation will claim that they’re op- Primatene Mist was not an essential that would be available in the middle posed to the bill because epinephrine is use. They concluded that there are no of the night to someone suffering from not safe, this claim is simply not true. substantial technical barriers to devel- an asthma attack. There are currently over 1 million oping epinephrine inhalers that do not Mr. Speaker, I don’t know what else units of these inhalers sitting in a release ozone-depleting substances. At I can say. This is a bad bill, and I urge warehouse in California not helping pa- the request of Armstrong, the manu- my colleagues to oppose it. tients currently suffering from an asth- facturer of Primatene Mist, the FDA Mr. BURGESS. I yield myself 1 ma attack, not available for a rescue set a phase-out date of December 31, minute. treatment for someone who cannot get 2011, which was 1 year longer than the I would point out that the FDA has their breath. It’s unconscionable to FDA initially proposed. The FDA took not retracted the use of racemic epi- allow them to sit and gather dust when steps to prepare the public for the nephrine for the short-term use of a they could be used to provide relief to phase-out. It approved a label for rescue inhaler in the treatment of an America’s asthmatic patients. More- Primatene Mist which indicated to acute asthmatic attack. That just sim- over, the company is committed to do- consumers that Primatene Mist would ply has not happened. Then to say that nating any proceeds from the sale to not be available after December 31, Congress is now seeking to overrule the charity to remove any possible profit 2011, and Primatene Mist was phased FDA is preposterous because those are motive from their request to sell these out on that date. It has not been avail- not the facts on the table right now. products. able for the past 11 months. A regulatory earmark? Come on, give This is not about allowing a company This bill would intervene to put to continue to sell their product; it’s me a break. I would welcome other Primatene Mist back on the market. It about not allowing a regulatory agency companies into the marketplace that is a legislative earmark that directly to unreasonably restrict the access of wanted to create a low-cost, effective, benefits just one company—Armstrong. America’s asthmatics to a useful prod- convenient treatment for asthmatics A long list of public health groups, uct. I wish more companies would come who need acute respiratory relief when physician organizations, and patient forward with a viable over-the-counter their standard meds, when their meds advocates oppose this bill. They do not asthma inhaler so that asthmatics that they take on a chronic basis, ei- believe that returning Primatene Mist could have more and more choices in- ther are not working or when, for to the market is in the best interest of stead of that costly emergency room whatever reason, a flare-up has oc- patients with asthma or in the best in- visit at 2 a.m. curred. This bill is about allowing terest of public health. The following Look, I’m an asthma patient—I’m on asthmatics to continue to get relief organizations, Mr. Speaker, that op- asthma medicine—but in the product during an asthma attack, to continue pose this bill wrote to Members of the information provided to patients on to have an emergency rescue inhaler House: the American Lung Association, the long-term medicine is a statement available when they deem that they the American Thoracic Society, the that this is not intended as a rescue de- need it, not when the Administrator of American Academy of Pediatrics, the vice for an acute attack. For that, you the EPA says they need it or not when Asthma and Allergy Foundation of need something that was previously the Administrator of the FDA says America, Mothers of Asthmatics. available over the counter. I’ve got to they need it. I could go on. There are eight other tell you that I was astounded by the Members of Congress spend a lot of public health organizations on this one elitism by the EPA at the table in time talking about how much they letter alone, and I am not aware of any front of us when they told us that they care about the plight of patients—and public health organization that sup- know better than America’s asthma asthmatics in particular—and decrying ports this bill. When FDA officials patients. Come on. This is the land of the high cost of health care. Even if it briefed Members, they expressed many liberty. Let’s give patients the devices is just for a limited time, this bill re- of the same concerns about patient they need to manage their illnesses. turns a safe, effective, and inexpensive confusion and of Primatene Mist no I reserve the balance of my time. treatment into the hands of patients longer being the standard of care for Mr. WAXMAN. Madam Speaker, I suffering from asthma, one that has asthma patients. yield myself such time as I may con- been in use for decades. Now, let’s be clear, Mr. Speaker. sume. For me, at least, the issue is clear. Every public health group and patient My colleagues, this is a bill that is Let’s side with patients on this issue. advocacy group that has looked at this special for one company in order for it

VerDate Mar 15 2010 06:33 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K12DE7.044 H12DEPT1 smartinez on DSK6TPTVN1PROD with H6726 CONGRESSIONAL RECORD — HOUSE December 12, 2012 to sell off the batches of the Primatene and GlaxoSmithKline. They oppose Texas is handling his deodorant prob- Mist that it has on stock. This is a this bill because it provides one com- lem adequately. The fact of the matter product that’s not on the market now— pany with the special treatment that is there are other products for asthma it was taken off the market—and there none of these other companies receive. that the people in the medical profes- are substitutes on the market that the There is no reason for this bill. This sions say is superior; and they say that public health and medical groups say is a drug that is already off the mar- Primatene Mist can lead to damage are far better and are far safer. ket. There are substitutes that are and become a threat to health. So why There are a large number of organiza- being developed, and there are sub- are we going to take this one drug and tions that have come to the floor on stitutes that are already on the mar- put it back on the market? this bill to oppose it. The Energy and ket. I don’t think we ought to be using With those comments, I now yield 3 Commerce Committee heard expert the Suspension Calendar, of all proce- minutes to my good friend from the medical testimony that Primatene dures, to give a special deal to just one State of Michigan (Mr. DINGELL), the Mist is not safe or recommended for company. dean of the House. treating asthma, and we have a chart I urge Members to oppose the bill, (Mr. DINGELL asked and was given here. These are the groups that oppose and I reserve the balance of my time. permission to revise and extend his remarks.) this bill and that would urge you to b 1410 vote ‘‘no’’: the American Lung Associa- Mr. DINGELL. Madam Speaker, I tion, the American Thoracic Society, Mr. BURGESS. I yield myself 1 thank my good friend for yielding me the American Academy of Pediatrics, minute. this time. Neither he nor I need hair the Asthma and Allergy Foundation of The ranking member spoke of a spray, and so we can approach that America. All of the people involved in group called the Alliance for Sensible matter with some serenity. But I want health are saying they don’t want this Atmospheric Policy. I wish this were to say here, I yield to no one in this drug on the market, that it will only sensible, Madam Speaker. This is the Chamber over what has been done or confuse asthma patients, and that it is most nonsensical thing I have ever en- what I have done on food and drug safe- not the safest drug that they could countered. Look, America’s asthma pa- ty for the American consuming public. have. tients are not blowing a hole in the I’m the author of the provisions that Now, the gentleman from Texas has ozone above Antarctica. I get the fact require Food and Drug to only market said what we ought to do if it’s not safe that Mr. WAXMAN and I have to give up those things which are safe and effec- is to take it off the market. It is off the our hair spray. I get that. Too much tive. If Food and Drug doesn’t like this, market. It hasn’t been taken off be- CFCs. You’ve got it. they can take it off the market on that cause of safety, but it is not rec- I get the fact that our underarm deo- ground. They have not chosen to do so. ommended by the medical community. dorant had too many CFCs and we had The only reason it is going off the mar- There is another group here called to have a different propellant. But ket is because of the fact that it both- the Alliance for Responsible Atmos- we’re talking about an effective treat- ers the folks who want the Montreal pheric Policy, and I’d like to indicate ment for a very vulnerable group of pa- Protocol to go into place. some of the organizations that are part tients—2 o’clock in the morning, some- Now, let’s take a little bit of a look of that alliance, which are some of the one who has asthma who might have at it. There are 1.2 million issues of major corporations in this country. run out of their medicine, or maybe this particular pharmaceutical. A pid- Lastly, I want to show a chart of they encountered something that dling amount of CFCs is going to be re- those who are in favor of this bill: caused their airways to react, what leased in that these inhalers are very Armstrong Pharmaceuticals. It is the choice do they now have? They go to small. They have a few milliliters of one company that will benefit from the emergency room, spend $1,500 for a propellent. It’s not going to make any this bill because it will be able to sell breathing treatment. significant difference. Food and Drug off the reserves of its product. This is not something that was held can take it off the market. It is safe. It Now, is that in the best interest of behind the counter by the pharmacist. is efficacious. the patients? Is that what Congress This was out on the open shelf avail- Now I want to talk about a couple of ought to be doing, passing a special able to anyone at any hour of the day other things. The gentleman from earmarked bill to favor one company or night. Asthma patients need access Texas has talked about what happens in order for it to be able to take the to this type of medication. I would wel- when you have these problem as an rest of its stock and sell it to people? come the fact that other companies asthmatic. My old dad was a former tu- We do have a Food and Drug Admin- would want to create a low-cost, avail- bercular. He lived through his life with istration, and we do have an Environ- able product for asthmatics to use as a about half a lung, and I listened to him mental Protection Agency. We’ve dele- rescue inhaler. every night, up walking around, gasp- gated to them the responsibility to I reserve the balance of my time. ing like a fish on a rock because he protect the public health, to make sure Mr. WAXMAN. First of all, I want to couldn’t get air. that drugs are safe and effective. This address some of these issues myself, There are a lot of people who have Primatene Mist was supposed to come and then I will yield to others who used Primatene Mist because they off the market, and it was given an ad- want to speak. thought it worked. And if that is so, in ditional year. Other companies were There is an environmental problem fact it does work because it gives relief also going to have to go off the market. along with this medical problem. The to people who are sick. If it is bad, They knew that, and they’re not on the environmental problem is that there is Food and Drug can take it off the mar- market now. So why should we take a deterioration of the upper ozone ket because it is unsafe. That is not one company’s drug and put it back on layer. And the United States, under the reason it is off the market; it is the the market so that it could sell off the President George H.W. Bush, nego- Montreal Protocol. products that it still has in its back- tiated an international treaty called Let us consider the fact that there log? the Montreal Protocol to get those are people out there who need this sub- In fact, as you might imagine, those products off the market that add stance. Now, I hear that it is going to companies are against this bill. They chlorofluorocarbons which cause this benefit one company, the current man- say it would overturn an established environmental damage. ufacturer. That manufacturer is not regulatory framework to directly ben- And so my friend from Texas is right: going to make 10 cents on this deal, efit just one company—Armstrong. we can’t get hair spray or deodorant and the reason is very simple: the prof- Over the years, more than a dozen that has the propellent that has been its and the benefits that are going to types of inhalers containing CFCs have taken off the market. But no one’s ar- be generated by these sales of been phased out, but these companies guing we should let them come back on Primatene Mist are going to go—guess say: Why should we do something spe- the market to sell off their products. where—to charity. That’s where cial for only one company? We’re talk- There are substitutes. My hair is in they’re going. ing about not just the health groups, place because I don’t need those prod- Who we are helping is the people who but drug companies like AstraZeneca ucts any longer. And my friend from have need of this; and if you haven’t

VerDate Mar 15 2010 06:33 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K12DE7.046 H12DEPT1 smartinez on DSK6TPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — HOUSE H6727 had a situation where you couldn’t get such as asthma and chronic obstructive pul- that have followed the rules and expect your breath, you don’t know the ter- monary disease—I am writing to you today regulatory certainty in order to benefit rors that exist there. And you don’t in opposition to H.R. 6190. another single company. IPAC’s members include AstraZeneca, know the kind of terrors that my old GlaxoSmithKline, and a number of other I urge you to vote ‘‘no’’ on H.R. 6190. dad had when I listened to him walking manufacturers. They say that they strongly Mr. BURGESS. Madam Speaker, I re- up and down at night, every night, oppose efforts within the House of Rep- serve the balance of my time. gasping to get a breath of air. There resentatives to lift the December 31, 2011, Mr. WAXMAN. Madam Speaker, may was no Primatene Mist in those days, ban on the sale of CFC-based epinephrine I inquire how much time each side has and so there was no relief for him. Primatene Mist because such drastic rever- and which side has the right to close? Now, they say, well, you can go to sal in settled law will be, one, unnecessary to The SPEAKER pro tempore (Mrs. protect the public health of asthma patients; the emergency room or somebody’s EMERSON). The gentleman from Cali- and, two, it’s contrary to the United States’ 1 going to develop relief, but there’s important and long-standing commitment to fornia has 4 ⁄2 minutes remaining. The nothing on the market that matches international treaties. gentleman from Texas has 12 minutes the price. Some of these things that They point out that this has been on- remaining, and the gentleman from they have that they are saying are going for two decades. The companies Texas has the right to close. going to be available are possibly going involved in international manufacture, Mr. WAXMAN. Madam Speaker, I to be available in a little bit—possibly national manufacturers, have known yield the balance of my time to myself. not. And they also are big, so big that about this for a long time. They say I just want to point out what the al- they’re not going to be readily avail- the only possible beneficiary of a rever- lergy and asthma networks, mothers of able to somebody who has need. They sal of the ban on Primatene Mist would asthmatics, the people who are dealing might be helpful if they can put them be its manufacturer, which stands to with this problem, they say this act on wheels so that the fellow can tow garner a financial windfall if its lim- gives unprecedented preferential and them around behind him. But the hard ited stocks are sold. Granting extraor- exclusive exceptions and financial ben- fact of the matter is that Primatene dinary, unwarranted special treatment efits to Armstrong Pharmaceuticals. Mist is going to be there when it is to a single company would send an ex- Primatene Mist is specifically not needed, and it is going to provide the tremely negative signal to manufactur- recommended for the treatment of people who want their free choice to ers that responded to the U.S. Govern- asthma in the National Institutes of have that particular medication. It will ment’s call many years ago to be a Health NHLBI asthma guidelines. They be available to them. partner in meeting our commitment. don’t see a reason this ought to come I say make it available to the people. Similar prior requests for deadline re- back on the market. And the same There’s no rascality. This is a safe sub- lief have been firmly denied by all of point of view is expressed by the others stance. If it weren’t, Food and Drug the relevant agencies. that are the professionals that treat wouldn’t have taken it off the market asthma patients. because it was either unsafe or ineffi- b 1420 The effect of this bill will be to take cacious. Now, here’s the problem: I was con- the inventory that this company has So having said those things, let us tacted by a Florida company some and allow it to go back on the market, support the bill. It’s a good bill. The months ago. Part of the early rationale from January to August of 2013, so they opposition of other manufacturers is to for this bill was there was no alter- can sell it off. It’s not going back to be expected. They simply want to cut a native. But this Florida manufacturer the market; it’s just going to allow the fat hog by making profits by selling that played by the rules called me up. inventory to be sold off. A lot of that their competitive devices. They said, We hear about this hearing inventory is expiring in terms of its ef- Mr. BURGESS. I yield myself 1 on Capitol Hill. Do you know that we ficacy; so a lot of people, we hope, will minute. are manufacturing an alternative to not get some Primatene Mist back on The dean of the House described the Primatene Mist that will be over-the- the market that’s not going to do them amount of CFC released into the at- counter and that will be affordable? any good. mosphere as a ‘‘piddling’’ amount. Ac- Nephron Pharmaceuticals has devel- And there are better alternatives. All tually, the Food and Drug Administra- oped such a product, Asthmanefrin, a the medical groups are telling us there tion has quantitated ‘‘piddling’’ for us handheld, battery-operated device that are better alternatives. in the Federal Register of November 19, will allow asthma patients to inhale a This is a special interest bill. It’s a 2008. They describe that as less than 0.1 drug similar to epinephrine in bad bill. It’s bad for public health. It percent of the total 1986 global produc- Primatene Mist. It is readily available will confuse asthma patients. It pro- tion of CFCs. For the purpose of edifi- at Walmart, CVS, Walgreens, Drug- vides special treatment to one com- cation of the body, I did want to pro- store.com, Walgreens.com, CVS.com. pany at the expense of its competitors. vide that information as to a definition It’s also accessible through McKesson It’s opposed by the people involved in of piddling. Drug, a national wholesaler; Smith health, the people who have asthma, I reserve the balance of my time. Drug, a wholesaler covering the South- the people who treat asthma, the man- Mr. WAXMAN. Madam Speaker, I’m east; and OptiSource. They are doing a ufacturers of drugs for asthma. pleased now to yield 5 minutes to the national TV campaign now. They have We don’t have to go back to a drug gentlewoman from Florida (Ms. CAS- starter kits. This is available. So that that’s been outdated already and put it TOR), an important member of the En- rationale, that early rationale that back on the market so this company ergy and Commerce Committee. there is no alternative does not exist can sell off their inventory. They say Ms. CASTOR of Florida. I thank the anymore. they’re going to give all the money to ranking member for yielding me this But here’s the important point: We charity. Well, I don’t know what kind time. can’t have the Congress granting an of tax breaks they get. I don’t see why Madam Speaker, there are a number advantage to a single company to the we should let them sell off their inven- of reasons why H.R. 6190 is poor public disadvantage of other companies that tory, especially an inventory that’s not policy, but I’d like to focus on just one, have played by the rules. This bill going to be any good beyond August of and that is the unfair advantage that would seriously undermine the invest- next year. this bill will grant to a single business ment decisions of innovative compa- This is a bill that we ought to op- to the detriment of other businesses nies like Nephron that have developed pose, and I urge all my colleagues to and manufacturers. And, in fact, the alternatives and solutions to short- vote ‘‘no’’ on this legislation. Congress has received a letter from the term asthma relief. Congress should I yield back the balance of my time. International Pharmaceutical Aerosol not pick winners and losers. Mr. BURGESS. Madam Speaker, I Consortium: Colleagues, we repeatedly heard the yield myself the balance of the time. On behalf of the International Pharma- rationale for this bill: there was no al- If advocating for America’s asth- ceutical Aerosol Consortium—an association ternative. That rationale is incorrect. matic patients is a special interest of companies that manufacture medicines It’s inaccurate. Congress should not group, guilty as charged. But, Madam for the treatment of respiratory illnesses, pull the rug out from under companies Speaker, we have heard so much stuff

VerDate Mar 15 2010 06:33 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K12DE7.047 H12DEPT1 smartinez on DSK6TPTVN1PROD with H6728 CONGRESSIONAL RECORD — HOUSE December 12, 2012 today that it’s almost difficult to re- not available to that patient. They’ll that the FDA didn’t need to ban fute every point that’s been brought have to come back at 9 in the morning Primatene Mist because the EPA had up. when the pharmacist is on duty that already done it. By what authority Look, we heard from the ranking can dispense the product to them. does the EPA regulate medicines that I member of the Energy and Commerce Now, I would also point out that prescribe for my patients? There is no Committee that the FDA had deemed there is a cost differential between such authority, unless I missed some- the active pharmaceutical ingredient Asthmanefrin and Primatene Mist. thing and we gave them authority in Primatene Mist to be dangerous. We’ve heard a lot about costs and prof- where none existed before. What is the active ingredient in its and who we’re helping and who This is about common sense. This is Primatene Mist? It’s racemic epineph- we’re not. The cost for the starter kit about doing the right thing for the rine. for Asthmanefrin is right at $50. At American people. We took away their We heard from the gentlelady from Walmart in my district it was $49.96. A toilets. We took away their lightbulbs. Florida that a product manufactured in boxful of the packets of the medicine For heaven’s sake, let’s not take away her district was a good product and was that is necessary to place into the ma- their asthma inhalers. available. What’s the active pharma- chine to dispense costs $27 for a box of I yield back the balance of my time. The SPEAKER pro tempore. The ceutical in Asthmanefrin? Racemic epi- 30. And I’m not that good at math, but question is on the motion offered by nephrine. It’s exactly the same prod- that’s about 92, 93 cents per packet, one the gentleman from Texas (Mr. BUR- uct. The difference, of course, is the packet per treatment. GESS) that the House suspend the rules propellant, and that’s the object of our How many treatments are in this? I and pass the bill, H.R. 6190. discussion here today. don’t know. I’ve never used one com- The question was taken. Now, I will tell you, as an asthmatic pletely. I always lose them before I get The SPEAKER pro tempore. In the patient, there are things that I know to the end. But it’s advertised to be be- opinion of the Chair, two-thirds being work better for me than others. I’m tween 250 and 275 treatments. in the affirmative, the ayes have it. willing to go along with a lot of stuff The cost differential, a little bit less Ms. CASTOR of Florida. Madam from the EPA, but I will just tell you, than 6 cents for this, 93 cents for this Speaker, on that I demand the yeas the replacement propellant that is per treatment episode. Not a big deal and nays. available in albuterol inhalers does not in days you’re talking about medicines The yeas and nays were ordered. work nearly as well as CFC. You don’t that might cost $250, $280 a month for The SPEAKER pro tempore. Pursu- have to believe me. Go to the Facebook maintenance therapy for asthma. ant to clause 8 of rule XX, further pro- page that has been developed by asth- Yeah, the cost is negligible, but for ceedings on this question will be post- ma sufferers who, one after the other, some people it’s not. For some people poned. will delineate why CFC worked for that represents a significant expendi- f them when HFA-containing products ture. NO-HASSLE FLYING ACT OF 2012 do not. This, I can carry in my pocket. I can Now, what about Asthmanefrin? bring it to the House floor. If some- Mr. KING of New York. Madam There is no propellant. It is delivered one’s smoking a cigar in one of the Speaker, I move to suspend the rules because of an ultrasonic nebulizer, a anterooms and I get a puff of that, I’ll and pass the bill (S. 3542) to authorize unique approach and one that, quite have this available when I get to the the Assistant Secretary of Homeland frankly, I welcome. House floor. Security (Transportation Security Ad- But let me stress, Madam Speaker, This is harder to carry in your pock- ministration) to modify screening re- although this product, Asthmanefrin, et, not impossible, but much harder to quirements for checked baggage arriv- is available without a physician’s pre- carry in your pocket. ing from preclearance airports, and for scription, it’s not generally available There is a convenience factor. Dean other purposes. The Clerk read the title of the bill. over the counter, and I know this be- of the House DINGEL mentioned that The text of the bill is as follows: cause of my own experience. Number 1, when he talked about his efforts to pre- S. 3542 I had to call several pharmacies back serve products for patients with asth- in Texas before I found a Walmart that ma. A little less user friendly to go Be it enacted by the Senate and House of carried it. After finishing some event Representatives of the United States of America through the multiple steps for in Congress assembled, late at night in Fort Worth, I stopped Asthmanefrin as opposed to squeezing SECTION 1. SHORT TITLE. by the Walmart near my home that I the Primatene Mist bottle and dis- This Act may be cited as the ‘‘No-Hassle had already talked to that I knew they pensing the medicine where it needs to Flying Act of 2012’’. had the product there. I went in, but go into a patient’s chest. SEC. 2. PRECLEARANCE AIRPORTS. the pharmacy was closed. The phar- The other over-the-counter products (a) IN GENERAL.—Section 44901(d) of title macist was gone. are absolutely not equivalent to 49, United States Code, is amended by adding Now, you can buy a vast panoply of Primatene. Primatene tablets are, in- at the end the following new paragraph: ‘‘(4) PRECLEARANCE AIRPORTS.— almost anything else over the counter deed, still available. But what are in the pharmacy, off the pharmacy ‘‘(A) IN GENERAL.—For a flight or flight Primatene tablets? They’re ephedrine. segment originating at an airport outside shelves at Walmart—in fact, you used That’s the active ingredient in some of the United States and traveling to the to be able to pick up two Primatene the diet pills that the FDA pulled off United States with respect to which checked Mist inhalers for $30 before January 1 the market a few months ago. Yeah, baggage has been screened in accordance of this year—but no Asthmanefrin was ephedrine will help you if you’re in a with an aviation security preclearance available. When I questioned why, they tight spot with your breathing, but it’s agreement between the United States and said that is something that has to be not instantaneous. It’s about 30 min- the country in which such airport is located, the Assistant Secretary (Transportation Se- dispensed by the pharmacist. In other utes away after you take the pill. words, it’s behind the counter, not over curity Administration) may, in coordination b 1430 with U.S. Customs and Border Protection, the counter. determine whether such baggage must be re- What does that mean as a functional And you want to talk about some- screened in the United States by an explo- issue? thing that makes your heart race, it’s sives detection system before such baggage If an asthmatic patient woke up at 2 not Primatene Mist, but the Primatene continues on any additional flight or flight that morning and said, Oh, my golly, I tablets will do it every time it’s tried. segment. should have never ridden that horse, I Madam Speaker, here’s the real ‘‘(B) AVIATION SECURITY PRECLEARANCE should have never petted that cat, I issue: Should we let elites at the Fed- AGREEMENT DEFINED.—In this paragraph, the guess the mountain cedar bloomed eral agency dictate to our asthma pa- term ‘aviation security preclearance agree- down by Waco because now I’ve got a tients in our districts what they can ment’ means an agreement that delineates and implements security standards and pro- snoutful and I cannot breathe, and they and can’t have? tocols that are determined by the Assistant go down to the Walmart, the Walmart’s This is one of those instances where Secretary, in coordination with U.S. Cus- open, the store’s lit up, the shelves are I say the Federal agency has gone too toms and Border Protection, to be com- full of product, but Asthmanefrin is far. Ranking Member WAXMAN said parable to those of the United States and

VerDate Mar 15 2010 06:33 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K12DE7.049 H12DEPT1 smartinez on DSK6TPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — HOUSE H6729 therefore sufficiently effective to enable pas- TSA Administrator Pistole requested brought to our attention by the Trans- sengers to deplane into sterile areas of air- the new authority provided in this bill portation Security Administration. ports in the United States. in order to go beyond our borders in es- Senators KLOBUCHAR from Minnesota ‘‘(C) REPORT.—The Assistant Secretary tablishing robust security measures and BLUNT of Missouri introduced my shall submit to the Committee on Homeland Security of the House of Representatives, and improving efficiency. I commend original language in the Senate, and the Committee on Commerce, Science, and Administrator Pistole for his leader- this is the bill we’re considering today. Transportation of the Senate, and the Com- ship and efforts to improve aviation se- Over the past decade, TSA has classi- mittee on Homeland Security and Govern- curity. fied 14 foreign airports as ‘‘precleared’’ mental Affairs of the Senate an annual re- In addition to streamlining security, for security purposes. These airports port on the re-screening of baggage under this bill will incentivize our foreign are routinely checked by TSA to en- this paragraph. Each such report shall in- partners to improve the technology sure their screening procedures for clude the following for the year covered by that they use to screen checked bag- both people and bags meet the high the report: gage, which ultimately should increase standards of the United States, and, as ‘‘(i) A list of airports outside the United the level of security of inbound flights States from which a flight or flight segment such, passengers originating from these traveled to the United States for which the to the United States. The legislation airports and returning to the United Assistant Secretary determined, in accord- will reduce the number of missed con- States are not required to go through ance with the authority under subparagraph nections and other hassles with redun- physical security checks again. Unfor- (A), that checked baggage was not required dant baggage screening that can be- tunately, their bags are not excluded to be re-screened in the United States by an come barriers to international travel and must be rescanned and rechecked. explosive detection system before such bag- and tourism. It’s a win-win for pas- If you’ve ever had to do this during a gage continued on an additional flight or sengers, the airline industry, and TSA layover at Chicago O’Hare; Newark, flight segment. by shortening the time necessary for ‘‘(ii) The amount of Federal savings gen- New Jersey; or even Miami Inter- transit and transfer. national, you know it’s not an easy erated from the exercise of such authority.’’. I urge the adoption of this bipartisan (b) CONFORMING AMENDMENTS.—Section task, especially in the middle of the 44901 of title 49, United States Code, is and commonsense bill, and I reserve night. amended by striking ‘‘explosive’’ each place the balance of my time. The bill before us allows TSA to Mr. THOMPSON of Mississippi. it appears and inserting ‘‘explosives’’. waive the baggage screening require- Madam Speaker, I yield myself such The SPEAKER pro tempore. Pursu- ments as well. Giving TSA this kind of time as I may consume. ant to the rule, the gentleman from flexibility will allow them to free up New York (Mr. KING) and the gen- Madam Speaker, I rise in strong support of S. 3542, the No-Hassle Flying time and resources to focus on higher- tleman from Mississippi (Mr. THOMP- risk baggage and passengers and will SON) each will control 20 minutes. Act of 2012. I support this legislation because it represents a commonsense also make traveling easier for those The Chair recognizes the gentleman coming in and out of the United States. from New York. proposal to make air travel more convenient and has the potential to en- I want to thank my colleagues on the GENERAL LEAVE Homeland Security Committee—espe- Mr. KING of New York. Madam hance efficiencies. Currently, all baggage arriving at cially Chairman KING—and their staffs Speaker, I ask unanimous consent that for the work they put into this bill, all Members have 5 legislative days in U.S. airports must be rescreened prior along with Senators KLOBUCHAR and which to revise and extend their re- to being loaded on a connecting flight. BLUNT, and, of course, TSA for bringing marks and include any extraneous ma- This is true even for travelers arriving from designated preclearance airports this bill to our attention. terial on the bill under consideration. I urge all Members to vote in favor of The SPEAKER pro tempore. Is there where the passengers themselves do this commonsense bipartisan bill. objection to the request of the gen- not need to be screened again because tleman from New York? DHS has verified that screening at b 1440 those airports is at least as effective as There was no objection. Mr. THOMPSON of Mississippi. our own. This dynamic places an un- Mr. KING of New York. Madam Madam Speaker, I yield such time as necessary burden on TSA screeners, Speaker, I yield myself such time as I she may consume to the ranking mem- the airlines, and the flying public who, may consume. ber of the Subcommittee on Transpor- I rise in support of S. 3542, the No- on occasion, arrive at their final des- tation Security of the Committee on Hassle Flying Act of 2012. tination only to find that their bag- Homeland Security, the gentlewoman At the outset, let me commend the gage has not. gentleman from Illinois, Congressman As I stated when we considered the from Texas (Ms. JACKSON LEE). Ms. JACKSON LEE of Texas. Let me WALSH, for introducing the House com- House companion to S. 3542 in Sep- panion to this important measure. H.R. tember, where we can eliminate dupli- thank the ranking member of the com- 6028 passed the House in September by cative screening without compromising mittee. It’s always good to be able to voice vote. security, I will lend my support. thank him, Madam Speaker, for his Madam Speaker, this bill gives TSA I commend Senator KLOBUCHAR for leadership and service. I think we are the discretion to determine if checked her work on this legislation and thank safer because Members of Congress like luggage arriving from a foreign airport her for including important provisions Congressman THOMPSON, the ranking with an aviation security preclearance I requested that require TSA to coordi- member, and our chairman, Congress- agreement must be rescreened before it nate with U.S. Customs and Border man KING, have, on a number of occa- continues on to a connecting flight in- Protection when determining what sions, come together around the idea of side the U.S. The bill explicitly defines baggage must be rescreened in the America’s security. I want to express such an agreement as one that delin- United States. my appreciation for having been able eates and implements security stand- Accordingly, I support this legisla- to serve on the committee for a num- ards and protocols that are determined tion that the Obama administration ber of years. by TSA, in coordination with CBP, to proposed, and I reserve the balance of It gives me also a moment to say to be comparable to those of the U.S. and my time. the Speaker, or to acknowledge Con- therefore sufficiently effective to en- Mr. KING of New York. Madam gresswoman EMERSON, for her service able passengers to deplane into sterile Speaker, I yield such time as he may as well and to thank you so very much areas of airports in the United States. consume to the gentleman from Illi- for being a person who loves America. This bill does not diminish aviation nois (Mr. WALSH). Let me take this op- I think that should be our litmus test security but, rather, streamlines the portunity to commend him for the out- when we rise on this floor for those of security process and allows TSA to ex- standing job he’s done during his time us who love this country. pend resources on baggage that has not of service on the committee. As the ranking member, and having already been screened to U.S. security Mr. WALSH of Illinois. I thank served as the chairwoman of this com- standards. It also supports TSA’s ongo- Chairman KING. mittee in previous terms, I know how ing efforts to implement risk-based, in- Earlier this year, I introduced the important it is to provide safety in the telligence-driven security initiatives. No-Hassle Flying Act, legislation transportation modes for the United

VerDate Mar 15 2010 06:33 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\A12DE7.009 H12DEPT1 smartinez on DSK6TPTVN1PROD with H6730 CONGRESSIONAL RECORD — HOUSE December 12, 2012 States of America. This bill, the No- Congress that drew bipartisan support. who are here to do good, and I want Hassle Flying Act of 2012—and I thank And of course Mr. KING has worked them not to miss their connecting the sponsor both in the House and the with us on this legislation. flight—and it might be one of us. But Senate—provides a measure of recogni- So this particular No Fly for me has our main focus is to secure the home- tion and acceptance of foreign coun- merit to it. But as I rise to support the land. tries that are making efforts to have thought behind the legislation passed So to my colleagues, to the chairman consistent security procedures and by the Senate, I also remind our col- and ranking member, I join you in sup- technology to have an easier travel leagues that air travel is still dan- porting this legislation, but I ask that process for passengers who are gerous. Whether it is the shoe bomber, the Department of Homeland Security, deplaning in the United States but whether it is the Christmas day bomb- the Assistant Secretary of Homeland going on to another domestic destina- er, whether it is thwarted incidences Security, who is to give this discretion tion. So I want to acknowledge the that we will never hear about, whether to waiving rescreening pursuant to a Senator from Minnesota, Ms. KLO- it is the constant reporting of intel- preclearance agreement between the BUCHAR, who had this legislation passed ligence and classified information that United States and a foreign nation, in the Senate, and our House sponsor suggests how vulnerable our airlines that seeks to ensure this process as well. and airports are, whether it is an acci- works, be very keen and careful of re- What the basis of this legislation is, dental or incidental intrusion on the viewing the process, having the re- by relieving the need to rescreen every tarmac or the perimeters of the air- sources to ensure that the technology port, whether it is the accidental entry piece of baggage arriving in the United is superior and that we are constantly of a public person, either visitor or States from countries where we have reviewing how this is working. traveling public, that goes into an un- strong bonds and screening agreements I’m sure that we will see many smiles authorized area that causes airports to in place, efficiencies will be realized of our traveling public. They will wel- be shut down—incidences that occurred and our screeners can focus more at- come that convenience. In the course in Newark and other places—we have tention on those items we know least of the convenience, I also argue for se- to realize that we have to be particu- about. And the term ‘‘screeners,’’ let curity. I know that that will be the larly sensitive to this question of se- me correct that and say the Transpor- case. curing the traveling public, and par- tation Security Administration per- I will ask my colleagues to support ticularly Americans. That is why, in sonnel. That is probably the most ma- this legislation, and as well, we con- the wisdom of the Congress and others, ligned group of American public serv- tinue to secure the homeland. we created the Transportation Secu- ants, those who work in the cause of Mr. KING of New York. Madam rity Administration that had a man- the United States and the safety and Speaker, I have no further speakers. If dated and Federalized workforce of se- security of the United States. But at the gentleman from Mississippi also their best, when they are trained, as I curity screeners to inspect airline passengers and their baggage. It gave has none, I’m prepared to close once have worked so hard to insist on, to in- them broad authority to assess the vul- the gentleman does. crease their professional development nerabilities in aviation security and b 1450 training—and we have made great take steps to mitigate these risks. I’m strides with Administrator Pistole and Mr. THOMPSON of Mississippi. glad that they exist. previous administrators, so much so Madam Speaker, I have no more speak- So I have an acute understanding of ers, and I am prepared to close. that as I travel through airports I can TSA’s role in aviation security, and I see the sense of pride and respect that There are areas where TSA needs to also appreciate congressional over- improve its performance. On that we this group of Americans have for their sight. But I further appreciate that, job. So when we speak of screening, can all agree. Just last week, GAO re- even with that broad discretion, we leased a report detailing TSA’s failure we’re talking about serious work that have to be keenly aware that in the to properly oversee privatized screen- has to be done to ensure the safety and best of all circumstances some loop- ers and revealing that some airports security of America. hole, some misstep can occur. We want to be able to work with our I represent one of the largest sys- with their privatized screeners do not allies. This is not an immigration re- tems, George Bush Intercontinental perform as well as their federalized form initiative, but it is similar to the Airport, the William Hobby system. As counterparts. visa waiver programs, where we have a I would want for that airport system, I I look forward to addressing those list of countries that we feel confident would want a system of security for ev- issues with my colleagues on the Com- that their procedures are not only eryone. So this idea of allowing unfet- mittee on Homeland Security in the equal to ours, but their policies, their tered transfer of your bags coming 113th Congress. alliance with us goes decades, and we from a nation that has been an ally, Today, we have an opportunity to believe that their citizens can come but that has put into place procedures support legislation supported by indus- into the United States. that we can document that are in fact try, the Obama administration, and This particular legislation tries to adequate, accurate, and superior, I’m TSA that has the potential to enhance get the personnel of the TSA to focus going to raise it to that level, because the efficiency and cost effectiveness of on race-based screening that many of adequacy is not a basis for fighting the screening baggage. my fellow members on the committee dangers of terrorism. With that, Madam Speaker, I urge have been calling for, and of course I only raise a flag of caution—and my colleagues to support S. 3542 so it that the administrator has listened to. maybe a red flag—that it is important can be sent to the President for his sig- This legislation represents the kind of that the Department of Homeland Se- nature and yield back the balance of commonsense security measure this curity study this carefully. Make sure my time. Congress must focus on to make both that they look at the technology and Mr. KING of New York. Madam the Department of Homeland Security look at the process that in essence will Speaker, I urge the adoption of this bi- and its components work more. be put in place. Because, again, all partisan, commonsense bill, and I yield It is, of course, my hope that we can good things are meant for good, but we back the balance of my time. look forward to more work being done know what can happen if in some way Ms. JACKSON LEE of Texas. Madam with transportation security, that we we are in error. I don’t want this to be Speaker, I rise in strong support of S. 3542, can look to providing, as I introduced a basis for error, I want this to be a the ‘‘No-Hassle Flying Act of 2012.’’ This legis- legislation dealing with air marshals, basis for good. I want this to be the in- lation, proposed by the Obama Administration both their funding and increased utili- tention of the bill, which is to amelio- and introduced by the Senator from Min- zation on some of our flights coming rate some of those delays associated nesota, Ms. KLOBUCHAR, was passed by the into the United States; that we will with the rescreening of bags trans- Senate with unanimous support and should re- have the opportunity to do a transpor- ported on commercial flights from ceive the support of the House today. tation authorization bill again like the international locations. By relieving the need to re-screen every one I joined with Chairman THOMPSON I want those traveling to the United piece of baggage arriving in the United States on and we reauthorized in the 111th States to be welcomed with a smile from countries where we have strong bonds

VerDate Mar 15 2010 06:33 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00028 Fmt 4634 Sfmt 9920 E:\CR\FM\K12DE7.054 H12DEPT1 smartinez on DSK6TPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — HOUSE H6731 and screening agreements in place, effi- While we should balance the need for thor- Department of Homeland Security Financial ciencies will be realized and our screeners ough screening with the ideals of speed and Accountability Act (Public Law 108–330; 118 can focus more attention on those items we convenience, we must continue to ensure that Stat. 1275) and the amendments made by that Act, the Secretary shall take the nec- know least about. we are doing whatever is necessary to protect That is the kind of risk based screening that essary steps to ensure that the full set of passengers on commercial flights from the consolidated financial statements of the De- I and my fellow members of the Committee on dangers of terrorism. We know that many partment for the fiscal year ending Sep- Homeland Security have been calling for. Americans and others traveling to our country tember 30, 2013, and each fiscal year there- Thankfully, under Administrator Pistole’s lead- are often frustrated by the time it may take to after, are ready in a timely manner and in ership, are calls are being heeded. have themselves and their baggage processed preparation for an audit as part of preparing This legislation represents the kind of com- through airports. the performance and accountability reports mon sense security measure this Congress This bill intends to ameliorate some of these required under section 3516(f) of title 31, must focus on to make both the Department of delays associated with the rescreening of bag- United States Code, (including submitting Homeland Security and its components work the reports not later than November 15, 2013, gage transported on commercial flights origi- and each year thereafter) in order to obtain more efficiently and effectively. nating from international locations. It is my hope that in the next Congress we an unqualified opinion on the full set of fi- This would be achieved by giving the Assist- nancial statements for the fiscal year. will see more proposals on the House floor re- ant Secretary of Homeland Security the dis- (c) REPORT TO CONGRESS ON PROGRESS OF garding the Transportation Security Adminis- cretion to waive rescreening pursuant to a MEETING AUDIT REQUIREMENTS.—In order to tration that can garner bipartisan support. preclearance agreement between the United ensure progress in implementing the Depart- During the 111th Congress, during my ten- States and a foreign nation that seeks to en- ment of Homeland Security Financial Ac- ure as Chair of the Committee on Homeland countability Act (Public Law 108–330; 118 sure that adequate screening procedures were Security’s Subcommittee on Transportation Stat. 1275), and the amendments made by undertaken at the point of origin. Security, the House considered and passed that Act, during the period beginning on the The idea is that baggage that has already the TSA Authorization bill that I authored with date of enactment of this Act and ending on been adequately screened by one airport does overwhelming bipartisan support. the date on which an unqualified opinion de- Unfortunately, no such legislation was pro- not need to be screened again once it arrives scribed in subsection (b) is submitted, each report submitted by the Chief Financial Offi- duced for consideration by the House this at one of our airports. As Members of Congress, we should con- cer of the Department under section 902(a)(6) Congress. of title 31, United States Code, shall include I look forward to working with my colleagues tinue to look for areas in our airport security procedures that we can modify in order to a plan— on the Committee in the next Congress to en- (1) to obtain an unqualified opinion on the sure we get back to the work of authorizing make travel more convenient for passengers full set of financial statements, which shall the critical programs of the TSA. that do not compromise their safety. discuss plans and resources needed to meet Our airports are a critical point of entry to The SPEAKER pro tempore. The the deadlines under subsection (b); our nation, and our airplanes remain vulner- question is on the motion offered by (2) that addresses how the Department will able to terrorist plots as a result of their inher- the gentleman from New York (Mr. eliminate material weaknesses and signifi- ent potential to cause massive destruction and KING) that the House suspend the rules cant deficiencies in internal controls over financial reporting and provides deadlines for human casualties. and pass the bill, S. 3542. The question was taken; and (two- the elimination of such weaknesses and defi- In the aftermath of the September 11, 2001 ciencies; and attacks, which exposed significant thirds being in the affirmative) the (3) to modernize the financial management vulnerabilities in our airport security, the 107th rules were suspended and the bill was systems of the Department, including Congress moved quickly to pass the Aviation passed. timelines, goals, alternatives, and costs of and Transportation Security Act. A motion to reconsider was laid on the plan, which shall include consideration The Transportation Security Act created the the table. of alternative approaches, including modern- Transportation Security Administration (TSA) f izing the existing financial management sys- and mandated a federalized workforce of se- tems and associated financial controls of the DHS AUDIT REQUIREMENT Department and establishing new financial curity screeners to inspect airline passengers TARGET ACT OF 2012 management systems and associated finan- and their baggage. The act gave TSA broad cial controls. authority to assess vulnerabilities in aviation Mr. KING of New York. Madam The SPEAKER pro tempore. Pursu- security and take steps to mitigate these risks. Speaker, I move to suspend the rules ant to the rule, the gentleman from As Ranking Member of the Subcommittee and pass the bill (S. 1998) to obtain an New York (Mr. KING) and the gen- on Transportation on the Committee on Home- unqualified audit opinion, and improve tleman from Mississippi (Mr. THOMP- land Security, I have an acute understanding financial accountability and manage- SON) each will control 20 minutes. of TSA’s role in aviation security, which has ment at the Department of Homeland The Chair recognizes the gentleman been the subject of considerable congres- Security. from New York. sional oversight. The Clerk read the title of the bill. Moreover, this issue is one that impacts my The text of the bill is as follows: GENERAL LEAVE constituents immensely, as my district is home S. 1998 Mr. KING of New York. Madam to the Houston Airport System, which is one of Be it enacted by the Senate and House of Speaker, I ask unanimous consent that North America’s largest public airport systems Representatives of the United States of America all Members have 5 legislative days and includes George Bush Intercontinental Air- in Congress assembled, within which to revise and extend their port, William P. Hobby Airport, and Ellington SECTION 1. SHORT TITLE. remarks and include any extraneous Airport. This Act may be cited as the ‘‘DHS Audit material on the bill under consider- In 2010, the Houston Airport System served Requirement Target Act of 2012’’ or the ation. more than 49.5 million passengers, including ‘‘DART Act’’. The SPEAKER pro tempore. Is there more than 8.5 million international travelers. SEC. 2. IMPROVING FINANCIAL ACCOUNTABILITY objection to the request of the gen- The American people expect Members of AND MANAGEMENT. tleman from New York? Congress to ensure that when they board a (a) DEFINITIONS.—In this section— There was no objection. (1) the term ‘‘Department’’ means the De- Mr. KING of New York. Madam plane for business or pleasure, all passengers partment of Homeland Security; and their accompanying baggage have been (2) the term ‘‘financial management sys- Speaker, I yield myself as much time thoroughly screened so as to prevent terrorists tems’’ has the meaning given that term as I may consume. and their tools of destruction from posing a under section 806 of the Federal Financial Madam Speaker, I rise in support of danger to passengers. Management Improvement Act of 1996 (31 S. 1998, the DART Act, introduced by This issue is something that we understand U.S.C. 3512 note); Senator SCOTT BROWN of Massachu- as Members of Congress; many of us, includ- (3) the term ‘‘Secretary’’ means the Sec- setts. This important legislation will ing myself, fly on commercial airlines when we retary of Homeland Security; and improve financial accountability and travel to and from our respective districts. Like (4) the term ‘‘unqualified opinion’’ mean an management at the Department of unqualified opinion within the meaning the rest of the public, we expect that when we given that term under generally accepted au- Homeland Security. board a flight, it is secure and that we will diting standards. Since the Department opened its safely arrive at our destinations within a rea- (b) REACHING AN UNQUALIFIED AUDIT OPIN- doors on March 1, 2003, financial man- sonable amount of time. ION.—In order to ensure compliance with the agement of all 22 merged agencies has

VerDate Mar 15 2010 06:33 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\A12DE7.021 H12DEPT1 smartinez on DSK6TPTVN1PROD with H6732 CONGRESSIONAL RECORD — HOUSE December 12, 2012 been one of the most significant chal- I respectfully request that you include our the plan to obtain an unqualified opin- lenges. Fiscal year 2012, over 9 years exchange of letters on this matter in the ion annually until an unqualified opin- since DHS was created, was the first Congressional Record during consideration ion is submitted, and submit to Con- time the Department was able to com- of this bill on the House floor. Thank you for gress and the Comptroller General a re- your attention to these matters. plete a financial audit and receive a Sincerely, port on DHS’ plans and resources need- qualified opinion on all five financial DARRELL ISSA, ed to modernize DHS’ financial system. statements covering the entire Depart- Chairman. Let me be clear that we know that it ment. takes resources to secure the home- Unfortunately, DHS has been unable HOUSE OF REPRESENTATIVES, land, but this is a Department that has to get an unqualified, or clean, opinion COMMITTEE ON HOMELAND SECURITY, $40 billion in the annual budget and stating that there are no material Washington, DC, December 7, 2012. 200,000 employees. DHS is the Nation’s weaknesses in its financial systems. Hon. DARRELL ISSA, third-largest Federal Department. It Chairman, Committee on Oversight and Govern- Until such time as there is confidence ment Reform, House of Representatives, demands a clean audit. in the DHS financial structure, ques- Washington, DC. I would also indicate that one of the tions will remain on how DHS accounts DEAR CHAIRMAN ISSA: Thank you for your issues that we have continued to work for taxpayer money. This important letter regarding S. 1998, the ‘‘DHS Audit Re- on in the committee is to ensure the legislation is needed because it will requirement Target Act of 2012.’’ I appreciate access of small, minority, and women- quire the Department to create a plan your willingness to support expediting floor owned businesses to the vast con- to meet the audit requirements to consideration of this legislation. tracting needs that DHS is engaged in. I agree that while you are waiving formal In particular, when there are natural reach an unqualified opinion. consideration of this bill, the Committee on Specifically, the bill requires the Oversight and Government Reform is in no disasters, we are often seeing where Secretary to take all necessary steps way diminishing its jurisdiction over the those who live in the area who would to ensure that all financial statements subject matter contained in this measure or benefit from being able to be the con- of the Department are consolidated and any other similar legislation and will not be tractors or to be able to work on the ready in a timely manner in prepara- considered as precedent for consideration of restoration and remove the debris can- tion for an audit. matters of jurisdictional interest to your not access DHS in a fair way to be able Second, the DHS CFO is to report to Committee in the future. to secure a contract to put people to Congress on its efforts to reach an un- I will include our letter on S. 1998 in the Congressional Record during House floor work. qualified opinion. This legislation re- consideration of the bill. I appreciate your So even as we are talking about au- quires this reporting requirement until cooperation regarding this legislation. dits, I’m talking about management such time as the Department is able to Sincerely, processes, as well. And I would hope reach an unqualified opinion. PETER T. KING, that this legislation, as it begins to Also, DHS is to report to Congress on Chairman. look at audits and making sure that we its progress, including resources need- Mr. THOMPSON of Mississippi. have an unqualified audit, will also ed, plans to eliminate material weak- Madam Speaker, I rise in support of S. look at process as we go forward in the nesses, deadlines for addressing defi- 1998, the DHS Audit Requirement Tar- 113th Congress, because as we secure ciencies, and efforts to modernize DHS’ get Act of 2012 and yield myself such the homeland, we want to make sure financial management systems. time as I may consume. that we have a Department of Home- It is essential that DHS obtain con- Madam Speaker, since it was estab- land Security that has had very fine trol over its financial systems and ad- lished nearly a decade ago, the Depart- leadership in Secretary Napolitano to dress the identified weaknesses. This ment of Homeland Security has been be able to assure that the infrastruc- legislation sets the Department on the unable to obtain a ‘‘clean’’ or unquali- ture that runs this agency is parallel right path to obtain an unqualified fied audit of its financial statements. to the infrastructure that is securing opinion. This is simply unacceptable. America. I think that will be a perfect I would also like to thank Chairman When I was chairman last Congress, system. ISSA and the Committee on Oversight the Committee on Homeland Security So I do support this legislation, and I and Government Reform for working conducted significant oversight of the hope the comments about small, mi- with the Committee on Homeland Se- deficiencies that have plagued the De- nority, and women-owned businesses curity in getting this important legis- partment’s financial management ef- are taken to heart and that we will lation to the floor. forts since its creation. find a way to ensure that our re- I urge my colleagues to support S. While we understand that DHS has sources, tax dollars, are utilized by the 1998 and reserve the balance of my taken many of the steps necessary to American people in the right and ap- time. obtain a clean audit, more remains to propriate way. HOUSE OF REPRESENTATIVES, COM- be done. S. 1998 would direct DHS to Mr. KING of New York. Madam MITTEE ON OVERSIGHT AND GOV- take the necessary steps to obtain a Speaker, I have no further speakers. If ERNMENT REFORM, clean audit by the end of fiscal year the gentleman from Mississippi has no Washington, DC, December 7, 2012. 2013. It also requires DHS to report to further speakers, I am prepared to Hon. PETER T. KING, Chairman, Committee on Homeland Security, Congress on its plans to strengthen its close. House of Representatives, Washington, DC. financial controls and modernize its fi- Mr. THOMPSON of Mississippi. DEAR MR. CHAIRMAN: On November 28, 2012, nancial management systems. Madam Speaker, I have no more speak- the Senate passed S. 1998, the ‘‘Department Madam Speaker, S. 1998 helps put ers, and I am prepared to close. of Homeland Security Improved Financial DHS on a path toward sound financial In summary, S. 1998 is another step Accountability Act of 2011.’’ Thank you for management, and for that reason, I in Congress’ effort to put DHS on a consulting with the Committee on Oversight plan to support the bill today. sound financial path. and Government Reform with regard to S. With that, Madam Speaker, I reserve Speaking of a path, Madam Speaker, 1998 on those matters within the committee’s jurisdiction. I am writing to confirm the balance of my time. this is probably the chair’s last official our mutual understanding with respect to Mr. KING of New York. I continue to act on the floor, and I want to just say the consideration of S. 1998. reserve the balance of my time. to him today that I have enjoyed his In the interest of expediting the House’s Mr. THOMPSON of Mississippi. chairmanship on the committee, and consideration of S. 1998, I will forego consid- Madam Speaker, I yield 2 minutes to I’m certain whatever the future holds eration of the bill. However, I do so only the gentlelady from Texas (Ms. JACK- in Congress, he will be a worthy partic- with the understanding that this procedural SON LEE). ipant in the process. route will not be construed to prejudice the Ms. JACKSON LEE of Texas. I thank I would like to personally say that I Committee on Oversight and Government the gentleman, and I rise to support S. Reform’s jurisdictional interest and preroga- have enjoyed working with him. tives on this bill or any other similar legisla- 1998 and commend the basis of this leg- Ms. JACKSON LEE of Texas. Will the tion and will not be considered as precedent islation, which will look for a clean gentleman yield? for consideration of matters of jurisdictional audit report and in particular as it re- Mr. THOMPSON of Mississippi. I interest to my Committee in the future. lates to Congress submit a report on yield to the gentlelady from Texas.

VerDate Mar 15 2010 06:33 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K12DE7.058 H12DEPT1 smartinez on DSK6TPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — HOUSE H6733 Ms. JACKSON LEE of Texas. I thank As a Member of the Committee on Home- controls and by modernizing its financial man- the gentleman. land Security and Ranking Member of its Sub- agement systems. Mr. Ranking Member, I knew that committee on Transportation, tasked with While DHS has previously stated that it can Mr. KING would have other opportuni- oversight of the Department, I am a strong obtain an unqualified opinion on all of its finan- ties to be on the floor. We are going to supporter of the work that the Department cial statements by the end of fiscal year 2013, be here through Christmas, but if that does on behalf of the American people. the Government Accountability Office (GAO) is not the case, then he has kind of a It is important that the public understand the has noted that ‘‘there is no clear plan for how smile of Santa Claus, but I just want to vital work that the Department has done and auditability will be achieved’’ by the end of say to Chairman KING, as well, just to continues to do to assess and counter threats 2013. thank you for your service. There is no and to maintain the security of our homeland. As we evaluate the progress of the Depart- doubt of your commitment to Amer- S. 1998 directs the Secretary of Homeland ment, I want to ensure that the Department ica’s security, and I have enjoyed hav- Security, in order to comply with the Depart- has sufficient funding and its finances are ing the opportunity to work with you ment of Homeland Security Financial Account- managed and structured properly such that on the committee. ability Act, to ensure that the balance sheet of our nation is safe and secure from all threats. b 1500 the Department of Homeland Security (DHS) The SPEAKER pro tempore. The Mr. THOMPSON of Mississippi. and associated statement of custodial activity question is on the motion offered by Madam Speaker, reclaiming my time, I for FY2012 and FY2013, and the full set of the gentleman from New York (Mr. urge my colleagues to support the bill consolidated financial statements of DHS for KING) that the House suspend the rules and yield back the balance of my time. FY2014 through FY2016, are ready in a timely and pass the bill, S. 1998. Mr. KING of New York. Madam manner and in preparation for an audit as part The question was taken; and (two- Speaker, I yield myself such time as I of preparing required performance and ac- thirds being in the affirmative) the may consume. countability reports. rules were suspended and the bill was I would like to thank Senator BROWN Furthermore, S. 1998 directs the Chief Fi- passed. for introducing this legislation to ad- nancial Officer of DHS to: A motion to reconsider was laid on dress the ongoing DHS financial man- (1) Submit a report on the plans to obtain the table. agement challenges. Also, let me thank an unqualified opinion annually until an un- f the ranking member, Mr. THOMPSON, qualified opinion is submitted, and and the ranking member of the sub- (2) Submit to Congress and the Comptroller FRANK BUCKLES WORLD WAR I committee, Ms. JACKSON LEE, for their General a report on DHS’s plans and re- MEMORIAL ACT kind words. This probably will be my sources needed to modernize DHS’s financial Mr. CHAFFETZ. Madam Speaker, I last appearance on the floor as chair- systems. move to suspend the rules and pass the man of the committee. The Department of Homeland Security bill (H.R. 6364) to establish a commis- I want to thank the ranking member. (DHS) was created in 2003, with the vital mission to ensure a suitable observance of It has now been over 7 years we have sion of ensuring that, in the wake of the Sep- the centennial of World War I, to des- worked together as chairman and rank- tember 11th, 2001 attacks, the American ignate memorials to the service of ing member. I enjoyed working with homeland is safe, secure, and protected members of the United States Armed you. I enjoyed it a lot more when I was against terrorists who would do us harm. Forces in World War I, including a Na- chairman, and I’m sure you enjoyed it Our domestic security is our nation’s top pri- tional World War I Memorial on the a lot more when you were chairman. ority; a mission that includes terrorism preven- National Mall in the District of Colum- But no matter what our capacities tion and security enhancements, border man- bia, and for other purposes, as amend- were, I always found it a privilege to be agement and security, immigration administra- ed. able to work with you. When we could tion and enforcement, cyberspace security, The Clerk read the title of the bill. cooperate, we did. When we had honest and disaster response. The text of the bill is as follows: differences, I think we expressed them With a $40 billion annual budget and more H.R. 6364 in a very gentlemanly way. I certainly than 200,000 employees, DHS is the nation’s know that you did, and I want to thank Be it enacted by the Senate and House of Rep- 3rd largest federal department. resentatives of the United States of America in you for that. Consequently, this Congress must pay close Congress assembled, I want to also thank the committee attention and give careful consideration to the staff, especially Mike Russell, Mandy SECTION 1. SHORT TITLE; TABLE OF CONTENTS. activities of the Department of Homeland Se- (a) SHORT TITLE.—This Act may be cited as Bowers, and Kerry Ann Watkins, for curity as we assist it in becoming a more the ‘‘Frank Buckles World War I Memorial the tremendous job they did, and all sound, lower-risk, more efficient, and more ef- Act’’. the members of the staff of both the fective department. (b) TABLE OF CONTENTS.—The table of con- majority and the minority. And, Given the relatively new nature of the De- tents for this Act is as follows: Madam Speaker, I would like to thank partment, along with the fact that it originated Sec. 1. Short title; table of contents. you for your years of service in the as an amalgamation of 22 federal agencies, it Sec. 2. Findings. House here as well. Sec. 3. Definitions. Again, it’s been a great privilege is no surprise that the Government Account- Sec. 4. Establishment of World War I Cen- being chairman. I believe we achieved a ability Office (GAO) has consistently des- tennial Commission. lot. I think most importantly what the ignated—as recently as December 2011—the Sec. 5. Duties of Centennial Commission. ranking member has tried to do and implementation and transformation of the De- Sec. 6. Powers of Centennial Commission. what I’ve tried to do is establish the partment as high-risk with respect to waste, Sec. 7. Centennial Commission personnel fraud, abuse mismanagement, or needing re- matters. significance of this committee and to Sec. 8. Termination of Centennial Commis- prove that on major issues affecting form. Unfortunately, since its inception, the De- sion. the country, that both parties can Sec. 9. Designation of National World War I work together in a bipartisan way. And partment has been unable to obtain what is Museum and Memorial in Kan- I thank the gentleman for his coopera- known as a ‘‘clean’’ or ‘‘unqualified’’ audit of sas City, Missouri. tion on that. its financial statements (i.e. a finding by an ob- Sec. 10. Establishment of National World Going back to business, I urge sup- jective reviewer that the Department’s finances War I Memorial in the District port of the bill, and I yield back the are in conformity with generally accepted ac- of Columbia. balance of my time. counting standards). The DART Act seeks to Sec. 11. Prohibition on obligation of Federal Ms. JACKSON LEE of Texas. Madam address this issue by directing the Department funds. Speaker, I rise today in support of S. 1998, to take the steps necessary to obtain a clean SEC. 2. FINDINGS. the ‘‘DART Act,’’ the purpose of which is to audit by the end of fiscal year 2013. Congress makes the following findings: In order for Congress to be able to effec- (1) From 2014 through 2018, the United obtain an unqualified audit opinion, and im- States and nations around the world will prove financial accountability and manage- tively monitor and oversee DHS’s efforts in mark the centennial of World War I, includ- ment at the Department of Homeland Security. this area, S. 1998 also requires DHS to pro- ing the entry of the United States into the The DART Act will permit Congress to effec- vide Congress with specific details on its plans war in April 1917. tively perform its oversight duties with respect to achieve a clean audit, through eliminating (2) America’s support of Great Britain, to the Department of Homeland Security. material weaknesses in its internal financial France, Belgium, and its other allies in

VerDate Mar 15 2010 06:33 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K12DE7.059 H12DEPT1 smartinez on DSK6TPTVN1PROD with H6734 CONGRESSIONAL RECORD — HOUSE December 12, 2012 World War I marked the first time in United any organization recognized by the Sec- (3) To facilitate and coordinate activities States history that American soldiers went retary of Veterans Affairs for the representa- throughout the United States relating to the abroad in defense of liberty against foreign tion of veterans under section 5902 of title 38, centennial of World War I. aggression, and it marked the true beginning United States Code. (4) To serve as a clearinghouse for the col- of the ‘‘American century’’. SEC. 4. ESTABLISHMENT OF WORLD WAR I CEN- lection and dissemination of information (3) Although World War I was at the time TENNIAL COMMISSION. about events and plans for the centennial of called ‘‘the war to end all wars’’, in fact the (a) ESTABLISHMENT.—There is established a World War I. United States would commit its troops to commission to be known as the ‘‘World War (5) To develop recommendations for Con- the defense of foreign lands 3 more times in I Centennial Commission’’. gress and the President for commemorating the 20th century. (b) MEMBERSHIP.— the centennial of World War I. (4) More than 4,000,000 men and women (1) COMPOSITION.—The Centennial Commis- (b) REPORTS.— from the United States served in uniform sion shall be composed of 12 members as fol- (1) PERIODIC REPORT.—Not later than the during World War I, among them 2 future lows: last day of the 6-month period beginning on presidents, Harry S. Truman and Dwight D. (A) Two members who shall be appointed the date of the enactment of this Act, and Eisenhower. Two million individuals from by the Speaker of the House of Representa- not later than the last day of each 3-month the United States served overseas during tives. period thereafter, the Centennial Commis- World War I, including 200,000 naval per- (B) One member who shall be appointed by sion shall submit to Congress and the Presi- sonnel who served on the seas. The United the minority leader of the House of Rep- dent a report on the activities and plans of States suffered 375,000 casualties during resentatives. the Centennial Commission. World War I, including 116,516 deaths. (C) Two members who shall be appointed (2) RECOMMENDATIONS.—Not later than 2 (5) The events of 1914 through 1918 shaped by the majority leader of the Senate. years after the date of the enactment of this the world, the United States, and the lives of (D) One member who shall be appointed by Act, the Centennial Commission shall sub- millions of people. the minority leader of the Senate. mit to Congress and the President a report (6) The centennial of World War I offers an (E) Three members who shall be appointed containing specific recommendations for opportunity for people in the United States by the President from among persons who commemorating the centennial of World War to learn about and commemorate the sac- are broadly representative of the people of I and coordinating related activities. rifices of their predecessors. the United States (including members of the SEC. 6. POWERS OF CENTENNIAL COMMISSION. (7) Commemorative programs, activities, Armed Forces, veterans, and representatives (a) HEARINGS.—The Centennial Commission and sites allow people in the United States of veterans service organizations). may hold such hearings, sit and act at such to learn about the history of World War I, (F) One member who shall be appointed by times and places, take such testimony, and the United States involvement in that war, the executive director of the Veterans of receive such evidence as the Centennial and the war’s effects on the remainder of the Foreign Wars of the United States. Commission considers appropriate to carry 20th century, and to commemorate and (G) One member who shall be appointed by out its duties under this Act. honor the participation of the United States the executive director of the American Le- (b) POWERS OF MEMBER AND AGENTS.—If au- and its citizens in the war effort. gion. thorized by the Centennial Commission, any (8) While the other great conflicts of the (H) One member who shall be appointed by member or agent of the Centennial Commis- 20th century, World War II, the Korean War, the president of the Liberty Memorial Asso- sion may take any action which the Centen- and the Vietnam War, have national memo- ciation. nial Commission is authorized to take under rials on the Mall in Washington, DC, there (2) TIME FOR APPOINTMENT.—The members this Act. currently exists no national memorial hon- of the Centennial Commission shall be ap- (c) INFORMATION FROM FEDERAL AGEN- oring the service of the United States and its pointed not later than 60 days after the date CIES.—The Centennial Commission shall se- citizens in World War I. of the enactment of this Act. cure directly from any Federal department (9) In 1921, the people of Kansas City, Mis- (3) PERIOD OF APPOINTMENT.—Each member or agency such information as the Centen- souri, dedicated a site in that city for a me- shall be appointed for the life of the Centen- nial Commission considers necessary to morial to the service of Americans in World nial Commission. carry out the provisions of this Act. Upon War I, a ceremony attended by General John (4) VACANCIES.—A vacancy in the Centen- the request of the Chair of the Centennial J. Pershing and military leaders of Great nial Commission shall be filled in the man- Commission, the head of such department or Britain, France, Belgium, and Italy. In 1924, ner in which the original appointment was agency shall furnish such information to the the cornerstone of the 217-foot Liberty Me- made. Centennial Commission. morial Tower was laid. On Armistice Day (c) MEETINGS.— (d) ADMINISTRATIVE SUPPORT SERVICES.— 1926, President Calvin Coolidge delivered the (1) INITIAL MEETING.— Upon the request of the Centennial Commis- key note address at the Memorial’s dedica- (A) IN GENERAL.—Not later than 30 days sion, the Administrator of the General Serv- tion ceremony. The Memorial and sur- after the date on which all members of the ices Administration shall provide to the Cen- rounding grounds were completed in 1938, Centennial Commission have been appointed, tennial Commission, on a reimbursable with an inscription that reads ‘‘In Honor of the Centennial Commission shall hold its basis, the administrative support services Those Who Served in the World War in De- first meeting. necessary for the Centennial Commission to fense of Liberty and Our Country.’’. (B) LOCATION.—The location for the meet- carry out its responsibilities under this Act. (10) The 106th Congress recognized the Lib- ing held under subparagraph (A) shall be the (e) CONTRACT AUTHORITY.— erty Memorial as a national symbol of World America’s National World War I Museum. (1) IN GENERAL.—Except as provided in War I. (2) SUBSEQUENT MEETINGS.— paragraph (2), the Centennial Commission is (11) The 108th Congress designated the mu- (A) IN GENERAL.—The Centennial Commis- authorized— seum at the base of the Liberty Memorial as sion shall meet at the call of the Chair. (A) to procure supplies, services, and prop- ‘‘America’s National World War I Museum’’. (B) FREQUENCY.—The Chair shall call a erty; and The museum preserves the story of World meeting of the members of the Centennial (B) to make or enter into contracts, leases, War I, and educates and enlightens people Commission not less frequently than once or other legal agreements. about this significant event. each year. (2) LIMITATION.—The Centennial Commis- SEC. 3. DEFINITIONS. (C) LOCATION.—Not less frequently than sion may not enter into any contract, lease, In this Act— once each year, the Centennial Commission or other legal agreement that extends be- (1) AMERICA’S NATIONAL WORLD WAR I MU- shall meet at the America’s National World yond the date of the termination of the Cen- SEUM.—The term ‘‘America’s National World War I Museum. tennial Commission under section 8(a). War I Museum’’ means the Liberty Memorial (3) QUORUM.—Seven members of the Cen- (f) POSTAL SERVICES.—The Centennial Museum in Kansas City, Missouri, as recog- tennial Commission shall constitute a Commission may use the United States nized by Congress in section 1031(b) of the quorum, but a lesser number may hold hear- mails in the same manner and under the Ronald W. Reagan National Defense Author- ings. same conditions as other departments and ization Act for Fiscal Year 2005 (Public Law (d) CHAIR AND VICE CHAIR.—The Centennial agencies of the Federal Government. 108–375; 118 Stat. 2045). Commission shall select a Chair and Vice (g) GIFTS, BEQUESTS, AND DEVISES.—The (2) CENTENNIAL COMMISSION.—The term Chair from among its members. Centennial Commission shall accept, use, ‘‘Centennial Commission’’ means the World SEC. 5. DUTIES OF CENTENNIAL COMMISSION. and dispose of gifts, bequests, or devises of War I Centennial Commission established by (a) IN GENERAL.—The duties of the Centen- services or property, both real and personal, section 4(a). nial Commission are as follows: for the purpose of covering the costs in- (3) MEMORIAL FOUNDATION.—The term ‘‘Me- (1) To plan, develop, and execute programs, curred by the Centennial Commission to morial Foundation’’ means the World War I projects, and activities to commemorate the carry out its duties under this Act. Memorial Foundation authorized to estab- centennial of World War I. SEC. 7. CENTENNIAL COMMISSION PERSONNEL lish the National World War I Memorial in (2) To encourage private organizations and MATTERS. the District of Columbia under section 10. State and local governments to organize and (a) COMPENSATION OF MEMBERS.—Members (4) VETERANS SERVICE ORGANIZATION.—The participate in activities commemorating the of the Centennial Commission shall serve term ‘‘veterans service organization’’ means centennial of World War I. without compensation for such service.

VerDate Mar 15 2010 06:33 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\A12DE7.011 H12DEPT1 smartinez on DSK6TPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — HOUSE H6735 (b) TRAVEL EXPENSES.—Each member of SEC. 10. ESTABLISHMENT OF NATIONAL WORLD bers may have 5 legislative days within the Centennial Commission shall be allowed WAR I MEMORIAL IN THE DISTRICT which to revise and extend their re- travel expenses, including per diem in lieu of OF COLUMBIA. (a) AUTHORITY TO ESTABLISH COMMEMORA- marks and include extraneous mate- subsistence, in accordance with the applica- rials on the bill under consideration. ble provisions of title 5, United States Code. TIVE WORK.—The World War I Memorial Foundation may establish a commemorative The SPEAKER pro tempore. Is there (c) STAFF.— work on Federal land in the District of Co- objection to the request of the gen- (1) IN GENERAL.—The Chair of the Centen- lumbia and its environs to consist of an ap- nial Commission shall, in consultation with tleman from Utah? propriate sculptural or other commemora- the members of the Centennial Commission, There was no objection. tive elements to serve as the National World appoint an executive director and such other Mr. CHAFFETZ. Madam Speaker, War I Memorial. additional personnel as may be necessary to (b) LIMITATION ON SIZE OF MEMORIAL.—The we’re about to come up on a very im- enable the Centennial Commission to per- National World War I Memorial may not ex- portant date regarding World War I, form its duties. ceed 0.5 acres in size. and this bill, sponsored by the gen- (2) COMPENSATION.— (c) COMPLIANCE WITH STANDARDS FOR COM- tleman from Texas (Mr. POE), H.R. 6364, (A) IN GENERAL.—Subject to subparagraph MEMORATIVE WORKS.— is a very worthy undertaking that the (B), the Chair of the Centennial Commission (1) IN GENERAL.—Chapter 89 of title 40, may fix the compensation of the executive Congress, I believe, should enact. United States Code, shall apply to the estab- So in the spirit of that, I would like director and any other personnel appointed lishment of the National World War I Memo- under paragraph (1). rial in the District of Columbia and its envi- to actually recognize and yield such (B) LIMITATION.—The Chair of the Centen- rons. time as he may consume to the gen- nial Commission may not fix the compensa- (2) EXCEPTION FROM PROHIBITION ON ADDI- tleman from Texas (Mr. POE). tion of the executive director or other per- TIONAL COMMEMORATIVE WORKS IN RESERVE.— Mr. POE of Texas. I appreciate the sonnel appointed under paragraph (1) at a Section 8908(c) of title 40, United States gentleman from Utah yielding time. rate that exceeds the rate of payable for Code, does not apply with respect to the se- Madam Speaker, Frank Buckles was level IV of the Executive Schedule under sec- lection of the site for the National World the epitome of an American hero and a tion 5315 of title 5, United States Code. War I Memorial. man who would do anything for this (C) WORK LOCATION.—If the city govern- (3) NO INFRINGEMENT UPON EXISTING MEMO- great United States of America. ment for Kansas City, Missouri, and the Lib- RIAL.—The site selected for the National erty Memorial Association make space avail- World War I Memorial may not infringe upon This is a photograph of him recently able in the building in which the America’s or adversely impact the District of Columbia taken after he joined the United States National World War I Museum is located, the War Memorial. Army. Frank Buckles wanted to be in executive director of the Centennial Com- (d) LIMITATION ON TOTAL COST.—The total the United States Army. He volun- mission and other personnel appointed under cost to design and construct the National teered. No one would take him because, paragraph (1) shall work in such building to World War I Memorial may not exceed you see, he wasn’t 18. He finally contin- the extent practical. $10,000,000. ued to lie about his age, convinced a re- (d) DETAIL OF GOVERNMENT EMPLOYEES.— (e) DEPOSIT OF EXCESS FUNDS.— Upon request of the Centennial Commission, (1) UPON ESTABLISHMENT OF MEMORIAL.—If, cruiter he was 21, and at the age of 16 the head of any Federal department or agen- upon payment of all expenses for the estab- joined the United States Army in the cy may detail, on a reimbursable basis, any lishment of the National World War I Memo- great World War I. employee of that department or agency to rial (including the maintenance and preser- He wanted to get to France as soon the Centennial Commission to assist it in vation amount required by section 8906(b)(1) as he could, so he volunteered to be in carrying out its duties under this Act. of title 40, United States Code), there re- the ambulance service. What he did (e) PROCUREMENT OF TEMPORARY AND mains a balance of funds received for the es- when he got to Europe was rescue and INTERMITTENT SERVICES.—The Chair of the tablishment of the memorial, the Memorial pick up other doughboys in Europe out Centennial Commission may procure tem- Foundation shall transmit the amount of the balance to the account provided for in sec- of those trenches and take them back porary and intermittent services under sec- behind American lines so their wounds tion 3109(b) of title 5, United States Code. tion 8906(b)(3) of such title. PON EXPIRATION OF AUTHORITY TO ES could be taken care of. He also picked (f) SOURCE OF FUNDS.—Gifts, bequests, and (2) U - devises of services or property, both real and TABLISH MEMORIAL.—If, upon expiration of up many of our Americans—114,000 to personal, received by the Centennial Com- the authority for the National World War I be exact—that died in the great World mission under section 6(g) shall be the only Memorial under section 8903(e) of title 40, War I. source of funds to cover the costs incurred United States Code, there remains a balance He was able to come back to America by the Centennial Commission under this of funds received for the establishment of the alive. He made it through the war, al- section. memorial, the Memorial Foundation shall transmit the amount of the balance to a sep- though many, as I mentioned, did not. SEC. 8. TERMINATION OF CENTENNIAL COMMIS- arate account with the National Park Foun- Many Americans when they came home SION. dation for memorials, to be available to the from the great war over there, as Mr. (a) IN GENERAL.—The Centennial Commis- Secretary of the Interior or Administrator of COHEN said, died of the flu they picked sion shall terminate on the earlier of— General Services (as appropriate) following up in Europe. In fact, a great number (1) the date that is 30 days after the date the process provided in section 8906(b)(4) of of them died from the Spanish flu, al- the completion of the activities under this such title for accounts established under sec- Act honoring the centennial observation of most as many as died in Europe itself. tion 8906(b)(3) of such title. Frank Buckles then went to work. World War I; or (f) CEREMONIES.—The Centennial Commis- (2) July 28, 2019. sion may plan, develop, and execute cere- During his work, it took him to the (b) APPLICATION OF FEDERAL ADVISORY monies to recognize the establishment of the Philippines; but when he was in the COMMITTEE ACT.— National World War I Memorial. Philippines, the Japanese invaded in (1) IN GENERAL.—Except as provided in (g) MEMORIAL AREA DEFINED.—In this sec- World War II and Frank Buckles again paragraph (2), the provisions of the Federal tion, the term ‘‘District of Columbia and its was captured by the Japanese in the Advisory Committee Act (5 U.S.C. App.) environs’’ has the meaning given that term Philippines and put in a prisoner-of- shall apply to the activities of the Centen- in section 8902(a)(2) of title 40, United States war camp for 31⁄2 years. He was about to nial Commission under this Act. Code. (2) EXCEPTION.—Section 14(a)(2) of such Act SEC. 11. PROHIBITION ON OBLIGATION OF FED- be executed, and the Americans came shall not apply to the Centennial Commis- ERAL FUNDS. and liberated the camp; and he, along sion. No Federal funds may be obligated to carry with the other prisoners of war, came out this Act. SEC. 9. DESIGNATION OF NATIONAL WORLD WAR back to America. Frank Buckles then I MUSEUM AND MEMORIAL IN KAN- The SPEAKER pro tempore. Pursu- went back to West Virginia where he SAS CITY, MISSOURI. ant to the rule, the gentleman from worked his farm and drove the tractor (a) IN GENERAL.—The Liberty Memorial of Utah (Mr. CHAFFETZ) and the gentle- until he was 107. Kansas City at America’s National World woman from the District of Columbia Madam Speaker, it was his decision War I Museum in Kansas City, Missouri, is (Ms. NORTON) each will control 20 min- and his life goal that he would be in- hereby designated as the ‘‘National World utes. strumental in helping build a memorial War I Museum and Memorial’’. The Chair recognizes the gentleman on the Mall for all of the veterans who (b) CEREMONIES.—The Centennial Commis- sion may plan, develop, and execute cere- from Utah. served in the great World War I. I met monies to recognize the designation of the GENERAL LEAVE him in 2007, and this project has been Liberty Memorial of Kansas City as the Na- Mr. CHAFFETZ. Madam Speaker, I going on now for 5 years to try to get tional World War I Museum and Memorial. ask unanimous consent that all Mem- approval to build this memorial for all

VerDate Mar 15 2010 06:33 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\A12DE7.011 H12DEPT1 smartinez on DSK6TPTVN1PROD with H6736 CONGRESSIONAL RECORD — HOUSE December 12, 2012 veterans of World War I on the Mall, the gentleman from Michigan (Mr. cially miss you sitting in the chair as almost as long as the war took. HUIZENGA). chair of Financial Services of the Ap- He came to Washington, D.C., a few Mr. HUIZENGA of Michigan. I appre- propriations Committee and as a Mem- years ago. This is a picture of him that ciate my friend from Utah for yielding. ber of this body, which you have so was taken recently before he died at I’m glad we could keep this photo- graciously served. the age of 110 at the D.C. memorial on graph up. Here is how I got involved I rise in support of this important the Mall. That is a monument and a and engaged in this. It’s very personal. legislation. H.R. 6364 establishes a com- memorial to all of the veterans from Actually, the man who took this pho- mission to ensure the suitable observa- the District of Columbia that served in tograph, David de Young, is a con- tion of the centennial of World War I. World War I. I went with him to this stituent and a friend of mine back from It further provides for the designation memorial where we talked about ex- west Michigan. He was actually part of of a memorial to the service of the panding our honor of all veterans and a project that went out to try to then members of the United States Armed having a memorial for everybody in the photograph all of the remaining World Forces throughout the United States great World War I. War I survivors. He traveled to Europe, who participated in World War I, and it That was his goal, and he worked to Australia, and then had met Frank finally protects the District of Colum- with many Members of Congress on Buckles along the way and had gotten bia World War I Memorial on The Mall. this issue. Although he lived to 110, he to know him very well. This bill had to do three things, and didn’t live long enough to see the me- Unfortunately, I was not able to I want to express my appreciation to morial created. Madam Speaker, he meet him in person, but I attended his all of the Members who were party to was the very last American doughboy funeral in Arlington, where we said the agreement that finally resulted in that lived in the great World War I. good-bye as a Nation. I can tell you this bill—my colleagues Mr. POE of They’re all gone, every one of them. So that it was his desire—Frank’s desire— Texas, Mr. CLEAVER of Missouri, Mr. it is up to us, Members of Congress and and David’s desire, his family’s desire, BISHOP of Utah and Mr. GRIJALVA of the public, to speak for them and honor my desire, and I think now, finally, Arizona—for working with me to pre- them on the Mall right across the this body’s desire to properly say serve the District of Columbia World street as would be appropriate. In the thank you. War I Memorial. In particular, the bill Mall, we have three of the four great The other reason this is very per- that is before us, Madam Speaker, is an wars of the last century that we honor. sonal and very important to me is that example of what can be done when We honor those in World War II, the I get to talk about a man named Bill Members work together to achieve a Korean war, and Vietnam. Now it’s Huizenga—not I, BILL HUIZENGA, but resolution of their individual concerns. time to honor all of those who served my grandfather, Bill Huizenga—who Earlier in this Congress, the gen- in the great World War I. happened to fight in World War I. He tleman from Texas (Mr. POE) intro- I must compliment a little school was part of a group called the Polar duced H.R. 938. It would have, among down in Texas, Creekwood Middle Bears. They were men who were chosen other things, nationalized the DC war School, and Jan York, who works from Wisconsin, Minnesota, and Michi- memorial by designating it as the Dis- there. It was the project of eighth grad- gan because they figured they’d be used trict of Columbia and National World ers years ago to find all of the World to the cold, so they sent them all the War I Memorial. We were all in agree- War I survivors and do a history way up around Norway to Archangel, ment that there should be a suitable project on them throughout the world Russia, to fight in an undeclared por- memorial on Federal land as we now from all countries; and they did a tion of World War I. In fact, Grandpa approach this extraordinary anniver- project, of course, on Frank Buckles, Bill was there after Armistice Day and sary in 2014; but of course, I had to op- as well. In fact, we were able to get where British, Canadian, and American pose altering the integrity of the DC him on the phone, and the eighth grade troops remained well into the spring of war memorial. That memorial was class at Creekwood Middle School on that following year after Armistice. It built with not one Federal dollar but, one of his birthdays sang happy birth- wasn’t until much, much later that we rather, with the blood and treasure of day to him. DC residents, including funds from Those kids who are seniors in high were actually even officially recog- school now will be able to hopefully see nized as being part of that. I can tell school children. Of the more than 26,000 this memorial built and the approval of you that one of my prized possessions DC residents who served in World War it to be built on the Mall. But I want to is in having my grandfather’s old I, the 499 who died—more than the thank her and her eighth graders for doughboy helmet, which hangs in our number from three States—have their the history project concept and delving family’s home. names individually carved on that me- into American history in depth and It’s just a fitting, timely thing that morial. Our memorial is deeply sym- finding out what had happened in our we finally say thank you and that we bolic of the historic and continuing great American Nation. finally recognize this group of men who concerns of District residents, particu- I also want to thank my friend, fought a terrible war, who fought a war larly of our veterans, who continue to EMANUEL CLEAVER from Missouri, for that so many had hoped would be the serve without equal representation in his help on this legislation; the war to end all wars. Unfortunately, we the Congress, equal rights as citizens, gentlelady from D.C., Ms. NORTON; also know that isn’t the case. and equal local government control. the subcommittee chairman, Mr. I would like to commend our friends I am very happy this afternoon to report that H.R. 6364 protects the integ- BISHOP; and the committee chairman, across the aisle—the gentlelady from rity of the DC war memorial and goes DOC HASTINGS, as well. the District and the gentleman from It is important that we pass this leg- Missouri—for working on this and led further. It meets the concern for a islation. If we get this legislation by my friend from Texas (Mr. POE) to World War I memorial here for all vet- passed, it will do three things: it will get this done. This is an important erans, which is the concern that Mr. build a memorial on the Mall, it will statement for us and is a fitting trib- POE spoke of; and it meets Mr. set up a commission to honor World ute to that generation. CLEAVER’s concern and the concern of War I; as this Nation is approaching Frank, we thank you for your serv- Members from Missouri—like you, the 100th year; and it will also recog- ice, and we thank all of those families. Madam Speaker—for a designation of nize—which my friend, Mr. CLEAVER, Ms. NORTON. I yield myself such that extraordinarily beautiful memo- will talk about—the work of the mu- time as I may consume. rial there as a national World War I seum and the national work of the (Ms. NORTON asked and was given memorial. World War I memorial in Kansas City. permission to revise and extend her re- The bill establishes a commission to It’s time we passed this to honor those marks.) ensure a suitable observance of the great World War I veterans. Ms. NORTON. Madam Speaker, may I centennial of World War I, and it des- say that we will miss seeing you occa- ignates memorials to the service of b 1510 sionally in that chair, and I know I members of the United States Armed Mr. CHAFFETZ. Madam Speaker, I speak for my colleagues on both sides Forces in World War I, including a na- yield such time as he may consume to of the aisle when I say we will espe- tional World War I Memorial.

VerDate Mar 15 2010 06:33 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K12DE7.083 H12DEPT1 smartinez on DSK6TPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — HOUSE H6737 H.R. 6364 protects the DC memorial This bill will honor that service by league from Missouri, Mr. CLEAVER, because it complies with the provision establishing a centennial commission and my colleague from Texas, Mr. POE, of the Commemorative Works Act, that would see to it that the 100th an- and others who have put so much time which prohibits a new memorial from niversary of the Great War did not slip and work into this legislation. ‘‘interfer[ing] with or encroach[ing] on, away, as many things slip away in this As has been said, 2014 will mark the an existing commemorative work.’’ place where there is sometimes more 100th anniversary, the centennial anni- The bill goes further by saying that the partisan bickering than is necessary. versary of the Great War. The Frank site of the national World War I Memo- Not only does this bill serve to honor Buckles World War I Memorial Act es- rial on Federal land may not ‘‘infringe the memory of our great veterans; but tablishes this centennial commission upon or otherwise adversely impact the it stands, I think, as a symbol that bi- to ensure that those who served and District of Columbia World War I Me- partisanship and cooperation are, in- sacrificed to promote the ideals of lib- morial.’’ This preservation is, of deed, possible. erty and freedom are properly honored course, critical to DC residents, who The United States formally joined for their bravery, and to honor the deserve to have a memorial dedicated the war in April of 1917; and during World War I hero Frank Buckles that to their veterans as, I might mention, that time, more than 4.7 million Amer- TED POE and others have so appro- every single State has as to its World icans served. Now it’s our job to serve priately described today. War I veterans because, at that time, their memory. It’s sometimes difficult for Kansas most Americans thought it preferable The Fifth District of Missouri, which City and Missouri, as Madam Speaker to have memorials in their own States, I proudly serve, includes Kansas City, knows, and my colleague from Mis- so each and every State has a World the home of the Liberty Memorial. souri, Mr. CLEAVER, knows to agree on War I Memorial. Today, in contrast, This is the Liberty Memorial. I think many things. But it’s a nice oppor- people insist on memorials to their vet- it is always important for people to see tunity for a Kansan to come down and erans on Federal land here. it because I think when people hear join with my colleague from Missouri, It has always been our position that Liberty Memorial, if they are not from Mr. CLEAVER, and others, to take this a national memorial dedicated to all the area, if they are not visiting Kan- moment to honor the World War I Mu- Americans who served in World War I sas City, they may think it’s just some seum and Memorial in Kansas City should be located in the Nation’s Cap- little something. You can see it in which does such a great job of paying ital, and I have been committed and re- terms of the Kansas City skyline, and I tribute to the service and sacrifice of main committed to working with my would also take this opportunity to re- the men and women in World War II. colleagues to find suitable locations in mind people that this is the largest I actually had a chance recently to join Mr. CLEAVER the District of Columbia for a national city in the State of Missouri. on Veterans Day World War I Memorial. I am happy that This Liberty Memorial is one of the when we addressed veterans from mul- H.R. 6364 allows for such a memorial, great treasures of our community and tiple wars to talk about the service and that it does not interfere with the DC our State. It sits atop the World War I sacrifice and, really, the legacy that war memorial, and that it appro- Museum. In 1919, the people of Kansas has continued on for generations in priately commemorates the beautiful City raised $2.5 million, mainly this country of serving our country and memorial in Missouri. through children, in 10 days to create many people paying the ultimate sacrifice. Madam Speaker, I urge my col- the Liberty Memorial. The dedication So to have a chance to take part in leagues to join me in supporting this ceremony was the only time in history that on Veterans Day with Mr. bill, and I reserve the balance of my that the Supreme Allied Commanders CLEAVER was great, and to be here time. were together in one place. The dedica- Mr. CHAFFETZ. I reserve the bal- today to recognize the Kansas City me- tion of this memorial was held on No- ance of my time. morial and museum as the National vember 1, 1921. Ms. NORTON. Madam Speaker, I World War I Memorial is a great oppor- In 1994, during my first term as yield such time as he may consume to tunity. And I want to encourage all of mayor of Kansas City, the museum the gentleman from Missouri (Mr. my colleagues to take the time to go added greater majesty to the site with CLEAVER), who has worked so hard on out to Kansas City and see this mu- the construction of a municipally fund- this bill and has been so creative and seum. It is top-notch quality; I think ed restoration project. The Liberty Me- diligent and committed. you all will be very impressed. I’m Mr. CLEAVER. We are here today in morial operates the only American mu- pleased to support this legislation an unprecedented show of bipartisan- seum solely dedicated to preserving the today and to recognize that museum ship with this piece of legislation. H.R. objects, history, and personal experi- and memorial and to ultimately recog- 6364 is the product of both sides of the ences of a war whose impact still nize the service and sacrifice of the aisle working together to do what is echoes today. This bill would also re- men and women who served in World right to honor the memory of our vet- designate this facility as the National War I. erans. World War I Memorial and Museum and Ms. NORTON. Madam Speaker, I am I especially want to thank Represent- give it the distinction it richly de- not only pleased with the outcome of ative TED POE for his efforts in bring- serves. this bill; I am proud of the way it was ing this bill to the floor today as well Mr. CHAFFETZ. Madam Speaker, I achieved. This bill about war dead, as to thank Representative ELEANOR would like to yield such time as he about war heroes, had emotional con- HOLMES NORTON for her work on the may consume to the distinguished gen- tent. But the Members reasoned to- legislation. Of course, I’d also like to tleman from Kansas (Mr. YODER), one gether and in a collegial fashion agreed thank Majority Leader CANTOR for his of the cosponsors of the bill. upon an outcome that is satisfactory support along the way. Mr. YODER. I thank the gentleman to all of us. from Utah, and I want to echo the com- There are going to be three ways in 1520 b ments of my friend and colleague from which World War I heroes are remem- Frank Buckles, who was on the stage Missouri, across the Kansas City bor- bered: for sure here in the District of of the Liberty Memorial in Kansas City der, who so eloquently described the Columbia with the existing memorial, just 4 years ago during the Veterans majesty and beauty of the World War I and now in Kansas City with the ma- Day program, was the last surviving Museum and Memorial that we have in jestic memorial that is there, and of veteran from World War I, and he was Kansas City. It is truly a national trib- course this bill authorizes a second me- from the State of Missouri. Unfortu- ute. And to spend time today on the morial here in the District of Colum- nately, he passed away during the House floor, to take a moment to pay bia, the Nation’s Capital. drafting of this very bill. However, tribute to the men and women who sac- The Members cooperated and even with Mr. Buckles’ passing, our rificed in World War I and to designate achieved the kind of resolution that we commitment remains strong as it is this World War I museum the National hope will, during this lame duck ses- never too late to demonstrate our ap- World War I Memorial is a wonderful sion, become a model for how to reach preciation to the veterans of the Great moment that I have a chance to take the ultimate agreement this year and War for their service and sacrifices. part in, and I want to thank my col- start off next year.

VerDate Mar 15 2010 06:33 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K12DE7.072 H12DEPT1 smartinez on DSK6TPTVN1PROD with H6738 CONGRESSIONAL RECORD — HOUSE December 12, 2012 Without any more speakers, Madam memorials and proceed with a careful exam- in the District of Columbia to serve as the Na- Speaker, I yield back the balance of ination of what the future holds for the mall. tional World War I Memorial. my time. To reiterate, approval of this legislation is As an experienced legislator representing Mr. CHAFFETZ. Madam Speaker, I not a signal that the Mall should be opened up the people of Houston I have fought hard to yield myself such time as I may con- for construction. The existing prohibition has protect the honor and the rights of our vet- sume. served us well for the last decade and will erans. I hold our men and women of the I appreciate Ms. NORTON and Mr. serve us in the future. With this authorization armed services in the highest regard. As one CLEAVER for this very bipartisan ap- we will raise the bar higher, even beyond the of the bloodiest wars of the 20th century, proach to something that should live in standard of the Great War. World War I represented the entrance of the the memories of all Americans, the Ms. NORTON. Madam Speaker, I rise today United States onto the international stage as sacrifices that were given in this coun- in support of H.R. 6364, the Frank Buckles the champion of the West, western ideals try to provide so much for us. As you World War I Memorial Act, as amended. I such as security, liberty, and democracy. know, the United States entered World would like to thank my colleagues, Represent- We still mourn the loss of the 115,000 War I in April of 1917 to support Great atives TED POE, EMANUEL CLEAVER, RAU´ L M. American soldiers who died during the war Britain, France, Belgium, and other al- GRIJALVA, and Chairman ROB BISHOP for work- and extend our deepest gratitude to 205,000 lies. It was the first time that Amer- ing with me to preserve the District of Colum- who returned home with serious injuries. ican soldiers went abroad in defense of bia War Memorial. Frank Buckles was one of the fine men and liberty against foreign aggression. Earlier this Congress, Representative TED women who survived the war. More than 4 million men and women POE introduced H.R. 938, which would have Born on February 1st, 1901, Frank Woodruff served in uniform during the Great nationalized the D.C. memorial by re-desig- Buckles was the last surviving American vet- War. There were 375,000 American cas- nating it as the ‘‘District of Columbia and Na- eran of the First World War. In 1917, he en- ualties during World War I, including tional World War I Memorial.’’ While I very listed in the Army and served with a detach- 116,516 fatalities. much support commemorating all of the serv- ment from Fort Riley. He drove ambulances The upcoming centennial is an oppor- ice men and women who fought in World War and motorcycles near the front lines. tunity for the United States to honor I, I had to oppose altering the integrity of the He served in both World War I and II. In the sacrifices of these great Americans. D.C. memorial. The D.C. memorial was built World War II he became a prisoner of war H.R. 6364 creates a World War I com- with the blood and treasure of D.C. residents, (POW) and for 39 months was held captive in mission to commemorate the upcoming including funds from school children. Of the the Philippines. centennial. The bill would establish a more than 26,000 D.C. residents who served Mr. Buckles was a quiet hero, he moved to memorial in the District of Columbia in World War I, the 499 who died, more than West Virginia, married, and tended to his farm to honor those who fought during the the number from three states, have their until the age of 105. In the twilight of his life, Great War. I would also note that there names engraved on the memorial. Our memo- Mr. Buckles never forgot the men and women are no Federal funds that are attached rial is deeply symbolic of the historic and con- who served in World War I. to the building of this. H.R. 6364 was fa- tinuing concerns of District residents, particu- He became the honorary Chairman of the vorably reported by unanimous consent larly our veterans, who continue to serve with- World War I Memorial Foundation. He strongly in the Committee on Natural Re- out equal congressional representation, equal advocated for establishment of a World War I sources last week, and I again want to rights as citizens, and equal local government memorial in our Nation’s Capital. thank Congressman POE from the State control. Mr. Buckles was World News Tonight’s ‘Per- of Texas for introducing this piece of I am happy to report that H.R. 6364 protects son of the Week’ in 2009, in recognition for his legislation and the numerous individ- the integrity of the D.C. memorial, and I be- efforts to establish the World War I memorial. uals on both sides of the aisle. It is a lieve it identifies the desires of the other mem- This quiet hero became the oldest person to very bipartisan approach, and I urge all bers involved. The bill establishes a commis- speak before Congress. On December 3, of my colleagues to support this piece sion to ensure a suitable observance of the 2009, he implored Congress to honor the sac- of legislation. centennial of World War I and designates me- rifice of the brave men and women of World I yield back the balance of my time. morials to the service of members of the War I. He stated: Mr. HASTINGS of Washington. Madam United States Armed Forces in World War I, We still do not have a national memorial Speaker, H.R. 6364 would authorize the World including a National World War I Memorial. in Washington, D.C. to honor the Americans War I Memorial Foundation to create a com- H.R. 6364 protects the D.C. memorial be- who sacrificed with their lives during World memorative work on federal land in the District cause it complies with the provision of the War 1 . . . I call upon the American people of Columbia. From 1914 to 1918, World War Commemorative Works Act (40 U.S.C. § 9505 and the world to help me in asking our elect- I took 116,516 American lives. However, de- (b)(2)) that prohibits a new memorial from ed officials to pass the law for a memorial to World War I in our Nation’s capital. These spite the existence of memorials to the fallen ‘‘interfere[ing] with, or encroach[ing] on, an ex- are difficult times, and we are not asking for of World War II, the Korean War and the Viet- isting commemorative work,’’ and the bill goes anything elaborate. What is fitting and right nam War on the National Mall, a national WWI further by saying that the site of the national is a memorial that can take its place among memorial has never been authorized. World War I memorial on federal land may not those commemorating the other great con- The author of this legislation, Mr. POE, has ‘‘infringe upon or adversely impact the District flicts of the past century . . . it is time to worked for many years to construct a proposal of Columbia War Memorial.’’ This preservation move forward with honor, gratitude, and re- that adequately recognizes Americans who is critical to D.C. residents, who deserve to solve. served in the Great War and addresses the have a memorial dedicated to their veterans. Frank Buckle asked this country to honor concerns of a multitude of stakeholders. It has always been my position that a na- those who fought to protect our way of life. This proposal is modest, will have a minimal tional memorial dedicated to all Americans This bill, named in his honor, will serve to en- footprint, and expressly prohibits federal funds. who served in World War I should be located sure that these men and women will never be The memorial needs a specific exemption in the Nation’s capital, and I have been com- forgotten and will continue to receive the re- from current law to be permitted on the Na- mitted to working with my colleagues to sug- spect and honor they deserve from future gen- tional Mall. This is not something this Con- gest suitable locations in D.C. for a national erations. gress should take lightly. The Natural Re- World War I memorial. I am happy that H.R. The SPEAKER pro tempore. The sources Committee held two hearings on this 6364 allows for such a memorial while not question is on the motion offered by specific memorial and another hearing on the interfering with the integrity of the D.C. memo- the gentleman from Utah (Mr. overall future of the National Mall to better un- rial. CHAFFETZ) that the House suspend the derstand the short-term and long-term implica- Madam Speaker, I urge my colleagues to rules and pass the bill, H.R. 6364, as tions of granting this authorization. join me in supporting this bill. amended. As with other commemorative works, the Madam Speaker, I rise today in support of The question was taken; and (two- World War I Memorial will pass through a rig- the House Amendment to H.R. 6364, the thirds being in the affirmative) the orous, public approval process which may ‘‘Frank Buckles World War I Memorial Act,’’ rules were suspended and the bill, as place it on the National Mall. However, it is not which establishes the World War I Centennial amended, was passed. the intention to undermine the current prohibi- Commission to oversee projects and programs The title was amended so as to read: tion under the Commemorative Works Act, but which commemorates the centennial of World ‘‘A bill to establish a commission to instead close the book on the collection of war War I and to establish a commemorative work ensure a suitable observance of the

VerDate Mar 15 2010 06:33 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K12DE7.073 H12DEPT1 smartinez on DSK6TPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — HOUSE H6739 centennial of World War I, to provide HOUR OF MEETING ON TOMORROW Bucshon Heck Posey for the designation of memorials to the Buerkle Hensarling Price (GA) Mr. CAMP. Mr. Speaker, I ask unani- Burgess Herger Quayle service of members of the United mous consent that when the House ad- Calvert Herrera Beutler Reed States Armed Forces in World War I, journs today, it adjourn to meet at 9 Camp Huelskamp Rehberg and for other purposes.’’. Campbell Huizenga (MI) Reichert a.m. tomorrow. Canseco Hultgren A motion to reconsider was laid on Renacci The SPEAKER pro tempore. Is there Cantor Hunter Ribble the table. objection to the request of the gen- Capito Hurt Rigell Carter Issa Rivera f tleman from Michigan? Cassidy Jenkins Roby Chabot Johnson (OH) COMMUNICATION FROM THE There was no objection. Roe (TN) Chaffetz Johnson, Sam Rogers (AL) DEMOCRATIC LEADER f Coble Jones Rogers (KY) Coffman (CO) Jordan The SPEAKER pro tempore laid be- Rogers (MI) DESIGNATING THE RANKING OF A Cole Kelly fore the House the following commu- Rohrabacher CERTAIN NAMED MEMBER OF A Conaway King (NY) nication from the Honorable NANCY Cravaack Kingston Rokita CERTAIN STANDING COMMITTEE Rooney PELOSI, Democratic Leader: Crawford Kinzinger (IL) OF THE HOUSE OF REPRESENTA- Crenshaw Kline Ros-Lehtinen HOUSE OF REPRESENTATIVES, TIVES Culberson Labrador Roskam Washington, DC, December 12, 2012. Denham Lamborn Ross (FL) Hon. JOHN BOEHNER, Mr. LARSON of Connecticut. Mr. Dent Lance Royce Speaker of the House, Speaker, by direction of the Demo- DesJarlais Landry Runyan U.S. Capitol, Washington, DC. Diaz-Balart Lankford Ryan (WI) cratic Caucus, I offer a privileged reso- Scalise DEAR SPEAKER BOEHNER: Pursuant to sec- Dold Latham lution and ask for its immediate con- Schilling tion 3(b) of the Public Safety Officer Medal Dreier LaTourette sideration. Duffy Latta Schock of Valor Act of 2001 (42 U.S.C. 15202), I am The Clerk read the resolution, as fol- Duncan (SC) Lewis (CA) Schweikert pleased to appoint Joanne Hayes-White of Duncan (TN) LoBiondo Scott (SC) San Francisco, CA, to the Medal of Valor Re- lows: Ellmers Long Scott, Austin view Board. H. RES. 830 Emerson Lucas Sensenbrenner Thank you for your attention to this ap- Resolved, That Mr. Michaud shall rank Farenthold Luetkemeyer Sessions pointment. above Ms. Brown of Florida on the Com- Fincher Lummis Shimkus Sincerely, Fitzpatrick Lungren, Daniel Shuster mittee on Veterans’ Affairs Flake E. Simpson NANCY PELOSI, Fleischmann Manzullo Smith (NE) House Democratic Leader. The resolution was agreed to. A motion to reconsider was laid upon Fleming Marchant Smith (NJ) f Flores Marino Smith (TX) the table. Forbes Massie Southerland RECESS Fortenberry McCaul f Stearns Foxx McClintock Stivers The SPEAKER pro tempore. Pursu- Franks (AZ) McHenry ANNOUNCEMENT BY THE SPEAKER Sullivan ant to clause 12(a) of rule I, the Chair Frelinghuysen McKeon Terry declares the House in recess subject to PRO TEMPORE Gardner McKinley Thompson (PA) Garrett McMorris Thornberry the call of the Chair. The SPEAKER pro tempore. Pursu- Gerlach Rodgers Tiberi Gibbs Meehan Accordingly (at 3 o’clock and 29 min- ant to clause 8 of rule XX, proceedings Tipton Gibson Mica utes p.m.), the House stood in recess. will resume on questions previously Turner (NY) Gingrey (GA) Miller (FL) Turner (OH) f postponed. Votes will be taken in the Gohmert Miller (MI) Upton following order: ordering the previous Goodlatte Miller, Gary b 1634 Gosar Mulvaney Walberg question on House Resolution 827; Walden AFTER RECESS adopting House Resolution 827, if or- Gowdy Murphy (PA) Granger Myrick Walsh (IL) The recess having expired, the House dered; and suspending the rules and Graves (GA) Neugebauer Webster West was called to order by the Speaker pro passing H.R. 6190. Graves (MO) Noem The first electronic vote will be con- Griffith (VA) Nugent Westmoreland tempore (Mr. DOLD) at 4 o’clock and 34 Grimm Nunes Whitfield minutes p.m. ducted as a 15-minute vote. Remaining Guinta Olson Wilson (SC) electronic votes will be conducted as 5- Guthrie Palazzo Wittman f minute votes. Hall Paul Wolf RETURNING SEVERAL MEASURES Hanna Paulsen Womack f Harper Pearce Woodall TO THE SENATE Harris Petri Yoder Mr. CAMP. Mr. Speaker, I offer a res- PROVIDING FOR CONSIDERATION Hartzler Platts Young (AK) OF MOTIONS TO SUSPEND THE Hastings (WA) Poe (TX) Young (FL) olution constituting a question of the Hayworth Pompeo Young (IN) privileges of the House. RULES NAYS—183 The SPEAKER pro tempore. The The SPEAKER pro tempore. The un- Clerk will report the resolution. Ackerman Cicilline Eshoo finished business is the vote on order- Altmire Clarke (MI) Farr The Clerk read as follows: ing the previous question on the reso- Andrews Clarke (NY) Fattah H. RES. 829 lution (H. Res. 827) providing for con- Baca Clay Frank (MA) sideration of motions to suspend the Baldwin Cleaver Fudge Resolved, Barber Clyburn Garamendi SECTION 1. (a) Each bill and amendment of rules, on which the yeas and nays were Barrow Cohen Gonzalez the Senate specified in subsection (b)— ordered. Bass (CA) Connolly (VA) Green, Al (1) in the opinion of this House, con- The Clerk read the title of the resolu- Becerra Cooper Green, Gene travenes the first clause of the seventh sec- Berkley Costa Grijalva tion. Berman Courtney Gutierrez tion of the first article of the Constitution of The SPEAKER pro tempore. The the United States and is an infringement of Bishop (GA) Critz Hahn Bishop (NY) Crowley Hanabusa the privileges of this House; and question is on ordering the previous question. Blumenauer Cuellar Hastings (FL) (2) shall be respectfully returned to the Bonamici Cummings Heinrich Senate with a message communicating this The vote was taken by electronic de- Boren Curson (MI) Higgins resolution. vice, and there were—yeas 224, nays Boswell Davis (CA) Himes (b) The bill and amendment of the Senate 183, not voting 24, as follows: Brady (PA) Davis (IL) Hinchey Braley (IA) DeFazio Hinojosa referred to in subsection (a) are as follows: [Roll No. 621] (1) S. 3254. Brown (FL) DeLauro Hirono YEAS—224 Butterfield DelBene Hochul (2) The Senate amendment to H.R. 4310. Capps Deutch Holt Adams Barton (TX) Black Capuano Dingell Honda The SPEAKER pro tempore. The res- Aderholt Bass (NH) Blackburn Carnahan Doggett Hoyer olution presents a question of the Alexander Benishek Bonner Carney Donnelly (IN) Israel Amash Berg Boustany privileges of the House. Carson (IN) Doyle Jackson Lee Amodei Biggert Brady (TX) The resolution was agreed to. Castor (FL) Edwards (TX) Bachmann Bilbray Brooks Chandler Ellison Johnson (GA) A motion to reconsider was laid on Bachus Bilirakis Broun (GA) Chu Engel Johnson, E. B. the table. Barletta Bishop (UT) Buchanan

VerDate Mar 15 2010 06:33 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K12DE7.067 H12DEPT1 smartinez on DSK6TPTVN1PROD with H6740 CONGRESSIONAL RECORD — HOUSE December 12, 2012 Kaptur Moran Schiff The SPEAKER pro tempore (Mr. Wolf Yoder Young (IN) Keating Murphy (CT) Schrader Womack Young (AK) Kildee Nadler Schwartz DOLD). Without objection, 5-minute Woodall Young (FL) Kind Napolitano Scott (VA) voting will continue. Kissell Neal Scott, David There was no objection. NAYS—178 Kucinich Olver Serrano The SPEAKER pro tempore. The Ackerman Fudge Olver Langevin Owens Sewell Altmire Garamendi Owens Larsen (WA) Pallone Sherman question is on the resolution. Andrews Gonzalez Pallone Larson (CT) Pascrell Shuler The question was taken; and the Baca Green, Al Pascrell Lee (CA) Pastor (AZ) Sires Speaker pro tempore announced that Baldwin Green, Gene Pastor (AZ) Levin Payne Slaughter Barber Grijalva Payne Lewis (GA) Pelosi Smith (WA) the ayes appeared to have it. Barrow Gutierrez Pearce Lipinski Perlmutter Speier Ms. SLAUGHTER. Mr. Speaker, on Bass (CA) Hahn Pelosi Loebsack Peters Stark that I demand the yeas and nays. Becerra Hanabusa Perlmutter Lofgren, Zoe Peterson Sutton Berkley Hastings (FL) Peters Lowey Pingree (ME) Thompson (CA) The yeas and nays were ordered. Berman Heinrich Pingree (ME) Luja´ n Polis Thompson (MS) The SPEAKER pro tempore. This is a Bishop (GA) Higgins Polis Lynch Price (NC) Tierney 5-minute vote. Bishop (NY) Himes Price (NC) Maloney Quigley Tonko Blumenauer Hinchey Quigley Markey Rahall Towns The vote was taken by electronic de- Bonamici Hinojosa Rahall Matheson Rangel Tsongas vice, and there were—yeas 226, nays Boren Hirono Richardson Matsui Richardson Van Hollen 178, not voting 27, as follows: Boswell Holt Richmond McCarthy (NY) Richmond Vela´ zquez Brady (PA) Honda Rothman (NJ) McCollum Rothman (NJ) Visclosky [Roll No. 622] Braley (IA) Hoyer Roybal-Allard McDermott Roybal-Allard Walz (MN) YEAS—226 Brown (FL) Israel Ruppersberger McGovern Ruppersberger Wasserman Butterfield Johnson (GA) Rush McIntyre Rush Schultz Adams Goodlatte Myrick Capps Johnson, E. B. Ryan (OH) McNerney Ryan (OH) Watt Aderholt Gosar Neugebauer Capuano Kaptur Sa´ nchez, Linda Meeks Sa´ nchez, Linda Waxman Alexander Gowdy Noem Carnahan Keating T. Michaud T. Welch Amash Granger Nugent Carney Kildee Sanchez, Loretta Miller (NC) Sanchez, Loretta Wilson (FL) Amodei Graves (GA) Nunes Castor (FL) Kind Sarbanes Miller, George Sarbanes Woolsey Bachmann Graves (MO) Olson Chandler Kissell Schakowsky Moore Schakowsky Yarmuth Bachus Griffith (VA) Palazzo Chu Kucinich Schiff Barletta Grimm Paul Cicilline Landry Schrader NOT VOTING—24 Barton (TX) Guinta Paulsen Clarke (MI) Langevin Schwartz Bass (NH) Akin Dicks Nunnelee Guthrie Petri Clarke (NY) Larsen (WA) Scott (VA) Benishek Austria Gallegly Pence Hall Platts Clay Larson (CT) Scott, David Berg Bartlett Griffin (AR) Pitts Hanna Poe (TX) Cleaver Lee (CA) Serrano Biggert Bono Mack Holden Reyes Harper Pompeo Clyburn Levin Sewell Bilbray Burton (IN) Johnson (IL) Ross (AR) Harris Posey Cohen Lewis (GA) Shuler Bilirakis Conyers King (IA) Schmidt Hartzler Price (GA) Connolly (VA) Lipinski Sires Bishop (UT) Costello Mack Stutzman Hastings (WA) Quayle Cooper Loebsack Slaughter Black DeGette McCarthy (CA) Waters Hayworth Reed Costa Lofgren, Zoe Smith (WA) Blackburn Heck Rehberg Courtney Lowey Speier b 1659 Bonner Hensarling Reichert Critz Lynch Stark Boustany Herger Renacci ´ Crowley Maloney Sutton Messrs. LUJAN, RANGEL, FRANK of Brady (TX) Herrera Beutler Ribble Cuellar Markey Thompson (CA) Massachusetts, PETERSON, BERMAN, Brooks Hochul Rigell Cummings Matheson Thompson (MS) Broun (GA) Huelskamp Rivera WELCH and SHULER changed their Curson (MI) Matsui Tierney Buchanan Huizenga (MI) Roby Davis (CA) McCarthy (NY) Tonko vote from ‘‘yea’’ to ‘‘nay.’’ Bucshon Hultgren Roe (TN) Davis (IL) McCollum Towns Mrs. HARTZLER changed her vote Buerkle Hunter Rogers (AL) DeFazio McDermott Tsongas Burgess Hurt Rogers (KY) DeLauro McGovern Van Hollen from ‘‘nay’’ to ‘‘yea.’’ Camp Issa Rogers (MI) So the previous question was ordered. DelBene McIntyre Vela´ zquez Campbell Jackson Lee Rohrabacher Deutch McNerney Visclosky The result of the vote was announced Canseco (TX) Rokita Dingell Meeks Walsh (IL) as above recorded. Cantor Jenkins Rooney Doggett Michaud Walz (MN) Capito Johnson (OH) Ros-Lehtinen (By unanimous consent, Mr. BLU- Doyle Miller (NC) Wasserman Carter Johnson, Sam Roskam Edwards Miller, George Schultz MENAUER was allowed to speak out of Cassidy Jones Ross (FL) Ellison Moore Watt order.) Chabot Jordan Royce Engel Moran Waxman Chaffetz Kelly Runyan MOMENT OF SILENCE FOR VICTIMS OF Eshoo Murphy (CT) Welch Coble King (IA) Ryan (WI) Farr Nadler Wilson (FL) CLACKAMAS MALL SHOOTING Coffman (CO) King (NY) Scalise Fattah Napolitano Woolsey Mr. BLUMENAUER. Mr. Speaker, Cole Kingston Schilling Frank (MA) Neal Yarmuth Conaway Kinzinger (IL) Schmidt yesterday afternoon, in my district at Cravaack Kline Schock NOT VOTING—27 the Clackamas Town Center, a masked Crawford Labrador Schweikert Akin DeGette McCarthy (CA) gunman with a stolen semi-automatic Crenshaw Lamborn Scott (SC) Austria Dicks Nunnelee rifle discharged some 60 shots. He Culberson Lance Scott, Austin Bartlett Duffy Pence Denham Lankford Sensenbrenner killed two people, wounded a 15-year- Bono Mack Gallegly Peterson Dent Latham Sessions Burton (IN) Griffin (AR) Pitts old girl, and then took his own life. DesJarlais LaTourette Sherman Calvert Holden Rangel This terrible tragedy could have been Diaz-Balart Latta Shimkus Carson (IN) Johnson (IL) Reyes far worse, as the gunman had several Dold Lewis (CA) Shuster Conyers Luja´ n Ross (AR) Donnelly (IN) LoBiondo Simpson Costello Mack Waters fully loaded magazines and there were Dreier Long Smith (NE) over 10,000 people shopping and work- Duncan (SC) Lucas Smith (NJ) b 1709 ing in the shopping center. Duncan (TN) Luetkemeyer Smith (TX) Ellmers Lummis Southerland So the resolution was agreed to. The police were on the scene in 1 Emerson Lungren, Daniel Stearns The result of the vote was announced minute. Countless lives were saved due Farenthold E. Stivers as above recorded. to careful preparation, emergency pro- Fincher Manzullo Stutzman A motion to reconsider was laid on Fitzpatrick Marchant Sullivan cedures, and the courage and foresight Flake Marino Terry the table. of law enforcement and the General Fleischmann Massie Thompson (PA) f Growth Properties mall management. Fleming McCaul Thornberry My colleagues from Oregon and I Flores McClintock Tiberi ASTHMA INHALERS RELIEF ACT Forbes McHenry Tipton OF 2012 would ask that the House observe a Fortenberry McKeon Turner (NY) moment of silence in the memory of Foxx McKinley Turner (OH) The SPEAKER pro tempore. The un- the victims, Steve Forsyth and Cindy Franks (AZ) McMorris Upton finished business is the vote on the mo- Frelinghuysen Rodgers Walberg Ann Yuille, and their families. Gardner Meehan Walden tion to suspend the rules and pass the The SPEAKER pro tempore (Mr. Garrett Mica Webster bill (H.R. 6190) to direct the Adminis- WALDEN). Members will rise, and mem- Gerlach Miller (FL) West trator of the Environmental Protection bers in the gallery, please rise, and the Gibbs Miller (MI) Westmoreland Agency to allow for the distribution, Gibson Miller, Gary Whitfield House will observe a moment of si- Gingrey (GA) Mulvaney Wilson (SC) sale, and consumption in the United lence. Gohmert Murphy (PA) Wittman States of remaining inventories of

VerDate Mar 15 2010 06:33 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\A12DE7.019 H12DEPT1 smartinez on DSK6TPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — HOUSE H6741 over-the-counter CFC epinephrine in- NAYS—182 my intention to rehash that. But in the halers, on which the yeas and nays Ackerman Gutierrez Olver course of a discussion, which was fairly were ordered. Adams Hahn Owens spirited, I accused the gentleman from Amash Hanabusa Pallone Texas (Mr. HENSARLING) of having said The Clerk read the title of the bill. Amodei Hastings (FL) Pastor (AZ) Andrews Hayworth Paulsen something that wasn’t accurate. I have The SPEAKER pro tempore. The Baca Heck Payne had a conversation with Mr. HEN- question is on the motion offered by Baldwin Heinrich Pelosi SARLING, and I believe I said that un- the gentleman from Texas (Mr. BUR- Barber Higgins Perlmutter Bass (CA) Himes fairly to him. GESS) that the House suspend the rules Pingree (ME) Becerra Hinchey Polis I continue to be critical of what hap- and pass the bill. Berkley Hinojosa Price (NC) pened, and again I don’t want to get Berman Hirono Quigley This is a 5-minute vote. Bishop (GA) Hochul into it, but I now believe that I inac- Rahall curately imputed the complaints that I The vote was taken by electronic de- Bishop (NY) Holt Rangel Blumenauer Honda vice, and there were—yeas 229, nays Ribble had and the actions to the gentleman Bonamici Hoyer Richardson from Texas (Mr. HENSARLING). So I 182, not voting 20, as follows: Boswell Hurt Roby wish to apologize to him for having in- Brady (PA) Israel Rooney [Roll No. 623] Braley (IA) Jackson Lee Ross (FL) accurately accused him of doing some- Brown (FL) (TX) Rothman (NJ) thing that he informs me that he did YEAS—229 Butterfield Johnson (GA) Roybal-Allard Capito Johnson, E. B. not do, and I believe him. Aderholt Garrett Olson Ruppersberger Capps Jordan Alexander Gibbs Palazzo Rush f Carnahan Kaptur Altmire Gingrey (GA) Pascrell Sa´ nchez, Linda Carney Keating AMERICA’S SUPPORT SHOULD LIE Bachmann Gohmert Paul T. Carson (IN) Kind Bachus Goodlatte Pearce Sarbanes WITH THE SAHRAWI PEOPLE Cassidy Kucinich Barletta Gosar Peters Schakowsky Castor (FL) Labrador (Mr. RIVERA asked and was given Barrow Gowdy Peterson Schiff Chaffetz Langevin permission to address the House for 1 Barton (TX) Granger Petri Schrader Bass (NH) Graves (GA) Chandler Larsen (WA) Platts Schwartz minute and to revise and extend his re- Benishek Graves (MO) Poe (TX) Chu Lee (CA) Scott (VA) marks.) Berg Green, Gene Pompeo Cicilline Levin Scott, David Biggert Griffith (VA) Posey Clarke (MI) Lewis (GA) Mr. RIVERA. Mr. Speaker, like all of Serrano Bilbray Grimm Price (GA) Clarke (NY) Lipinski Sewell us in Congress, I believe in the great- Bilirakis Guinta Quayle Cohen Loebsack Sherman ness of the American people and the Bishop (UT) Guthrie Reed Connolly (VA) Lofgren, Zoe Sires Black Hall Rehberg Conyers Lowey preeminence of our principles and Slaughter Blackburn Hanna Reichert Cooper Luetkemeyer rights that have made America a bea- Smith (WA) Bonner Harper Renacci Courtney Luja´ n Speier con of hope and freedom, but there are Boren Harris Richmond Crenshaw Lummis Stark still many around the world who yearn Boustany Hartzler Rigell Cummings Lynch Brady (TX) Hastings (WA) Rivera Davis (CA) Maloney Sutton for basic human liberties. Brooks Hensarling Roe (TN) Davis (IL) Markey Thompson (CA) The Sahrawi people of Western Sa- Broun (GA) Herger Rogers (AL) DeGette Matsui Thompson (MS) hara have been trapped in oppressive Buchanan Herrera Beutler Rogers (KY) DeLauro McCarthy (NY) Tierney Bucshon Huelskamp Rogers (MI) DelBene McCollum Tonko conditions for over 30 years, with the Buerkle Huizenga (MI) Rohrabacher Deutch McDermott Tsongas support of the corrupt Algerian Gov- Burgess Hultgren Rokita Doggett McGovern Van Hollen ernment and its puppet regime, the Vela´ zquez Calvert Hunter Ros-Lehtinen Dold McNerney Polisario Front. Camp Issa Roskam Edwards Meehan Visclosky Campbell Jenkins Royce Ellison Meeks Walz (MN) The Polisario Front has instituted Canseco Johnson (OH) Runyan Farr Michaud Wasserman mass kidnappings of Sahrawis from Cantor Johnson, Sam Ryan (OH) Fattah Miller (FL) Schultz their homes into the Tindouf region in Capuano Jones Ryan (WI) Fitzpatrick Miller (NC) Watt Carter Kelly Sanchez, Loretta Frank (MA) Miller, George Waxman western Algeria. The majority of these Chabot Kildee Scalise Fudge Moore Welch refugees have remained warehoused Clay King (IA) Schilling Garamendi Moran Westmoreland and imprisoned in Tindouf’s sprawling Cleaver King (NY) Schmidt Gerlach Murphy (CT) Wilson (FL) camps for 35 years. Clyburn Kingston Schock Gibson Nadler Woodall Coble Kinzinger (IL) Schweikert Gonzalez Napolitano Woolsey The Polisario collaborates with the Coffman (CO) Kissell Scott (SC) Green, Al Neal Yarmuth likes of Cuba, whose military rations Cole Kline Scott, Austin Grijalva Nugent Young (FL) food in the camps in exchange for loy- Conaway Lamborn Sensenbrenner alty to the regime and indoctrinates Costa Lance Sessions NOT VOTING—20 Cravaack Landry Shimkus Akin Eshoo Nunnelee children who have been stolen from Crawford Lankford Shuler Austria Gallegly Pence their parents, all while partnering with Critz Larson (CT) Shuster Bartlett Griffin (AR) Pitts al Qaeda and the Maghreb. Crowley Latham Simpson Bono Mack Holden Reyes The Government of Morocco has ad- Cuellar LaTourette Smith (NE) Burton (IN) Johnson (IL) Ross (AR) Culberson Latta Smith (NJ) Costello Mack Waters vanced an autonomy plan, which I will Curson (MI) Lewis (CA) Smith (TX) Dicks McCarthy (CA) submit at a later time, that addresses DeFazio LoBiondo Southerland these issues with a clear and demo- Denham Long Stearns ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Dent Lucas Stivers The SPEAKER pro tempore (during cratic solution to the long, drawn-out DesJarlais Lungren, Daniel Stutzman the vote). There are 2 minutes remain- Sahara crisis. This is where America’s Diaz-Balart E. Sullivan ing. support should lie. Dingell Manzullo Terry Mr. Speaker, the United States can Donnelly (IN) Marchant Thompson (PA) b 1716 Doyle Marino Thornberry and must continue to advance funda- Dreier Massie Tiberi So (two-thirds not being in the af- mental human rights, freedom, and de- Duffy Matheson Tipton firmative) the motion was rejected. mocracy as we, in this Chamber, con- Duncan (SC) McCaul Towns Duncan (TN) McClintock Turner (NY) The result of the vote was announced tinue to work together for peace, jus- Ellmers McHenry Turner (OH) as above recorded. tice, and human dignity in the Western Emerson McIntyre Upton f Sahara. Engel McKeon Walberg Farenthold McKinley Walden APOLOGY TO MR. HENSARLING f Fincher McMorris Walsh (IL) Flake Rodgers Webster (Mr. FRANK of Massachusetts asked RECOGNIZING DEPARTING MEM- Fleischmann Mica West and was given permission to address BERS OF THE CALIFORNIA DELE- Fleming Miller (MI) Whitfield GATION Flores Miller, Gary Wilson (SC) the House for 1 minute.) Forbes Mulvaney Wittman Mr. FRANK of Massachusetts. Mr. The SPEAKER pro tempore (Mr. Fortenberry Murphy (PA) Wolf Speaker, earlier this year I was very PALAZZO). Under the Speaker’s an- Foxx Myrick Womack critical of some actions that were nounced policy of January 5, 2011, the Franks (AZ) Neugebauer Yoder Frelinghuysen Noem Young (AK) taken by the Republican leadership in- gentleman from California (Mr. Gardner Nunes Young (IN) volving sponsorship of a bill. It is not GEORGE MILLER) is recognized for 60

VerDate Mar 15 2010 06:33 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K12DE7.080 H12DEPT1 smartinez on DSK6TPTVN1PROD with H6742 CONGRESSIONAL RECORD — HOUSE December 12, 2012 minutes as the designee of the minor- Also, I want to recognize Mr. BER- work of an outstanding Democrat on ity leader. MAN’s work on behalf of immigration the Subcommittee on Workforce Pro- Mr. GEORGE MILLER of California. and the treatment of those who have tections of the Education and the Mr. Speaker, I rise today with my col- immigrated to this country and his Workforce Committee, Congresswoman leagues to pay special tribute to sev- work on behalf of migrant workers and LYNN WOOLSEY. eral members of the California Demo- farm workers all across the United Congresswoman WOOLSEY is a friend cratic delegation whose service in Con- States. For that effort, he received the of working families everywhere. She gress is shortly coming to an end. first annual Farmworker Justice knows her struggles. Four decades ago, These six members served this House Award by the Farmworker Justice she was a single working mother who and their constituents with distinction Fund in 2000. was supporting three children. She and dedication, and they deserve our Like Mr. BERMAN, our dean, Con- knows what it is like to worry about admiration and gratitude for the hard gressman PETE STARK, has spent his the economic security of families. work that they have done on behalf of entire distinguished career in Congress Later, as a human resources manager, California and our country: Represent- advocating on behalf of those whose she saw how important employee bene- ative JOE BACA, who was elected in voices were often drowned out in Wash- fits were to workers in good times and 2002, served for 10 years from the 43rd ington by the influence of the moneyed in bad—things that working families Congressional District; Representative interests. are still fighting for, like paid leave, HOWARD BERMAN, who was elected in Over the last 40 years, Congressman paid sick leave, a secure retirement, 1982, served for 30 years, most recently STARK has been one of the foremost ad- and health care. from the 28th District; Representative vocates in the effort to ensure that all Serving as chair and ranking member Bob Filner, sworn in this month as Americans are able to access quality, of the Workforce Protections Sub- mayor of San Diego, was elected in 1992 affordable health insurance. I am hon- committee, LYNN WOOLSEY was instru- and served for 20 years from the 51st ored to have been one of the three prin- mental in helping to get the Lilly District; Representative LAURA RICH- cipal coauthors in the House of the his- Ledbetter Fair Pay Act signed into ARDSON was elected in 2007 and served toric Affordable Care Act, which will law, and she successfully fought for for 5 years from the 37th District; Rep- provide access to quality insurance for new family leave protections for mili- resentative PETE STARK, the outgoing nearly every single American. I can tary families dealing with a military dean of our delegation, was elected in personally attest to the critical and deployment or injury. LYNN WOOLSEY 1972, and served for more than 40 years key role that Mr. STARK played in was a partner to ensure that coal min- from the 13th District; and Representa- drafting that law and making sure that ers are kept safe and healthy on the tive LYNN WOOLSEY, who was elected in the law provides needed relief for work- job. She even went underground in the 1992 and served for 20 years for the ing families. coal mine with our late colleague Don- Sixth Congressional District. This was a crucial accomplishment, ald Payne in order to acquire firsthand b 1730 yet it was far from Mr. STARK’s only knowledge of how the workplace works There is much that can be said about accomplishment in the field of health and the environment in which those the distinguished careers of our depart- care. As the former chair and ranking miners go to work every day. ing colleagues, but I’d like to offer a Democrat on the Ways and Means In the classroom, LYNN WOOLSEY con- few remarks about the work that I Health Subcommittee for many years, tinued to fight for women and working have personally joined them in during he was a leader on health care reform. families. She was a tough advocate, their time here in the Congress. He was the lead author of the origi- making sure that women were rep- Representative HOWARD BERMAN has nal COBRA insurance bill, which en- resented in the STEM field careers and served in the House for 30 years, and I sured that workers faced with losing that young women had access to the am honored to name him among my their jobs would not also immediately sciences and to technology and to math closest friends in this body. During his lose access to needed health insurance. and to engineering. LYNN WOOLSEY service, he has worked on a wide vari- Those of us who have gone through this worked to ensure that kids had access ety of issues, but he was especially recent downturn and recession in this to an early education, to a well-round- known as the champion of human country know from the testimony of ed curriculum, and to services that met rights and for standing up for the mid- our constituents how vital the access their social and emotional needs. dle class, for the working class, and for to COBRA health insurance is to the American families have benefited the poor in our country. health security of their families and to from LYNN WOOLSEY’s fierce advocacy. As the chair of the Foreign Affairs the financial security of their families. That’s our advocate, LYNN. I will miss Committee from 2007 to 2010, Mr. BER- He also pioneered the efforts to make her contributions on the Education MAN made great progress on behalf of modern IT systems available and ac- Committee in the years to come. the less fortunate. He was a leader in quired within the health care systems She has also fought tirelessly to pro- securing the reauthorization of our of this country that will help us im- tect the environment, most especially global HIV/AIDS program to help pro- prove the outcomes of health care and the Marin and Sonoma Coast and the vide access and preventative services that will, hopefully, drive down the San Francisco Bay. Hopefully, the and treatment for millions around the cost of health care, allowing for the President will follow her lead and will globe. He also authored legislation re- provision of better care for patients. designate further protections of our moving Nelson Mandela and other He, I think along with Sam Gibbons ocean and marine habitat in that area members of the African National Con- from Florida, pioneered the idea that of our very precious coast. gress from the U.S. terrorism list, on there should be Medicare for all. He I, for one, am very grateful to these which they had been unjustly placed beat on that drum for a very long time, Members for the work that they have for many years. Finally, he was a lead- and it was the right drum to beat on. It done for America’s middle class and for er in raising concerns about human wasn’t achieved, but it did lead to the those who struggle to join our middle rights abuses by autocratic govern- improvement of health care and to the class, for the work that they have done ments around the world. Particularly, passage of the Affordable Care Act. on behalf of their constituents and on he was a key leader in bringing addi- He has also been, obviously, a fear- behalf of the citizens of this country. tional disclosure to the trade in con- less campaigner on behalf of fairness in They all came here to achieve success flict minerals that has financed the on- our Tax Code. It’s unfortunate that he on behalf of their constituents and on going violence in the Congo. is retiring from the Congress. Since behalf of this country, and they have Mr. BERMAN will be remembered as a 1986, we’ve addressed this issue, and succeeded. I want to thank them so strong friend of Israel. He was pas- maybe there will finally be a chance to very much for their service, for their sionate about the need to achieve a get something done in the next Con- sacrifice, for their ingenuity, for their lasting peace in the Middle East, and gress, but he paved the way on so many innovation, and I would say, with re- through his work, he forged a broader of these issues. gard to these three, for their spirited, coalition on behalf of Israel in the Finally, in my remarks at this mo- tough, harsh, relentless pursuit of what House of Representatives. ment, I would like to highlight the they believed in terms of public policy.

VerDate Mar 15 2010 06:33 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K12DE7.085 H12DEPT1 smartinez on DSK6TPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — HOUSE H6743 On my own behalf, on behalf of our establish a more humane immigration system. Serving as the chair and ranking member of delegation, and on behalf of the tens of He has fought to ensure that people who the Workforce Protections Subcommittee, millions of constituents that we rep- come to our country in search of a better life Rep. WOOLSEY was instrumental in helping to resent in California, I want to thank and to achieve the American Dream are treat- get the Lilly Ledbetter Fair Pay Act signed into Representatives BACA, BERMAN, Filner, ed with respect and are given the opportunity law and successfully fought for new family RICHARDSON, STARK, and WOOLSEY for to use their talents to better themselves and leave protections for military families dealing their service and their dedication. their communities. with a military deployment or injury. Mr. Speaker, I rise today with my colleagues For these efforts, he was appropriately Rep. WOOLSEY was a partner to ensure min- to pay a special tribute to several members of awarded the First Annual Farmworker Justice ers are kept safe and healthy on the job. She the California Democratic Congressional Dele- Award by the Farmworker Justice Fund in even went underground in a coal mine with gation whose service in Congress is shortly 2000. our late-colleague Rep. Donald Payne to ac- coming to an end. Like Mr. BERMAN, our Dean, Mr. STARK has quire first-hand knowledge of how that work- These six Members served this House and spent his entire distinguished career in Con- place works. their constituents with distinction and dedica- gress advocating on behalf of those whose In the classroom, Rep. WOOLSEY continued tion and they deserve our admiration and grat- voices are too often drowned out in Wash- to fight for women and working families. She itude for the hard work that they have done on ington by the influence of the moneyed inter- advocated for women to be represented in behalf of California and our country. ests. STEM careers. And, Rep. WOOLSEY worked to Rep. JOE BACA, who was elected in 2002 Over the last 40 years, Mr. STARK has been ensure kids had access to an early education, and served for 10 years from the 43rd Con- one of the foremost advocates in the effort to a well-rounded curriculum, and services that gressional District; Rep. HOWARD BERMAN, ensure that all Americans are able to access met their social and emotional needs. who was elected in 1982 and served for 30 quality, affordable health insurance. I am hon- American families have benefited from Rep. years, most recently from the 28th District; ored to have been one of the three principal LYNN WOOLSEY’s fierce advocacy but I will Rep. Bob Filner, sworn in this month as mayor co-authors in the House of the historic Afford- miss her contributions on the Education and of San Diego and who was elected in 1992, able Care Act, which will provide access to Workforce Committee in the years to come. served for 20 years from the 51st District; quality insurance for nearly every single Amer- She has also fought tirelessly to protect the Rep. LAURA RICHARDSON, who was elected in icans. I can personally attest to the critical and environment, most especially the Marin and 2007 and served for five years from the 37th key role that Mr. STARK played in drafting that Sonoma coast and the San Francisco Bay. District; Rep. PETE STARK, the outgoing dean law and making sure that the law provides She worked to protect our oceans and marine of our delegation, who was elected in 1972 needed relief for working families. habitat—and to support all of the jobs that are and served for 40 years from the 13th District; That was a crucial accomplishment, yet it associated with a healthy ocean and thriving and Rep. LYNN WOOLSEY, who was elected in was far from Mr. STARK’s only accomplishment fisheries. And she has been a great partner in 1992 and served for 20 years from the 6th in the health care field. As the former chair our efforts to ensure that California’s rivers Congressional District. and ranking Democrat on the Ways and and the Bay-Delta are managed sustainably. There is much that could be said about the Means Health Subcommittee for many years, I, for one, am grateful to these Members for distinguished careers of these departing col- he has been a leader on health care reform. the work they have done for America’s middle leagues, but I would like to offer a few re- He was the lead author of the original class and for those who struggle to join it. marks about the work that I have personally COBRA insurance bill, which ensured that The wealthy and powerful have always had joined them in doing. workers faced with losing their jobs would not a lot of friends in Washington. Apparently it is Mr. BERMAN has served in the House for 30 also immediately lose access to needed health not hard to be on their side. But the middle years and I am honored to name him among insurance. Additionally, his legislation to im- class and the working class and the poor have my closest friends in this body. prove our health IT system was incorporated not always been so lucky, not always ending During his service, he has worked on a wide into the 2009 Recovery Act, which is already up on the winning side of the ledger in Wash- variety of issues, but he is especially known helping improve the cost and quality of health ington Policy fights. But they should know that as a champion for human rights and for stand- care in communities across the country. these departing Members have always fought ing up for the middle class, for the working And he founded the idea of using Medicare for what is right for our economy and for our class and for the poor in our country. as a model for national health insurance for all country. As the Chair of the Foreign Affairs Com- Americans, not just for seniors. He was ahead On my own behalf, and on behalf of our del- mittee in 2007 through 2010, Mr. BERMAN of his time when he first proposed this idea egation and the tens of millions of constituents made great progress on behalf of the less for- but he was right on track. we represent in California, I thank Reps. tunate. He was a leader in securing reauthor- Mr. STARK has also been a champion on the BACA, BERMAN, Filner, RICHARDSON, STARK ization of our global HIV/AIDS program to help Ways and Means Committee for tax fairness. and WOOLSEY for their service and their dedi- provide access to preventative services and He was one of the leaders in shaping the bi- cation. treatment for millions around the globe. partisan, landmark 1986 tax reform bill. Ever It is my pleasure to recognize other mem- He also authored legislation removing Nel- since, he has been a leader in keeping up the bers of our delegation who wish to speak this son Mandela and other members of the Afri- fight to see that that our tax code does not afternoon. can National Congress from the U.S. terrorism benefit Wall Street CEOs at the expense of Now I would like to recognize other list, on which they were unjustly placed on for working families. He will be the first to admit members of our delegation for the pur- many years. that he has not always won those fights, and poses of receiving their remarks. Finally, he has been a leader in raising con- any examination of the tax code that needs to Mr. Honda. cerns about human rights abuses by auto- be reformed is proof of that. But he always Mr. HONDA. Thank you, Mr. Chair- cratic governments around the world. In par- fought for average Americans and he de- man. ticular, he was a key leader in bringing addi- serves our appreciation for doing so. Mr. Speaker, it is with a heavy heart tional disclosure to the trade in conflict min- Finally, I want to highlight the work of the but with great admiration that I rise erals that have financed ongoing violence in outstanding Senior Democrat on the Sub- today to remember and to thank my the Congo. committee on Workforce Protections, Ms. departing California Democratic col- Mr. BERMAN will be remembered as a strong WOOLSEY. leagues whose service will be concluded friend of Israel who was passionate about the Congresswoman WOOLSEY is a friend of at the end of the 112th Congress. need to achieve a lasting peace in the Middle working families everywhere. She knows their PETE STARK, the outgoing dean of our East. His vast knowledge of and experience struggles. Four decades ago, she was a sin- delegation, is well-known for speaking with world affairs has been an asset to Con- gle-working mother, supporting three children. his mind and for standing up for what gress and the Administration and the Amer- She knows what it’s like to worry about the he believes in while giving a voice to ican people and I expect that we will continue economic security of families. Later as a the concerns of many who often feel as to benefit from his experience in the years to human resource manager, she saw how im- though they have none. come. portant employee benefits were for workers in He has helped millions of Americans Meanwhile, Mr. BERMAN has also been a good times and bad. Things that working fami- keep their health insurance coverage leader on a number of issues through his long lies are still fighting for, like paid leave, paid after leaving their jobs. He ensured tenure on the Judiciary Committee. I would sick days, a secure retirement and health that people who visit emergency rooms particularly like to call attention to his efforts to care. receive help regardless of their ability

VerDate Mar 15 2010 06:33 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K12DE7.086 H12DEPT1 smartinez on DSK6TPTVN1PROD with H6744 CONGRESSIONAL RECORD — HOUSE December 12, 2012 to pay, and he promoted innovations in school boards and other elected offices, ticularly those who carry extra bur- health information technology and the but especially since we served together dens themselves. She’s put her heart Affordable Care Act. He enacted legis- in the California State Assembly to the and soul into her work in Congress, and lation to increase the number of com- Halls of Congress. JOE was chairman of it shows. puters in our schools. He has been a the Congressional Hispanic Caucus As I met you early on when I came champion on broad environmental while I was chairman of CAPAC, Con- here, you were kind and befriended me. issues, such as battling ozone depletion gressional Asian Pacific American Cau- I know that you have served your con- and carbon emissions, and he has been cus, and we stood together to fight stituents in the same passionate way, a committed proponent of peace. I am against harmful English-only and anti- and I thank you for the role model honored to be inheriting portions of immigrant legislation and amend- you’ve provided me. PETE’S district in Newark and Fre- ments. We also share a commitment to HOWARD BERMAN has provided an- mont, and hope to continue his legacy protecting the rights of Native Ameri- other kind of role model for me. My of service to those communities. cans, particularly tribal sovereignty. husband, before me, came to Congress, A brief word on his son, ‘‘Fish,’’ who JOE has been a good friend, and I’ll in part, to work on Middle Eastern wrote and had published an op-ed piece miss seeing him regularly on the House issues; and there’s a go-to person in which indicated to the constituents the floor, but perhaps in a couple of years, this Congress that I have always relied true side, the real side, of PETE STARK, we may see him again. upon for advice and support in that his father. I will also miss LAURA RICHARDSON, area, and that’s HOWARD BERMAN. He’s HOWARD BERMAN is widely known as whom I have had the pleasure of work- a Congressperson’s Congressman, in my a leader on Foreign Affairs. What will ing with as a member of CAPAC on opinion. My Human Rights Watch folks stand out in my mind, however, is his anti-bullying issues and in the fight to have held him in such high esteem. help, while chairman of the Committee ensure that LGBT families are recog- It has been a very great honor to on Foreign Affairs, in moving through nized in our immigration laws. serve almost as a neighbor to him. the committee and the House H. Res. Dennis Cardoza, our friend who had With his district in the Central Valley, 121. It was a resolution calling upon the dubious honor of taking over my San Fernando Valley, and mine on the Japan to apologize and to acknowledge office in 503 Cannon when he first got coast, it has been a real joy to have the tragedy endured at the hands of its here as I moved to slightly larger ac- him as a colleague here. I will treasure Imperial Army during World War II by commodations. He was a strong voice always his role in getting me elected over 200,000 women in Asia who were on behalf of his Central Valley con- and also keeping me here. forced into sexual slavery. HOWARD stituents. I also came to Congress from the shares my commitment to achieving We also are bidding farewell to a health care field, and so the name I justice for those who have suffered large number of our California Repub- heard often was Congressman PETE atrocities in the past. His leadership lican colleagues who have served for STARK. He’s been here since the seven- will be missed. I also want to thank many years—BRIAN BILBRAY, MARY ties, knows all about health care and him for his leadership on the issue of BONO MACK, DAVID DREIER, ELTON through all of the intricacies. Pat Tillman, a soldier who, it was said, GALLEGLY, WALLY HERGER, JERRY I’m pleased, Mr. STARK, that you lost his life in a firefight when, in fact, LEWIS, and DAN LUNGREN. While we all have been here through the passage of he was killed through fratricide. I ap- certainly haven’t agreed on many pol- the Affordable Care Act. That’s a preciate that. icy issues over the years, I know that crowning jewel for you and for all of b 1740 they were as committed to their conus. But you’ve been through many LYNN WOOLSEY came to Congress stituents as I am. And I thank all of health care ups and downs through the with a compelling story about how, them, my California colleagues who years. You’ve been a role model for me with a helping hand from her govern- will be leaving at the end of the 112th being on the Ways and Means Com- ment, she was able to raise three chil- Congress, for their service and I wish mittee and in my role on the House En- dren by herself and have a successful them well. ergy and Commerce Committee. Thank career serving the people of Marin and Mr. GEORGE MILLER of California. you for your service and your friend- Sonoma counties. She has been a tire- If I might inquire of the Chair as to the ship. less voice for family-friendly policies, time remaining. It’s hard to go through this list, Mr. for protecting the coastline of northern The SPEAKER pro tempore. The gen- MILLER. This is a wonderful privilege California, and for bringing our troops tleman has 46 minutes remaining. to say thank you. The countless hours home and ending the misguided wars in Mr. GEORGE MILLER of California. that you could add up for the service to Iraq and Afghanistan. LYNN was a lead- Thank you, and I now recognize Con- constituents and the tremendous leader of the Congressional Progressive gresswoman LOIS CAPPS. ership within this body and these Mem- Caucus, and I call her the mom of the Mrs. CAPPS. I would like to thank bers who have given their all and now Progressive Caucus. With her pas- my colleague, GEORGE MILLER, for set- will not be back in the 113th, it’s im- sionate voice on progressive issues, she ting aside this hour. He just asked portant to say their names and to will be missed. Her leadership will be about the amount of time, and I will honor them and give them credit for missed, and there will be a great vacu- take that to heart as I make my com- what they’ve done. um for us to fill in the future. ments because we could all go on for JOE BACA has been a fixture for the Bob Filner played a central role in great lengths about all of these dear Central Valley and agriculture, as the years-long odyssey to secure a people who won’t be with us in the next someone who has agriculture number measure of justice for Filipino veterans Congress. And I add my congratula- one in my district as well, but we can’t who fought alongside U.S. troops in tions for their service, Republicans and say his name without thinking of the World War II but were denied benefits Democrats, all of us alike, but I will baseball team. There’s much to remem- they earned through their service. speak now for the six of our Demo- ber JOE BACA for, such as his contribu- After the war, the United States Con- cratic colleagues who will not come tions in agriculture and on the Finan- gress broke the promise it had made to back. cial Services Committee as well. these veterans. For decades to follow, I want to start with our dear friend, My former colleague now, Bob Filner, they struggled to secure fair treatment LYNN WOOLSEY, to whom I get com- who has already assumed another posi- similar to that afforded to the men pared. My progressive constituents tion within our government as mayor who fought alongside them. As chair- often say to me, Now, LOIS, why don’t of San Diego. When I think of Bob Fil- man of the Veterans’ Affairs Com- you vote more like LYNN WOOLSEY? ner, I think of veterans’ issues, and mittee, Bob Filner was in the middle of She was one of the first people I met. also the fact that he was a college pro- this fight. I wish him well as he moves Her story is compelling as a woman fessor before he came to Congress, as on to a new phase of his service to the Member of Congress. I don’t know how my husband was, and they reached out people of San Diego. it would be to raise kids by yourself. to each other in that capacity. He has JOSE BACA, or JOE BACA, has been a She is a good voice and advocate for all worked hard on veterans’ issue. I have friend of mine for a long time, since mothers, all working families, and par- about 50,000 veterans in my district. So

VerDate Mar 15 2010 06:33 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K12DE7.084 H12DEPT1 smartinez on DSK6TPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — HOUSE H6745 the GI bill is often something I can eral Government and brought the gov- nancial Services Committee to advance give him credit for but also work with ernment to the people of his district. the needs of the most vulnerable Amer- my veterans with. So the East Bay thanks you, Con- icans. He also consistently has played a Finally, LAURA RICHARDSON. When I gressman STARK, northern California role in raising funding levels for food think of LAURA, it’s my daughter’s thanks you, and our entire delegation stamps and nutrition programs to feed name, but I also think of her beautiful thanks you for so many years of great over 44 million hungry Americans. singing voice. I know that I shouldn’t public service. As a member and former chair of the say that first to my colleague who has I was fortunate to be on the House Congressional Hispanic Caucus, he was shown tremendous leadership within Foreign Affairs Committee with Chair- a powerful voice against anti-immi- Congress as well, but she’ll take her man HOWARD BERMAN, and I tell you, grant laws and always worked to build beautiful voice with her. I have been HOWARD BERMAN’s understanding of bridges on the reality of our history as able to work with LAURA on transpor- global affairs is unmatched. a Nation of immigrants and not based tation issues as they relate particu- Also, I just have to say, he was such on ideology and rhetoric. larly to our ports because she is known a tremendous asset in our global fight We’ll all miss his principled leader- for her work with the Port of Long against HIV and AIDS, and really got ship and his passion for serving as a Beach, and I have ports in my district it so early and helped us negotiate and voice for the voiceless in Congress. as well. She also will be missed on the put together the bills that have been so And my fellow Congressional Black women’s softball team. successful in moving us towards an Caucus member, Congresswoman We are friends here. We are col- AIDS-free generation. LAURA RICHARDSON. She has many ac- leagues here. We bring our human I just also have to say with regard to complishments in her brief time here qualities, and we bring our leadership Chairman BERMAN, I appreciate his in Congress. She’s worked so hard to skills. The California delegation makes fairness and his objectivity and his improve our Nation’s transportation me proud every day, and in the next commitment to global peace and secu- infrastructure, has been an advocate Congress, it will be the memories and rity. It’s really an honor to have served for the inclusion of minority and the service that has been given to us with him, and I’m going to miss him women-owned businesses, and has from these colleagues of ours. That’s because I truly honor him as my friend. opened up economic opportunities and why I thank you, Mr. MILLER, for set- And I know all of us are going to miss strengthened our schools. ting aside this hour for us to share our him, but I know that we will work with I know that she’s going to move for- thoughts. Thank you. him in the future on so many issues ward to make more contributions in Mr. GEORGE MILLER of California. that he cares about. public service because she’s focused Thank you. Congressman Filner is leaving a and a dedicated elected official. Before I yield, I turned around and strong legacy of support for our Na- Finally, I just have to pay tribute to saw that Andrew and Fish and Hannah tion’s veterans, who have benefited tre- my sister-in-arms, Congresswoman are here, so welcome the Stark kids. mendously from his intricate knowl- LYNN WOOLSEY. And I can’t say what a I yield now to Congresswoman BAR- edge and impassioned advocacy. Also, I bittersweet season this is in seeing you BARA LEE. just have to remind us that Congress- leave after so many years of working Ms. LEE of California. Thank you man Filner was a Freedom Rider dur- hand-in-hand on behalf of peace. very much. I, too, want to thank you, ing the civil rights movement, and he I just have to say that LYNN WOOLSEY Congressman MILLER, for yielding me brought the spirit of justice to his has finally made sure that this body time and for organizing this Special work here in Congress. recognizes that peace is patriotic, and Order tonight. Congressman Filner has done an ex- she’s spoken 444 times on the floor as it First to Congressman PETE STARK, emplary job as ranking member and relates to the need to bring our young who’s our departing dean of the Cali- chair of the Veteran’s Affairs Com- men and women home, and I look for- fornia delegation, Congressman STARK mittee, as we have heard earlier. And ward to our continuing work. represents a district right next door to our entire caucus can be proud of his She’s been a role model for me, and I my district in the East Bay of Cali- outstanding leadership on that com- just have to say, finally, in conclusion, fornia, northern California. I have to mittee. As the daughter of a veteran, that she understands personally the say that I have known Congressman you know, I understand very deeply importance of safety nets. And she STARK since I was the president of the those obligations that our Nation has brought the House the perspective that Black Student Union at Mills College to those men and women who have comes from relying on public assist- in the early seventies. I’ll never forget served. ance during lean times in her life. this. I wrote my then-Congressman I had the privilege and the honor to She gave me the courage to talk pub- STARK a letter on behalf of the stu- help Bob in his campaign, so I’ve been licly about my time on public assist- dents at Mills College with a request, in San Diego with Bob. And I tell you, ance, which was so difficult for me be- and he responded so quickly and ad- the love and the affection that his con- fore LYNN’S encouragement. hered and replied to that request in a stituents have for Congressman Filner So, to all of our departing California positive way. So on behalf of all of is just really unparalleled. Members, I’m going to miss all of you those students then, Congressman I want to congratulate him for his so much, but I know we’ll see you at STARK, and on behalf of myself today, I magnificent win. It was a tough cam- home, and you’re going to continue to just want to say thank you. Thank you paign, but he did an unbelievable job, fight the good fight. for demonstrating what exemplary con- and that’s because people in his dis- Mr. GEORGE MILLER of California. stituent service was all about. trict really knew him, and he had pro- I’d like now to recognize Congress- vided the level of services that allowed woman DORIS MATSUI. b 1750 him to be elected now, as we will call Ms. MATSUI. I’d like to thank the I think I’ve known Congressman him very soon, Mayor Filner. gentleman from California (Mr. MIL- STARK probably longer than most JOE BACA, Congressman BACA really LER) for yielding time to me and for Members here because I had the privi- has been a voice for the poor and the bringing us together. lege to work with the great statesman, underserved during his entire career, Mr. Speaker, when the 113th Congress Congressman Ron Dellums, and got to not only here in Congress, but in the starts next year we’ll be greeting many know Congressman STARK during that California legislature. I was privileged new colleagues, and that means we’ll period. to work with JOE on many, many have to say goodbye to some of our Our districts, we’re so proud to rep- issues, and he has been a consistent current colleagues, both Republican resent. We always say we have some of voice, both in the California legislature and Democrat. the most outspoken and well-informed and now here in Congress, for pro- The California Democratic Congres- and engaged people in this Nation. And tecting low-income families from un- sional Delegation is saying goodbye to Congressman STARK certainly has been fair, predatory credit practices. six members: Representatives STARK, at the forefront of making sure that He’s used his seat on the House Agri- BERMAN, WOOLSEY, Filner, BACA, and his district became closer to our Fed- culture Committee and the House Fi- RICHARDSON. While in Congress, these

VerDate Mar 15 2010 06:33 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K12DE7.088 H12DEPT1 smartinez on DSK6TPTVN1PROD with H6746 CONGRESSIONAL RECORD — HOUSE December 12, 2012 Members served as strong advocates for is strong. During their time in office, HOWARD, we will all miss you in a their constituents, for California, and these Members have been esteemed col- very, very deep and special way. This for our country. leagues, and it has been an honor to House will miss you because you For their many years of service, work alongside of them. Their knowl- brought honor to it in everything that these six Members have amassed a edge, passion, and commitment to pub- you have done. So it is bittersweet. No, depth of institutional knowledge that lic service will be greatly missed in it’s just bitter. There isn’t any sweet- will be missed come next Congress. these Halls. And I wish to thank each ness to it. When I speak of you, I really First of all, I want to pay tribute to of them for their service and wish them can’t bring enough words to one of the my good friend, Congressman HOWARD the best in their next adventure. most distinguished records over 30 BERMAN. HOWARD BERMAN has served years that any Member of Congress b 1800 for 30 years. I first met HOWARD when could ever put together, and that the he was living in my hometown of Sac- Mr. GEORGE MILLER of California. American people thank you and free- ramento. He was serving in the State I now yield to Congresswoman ANNA dom-lovers and human rights advo- legislature at the time. His daughter, ESHOO. cates around the world appreciate and Brinley, and my son, Brian, were in Ms. ESHOO. I want to thank the gen- bless your name. And I know that, to- prekindergarten together, so we would tleman from California, my dear friend gether with Janis, Brinley, and see each other as we dropped off our Mr. MILLER, for organizing this Special Lindsey, you haven’t seen the last of kids. Little did we know then that we Order tonight so that we can take some us. We’re going to keep coming after would end up being friends, both serv- time, which is the most precious thing, you. ing here in Congress. really, that God gives us, is time, and To LYNN WOOLSEY, my classmate, we You know, we’ve all learned a lot pay tribute to our colleagues who have came here and we couldn’t even find from HOWARD. We’ve learned to depend spent their time being giants in terms our way to the credit union, we were so on him, his counsel, and his advice. His of representation and fighting on be- terrified. But together we came. LYNN knowledge and leadership, particularly half of their constituents, bringing has brought an exceptional voice to on foreign affairs, have been invaluable honor to the House of Representatives families and to women, so often women to Congress. His absence from this and to our country—some of the best heading up those families. And she Chamber will be strongly felt, and he exports of the Bay Area and our State spoke through the prism of her own ex- will be sorely missed, but will forever of California. perience, which is the most powerful be a friend. I want to start with the dean of our story that anyone can ever tell. No one Congresswoman LYNN WOOLSEY has delegation, Congressman PETE STARK. could ever say to LYNN WOOLSEY, You been a strong advocate—I wouldn’t say We salute you, PETE, for all that you don’t know what you’re talking about. harsh—strong, for families during her have given and done. It’s an extraor- Because they knew that she lived it, time in Congress. She was also one of dinary record of 40 years in the House that she had experienced it. And she the founding members of the Out of of Representatives. Your name has came here to change so many women’s Iraq Caucus, where she acted as a lead- been synonymous with health care con- lives and the lives of families in terms ing proponent of bringing our brave sistently for all of that period of time; of education for women and girls and servicemen and -women home from for fighting for a place in that health for stronger family benefits. I could go on and on. She brought war. Congressman WOOLSEY fought for care system for people that are un- great voice and vision to the unfortu- those whose voices were often not known to so many in our society and nate policy—the march to folly—when heard, and her advocacy and spirit will rejected. You have made room for them we invaded Iraq. She came to this floor be very much missed. in the emergency room and wrote a law over 100 times to speak against that in- As the dean of the California Demo- that no one would be mistreated. In vasion. We are all in her debt for her cratic Congressional Delegation, Con- fact, they had to be treated before they conscience, for her integrity, for her gressman PETE STARK has been a lead- were asked whether they had health in- wonderful voice, for her friendship, and er and a mentor to many Members surance or not. for her love of the environment of the from California over the years. He has Your record is replete with great and coast of California, which if there is been a champion on health care issues good things. On behalf of your con- ever the magical touch of Almighty for a very long time, and his work on stituents, on behalf of those that so God, you see it there. She has called on the Affordable Care Act improved the much of society has overlooked, I know that those blessings will come back to the President and the Congress to law and helped ensure all Americans make sure the protections will be there access to quality, affordable health you in a very rich and meaningful way as you depart this place. We will miss in perpetuity. We will remember you in care. We’ll always remember his very perpetuity. I ask that every blessing important contribution. you. I thank you for your personal kindnesses and for all the wonderful you have brought to your constituents Congressman Bob Filner was the in this House will come back to you. things that you have done. The Bay ranking member of the Committee on To Bob Filner, to JOE BACA, LAURA Area delegation will miss you enor- Veterans Affairs and dedicated his ca- RICHARDSON, Dennis Cardoza, and to mously. reer to helping ensure our returning our Republican colleagues JERRY Next, I want to pay tribute to Con- veterans have the services they need LEWIS, ELTON GALLEGLY, WALLY HER- gressman HOWARD BERMAN. This is and were promised before serving our GER, MARY BONO MACK, BRIAN BILBRAY, really hard to do. Congressman BER- country. We’ll miss him here in Con- DAN LUNGREN, and DAVID DREIER, we gress, but I know he’ll make a mark as MAN’s name is synonymous with the thank you. I thank you for your service mayor in the city of San Diego. following: with farm workers and their to the people of this country in this, JOE BACA has been a strong advocate rights and with human rights around the House of the people, the magnifi- for California’s expansive agriculture the world. Anyone that has met and cent House of Representatives. industry while in Congress. He has worked with him respects him. It mat- Mr. GEORGE MILLER of California. worked tirelessly on behalf of the ters not what side of the aisle they I would like to now to yield to the workers themselves, making sure they have ever come from or what country Democratic leader, Congresswoman receive the civil and legal rights they they come from or what agency they NANCY PELOSI. deserve. have worked in. HOWARD BERMAN has Ms. PELOSI. I thank you for yield- Congresswoman LAURA RICHARDSON been an indispensable Member of this ing, Mr. MILLER. I know that we have a has worked hard to keep America safe Chamber. When he took over the lead- time limitation so I will begin by asso- as a member of the Homeland Security ership of the Foreign Relations Com- ciating myself with the remarks of Committee. Her commitment to the mittee, we saw a new and inspired lead- Congresswoman ANNA ESHOO, who safety and security of our country and ership there demanding a recognition spoke so beautifully and knowledge- her constituents was unwavering, and of the Armenian genocide. He served as ably about our colleagues from Cali- she will be missed next year. the original cosponsor of that legisla- fornia who are leaving. California is a large State with many tion. His record is replete with distinc- I rise today to thank all my col- needs and priorities, but our delegation tion. leagues who are our friends and our

VerDate Mar 15 2010 06:33 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K12DE7.090 H12DEPT1 smartinez on DSK6TPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — HOUSE H6747 partners from the great State of Cali- building our infrastructure, advancing You’ve heard from a lot of my col- fornia. The Members we honor in this the dream of high-speed rail, securing leagues. I think what is interesting Special Order demonstrate the extraor- our borders, and protecting our envi- about this moment in history is this is dinary diversity of our great Golden ronment. We wish her well as she goes probably the largest retirement ever of State. They hale from northern and forward. any delegation at any one time. Cali- southern California, from the Bay Area Congressman BERMAN—we go from B fornia is losing 25 percent of its incum- to the greater Los Angeles area to San to W, BERMAN to WOOLSEY, and every bent delegation, seven Republicans and Diego. They bring California’s wide wonderful thing in between. Congress- seven Democrats. That’s 14 people that range of interests and aspirations to man BERMAN’s imprint can be found on have been here. Of the seven Demo- the floor of the House every day. Work- legislation across the broad spectrum crats, they were here for historical mo- ing side by side with the entire Cali- of issues before the House. Many of us ments—of electing NANCY PELOSI from fornia delegation, their service has knew him long before he came to Con- California, the first woman Speaker of strengthened the Golden State. The gress, knew of his work, working with the House of Representatives; and here commitment of our departing Members the farmworkers, working in labor law to pass the first-in-history comprehen- has strengthened the Congress. Their to protect the rights of workers. sive health care bill, led by Califor- achievements have advanced the char- In two particular areas, his expertise nians, I might add, and led by the dean acter of our country. Each of these is simply unsurpassed. He is a true ex- of our delegation, PETE STARK. Members has brought a unique voice to pert on international relations, a past PETE STARK is one of the oldest, the table. Yet each shares the same chairman of the Foreign Affairs Com- longest serving Members of Congress. core values: a devotion to public serv- mittee, ranking member now; a cham- He has been here 40 years. I think there ice, a dedication to opportunity, a be- pion of aid to Israel; the fight against are only two, three people that have lief and a promise of America. HIV/AIDS; and the toughest Iran sanc- served here longer. He’s watched this Congresswoman LYNN WOOLSEY spent tions in the history of our country. He delegation come and go since 1973. He her career fighting to improve the edu- is a senior member of the Judiciary is here tonight with his beautiful fam- cation of our children, the economic Committee who, it is safe to say, un- ily. security of their families, and the pro- derstands intellectual property, under- PETE, of all the people coming into tection of our workers, as well as our stands its importance. It is even men- Congress, is the only one that just coastline, as Congresswoman ESHOO tioned in our Constitution. He under- came right from the private sector. mentioned. With her departure—I stands the challenges and the opportu- Most of us got elected to the local and won’t say retirement, because she is nities it presents. In every venue and State governments, but PETE came not a retiring person—the Bay Area every arena, he has been a proud advo- here with a background in MIT, in en- loses a powerful advocate in Congress cate for Los Angeles and California, a gineering, and then a degree from and the Nation loses a tireless progres- cherished leader for the entire House. Berkeley in business administration. In sive leader. It was, I think, Mr. MILLER JOE BACA is a lifelong public servant. 1963, he founded the Security National said 400 times that LYNN WOOLSEY He was a paratrooper in the U.S. Bank of Walnut Creek, which became, came to the floor to speak against our Army’s 101st and 82nd Airborne Divi- during the war years, known as the involvement in the war in Iraq. sions. He served in the California State progressive bank and the bank that Thank you, Congresswoman WOOL- Legislature. In Congress, he made his was going to loan to people that SEY. mark in standing firm against harmful weren’t otherwise getting loans. He be- So it’s about the patriotism of this anti-immigrant measures and in lead- came a very popular leader in his com- Congress and of the participation as ing the effort to expand food stamps munity and built the bank into a $1 bil- patriots of our colleagues from Cali- and nutrition assistance for those who lion financial institution. Having a fornia, whether it’s the education of need it most. That is such a simple sen- background in the Air Force and other our children, whether it’s the health of tence, but it’s fraught with meaning. civic activities, he ran for Congress and our people, as demonstrated by Con- He put a lot of work and leadership got elected and has been here, as I said, gressman PETE STARK. We all owe you, into the farm bill. JOE BACA came from for 40 years. PETE STARK, a great debt of gratitude. humble beginnings, yet his accomplish- He is here tonight with his children. He has been a fixture in the fight to ments are truly significant. He has four daughters, three sons, and The list goes on and on of our col- build and strengthen the pillars of eight grandchildren. He is married to leagues that Congresswoman ESHOO health and economic security for the Deborah Roderick, also of California. American people. From his seat on the mentioned. For all of these Members, We’re going to miss PETE. He’s been a Ways and Means Committee, to the public service has been a calling, a fixture for this Congress through all House floor, he always remained a cause, and a core facet of their char- the big issues. fierce fighter for Medicare and a pas- acter. California has been proud to He is followed by HOWARD BERMAN sionate advocate for the Affordable have them as our Representatives in from southern California, with a back- Care Act because he believes that Congress. For those of us who served ground in UCLA, a law degree from health care is a right for all Ameri- with them, it is an honor for each of us UCLA. I was a staff member when he cans, not a privilege just for the few. to call you ‘‘colleague’’; for some of us was a California State legislator. He b 1810 a very, very special honor to be consid- came there for the background in ered your friend. VISTA. After the assembly, he got His legacy will live on in stronger We all wish each of you much success elected to the House and has been the support for the well-being of our sen- in the years ahead. We look forward to leading ranking Democrat, probably iors, our families, and our middle class. continuing our work together on behalf the most trusted person in all of Con- I hope it is a source of pride—I know it of our great Golden State of California. gress for foreign affairs; and with his is to your family—that so many of Your service in Congress added to the background in labor, in issues for farm- your colleagues respect you so much luster of our Golden State. and honor your leadership and service Thank you, and congratulations. workers in California and the advance- here. Mr. GEORGE MILLER of California. ment they’ve made under Federal law. As has been mentioned, Congressman I thank the Leader. But also, as the Leader pointed out, Filner left us. He is already the mayor If I might inquire of the Chair of the he’s one of the few persons that really of San Diego. He was a Freedom Rider, time remaining. understands the intricacies of patent who fought for civil rights and equal- The SPEAKER pro tempore. The gen- law, copyright, trademark, all those ity. He was a Representative of San tleman has 15 minutes remaining. things very vitally important to the Diego, who never wavered in support of Mr. GEORGE MILLER of California. entertainment industry, the elec- our veterans, and he served as the Next I would like to recognize Con- tronics industry, and the information chair of that committee. We wish him gressman SAM FARR. technology industry. He’s been a senior well as mayor of San Diego. Mr. FARR. Thank you very much, member on all of that. We’re going to Congresswoman RICHARDSON has Mr. Speaker, and thank you, GEORGE miss him deeply, deeply. I feel like a dedicated her time in Congress to re- MILLER, for setting aside this time. son of HOWARD BERMAN. I supported his

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speakership way back when he ran for In January of 1985, STARK became the diplomatic strength through a reauthorization the State assembly. I’m going to miss Chairman of the Ways and Means Health of the State Department, assistance to fight him. Subcommittee. As Chairman, he presided over terrorism in Pakistan, and improving the effi- LYNN WOOLSEY has served 10 terms. major reforms to the Medicare system. While ciency of U.S. foreign aid. She is senior to me. I got elected 6 cutting billions of dollars in waste, fraud, and As the second highest ranking Democrat on months after LYNN got sworn into of- abuse, STARK expanded benefits for tens of the Judiciary Committee, BERMAN plays a key fice. I remember how proud I was of her millions of Medicare beneficiaries, provided role in shaping the copyright, trademark, and background in local government, in COBRA health continuation benefits to work- patent laws that are of vital importance to the roles that she’s played in Sonoma ers, and made numerous improvements in the entertainment, biotechnology, broadcasting, County, in Marin County. She’s been, I quality of our Nation’s care. pharmaceutical, telecommunication, consumer think, on the floor speaking more than As Chairman of the Ways and Means electronics, and information technology indus- anybody else—as pointed out, 440 times Health Subcommittee from 2007 to 2010, tries. BERMAN is a member of the Sub- speaking for peace. She’s going to STARK helped write the health reform law that committee on Intellectual Property, Competi- leave this body known as the ‘‘lady of is bringing quality, affordable health care to tion, and the Internet. peace’’ and will be here in history for- millions of Americans. BERMAN is particularly well-known for his ever and ever. I remember the night STARK champions universal health care, and ability to form bipartisan coalitions. Together that Bill Clinton gave his State of the speaks out for peace, freedom of choice, and with Republican Henry Hyde, BERMAN wrote a Union address and recognized the back- protecting our environment. He is a tireless law authorizing embargoes on nations that grounds, the humble and unusual back- advocate for children, families, senior citizens, support terrorism. With Republican Senator grounds of people that get here, that and people with disabilities, as well as the CHUCK GRASSLEY, he wrote amendments to LYNN WOOLSEY was the first woman residents of the 13th Congressional District. the False Claims Act that have saved over elected to Congress who, as a single A diverse area stretching along the east $20 billion in taxpayer money since 1986. mom, had to be on welfare and how she side of the San Francisco Bay, the 13th Con- ‘‘There a few House members who have had worked her way out of that, and gressional District runs from Alameda to Fre- made such an imprint on legislation in so was a leading role model to show that mont. many areas as Howard Berman,’’ says the Al- there are opportunities for you, for all STARK is a graduate of the Massachusetts manac of American Politics. The Almanac people in this great country. But the Institute of Technology, MIT, with a degree in goes on to call BERMAN ‘‘one of the most ag- lady of peace is the most important of engineering and the University of California, gressive and creative members of the House all. Berkeley with a Master’s degree in Business and one of the most clear-sighted operators in Bob Filner, he had a background in Administration, MBA. American politics.’’ local government. He went back to In 1963, he founded Security National Bank Congressman BERMAN and his wife, Janis local government. After being involved in Walnut Creek. The bank grew from a small Gail Berman, have two daughters, Brinley and in school districts, he is now the mayor storefront operation to a a $1 billion financial Lindsey. of San Diego. He came here with his institution with branches in Alameda and CONGRESSWOMAN LYNN WOOLSEY background of being a Freedom Rider Contra Costa Counties. STARK sold his interest Congresswoman LYNN WOOLSEY is in her and in the civil rights movement and in the bank after his election to Congress. 10th term as the representative from Califor- led the Veterans’ Committee here. Before his business career, STARK served in As we pointed out, JOE BACA will al- nia’s 6th District, just north of San Francisco. the U.S. Air Force. His other civic activities ways be known as the captain of our Her district includes all of Marin, and most of have included: Director, Common Cause; baseball team. He did so well in that, Sonoma County. Chairman, Board of Trustees, Starr King but he also had a proud background, as As president of Americans for Democratic School of Ministry; Board Member, Housing the Leader said, in the Army as a para- Action, Congresswoman WOOLSEY is a vocal Development Corporation; Board Member, trooper. The list goes on and on. and visible leader on progressive issues, par- Council for Civic Unity, and many others. LAURA RICHARDSON is leaving us. I ticularly those dealing with education, children would also mention before this, the STARK has four daughters, three sons, and and families. A passionate and outspoken op- early resignation of Dennis Cardoza. eight grandchildren. He is married to Deborah ponent of the Iraq war, she helped move pub- That’s seven Democrats. We’re going Roderick Stark of San Lorenzo. lic opinion against President’s Bush’s failed to miss them greatly. Thank you for CONGRESSMAN HOWARD L. BERMAN Iraq policy. She introduced the first resolution allowing me to speak in favor of their Born in Los Angeles, California, HOWARD calling for our troops to be brought home and great service to the United States Con- BERMAN attended U.C.L.A., where he received has been called the ‘‘the unofficial matriarch of gress. his B.A. in 1962 and his LL.B in 1965. the [antiwar] movement in Congress,’’ by the CONGRESSMAN PETE STARK Upon his graduation from law school, HOW- San Jose Mercury News. Congressman PETE STARK has served in ARD BERMAN began his career in public service Congresswoman WOOLSEY is also active on Congress since 1973. A senior member of the with a year’s work as a VISTA volunteer. From labor and education issues. She is a senior powerful Ways and Means Committee, he is 1967 until 1973, he practiced law in Los Ange- member of the Committee on Education and currently the Ranking Minority Member of its les, specializing in labor relations. In 1973, he the Workforce and the ranking member on the Health Subcommittee. STARK previously was elected to the California State Assembly. Subcommittee on Workforce Protections. She served as the subcommittee’s Chairman from In his first term in the state legislature, then- also serves on Subcommittee on Early Child- 2007 to 2010 and 1985 to 1994, and pre- Assemblyman BERMAN was named Assembly hood, Elementary, and Secondary Education. viously as Ranking Minority Member from Majority leader, the youngest person ever to Congresswoman WOOLSEY was the author 1995 to 2006. serve in that leadership capacity. He also of a recent law authorizing workers six months Before being elected to Congress in 1972, served as Chair of the Assembly Democratic of job protected leave in order to care for in- STARK was a successful businessman and Caucus and the Policy Research Management jured family members serving in the armed banker. Upon entering Congress, he served Committee of the Assembly. In 1982, BERMAN forces, as well as legislation to protect workers on the House Banking and Currency Com- was elected to Congress, where he was from exposure to dangerous chemicals. mittee. After completing his first term, STARK named to the Foreign Affairs and Judiciary One of Congresswoman WOOLSEY’s top pri- was named to the Ways and Means Com- Committees. orities is a legislative package called ‘‘The Bal- mittee, whose scope includes taxes, Medicare, Congressman BERMAN is the Ranking Dem- ancing Act,’’ which aims to help parents bal- Social Security, trade and public assistance. ocrat on the House Committee on Foreign Af- ance their work and family responsibilities. Her From 1981 to 1984, STARK served as Chair- fairs, meaning he is the most senior Democrat proposal calls for: paid family leave; public man of the Ways and Means Subcommittee serving on the committee. During his tenure universal pre-school; major investments in on Select Revenue Measures. As Chairman, on the Foreign Affairs Committee, BERMAN ne- child care; universal school breakfast; benefits STARK became known as one of the Nation’s gotiated a five-year, $50 billion reauthorization for part-time workers; and telecommuting in- foremost advocates of tax reform. He later of our global HIV/AIDS programs, authored centives. served a critical role in shaping the historic tax legislation that removed Nelson Mandela and Congresswoman WOOLSEY is also a senior reform act of 1986. In the years since, he has other members of the African National Con- member of the Committee on Science, Space been a vocal voice for tax fairness and op- gress from the U.S. terrorism list, and passed and Technology, and serves on the Sub- posed the addition of corporate loopholes to a bill to strengthen U.S. assistance to Israel. committee on Energy and the Environment, our Nation’s income tax laws. His top priorities include improving America’s where she works to reduce our dependence

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In his first for a long time, how appropriate they’re la- from oil and gas drilling. term in Congress, he was one of only a hand- beled the ‘‘Jobs Train.’’ Not only would San Having lived and raised her family in Califor- ful of freshman legislators to get legislation Diego become a major national distribution nia’s North Bay for over 40 years, Congress- passed—for example a critical law amending hub, thousands of jobs in San Diego and Im- woman WOOLSEY understands the concerns of the Clean Water Act, allowing San Diego to perial Valley would be created! Sonoma and Marin County residents. She fre- save billions of dollars. Congressman Filner has built his career by quently says they are the most important voice Almost immediately upon his arrival in ‘‘walking his own talk’’—‘‘Grand thoughts are she listens to; and she not only listens, she re- Washington, his request for an appointment to futile unless they are put into action in order sponds. Her Washington office alone receives the Veterans’ Affairs Committee was granted. to help people and make the world a better and answers over three thousand letters, And in 2006 was elected by his Democratic place.’’ Help him to continue this work for a phone calls, and emails from constituents colleagues as Chairman of the House Vet- better California—and a better America! He each week. erans’ Affairs Committee. cannot go it alone! Congresswoman WOOLSEY dedication to Since January 2007, Congress has in- CONGRESSMAN JOE BACA family issues and her belief in a strong social creased the Veterans Healthcare budget by Rep. JOE BACA has represented California’s safety net are rooted in her personal history. 60%—the largest increase since the VA was Inland Empire in the House of Representatives As a young mother struggling to raise three created 79 years ago. Other victories include since winning a special election in 1999. He children by herself, she needed public assist- VA Home loans increased by 50%; the G.I. serves on the House Agriculture Committee, ance just to make ends meet, even though Bill was reinstated to meet the same level of and is Ranking Member of the Subcommittee she was employed. education benefits, adjusted for cost-of-living on Nutrition and Horticulture. He also serves The experience of needing a helping hand increases, as that offered by the original World on the House Financial Services Committee. from her government has shaped her commit- War II-era bill; benefits for Filipino-American Rep. BACA served as Chair of the Congres- ment to family-friendly policies. veterans granted and legislation is pending for sional Hispanic Caucus, CHC, during the WOOLSEY was born on November 3, 1937 in Merchant Marine veterans of World War II 110th Congress (2007–2008). During this Seattle, Washington. Now living in Petaluma, benefits. Filner says, ‘‘This is the least we can time, he successfully blocked harmful English- California, she is the mother of four grown do for our men and women in uniform who only and anti-immigrant amendments offered children and a grandmother of five. have sacrificed so much for us—we owe it to in the House. He also guided the CHC in its efforts to ensure the contributions of Latino CONGRESSMAN BOB FILNER them!’’ and Native America veterans were recognized Bob Filner’s adult political career began The 51st District—stretching the whole Cali- in the PBS documentary ‘‘The War.’’ In addi- when he was 18 years old during the Civil fornia/Mexico border, from San Diego to tion, Rep. BACA used his leadership position to Right Movement. He spent several weeks in Yuma, Arizona—is one of the most diverse repass record breaking funding levels for food the Mississippi State Penitentiary as a Free- gions in the nation! It encompasses the south- stamps and nutrition programs to feed over 44 dom Rider. ‘‘My political optimism stems from ern portion of the City of San Diego, the South million hungry Americans; and helped secure those times. I believe by our individual involve- Bay cities of Chula Vista and National City, new funding for minority serving institutions, ment, we can change history! And, my com- and all of Imperial Valley. The district’s popu- including over $200 million in new grant fund- mitment to a world free of racism and discrimi- lation is approximately 55% Latinos, 15% Afri- ing. He currently chairs the CHC Corporate nation continues today.’’ can-Americans, 15% Anglos and 15% Fili- America Task Force. Just after receiving a Ph.D. in the history of pinos. Rep. BACA continues to advocate in Con- For 9 terms now, he has worked hard to science from Cornell University, he moved to gress on issues that impact the poor and un- both enhance his district’s advantages while San Diego and began a 20 year long teaching derserved, including nutrition, housing, health, career at San Diego State University. Always meeting its challenges. For example since veterans’ affairs, and issues affecting the His- the activist, he challenged his college students many families in his district, and across the panic and Native American communities. He that their ‘‘grand’’ thoughts were futile unless nation, suffer from sub-standard medical treat- has used his experience in Congress to help they put them into action in order to help peo- ment, he has worked to provide affordable secure over $154 million in federal appropria- ple and make the world a better place. And it’s healthcare for border communities and all tions assistance for education, public safety, a lesson he continues to impress on others Americans. transportation, and water projects. Congress- While always looking for ways to embrace while in the United States Congress. man BACA is also the primary sponsor of the In the late 1970s Filner was frustrated with the opportunities the region provides, he does PROUD Act, legislation that puts responsible the local school board after announcing that not back down from challenges specific to bor- immigrant high school graduates on an expe- his children’s school was going to close der communities. dited path to U.S. Citizenship. (daughter, Erin and son, Adam). He felt his His work on U.S.-Mexico relations led Presi- Personal History—JOE was born in Belen, children weren’t getting the education and at- dent Clinton to ask Filner to join him on an New Mexico, the youngest of 15 children in a tention they deserved. This led to his first run international mission to meet with former Mexi- house where little English was spoken. JOE for San Diego School Board Member in 1979. can President Ernesto Zedillo. Again in 2004, worked shining shoes at age 10 and later Filner’s ‘‘back to basics’’ approach toward with President Vicente Fox, he stepped for- worked as a laborer for the Santa Fe Railroad. education—including mandatory homework— ward to encourage increased cooperation and He served in the U.S. Army as a paratrooper won wide support among parents all across collaboration between the two nations. He with both the 101st and the 82nd Airborne Di- San Diego. During his time the board hired a took the lead in securing critical funding and visions from 1966–68. Following military serv- more responsive Superintendent, test scores support for the International Waste Water ice, JOE earned his associates degree from went up, and million of dollars in bureaucratic Treatment Plant in the Tijuana River Valley, as Barstow Community College and his bach- waste was eliminated. well as the New River in the Imperial Valley elor’s degree in sociology from California State Therefore it was no surprise that under his with the Water Resources Development Act of University, Los Angeles. In 1979, he became leadership on these issues he was selected as 2007. the first Latino elected to the board of Trust- School Board President in 1982. He serves on the House Transportation and ees for the San Bernardino Valley College This increasing civic involvement led to his Infrastructure Committee as the Senior Demo- District. He was elected to the State Assembly election to the San Diego City Council in 1987 cratic Member of the Subcommittee on Coast in 1992, where he became the first Latino where he began taking on issues such as Guard and Maritime Transportation, a member Speaker pro Tempore, and was elected to the bringing good jobs to San Diego and broad- of the Highway and Transit, Water Resources State Senate in 1998. ening its economic base. He created the city’s and Environment, and Aviation subcommit- JOE and his wife, Barbara, began their own first Economic Conversion Committee and tees. As Congressmen, he has brought home business, Interstate World Travel, in 1989. wrote the city’s Economic Conversion Plan. billions of dollars to improve roads, bridges They have four children—Rialto City Council- He found creative ways to fight neighborhood and other critical infrastructure. At the same man Joe Baca Jr., Jeremy, Natalie and Jen- crime, including the introduction of Police time he is constantly looking to the future in nifer. Walking Patrols and a Citizen Graffiti Patrol support of high-speed rail projects that would Awards—Rep. BACA has received many with the area’s first 24-hour graffiti hotline. link San Diego with other areas of the state honors for his public service. Recent awards

VerDate Mar 15 2010 06:33 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00047 Fmt 4634 Sfmt 9920 E:\CR\FM\A12DE7.030 H12DEPT1 smartinez on DSK6TPTVN1PROD with H6750 CONGRESSIONAL RECORD — HOUSE December 12, 2012 include the U.S. Hispanic Leadership Institute fits for every $1 in funding. Without the signing could only learn to deliver it in less Edward R. Roybal/Henry B. Gonzalez award of RICHARDSON’s bill, the authorization for than 20 minutes, I’d have a great career for Public Service, the U.S. Hispanic Chamber DERA would have expired at the end of the here. of Commerce President’s Achievement Award, fiscal year. GEORGE is right: we ran against each the National Farmers Union Presidential Congresswoman RICHARDSON graduated other. And when you grow up in the Award for Leadership, the Walter Kaitz Foun- from UCLA with a Bachelor of Arts in Political Bay Area and you have people like dation Diversity Advocate Award, and the U.S. Science and received an MBA from the USC BARBARA LEE who leads in courage in Department of Agriculture Coalition of Minority Marshall School of Business. She spent 14 being the lone vote against one of the Employees Award of Excellence. He has been years working in the corporate sector at unpopular wars, you learn what cour- listed as one of the top 100 most influential Xerox. age is and you learn with people who Hispanic leaders in America by Latino Leaders Mr. GEORGE MILLER of California. fight for children, for minorities, for Magazine. He also has two local parks named I thank the gentleman from California all of the people in our area who need after him: the Joe Baca Senior Field at the (Mr. FARR). help. I’m just proud to have worked Empire Center in Fontana and the Joe Baca I want to, also, as Congresswoman with them. Field at the Rialto Boys and Girls Club. In ad- ESHOO and Congressman FARR ac- They’ve said that I’m the fifth oldest dition, the ‘‘Joe Baca Middle School’’ at 1640 knowledged, that there’s others in our Member of Congress. That’s absolutely S. Lilac Avenue in Rialto, California, is ex- delegation from the other side of the wrong. I am the 430th youngest Mem- pected to open its doors in 2013. aisle who will also be leaving after this ber of Congress, and I just want to CONGRESSWOMAN LAURA RICHARDSON session of Congress: BRIAN BILBRAY, make sure that you get that straight in Congresswoman LAURA RICHARDSON rep- MARY BONO MACK, DAVID DREIER, the RECORD. resents California’s 37th District, which in- ELTON GALLEGLY, WALLY HERGER, Thank you, GEORGE. I’m honored, cludes the communities of Long Beach, JERRY LEWIS, and DAN LUNGREN. I’ve and I am particularly honored to be Compton, Carson, Watts, Willowbrook and been here long enough that I’ve fought part of this great Bay Area delegation. Signal Hill, as well as parts of the City of Los with all of them, I’ve legislated with In our 10 districts surrounding the Bay Angeles and Los Angeles County. She was all of them, and we’ve had accomplish- Area, we have, I think, the finest legis- sworn in to Congress in 2007 and is currently ments together. lative group in the United States. serving her 3rd term. I think JERRY LEWIS and I had the Thank you very much. Congresswoman RICHARDSON served the longest floor debate in the modern Con- Mr. GEORGE MILLER of California. Long Beach community as a city council- gress over the creation of the desert Thank you very much. I know, as we woman for six years before being elected to national parks, the Mojave Desert na- all know in this life, Members leave the California State Assembly in 2006. Fol- tional parks. When we were all done, the Congress, they don’t leave public lowing a special election in 2007, she imme- we immediately turned around. He was policy, they don’t leave public life, and diately began serving in the House of Rep- opposed to it, I was for it, but he imme- I expect we will be hearing from them resentatives, and as such, Congresswoman diately turned around and made sure as they leave the Congress in their fu- RICHARDSON has the rare distinction of having that the public had access to it, that ture endeavors. I know that Mr. served in government at the local, state, and there would be improvements, visitor BILBRAY still wants to clean up the salt federal level in the span of less than one year. centers. And that’s the way legislation in the Salton Sea, and I know that DAN The Congresswoman currently sits on the goes. LUNGREN probably still wants to take House Committee on Transportation & Infra- down Hetch Hetchy. I’ll be glad to join b 1820 structure, where she works to improve the Na- him on both efforts on that one, and I tion’s highways, railways, airports, and sea- I think very often the public doesn’t know WALLY HERGER still brings the ports while overseeing the Coast Guard, Army understand, but Members of Congress concerns about the watersheds of the Corps of Engineers, and Federal Emergency do, that this isn’t just a working rela- great northern parts of our State. So Management Agency, FEMA. She is a mem- tionship. Over time you get to know this relationship goes on, their advo- ber of the Water Resources and Environment one another’s families, you know their cacy goes on, and that’s true on both Subcommittee, the Highways & Transit Sub- children’s successes, their children’s sides of the aisle. committee and the Railroads, Pipelines & Haz- desires, their illnesses and the troubles Ms. WOOLSEY, if you would like to ardous Materials Subcommittee. that befall families, because we’re like say anything. Congresswoman RICHARDSON is also on the all other American families. It happens Ms. WOOLSEY. Thank you, GEORGE, House Committee on Homeland Security. In here. People don’t think of that when for doing this. Thank you for honoring this role, she works to protect America’s bor- they think of the Congress. And you those of us that have been here and ders and ensure the Nation is prepared for build relationships, friendships and de- now are leaving. and able to effectively respond to any disas- pendencies on one another’s expertise I arrived feeling very green and feel- ters that may arise. She is the Ranking Mem- to help guide us through all of the ing very good 20 years ago. I had no ber for the Emergency Preparedness, Re- issues that we will confront in a con- idea how little I knew about how to get sponse, and Communications Subcommittee gressional year. something done in the Congress. I and also sits on the Cybersecurity, Infrastruc- Congressman STARK and I entered knew where I had burned in my belly, ture Protection, and Security Technologies public life together by running against I knew what issues were important to Subcommittee. one another back in 1969, man against me, and those issues have stayed im- In addition to her House Committee assign- machine. You figure it out: I don’t portant to me for the last 20 years. But ments, the Congresswoman is a founding know who was the man and who was I had the advantage of working with member of the California High-Speed Rail the machine, but I knew then who it some very wonderful senior Members Commission, where she has worked to secure was, this very popular banker and this who generously helped me along, and I funding for a project that has the potential to law school dropout, but other than that had the privilege of having very tal- create 450,000 permanent jobs statewide over I was doing well. But it’s a long span ented staff who built the stage that I the next 25 years. and a lot of friendships, and it’s about could dance on. You can’t do that un- In January of 2011, President Barack family and our ability to talk with one less it’s teamwork, and I thank every- Obama signed into law the Diesel Emissions another. body that has been a part of these last Reduction Act of 2010, DERA, which Con- I would like, at this moment, to yield 20 years. It’s been quite a ride, and I’m gresswoman RICHARDSON authored. The legis- to Congressman STARK for any remarks glad I did it. Thank you very much, lation extends a voluntary national and state- that he might have. GEORGE. level grant and loan program that creates jobs, Mr. STARK. I want to thank the gen- Mr. GEORGE MILLER of California. saves lives and significantly improves the Na- tleman for yielding. One of the pre- Thank you so much. Thank you for tion’s air quality. DERA is widely considered vious Speakers, Mr. O’Neill, mentioned your service. one of the most cost-effective federal pro- that, and you forgot to mention this, Mr. Speaker, that brings to a conclu- grams in the Nation. The EPA has estimated but Tip O’Neill said that I probably had sion our delegation’s honoring those that in California alone, the program averages one of the best 5-minute speeches of Members who are leaving. I would just more than $13 in health and economic bene- any new Member of Congress, and if I say, and this is not news to Members of

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But I’m very proud field for everybody by putting an end On September 19 of this year, we to have served with all of them and for to special interest favoritism and cor- passed the National Security and Jobs their contributions and the sacrifices porate welfare. Protection Act that would deal with they made in public office on behalf of We feel as if it is imperative to re- the sequester that I spoke about a few public policy that they strongly believe verse this administration’s policies minutes ago. That passed with 223 in and became advocates for. that are driving up the cost of gas at votes. We also had on May 10 the Se- With that, I yield back the balance of the pump, that we need to be pro- quester Reconciliation Act of 2012, H.R. my time. I want to recognize Mr. BER- moting an all-of-the-above energy 5652, which passed with 218 votes. We MAN who is here and thank him again strategy unlocking American energy then had the Job Protection and Reces- for his service. production to help lower costs, to cre- sion Prevention Act passed on August 1, and that was H.R. 8. It passed with f ate jobs, to reduce dependence on foreign oil, and to strengthen our health 256 votes. H.R. 8 is the 1-year extension PUTTING OUR NATION’S FISCAL care and our retirement security by of all the tax rates. HOUSE IN ORDER We keep hearing that the President taking power away—away—from gov- wants to extend the tax cuts for those The SPEAKER pro tempore. Under ernment bureaucrats and empowering making $250,000 a year and less. What the Speaker’s announced policy of Jan- patients and letting patients and doc- that would do is catch a lot of our uary 5, 2011, the gentlewoman from tors make the decisions that are im- Tennessee (Mrs. BLACKburn) is recog- small businesses. About 20 percent of portant to them. our small businesses have already said nized for 60 minutes as the designee of Now, as I said a moment earlier, so that this would adversely impact them the majority leader. many times people will say, How in the to the point that they would be cutting Mrs. BLACKBURN. Mr. Speaker, I world did we get here? Well, as I said appreciate the designation of the time jobs, not growing, but actually cutting decades—decades—in the making. jobs. So I would point out that 256 and appreciate the opportunity to Then we went through the Budget come to the floor tonight and discuss Members of this Chamber, on a bipar- Control Act exercise a year before last tisan basis, voted to extend the tax the issues, the very serious issues, that in August. We had a select committee are in front of us. Now, this is some- cuts for everybody. that was put in place. That didn’t work When people say, Why can’t the thing that we Republicans have talked out. So we ended up with the seques- House and the Senate get together, Mr. about for quite a period of time, that ters. And many of my constituents— Speaker, our bills—as I’ve just men- we had to get the Nation’s fiscal house and I’m sure other Members are seeing tioned, these bills are sitting on the in order. this too—they are saying, Tell me what Senate leader’s desk dealing with the The reason we had to do this was be- the sequester is all about. sequester, dealing with taxes, dealing cause we had a spending issue that was with the reform issues that we have in in front of us. Many of us felt that run- b 1830 front of us. These four bills are sitting ning deficits of several hundred billion This is what it is. It’s going to take there waiting for action. The House has place on January 2, 2013, and the de- dollars a year was not acceptable, and done its job. We’ve agreed to not raise fense budget is going to see the brunt we’ve watched what has transpired taxes on anybody. That’s only one part of these spending reductions. Most ev- through the years as this has continued of this issue. to grow. And we all know that the last erything gets 2 percent across the Certainly, with the way the Presi- few years of the Obama administration board. With defense, you’re going to dent is wanting to approach tax re- has run deficits, annual deficits, of well see additional cuts of $55 billion per form, his proposals would raise enough over $1 trillion. year. That is going to give them a total revenue to run the Federal Govern- Now, I am constantly hearing from of $492 billion additional cuts. This is ment for about 8 more days. He’s going people, How did this seem to happen so going to leave our military with the to raise taxes on the top 2 percent basi- quickly? Well, it’s been decades in the smallest ground force since 1940, the cally to pay for 2 percent of next year’s making. And as I said, indeed, many of smallest naval fleet since 1915, and the spending. This is not sustainable. We us have come to the floor regularly, smallest tactical fighter force in the do not have a revenue problem in this we’ve talked about it, and we’ve offered history of the Air Force. Medicare town, we have a spending problem. We bills that would address this. A great could see $16.4 billion in annual cuts, have a crushing burden of debt. And example of this, every year I’ve offered leading to the elimination of 496,000 now I’ve got some posters that I would bills that call for 1, 2 and 5 percent jobs in 2013. There will be 62,000 physi- like to show regarding that. across-the-board spending reductions. cians that will be adversely impacted. This first poster that I want to call Little bits add up over a period of time. We know that the sequester cuts are your attention to points out exactly We have the appropriations process not fair to everybody. what we have in this crushing burden where Members have come to the floor As I said, we’ve been taking steps. of debt. You will see that in World War and they’ve offered amendment after Every year for several years, we’ve II, it lays out our country’s long his- amendment that would reduce what we talked about getting the fiscal house in tory with this debt and shows where are spending. order and cutting spending and fight- this burden has been passed. As I said, We on this side of the aisle also being the growth in the debt. We’ve also it’s been decades in the making. Take a lieve that you have to have a budget. passed some bills this year. And I look at this. In 1940, the percentage of Now, the President had a proposed would like to remind the Members of our gross Federal debt was 52.4 percent. budget, and nobody wanted to vote for the body, Mr. Speaker, of these pieces That’s where we were. By the end of that. We put it on the floor, and I think of legislation that this House of Rep- World War II, the debt had sky- it got one or two votes from the Demo- resentatives has already passed, and rocketed. It was up to 117.5 percent of crats. The country has not had a budg- that are sitting on the desk over in the our GDP in 1945, and then it peaked in et in over 1,300 days, and there’s a rea- Senate. 1946 at 121.7 percent of our GDP. That son for this. It is because the budget On August 2 of this year, by a vote of was through the war. But you know that we have passed out of this House 232–189, we passed the Pathway to Job what? We did what Americans gen- has gone to the Senate each and every Creation through a Simpler, Fairer Tax erally do. When you have got a prob- year, and it sits on HARRY REID’s desk, Code Act of 2012. That was H.R. 6169. It lem, you get behind it and you get it and he does not take it up. would provide an expedited pathway to solved. So we doubled down on getting We have passed this budget, and I pro-growth tax reform in 2013. To deal the spending under control, and you commend Congressman RYAN who leads with the spending issues, to deal with can see what happened. Then our Fed- our Budget Committee. We passed it the deficit, to deal with the debt, yes, eral debt pretty much stabilized in the

VerDate Mar 15 2010 06:33 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\K12DE7.096 H12DEPT1 smartinez on DSK6TPTVN1PROD with H6752 CONGRESSIONAL RECORD — HOUSE December 12, 2012 mid-30 percent range. And during the this side of the aisle what we continue I’d like to give you an example of a Reagan administration in 1981, the to say is the spending has to be dealt small business owner who would fill gross Federal debt was 32.5 percent of with. out the tax form here, a 1040. This form GDP. We’ve heard from everybody. We are is for a single woman, Mary Workman, Well, those old spending habits kind hearing from economists all around the who is in software development. She of die hard around this place. The Fed- globe, and they repeatedly say what we makes $50,000 in wages, and the com- eral Government and the bureaucracy are saying, what we’ve been saying for pany makes $150,000. She picks up some never gets enough of the taxpayers’ years as we’ve come to this floor, that dividends and capital gains, so she has money. When the President took office, we have a spending problem. The a total family income of $210,000. Under our gross Federal debt was 84.2 percent spending has to be dealt with. We are the President’s proposal, Mary would of the GDP. This takes us back to drowning under a mountain of debt. be hit with the same tax rate equal to swearing-in day in 2009. That’s the fig- You cannot continue to borrow nearly those of millionaires—at $50,000 in ure that neither party could celebrate, 50 percent of what you are spending. wages. and both parties share responsibility. We think that it is problematic, if you Where is the fairness in that, Mr. This Federal Government spends too will, Mr. Speaker. President? much money and has for decades. It is disconcerting that the President It’s one thing to ask Bill Gates, War- Today, according to OMB, our pro- doesn’t want to talk about the spend- ren Buffett, or Donald Trump to pay jected gross Federal debt is 105.3 pering, but is instead offering to raise more in taxes, but it’s something else cent of our GDP. These are just simple enough taxes to fund additional spend- to penalize the small businesses of facts. You can see what is going to hap- ing for 2 percent of the year by raising Main Street, like the software devel- pen if you look at where we are headed. taxes on the top 2 percent. I guess he’s oper, for example. Now we are over 100 percent. Look at not worried about the other 98 percent This is not an isolated case. Accord- how quickly we’re going to get to 200 of the year. This is how we have to get ing to the Joint Committee on Tax- percent, then 300 percent, and 400 per- this under control, by reducing this ation, 940,000 small businesses will face cent. spending. higher taxes under this President’s This points out how unfair this debt I’m so pleased to be joined by my col- plan. These are not the wealthiest is to our children and grandchildren. leagues who share a passion for free- Americans, but they’re proprietors of Indeed, Mr. Speaker, I think the debt dom and for economic freedom, and un- small, family-owned businesses that that we have in this country is the ul- derstand that economic freedom and are located in every town across Amer- timate cap-and-trade. What is hap- political freedom are linked, and that ica. According to the report by Ernst & pening? We are capping our children’s this is a task that we are passionate Young this summer, 710,000 jobs will be futures, and we’re trading it to the about, we are given to solving this lost by these companies if they’re countries that own this debt. problem so that we remain a free Na- taxed at the same rate as corporate Let me point out who owns this debt. tion. America. I’ve got another chart that I want to The President’s proposal, curiously, show you on this specific issue. A lot of b 1840 would raise taxes on small businesses people will ask about this. And of At this time, I want to recognize the to as high as 39 percent, but for larger, course last year during the debates on gentleman from West Virginia (Mr. mature corporations, the President is the debt, we had so many discussions MCKINLEY). seeking to lower their tax rate to 25 about this. A couple of my colleagues Mr. MCKINLEY. Thank you, Con- percent. Although reforming and low- and I went down, and we asked who gresswoman. ering the corporate tax rate is a wor- owned our publicly traded debt. We I rise today in a belief that America thy goal, neither Congress nor the wanted to know who was buying this can handle the truth. Abraham Lincoln President should give tax advantages American debt. Of course, we’ve been said, ‘‘I am a firm believer in the peo- to large corporations at the expense of frustrated with the Fed monetizing ple. If given the truth, they can be de- the owners of small, family businesses. some of this debt and running the pended upon to meet any national cri- Generally, Mr. Speaker, I am opposed printing presses. We know that de- sis. The great point is to bring them to raising taxes. However, if in the values it. We’re frustrated that we are the real facts.’’ To that end, Speaker spirit of compromise Congress is forced running about $4 billion worth of debt BOEHNER has been candid about the fis- to adopt new revenue in order to a day, and that is adding to the annual cal challenges facing our Nation and achieve reductions, then Congress deficit, which accrues to the Nation’s has put forth a balanced plan. However, should insist that personal wages be debt. That frustrates us. So what we’ve as the President continues to promote separated from small business income done periodically in my office, Mr. his own plan, he seems to be delib- and taxed differently. This could be Speaker, is to go back in and check erately not sharing key details with done by using the information already with Treasury and see who owns our the public. filed on the 1040, which is just like they debt. First, the plan will hurt nearly a mil- do on capital gains, dividends, and in- As of right now, China owns $1.15 trillion small businesses by treating them terest payments. lion of our debt. Then number two on the same as the wealthy Americans. Now on to the second matter, the the list is Japan with $1.13 trillion of Secondly, the plan ignores the central spending side of the equation. Surely, our debt. This is interesting. Out of driver of our deficit—government the President understands that raising this debt, number three on the list is spending. It ignores that. taxes on small businesses and Wall OPEC. OPEC is an entity. That’s the On the first matter, why should we Street executives won’t sufficiently countries of Ecuador, Venezuela, India, lump the owner of a hardware store to- cover the deficit. Despite this reality, Bahrain, Iran, Iraq, Kuwait, Oman, gether with Wall Street executives and he consistently confuses the public by Qatar, Saudi Arabia, the UAE, Algeria, tax them at the same rate? When the ignoring the role that reducing govern- Gabon, Libya, and Nigeria. Guess President talks about the rich paying ment spending would and should play what? They now are number three on their fair share, he fails to mention in deficit reduction. the list, and they own $267 billion of that he also raises the same rate of According to the Office of Manage- our debt. Brazil comes in at number taxes on small businesses. Earlier this ment and Budget, this administration’s four, $250.5 billion. And then number week, the President told factory work- plan to raise the top rates generates an five on the list—new to the top five ers that his plan is to ‘‘ask the wealthi- average of $43 billion a year, yet we are list—the Caribbean Banking Centers, est Americans to pay a slightly higher faced with a deficit of $1.1 trillion. This who now own $240.4 billion of U.S. debt. tax rate.’’ Previously, he said, ‘‘Mil- new revenue, as you pointed out, By the way, the Caribbean Banking lionaires and billionaires can afford to Madam Congresswoman, is only enough Centers are the Bahamas, Bermuda, pay a little bit more.’’ But not once did to fund the government for 8 days. Dur- Cayman Islands, Netherlands Antilles, the President publicly acknowledge his ing the campaign, the President pro- and Panama. This is who owns us. This plan will raise taxes on owners of small posed that there should be $2.50 in new is who owns our debt. This is why on family businesses. spending reductions for every dollar in

VerDate Mar 15 2010 06:33 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\K12DE7.097 H12DEPT1 smartinez on DSK6TPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — HOUSE H6753 new revenue, but now that the cam- Tax Code here in the United States. to go with our spending and to retire paign is over, his latest plan calls for Let’s make certain that, indeed, it is our debt? just the opposite—an unacceptable fair. The gentleman talked about the Something that our budget, the Paul ratio of $4 in new revenue and only $1 small businesses that he interfaces Ryan/Republican budget, put forward is in spending cuts. with. My goodness, a convenience store a pathway to eliminate our debt and Speaker BOEHNER is right: America operator, a female that runs a seven- our deficit without raising taxes and has a spending problem, not a taxing person service shop, a medical applica- while preserving America’s social safe- problem. While the President has con- tion device creator—I’ve met with all ty net. And yet the other side of the sistently told the American public that of them in the last couple of days. aisle put forth nothing in response. he is merely asking the wealthy to pay They can’t afford to stay in business And the answer is because, I believe, just a bit more in taxes, when was the because, guess what, they will not be they don’t know where we’re going so last time the President also reminded able to make a profit by the time they any road will get them there. the American public that we borrow 46 pay escalated tax rates and are treated, The President’s budget was presented cents out of every dollar we spend? as the gentleman said, like they’re by Timothy Geithner to the House Congress is chasing the wrong rabbit. some Wall Street business. Budget Committee. We asked him: Raising taxes on small businesses is no Also the $63 per health insurance fee When does it balance? At what point more a solution to fixing the deficit that goes on this next year, driving out in the future does it eliminate our than is cutting worthy social pro- their health care cost up, the $3 med- debt and our deficit? And the answer grams. The problem lies much deeper ical device fee that is going to be ap- was, Never. Never. than that. plied to our mobile medical applica- Our country needs direction right Federal Reserve Chairman Ben tions. You know, they’re taxing every now; and the people who are here to- Bernanke admitted that the spending single thing they can find to tax. There night want to make sure that the peo- levels of this administration are are 21 new taxes in ObamaCare, plus all ple of America know where we’re going unsustainable. Just as President Clin- of this we have. This is why we are so and yet our President put forward a ton declared years ago that the era of passionate about solving this spending budget that never balances. And his an- Big Government is over, this Congress issue. swer now on this road to however and needs to man up and declare the era of I want to welcome to the floor the wherever we’re going is, I want to tax taxing, spending, and borrowing into gentlelady from Wyoming (Mrs. LUM- people who can provide enough income perpetuity is over as well. Now is the MIS) who has been a stalwart in making for our Nation to fund it for 8 days. time for the President to provide lead- certain that we cut what we are spend- That’s not a budget. That’s not an an- ership, to level with the American peo- ing. Cut, make some cuts, so that we’re swer. That’s not an American value. ple, and to set aside the campaign rhet- wise stewards of the taxpayers’ money. That is not where we should be going. oric of class warfare, division, and I yield to the gentlelady. Our own Government Accountability envy. Mrs. LUMMIS. Mr. Speaker, I want Office has put together three volumes Small, family-owned businesses can- to compliment the gentlelady from of reports that contain in them ways not and should not be painted with the Tennessee for organizing this group to that we can consolidate spending, cre- same broad brush as millionaires, bil- talk about this essential issue that is ate efficiencies in government, save lionaires, and Wall Street executives. coming before the people of this coun- money, and make our government We must protect our small businesses try as described to be a fiscal cliff. smaller, more robust, serve the people, and stop promoting the treatment of Quite frankly, we need to look back at and yet save $900 billion a year. Now, their income to be the same as that of Alice in Wonderland to see from that is three-fourths of the way to the wealthy. whence we have come. solving our entire deficit, and yet why In the case of Alice in Wonderland, b 1850 aren’t we grabbing that and running there’s a line that says if you don’t with it? Why are we talking about rais- At the same time, this administra- know where you’re going, any road will ing taxes on the American people, on tion needs to admit that raising taxes get you there. Certainly in the case of our small businesses? on businesses will not pay the excesses Congress, the Republicans have laid I come from a State where there are of spending that has occurred over the out a road. It’s a road map for Amer- no big cities, Madam Chairman. I come last 4 years. We must prioritize our fis- ica’s future. It was designed by our from a State where the largest town cal negotiations by putting spending House Budget Committee chaired by has less than 60,000 people. I come from reductions before addressing new reve- Congressman PAUL RYAN from Wis- a State where there are no Big Four, nues. consin, and it lays out a plan for spend- too-big-to-fail banks. A place where Mr. Speaker, I came to Washington 2 ing. It lays out a plan to sustain the vi- you go to your local Main Street bank- years ago to get something done. ability and vitality of Social Security er if you want to borrow money and Speaker BOEHNER has shown that he and Medicare and Medicaid into the fu- present a plan to pay it back, a secured understands the gravity of the situa- ture, to make sure that seniors now loan that comes to you and that you do tion and wants to find a solution that can enjoy the benefits that they’ve pay back, from people who know you, is balanced and realistic. I stand sol- earned through Social Security, Medi- that know your reputation and your idly behind him. Protecting small busi- care and Medicaid. And the young peo- ability to repay. And yet laws like nesses and addressing our spending ple who are paying for it now will have Dodd-Frank and this mysterious cre- problems are too important to the those benefits available to them when ation called Basel III will put global economy to ignore. The situation de- they retire or when they need them. banks and my little banks on Main mands that we deal in reality. Once That is our road map to America’s Streets in Wyoming on the same cap- again, Mr. Speaker, America can han- future. That is our budget. It passed ital plan. That was never intended. dle the truth if given all the facts. this House unanimously through Mem- That’s so irrational. Mrs. BLACKBURN. I thank the gen- bers of Congress who are of the Repub- Let’s work together, Republicans and tleman, Mr. MCKINLEY, for his well- lican persuasion. Democrats, to help our country ration- thought-out presentation and for put- By contrast, the Democrats have not alize and put things back on the right ting this 1040 form up here from the tendered or put forward a budget for track and focus on our spending prob- IRS. And it reminds me, we’re coming over 1,300 days. Now, Tim Tebow was a lems. up on the 100th anniversary of the in- quarterback at the University of Flor- come tax, the Federal income tax, ida 1,300 days ago before his career at b 1900 which was to be a 1 percent tax on the the Denver Broncos, before his career Use the nonpartisan Congressional top 1 percent for 1 year. Now the 100th now in New York. So many things have Budget Office reports to eliminate even anniversary of that is going to be Feb- happened in those 1,300 days in Amer- half of the items that we’re over- ruary 25, 2013. ica. How could one important political spending. It would be a stunning vic- Mr. Speaker, I think this is a grand party in this country not put forward a tory for the American people, and we time to say let’s totally overhaul this budget, a road map, to where we want know how to get there.

VerDate Mar 15 2010 06:33 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K12DE7.099 H12DEPT1 smartinez on DSK6TPTVN1PROD with H6754 CONGRESSIONAL RECORD — HOUSE December 12, 2012 Mr. Speaker and Madam Chairman, I compliment the gentlelady from about you and your office, but I’ve re- you are leaders in this caucus, this Tennessee for her hard work to solve ceived hundreds of emails and phone conference, this country. We, in this these problems, to illustrate for the calls from people at home who want to House, know how to solve these prob- American people that there’s room for weigh in on this very important issue, lems. What we lack is gumption. What compromise in Washington. And I sa- and I love their commonsense advice. we lack is the relationship with the lute your efforts to reach out to every- You know, the best knowledge and ex- President of the United States to sit one, to the American people, and pertise on these issues is from the peo- down and talk to him about these across the aisle to make that happen. ple. It’s not from the bureaucrats here issues. Madam Chairman, I yield back with in Washington, D.C. One more thing, Madam Chairman. I my compliments. Here’s just a few of the comments realize we have very important re- Mrs. BLACKBURN. I thank the lady that I’ve received this week from peo- marks to be made from others here to- for yielding back, and I have to tell ple back home. Mike in Sedalia says: night, but I want to tell you a story. you, I loved her Alice in Wonderland The issue is not the raising of taxes, There is a group here in the House that example. Sometimes I feel like we but good solid budget cuts. gets together once a week. And one day should read the ‘‘Emperor Has No Curtis from Lebanon said: There are we had Bob Schieffer come in and Clothes’’ because we’re spending money still a bunch of us out here that do not speak to us, Bob Schieffer of CBS we don’t have, or maybe ‘‘Goldilocks want a spend and tax government. New News, a long time, highly respected and the Three Bears’’ because it’s taxes mean new spending. journalist. never quite right what seems to be pre- And I thought that was a great com- And I had the chance to ask him, sented. ment, especially with the President’s When you look at the crises in negotia- By the way, Mr. Speaker, I know our proposal that he brought forth the tions that are occurring now, between colleagues appreciate Mrs. LUMMIS and other day when he wanted more stim- Members of Congress and the Presi- what she does; but when she talks ulus spending. So the cuts that he was dent, why are we having so much trou- about the Nation’s Treasurer coming proposing, just like Curtis said, were ble communicating? Who have you wit- forward and having something that just going to be immediately funneled nessed in your lengthy, illustrious ca- never comes into balance, she knows over to new wasteful stimulus spend- reer that did it better? Who would you what she was talking about. She was a ing. They would have nothing to do hold up as an example? State treasurer in Wyoming before she with reducing the debt or the deficit. I Well, Bob Schieffer first started cov- came to Congress. She knows these thought Curtis was right on. ering Lyndon Baines Johnson in Texas issues. She knows how you balance a We have Lawrence from Pleasant many years ago, and he told a story governmental budget. She’s an expert Hill. He said: Good morning Represent- about how LBJ would have handled in these issues. ative HARTZLER. I know we are being And to have a budget where you say this. He mentioned that LBJ would re- told we are at the edge of a fiscal cliff. you never plan for it to balance? Well, ligiously watch the Sunday morning We did not arrive there by not paying when my children were growing up and talk shows. He would watch ‘‘Meet the enough taxes. The Federal Government they were struggling and something Press,’’ and he would watch the shows spends insane amounts of money, and that were on the networks because was going to be too much of a heavy even by reducing us all to serfs, the that’s all we had back then was net- lift or too hard, I would say, if you fail to plan, then you plan to fail. taxes will not cover the spending. works. Well said. He would watch the Speaker of the For this great Nation, for the endur- Here’s Jerri from Lamar. She said: House on those programs. And if the ance of freedom, failure is not an op- Please stop spending our money. Walk Speaker would give an avenue for com- tion; and it is imperative that the fis- away from the table if they are not promise, he had him on the telephone cal house of this great Nation be put in willing to stop wasting our hard-earned before the Speaker of the House left order. money. Reform the entitlements and the studio. And he’d say, Mr. Speaker, Someone who knows how to do that lower the taxes. Nothing else, in my why don’t you come over to the White so very well, who has done it as a wife, opinion, is acceptable. Do not go back House tonight? a mother, a State legislator and a Lady Bird and I’ll put on some fried small business owner is Mrs. HARTZLER to the Clinton era. That administra- chicken and we’ll just sit around in the from Missouri, and I yield to you. tion led us into a recession. And do not kitchen and talk this over. I see an av- Mrs. HARTZLER. Thank you. I sure raise the inheritance tax. enue for us to agree on 10 percent or 20 appreciate your leadership on this And then listen to this. She said: I percent of where we need to go to solve issue and drawing attention to the very am from a family of farmers. That will this Nation’s problems. real crisis that we have in this country kill our family and many others and He would connect, on a personal and the very real opportunity we have. make it impossible to keep farms that level, and on a level that found that You know, the real issue that is be- have been in our family for genera- crack in the armor of failure to com- fore us today is that it’s time for Wash- tions. That is the most unfair tax there municate. And that’s how he solved the ington to stop spending money it is. This country will not survive more problems. doesn’t have and the fact that Wash- blows to small business and the middle What we find now is that if the ington has a spending problem, not a class. Stop the insanity and stop it Speaker goes on television and leaves a taxing problem. soon. crack in the armor, say an offer to The President’s proposal is a non- And finally, from Patricia in Jeffer- come up with $700 billion or $800 billion starter, and it’s a red herring. It might son City, she said: I want to voice my in new revenue, something that this sound good to some, but it doesn’t opinion on what has happened in Wash- President campaigned on, instead of solve the problem, and we are problem ington right now. Politicians have put having the President call the Speaker solvers and that’s what we’re here to us in this mess with excessive spend- and say, Mr. Speaker, I think we’re do. ing. I want to see huge spending cuts getting somewhere. Why don’t you Even if we gave the President what out of the Federal spending before I see come over. We’ll get together around he wants and raised taxes on family any taxes. the kitchen table and just talk about business owners in America, it would Now, that’s common sense. That’s this. I think we’re getting somewhere. only generate enough revenue to fund the voice of the American people. Instead, the Speaker is blasted by the the government for 8 days. It would not You know, Missouri is the Show Me press shop at the White House within make a dent in our yearly deficit or re- State, and I believe it’s time for Wash- hours of his making a presentation on duce our national debt. ington to show the hardworking tax- the Sunday morning talk shows. And Only by creating jobs and reducing payers of my State and every State people wonder why we can’t solve these spending will we balance our budget, that they understand it’s time for problems? and the American people understand Washington to do what we do at home, There is a way to solve these prob- that. and that’s live within our means by lems. We know what to do to solve I would love to share with you a few cutting spending, tightening our belts, these problems. comments that I received. I don’t know and not raising taxes on any American.

VerDate Mar 15 2010 06:33 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\K12DE7.101 H12DEPT1 smartinez on DSK6TPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — HOUSE H6755 b 1910 be able to conduct a study on methane our grandchildren, and that’s what we Washington would be better off focus- gas from dairy cows. Now, the gentle- want. We want these children to dream ing on job creation to raise revenue lady from Tennessee, you’ve got a few big dreams and to live in an America rather than taking more money from dairy operations in your State. I think where they can come true. its citizens. we could have saved $700,000. It comes Someone who shares the passion on So that’s the common sense from naturally. We need common sense when this issue is STEVE SCALISE, a Con- Missouri I wanted to share tonight, it comes to handling the American tax- gressman from Louisiana, who has re- gentlelady, and I sure appreciate your payers’ dollars. cently been elected as chairman of the leadership on this issue. We had another $137,530 of American Republican Study Committee for the Mrs. BLACKBURN. I thank the gen- taxpayer dollars that was used to be next Congress. tlelady. And I know that you’re doing a able to create a video game called I yield to the gentleman from Lou- telephone town hall with your con- ‘‘Layoff.’’ That’s what the policies of isiana. stituents tonight. I know you’ll prob- this administration have literally Mr. SCALISE. I want to thank the ably hear some of the same things that yielded. We are not growing the econ- gentlelady from Tennessee for her lead- you’ve said. I’ve heard from my con- omy, putting people back to work. ership and for hosting not only this stituents, too. As we approach this Christmas sea- hour, but for being so passionate about I heard from one lady who is a small son, we have families across the coun- the need to control spending and to get business owner, and she said, I try right now that are hoping to be our economy back on track. I know she wouldn’t mind if my taxes went up and able to provide for their children. We was on one of the Sunday talk shows it helped pay down the debt; but she can create that certainty by addressing just this weekend talking about this was astounded when she found out that an unwieldy regulatory process that’s issue and talking about conservative the President wanted to spend this inhibiting our ability to be able to cre- solutions to avert this so-called fiscal much, and more, and that her taxes ate jobs. And if Washington needs reve- cliff. And if you look at how we got would not go down. The money raised nues—and we know that government here and what American families are from the tax hike would be spent, plus needs revenue to carry out specific facing starting January 1, if nothing another trillion dollars, and she was functions—let’s get the American peo- gets resolved out of Washington, it’s an not going to see the debt paid down. ple back to work, those folks in Pueblo abyss that doesn’t need to happen. She was very concerned about that. and Grand Junction, Colorado, who ac- If you just go back and look at some Well, coast-to-coast we’re hearing tually want to be able to have a job. of the promises made by President the same thing. The gentleman from But we need to be very concerned, Obama when he was running for office, Colorado (Mr. TIPTON) is also on the once again, about where’s that waste of when he was running for reelection, he phone with his constituents, and we ap- the Federal dollars going. The gentle- talked about working across the aisle. preciate that you’re on the floor with lady from Tennessee noted that $1.5 He talked about bipartisan solutions. us. trillion of the debt of this country is He talked about it a lot, and the Amer- I yield to the gentleman. owed to China. So what did the United ican people expected that the President Mr. TIPTON. I thank the gentlelady States do? We sent 17.8 million Amer- would keep that promise. But before from Tennessee for this time and for ican dollars for China to be able to the ink was even dry, before some of her leadership on this important issue study environmental programs and so- the States had even confirmed and fi- for every American. cial programs in China. So effectively, nalized their vote totals for this last I’m glad to hear my colleagues con- what we did, we borrowed money from election, the President comes out with tinue to talk about the real issue that China to be able to send it back to a hyperpartisan solution. That’s his ap- we face in this country. We did not tax China to be able to study problems proach. our way to a $16.3 trillion debt in this there. Let’s get Americans back to First of all, when the President Nation. The Federal Government spent work. comes out with his plan to raise taxes its way into that debt. The responsi- We took another $2.6 million to be on some and to not renew others and to bility that we need to have that comes able to train Chinese prostitutes not to threaten, literally, middle class fami- from the Show-Me State of Missouri in drink too heavily. I think we have a lies with a tax increase if some people terms of commonsense proposals is better use for American dollars. don’t get their taxes raised—there al- something that needs to be heard in Right now, America is facing a fiscal ready was a bipartisan solution to Washington, D.C. challenge, a fiscal abyss. The problem avert this cliff. This President has been focused on resides not with Americans being taxed Just a few months ago, here in this raising taxes. He is implying that too little but government spending too House, we passed a bill with 19 Demo- Washington, D.C., needs the money much. We have a caucus that’s dedi- crat votes—a strong bipartisan vote— more than our people at home. Well, if cated to getting Americans back to to make sure nobody sees their taxes you come into my district, the Third work, to bring fiscal sanity into the go up, completely avoiding this coming Congressional District of Colorado, we process, and to never, ever forget it is crisis. We passed that bill and sent it go to Pueblo, and the real unemploy- not Washington, D.C.’s money. It’s the over to Senate. Of course, the Senate ment rate is now at better than 20 per- American people’s money. Let’s stand has refused to take any action on it be- cent. My second largest community, up for them first rather than for more cause President Obama, and his Treas- Grand Junction, Colorado, the real un- and bigger government. ury Secretary I think has confirmed employment level is at 19.5 percent. Mrs. BLACKBURN. I thank the gen- this, they’re eager to go off the cliff. My folks aren’t looking for an unem- tleman. So well said—jobs, the econ- They think they’ll get political points ployment check. They’re looking for a omy, economic growth. We have to by doing this. This is a political cal- paycheck. They’re looking for responsi- have economic growth. And continuing culation by them to try to blame the bility out of Washington. And when we to raise tax rates, continuing to esca- other party, and let’s have this crisis are looking at this fiscal challenge late spending doesn’t do that. What we and then go and push more taxes on the that we face, this fiscal abyss, a fiscal want to see is a healthy economy for American people. black hole which is engulfing the econ- our future because we know a healthy I think if you look at what the mes- omy of the United States, we need that economy is going to give us jobs sage of this campaign was—there were responsibility out of Washington. growth. Jobs are going to give us the a lot of messages. One was people want- But how are our dollars being spent? economic growth and prosperity that is ed us to work together on bipartisan Are they being spent wisely or does necessary for today, for tomorrow, for solutions. And we’ve got those bipar- Washington continue to waste the ef- a healthy economy in this Nation. tisan solutions to avert this crisis but forts and the hard-earned capital of the We know that a healthy economy is also to avert so many of the other cri- American people? Let me give you a going to lead to continued economic ses facing our Nation. few examples. freedom and, thereby, political free- But another thing they said—and We had $700,000 that came out of the dom. We know that freedom leads to probably the loudest thing people pockets of hardworking Americans to brighter futures for our children and said—is they wanted us to focus on the

VerDate Mar 15 2010 06:33 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\K12DE7.103 H12DEPT1 smartinez on DSK6TPTVN1PROD with H6756 CONGRESSIONAL RECORD — HOUSE December 12, 2012 economy and creating jobs. That’s the portant point to make, that when you Mr. SCALISE. I thank the gentlelady biggest concern for most families raise the rates, which is a regressive from Tennessee again for yielding and across this country. People I talk to in action as you look at tax policy, what the gentlelady from New York for southeast Louisiana, they’re concerned you do is to drive down the revenues. If pointing those important facts out, be- about a sluggish economy, and, in what the President says, Mr. Speaker, cause if you look at an important point many cases, it’s some of the policies is that he wants more revenue, the way that was just brought up, under coming out of Washington that are cre- to get to more revenue is to clean up ObamaCare, there were more than 20 ating all of these problems. the Code, to actually lower your tax different tax increases in ObamaCare, many of which, by the way, hit the b 1920 rates and to generate more economic activity and growth so that we can middle class. Sure, in ObamaCare the If you want to say, will tax increases begin to grow and reshape our way out President went after those rich people solve any of these problems, first of all, of this. You’re never going to tax your that he despises so much. He’s happy to let’s go back and look at history. We’ve way out of it. You can’t spend your take their campaign cash during elec- gone and combed through and there way out of it. tions, but he went after them in has never been a time in modern his- I want to invite the gentlelady from ObamaCare with tax increases. But he tory where raising taxes got you to a New York into this because she is a also went after middle class families. balanced budget. Never. It’s never hap- physician. She knows, with all the This medical device tax that hits Janu- pened. The last time that a Republican ObamaCare taxes, that you’re not ary 1 hits every single American that House has balanced a Federal budget going to be able to deliver health care has medical procedures. was back in the year 2000. Not that with escalating the taxes that are on Mrs. BLACKBURN. To the gentleman long ago. It seems like a long time ago. the books pertaining to ObamaCare. from Louisiana, I hate to interrupt, Washington has balanced its budget. I yield to the gentlelady. but the Speaker is telling me that our We were living within our means back Ms. HAYWORTH. I thank the gentle- time has expired. We have so much to then, and we weren’t doing it through lady from Tennessee for leading this cover. We were joined by the gen- tax increases. It was done through con- session and our chairman of the RSC. tleman from Tennessee (Mr. trolled spending. Indeed, it’s true: as of January 1, 2013, DESJARLAIS) who’s been on the phone. I The last time a Democrat House has in fact, Congresswoman, there will be regret that we are out of time. He has balanced a Federal budget was 1969. So five new burdens, new tax burdens, on been doing a telephone town hall. maybe there aren’t many people the American people related to the We have solutions. The fiscal house around here on the Democrat side that enormous cost of the Federal takeover has to be brought into order. I thank know how to balance a budget. But you of our health insurance and in certain my colleagues for joining me on the don’t do it by raising taxes. In fact, respects of our health care. floor tonight to help make the point to John F. Kennedy when he pushed For one thing—and this is really, the American people. We are going to through his economic plan that got really a sad thing—right now, families stay with this fight and solve the prob- growth going in the mid-1960s, it was with special needs children can use lem. Our children and grandchildren through tax cuts. Go back and look at pretax dollars. They can protect those deserve it. the quotes. Some of the best quotes dollars to spend them on care and even I yield back the balance of my time. against growth in government, against education for their special needs chil- f tax increases were made by John F. dren in flexible savings accounts. As of INVESTING IN THE AMERICAN Kennedy when he pushed for a tax cut January 1, 2013, one of the new tax bur- ECONOMY that ultimately was passed by Presi- dens on those families and on every The SPEAKER pro tempore. Under dent Johnson. family that relies on a flexible savings the Speaker’s announced policy of Jan- So where do you get economic account will be that they will be lim- uary 5, 2011, the Chair recognizes the growth? Go back and look at those ited to $2,500 per year. That’s it. gentleman from New York (Mr. HIG- years. In the 1960s when they cut taxes, Now, tuition at some of the schools GINS) for 30 minutes. there was tremendous economic for our special needs children run to Mr. HIGGINS. Thank you, Mr. growth. A lot of jobs were created. In many thousands of dollars a year, Speaker. the 1980s when Ronald Reagan cut $10,000 or more. It used to be that fami- We hear a lot of the rhetoric on debt taxes, there was tremendous economic lies could use those dollars for their and deficit, and I think it requires a re- growth, one of the greatest times in special needs children. Now they won’t cent review of history. history. Ultimately, if you look at the be able to. Does that seem fair? It cer- Less than 12 years ago, the United deficits in those periods, it came be- tainly doesn’t to me. States had a $258 billion budgetary sur- cause you had a Congress that didn’t Mrs. BLACKBURN. You said there plus, meaning that we were taking in control spending even with more are five taxes that go on January 1. If $258 billion more each year than we money. our colleagues want to look at this list were spending. That budget surplus 12 And then you look at the Bush tax of taxes, are they listed on your Web years ago was a direct result of having cuts, because that’s what we’re talking site? created 22 million private sector jobs about here today: the expiration of the Ms. HAYWORTH. We will post a link, in the previous 8 years, underscoring 2001 and 2003 tax rates. When those tax because I’m not sure they are right, the fact that the best tax policy is cuts were put in place in 2003, after but we will post a link. Dividend taxes bringing back lost taxpayers to produc- that happened, within 3 years of tax are going to go up on our seniors, on tivity, more people contributing to the cuts, the Federal Government took in our fixed income families, on our sav- Federal Treasury and less people de- 40 percent more money. Now, you ers. That’s another burden, the new pendent on governmental programs. wouldn’t believe that if you listen to taxes that are going to be related to That $258 billion budgetary surplus some of the mainstream media. You health care, and there are three others was used as justification to enact tax would think that cutting taxes takes other than the flexible savings. cuts in 2001 and in 2003. Those tax cuts money away from government and you Mrs. BLACKBURN. As the gentlelady disproportionately benefited the need to raise taxes to bring in revenue. yields back, to the gentleman from wealthy. The supply side theory, if you The opposite is true when you look at Louisiana, I would think that the Re- ascribe to it, says that if you give large history. Forget about what politicians publican Study Committee has this tax cuts to the very wealthy, that in Washington tell you who want to linked on their Web site so people can money will find its way back into the take more of your money to go and see the taxes that are already going to economy in new business investment spend it on Big Government. When go up on them because of ObamaCare. and job growth. Eight years later, we they cut taxes in 2003, within 3 years We reiterate that what we want to do had the worst recession in the history the Federal Government took in 40 per- is lower the spending and get the fiscal of this Nation, and we had the worst cent more money. house in order. job loss in 60 years. Mrs. BLACKBURN. If the gentleman I yield to the gentleman from Lou- This economy is not growing to the would yield, I think that is such an im- isiana. extent that it needs to in order to

VerDate Mar 15 2010 06:33 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\K12DE7.104 H12DEPT1 smartinez on DSK6TPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — HOUSE H6757 produce employment. It’s growing at So what’s the answer to all of this? China—keep complaining about about 11⁄2 to 2 percent, which is not Every economist that you talk to, re- China. But do you know what? They enough to sustain the current level of gardless of their political persuasion, spend about 9 percent of their economy employment today, meaning that with- will tell you that we have a growth on infrastructure, on roads and bridges, out additional growth in this economy, problem. So how do you grow your on doing nation-building right in their we will have increases in unemploy- economy? You invest in it. The New home. Europe spends 5 percent. The ment in this Nation. America Foundation, a centrist, pres- United States spends less than 3 per- So what do we need to do? We need to tigious think tank here in Washington, cent of its economy on infrastructure invest in the American economy. We says that we should spend—that’s improvements. need to nation-build, not in Iraq, not in right, we should spend—and invest $1.2 So the need is very clear. So is this Afghanistan but right here at home, in trillion in a 5-year nation-building pro- Congress, is Washington responding to America. After the tragedy of Sep- gram right here in America. That na- the need? Well, not really. Not really. tember 11, 2001, we were chasing the tion-building program will create 27 Think about this for a moment: This losers of globalization, al Qaeda, bin million jobs over the next 5 years, add- Congress will spend $105 billion next Laden, two bad elements that had to be ing 5.2 million in the first year alone— year on rebuilding the roads and dealt with. 5.2 million jobs in the first year alone, bridges of this Nation, a nation of 300 b 1930 or 433,000 jobs each month. million people, where every objective Can you imagine if in the spring of But we should have been also chasing observer understands the need for in- the winners of globalization, those 2013 that we had jobs reports that were frastructure investment. So less than economies like China and India that showing that we were adding 400,000 to $53 billion in each of the next 2 years. were investing in their own economies 500,000 jobs each month? This economy You can’t spend any more, right? Well, and their own people to produce job would soar. Unemployment would be wait a minute. You just spent $89 bil- growth. That’s what’s needed here. reduced in the first year alone to 6.2 lion rebuilding the roads and bridge of Those who do all the complaining percent and in the second year to 5.6 Afghanistan. You just spent $67 billion about spending around here are those percent. This added growth in the econ- rebuilding the roads and bridges of who are responsible for all the spend- omy would return $592 billion to the Iraq. Those nations are 30 million and ing. In fact, in fiscal year 2013, we will Treasury in increased tax receipts. 26 million respectively. Yet, for a na- have a $900 billion budget deficit at- So the $1.2 trillion that you invest in tion of 300 million people, you could tributable to the Bush tax cuts, $137 rebuilding this Nation, that you invest only come up with less than $53 billion billion for the cost of war, and $354 bil- in putting unemployed people back to in each of the next few years? lion in the lingering impact from the work, returning veterans from Iraq and When the American Society of Civil recession. Afghanistan, will produce almost $600 Engineers says just to bring your infra- What we need to do is invest in billion in economic growth while we’re structure to a state of good repair it America, in infrastructure, in sci- rebuilding the infrastructure of this will cost you $2.2 trillion, it’s weak. In entific research and in education. It’s a Nation. And I will tell you, we need to fact, it’s pathetically weak. different world. We need to compete rebuild the infrastructure of this Na- So, the lessons about economic more effectively and do what other tion. growth are found in our recent history. countries are doing. Why is it that Ger- The American Society of Civil Engi- And the lessons of austerity, unfortu- many, a country that has one-fourth of neers gives us a D rating for the qual- nately, are right in front of us. In 1937, the population of the United States, ity of our infrastructure. The World when the American economy was com- exports more than what the United Economic Forum says that we are ing out of the Great Depression, we States does? Because if you look at our 24th—24th—in structurally deficient in- showed signs of anemic growth, and as Tax Code, it’s broken and it needs re- frastructure. In 2001, when we made all opposed to spending more to invest in form. Industries in the United States those investments in the American that growth, the President and Con- that are employing Americans are economy, we were number two in the gress pulled back in 1937, and what hap- given 2-year tax credits, and we expect quality of our infrastructure. pened? The economy went back into re- those American companies to make Transportation for America says that cession again. In the 1990s in Japan, generational commitments on a 2-year there are 63,000 structurally deficient they tried extensive austerity meas- tax credit. Look at places like Ger- bridges in this Nation. In New York ures only to put that economy into a many. They’re providing 10-year tax State alone, there are over 2,000 bridges recession for an entire decade. In Eu- credits. That sends a signal, a signal of that are structurally deficient. In my rope today and over the past 2 years, certainty and a signal of clarity to hometown in western New York, there austerity measures have prolonged, not businesses in Germany that there is a are over 99 bridges that are struc- taken that area out of recession. In commitment to embrace innovation turally deficient. Every second of every Greece—we often hear Members of this and technology to remain competitive day, seven cars drive on a bridge car- House who say the United States econ- in the manufacturing economy. rying our families that is structurally omy is going to be like Greece. Manufacturing today is not labor in- deficient. This is pathetic. tensive. It’s capital intensive. You al- The electricity grid in this Nation b 1940 ways have to be in a continuous im- ranks 32nd in the world in reliability— Oh, really? Greece is not growing. provement mode. But that requires one an embarrassment. The United States Greece has lost 25 percent of its econ- thing. It requires a confidence in the Chamber of Commerce, which should omy in the past 5 years. Greece’s econ- American people, a confidence in the be leading this effort, which should be omy shrunk by 7 percent this year American worker in making the kind leading this effort to invest in Amer- alone. There is a 20 percent unemploy- of commitments that are necessary to ican infrastructure by investing in ment rate in Greece, and it’s even high- compete with China. I often hear peo- American businesses and investing in er for younger people. Greece doesn’t ple on this floor every day whining American workers, says that we lose make anything that the rest of the about China. Yeah, China cheats on because of the poor quality of our in- world wants. The American economy is their currency. They treat their work- frastructure—$336 billion in lost dynamic, but the American economy ers poorly, and they destroy their envi- growth over the next 5 years alone. always needs to be improving with edu- ronment. But the best response to Chi- The United States Department of cation, scientific research, and infra- na’s growth is to stand up and compete Transportation says that freight train structure investment. with China and not whine about China. bottlenecks cost our economy $200 bil- A rational political system would re- Most American jobs are not lion a year, or 1 percent of our econ- spond much differently than what is outsourced to China. They’re omy. The Federal Aviation Adminis- going on here in this Congress. We’re outsourced to the past because we tration says air traffic delays cost $33 talking about spending cuts and tax failed to make the kinds of invest- billion last year. We need to double cuts to be extended that haven’t pro- ments that are necessary to keep the spending on ports by the year 2020 or duced economic growth. All the people economy growing. lose another $270 billion in exports. that are talking about spending did all

VerDate Mar 15 2010 06:33 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\K12DE7.106 H12DEPT1 smartinez on DSK6TPTVN1PROD with H6758 CONGRESSIONAL RECORD — HOUSE December 12, 2012 the spending. They’re the debt and def- production is an indication of future vices. Sixty-four percent of the deaths icit creators. If we want to experience economic growth. For the past 75 in Iraq are attributed to improvised ex- economic growth, we have to invest in years, we’ve lead the world in the num- plosive devices. Do you know how you this economy. It is critically important ber of patents that we produced. China defeat an IED? Don’t be there. So we to the future of this Nation. will overtake us. That is a direct result need to do nation-building right here Medical research. We need to en- of not investing in your own people and at home. We need to grow this econ- hance, not cut, funding to the National in scientific research. omy by investing in it in order to re- Institutes of Health and the National As I have said throughout this dis- duce debt and deficit and create em- Cancer Institute. Thirty years ago if cussion tonight, there are many other ployment and opportunity for future you were diagnosed with cancer, fewer areas that we can go into. The bottom generations. than 50 percent of those who were diag- line is this: all this talk about debt and With that, I yield back the balance of nosed lived beyond 5 years of their di- deficit—12 years ago we had a budg- my time. agnosis. Because of a robust commit- etary surplus in this Nation of $258 bil- f ment to cancer research in the 1990s, lion. Now we have record deficits. That IN THE CLOSING OF THE 112TH under a Democratic administration, surplus was created because we had the CONGRESS the survival rate now beyond 5 years confidence to invest in the American for adults is 60 percent and for kids it people, to do nation-building right here The SPEAKER pro tempore. Under is 80 percent. You’re investing into at home. the Speaker’s announced policy of Jan- medical research, into scientific re- A strong prosperous America is the uary 5, 2011, the Chair recognizes the search to create the jobs of the 21st best America in terms of our foreign gentleman from Illinois (Mr. DOLD) for century. I know that for my commu- policy, as well. We become the aspira- 30 minutes. nity in Buffalo in western New York, tion for the rest of the world when Mr. DOLD. Thank you, Mr. Speaker. that gave the Nation and the world America is doing what it ought to be Mr. Speaker, this institution, the cancer research, that gave the Nation doing, when it doesn’t fear its own peo- United States House of Representa- and the world chemotherapy in 1904. ple, when it seeks not to divide the Na- tives, enjoys a rich heritage that con- Making those investments has created tion, but bring it together. Hubert tinues to inspire. Through these mag- a dynamic new economy in downtown Humphrey once said that the greatest nificent Halls and this great Chamber, Buffalo, which used to be a manufac- foreign policy initiative of the Johnson celebrated American leaders have turing economy. It’s called the Buffalo- administration was the Civil Rights walked. Presidents have rallied a Na- Niagara Medical Campus. The Roswell Act. Although it was a domestic policy, tion, and monumental policy debates Park Cancer Institute, the first com- what he was saying was that when have echoed throughout the night to prehensive cancer institute in the en- America acknowledges its mistakes, forge America’s great history. This tire Nation, is leading the job growth when America lives up to its ideals, it building right here is the fulfillment of there with 12,000 new jobs and is pro- becomes an inspiration for the rest of what our Founding Fathers sought jected to grow another 4,000 over the the world. when skirmishes first broke out on the next 5 years because you had a Nation All of those areas of the economy fields of Lexington and Concord nearly that had the confidence in our sci- that Tom Friedman writes about in two-and-a-half centuries ago. It’s what entific community to make the kinds ‘‘That Used to Be Us’’ and ‘‘The World each succeeding generation of Ameri- of investments that create a diversified is Flat,’’ America used to lead. We cans has stepped forward to safeguard and strong economy so that we’re not don’t any more. We cultivated great in its own way, and it is what we have outsourcing jobs to the past but invest- artists, but we also cultivated the been entrusted to build on and ulti- ing to create jobs for the future. greatest economy in the history of the mately gift to our children. Here we Manufacturing in this Nation is not world. People that couldn’t dem- are, working each and every day, to dead. It will die if you continue to sim- onstrate—Rostropovich couldn’t con- prove ourselves worthy of the country ply whine about China. You need to duct an orchestra in his motherland. we inherited, the people we are here to make the investments in worker train- He came to America because we are a represent, and the limitless future we ing, in new technology, in innovation free Nation that celebrates and em- hope to build. to ensure that the workers that will re- braces the arts, and at the same time Mr. Speaker, I decided to run for quire 20 years, that go four or five on produces economic growth and oppor- Congress just over 31⁄2 years ago, the one piece of machinery—now you’ve tunity for generations of people. basement of my home serving as our got one worker on four pieces of ma- Tonight, I challenge my colleagues in team’s first office. We didn’t have chinery. This is what you have to do in the United States Congress to stand up much space or even a sign on the order to remain competitive in this for America, to do nation-building street, but we were all driven by the world economy. right here at home by investing in our idea and firm belief that our country’s All the books have been written. In own people, not $89 billion in rebuild- best days are in front of us, that we can Fareed Zakaria’s ‘‘The Post-American ing the roads and bridges of Afghani- get our economy roaring again, that we world,’’ he doesn’t argue that the stan, but a trillion dollars to rebuild can continue confidently as the best American economy is slipping quickly the roads and bridges of America; not hope for leading the world. It has been or deeply. He calls it ‘‘the rise of the $67 billion to rebuild the roads and quite a journey from that humble start rest,’’ that other economies are invest- bridges of Iraq, but a trillion dollars to to working here in the United States ing in their people and in their future. rebuild the roads and bridges of Amer- Capitol each and every day. But the Tom Friedman and Mike Mandelbaum, ica. great thing about America is that this who wrote the book ‘‘That Used to Be Everybody here talks a great game story isn’t so unique. Since our Na- Us: How America Fell Behind the about thanking our veterans for their tion’s very inception, we have always World it Invented,’’ say that because of service, but you know what the prob- been a place where what starts out as information technology, regardless of lem is? We have returning veterans small gatherings of concerned citizens, size, distance, and increasingly lan- from Iraq and Afghanistan who are ex- of individuals getting together to dis- guage, every country now can partici- periencing an unemployment rate of 30 cuss and plan how to make our country pate in a global platform to realize the percent. If you want to say thank you even better, can grow with hard work great economic benefits of on behalf of a grateful Nation, you cre- and dedication to actually achieve globalization. You can’t compete in the ate an economy that gives them an op- some of those very things. new world, in the new economy with- portunity to realize their full potential I first ran for Congress, not because I out making investments in your peo- as individuals. wanted to be somebody, but because I ple, your infrastructure, and the sci- wanted to do something. In fact, I entific research that’s important. b 1950 wanted to do a great many ‘‘big’’ China over the next couple of years Sixty-seven percent of the deaths of things. With so many millions of Amer- will catch up to us in terms of the American soldiers in Afghanistan are icans struggling to find a job and eco- number of patents it produces. Patent attributed to improvised explosive de- nomic security, I wanted to get this

VerDate Mar 15 2010 06:33 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\K12DE7.108 H12DEPT1 smartinez on DSK6TPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — HOUSE H6759 economy growing and get our country ation and on creating a climate that dustry. On this front, we’ve passed reg- back to work. With so many small better helps the private sector grow. I ulatory reform bills to improve the businesses finding it harder and harder believe that this represents the best quality of this process and have writ- to keep their doors open each and path to ensuring sustained economic ten letters directly to Federal agencies every day, I wanted to fight for small opportunity and upward mobility for to ensure that the rules are responsible business owners, like myself, and make millions of Americans. The House has and not excessively burdensome. We sure that the Federal Government did passed over 30 bills that have focused need regulation. We just want that reg- a better job of helping to create an en- on job creation, and I am pleased that ulation to be smart regulation and tai- vironment where small businesses and the House unanimously passed a jobs- lored regulation, not simply more of it. entrepreneurs can succeed. focused initiative that I introduced, Many employers talked to me about With our country buried in debt and the Global Investment in American the importance of increasing manufac- the problem only scheduled to get Jobs Act. This bill earned strong bipar- turing and trade opportunities. I’ve worse, I wanted to rein in the reckless tisan support, and I look forward to its, been very happy to advance these overspending in Washington, D.C., and hopefully, getting signed into law be- issues in Congress as part of a trade advance big solutions so that my chil- fore year’s end. But our efforts to help working group. I know that the trade dren, so that our children, could be free get people back to work most obvi- agreements we passed with South to reach their potential without pre- ously don’t start and end with legisla- Korea, Panama, and Colombia are al- vious generations’ debt obligations tion in Washington, D.C. Washington ready having and will continue to have holding them back. doesn’t create jobs. The private sector, a positive impact on manufacturers in With threats to our national security entrepreneurs, and small businesses do. the 10th District and around the coun- growing by the day and with an Iranian That’s why, over the course of the try. I am also pleased that we recently regime defiantly pursuing its nuclear last 2 years, we’ve put together a 10th made progress on improving opportuni- ambitions, I wanted to be not just a District task force that is focused on ties with Russia, but we have much vote in the United States Congress but jobs and have also hosted several high- more work to do in order to level the a leading voice. I wanted to be a true ly successful jobs fairs back at home. playing field regarding trade. champion, advancing vital measures to These jobs fairs brought together local Other small businesses talked to me keep our Nation and our allies strong hiring employers with hundreds of job about the need to have a highly skilled and secure. seekers and made a real impact on peo- workforce that is better trained and With the 10th District serving as ple’s lives. We also organized and prepared to take jobs in the 21st cen- home to so many great communities, hosted educational events with local tury. Out of this grew my legislation, great businesses, great schools, pas- exporters and manufacturers, exposing the Back to Work Blueprint Act, which sionate leaders throughout our commu- them to how they can leverage the Ex- would inject a new idea into improving nities, bright people, and treasured port-Import Bank and new markets the Federal workforce training pro- natural resources, I wanted to provide opened up by the passage of new trade gram and would ensure that skills de- the thoughtful, independent leadership agreements so as to grow their busi- veloped by workers match with the in Congress that our district has had nesses and create new jobs right here needs of the employer. and so richly deserves. Then with our at home. These conversations with small busi- Nation seemingly torn apart by I supported these things because I ness owners also strengthened my be- hyperpartisan politics and gridlock, I want to do everything I can to help lief that we need to continue the pro- wanted to prove that we could still get businesses and workers in the 10th Dis- motion of STEM education in Amer- things done if we were serious about trict and around the country succeed. ica’s schools—science, technology, en- working together in good faith and I’ve been proud that my time in Con- gineering, and mathematics—skills finding common ground solutions to gress has allowed me to continue to necessary to make sure students are move our country forward. champion the cause of small business prepared to take jobs in the 21st cen- We’ve certainly gone through tough growth, to make sure that small busi- tury. times recently, but I’ve always be- nesses know that they always have a Nearly every business owner shared lieved in the resiliency of the Amer- strong advocate for their issues with the importance, Mr. Speaker, of access ican people to make things better. We me in the United States Congress. Over to capital and credit for their busi- have been able to achieve great things the past few years, I’ve had the pleas- nesses. Capital is the lifeblood of our because our natural instinct is to as- ure of touring and visiting literally economy, and I am pleased that we fo- pire to achieve great things. This is thousands of small businesses in the cused in on this in this Congress with why I am here, and this is what I have 10th District of Illinois. I do this so the passage of the JOBS Act and other worked to accomplish each and every that I can hear directly from our local legislation that came out of the Finan- day while I’ve been in office. business community, and more impor- cial Services Committee. Of course, Now, these past years, we’ve made tantly from the thousands of constitu- many employers and small business sure to hit the ground running because ents who work in these businesses, owners and individual workers talked that’s what the 10th District expects. about what Washington can do better with us about the importance of keep- Stretching north along Lake Michigan to help them. ing the tax burden low and about mak- from the New Trier Township, We did employee town halls in places ing sure that our Tax Code was fairer Wilmette, Kenilworth, Winnetka, and like the DoALL Company in Wheeling, and simpler. Over the past 2 years, I’ve Glencoe to North Chicago and Wau- at the Colbert Packaging in Lake For- been proud to champion this through kegan, from Libertyville south to Glen- est, and at Hollister in Libertyville. We my active support for comprehensive view and Wheeling, Arlington Heights talked ideas with business leaders like reform that is focused on low rates, and Palatine east to Lake Forest and Steve Capp of Laserage Technology, eliminating the lobbyist loopholes, Lake Bluff, and Highland Park west Richard Zic of Dynomax, Inc., Jerry broadening the base, and focusing on through Deerfield, Buffalo Grove, and Larsen of Larsen Marine, and Matt economic growth. Long Grove, I’ve been fortunate to rep- Eggemeyer of Keats Manufacturing; resent a diverse congressional district and I always enjoyed visiting with our b 2000 that asks its leaders in Washington to community’s many storefront business I am confident that this will better tackle a wide-ranging and ambitious owners, whether on Milwaukee Avenue help small businesses compete and cre- agenda. With the help of so many good in Libertyville, in downtown Arlington ate additional jobs. people and coalitions both at home in Heights, or on one of the many beau- We also heard from many small busi- the 10th District and here in the United tiful main streets throughout the dis- ness owners—like Rick Woldenberg of States Congress, we’ve been able to trict. Learning Resources in Vernon Hills— achieve a number of things that I will To some, the big issue was making on the need to repeal the expensive and forever be proud of. sure that we had smarter, better craft- burdensome 1099 provision, which In the House of Representatives, ed regulations that take into account would have placed another unwelcome we’ve kept a sustained focus on job cre- the unique nature of a particular in- hardship on small businesses. I was

VerDate Mar 15 2010 06:33 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\K12DE7.109 H12DEPT1 smartinez on DSK6TPTVN1PROD with H6760 CONGRESSIONAL RECORD — HOUSE December 12, 2012 proud to get behind this issue very unavoidably means dramatic cuts down people in the 10th District of Illinois— early on and was a cosponsor of the the road on those vulnerable Ameri- community leaders like Sandy Perl, legislation and saw its passage through cans who need the program the most, Keith Shapiro, the late Richard into law. crippling increases to the debt, and Schoenstadt, Janet and Gadi Cohen, And finally, something that we’ve most likely both. Caryn Garber, Morrie Silverman and frequently heard from both workers Instead, I believe we have a genera- Lori Komisar, Richard Stein, Andy and employers is the need for payroll tional obligation to ensure that our Hochberg, Steve Lavin, Rick Bachrach, tax relief. This is something which I children’s potential is not crushed by a Rabbi Aaron Melman, Peggy Shapiro, proposed in legislation of my own, and debt burden born out of the inability to Rabbi Victor Weissberg, Marc Sacks, which I was pleased to support in a dif- govern responsibly. Ultimately, some- Steve Hefter, Andy Lappin, and so ferent piece of legislation, to put more thing as big as Medicare reform re- many more. Thanks to their passion, money into the pockets of hardworking quires broad bipartisan support, so we continue to work on preventing this Americans. we’re not there yet. We’re not, but I do Iranian regime from acquiring a nu- In essence, what we heard from our want to express my appreciation to clear weapons capability. We advanced local businesses over the past few years Democratic Senator RON WYDEN and many vital measures in this Congress developed into what was my Main the House Budget Committee Chair- on this issue, and I’ve been pleased to Street Jobs Agenda, which I’ve talked man PAUL RYAN for recognizing that a have the opportunity to act as a lead- at length about in this Chamber. With solution must be found if we ever want ing voice and a champion in Congress it’s focus on pro-growth tax reform, in- to get this country on stable financial for strengthening the sanctions on creasing exports in manufacturing, ac- ground. Iran. So much energy has gone into cess to capital for small businesses, While many can find fault and issues these efforts, not just from me, but making investments in infrastructure, with any proposal, we as Americans from many Members, and I will con- utilizing domestic energy resources, must applaud and encourage bipartisan tinue to urge that the United States STEM education, and implementing solutions. We must strengthen our so- ratchet up the pressure on Iran’s nu- smarter regulations, I believe, Mr. cial safety net and ensure its long-term clear ambitions until the threat is af- Speaker, that this remains the best viability. firmatively and effectively dismantled. recipe for getting our country back to Of course, getting our debt under Another focus of mine has been find- work. control impacts more than just what ing ways to strength the United Beyond our job creation efforts, I’m we do domestically. It impacts our States-Israel relationship. Whether it also proud of our leadership on con- ability to keep our homeland safe and has been delivering speeches from the fronting the Nation’s debt crisis. free, and it impacts our power to pro- floor of the House Chamber, drafting Though not always popular, I refuse to vide leadership on the international and introducing resolutions affirming accept the status quo of no budgeting, stage. Israel’s right to a secure border, trav- skyrocketing debt, and a sustained in- The 10th District has a history and eling to Israel and meeting with Israeli difference to the reality that ignoring tradition of thoughtful global outlook officials, authoring letters and recruit- the problem only makes it worse. and a special appreciation for the posi- ing other Members to sign on in sup- With over 40 cents now borrowed on tive role American leadership can and port, such as an early effort we led to every dollar spent by the Federal Gov- must play in the world. This is a re- show the commitment of House fresh- ernment, this is both a current crisis sponsibility that I fully embrace and men to fully fund our foreign aid com- and a future one as well. Last year advanced. mitment to Israel, including Iron alone, we spent more paying the inter- I have been honored to work with the Dome, in a tough budget climate, or est on the debt than we spent on the Armenian-American community to ad- cosponsoring and voting for critical domestic priorities of education, trans- vance the Armenian Genocide Recogni- legislation, I have looked to provide portation, and natural resource protection Resolution here in this Congress. I true leadership in support of our ally tion combined. This is unequivocally want to especially thank Ken Israel’s long-term security. unsustainable, which is why I have Kachigian, Ari Killian, and Greg Finally, I’ve looked to provide the dedicated much of my time and effort Bedian, and all the people at All Saints 10th District with thoughtful, inde- into reining in spending in Washington Church and the Armenian Cultural pendent leadership in Congress which and championing a big, bipartisan debt Center in Glenview, Illinois, for their it has had and I believe deserves. Our reduction agreement. support in educating me about their district is bound by deep-routed char- I’m very proud of our efforts to intro- key issues and concerns. acteristics—namely, a desire for prag- duce the first bipartisan budget in a I also want to recognize the Bahai matic, effective leadership, vigorous generation. I want to thank STEVE community in the 10th District, which independence, and the ability to work LATOURETTE and JIM COOPER for their helped me build support for the resolu- with the other side of the aisle in a civ- efforts and leadership on this. I also tion I introduced bringing attention to ilized and bipartisan manner. want to thank Congressman QUIGLEY the horrible mistreatment and atroc- On this, I’d like to especially recog- for working with me to cosponsor and ities of the Bahai people persecuted in nize my two most recent predecessors advance this legislation, which is based Iran. for this seat, Senator MARK KIRK and on the bipartisan Simpson-Bowles We put together a Human Rights Ad- John Porter. These men have served as framework. Mr. Speaker, this budget visory Board which allowed us to bet- valued mentors and friends. I’ve ultimately failed to pass the House, ter speak out about the mistreatment worked to carry on the proud legacy but I remain proud of our bipartisan ef- of religious minorities in Pakistan and that they burnished for the 10th Dis- fort—for which the USA Today called Bangladesh, especially in the Hindu trict. John Porter and now-Senator us the ‘‘Brave 38’’—and I believe this community. And we supported numer- KIRK have helped me in ways greater type of thoughtful, independent leader- ous initiatives aimed at addressing than they even know, and I’m deeply ship, this is the type of leadership that human rights abuses taking place in honored to consider them my friends. the 10th District deserves. Africa. I especially want to thank Dr. To this day, they continue to care I also believe that the courage and Richard Benkin for his commitment deeply about the people of the 10th Dis- leadership shown by the House to take and help with regard to this area. trict of Illinois. The quality of who on the difficult but necessary position And of course we also focused on they are and what they achieved is re- of reining in entitlement spending de- human rights and democracy pro- flected in the appreciation that our serves recognition. We know that Medi- motion inside of Iran. But our work on area still has for these two incredible care stands out as a primary driver of Iran obviously did not stop there. men. They set the standard by which our debt in the future. And, unfortu- Mr. Speaker, in my very first speech the 10th District leadership is meas- nately, this future is not so far off. on this House floor, I said that Iran ured, and I cannot thank them enough. With one of Medicare’s key programs posed the number one security threat The thoughtful, independent leader- scheduled to go bankrupt in the next to the United States. And thanks to ship that John Porter and MARK KIRK 10–12 years, sustaining the status quo the advice and counsel of so many good embodied are the same virtues that I

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You’ll have equally On a number of issues, ranging from and for that I will forever be grateful. weighted combatants, and then they the environment, education, stem cell In closing, it has been one of the will go at each other, and the best man research, title X funding and women’s greatest honors of my life to represent will win, or woman. health, gun control, and transportation the people of the 10th Congressional But we don’t have that kind of set up infrastructure, I’ve never been afraid District in the 112th Congress. I’ve when it comes to relations between em- to break from any party and do what I never forgotten where I came from and ployers and employees. There are no believe is best for my constituents and what I came here to accomplish and weight classes. And so what generally district. the importance of governing for the happens is whoever’s paying the work- people. b 2010 ers is usually the giant. And while I’ll miss many things, Mr. And so giants are in business to This is why I’ve consistently been Speaker, I will miss most of all the make a profit. That’s how they became ranked and considered as one of the many friends that I’ve made on both big and muscular. But they need those most independent and bipartisan Mem- sides of the aisle, and my dedicated and midgets, they need the midgets out bers of this body. talented staff, some of whom are here there, they need the workers to actu- Mr. Speaker, as an Eagle Scout, my this evening: Eric Burgeson, my chief; ally produce the goods or service that Scoutmasters, Lee Getschow, Charlie Kelley Folino; Kim Brisky; Philippe is traded in return for the money, Barnes and Artie Bergman, taught me Melin; David Stern; Kris Denzel; Eric which strengthens the giant. to respect and love the outdoors, which Disilvestro; Heb Siam; Eric Miller; So in an employment relationship, is why I especially want to highlight Daniel Serota; Mona Dooley; Stefani employer/employee, you’ve got the our work to protect Lake Michigan. Zimmerman; Mike Traikovich; Jack giant, you’ve got the midget. Because Beginning with the first bill I intro- Heyden; and Bryan Reed. They all there are no weight classes in that sit- duced in the House, the Great Lakes worked tirelessly for the constituents uation, you have an inherent imbal- Water Protection Act, along with my of the 10th District, and I’m proud to ance. Whoever has the most money has good friend, DAN LIPINSKI, Senators call them my friends. the most clout. They can give you a Mr. Speaker, I look forward to seeing MARK KIRK and DICK DURBIN, I’m proud job, or they can decide that they don’t this next Congress address some big of our efforts to keep Lake Michigan want to hire you. That’s not your call. things, some big issues because there’s clean. This legislation would prohibit You don’t have a right to work. You simply too much at stake. As I think wastewater pollution from running can offer yourself out for employment, about our Nation’s future, I’m re- into the Great Lakes, but our work to but you don’t have a right to work. minded of a Winston Churchill quote: protect the 10th District’s most cher- So with no weight classes in this em- Success is not final; failure is not fatal. ished natural resource did not stop ployment relationship, where the em- But it is the courage to continue that there. ployer is the giant and the worker is We focused on supporting the Great counts. Each Congress brings a new oppor- the midget, how do you go about mak- Lakes Restoration Initiative through ing it a fair fight? authoring and supporting funding tunity to write the next chapter in America’s exceptional story, but we Well, that’s where you put the midg- amendments and advocating for the ets together. You put 30 midgets in GLRI’s importance in testimony before must always remember that nothing is given. America’s greatness must con- with the giant, and the midgets then the House Budget Committee, all to have a chance, collectively. And so make sure that this important pro- tinue to be earned. Our Nation has been built, genera- that is how the situation has unfolded gram to protect the Great Lakes is here in America. adequately funded. tion by generation, through hard work and resiliency of the American people; Seventy-five years ago, almost 75 On a more local level, I’m proud that years ago, Congress passed the Na- we’ve finally been able to facilitate the and our generation must do our part to live up to this awesome responsibility. tional Labor Relations Act, which clean-up of Waukegan Harbor. The helps to protect American workers’ Superfund site which our community We must always be a country that stands for freedom and liberty, eco- rights to organize and negotiate the has been trying to restore and clean up terms of employment with corpora- for more than 20 years has finally nomic growth and opportunity for every American. And I remain opti- tions. The midgets get a chance to started under our watch. So much work speak with one voice to the giant. The that went in to getting this accom- mistic that we can continue to make this country even better if we stay midgets collectively have the ability to plished has happened, and I particu- stand somewhat equal to the giant. larly want to highlight and thank committed to these principles. Mr. Speaker, I want to thank the They have a possibility of winning. Susie Schreiber, Gerry Larsen and Cam people of the 10th District for the op- It’s never going to be an employee Davis for their dedicated service to portunity and honor to represent them win everything and employer goes cleaning up Waukegan Harbor, getting, in the United States Congress. down in defeat. finally Lake County’s gateway to the I yield back the balance of my time. Great Lakes delisted as an area of con- b 2020 cern by the EPA. f No. The thing is the workers get to- I also want to quickly highlight an- THE GIANT VS. THE MIDGETS gether. The midgets get together to try other cause which I’ve been proud to The SPEAKER pro tempore (Mr. to get as strong as they can so that champion, and that’s STEM education. DOLD). Under the Speaker’s announced they can then deal with that giant in a Science, Technology, Engineering and policy of January 5, 2011, the Chair rec- more productive way. And the giant, Mathematics, these are critical edu- ognizes the gentleman from Georgia wanting to avoid the fight, decides to cational fields that we need to make (Mr. JOHNSON) for 30 minutes. speak eye-to-eye with the midgets— sure our young students are not only Mr. JOHNSON of Georgia. Mr. Speak- with the workers—and work it out to exposed to but have the tools to excel er, I was thinking to myself earlier where everybody can win. That’s what and compete in the global market- today, what happens when you put in a it’s all about. place. This means giving these core cage fight a giant with a midget? So the National Labor Relations Act, areas extra attention. Well, the midget will not win the which protected American workers’ And on that, I’d like to highlight the fight. I’m going to tell you that. Why? rights to organize and negotiate the great work and dedication that Dr. Laz He just doesn’t carry enough weight terms of employment, this actually Lopez has given. As the principal of to do so. But if you put 30 midgets in leveled the playing field between the Wheeling High School, Dr. Lopez is with that giant, then the midgets have giant and the midget. It leveled the ahead of the curve in advancing STEM a chance. playing field.

VerDate Mar 15 2010 06:33 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\K12DE7.112 H12DEPT1 smartinez on DSK6TPTVN1PROD with H6762 CONGRESSIONAL RECORD — HOUSE December 12, 2012 Now, how was it set up that the col- no committee action. A sneak attack. ‘‘Don’t pass this law. This is wrong. lective body of workers could stand to- They announced it that Thursday Governor, don’t sign this law.’’ gether and negotiate fair wages and morning, the 6th, and by 8 p.m., action So in the absence of any manifesta- fair employment conditions; things to crush the union laws had passed tions of support for the workers, I’ve like paid holidays, things like health both houses, house and senate, in got to suspect that General Motors, care benefits, things like retirement, Michigan. Less than 10 hours it took to Chrysler, Ford, are feeling pretty good things like number of days off, things bring down 75 years of prosperity for about how things have worked out so like how much do you make, pay? So all. far. In the absence of somebody telling workers stood together. They had the Now, why would anyone want to me different, I’ve got to believe that ability to stand together, and they crush the union? And I’m not calling they see where that level playing field were protected by Federal law in stand- them right-to-work laws because, as I has now been tilted in their favor, and ing together to be able to bargain with told you earlier, there is no right to despite the fact that the midgets the mighty giant, the employer, to work. So let’s get rid of that misnomer helped them get up when they had fall- bring about some equity and a balance and let’s call the legislation what it is. en, now they’re going to crush the to that inherently unfair relationship. It’s not right-to-work legislation. It is midgets. That’s what it looks like to I won’t say ‘‘unfair,’’ but inherently crush-the-union legislation. Who would me. unbalanced, out-of-balance relation- want to crush the unions? It certainly Especially when I think back on this ship. wouldn’t be the union members them- organization which is known as ALEC. So we passed that law. It’s been selves. It must be, by process of elimi- ALEC is the American Legislative Ex- change Council. That’s ALEC. When I working well almost 75 years. But, la- nation, the folks that they work for. dies and gentlemen, in the course of Now, in Michigan, who did they work look back and think back on the his- just 7 days, what has happened in for? They used to work for GM and tory of that organization, and when I ponder who their corporate members Michigan is a blow to crush unions, to Ford and Chrysler, but due to all of have been, I’m brought to the realiza- crush collective bargaining, and to those hefty bonuses and corporate tion that those auto manufacturers are crush the power of individual workers greed that consumed the corporate to stand together, pool their resources longtime members of ALEC. leaders, they were so busy getting Now, what is ALEC? ALEC is an or- so that they can support public policy those bonuses and million-dollar bo- ganization that brings public officials, workers—in other words, politicians— nuses, multimillion-dollar bonuses and mainly State legislators, together for so that they could support those politi- salaries and whatnot, that they took quarterly meetings at luxurious loca- cians who support their interests. It’s their hand off of the wheel and they al- tions throughout the country. About 80 been working that way for almost 75 lowed competition from foreign auto- percent of the State legislators in years. makers to overtake their competitive During that time, we went from a America belong to ALEC. They pay position. And so, as a result, they dues. It used to be $50 a year. Now I un- Nation where so many people were in ended up needing a bailout. derstand it’s $100. You pay dues, $100. poverty, lived in poverty, had no bene- Ford didn’t need a bailout. They The citizens actually pay the dues for fits, made slave wages, worked 20 hours went and borrowed some money. They the politicians. That comes out of the a day, and went from that kind of situ- did it the right way. They also did State treasury. They join ALEC and ation into where most workers had ob- some things to make their business they go to the quarterly meetings and tained middle class status, where work- more competitive in terms of the prod- they participate in the legislative ef- ers could afford to go out and buy the ucts, and so they were able to weather forts of that organization, which also house, buy the two cars, send the kids the storm without a government bail- includes, in addition to legislators, cor- to college and take a vacation and have out. But Chrysler and General Motors porations, big business, some small nice clothes and all of the things that took money from the people to be able businesses, but it’s basically an organi- middle class people want. That’s what to sustain themselves. zation of big business. They wished the union movement produced for b 2030 that they could pay only a hundred America by being in a strong position dollars. They might pay $25,000 or more Both corporations were close to being to be able to demand fairness and eq- for a year as a member of ALEC. uity from the employer. crushed themselves, and the workers You’ve got corporate members, So the employers, let’s say General would have gone down with them. So you’ve got legislators who are mem- Motors, Ford, Chrysler, the automobile we did the right thing here and we pro- bers, you’ve got individuals and you’ve manufacturers, since we’re talking vided funds to bail out GM and Chrys- got corporations. You’ve got midgets about Michigan, they all made lots of ler. against giants, who are not against gi- money and the workers who work for As a result of that, and as a result of ants but with giants in ALEC. And the those companies were middle class and the workers’ union getting together giants take real good care of the midg- their children went to college and be- with the fallen giant to help pick that ets, as long as the midgets do what the came lawyers and doctors and account- giant back up, what they did was they giants want them to do. ants, and some of them even went back reached a deal, they cut back on some So, what am I talking about? At to work in the factories. But now, 7 of the vacation days and some of the these quarterly events, the legislators days it took to crush the ability of benefits, they lowered the wages. They are invited, as well as the representa- workers to stand together financially. did a lot to pick the giant up. The tives of the corporate interests. They They’ll never crush the spirit of the giant was awakened and ended up get- come together. They talk about the workers. But they have used the law ting back on his feet, and now General concerns of the business community. with no public hearings, no committee Motors has become, once again, the The business community has the legis- action, no regular course of action dur- number one automobile manufacturer lators there who make the laws. So ing the legislative session—which is a in the world. That shows you the they talk to those legislators. They’re lame duck legislative session, by the American spirit, and it was those being wined and dined the whole time. way—no regular order, just a sneak at- workers who were instrumental in And you’re able as a legislator to join tack. making it happen. a committee of ALEC. That committee Thursday morning, the 6th of Novem- Where were the auto manufacturers could be the public safety committee. ber, 1 month after the landslide elec- on December 6? Where were they? I’ve It could be the committee that deals tion in Michigan and throughout this seen reports that say that, well, you with voting issues. It could be the country that turned back the corporate know, they are just kind of staying in criminal justice committee. money that was a raid against the the background, but they really don’t Now, why would ALEC be involved in Democrats and a raid against President support this legislative effort to crush criminal justice? Well, you have pri- Obama, it turned that back. A resound- the unions. They say that we don’t vate prisons. The private prison indus- ing victory on November 6. On Decem- really need that right now. But there’s try is booming. They are members of ber 6, a sneak attack during a lame nobody from the company getting up in ALEC. They get those captive legisla- duck session, with no public hearings, front of the microphone and saying, tors to introduce bills or legislation,

VerDate Mar 15 2010 06:33 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\K12DE7.114 H12DEPT1 smartinez on DSK6TPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — HOUSE H6763 such as, let’s say, let’s target the un- you’re giving them campaign contribu- EXECUTIVE COMMUNICATIONS, documented immigrants. Let’s target tions so that they can get reelected. ETC. them. Let’s create some State laws, You got it going on. Under clause 2 of rule XIV, executive and Federal laws, also, to make it con- Unions don’t have that kind of set communications were taken from the venient, make it attractive for law en- up. There is no ALEC of unions. But Speaker’s table and referred as follows: forcement to go in there and bring unions do participate in the political 8707. A letter from the Director, Regu- those folks to the private detention process. They get behind candidates latory Mangement Division, Environmental center and house them down there and who support working people. Protection Agency, transmitting the Agen- pay them government money, $70, $80 a I see my time has come to an end, cy’s final rule — Clodinafop-propargyl; Pes- bed. and I would love to discuss this more. ticide Tolerance [EPA-HQ-OPP-2012-0202; Why would ALEC have a committee In fact, I believe that I will because FRL-9371-6] received December 4, 2012, pursu- dealing with voting rights? Well, to this time last year I was on the floor ant to 5 U.S.C. 801(a)(1)(A); to the Committee produce legislation that makes it more for an hour talking about the Koch on Agriculture. difficult for people who support the op- brothers. I want so much to be able to 8708. A letter from the Director, Regu- latory Management Division, Environmental position, makes it easy to deny those bring the Koch brothers into this dis- Protection Agency, transmitting the Agen- folks their right to vote. And so you cussion to see how Sheldon Adelson cy’s final rule — Picoxystrobin; Pesticide have those voter suppression laws. and Karl Rove come into this equation Tolerances [EPA-HQ-OPP-2010-0458; FRL- They came out of ALEC. going all the way back to the Lewis 9370-8] received December 4, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on b 2040 Powell memo. So we will be back. We will talk about those things as soon as Agriculture. Then you have the commercial com- possible. Thank you very much. 8709. A letter from the Director, Regu- mittee, let’s call it, of ALEC. They latory Management Divsion, Environmental produce legislation such as crush-the- f Protection Agency, transmitting the Agen- union legislation, also misnamed right- cy’s final rule — Dodine; Pesticide Toler- to-work legislation. It is not right-to- LEAVE OF ABSENCE ances [EPA-HQ-OPP-2011-0743; FRL-9364-7] received December 4, 2012, pursuant to 5 work, it is crush-the-union. By unanimous consent, leave of ab- U.S.C. 801(a)(1)(A); to the Committee on Ag- So the bill, or the bills, that have sence was granted to: riculture. been passed out of the Michigan assem- Mr. GRIFFIN of Arkansas (at the re- 8710. A letter from the Secretary, Depart- bly in both their house and senate are quest of Mr. CANTOR) for the week of ment of Education, transmitting the Depart- products of ALEC, the American Legis- December 11 on account of illness. ment’s final rule — Federal Perkins Loan lative Exchange Council, almost word Program, Federal Family Education Loan Mr. REYES (at the request of Ms. Program, and William D. Ford Federal Di- for word. I challenge anyone to go look PELOSI) for today and the balance of on the Internet, look at, if you will, go rect Loan Program [Docket ID: ED-2012- the week on account of medical rea- OPE-0010] (RIN: 1840-AD05) received Decem- look up prwatch, PR, Paul Robert, sons. ber 7, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); prwatch, W-A-T-C-H.org, prwatch.org. to the Committee on Education and the Go there and put in the letters A-L- f Workforce. E-C in their search button. Go there 8711. A letter from the Director, Regula- and find out about ALEC. Find out. Go SENATE BILL REFERRED tions Policy and Management Staff, Depart- look at the draft legislation that was ment of Health and Human Services, trans- A bill of the Senate of the following mitting the Department’s final rule — Uni- produced by the corporations who are title was taken from the Speaker’s members of ALEC which then, after form Compliance Date for Food Labeling table and, under the rule, referred as Regulations [Docket No.: FDA-2000-N-0011] wining and dining the legislators, the follows: received December 3, 2012, pursuant to 5 legislators then went back home and S. 3564. An act to extend the Public Inter- U.S.C. 801(a)(1)(A); to the Committee on En- introduced that legislation which bene- est Declassification Act of 2000 until 2014 and ergy and Commerce. fits the very corporations that wined for other purposes; to the Committee on 8712. A letter from the Director, Regu- and dined them and gave them the leg- Oversight and Government Reform. latory Management Division, Environmental islation. Protection Agency, transmitting the Agen- And guess what? Those corporations, f cy’s final rule — Approval, Disapproval and pursuant to Citizens United, can par- Promulgation of State Implementation ENROLLED BILLS SIGNED Plans; State of Utah; Regional Haze Rule Re- ticipate in the campaign process. They quirements for Mandatory Class I Areas can do electioneering. They can influ- Karen L. Haas, Clerk of the House, under 40 CFR 51.309 [EPA-R08-OAR-2011-0114; ence elections. They can give money to reported and found truly enrolled bills FRL-9751-6] received December 4, 2012, pursu- organizations that support candidates. of the House of the following titles, ant to 5 U.S.C. 801(a)(1)(A); to the Committee And so it’s an ugly lobbying situation which were thereupon signed by the on Energy and Commerce. when you put corporations with legis- Speaker: 8713. A letter from the Director, Regu- latory Management Division, Environmental lators in a wining-and-dining setting H.R. 3187. An act to require the Secretary Protection Agency, transmitting the Agen- with added benefit of campaign con- of the Treasury to mint coins in recognition cy’s final rule — Approval and Promulgation and celebration of the 75th anniversary of tributions. They can’t lose. That’s of State Implementation Plans: State of the establishment of the March of Dimes what ALEC is all about is putting leg- Washington; Regional Haze State Implemen- Foundation. islators with businesses. And then tation Plan [EPA-R10-OAR-2012-0078; FRL- H.R. 6582. An act to allow for innovations those legislators, who tend to be Re- 9722-9] received December 4, 2012, pursuant to and alternative technologies that meet or publican, then carry out the wishes of 5 U.S.C. 801(a)(1)(A); to the Committee on exceed desired energy efficiency goals, and Energy and Commerce. the big business. to make technical corrections to existing 8714. A letter from the Director, Regu- Who suffers? The middle class. So Federal energy efficiency laws to allow latory Management Division, Environmental just 30 days after, the middle class, the American manufacturers to remain competi- Protection Agency, transmitting the Agen- people, rue the day we still have ALEC tive. cy’s final rule — Outer Continental Shelf Air and the corporations that fund it out Regulations Consistency Update for Cali- f there trying to destroy the middle fornia [EPA-R09-OAR-2004-0091; FRL-9750-6] class by crushing the union. received December 4, 2012, pursuant to 5 How do they crush the union? Be- ADJOURNMENT U.S.C. 801(a)(1)(A); to the Committee on En- cause they know that the union doesn’t Mr. JOHNSON of Georgia. Mr. Speak- ergy and Commerce. have a situation like ALEC where you er, I move that the House do now ad- 8715. A letter from the Director, Regu- are putting the legislator with the cor- journ. latory Management Division, Environmental poration or the corporate interests. The motion was agreed to; accord- Protection Agency, transmitting the Agen- cy’s final rule — Approval of Air Quality Im- You’re putting them together, you’re ingly (at 8 o’clock and 45 minutes plementation Plans; California; South Coast wining and dining the legislators, and p.m.), under its previous order, the Air Quality Management District; Preven- then you are also pushing your legisla- House adjourned until tomorrow, tion of Significant Deterioration; Green- tion on them; and as an added bonus, Thursday, December 13, 2012, at 9 a.m. house Gases [EPA-R09-OAR-2012-0513; FRL-

VerDate Mar 15 2010 06:33 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\FM\K12DE7.115 H12DEPT1 smartinez on DSK6TPTVN1PROD with H6764 CONGRESSIONAL RECORD — HOUSE December 12, 2012 9749-6] received December 4, 2012, pursuant to the Department’s final rule — Airworthiness 8733. A letter from the Program Analyst, 5 U.S.C. 801(a)(1)(A); to the Committee on Directives; Fokker Services B.V. Airplanes Department of Transportation, transmitting Energy and Commerce. [Docket No.: FAA-2012-0589; Directorate the Department’s final rule — Airworthiness 8716. A letter from the Director, Regu- Identifier 2011-NM-189-AD; Amendment 39- Directives; M7 Aerospace LLC Airplanes latory Management Division, Environmental 17199; AD 2012-19-04] received December 4, [Docket No.: FAA-2012-0917; Directorate Protection Agency, transmitting the Agen- 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the Identifier 2012-CE-030-AD; Amendment 39- cy’s final rule — Approval of Air Quality Im- Committee on Transportation and Infra- 17177; AD 2012-18-01] (RIN: 2120-AA64) received plementation Plans; California; Eastern structure. December 4, 2012, pursuant to 5 U.S.C. Kern, Imperial, Placer, and Yolo-Slano; Pre- 8725. A letter from the Senior Program An- 801(a)(1)(A); to the Committee on Transpor- vention of Significant Deterioration [EPA- alyst, Department of Transportation, trans- tation and Infrastructure. R09-OAR-2012-0732; FRL-9739-5] received De- mitting the Department’s final rule — 8734. A letter from the Program Analyst, cember 4, 2012], pursuant to 5 U.S.C. Standard Instrument Approach Procedures, Department of Transportation, transmitting 801(a)(1)(A); to the Committee on Energy and and Takeoff Minimums and Obstacle Depar- the Department’s final rule — Airworthiness Commerce. ture Procedures; Miscellaneous Amendments Directives; General Electric Company Tur- 8717. A letter from the Director, Regu- [Docket No.: 30858; Amdt. No. 3493] received bofan Engines [Docket No.: FAA-2012-1017; latory Management Division, Environmental December 7, 2012, pursuant to 5 U.S.C. Directorate Identifier 2012-NE-30-AD; Protection Agency, transmitting the Agen- 801(a)(1)(A); to the Committee on Transpor- Amendment 39-17203; AD 2012-19-08] (RIN: cy’s final rule — Revisions to the California tation and Infrastructure. 2120-AA64) received December 4, 2012, pursu- State Implementation Plan, South Coast Air 8726. A letter from the Program Analyst, ant to 5 U.S.C. 801(a)(1)(A); to the Committee Quality Management District [EPA-R09- Department of Transportation, transmitting on Transportation and Infrastructure. OAR-2011-0876; FRL-9736-6] received Decem- the Department’s final rule — Airworthiness 8735. A letter from the Program Analyst, ber 4, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); Directives; Piper Aircraft, Inc. Airplanes Department of Transportation, transmitting to the Committee on Energy and Commerce. [Docket No.: FAA-2011-0639; Directorate the Department’s final rule — Airworthiness 8718. A letter from the Director, Regu- Identifier 2011-CE-016-AD; Amendment 39- Directives; Turbomeca S.A. Turboshaft En- latory Management Division, Environmental 17169; AD 2012-17-06] (RIN: 2120-AA64) received gines [Docket No.: FAA-2011-0115; Direc- Protection Agency, transmitting the Agen- December 4, 2012, pursuant to 5 U.S.C. torate Identifier 2010-NE-40-AD; Amendment cy’s final rule — Revisions to the California 801(a)(1)(A); to the Committee on Transpor- 39-17195; AD 2012-18-18] (RIN: 2120-AA64) re- State Implementation Plan, Monterey Bay tation and Infrastructure. ceived December 4, 2012, pursuant to 5 U.S.C. Unified Air Pollution Control District [EPA- 8727. A letter from the Program Analyst, 801(a)(1)(A); to the Committee on Transpor- R09-OAR-2012-0808; FRL-9750-4] received De- Department of Transportation, transmitting tation and Infrastructure. cember 4, 2012, pursuant to 5 U.S.C. the Department’s final rule — Airworthiness 8736. A letter from the Program Analyst, 801(a)(1)(A); to the Committee on Energy and Directives; BRP-Powertrain GmbH & Co KG Department of Transportation, transmitting Commerce. Rotax Reciprocating Engines [Docket No.: the Department’s final rule — Airworthiness 8719. A letter from the Chief, Policy and FAA-2012-0603; Directorate Identifier 2012- Directives; Airbus Airplanes [Docket No.: Rules Division, OET, Federal Communica- NE-17-AD; Amendment 39-17160; AD 2012-16- FAA-2012-0996; Directorate Identifier 2011- tions Commission, transmitting the Com- 13] (RIN: 2120-AA64) received December 4, NM-040-AD; Amendment 39-17202; AD 2012-19- mission’s final rule — Amendment of Part 27 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the 07] (RIN: 2120-AA64) received December 4, of the Commission’s Rules to Govern the Op- Committee on Transportation and Infra- 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the eration of Wireless Communications Services structure. Committee on Transportation and Infra- in the 2.3 GHz Band; Establishment of Rules 8728. A letter from the Program Analyst, structure. 8737. A letter from the Program Analyst, and Policies for the Digital Audio Radio Sat- Department of Transportation, transmitting Department of Transportation, transmitting ellite Service in the 2310-2360 MHz Frequency the Department’s final rule — Airworthiness the Department’s final rule — Airworthiness Band [WT Docket No.: 07-293; IB Docket No. Directives; Diamond Aircraft Industries Directives; Bombardier, Inc. Airplanes 95-91] received December 3, 2012, pursuant to GmbH Airplanes [Docket No.: FAA-2012-0633; [Docket No.: FAA-2012-0724; Directorate 5 U.S.C. 801(a)(1)(A); to the Committee on Directorate Identifier 2012-CE-018-AD; Identifier 2012-NM-043-AD; Amendment 39- Amendment 39-17170; AD 2012-17-07] (RIN: Energy and Commerce. 17215; AD 2012-20-09] (RIN: 2120-AA64) received 8720. A letter from the Program Analyst, 2120-AA64) received December 4, 2012, pursu- December 4, 2012, pursuant to 5 U.S.C. Department of Transportation, transmitting ant to 5 U.S.C. 801(a)(1)(A); to the Committee 801(a)(1)(A); to the Committee on Transpor- the Department’s final rule — Airworthiness on Transportation and Infrastructure. tation and Infrastructure. Directives; MD Helicopters, Inc. [Docket No.: 8729. A letter from the Program Analyst, 8738. A letter from the Program Analyst, FAA-2012-0342; Directorate Identifier 2011- Department of Transportation, transmitting Department of Transportation, transmitting SW-028-AD; Amendment 39-17216; AD 2012-21- the Department’s final rule — Airworthiness the Department’s final rule — Airworthiness 01] (RIN: 2120-AA64) received December 4, Directives; Various Restricted Category Hel- Directives; Eurocopter France Helicopters 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the icopters [Docket No.: FAA-2010-0488; Direc- [Docket No.: FAA-2012-0338; Directorate Committee on Transportation and Infra- torate Identifier 2008-SW-20-AD; Amendment Identifier 2009-SW-51-AD; Amendment 39- structure. 39-17126; AD 2012-14-12] (RIN: 2120-AA64) re- 17172; AD 2012-17-09] (RIN: 2120-AA64) received 8721. A letter from the Program Analyst, ceived December 4, 2012, pursuant to 5 U.S.C. December 4, 2012, pursuant to 5 U.S.C. Department of Transportation, transmitting 801(a)(1)(A); to the Committee on Transpor- 801(a)(1)(A); to the Committee on Transpor- the Department’s final rule — Airworthiness tation and Infrastructure. tation and Infrastructure. Directives; The Boeing Company Airplanes 8730. A letter from the Program Analyst, 8739. A letter from the Program Analyst, [Docket No.: FAA-2012-0491; Directorate Department of Transportation, transmitting Department of Transportation, transmitting Identifier 2011-NM-265-AD; Amendment 39- the Department’s final rule — Airworthiness the Department’s final rule — Airworthiness 17207; AD 2012-20-01] (RIN: 2120-AA64) received Directives; Lycoming Engines Reciprocating Directives; Eurocopter France Helicopters December 4, 2012, pursuant to 5 U.S.C. Engines [Docket No.: FAA-2006-24785 Direc- [Docket No.: FAA-2012-1018; Directorate 801(a)(1)(A); to the Committee on Transpor- torate Identifier 2006-NE-20-AD; Amendment Identifier 2011-SW-052-AD; Amendment 39- tation and Infrastructure. 39-17196; AD 2012-19-01] (RIN: 2120-AA64) re- 17204; AD 2012-19-09] (RIN: 2120-AA64) received 8722. A letter from the Program Analyst, ceived December 4, 2012, pursuant to 5 U.S.C. December 4, 2012, pursuant to 5 U.S.C. Department of Transportation, transmitting 801(a)(1)(A); to the Committee on Transpor- 801(a)(1)(A); to the Committee on Transpor- the Department’s final rule — Airworthiness tation and Infrastructure. tation and Infrastructure. Directives; Bombardier, Inc. Airplanes 8731. A letter from the Program Analyst, 8740. A letter from the Program Analyst, [Docket No.: FAA-2012-0588; Directorate Department of Transportation, transmitting Department of Transportation, transmitting Identifier 2012-NM-017-AD; Amendment 39- the Department’s final rule — Airworthiness the Department’s final rule — Airworthiness 17210; AD 20121-20-04] (RIN: 2120-AA64) re- Directives [Docket No.: FAA-2010-0217; Direc- Directives; Empresa Brasileira de ceived December 4, 2012, pursuant to 5 U.S.C. torate Identifier 2009-NE-23-AD; Amendment Aeronautica S.A. (EMBRAER) Airplanes 801(a)(1)(A); to the Committee on Transpor- 39-17194; AD 2012-18-17] (RIN: 2120-AA64) re- [Docket No.: FAA-2012-0638; Directorate tation and Infrastructure. ceived December 4, 2012, pursuant to 5 U.S.C. Identifier 2011-NM-266-AD; Amendment 39- 8723. A letter from the Program Analyst, 801(a)(1)(A); to the Committee on Transpor- 17201; AD 2012-19-06] (RIN: 2120-AA64) received Department of Transportation, transmitting tation and Infrastructure. December 4, 2012, pursuant to 5 U.S.C. the Department’s final rule — Airworthiness 8732. A letter from the Program Analyst, 801(a)(1)(A); to the Committee on Transpor- Directives; Pratt & Whitney (P&W) Division Department of Transportation, transmitting tation and Infrastructure. Turbofan Engines [Docket No.: FAA-2012- the Department’s final rule — Airworthiness 8741. A letter from the Program Analyst, 0060; Directorate Identifier 2012-NE-02-AD; Directives; Goodyear Aviation Tires [Docket Department of Transportation, transmitting Amendment 39-17123; AD 2012-14-09] (RIN: No.: FAA-2012-0881; Directorate Identifier the Department’s final rule — Airworthiness 2120-AA64) received December 4, 2012, pursu- 2012-CE-029-AD; Amendment 39-17164; AD Directives; Pratt & Whitney Turbofan En- ant to 5 U.S.C. 801(a)(1)(A); to the Committee 2012-17-01] (RIN: 2120-AA64) received Decem- gines [Docket No.: FAA-2010-1095; Direc- on Transportation and Infrastructure. ber 4, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); torate Identifier 2009-NE-40-AD; Amendment 8724. A letter from the Program Analyst, to the Committee on Transportation and In- 39-17104; AD 2012-13-02] (RIN: 2120-AA64) re- Department of Transportation, transmitting frastructure. ceived December 4, 2012, pursuant to 5 U.S.C.

VerDate Mar 15 2010 06:33 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\CR\FM\L12DE7.000 H12DEPT1 smartinez on DSK6TPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — HOUSE H6765 801(a)(1)(A); to the Committee on Transpor- PUBLIC BILLS AND RESOLUTIONS By Mr. PAULSEN: tation and Infrastructure. Under clause 2 of rule XII, public H.R. 6653. 8742. A letter from the Program Analyst, Congress has the power to enact this legis- Department of Transportation, transmitting bills and resolutions of the following lation pursuant to the following: the Department’s final rule — Airworthiness titles were introduced and severally re- Article 1 Section 8 Directives; Airbus Airplanes [Docket No.: ferred, as follows: FAA-2011-1167; Directorate Identifier 2011- By Mr. BURTON of Indiana: f NM-058-AD; Amendment 39-17189; AD 2012-18- H.R. 6650. A bill to amend title 39, United 12] (RIN: 2120-AA64) received December 4, States Code, to allow the United States 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the Postal Service to provide nonpostal services, ADDITIONAL SPONSORS Committee on Transportation and Infra- and for other purposes; to the Committee on Under clause 7 of rule XII, sponsors structure. Oversight and Government Reform. 8743. A letter from the Program Analyst, By Mr. ENGEL: were added to public bills and resolu- Department of Transportation, transmitting H.R. 6651. A bill to impose requirements tions as follows: the Department’s final rule — Airworthiness with regard to border searches of digital H.R. 15: Mr. AL GREEN of Texas. Directives; Univair Aircraft Corporation Air- electronic devices and digital storage media, H.R. 111: Ms. WILSON of Florida. planes [Docket No.: FAA-2011-0360; Direc- and for other purposes; to the Committee on H.R. 493: Mr. MICHAUD. torate Identifier 2010-CE-061-AD; Amendment the Judiciary, and in addition to the Com- H.R. 1546: Mr. NUNES. 39-17023; AD 2012-08-06] (RIN: 2120-AA64) re- mittee on Homeland Security, for a period to H.R. 2069: Mr. PASCRELL and Mr. STIVERS. ceived December 4, 2012, pursuant to 5 U.S.C. be subsequently determined by the Speaker, H.R. 2775: Mr. NADLER and Mr. DINGELL. 801(a)(1)(A); to the Committee on Transpor- in each case for consideration of such provi- H.R. 2931: Ms. SCHAKOWSKY, Mr. WELCH, tation and Infrastructure. sions as fall within the jurisdiction of the and Mr. HONDA. 8744. A letter from the Program Analyst, committee concerned. H.R. 3102: Ms. TSONGAS and Mr. SHERMAN. Department of Transportation, transmitting By Mr. NADLER: H.R. 3269: Ms. NORTON. the Department’s final rule — Airworthiness H.R. 6652. A bill to authorize assistance to H.R. 3510: Ms. ZOE LOFGREN of California. Directives; Eurocopter Deutschland GmbH United States independent music label com- H.R. 3600: Mr. GOHMERT. Helicopters [Docket No.: FAA-2012-0659; Di- panies to facilitate exports of recorded music H.R. 3769: Ms. SLAUGHTER. rectorate Identifier 2011-SW-061-AD; Amend- by such companies; to the Committee on ment 39-17101; AD 2012-12-21] (RIN: 2120-AA64) Foreign Affairs. H.R. 3790: Mr. DAVID SCOTT of Georgia. received December 4, 2012, pursuant to 5 By Mr. PAULSEN: H.R. 4209: Mr. DEFAZIO. U.S.C. 801(a)(1)(A); to the Committee on H.R. 6653. A bill to amend the Internal Rev- H.R. 6256: Mr. LEWIS of Georgia. Transportation and Infrastructure. enue Code of 1986 to provide standards for de- H.R. * * *: Mr. BISHOP of New York, Mr. 8745. A letter from the Program Analyst, termining employment status, and for other THOMPSON of Pennsylvania, and Mr. HOLT. Department of Transportation, transmitting purposes; to the Committee on Ways and H.R. 6446: Mr. PAULSEN. the Department’s final rule — Airworthiness Means. H.R. 6572: Mr. BARLETTA, Ms. TSONGAS, Mr. Directives; Various Restricted Category Hel- By Mr. CAMP: ENGEL, Mr. NEAL, Mr. LATHAM, and Mrs. icopters [Docket No.: FAA-2012-0896; Direc- H. Res. 829. A resolution returning several LOWEY. torate Identifier 2010-SW-070-AD; Amend- measures to the Senate; considered and H.R. 6590: Mr. MORAN. ment 39-17173; AD 2012-17-10] (RIN: 2120-AA64) agreed to. considered and agreed to. H.R. 6615: Mr. CROWLEY. received December 4, 2012, pursuant to 5 By Mr. LARSON of Connecticut: H.R. 6616: Mr. STIVERS. U.S.C. 801(a)(1)(A); to the Committee on H. Res. 830. A resolution designating the H.R. 6628: Mr. KEATING. Transportation and Infrastructure. ranking of a certain named Member of a cer- H.R. 6632: Ms. RICHARDSON and Mr. CLAY. 8746. A letter from the Director, Regu- tain standing committee of the House of H.R. 6633: Mr. PAUL, Mr. GOHMERT, Ms. latory Management Division, Environmental Representatives; considered and agreed to. GRANGER, Mr. BRADY of Texas, Mr. SAM Protection Agency, transmitting the Agen- f JOHNSON of Texas, Mr. CULBERSON, Mr. HEN- cy’s final rule — Revisions to Stormwater CONSTITUTIONAL AUTHORITY SARLING, and Mr. MARCHANT. Regulations to Clarify that an NPDES Per- H.R. 6646: Mr. PEARCE, Mr. WEST, Mr. GOH- STATEMENT mit is not Required for Stormwater Dis- MERT, Mr. BERG, Mr. NUGENT, Mr. FINCHER, charges from Logging Roads [EPA-HQ-OW- Pursuant to clause 7 of rule XII of Mr. ROKITA, Mr. SENSENBRENNER, Mr. RI- 2012-0195; FRL-9758-9] (RIN: 2040-AF42) re- the Rules of the House of Representa- VERA, and Mr. MARINO. ceived December 4, 2012, pursuant to 5 U.S.C. tives, the following statements are sub- H. Con. Res. 141: Ms. LINDA T. SA´ NCHEZ of 801(a)(1)(A); to the Committee on Transpor- mitted regarding the specific powers California, Mr. HOLT, Ms. TSONGAS, Mr. MUR- tation and Infrastructure. granted to Congress in the Constitu- PHY of Connecticut, and Mr. MORAN. H. Con. Res. 143: Mr. LARSEN of Wash- tion to enact the accompanying bill or f ington, Mr. BRADY of Pennsylvania, Mr. joint resolution. THOMPSON of Pennsylvania, Mr. RYAN of REPORTS OF COMMITTEES ON By Mr. BURTON of Indiana: Ohio, Mr. TURNER of Ohio, Ms. BORDALLO, PUBLIC BILLS AND RESOLUTIONS H.R. 6650. and Mr. HARPER. Congress has the power to enact this legis- H. Res. 732: Mr. DUNCAN of South Carolina Under Clause 2 of rule XII the fol- lation pursuant to the following: and Mr. CUMMINGS. Article 1, Section 8, Clause 7, which em- lowing action was taken by the Speak- H. Res. 736: Ms. LORETTA SANCHEZ of Cali- powers Congress ’’To establish Post Offices er: fornia and Ms. ZOE LOFGREN of California. and post Roads Mr. HASTINGS of Washington: Committee H. Res. 760: Mr. COHEN, Mr. SMITH of Wash- By Mr. ENGEL: ington, Mr. THOMPSON of Mississippi, Mrs. on Natural Resources. H.R. 6364. A bill to es- H.R. 6651. tablish a commission to ensure a suitable ob- Congress has the power to enact this legis- MALONEY, Ms. BROWN of Florida, and Ms. ´ servance of the centennial of World War I, to lation pursuant to the following: VELAZQUEZ. designate memorials to the service of mem- Article 1, Section 1 of the Constitution. H. Res. 824: Mr. OLSON and Mr. bers of the United States Armed Forces in By Mr. NADLER: SCHWEIKERT. World War I, including a National World War H.R. 6652. H. Res. 826: Mr. ROE of Tennessee, Mr. WIL- I Memorial on the National Mall in the Dis- Congress has the power to enact this legis- SON of South Carolina, Mrs. HARTZLER, Mr. trict of Columbia, and for other purposes, lation pursuant to the following: MCKINLEY, Mr. CHABOT, Mr. JORDAN, Mr. with amendments (Rept. 112–701, Pt. 1). Or- Article 1, section 8, clauses 3 and 18 of the BILBRAY, Mr. HUELSKAMP, Mr. BROOKS, and dered to be printed. United States Constitution. Mr. STUTZMAN.

VerDate Mar 15 2010 06:33 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\CR\FM\L12DE7.000 H12DEPT1 smartinez on DSK6TPTVN1PROD with 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, WEDNESDAY, DECEMBER 12, 2012 No. 160 Senate The Senate met at 9:30 a.m. and was appoint the Honorable KIRSTEN E. GILLI- structure they have had for the last called to order by the Honorable BRAND, a Senator from the State of New many years. He will not raise taxes on KIRSTEN E. GILLIBRAND, a Senator from York, to perform the duties of the Chair. the middle class, but those people who the State of New York. DANIEL K. INOUYE, have done well will have to pay a little President pro tempore. bit more. The American people think PRAYER Mrs. GILLIBRAND thereupon as- this is the way it should be. The Chaplain, Dr. Barry C. Black, of- sumed the chair as Acting President Now just a little bit of history. I have fered the following prayer: pro tempore. said this before, but I will go into a lit- Let us pray. f tle more detail today. When I first be- Lord, You provide for us light and came the leader, I took a trip with a salvation; whom shall we fear? You RECOGNITION OF THE MAJORITY LEADER number of Senators to South America, provide strength for our lives; of whom countries that we American Senators shall we be afraid? The ACTING PRESIDENT pro tem- had never been to, such as Bolivia. It Provide our lawmakers this day pore. The majority leader is recog- was a wonderful trip. It was great for boundless energy to accomplish Your nized. our country and good for the Senators purposes. Lift them over the hurdles of f to learn more about that most impor- fear and panic as You energize them tant part of the world to America. SCHEDULE with kindness, peace, and patience. I was very fixed on who I wanted to Lord, astound them with the many Mr. REID. Madam President, fol- go on that trip with me, but the two I ways You can help them find solutions lowing leader remarks, the Senate will asked to go were Judd Gregg of New to the problems that beset our land. be in a period of morning business until Hampshire, who had been chairman of Help them to consider any indecision 2 p.m. today. The Republicans will con- the Budget Committee, and KENT CON- that may bring catastrophic control the first 30 minutes and the major- RAD, who was the chairman of the sequences. May the tone and tenor of ity the final 30 minutes. Budget Committee at the time. Those their words and deeds this day build The time from 11:30 until 2 p.m. will two fine Senators spent about 18 hours bridges of cooperation for the good of be for remarks by our retiring Sen- seated side by side, both having tablets our Nation and world. ators. We pray in Your great Name. Amen. to write on, and they were working on Following morning business, we will the No. 1 issue they thought important f resume consideration of S. 3637, the for this country, which was what we PLEDGE OF ALLEGIANCE TAG extension legislation. The filing should do about the future of our coun- The Honorable KIRSTEN E. GILLI- deadline for first-degree amendments try economically. They came up with BRAND led the Pledge of Allegiance, as to that legislation is 1 p.m. today. an idea that was very good. It had follows: f worked before on closing military bases. I pledge allegiance to the Flag of the FISCAL CLIFF United States of America, and to the Repub- We had military bases that we had lic for which it stands, one nation under God, Mr. REID. Madam President, the been trying to close since World War I, indivisible, with liberty and justice for all. headline news for the last many weeks and we couldn’t do it. We didn’t have f has been the fiscal cliff. In speaking to the political will to do it. So we had a APPOINTMENT OF ACTING the President 6 months before the elec- base closing commission. With the base PRESIDENT PRO TEMPORE tion, a few weeks before the election, a closing commission we said: OK, we are few days before the election and imme- going to have a commission that will The PRESIDING OFFICER. The diately after the election, he indicated work on this and they will report back clerk will please read a communication we needed to get our financial house in to us. There will be no filibusters, no to the Senate from the President pro order, and that his goal—to do just amendments, just an up-or-down vote. tempore (Mr. INOUYE). that. We did that. We had two rounds of The assistant legislative clerk read But to do that, and because of past those, and we closed scores of bases and the following letter: experiences, he laid out what he want- saved the country hundreds of billions U.S. SENATE, ed, and it is very simple: The rates for of dollars. PRESIDENT PRO TEMPORE, those who have been blessed with eco- That is what Judd Gregg and KENT Washington, DC, December 12, 2012. To the Senate: nomic security in this country will CONRAD patterned their legislation on. Under the provisions of rule I, paragraph 3, have to be a little higher and middle- They would have an appointed commis- of the Standing Rules of the Senate, I hereby class Americans will keep the same tax sion that would report back to us, no

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

S7753

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A12DE6.000 S12DEPT1 tjames on DSK6SPTVN1PROD with S7754 CONGRESSIONAL RECORD — SENATE December 12, 2012 amendments, no filibusters. I thought Speaker BOEHNER will come around. I 20 of them and sent them to my friends it was novel, a great idea. So the legis- hope that, in fact, is the case. But to and my family, who I thought would lation was drafted and I brought it to this point there hasn’t been a lot of gain a great deal by learning from this the Senate floor. Seven Republicans progress, and I am very disappointed. book that JOE had written. who had cosponsored the legislation f JOE LIEBERMAN says his faith is the wouldn’t vote for it. We couldn’t get 60 basis for his strong desire to serve the votes to bring it to the floor. So a num- TRIBUTES TO DEPARTING State of Connecticut and our country. ber of us asked President Obama if he SENATORS During his four terms representing would do a commission and he did. It JOE LIEBERMAN Connecticut in the Senate, JOE LIEBER- was the Bowles-Simpson Commission. Mr. REID. Madam President, I want MAN played a key role in drafting and The Bowles-Simpson Commission to talk this morning about JOE LIEBER- passing many different pieces of legis- didn’t have the potential the Judd MAN. lation, including the 1990 Clean Air Act Gregg-KENT CONRAD work had, because The very modest apartment, with no amendments, which have literally although they would send us something hot water, where JOSEPH LIEBERMAN saved lives by eliminating harmful here, we could amend it and filibuster was raised has long since been demol- smog, acid rain, and other toxins in our it. But we didn’t have to worry about ished, but the values he learned in that air and water. He has been chairman of that, because we couldn’t get enough little apartment—in the flat above his the very important Homeland Security votes from the commissioners to do grandparents’ house—are still there. and Governmental Affairs Committee. that. So that was a failure. They are the same values of devotion He is a powerful voice on security Then President Obama entered into and public service that have driven him issues, and he has been exemplary in negotiations with the Speaker and not only to overcome humble begin- working on a bipartisan basis with they had talks that went on for weeks. nings but to serve the country for 24 Senator SUSAN COLLINS, who has been They failed. They had another round of years here in the U.S. Senate. the ranking member of that com- talks. That failed. JOE BIDEN, our Vice Two years ago, on the day he an- mittee. President, met with the majority lead- nounced his retirement from the Sen- JOE led the charge to create the 9/11 er of the House of Representatives, the ate, JOE LIEBERMAN described his rise commission and to implement its rec- Republican ERIC CANTOR. CANTOR from cold-water flat to Congress as fol- ommendations. He was a leading voice walked out of those meetings. lows: for the creation of that department, After all that, there was an agree- Homeland Security, which we now look ment made here that we would have a My four grandparents . . . came to Amer- ica seeking freedom and they found it. They to for keeping this country safe. supercommittee. It would work under came to America hoping for opportunities As a member of the Senate Armed the same terms and conditions as the and they got them. But even they could not Services Committee, Senator LIEBER- program Judd Gregg and KENT CONRAD have dreamed that their grandson would end MAN was a strong advocate for repeal of came up with. The supercommittee up a U.S. Senator. the discriminatory don’t ask, don’t tell would have 3 members appointed by JOE was always a natural-born lead- policy that unjustly forced gay and les- me, Senator MCCONNELL, the Speaker, er. He was president of his high school bian servicemembers into the closet. and Leader PELOSI—12 in all. Then we graduating class. He got undergraduate He fought to ensure our military is the would bring their work to the floor, and law degrees from Yale—one of the best prepared and best equipped fight- with no amendments, no filibusters. most prestigious universities in the ing force in the world. We have much About a week before they were ready— world—where he was chairman of the in common. We don’t always agree on they had to report by statute—I got a Yale Daily News. policy issues, but we do 90 percent of letter signed by virtually every Repub- He was a civil rights activist early on the time. Regardless of the few dif- lican Senator saying: No revenue. as a young man. He was inspired, as ferences we have, I have never, ever So the President is not going to fall many of us were, by the words of John doubted JOE LIEBERMAN’s principles or for that again. Because every time we Kennedy. JOE defeated an incumbent to have done this—and I just went over his patriotism, and I respect his inde- win a seat in the Connecticut State what has happened, and we can add to pendent streak as it stems from strong Senate, where he served for 10 years, that the Gang of Six, the Gang of convictions. JOE said it best himself: including 6 as the majority leader of Eight, and other well-intentioned Sen- I have not always fit comfortably into con- the Connecticut State Legislature. ventional political boxes. Maybe you’ve no- ators—never, ever could they agree on After returning to private practice ticed that. Democrat, Republican, liberal, revenue. So the President is not going for 2 years, he served as the first full- conservative. Because I’ve always thought to fall for that again. He is not going time Connecticut attorney general. It my first responsibility is not to serve a polit- to do that again. was during his years as attorney gen- ical party, but to serve my constituents, my It is as though we are going to have state and my country. . . . Whatever the par- a card game and they say, you show us eral that he met the love of his life, tisan or policy differences that divide us, all your cards and then we will show Hadassah. Today, they have 4 children they are much less important than the you ours. But when it comes time to and 12 grandchildren. shared values and dreams that unite us. show the cards of the person you are In 1988, he again took on one of the I have watched up close. He has been playing against—nope. It reminds me giants of politics in the State of Con- a wonderful Member of the Democratic of the ‘‘Charlie Brown’’ cartoon. How necticut in a race no one thought he caucus. I so admire and respect him. I many times is Charlie Brown going to could win, but he did. He defeated an agree with Senator LIEBERMAN’s val- try to kick that football? Because we incumbent U.S. Senator, and for the ues. He has been an asset to the Demo- know every time he approaches that last 24 years he has served the people of cratic caucus and our country. I am football it will be taken away from Connecticut and this country with pleased to have shared the dream of him. He can’t do it. That is what has honor and distinction. serving in the Senate with such an ex- happened here, and we are not going to I was pleased to have had an oppor- traordinary man and exceptional Sen- fall for that again. tunity to support Senator LIEBERMAN’s ator. I congratulate JOE and Hadassah The American people aren’t going to historic candidacy for Vice President on their years of dedicated service be- be under the illusion the Republicans in 2000. JOE was the first Jewish major cause they have worked together. I will, sometime in the future, come up party candidate for Vice President. wish them both happiness. with revenue. They are either going to Senator LIEBERMAN is a devout and The ACTING PRESIDENT pro tem- agree to raising the rates or we are observant Jew. He has even written a pore. The Republican leader. going over the cliff. How many times book about the importance of keeping f do we have to go through this drill to the Sabbath as a day of rest. I read the know it is an unfair game? So Presi- book. I was so impressed with that THE FISCAL CLIFF dent Obama is not going to fall for that book. Our Sabbaths may be on dif- Mr. MCCONNELL. Madam President, again. He has been very, very clear. ferent days, but the solemnity of the yesterday I came to the floor to point I heard Leader PELOSI say on the Sabbath is important to both of us. I out something that shouldn’t need re- news this morning she has hopes was so impressed by that book I bought peating but does: Any agreement on

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G12DE6.008 S12DEPT1 tjames on DSK6SPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — SENATE S7755 debt and deficit reduction has to in- is busy moving the goal posts. Instead graduation. In 1972, Peter was elected clude cuts on government spending. of leading as he was elected to do, he is to the State legislature, while OLYMPIA The reason I shouldn’t have to repeat out campaigning and playing games went to work as a legislative staffer for this is because the President himself with the Nation’s future. Maine Congressman Bill Cohen. has been running around the country So my sincere plea this morning is The young couple seemed well on for 2 years saying any agreement has that the President get serious; that he their way to building a life together, to be balanced—meaning both revenue put the campaign behind him and lead. but in 1973, in the midst of a winter and cuts. This was the message he ran If he does, he will have willing part- snowstorm, tragedy struck. Peter was on, and it also happens to be one that ners. The first sign is seriousness—seri- killed in a car crash, and at a still the overwhelming majority of Ameri- ousness about spending cuts. young age OLYMPIA was left to build a cans actually support, especially the OLYMPIA SNOWE life for herself. part about cuts, which more than Madam President, yesterday I began What could have marked the end of three-fourths say they support. If you the difficult task of saying an early her political aspirations became a new heard some of the wasteful projects I good-bye to now six Members of our beginning instead. As OLYMPIA once detailed yesterday, you would see why. conference who will be leaving the Sen- put it, she resolved to ‘‘make a positive I don’t think there is a single person ate at the end of the year. This morn- out of a terrible negative.’’ She ran for outside of Washington who doesn’t ing I would like to say a few words office in the special election held to fill think we waste massive amounts of about my friend and longtime col- her late husband’s seat, and she won. It money in this town and who doesn’t league, Senator SNOWE. was the start of a long and distin- wonder why it is so hard for us to agree She has devoted the last 40 years of guished career in public service. to cut back. Yet now, with the election her life to serving the people of Maine. OLYMPIA was subsequently reelected behind him, President Obama is sud- It has been an honor to work alongside to the Maine House in 1974 and elected denly silent on the need for spending this remarkable woman for the last 18 to the Maine Senate in 1976. In 1978, cuts. He keeps talking about balance. years and to see up close her tenacity when Bill Cohen, her friend and former That polls well, but when it comes to and tough-mindedness in the service of boss, ran for the U.S. Senate, she ran specific cuts he is largely silent. All of her constituents. Some have described for his seat in the House of Representa- a sudden it is all tax hikes all the time. Senator SNOWE’s advocacy for Mainers tives and won again. Forget balance. Just raise taxes and as ferocious, and I think there are few At the age of 31, she was at the time spend even more. better examples of that than the fight the youngest Republican woman ever The President and his allies have she waged on behalf of Maine after the elected to Congress and 1 of just 16 taken so many things off the table, the BRAC recommendations of 2005. women in the House. OLYMPIA served only thing left is the varnish. The When the list of targeted facilities eight terms in the House. She was a President now seems to think, after his came out, Senator SNOWE mounted member of the House Budget Com- reelection, if all he talks about is the what has been described as a relentless mittee, the House Foreign Affairs Com- need for tax hikes and that is all re- months-long campaign akin to a de- mittee, and the former House Select porters write about, we will all magi- fense at a trial. She marshaled all the Committee on Aging. Working with an cally forget the part about needing bal- data and the best arguments. When de- Arizona lawyer named JON KYL and a ance. It is a classic bait-and-switch, cision day finally arrived, not only Mississippi whip named Trent Lott, she and we are seeing new versions of it were two of the three Maine facilities helped turn minority Republicans into nearly every day now. a potent legislative force, ensuring Democrats campaigned for 2 years told to remain open, one of them was some of the biggest legislative vic- saying we needed to take a balanced actually expanded. It is stories such as this that help explain why OLYMPIA’s tories of the Reagan era. approach to our problems. Yet now It was while serving in the House that the President has been reelected, constituents keep sending her back to Washington by such wide margins and that OLYMPIA met Jock McKernan, who they are walking back, and the only was a rising political star in his own thing left are the taxes. What the why so many were shocked to hear that she would be leaving at the end of the right. Elected as Maine’s second Con- President should be doing after his re- gressman in 1982, Jock served alongside election is bringing people together year. OLYMPIA in the House and was later and showing that he has the desire and As one shipyard worker in Ports- elected Governor of Maine. The two the ability to lead the two parties to mouth whose job she helped save put were married in 1989, and they have an agreement that is good for the econ- it: been a great team since. As OLYMPIA omy and good for the country. We love her, and she loves us. [And] I can’t So far, at least, he has chosen a dif- recall ever saying that publicly about a U.S. puts it: ferent path—a path aimed at pleasing Senator, but truly she’s such a wonderful I have a wonderful partner in life. We’ve person. the most partisan elements of his base. been able to ride the waves together. A month after his reelection and weeks As Senator SNOWE will tell you, When George Mitchell announced his before the fiscal cliff, he would still many of her political views solidified retirement in 1994, OLYMPIA threw her rather campaign than cooperate. We during her modest Maine upbringing. hat into the ring and won by a land- will find out this week if he has the Her parents ran a diner near Augusta. slide with 60 percent of the vote will to change paths and get something While they didn’t have much, her fa- against her opponent’s 36 percent and done or just double down on the cam- ther was adamant she receive a good carrying every county in the State. Be- paigning. education. So much so that he was dis- lieve it or not, it was the smallest mar- Look, the election is over. The Presi- mayed to learn her kindergarten only gin of victory she has enjoyed in three dent may enjoy these political rallies, lasted half the day. ‘‘He was con- Senate races. With this victory, OLYM- but it is time to get serious. The Amer- vinced,’’ she once said, ‘‘that I was get- PIA became the only woman in history ican people are gravely concerned ting off on the wrong foot.’’ to serve in both houses of her State about the Nation’s future. They are It was at school that OLYMPIA first legislature and both Houses of Con- counting on us to prevent the kind of discovered her passion for politics. At gress. crisis that we have seen unfolding all St. Basil’s Academy, a Greek Orthodox In the Senate, OLYMPIA has worked across Europe. girls’ school she attended until she was tirelessly as a member of the Finance Republicans have engaged in these 15, she won her first election—as dorm Committee, the Armed Services Com- discussions in good faith. We have president. She later graduated from mittee, the Committee on Commerce, agreed to make tough choices. The Edward Little High School in Auburn, Science, and Transportation, the Se- question is, Where is the President? ME, and subsequently attended the lect Committee on Intelligence, and as Where is the President? Where is the University of Maine where, in 1969, she chair of the Committee on Small Busi- only man in the country who can make earned a degree in political science. It ness and Entrepreneurship. it happen? was also in college that she met Peter A lot of people like to focus on OLYM- Well, it appears that with just a cou- Snowe. Peter shared OLYMPIA’s passion PIA’s independent streak, but my expe- ple weeks left to resolve this crisis, he for politics. They married shortly after rience is that she herself has always

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G12DE6.010 S12DEPT1 tjames on DSK6SPTVN1PROD with S7756 CONGRESSIONAL RECORD — SENATE December 12, 2012 cared most deeply about the people of foot-long scarf, had two entire 27-foot As I have said before, people have no Maine. She has gone through great ef- evergreen trees for arms, and required business in politics unless they respect forts over the years to talk to her con- 16 pairs of skis for eyelashes. the judgment of the voters. If you run stituents directly. She once said: ‘‘It’s just my luck,’’ Senator SNOWE for office, you have to be able to take I’ve made main street tours across this said of the monument, ‘‘I’d have a victory or defeat in a gracious manner. state a hallmark of my tenure in public of- world record breaking monument I do respect the judgment of the voters. fice. They are like my secret poll. named after me, and it will be gone by I accept their decision in this election It is through these tours that OLYM- summer.’’ with the same attitude and sense of ap- PIA decides which problems to fix— OLYMPIA, you have had a truly re- preciation I held when I arrived in this whether it was storm relief after the markable career. We thank you for Chamber almost 3 years ago. 1998 ice storm, the fight I already men- your service to this Chamber and most When I was sworn in, I was the tioned to keep Maine’s military facili- especially to the people of the great 1,914th Senator accepting the oath of ties open, or reauthorization of the State of Maine. We wish you all the office by signing the book right up at Northeast Dairy Compact on behalf of best in the next phase of your life and, the clerk’s table. There were many Maine’s dairy farmers. as you think of what to put in your Senators who served before me and Of course, this isn’t to downplay memoir, I would only ask one thing: there will be many Senators who serve OLYMPIA’s penchant for independence Please, go easy on us. after my service is over. That my name is listed amongst them is very hum- or for joining gangs. Senator SNOWE’s f maternal grandparents immigrated to bling. RESERVATION OF LEADER TIME the United States from Sparta, which To all the people of Massachusetts, I may help explain her fighting spirit. The ACTING PRESIDENT pro tem- greatly appreciate the confidence you Just like the Spartan King Leonidas, pore. Under the previous order, leader- placed in me for the past 3 years in al- she has never been afraid of a fight— ship time is reserved. lowing me to represent them in the even with members of her own party. f Senate. To my colleagues, I thank them for the courtesy and friendship She headed the Centrist Coalition MORNING BUSINESS with Senator Breaux. She cochaired they afforded me during my time here. the Common Ground Coalition with The ACTING PRESIDENT pro tem- When I arrived, I promised I would read the bills, see how they affected Massa- Senator LANDRIEU. In 1999 she was one pore. Under previous order, the Senate of five Republicans to vote to acquit will be in a period of morning business chusetts, see how they affected our President Clinton of both articles of until 2 p.m., with Senators permitted country, our debt and our deficit and I impeachment. And in 2005 she joined to speak therein for up to 10 minutes would vote in an independent manner the bipartisan Gang of 14, which helped each, with the first hour equally di- based on the merits of that issue rather defuse an earlier dispute about threats vided and controlled between the two than political partisan politics. I am to change the Senate rules. leaders or their designees, with the Re- proud I did keep that promise to be Yet what many fail to mention is publicans controlling the first half. independent. I am proud my voting that despite her vaunted independence, Mr. BROWN of Massachusetts. record has identified me as the second most bipartisan Senator in the Senate, OLYMPIA has always been a very proud Madam President, I commend the mi- Republican. She recently said: nority leader for his nice tribute to as referenced by Congressional Quar- Senator SNOWE. terly, and that I was named as the We believe as Republicans that the individual is more important than the state. We The ACTING PRESIDENT pro tem- least partisan Senator in the Senate by believe that the great days of our past can be pore. The Senator from Massachusetts. Washingtonian magazine. a stepping stone to an even greater future. f It was that independent and bipar- We believe a job is preferential to a handout tisan approach that provided me with and independence is better than dependence. FAREWELL TO THE SENATE an opportunity to stand with the Presi- We believe that the private sector is more Mr. BROWN of Massachusetts. dent at the White House on three sepa- productive than big government will ever be. Madam President, I rise to give my rate occasions in the past 2 years to see When it comes to a balanced budget— closing floor speech for this session of bills I had either sponsored or played a a top priority for the party—Senator the Senate. key role in securing their passage SNOWE has been a true leader. She has From the date of my swearing in on signed into law. I was honored to work been a long-time supporter of a bal- February 4, 2010, until the last day I with my colleagues—many who are anced budget amendment. As far back serve in this great Chamber, which is 1 here today and many who are listen- as 1993, when she was still serving in month shy of 3 years serving, I still say ing—on both sides of the aisle on legis- the House, she was one of four initial and believe that, aside from my mar- lation that was signed into law to sponsors of the legislation that would riage to my wife Gail of 26 years and move our country forward, including have mandated a balanced budget. One the birth of my two children, Ayla and the STOCK Act to ban insider trading of her first acts as a Senator was to de- Arianna, serving in the greatest delib- by Members of Congress—I know the liver a speech before a Senate com- erative body for the Commonwealth of Presiding Officer played a key role in mittee in support of a balanced budget the Massachusetts, in the people’s seat, that as well—the hire a hero veterans amendment. has been the greatest honor I ever had bill to help our veterans who are fight- OLYMPIA’s many accomplishments in my life. I thank the people of Massa- ing for jobs actually have opportunities have attracted broad notice outside of chusetts for that opportunity. To think to be hired by employers who are look- Washington. In 2004 Forbes named her that someone such as myself, whose ing for those heroes; the crowdfunding ‘‘one of 100 most powerful women in parents were married and divorced 4 legislation which will help young en- the world,’’ rating her even more influ- times each, who lived in 17 houses by trepreneurs get access to new capital ential than J.K. Rowling or Oprah. In the time he was 18 and was subjected to and create jobs, something I hope the 2006 Time named her one of the ‘‘ten various forms of abuse growing up, still SEC will immediately come up with a best senators,’’ noting that she is ‘‘in has the honor to serve in one of the rule on so these people can start cre- the center of every policy debate in greatest deliberative bodies, as I said, ating jobs and raising money; legisla- Washington.’’ in the world is something I will not tion to reform Wall Street, where I was I do not think anything compares soon forget. the deciding vote to strengthen our with the honor that was bestowed on To the young people sitting here and country’s financial system; legislation Senator SNOWE by the townspeople of who may be watching, take it from me to eliminate an onerous 3-percent with- Bethel, ME, who, in 1999, created the that in this country, even when it holding tax; eliminating a stealth tax ‘‘Olympia SnowWoman,’’ a 122-foot tall seems that you are fighting against all that would have affected government snowman that still ranks as the tallest odds, anything is possible for you. contractors—that is also gone; legisla- snowman—or woman—ever built. It re- There are no obstacles that cannot be tion to ensure our fallen heroes receive quired 13 million pounds of snow, took overcome so do not give up and always the dignity and respect they deserve at more than 1 month to build, wore a 100- follow your dreams. the Arlington National Cemetery, that

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G12DE6.011 S12DEPT1 tjames on DSK6SPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — SENATE S7757 is something now that is also fixed; and spectful manner. If you see the movie his commitment to our troops. He many other congressional actions that ‘‘Lincoln,’’ you see that even back then fought to provide greater oversight at have made a difference not only in they were battling most of the time to Arlington National Cemetery, ensuring Massachusetts but in this great coun- convince each other to go one way or proper burials of America’s fallen he- try. These are all shared successes, and the other. Since when has it been a roes and secured a provision to create I was proud to be part of each and problem to have vibrant debate in the the Office of Service Member Affairs at every one of them. Senate, in this great Chamber? Since the Consumer Financial Protection Bu- I have always said in order to do our when? What is everybody scared about? reau to help returning servicemembers business as our country’s leaders we I don’t understand that. I am hopeful avoid financial fraud. must do our work in a bipartisan, bi- the leaders will come together and rec- The hard work and dedication that cameral manner to ensure the actions ognize we need to have that vibrant de- Senator BROWN has shown during his taken by Congress benefit all Ameri- bate. That is what makes this Chamber years of public service will surely bring cans, not just those of one political unique among any other form of gov- him continued success in the future. I party or one political ideology. During ernment around the world. To take thank Senator BROWN for his service in my time here and now as I am leaving, that away and limit it I think is a big the Senate and wish him the best. I have been and still am deeply con- mistake. I yield the floor. cerned about the lack of bipartisan ef- I wish to say thank you, obviously, I suggest the absence of a quorum. forts to solve our country’s most press- to the people of Massachusetts for en- The ACTING PRESIDENT pro tem- ing economic challenges and in turn trusting me to sit in the people’s seat pore. The clerk will call the roll. move our country forward. Many times for the past 3 years. I thank my col- The legislative clerk proceeded to political party and personal gain is put leagues who are here, with whom I call the roll. before the needs of our country. I know have had some great friendships and The ACTING PRESIDENT pro tem- we can do it better. The American peo- opportunities to work together. As I pore. The Senator from Illinois. ple expect us to do it better. As I leave, said many times before, victory and de- Mr. DURBIN. Madam President, I ask I challenge the leadership on both sides feat is temporary depending on what unanimous consent that the order for of the aisle to make the process more happens and where we go. All of us, ob- the quorum call be rescinded. open and transparent. I challenge viously, may meet again, but I am The ACTING PRESIDENT pro tem- Members to work with each other in a looking forward to continuing on with pore. Without objection, it is so or- more open and honest manner, and I those friendships, continuing on work- dered. challenge the President and the con- ing with my staff. f gressional leadership to also work to- I thank you for this opportunity to MIDDLE-CLASS TAX RATES gether immediately to address the con- speak. cerns and needs of our country because, Mr. CONRAD. Mr. President, I rise Mr. DURBIN. Madam President, the after all, we are Americans first and today to honor my colleague, Senator House of Representatives is back, and our country deserves better. SCOTT BROWN, who will leave the Sen- we welcome them. It is good to have In closing, I see my staff here. Many ate at the conclusion of the 112th Con- them back in business in Washington. I of them were here from the beginning. gress. Senator BROWN won a special hope the first order of business this They came from applicants, over 4,000, election in 2010 to fill the seat of the week is to pass a bill that we enacted for a very select few jobs. I thank late Senator Edward Kennedy, but his in July of this year which would pro- Vanessa Sinders, my chief of staff, and service to the State of Massachusetts tect 98 percent of American families each and every one of the staff for the began many years ago. from any increase in income taxes be- amazing work they have done in very Senator BROWN began his career in cause of the fiscal cliff. I hope both interesting times. To come here as the public service in 1992, working as a real Democrats and Republicans in the 41st or the 60th Senator and have the estate assessor for the town of House agree these working families media scrutiny and all the com- Wrentham, MA. In 1998, he was elected don’t need a tax increase. Those who mentary from every special interest to the Massachusetts House. Six years should pay an additional amount are group around the country, in the mid- later, he was elected to the State sen- those in the highest income categories. dle of a Senate that was gridlocked—to ate, where he was known as a strong That is what President Obama said. come here and have an opportunity to advocate for veterans issues. As a When we voted in the Senate, we said make a difference and do it well with- State senator, he championed legisla- those families making $250,000 or less out making any mistakes is something tion that created a check-off box on should have no increase in income tax. I think benefited Massachusetts but State income tax forms for veterans to I appeal to Speaker BOEHNER—before also benefited this great country. It al- indicate service in Iraq or Afghanistan he takes another recess in the House— lowed for the debate to resume once so that they could be efficiently noti- please call this measure and pass it. It again to eliminate a supermajority so fied of benefits. will give peace of mind to literally mil- one side could ram through things in His work on behalf of veterans is not lions of American families who are which the other side had no play or no surprising considering Senator BROWN wondering what is going to happen involvement. has proudly served in the Army Na- January 1. These are many families That is not what our country is tional Guard since enlisting at age 19 who struggle from paycheck to pay- about. That is not what this Chamber when he attended college at Tufts Uni- check. I have several letters. is about. We deserve better. The people versity. Once elected to the U.S. Sen- From Lansing, IL, Linda wrote: of Massachusetts and the people of this ate, his commitment to military and Please vote to keep middle class taxes country deserve better. They deserve veterans issues continued as he served from rising. $2,000 will help me to keep food to have their voices heard. Every per- on the Homeland Security & Govern- on the table and gas in my car. It could even help me help someone else. Please vote for son in this Chamber has one vote. To mental Affairs, Armed Services, and the middle class. think that one side or the other, de- the Veteran’s Affairs Committees. pending on who is in charge, is going to Although his time in the Senate was I will. This letter is from Jeremy in stifle that one Senator, from whatever short, Senator BROWN advanced several Princeville, IL: part of the country, not to let him or initiatives, including several that as- her have their moment to express their sist servicemembers and their families. I am reaching out to you to ask you to He successfully included a provision in continue to push for extensions of middle views on something that is important class tax cuts. We are a family of four mak- to them and their constituency, to the 2012 National Defense Authoriza- ing one hundred thousand annually. A two shut that off and put your thumb on it tion Act, which made certain that thousand dollar increase will hurt our family is not the way we should be doing it. members of the National Guard and in many ways. Our family is trying to better I am deeply concerned about any their families receive a fair housing al- ourselves but a $2,000 tax increase will hurt changes in the rules that are being pro- lowance when deployed overseas. Sen- our bottom line and the chances of enhanc- posed to eliminate the ability for both ator BROWN also worked across the ing our children’s lives. sides to do battle in a thoughtful, re- aisle on legislation that demonstrated Joan from Naperville writes:

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G12DE6.012 S12DEPT1 tjames on DSK6SPTVN1PROD with S7758 CONGRESSIONAL RECORD — SENATE December 12, 2012 Very high earners should pay more in VOTING RIGHTS even if it meant staying there 7 hours taxes. And as a former small business owner, Mr. DURBIN. Madam President, after to vote. I know this will not hurt small businesses— a prolonged debate, a lot of television Too many people were required to very, very few of us make over $250,000 a year cast provisional ballots when they . . . I know the gap between the rich and ev- commercials, robo-calls, and literally eryone is the greatest it’s been since the tons of political literature, the 2012 were, in fact, eligible and should have Gilded Age. Smart, brave politicians helped campaign is finally over. America can received a regular ballot. For example, give the middle class a chance—and we need breathe a sigh of political relief. When Pennsylvania issued double the number that from you now. it was all said and done, more than 120 of provisional ballots than it did in She wrote that to my office. I sup- million Americans participated. 2008. The provisional ballot is given to port her, and I think she and the Presi- As we know, the American people a voter when there is some question as dent are right. I am waiting for Speak- have returned a divided government to to their eligibility. In many cases that er BOEHNER to finally break out of this Washington. We have a Democratic question was raised because voters back-and-forth as to whether the Senate with an increased majority, a showed up at their polling place only wealthy in America should pay a little Democratic President, and a Repub- to find their name missing from the bit more in taxes. For goodness’ sake, lican House of Representatives. Yet by registration books. that is obvious to everybody in Amer- a margin of 3.4 million popular votes In Arizona more than 174,000 provi- ica but the Speaker. and 126 electoral votes, President sional ballots were cast. That is 7.4 percent of all ballots. That is higher than Mr. Speaker, get back to Ohio and Obama was reelected. any previous election. According to a ask some of those families about Now that the dust has settled, we recent analysis by a leading Arizona whether middle-income families should begin the time-honored tradition of in- paper, minority precincts—those with pay higher taxes come January 1. The augurating the President, swearing in African Americans and Hispanics—sub- answer is clear: They should not. It is new Members of Congress, and beginning a new session. The peaceful transmitted a disproportionately high num- within the power of Speaker BOEHNER ber of provisional ballots. Arizona has to bring to the floor of the House today fer of power and start of a new legisla- declared war on those minorities who a measure that passed the Senate in tive session are what we are all about were voting, and they saw it when July that will protect families making in a democracy. We don’t anticipate many of them could not get their bal- $250,000 a year or less. any new obstacles with new Members of Congress assuming power. However, lot counted on election day. It was put What I hear from the Speaker is, We we can’t say the same about many citi- in a separate box to be looked at later. won’t protect middle-income families zens who tried to vote in this election. Across the States with new voter ID until you agree to raise the eligibility Unfortunately, we know there were far requirements, hundreds of thousands of age for Medicare. too many voters who ran into obstacles people could not vote because they I have said to all who have asked, I and obstruction and unreasonable didn’t have or could not obtain the re- believe in entitlement reform. I believe delays at the polls. quired ID. Medicare going broke in 12 years is a In his address to the Nation on the In Pennsylvania, South Carolina, and serious challenge to all of us, but I am night of the election, President Obama Wisconsin many voters were confused loathe to see us make a policy change said: ‘‘We have to fix that.’’ He is right. by these new ID requirements and the in Medicare in the closing days of this As we move forward, we must look extent they were enforced on election month that we have to live with and back and thoroughly examine the prob- day. cannot explain. lems so many Americans have encoun- In Pennsylvania, for example, even Here is the part we cannot explain: If tered when they tried to exercise their though a court ruled that the State’s we increase the eligibility age for legal, constitutional right to vote. voter ID law could not be enforced dur- Medicare from 65 to 67, what is a per- Many of these problems were traceable ing this election, some voters were still son to do who retires at 63 or 64 with a to new voting laws enacted by Repub- asked for an ID, and in some cases they medical condition? Where are they lican-controlled legislatures across the were denied the right to vote. going to go for health insurance, the country who were trying to make it Too many eligible voters were unable insurance exchanges created by health harder for Americans to vote. to register. On election day too many care reform? Remember the Repub- The ALEC, American Legislative Ex- voters who thought they were reg- licans and their blood oath to kill that change Council, is a group of busi- istered learned that their names were the first chance they got? Is that going nesses that put millions of dollars to- not actually on the voter rolls. For ex- to be the only rescue, the only option gether to create obstacles and obstruc- ample, Florida imposed owners’ re- for a senior waiting for Medicare eligi- tions for people to vote. Their idea was quirements on third-party groups, such bility? Are the Republicans prepared to to diminish the vote among the poor, as the League of Women Voters and in- say they will now stand behind the in- minorities, and the elderly because dividuals who traditionally have con- surance exchanges and make sure there they believed those groups leaned ducted voter registration drives. Those is an affordable, accessible health in- Democratic. So if they could keep penalties were so awful, the League of surance plan that covers seniors until them away from the polls and discour- Women Voters in Florida stopped reg- they are Medicare eligible? That is the age them from voting, it would help istering voters for the first time in key question. Until they answer that, I the Republican candidates. more than 70 years. basically think the proposal of raising It didn’t work, but they sure tried, High school teachers faced fines of that Medicare retirement age is one and they made life miserable on elec- $1,000 under the law if they helped their that cannot be supported in good con- tion day for millions of Americans who students to register for the first time science. were just trying to do their civic duty. and didn’t follow the exact letter of Let’s get down to business. Let’s pro- Too many people stood in long lines. their new statutory law. As a result, tect the middle-income families in Too many people were unable to vote new voter registration in Florida actu- America. Let’s do it now. Let’s do it because they could not wait in long ally dropped 14 percent. That is bad before January 1. Let’s make sure they lines. news. Overall voter turnout was down have the confidence of knowing their For example, in Florida published re- compared to 2008. income taxes are not going up. One per- ports indicate some voters waited in If this is going to be a healthy, grow- son has the power to do it, and that is line for as long as 7 hours. They could ing, vibrant democracy, people who are Speaker JOHN BOEHNER. If he calls the not cast their ballots until 2:30 in the eligible to vote should be given that bill that passed the Senate, as he is morning. Why would a voter hang in opportunity, not penalized and denied. being urged to even by Members of his there? Some of them were just mad. These problems—and other problems— own party, we can give a good holiday They were mad that the State of Flor- encountered by voters at the polls were gift—if not a gift, at least a holiday ida and this Republican-inspired orga- not limited to one State or region. reference—to families all across Amer- nization, ALEC, were doing everything These problems were experienced by ica who are looking for some help not they could to deny their right to vote. voters across the country. Many of the only in this holiday season but beyond. They were darned determined to vote problems that voters encountered on

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G12DE6.014 S12DEPT1 tjames on DSK6SPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — SENATE S7759 election day were foreseeable and could right to vote, we have a job ahead of too-young age of 60. He was a fire- have been prevented. us. We shouldn’t be surprised that peo- fighter. He dedicated himself to serving Last year I started raising concerns ple all across America are angry about his community and, as he put it, broth- about these new State voting laws and what happened in this election. These ers and sisters in Colorado’s fire de- what they were going to do. As chair- State legislatures, instead of encour- partments. man of the Judiciary Subcommittee on aging people to exercise their civic Randy was an example to all of us be- Constitution, Civil Rights, and Human duty, were doing their best to discour- cause he dedicated his entire adult life Rights, I chaired the first hearing to age them. It is time for us to get seri- to helping others. He started at the age examine the potential impact of these ous about this. So next Congress, after of 19, in 1972, by joining the Denver laws in both Florida and Ohio. In both the first of the year, I am going to hold Fire Department and Denver Fire- States we heard from experts and elec- additional hearings on voting rights in fighters Local 858. Not long after that, tion administrators who warned that my Judiciary subcommittee. he took a more active role in rep- these new State laws would result in I am committed to thoroughly exam- resenting his fellow firefighters as an fewer registered voters, long delays on ining this issue. There is no excuse in advocate and a legislative consultant election day, confusion about ID re- America for standing in line 7 hours to for the Colorado Professional Fire- quirements, and an increase in provi- vote, for goodness sake. Other coun- fighters and Denver Local 858. He was sional ballots. This is just plain wrong. tries that do this by paper ballot don’t held in high esteem not just by his fel- In a country where we want every el- make people stand in lines that long low firefighters but by Colorado legis- igible American to get out and vote and they calculate the results the same lators on both sides of the aisle. Why and we want higher percentages of par- night. We should be embarrassed by was that? He was intelligent. He was ticipation, we have State legislatures what is going on, and the States should caring. He had a great sense of humor. inspired by ALEC dreaming up obsta- grow up and pay attention to what We all appreciated that when we came cles and ways to discourage voters. It they are doing to this great democracy into contact with him, whether we is sickening to think of how many lives in America. They are undermining the were Democrats or Republicans. have been lost by patriotic Americans right to vote just as surely as if they He was a leader and because of that to protect our right to vote, and then attacked it openly, by using these new he kept rising through the ranks. In to have these lobbyists, for their own obstacles they are creating—these IDs, 1995, he was elected president of the political purposes, denying that right limiting the early voting. Colorado Professional Firefighters. In over and over to thousands of eligible Listen, States such as Oregon and 2007, he was elected as vice president American voters. others have figured out people can vote for the International Association of One of the strongest tools we have to by mail without fraud, people can have Firefighters in the 9th District. When ensure the right to vote and to make opportunities to vote extended through he died, he was serving in both of those sure it is not denied on account of a early voting and absentee voting and positions. voter’s race, sex, or any other discrimi- give people their voice in this democ- I know the Presiding Officer has a natory basis is the Voting Rights Act. racy. If we want to restore the con- phenomenal crew of firefighters in her As we work to continue to perfect our fidence of the American people in our home State. We know what they did on Union, the importance of this law can- government, we have to give them 9/11 and what they do every day. Randy not be overstated. That is why the Vot- their voice on election day. Standing in was a man who served in that spirit. ing Rights Act enjoys a broad spectrum line 7 hours is an embarrassment in While he represented firefighters, he of support. every State where it happened, and we always was fighting for fair pay and In 2006 the Senate voted unani- have to make sure it doesn’t occur making sure those who stand up for us mously, 98 to 0, to reauthorize it. Just when it applies to Federal elections. in times of hazard and emergency have this year the Department of Justice I know the tradition. State laws de- the best possible safety equipment to used its authority under section 5 of termine election standards. That is the carry out their dangerous and often un- the Voting Rights Act to object to new way it goes. But when it comes to Fed- sung responsibilities. While at times voter identification laws that threaten eral elections, we have a voice in the Randy had to be pretty hard-nosed to disenfranchise hundreds of thou- process and we have to make sure we when it came to negotiating and stand- sands of voters. come together on a bipartisan basis to ing up for firefighters, he always had a In Texas, according to the State’s deal with it. I am pleased Chairman positive relationship with policy- own data, more than 795,000 registered LEAHY and I are going to be able to makers, even when he was tangling voters did not have the ID required work together to hold a hearing of the with them. I have to say I am glad we under their brand-new law. In South full Judiciary Committee next Wednes- agreed more often than we disagreed. Carolina the State’s data indicated day, December 19, to continue to ex- Randy Atkinson was truly an ad- 240,000 registered voters were without plore this issue, and then into the new mired figure. As I think about him, I the required ID and would not be able Congress we will be proposing specific wish we had more people such as Randy to vote under the State’s law. In those legislation to deal with this issue. Al- right here in Washington, DC. We two States alone, over 1 million people though another election season may would certainly get more done and we were going to be denied the right to have ended, our work to protect our would have stronger relationships with vote, even though they were registered Union and preserve our democracy has one another. voters, because they didn’t possess the not. Late this fall more than 500 of us newly defined voter ID in each of those Madam President, I yield the floor. gathered to celebrate his life, including States. That is more than 1 million The ACTING PRESIDENT pro tem- family members, friends, and work as- registered voters, I repeat, who would pore. The Senator from Colorado. sociates. We laughed and we cried and have been turned away. Well, thanks to f showed our appreciation for his life and the Justice Department and court deci- service. I was honored that day to be a sions, that didn’t happen, but it would RECOGNIZING THE LIFE OF RANDY part of that celebration. have. That was the plan. ATKINSON I want to extend my sincerest condo- Since the civil rights movement, Mr. UDALL of Colorado. Madam lences to his family, including his son women’s suffrage movement, and other President, I rise today to first recog- Randy, Jr., and his two daughters, historic fights to expand the right to nize the life of a very unique and re- Brenda and Denisa. We all loved him, vote are now in the history books, markable Coloradan, and then I will as I have said. I hope the viewers all some people think our generation’s re- speak to a cause that is near and dear understand how much I admired him, sponsibility to protect the right to to me, as it is I think to the Presiding how hard he worked, and how grateful vote is over. They are just plain wrong. Officer as well, and that is our wind en- we are to have known him. I am hon- When groups such as the ALEC, with ergy industry and the threat it faces. ored to be able to stand here on the businesses, corporations, and conserv- I wish to speak about a man by the floor of the Senate, remembering ative groups behind them, have an all- name of Randy Atkinson whom we lost Randy smiling, to recognize his life and out effort to deny and discourage the this year on October 9, 2012, at the way- his accomplishments and, above all, his

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G12DE6.015 S12DEPT1 tjames on DSK6SPTVN1PROD with S7760 CONGRESSIONAL RECORD — SENATE December 12, 2012 enduring spirit and his strong char- tential for significant economic devel- about 500—500 being actual jobs. Speak- acter. I think we have to keep his spir- opment and environmental benefits. In ing of tax payments, property tax pay- it alive in our attitudes and in our ac- 2011, wind energy provided 2.9 percent ments, about $6 million comes in from tions. of the Pine Tree State’s power and those wind projects to local govern- I thank the Chair for her interest in Maine’s wind farms power the equiva- ments. That money helps infrastruc- another firefighter. lent of about 100,000 homes. The out- ture improvements and other vital f look for their wind energy industry is services for local Maine communities. bright. The State has another 34 So it is obvious that the growth of WIND ENERGY TAX CREDIT megawatts of wind power under con- our domestic wind energy industry, Mr. UDALL of Colorado. Madam struction and enough untapped poten- aided by the wind production tax cred- President, I now wish to turn to the tial to power three times the State’s it, has helped create jobs, encouraged wind production tax credit. The Pre- current electricity needs. Three times energy security, and grown a clean en- siding Officer has been in the chair lis- their needs will be powered by har- ergy economy in Maine and all across tening on a number of occasions and vesting all the wind resources there. So our country. It is really that simple. she has been gracious in her interest I will say the PTC is crucial to their The wind energy PTC powers good-pay- and support of what we are trying to continued growth and the capacity ing middle-class jobs. However, if we do do. they have to tap into their available not extend it—it is a bipartisan policy, This is my 26th speech urging all of wind resources. by the way, and the father of the wind us to extend the wind production tax Maine, of course, has a vast interior, PTC is our own Senator GRASSLEY credit. It is known simply as the PTC but it also is on the coast. Right now from Iowa—if we do not extend this, we in the abbreviated form. It is going to Maine is New England’s leading land- are going to lose thousands of jobs. At expire in 4 weeks—less than 4 weeks, based wind producer, and experts pre- a time when our economy is still in im- actually—if we don’t extend it. I am so dict it could become the leading off- balance, that is not acceptable. It can- worried about what is going to happen shore wind producer in the coming not happen in Maine, it cannot happen to this important industry. years. The University of Maine has a in Colorado, and it should not be hap- The PTC has created good-paying center called the Advanced Structures pening to thousands of families across middle-class jobs in the wind energy and Composites Center, and their re- our country. So it is simple. industry not only in my own State—I search and development is paving the The PTC equals jobs. We need to pass have a bias about my own State—but way for this additional offshore devel- it ASAP. Let’s work together. Our in- all across the Nation. Almost every opment. action is stunting the growth of a 21st- State has a stake in the wind energy There is also an expiring tax credit century clean energy economic oppor- industry. When we think about what called the investment tax credit—the tunity for us. Those jobs are not nec- the PTC has done, we realize it has also ITC—and that provides additional in- essarily going to be lost if we do not do stimulated the growth of our clean en- centives. The ITC will be vital to the what we should do, but they are going ergy economy as well as promoted growth of offshore and distributed wind to go to places such as China, Europe. clean energy security. The Presiding power development as well. It is also at The world is investing in big numbers Officer serves on the Armed Services risk. We need to include a discussion of in wind energy because of all the possi- Committee so she knows the impor- the ITC as we consider the extenders bilities for economic development. tance of energy to national security. package. So let’s, in sum, remember that the We have 75,000 jobs in the wind indus- I have mentioned that what the wind production tax credit equals jobs. The try right now in Colorado. We are on projects do is to lift local economies. PTC equals jobs. Let’s pass it as soon track to produce 20 percent of our elec- The Presiding Officer has a lot of rural as possible. Time is running out. The tricity through the wind, by harvesting economies in the north and the west of clock is ticking. the wind, by 2030. But if we let the PTC New York, a lot of agricultural-based I thank the Acting President pro expire, estimates suggest we will lose economic activity. Wind power, when it tempore for her interest and for her half of those jobs. We would be down to is properly developed, is a cash crop support. New York has great wind en- 37,000 jobs. We also undermine our Na- that always comes in. As we face the ergy potential. tion’s pursuit of true energy security. consequences of this economic slow- With that, I yield the floor. Our inaction, although the tax credit down, wind power has helped a lot of I suggest the absence of a quorum. hasn’t expired, has halted further de- local economies have additional rev- The ACTING PRESIDENT pro tem- velopment in the wind energy industry enue, economic activity, and jobs. pore. The clerk will call the roll. because that set of leaders can’t in In that context, I wanted to talk The legislative clerk proceeded to good faith bring that capital to bear about the Bull Hill Wind Project in call the roll. and make those investments if they Maine. It is in Hancock County, down Mr. CORKER. Madam President, I think the wind energy credit will truly here on the coast. I think it is called ask unanimous consent that the order expire. We have had hundreds of layoffs down east if one is from Maine. That for the quorum call be rescinded. in Colorado. The business has nearly project was just completed. It will gen- The ACTING PRESIDENT pro tem- ground to a halt, and we see that all erate $100,000 annually in tax revenue, pore. Without objection, it is so or- over the country. Then we get a ripple and it has supported about 100 jobs dur- dered. effect in those communities because ing the peak of the construction. That f tax receipts go down, people aren’t as is a significant number of jobs in a upbeat about the future, and it is a rural county in a State such as Maine. THE FISCAL CLIFF downward spiral we have to end. We I have to put a pitch in for Colorado. Mr. CORKER. Madam President, I should be doing everything we can This project uses wind turbines which notice the Chamber is empty today, coming out of this tough economic re- are made by Vestas which manufac- and I guess most of us are waiting to cession—the great recession—to make tures blades, nacelles, and towers in see if there is going to be an arrange- strategic investments in our economy Colorado. ment made between the President and and in our energy portfolio. Much like in Colorado, the produc- Speaker BOEHNER on our fiscal cliff So with that general outline of what tion tax credit creates and sustains that is coming up in just a few weeks. we face, I wish to turn to the State of manufacturing jobs, and it is creating I know all of us want to see that hap- Maine today. The Presiding Officer and growth in Maine. I know we have some pen. I think each of us knows the very I have great respect for both of our job numbers in the manufacturing sec- best thing that can happen for the Maine Senators. We are going to miss tor that I will share with my col- economy in New York or Tennessee or Senator SNOWE, and Senator COLLINS leagues. There are four facilities in any other place is for us to get this be- has been a strong supporter as well. Maine that produce components for the hind us and for businesses to begin this Maine is well positioned to become a wind energy industry and the installed next year knowing that Congress and major player in the wind energy indus- wind projects across the State to which the White House have worked out an try going forward. Maine has the po- I have alluded. Those jobs number arrangement to put this fiscal issue in

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G12DE6.016 S12DEPT1 tjames on DSK6SPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — SENATE S7761 the rearview mirror. I know we are during this fiscal dilemma, where we something you would not do yourself. moving, hopefully—what we would like raised the debt ceiling by $1 for every What I plan to do over the next couple to do is move not just beyond the fiscal $1 in cuts that are made—I think that days is to offer a piece of legislation cliff but have a fiscal reform bill in is an appropriate arrangement for us that would cut and reform Medicare, place that is in the $4, $4.5 trillion until we get through this fiscal issue. Social Security, and Medicaid by $900 range so we can at least for a period of Again, what I would rather see hap- billion to $1 trillion. I hope to do that time put this issue in the rearview mir- pen is that we just deal with that all over the next couple days, offer that as ror. right now, and we start off next year one suggestion as to how we raise the So, Madam President, I want to tell with people knowing that is done. debt ceiling by $900 billion to $1 tril- you that I am hopeful that is going to Since it looks like every day that goes lion. occur. I know there have been a lot of by, it looks like it is increasingly un- I know that again is going to be com- discussions in our caucus, in the Act- likely that is going to happen, I wanted ing up in February or March. I know ing President pro tempore’s caucus to offer a proposal for the leadership of we are going to have the issue of the about that happening. On the other the Senate; that is, since it looks like CR coming up. But if the President and hand, it is my understanding that these the debt ceiling could be coming up Speaker BOEHNER are unable to come negotiations really are not moving early next year—as a matter of fact, it to an arrangement, I do not think along very rapidly. We only have a few may coincide very closely with the there is any question that people weeks left in this year, and it is begin- continuing resolution. There are two, if around here are going to become very ning to look as though, at a minimum, you will, moments in time where we focused on the debt ceiling and cer- if there is an arrangement made, it is have to make big decisions for our tainly the continuing resolution. not going to be one of the size that all country. What I would say is let’s get busy. of us would like to see happen. I would offer that we go ahead and Let’s not wait until the last minute. I know one of the issues all of us begin the process of the debt ceiling. I Let’s not have closed-door meetings. have talked about is the middle-income would make the proposal that the first Let’s work this through the committee citizens in our country. I know at some roughly $1 trillion—$900 billion to $1 process. Then, when the Senate passes point both Chambers will come to the trillion in raises in the debt ceiling are their bill and the House passes their rescue of 98 percent of the people in our accompanied by $900 billion to $1 tril- bill, let’s have a conference and let’s country and pass some resolution deal- lion in cuts in entitlement spending to deal with the legislation that is necessary to make sure we continue the ing with the tax issues for 98 percent of actually cause those programs to be precedent that, by the way, the Presi- our people. I would say, the sooner we solvent. I think all of us want to make dent set this last time with Congress; do that, the better. Actually, that sure seniors in this country are pro- that is, for every $1 we raise the debt alone would move us beyond this fiscal tected. We know we have to make some ceiling, we reduce spending by $1. cliff at year end. Again, I know there adjustments to Medicare, Social Secu- We know this precedent is not going are a lot of discussions taking place in rity, and Medicaid, which deal with the to continue forever. But I think that both Chambers about the best way for poor, to make sure these programs over where we are in the country, we know that to happen. time are solvent, are not a huge drain we have tremendous fiscal issues. We But what I guess I am leading to is on the States that support them in the have $16 trillion of debt right now, and that it looks as though, based on where case of Medicaid. it is rising. I know all of us know that What I am saying is why do we not go the negotiations are right now, this is the No. 1 threat to our Nation. In issue is going to move into next year ahead and get started. I know most of fact, every developed country in the and that we are still not going to be at us did not particularly like the process world knows the greatest threat to the dollar amount I know the Acting last time, where basically these discus- America and, candidly, to the world President pro tempore has talked sions took place in private and at the right now is our solvency. Economists about and I have talked about and that last moment we understood what the on both sides of the aisle have said the we are still going to have this issue to deal was. Then, after that, if you re- greatest threat to our country is sol- deal with. As a matter of fact, what it member, we had a process, a supercom- vency. looks like may well happen is that all mittee that was put in place, six Re- Let’s face it. We are probably going we do this year is, hopefully, move be- publicans, six Democrats, highly quali- to deal with the revenue at year end. yond the fiscal cliff. fied folks. But they did not come to a We all know that. We can kid around, I know over in the House there are resolution so we have ended up with se- we can put our heads in the sand, but discussions about, when do you do this? questration. we know we are going to be dealing Do you do it on January the 3rd or do What I would propose is instead of with a portion of the revenue issue at you do that in this calendar year? doing things in private such, let’s go year end. At some point we have to res- I would argue the very best way for ahead and address the issue now in reg- cue the 98 percent. What I would say to us to deal with this would be to deal ular order. What I would like to pro- my friends in the House is that, can- with it prior to year end and go ahead pose to the leadership of the Senate didly, if we are able to rescue the 98 and take our responsibility seriously, and offer to the House also is that percent and then we dealt with the make sure we rescue the 98 percent of since we know the debt ceiling is com- other 2 percent either with rates or by the people in our country before year ing up and since none of us—none of us tax deductions—I am open to both, and end so they go into the new year know- wants to jeopardize the credit rating of we even protect the small businesses as ing that has been dealt with, and then this country, I would propose we finish so many people on both sides of the there are other ways we can deal with our work at least 1 month in advance aisle have suggested—I would say to the other 2 percent. of the debt ceiling needing to be raised. my friends in the House that the rev- I know in New York, for instance, That way everyone in the world enue figure that would accompany $250,000 a year is not considered to be knows we have solved this problem. I these changes is much smaller, can- extremely wealthy. So it may be that would also propose we do it through didly, than maybe the first offer that we deal with the other machinations regular order in the committee process was made from the House to the Presi- other than what has been laid out in so people can see how we are moving dent. public by the President. But I think we along. Are we making progress? Are we This is actually a better way for are going to deal with this issue. doing the things that are necessary to those of us who believe spending is the I wish to come to the debt ceiling. be able to raise the debt ceiling during issue. There is a better way to cause Everyone in this country knows what this period of time when we have so revenue to be at the appropriate mix damage was done to our country when many fiscal issues? level, if you will, in solving our fiscal we pressed right up against the debt My third suggestion is that 100 per- issues. We have had a lot of talk about ceiling two Augusts ago. I do not want cent of the first raise all be oriented entitlement reform. Let me stop for a to see that happen again. I do think toward entitlements. We all are taught minute before I go there. the arrangement that has been created to lead by example. My daddy used to People all over the world know this between the White House and Congress tell me: Son, never ask someone to do is the No. 1 threat to our country.

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G12DE6.018 S12DEPT1 tjames on DSK6SPTVN1PROD with S7762 CONGRESSIONAL RECORD — SENATE December 12, 2012 Economists on both sides of the aisle tive language in the Senate. Nobody great opportunity for all of us to put know it is the No. 1 threat to our coun- has done that in the House. That is out entitlement reforms on the floor, try. I think for that reason, what we what has been missing in this debate. for all of us to debate in committee and have been doing is saying we are not In order to kick off this debate in what to pass legislation so, dollar for dollar, going to voice vote debt ceilings any I consider to be an appropriate way, I we can raise the debt ceiling way in ad- more. I know we have a lot of people on am going to offer a debt ceiling in- vance of any time to cause any kind of Wall Street and other places who talk crease bill. I am going to offer it in the credit problems for our country. about how the credit rating of our next 24 to 48 hours. I may offer it I yield the floor, and I suggest the ab- country is so important. Believe me, I today. sence of a quorum. know that well. I could not agree more. It is going to have dollar-for-dollar The PRESIDING OFFICER. The So the last thing we need to do again is entitlement reforms. That will save clerk will call the roll. to get in a situation where we wait this Nation from catastrophe and make The assistant legislative clerk pro- until the last minute and the whole sure seniors have these benefits down ceeded to call the roll. world is wondering whether we are the road. What I would ask the leaders The ACTING PRESIDENT pro tem- going to default on our debt and people to do is to consider putting in place a pore. The Senator from Maryland. are all shaken up about where America process through regular order to con- Ms. MIKULSKI. I ask unanimous is. sider these bills, to deal with the debt consent that the order for the quorum I would say, since we know that if ceiling so we can do it way in advance call be rescinded. the President and the Speaker do not and everybody can see the process and The ACTING PRESIDENT pro tem- agree to a large deal, since we know see the debate and watch our Nation pore. Without objection, it is so or- the debt ceiling is likely to be the next function in an appropriate way so we dered. event, if you will, the next forcing get this done well in advance of the f event that causes us to come to terms Treasury Secretary telling us the debt with the solvency of this Nation—the TRIBUTES TO DEPARTING ceiling needs to be raised. SENATORS way I know the White House has said Let me close by saying, the best certain things about the debt ceiling, thing that can happen to this Nation, OLYMPIA SNOWE AND KAY BAILEY HUTCHISON what we may want to do is make sure even though it is odd, I have to tell you Ms. MIKULSKI. Madam President, I the CR and the debt ceiling stay tied it is odd, is we turn on the television at rise during this morning business hour together and working along together at night or we read the paper in the morn- to speak—particularly during this time the same time so we have both those ing, we see where the President called of tension as we are looking at the fis- forcing moments happening together. Speaker BOEHNER or maybe Speaker cal cliff—to really use a few minutes to But in order to make sure we do not BOEHNER called the President, and pay a tribute to two wonderful, out- threaten the credit of this great Na- there is drama. None of us knows what standing Senators with whom I have tion, let’s go ahead and work now. As a is said. I have a pretty good idea. served and who will be leaving us at matter of fact, what I am going to do But our Nation is sitting here while the end of this term. They are wonder- in the next couple days is I am going to this silly debate—here is the Senate, ful women named Senator OLYMPIA offer a bill to raise the debt ceiling of the greatest deliberative body in the SNOWE of Maine and Senator KAY BAI- our Nation. Think about that. A Re- world. What are we doing? We are hear- LEY HUTCHISON of Texas, dear friends publican, I am going to offer a bill to ing about the discussions on the tele- across the aisle. Although they were on raise the debt ceiling of our Nation. I phone. By the way, if that solves the the other side of the aisle, there was no am going to offer a bill that is going to problem, I am all for it. I am all for a great divide between us. We have raise the debt ceiling by $900 billion to solution that comes that way. Can- known each other for many years. $1 trillion. I am going to offer that bill didly, I hope it is a big solution. I hope I would like to say a few words about in December. 1 my very dear friend, Senator OLYMPIA The debt ceiling is probably not com- it is a $4 ⁄2-trillion solution that they SNOWE. I served with Senator OLYMPIA ing until maybe February or March. In come to. But I am doubtful that is SNOWE in the U.S. House of Representa- order to raise that debt ceiling by that going to happen based on where we are tives and then in the U.S. Senate. Wow. amount, it is going to be accompanied today on December 12. What an outstanding Senator and by entitlement changes in equal So I am going to offer a debt ceiling Congressperson she has been, and I amounts. It is the same precedent the bill to move us on. It will move us to- know we will continue to see Senator President and the Speaker agreed to ward fiscal solvency. It will keep us SNOWE in some type of role in public last year and this body agreed to. I from jeopardizing the credit of this Na- service because that is just the kind of think we are going to follow that for- tion. We can move those things person she is. She is deeply, in her mula likely into this next year, unless through regular order. I ask the leader- there is a large deal announced soon. ship of the Senate, Majority Leader DNA, a public servant. What I would say to other Members REID, to hopefully set up a process Senator SNOWE has served her State in the House: Look, I am just one Sen- soon. Because, candidly, we are prob- of Maine and our Nation so well. She is ator. I am just one Senator. There are ably going to need to drop debt ceiling one of our most respected Members of other Senators here who certainly have bills soon, probably January 3, to make Congress, known for her civility, her as good or better ideas. So why do we the dates that are necessary to actu- sensibility, and her mastery of the not start the process of formally offer- ally raise our debt ceiling and not have issues. I might add that she brings that ing on the floor entitlement reforms. I the credit implications we had last Au- New England sense of a more frugal would suggest that is the place we gust. government but at the same time start. I mean, what we have done I have been a little bit despondent shows that you can do it in a compas- around here is we have done discre- about this process because it just feels sionate, smart way. tionary cuts. We created sequestration. as though things are not moving ahead I know her as a cherished friend, a At the end of this year, in some form in a way that we are going to be able to dear colleague, and a crucial partner or fashion, whether we embarrass our- put this in the rearview mirror and on so many issues. As I said, we served selves and wait and go over the cliff in start this year—this next year with in the House and the Senate together. the next year or before this year ends, tremendous economic growth because We worked on those issues I talk we are going to offer revenues. I do not people know we have solved this prob- about, the macro issues and the maca- know how anybody can believe reve- lem. I have been despondent about roni-and-cheese issues. We fought for a nues are not coming. What I would say that. better economy, particularly in the to everyone here: Let’s move to enti- But I woke this morning with almost area of small business; a safer country, tlement reform. That is the only thing, a eureka moment thinking that, you as we worked on the Intelligence Com- candidly, that has not been talked know what, if they are not going to mittee together; and a more efficient about in this debate. deal with this issue, we know we have government. Also, we worked together No one—no one—has offered publicly to deal with the debt ceiling, we know on many issues pertaining to women. concrete entitlement reform in legisla- we have to deal with the CR, there is In the area of small business, she is

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G12DE6.019 S12DEPT1 tjames on DSK6SPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — SENATE S7763 currently the ranking member on the So I say to all, when you ask, what Constitution says is our job—we are Small Business Committee, with our did OLYMPIA SNOWE do, she would say: here to represent States. We also have other colleague, Senator MARY LAN- I worked on a bipartisan basis. And be- different philosophies and viewpoints DRIEU. She knows the backbone of cause of what she did, we did, we all did on governance. But we also know we Maine’s economy is small business, and working together, men and women, can disagree without being disagree- she also knows it is the backbone of House and Senate, we have saved the able. the American economy. lives of women 1 million at a time. I A story I like to tell is that during I have watched her day in and day think that is a terrific accomplish- debate on the Lilly Ledbetter Fair Pay out being concerned about her fisher- ment. And no matter what Senator Act, Senator HUTCHISON and I agreed men who were out there working in the SNOWE does, she can cherish in her on absolutely the same goal: equal pay cold waters off of Georges Bank for lob- heart that she did that. for equal or comparable work for sters and the small shop owner on Main But while we were busy doing the big women. However, we disagreed on the Street. From the potato fields and lum- picture, she helped me with an indi- means. Senator HUTCHISON had about ber yards to L.L. Bean, OLYMPIA SNOWE vidual picture. We went to the refugee nine amendments, and we duked it out has stood for them but also for the big camps of Cambodia together, along here. We went earring-to-earring in issues in terms of jobs in the Bath ship- with the Congresswomen. It was when terms of our debate, and the Senate yards. the killing fields were at that time the commented on what intellectual rigor In national security, we have worked highest. We saw the horrible con- it had, what a sense of comity and ex- together to look out for our troops sequences of war. We worked together changing of ideas. At the end of the over there and to protect our commu- to feed the children. We worked today, we not only passed the legislation, nities from predators back here. She gether to feed the children and care for but we did it in a way where everybody has been steadfast and true. It is a the children. could feel proud of the process. Why committee that meets often behind I met a young girl in a refugee camp, can’t we do that every day? Gee, I wish closed doors, but I will tell you, this is in the Catholic Relief feeding camp. we could. a Senator who continually looks after Working with Senator SNOWE, we Then working with Senator the safety of the American people. brought that little girl to the United HUTCHISON—and this is how we got One of the areas in which I have States of America. She is alive here started, was on the homemaker IRA. worked the closest with her is the area today, married and living as an Amer- This was Senator HUTCHISON’s idea. of women’s health. You might be inter- ican citizen. She came to me and she said: You ested to know that Senator SNOWE and So what did OLYMPIA SNOWE do? She know, Senator BARB, they are stay-at- I received the Good Housekeeping Out- saved jobs and she saved lives. I am home moms, and they are limited to standing Achievement Award for what proud to work with her, and we are only $500 that they can contribute to we did to advance the cause of finding going to miss her. an IRA. If they have the money and if a cure for breast cancer. Now, when I Then there is my good friend KAY they have the will and the wallet, we called my sister and told her I was get- BAILEY HUTCHISON, who has just come should give them the same tax oppor- ting a Good Housekeeping award, she to the floor. I am glad she is going to tunities as if they were working in the thought it was the funniest thing she be here to hear what I am going to say marketplace because their work at had ever heard. When I told her I was about her. I hold her in such enor- home should be valued as well. getting it with OLYMPIA SNOWE, she mously high esteem. Absolutely. We changed that legisla- knew it had credibility. I say that be- Senator KAY BAILEY HUTCHISON is tion. I have pending here legislation to cause what we did in working together known for her competence, her strong permanently change the name of that was in medical research and in clinical character, and being an outstanding homemaker IRA to the Hutchison IRA trials. champion for Texas, an advocate for because she really did lead the way. I You might be interested to know women, and a real patriot dedicated to was an able ally, and we made a dif- that when I came to the Senate, the serving our Nation. I too know her as a ference. only other woman Senator was Nancy dear friend, someone deeply committed So I could go through item after Kassebaum—another wonderful person to creating that zone of civility among item—the way we have worked on across the aisle. Women were not in- the women in the Senate. breast cancer together, the way we cluded in the protocols at NIH. Can you When Senator HUTCHISON arrived in have worked on appropriations. She believe that? That famous study—take the Senate in 1983, there were prickly was my ranking member on Commerce- an aspirin a day, keep a heart attack politics beginning to emerge. She came Justice-Science. We have worked to- away—was done with 10,000 male med- from the Texas Legislature and knew gether on the space program. We have ical students. Not one woman was the dynamics of a rough-and-tumble worked together to keep our areas safe. there. They regarded including women legislative body. But as we worked to- From the start, we shared a personal in research as presenting deviant re- gether on something called the home- commitment that technology and sults. We were known as the deviant maker IRA, we said: Why don’t we just space could help America remain ex- results. Well, Pat Schroeder; OLYMPIA get together to see if we can create a ceptional, a belief in supporting re- SNOWE; another Republican Congress- zone of civility? That was when we search and science, leading to new woman, Connie Morella from Mary- brought the women together for those ideas that would be not only new areas land—we said this couldn’t continue. monthly dinners. The rules were no that we would explore but new tech- So we organized across the dome, staff, no leaks, and no memos. We nologies for new products and new jobs. across the aisle, and we went across talked about everything from hairdos Yes, I visited her down at mission con- the beltway to NIH. We pulled up and to the hair-raising and how we could trol, and I have been there during the we demanded answers, scientific an- stop the global war on terror and fight great research we were able to see swers, on why we weren’t included. the deadly scourge against breast can- being done in that area. The day we pulled up in our cars on cer. We worked together, again across Remember, the home of the Komen a bipartisan basis, George Bush the the aisle. foundation is in Texas. Senator elder appointed Bernadine Healey to In 1992 we also worked to hold these HUTCHISON was very clear that she head NIH. Then, again working to- power workshops to make sure every wanted to be sure that she too was an gether across the aisle and across the woman would know how to get started advocate for women’s health. We dome, working with Senators Kennedy in the Senate, and we worked together worked together on mammogram qual- and HARKIN, we established the Office on that. ity standards. Were you aware that in of Research on Women’s Health at NIH. The other thing Senator KAY BAILEY the early days—and I know that some- The famous hormonal replacement HUTCHISON and I helped establish was times we sound like we built the Pyra- therapy study was done. It resulted in that we could disagree without being mids together when I tell these stories; massive change in the way doctors disagreeable. We, the women of the it is both ancient history and a recent treated women, and it has reduced Senate, do not have a caucus because reality. If you went into a doctor’s of- breast cancer rates 15 percent. we represent States. That is what the fice 10, 12 years ago for a mammogram,

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G12DE6.021 S12DEPT1 tjames on DSK6SPTVN1PROD with S7764 CONGRESSIONAL RECORD — SENATE December 12, 2012 you might have gotten a chest X ray I say that because, again, out of that could make a difference in Northern and they would have called it a mam- comes great friendships that also lead Ireland, BARBARA MIKULSKI and I mogram. It was often given by un- to paving the way to where we put our looked at each other and we said: You trained technicians. There were no heads together to solve our national know, there is a book here. There is a standards for the equipment that it problems and to do it in a way where book about the obstacles women have would really work the way it was sup- we get the best ideas from a variety of faced getting to the U.S. Senate and a posed to work, and it was often government approaches. And at the end book that can encourage our girls and uncalibrated and ineffectual. of the day, we feel better, but America young women to play a part in settling Senator HUTCHISON and I worked is better off. the major issues of our country. using sound science, thorough hear- I am pretty emotional, actually, From that background, we contacted ings, working with the Institute of when I think about OLYMPIA and KAY. Bob Barnett, who was an agent of Sen- Medicine, FDA, and the National Insti- We have been together a long time. We ators and House Members who write tute of Standards. Now if you go into welcome the Acting President pro tem- books, and also Cabinet members and your doctor’s office for that mammo- pore and your generation, but for those Presidents, and we said we would like gram, you will see a certificate from of us who maybe didn’t build the pyra- to get together and write a book. He your government that says this is a mids—and I hope Senator HUTCHISON immediately got to work. It was Claire place where you know the technology can say the same—there is a lot of Wachtel at HarperCollins who said: will work and the people who will be meaning in a Latin phrase I learned in ‘‘Oh, I love this. I love it.’’ She got a giving it will be trained. You know, Catholic girls school many years ago: writer who went to each of us and once again, this is early detection and Exegi aere perennius: We will build a interviewed us and then wrote our sto- screening, saving lives a million at a monument more lasting than bronze. ries, which were in our own words. time. Isn’t that fantastic? Again, When Senator HUTCHISON returns to Afterward, we got together and de- across the aisle, we were able to do Texas again to find a new way to serve cided to give all of the proceeds to the that. the people of this country, she will Girl Scouts of America, which was a We also did a book together. She was know that here in this institution, common organization that had affected the leader in helping us publish our fa- along with Senator OLYMPIA SNOWE, almost every one of the women at the mous book, ‘‘Nine and Counting.’’ they built monuments to last far time. The Girl Scouts were giving lead- Maybe there will be time for another longer than any statues made of ership capabilities to the girls in our book, but when the chapter of the his- bronze. They made a difference in the country. I had been a Girl Scout and so tory of the Senate is written, we want lives of people, and they have done it in had BARBARA. Our book is still in print to be sure that the chapter really in- a way they can be proud of and for and it has raised tens of thousands, if cludes a big statement to the work of which we can all be grateful. not hundreds of thousands, of dollars Senator KAY BAILEY HUTCHISON. Madam President, I yield the floor. for the Girl Scouts to continue their Again, in this institution it is the The ACTING PRESIDENT pro tem- leadership programs. And it all came personal relationships built often on pore. The Senator from Texas. from something we learned about each policy. I went to Texas to tour the Mrs. HUTCHISON. I am so touched other. space program with Senator by the comments of my colleague Sen- I think the multiple myeloma dis- HUTCHISON. That is where we heard ator MIKULSKI about myself and OLYM- ease, which my brother has, and which about the National Space Biomedical PIA. I appreciate so much that she has Geraldine Ferraro had, was another Research Institute at Baylor. When I singled us out because Senator MIKUL- area where BARBARA and I bonded. I was there, I met Senator HUTCHISON’s SKI is a pioneer. She didn’t build the bonded with Geraldine Ferraro too, brother, who faced the same blood can- pyramids, I might say, but it was close. who was a champion for women up and cer disease Geraldine Ferraro faced. She was in the House first and then coming in our political system. She en- Gerry and her brother became fast came to the Senate. She is our longest couraged me a lot. friends, so KAY and BARB teamed up. serving woman Senator and she will But together with BARBARA MIKUL- Again we pushed research at NIH. You probably be dean of all the Senate at SKI, who was a dear friend of Geraldine know, cancer knows no party. It knows some point because she is a legend. She Ferraro’s, and who spoke at her fu- no ZIP Code. It knows no ideology. But is a legend in the Senate, she is a leg- neral—we both went to that funeral— it knows that we need to work together end in Maryland, and she is a legend in we were able to pass legislation that to be able to do it. On that wonderful our country. provided funding for research and edu- day of friendship, where we learned the I think back now on the things we cation for multiple myeloma. We best ideas that will come out of our have been able to accomplish—and it named it the Geraldine Ferraro Mul- work in the space program to deal with was not just because we were women— tiple Myeloma Education Program so the dread cancer word, the kinds of here in this deliberative body where we that more could be learned about this things that we study in space will help have 100 people representing 50 very very rare disease. us be more effective here on Earth. different States. It is not that the men Gerri was a fighter and she only died KAY invited me to the Houston live- were against anything we have teamed a year and a half ago. My brother is a stock show and rodeo. Now, I grew up up to do, but it is because of our expe- fighter and he is still doing great. And in Baltimore, and you have been there riences that we brought to the table. now, because of our research, we are many times yourself. You know it is a Sometimes it wasn’t thought of before, maintaining and we are letting people city known for its row houses, not for before Senator MIKULSKI and other live a quality life because we teamed its rodeos. women came. up. KAY invited me to come to the rodeo I will point out a couple of things and BARBARA told the story, but I will in the Astrodome. Well, I showed up, to embellish a little on what the Senator tell the other side—the rest of the her surprise. I had little boots, a cow- said. When we wrote the book ‘‘Nine story—about the Houston rodeo, be- boy hat, and a vest. She put me in a and Counting,’’ there were nine women cause they still talk about Buckboard buckboard, and, to ‘‘Deep in the Heart in the Senate at the time. But it came BARB. She came to the rodeo from her of Texas,’’ we circled the Astrodome from something much bigger. It came ethnic background in Baltimore, and together. I was in a buckboard, and she from a meeting Senator MIKULSKI she was such a great sport. I was riding was on a palomino next to me. The pulled together of the women of Ireland my horse in the grand entry and BARB American flags were waving, and so and Northern Ireland. It was the Catho- was in the buckboard. She was waving was I, yelling ‘‘giddy up, little doggie.’’ lics and the Protestants who were try- and having the best time, and of course At the end of the evening, I was there ing to probe the women Senators, the all of us were in our rodeo attire, which munching on barbecue, affectionately nine of us who were here, about how was sort of foreign to BARB, I have to called Buckboard BARB—and I have the they could be effective in making peace say. But she was right in there with pictures to show it. They are locked in Northern Ireland. her boots and her big cowgirl hairdo. up. I don’t widely distribute them. But When we started telling our stories And BARBARA leaned over to me at one it was a heck of an evening. to them, to encourage them that they of the rodeo events and she said: OK,

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G12DE6.022 S12DEPT1 tjames on DSK6SPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — SENATE S7765 KAY, if we were here Monday morning I yield the floor. I am sad at the thought of the Senate and we went to a chamber of commerce Mr. CONRAD. Mr. President, I rise without him and I am sorry I am un- meeting, would these people look like today to honor my colleague, Senator able to join him on the floor today. this? KAY BAILEY HUTCHISON, who will be DAN AKAKA is the spirit of Aloha. I still tell that story in Houston, TX, leaving the Senate at the end of this I have always relied on his even keel which they love, and, of course, I said: term. Senator HUTCHISON has rep- and hard work to help me represent the Oh, yeah. Which wasn’t true. But I resented the State of Texas in the Sen- people of Hawaii. And I have never, loved it. She was the best sport, and ate since her election in 1993. ever heard him utter a harsh word or they still talk about her. They did give Senator HUTCHISON has deep Texas do anything to harm another person. her a cowboy hat that was to die for. roots, with her great-great-grandfather There are few words to describe a Let me mention one other thing. I signing Texas Declaration of Independ- kind man of his stature, but I assure know Senator AKAKA is here, so I won’t ence in 1836. Growing up in La Marque, you, Hawaii and this Nation are better take up much more time. We teamed TX, Senator HUTCHISON has represented because of his work. up on the issue of single-sex schools. her State as only a true Texan could. On behalf of the people of Hawaii, The Senator from Maryland mentioned Senator HUTCHISON attended the Uni- thank you DANNY. There will never be her Catholic girls school upbringing. versity of Texas at Austin, graduating another like you.∑ Well, Hillary Clinton, BARBARA MIKUL- with bachelor of arts degree. She then Mr. CONRAD. Mr. President, I rise SKI, SUSAN COLLINS, and myself teamed went on to earn her J. D. from the Uni- today to pay tribute and recognize the up to ensure that every girl in this versity of Texas Law School in 1967. accomplishments of a colleague and country has the opportunity, if their Senator HUTCHISON began her career as dear friend who will be retiring from school board decides to offer it as an a political and legal reporter for KPRC the U.S. Senate at the end of the term. option, to go to a girls school. And in Houston. Senator AKAKA has represented the likewise for every boy whose school In 1972, Senator HUTCHISON began her State of Hawaii with distinction for 36 board decides that it would be better long career of public service by twice years. He has been a firm advocate for for boys—in middle school especially being elected to represent Houston in his constituents, especially for Native and high school. We teamed up after the Texas House of Representatives. In Hawaiians. about 15 years of trying, starting with 1990, Senator HUTCHISON was elected I have had the honor and privilege to Jack Danforth from Missouri. He start- Texas State treasurer. In 1993, Senator work alongside Senator AKAKA on the ed the effort to allow single-sex schools HUTCHISON won a special election, be- Indian Affairs Committee. During this in our public entities in America. When coming the first and only woman to time and throughout his tenure as I came here in 1993, we finally passed it date to represent Texas in the U.S. chairman, I have witnessed his com- with our coalition saying: We know Senate. She has continued to represent mitment to improving the overall well- this can be better for some girls and Texas for almost 20 years in the Sen- being of Native Hawaiians as well as all some boys. Not all. ate, repeatedly winning her seat by indigenous people. He has been a tire- I will say to the distinguished Acting overwhelming margins, including her less advocate for their rights, and, with President pro tempore that it was the reelection in 2000 with more votes than his leadership and bipartisan dedica- Young Women’s Leadership Academy any statewide candidate in Texas his- tion, he has brought many issues they in Harlem, NY, that gave us the cour- tory. confront to the forefront. For more age to say this can be done, because Throughout her Senate career, Sen- than a decade, Senator AKAKA has they fought all the efforts to not allow ator HUTCHISON has been known as a championed the Native Hawaiian Gov- it; all the lawsuits. They stood up. Hil- strong leader on defense issues. In 1993, ernment Reorganization Act, which es- lary Clinton went to visit the Young Senator HUTCHISON became the first tablishes a process for Native Hawai- Women’s Leadership Academy, and I woman to serve on the Senate Armed ians to gain Federal recognition. He took Rod Paige, the Secretary of Edu- Services Committee since 1974. In 2003, has also been the driving force in ad- cation, right there to New York and I Senator HUTCHISON introduced the leg- vancing the Native Hawaiian language said: Secretary Paige, we can do this islation creating an overseas basing movement. His dedication and leader- for all Americans. We can. Hillary and commission, which ensured our forces ship has ensured survival of the lan- I and BARBARA and SUSAN said: We are were capable of meeting the threats we guage. going to do it. We did, and it was a face in the 21st century. Following the As part of the greatest generation great accomplishment. and a veteran, Senator AKAKA also used I just want to end by saying that I so September 11 attacks, Senator HUTCHISON was instrumental in secur- his time as chairman of the Committee appreciate BARBARA MIKULSKI and ing provisions to increase air cargo on Veterans’ Affairs to champion laws JOHN CORNYN introducing the bill to to improve health care and benefits for name the Homemaker IRA for me. It screening as part of the National Intel- ligence Reform Act. countless veterans, servicemembers, means so much to me, because I experi- and their families. Senator HUTCHISON has also been a enced as a young single woman start- Known for breaking down barriers ing an IRA, getting married, and being champion of education during her time in the Senate. She has used her firm and building relationships, Senator told I couldn’t provide any more for my AKAKA has served the people of Hawaii own retirement security. And I knew belief that every child is deserving of a quality education to advocate for in- with integrity and humility. He is a there were so many women who, true statesman, gentleman, and pa- through divorce or the death of a hus- creased investments in science, technology, and education. triot, and our country is better for his band, had gone in and out of the work- service. He leaves a distinguished leg- Senator HUTCHISON has served the force or never been in the outside acy and will be greatly missed by us workforce, couldn’t save for their own people of the State of Texas with integrity. I wish her success in whatever she all. I thank Senator AKAKA for his retirement security. When I went to friendship and service to our Nation, BARBARA, I said: BARBARA, it is a chooses to do in the next chapter of her life. and I wish him and his wife Millie all Democratic Senate, so I will make this the best for the future. bill the Mikulski-Hutchison bill to get DAN AKAKA The ACTING PRESIDENT pro tem- it passed. Senator MIKULSKI said: Not ∑ Mr. INOUYE. Mr. President, today I pore. The Senator from Hawaii. would like to honor the legacy and on your life, it will be Hutchison-Mi- f kulski because it is your idea. And she service of my colleague and dear worked just as hard as if it were the re- friend, Senator DANIEL K. AKAKA. FAREWELL TO THE SENATE verse. That says more about the Sen- My brother, Senator DANIEL AKAKA, Mr. AKAKA. Madam President, I rise ator from Maryland than anything I has been my friend and partner in to give my remarks and my aloha to could say. So thank you, BARBARA, for Washington for 36 years. the U.S. Senate. introducing the bill that would name it During that time, he has fought hard Before I begin, I would like to take a for me because I know it will help for Native Hawaiians, veterans, and the moment to wish my good friend, my women long after I leave. needs of Hawaii. colleague of 36 years, my brother, DAN

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G12DE6.034 S12DEPT1 tjames on DSK6SPTVN1PROD with S7766 CONGRESSIONAL RECORD — SENATE December 12, 2012 INOUYE, Hawaii’s senior Senator, a takes, we change, we correct them, we Without the hard work they do every speedy recovery and return to the Sen- right past wrongs. It is our responsi- day, we could not do what we do in the ate. bility as a nation to do right by Amer- Senate. Mahalo. Thank you to the floor I rise today to say aloha to this insti- ica’s native people, those who exercised and leadership staff as well. tution. I have been honored to be a sovereignty on lands that later became I also want to thank Senate Chaplain Member of the U.S. Senate for 22 years. part of the United States. While we can Barry Black, who has provided me so It has been an incredible journey that never change the past, we have the much guidance and strength and has I never imagined. power to change the future. done more to bring the two sides of the As a senior in high school going to Throughout my career I have worked Chamber together and find common Kamehameha School for Boys, which to ensure that my colleagues underground than just about anyone. I want was noted as a military school, my life stand the Federal relationship with na- to thank our colleagues who join to- was changed forever when I saw Japa- tive peoples and its origins in the Con- gether every week for the Prayer nese fighter planes attacking Pearl stitution. The U.S. policy of supporting Breakfast and Bible study as well. All Harbor. Like most men in my genera- self-determination and self-governance of these have helped to shape me and tion, I joined the war effort. My path for indigenous peoples leads to native the things I do here. was forever altered. self-sufficiency, resulting in our con- There is no one I owe more to than When the war ended, I believe I was tinued ability to be productive and to my lovely wife of 65 years, Millie. She is literally there for me whenever I suffering from PTSD. It was an act of contribute to the well-being of our need her. Nearly every day that I have Congress that allowed me, and the vet- families, our communities, and our served in the Senate for the past 22 erans of my generation, to build a suc- great Nation. That is why I worked to years, Millie has come to the office cessful new life. Congress passed the GI secure parity in Federal policy for my bill, and I say with certainty that I with me. She helps me greet constitu- people—the Native Hawaiians. ents, she makes me lunch, she keeps would not be standing before you today The United States has recognized me focused, and she makes sure I know without the opportunity the GI bill hundreds of Alaska Native and Amer- what is happening back home. She gave me, not only to get an education ican Indian communities. It is long means the world to me. Every honor I but to have structure and a path for- past time for the Native Hawaiian peo- have received belongs to her and to my ward—and the feeling that there was a ple to have the same rights, same privi- family, my children, my grandchildren, way for me to help people. This proved leges, and same opportunities as every and great-grandchildren. This speech is to me that when Congress acts respon- other federally recognized native peo- their farewell speech too. So mahalo, sibly, it can build a better America. ple. Millie and my ohana, my family. That is why, when I was blessed with For more than 12 years now, I have In life there are seasons. While leav- the opportunity to lead the Senate worked with the Native Hawaiian coming Congress is bittersweet, I am look- Committee on Veterans’ Affairs, I dedi- munity and many others to develop the ing forward to spending more time cated myself to helping our service- Native Hawaiian Reauthorization Act, with our five children and getting to members and veterans and their fami- which has the strong support of Ha- know our 15 great-grandchildren, and— lies, and worked with my colleagues to waii’s Legislature and Governor as the can you believe this—we are expecting expand VA services and pass a new best path forward toward reconcili- our 16th great-grandchild next year, 21st-century GI bill. ation. and I will be home to see it. So I want to take this moment to My bill has encountered many chal- I am looking forward to speaking urge all of my colleagues and all of the lenges, but it is pono—it is right—and with students and mentoring up and incoming Senators and Representatives it is long overdue. Although I will not coming leaders and visiting places in to do everything they can for our vet- be the bill’s sponsor in the 113th Con- Hawaii that I have worked for over my erans and their families because we ask gress, it will forever bear my highest career. My goal was to bring the spirit them to sacrifice so much for us. They aspirations and heartfelt commitment of aloha to our Nation’s Capital in ev- put their lives on the line while their to the Native Hawaiian people, the erything I do. In Hawaii, we look out wives and husbands watch over their State of Hawaii, and the United States for one another, we work together, and families. Caring for them is one of our of America. we treat each other with respect. I most sacred obligations as a nation. I know I am just one in a long line hope I succeeded in sharing a little bit Not everyone on the front lines mak- working to ensure that our language, of Hawaii with all of you. ing our Nation stronger wears a uni- our culture, and our people continue to As I come to the end of 22 years in form. In many critical fields the Fed- thrive for generations to come. I be- this Chamber, and a total of 36 years eral Government struggles to compete lieve Hawaii has so much to teach the serving in Congress, I offer my pro- with the private sector to recruit and world and this institution. In Congress found gratitude and humble thanks to retain the skilled people our Nation and in our Nation, we are truly all to- the people of Hawaii for giving me the needs: experts in cyber security and in- gether, in the same canoe. If we paddle opportunity to serve them for so many telligence analysis, doctors and nurses together in unison, we can travel great years. It truly was an experience of a to care for our wounded warriors, and distances. If the two sides of the canoe lifetime. All I ever wanted was to be accountants to protect taxpayers dur- paddle in opposite directions, we will able to help people, and you gave me ing billion-dollar defense acquisitions. only go in circles. that opportunity. So mahalo nui loa. These are just a few examples. After I I urge my colleagues to take this tra- Thank you very much. leave the Senate, it is my hope other ditional Hawaiian symbol to heart and In Hawaii, when we part, we don’t Members will continue to focus on put the American people first—by say goodbye. Instead, we say a hui hou, making the Federal Government an working together. which means until we meet again. Although I am retiring, I see this as employer of choice. We need the best I want to say mahalo nui loa—thank the start of a new chapter, a new sea- and brightest working for our Nation. you very much—to my incredible staff. son. And I am blessed to have made The work of the Congress will never After 36 years there are far too many friendships and partnerships that will end, but careers come to a close. Like individuals to name, so I will just last forever. the great men whose names are etched thank all of my current and former God bless Hawaii, and God bless the in this desk, I am humbled to know I staff members in my Senate and House United States of America with the spir- have left my mark on this institution. offices and on my committees, includ- it of aloha. A hui hou. I am proud to be the first Native Ha- ing Indian Affairs, Veterans’ Affairs, Madam President, I yield the floor. waiian ever to serve in the Senate, just and the Subcommittees on Oversight of The ACTING PRESIDENT pro tem- as I am so proud to be one of the three Government Management, the Federal pore. The Senator from Indiana. U.S. Army World War II veterans who Workforce, and the District of Colum- f remain in the Senate today. bia. The United States is a great country. I want to thank the hundreds of em- FAREWELL TO THE SENATE One of the things that makes us so ployees who work for the Architect of Mr. LUGAR. Madam President, I rise great is that though we have made mis- the Capitol and the Sergeant-at-Arms. today to address my colleagues on a

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G12DE6.035 S12DEPT1 tjames on DSK6SPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — SENATE S7767 number of issues important to the fu- we do our country a disservice if we including staying power. Administra- ture of the United States and to offer mistake the act of taking positions for tions turn over every 4 or 8 years. But some perspective on Senate service. governance. They are not the same Senators can have careers spanning In a few weeks, I will leave the Sen- thing. Governance requires adaptation decades that allow them to apply ex- ate for new pursuits that will allow me to shifting circumstances. It often re- pertise and political understanding to to devote much deeper attention to a quires finding common ground with problems over many years, even as ad- number of issues that have been a part Americans who have a different vision ministrations come and go. We also can of my Senate service. Among these are than your own. It requires leaders who confer a bipartisan framework on a pol- preventing the proliferation of weapons believe, like Edmund Burke, that their icy. Even a small bipartisan group of of mass destruction and developing first responsibility to their constitu- Senators cooperating on a difficult more efficient ways to feed the world. I ents is to apply their best judgment. problem is a powerful signal of the pos- am especially pleased that I will be It is possible to be elected and re- sibility for a unifying solution. serving on the faculty of the Univer- elected, again and again and gain My hope is that Senators will devote sity of Indianapolis and helping that prominence in the Senate while giving much more of their energies to govern- institution establish a Washington in- very little thought to governance. One ance. In a perfect world, we would not ternship program. I look forward to an- even can gain considerable notoriety only govern, we would execute a coher- nouncing additional endeavors of serv- by devoting one’s career to the polit- ent strategy. That is a very high bar ice in coming weeks. ical aspects of a Senator’s job—pro- for any legislative body to clear. But My service in the Senate would not moting the party line, raising money, we must aspire to it in cooperation have been possible without the encour- and focusing on public relations. Re- with the President because we are fac- agement and constant support of my sponsibility for legislative short- ing fundamental changes in the world loving wife Char, our four sons—Mark, comings can be pinned on the other order that will deeply affect America’s Bob, John, and David—and the entire party or even intractable members of security and standard of living. Lugar family. Their strength and sac- one’s own party. None of us are above The list of such changes is long, but rifices have been indispensable to my politics, nor did the Founders expect us it starts in Asia with the rise of China and India as economic, political, and public service. I also am indebted to a to be. But, obviously, we should be as- military powers. The Obama adminis- great number of talented and loyal piring to something greater than this. tration has conspicuously announced a friends who have served with me in the Too often in recent years, Members ‘‘pivot’’ to Asia. At the center of this Senate, including more than 300 Sen- of Congress have locked themselves pivot is China, which exists as both an ators, hundreds of personal and com- into a slate of inflexible positions, adversary to certain U.S. interests, and mittee staff members, and more than a many of which have no hope of being a fellow traveler sharing mutual goals thousand interns. In my experience, it implemented in a divided government. and vulnerabilities on others. The on- is difficult to conceive of a better plat- Some of these positions have been fur- going challenge will be for the United form from which to devote oneself to ther calcified by pledges signed for po- States to discern, sometimes issue by litical purposes. Too often we have public service and the search for solu- issue, whether China is an adversary or failed to listen to one another and tions to national and international a partner. This calibration will impact question whether the orthodox views problems. At its best, the Senate is one America’s relations with the rest of being promulgated by our parties make of the Founders’ most important cre- Asia and may ultimately determine strategic sense for America’s future. ations. prospects for war or peace in this A great deal has been written re- The result has been intractably nega- world. cently about political discord in the tive public perceptions of Congress. A While visiting Indonesia, Thailand, United States, with some commenta- Rasmussen Reports poll conducted this and the Philippines in October, I was tors judging that partisanship is at an month found that only 10 percent of reminded of the economic vitality of all-time high. Having seen quite a few likely voters gave Congress a rating of Southeast Asia and the fact that the periods in the Congress when political ‘‘excellent’’ or ‘‘good.’’ ten countries comprising ASEAN rep- struggles were portrayed this way, I For me, the irony is that having seen resent the fourth largest export mar- hesitate to describe our current state several generations of lawmakers pass ket of the United States. These coun- as the most partisan ever. But I do be- through this body, I can attest that the tries are center stage to the cir- lieve that as an institution we have not vast majority are hardworking, genu- cumstances with China. We must stand lived up to the expectations of our con- inely interested in public service, and firm with our friends throughout Asia stituents to make excellence in govern- eager to contribute to the welfare of and actively pursue prospects for free ance our top priority. our country. Often, the public does not trade with open sea lanes and other Many of us have had some type of ex- believe that. It is easier to assume that policies that will strengthen America’s ecutive experience as Governors, may- Congressional failings arise from the economic growth. ors, corporation chiefs, and cabinet of- incompetence or even the malfeasance More broadly, we face the specter of ficials. I had the good fortune of serv- of individual legislators. Or perhaps, as global resource constraints, especially ing two terms as the Mayor of Indian- some believe, Washington, D.C. itself is deficiencies of energy and food that apolis prior to my Senate service. For corrupting. It is far more disconcerting could stimulate conflict and deepen the last 36 years, I have attempted to to think that our democracy’s short- poverty. We have made startling gains apply lessons learned during those comings are complex and defy simple in domestic energy production, but we early governing experiences to my solutions, but the Founders were real- remain highly vulnerable to our de- work in the Senate. As mayor, my re- ists who understood the power of fac- pendency on oil. Perhaps equally im- sponsibility for what happened in my tionalism, parochialism, and personal portant, even if we are able to produce city was comprehensive and inescap- ambition. They understood that good more energy at home, we cannot insu- able. Citizens held the mayor’s office intentions would not always prevail. late ourselves from energy-driven accountable for the prosaic tasks of Accordingly, they designed a system to shocks to the global economy. In other daily life, like trash collection and check abuse and prevent power from words, we have to cooperate with other snow removal, but also for executing accumulating in a few hands. But they nations in improving the global system strategies for the economic and social knew that the efficient operation of of manufacturing and moving energy advancement of the city. such a republic would require a great supplies. Currently, a key to this is In legislative life, by contrast, we are deal of cooperation. They knew that it helping to ensure the completion of the responsible for positions expressed would require most elected officials to southern energy corridor serving Cen- through votes, cosponsorships, inter- have a dedication to governance, and tral and Southeastern Europe and views, and other means. It takes cour- they trusted that leaders would arise unleashing our own liquified natural age to declare dozens or even hundreds in every era to make their vision work. gas exports to address the energy vul- of positions and stand for office, know- The Senate has a unique role to play nerabilities of our closest allies. ing that with each position, you are in good governance. We have attributes The potential global crisis over food displeasing some group of voters. But not possessed by the executive branch, production is less well understood.

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This starts with a much wider national unity in the event of severe where knowledge is at the forefront of embrace of agriculture technology, in- crises, such as war with Iran or another everything done in that school. One of cluding genetically modified tech- catastrophic terrorist attack. our former Members, Ted Stevens, was niques. The risks of climate change in- This cooperation depends both on also a graduate of Shortridge High tensify this imperative. Congressional leaders who are willing School. Even as we deal with potential re- to set aside partisan advantage and on DICK LUGAR went on then to become source constraints, our country re- administration officials who under- valedictorian in college when he grad- mains vulnerable to terrorism and stand that the benefits of having the uated from Denison University with a asymmetric warfare. Access to the support of Congress is worth the effort bachelor’s degree in economics. He internet and social media has deeply it takes to secure it. Currently, the na- went on to attend Pembroke College at altered international politics, in most tional security dialog between the Oxford University as a Rhodes Scholar cases for the better. But it also has President and Congress is one of the and obtained a second bachelor’s de- contributed to instability through sud- least constructive that I have ever wit- gree and master’s degree in politics, den upheavals like the Arab Spring; it nessed. There is little foundation for philosophy, and economics. Today he is has allowed destructive terrorist move- resolving national security disputes or one of the most decorated scholars in ments like al Qaida to franchise them- even the expectation that this can the Senate with 46 honorary degrees selves; and it has intensified risks of occur. Before the next 9/11, the Presi- from 15 States and the District of Co- cyber-attacks, espionage, and the pro- dent must be willing to call Repub- lumbia. liferation of weapons of mass destruc- licans to the Oval Office to establish Following these most impressive aca- tion. The potential catastrophe re- the basis for a working partnership in demic achievements, Senator LUGAR mains of a major terrorist attack on foreign policy. And Republicans must spent several years in the U.S. Navy ul- American soil employing weapons of be willing to suspend reflexive opposi- timately serving as an intelligence mass destruction. If that happens, in tion that serves no purpose but to limit briefer for ADM Arleigh Burke, Chief of addition to the lives lost, our expecta- their own role in strategic questions Naval Operations. The Navy and Admi- tions for economic growth and budget and render cooperation impossible. All ral Burke chose the best person they balancing could be set back by a decade parties should recognize the need for could for that particular job. DICK or more. Having devoted considerable unity in the coming year when events LUGAR quickly became well known for time to this problem, my experience is in Iran, Syria, Afghanistan, North not only his hard work but his leader- that there are no silver bullets. Pro- Korea, and other locations may test ship ability and his intellectual prow- tecting the United States from weap- American national security in extreme ess. Senator LUGAR then returned to ons of mass destruction is a pains- ways. Indiana where at the young age of 35 he taking process that every day must I commend each of you, my Senate became the mayor of Indianapolis, employ our best technological, diplo- colleagues, for the commitment that serving two terms from 1968 to 1975. matic, and military tools. led you to stand for election to the There is no question that DICK LUGAR Amidst all these security risks, we United States Senate. Running for of- is recognized as one of the most influ- must maintain the competitiveness of fice is a difficult endeavor that is usu- ential and visionary mayors Indiana the United States in the international ally accompanied by great personal has ever seen, and maybe the country economy. We should see education, en- risk and cost. Each one of you is capa- has ever seen. ergy efficiency, access to global mar- ble of being a positive force for chang- Having just left military service my- kets, the attraction of immigrant ening the tone of debate in our country. self, I was working full time attending trepreneurs, and other factors as na- Each one of you has a responsibility Indiana Law School at night. That tional security issues. My own view is not only to act with integrity and rep- didn’t leave much time for Marsha and that the fundamentals of American so- resent your constituents, but also to me to enjoy the amenities of Indianap- ciety still offer us the best hand to make the informed and imaginative olis but, frankly, there were very few play in global competitiveness. No choices on which good governance for amenities to enjoy at that particular other country can match the quality our country depends. time. It was then that our newly elect- and variety of our post-secondary edu- I am optimistic about our country’s ed mayor began a remarkable trans- cation. We have the broadest scientific future. I believe that both internal di- formation of Indianapolis into now and technological base and the most visions and external threats can be what has become one of the most at- advanced agricultural system. Our pop- overcome. The United States will con- tractive and livable cities in America. ulation is younger and more mobile tinue to serve as the inspiration for As mayor, DICK LUGAR worked care- than most other industrialized nations. peoples seeking peace, freedom and fully with the Indiana General Assem- We still can flourish in this global mar- economic prosperity. And the United bly and then-Governor Ed Whitcomb to ketplace if we nurture the competitive States Senate should and will be at the extend the boundaries of the city and genius of the American people that has forefront of this advancement. merge the governments of Indianapolis allowed us time and again to reinvent May we seek each day from God our and Marion County to provide common our economy. creator, the wisdom and the will to do essential services more efficiently—a But we must deal with failures of our best in the governance of our coun- concept then called Unigov. Unigov governance that have delayed resolu- try. And may God continue to bless the wasn’t without controversy, but be- tions to obvious problems. No rational United States of America. cause of DICK LUGAR’s vision, careful strategy for our long term growth and I yield the floor. negotiations, and decisive action, Indi- security, for example, should fail to re- The PRESIDING OFFICER (Mr. anapolis became a model for other cit- strain current entitlement spending. FRANKEN). The Senator from Indiana. ies across the Nation. And no attempt to gain the maximum Mr. COATS. Mr. President, I rise When the law took effect in 1970, strategic advantage from our human today to honor the service of Senator Indianapolis’s population rose from resource potential should fail to enact RICHARD LUGAR and to pay tribute to 476,000 to 793,000. Indianapolis moved comprehensive immigration reform his legacy. I served alongside Senator from the 26th largest city to one of the that resolves the status of undocu- LUGAR as the junior Senator of Indiana Nation’s largest dozen cities literally mented immigrants and encourages the during my two tours of service in the overnight. When I think of the numer- most talented immigrants to con- Senate. All of us who seek public serv- ous positive changes in Indianapolis tribute to America’s future. ice want to make a difference, and over the past 40 years, I see the fulfill- Faced with immense responsibilities, most certainly Senator LUGAR has ment of the vision of then-Mayor DICK there is a need to elevate our Senate done that. LUGAR.

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G12DE6.029 S12DEPT1 tjames on DSK6SPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — SENATE S7769 The Midwest has a way of producing sincere desire to reach across the aisle Middle East. Rather than sending our men and women of sense and decency. and find common ground complements dollars outside of the country to buy However, not all of us fall into that his unique talent for forging coalitions oil, we can invest in renewable energy category. Sometimes that sense is and bringing people together to accom- that is produced at home. Without questioned, but we do have individuals plish big things. DICK’s support, the Senate’s version of who have the ability to see to the heart A tribute to Senator LUGAR would be the farm bill would have lacked these of the matter and to find a way to re- incomplete without recognizing the important provisions. solve a problem. Such skill is ex- support of his wife Charlene, his four When the history books are written tremely valuable in the U.S. Senate, a sons, and his extended family. Public about our era, Senator LUGAR will be body that by its very design is sup- service places unique demands on our remembered as one of the Senate’s posed to foster compromise between families, and their sacrifice and sup- leading voices on foreign policy. A legislators on issues before the Nation. port plays an important role in any proven leader, DICK has been recog- So it was a natural progression that Senator’s success. nized by his colleagues for his clear- following his success as mayor, DICK It has been an honor for me to work eyed analysis and practical solutions to global problems. His expertise has LUGAR’s next job would be serving Hoo- with Senator LUGAR. I am thankful for siers as a U.S. Senator. his service to Indiana and to our coun- been invaluable to the Senate, whether Since 1977, Senator LUGAR has rep- try. it was regarding the threats of the So- resented Hoosiers and served our Na- My wife Marsha and I wish Senator viet Union during the Cold War or Is- tion admirably. Without question, Sen- LUGAR, Char, and his family nothing lamic terrorism today. One of Senator LUGAR’s brightest achievements was ator LUGAR is the type of lawmaker but the best as my dear friend begins and leader who works hard to bring this next chapter of his life. Senator the creation of the Cooperative Threat Reduction Program, commonly known both parties together, find common LUGAR has dedicated so much of his as Nunn-Lugar. Through this program, ground, and pass needed legislation. Al- service to our country. He has outlined the United States helps partner coun- though his contributions are many—in- many other ways in which he will be tries destroy and secure weapons of cluding his long and valued service on continuing to do that and that is a mass destruction. It has deactivated the Senate Agriculture Committee— great benefit to our Nation and to our over 7,600 nuclear warheads that once Senator LUGAR’s most important role State. I am certain we will continue to threatened our Nation. Our world is un- learn and benefit from the Senator’s in the Senate has to be his leadership doubtedly a safer place because of Sen- on the Senate Foreign Relations Com- lifetime of public service. I know my colleagues join me in ator LUGAR’s unwavering commitment mittee. As a two-time chairman of this to secure nuclear material. thanking Senator LUGAR for his many committee, he has been one of the most DICK has been one of the most prag- years of dedicated and distinguished influential minds on foreign policy in matic Members of the Senate. He un- the Senate’s history. He has worked service. It has been a pleasure to serve derstood that compromising with oth- tirelessly on policies and legislation to as a junior Senator from Indiana under ers does not mean betraying one’s be- promote arms control, control and dis- the Senator’s leadership. liefs. He was willing to work with With that, I yield the floor. mantle nuclear arms, and to address Members on both sides of the aisle to The PRESIDING OFFICER. The Sen- the global food crisis. achieve sensible solutions to our Na- ator from North Dakota. Among his many accomplishments in tion’s problems. At a time when our Mr. CONRAD. Mr. President, let me the field of foreign relations, his signa- country desperately needs to set aside add my words of commendation to ture piece of legislation, no doubt, is inflexible partisan rigidity in order to those of Senator COATS for Senator the Cooperative Threat Reduction Pro- advance the common good, Senator LUGAR. I have often joked with him gram, more commonly known as Nunn- LUGAR will be greatly missed. that he has been my Secretary of State Lugar. When Senator LUGAR joined the I thank Senator LUGAR for his serv- Foreign Relations Committee in 1979, while I have served here in the Senate. ice in the Senate, to his State and the he traveled to the former Soviet Union We could count on Senator LUGAR to country. I thank him for being a friend on multiple occasions to gain a better give good, unbiased advice on com- to me, and I wish him and his family understanding of how the United plicated foreign relations issues, and the very best in the future. we will very much miss Senator States could secure and dismantle FAREWELL TO THE SENATE weapons of mass destruction. LUGAR’s voice here in the Senate, and Mr. President, we have this long tra- His experiences led him to champion also his better half, Char Lugar, who I dition in the Senate of Senators giving the landmark legislation that success- think we all know is a bright light. It farewell remarks. I want to alert col- fully resulted in the deactivation of nu- has been an honor and a privilege to leagues that mine will be especially clear warheads, making this world a serve with Senator LUGAR, and I know long, so they might want to go have safer place. To date, the Nunn-Lugar his voice will continue to be heard on lunch and then come back. I don’t con- program has deactivated more than the important issues of the day. sider this my final speech because I am 7,500 nuclear warheads that were once In both Indiana and North Dakota, still hopeful we will reach an agree- aimed at the United States. It is a con- agriculture is a pillar of the economy. ment on the farm bill. The distin- tribution to which Americans can Senator LUGAR fully understands the guished Chair is here. I hope we can never give enough thanks. importance of farming, and it has al- reach agreement on averting the fiscal Over his 36 years in this institution, ways been near his heart. He still man- cliff because that is important to the Senators from both sides of the aisle ages a 600-acre corn, soybean, and tree country. I hope we will have additional have considered DICK LUGAR a trusted operation back home. Here in the Sen- chances to communicate with col- resource when it comes to foreign pol- ate, he has been a champion for his leagues and the public before we are icy and many other important issues. State’s farmers, serving on the Agri- done. He has been a consistent resource for culture Committee since his first term. These are my farewell remarks and those who seek thoughtful answers to I have worked with him as a member of observations of 26 years of service here, difficult political questions. that committee since I joined the Sen- and it has been an incredible experi- When I first arrived here in 1989, Sen- ate a decade later. He twice served as ence. ator LUGAR and I operated a unique chairman, most notably during the The first thing I want to do is say joint office arrangement in Indiana. We passage of the 1996 farm bill. thank you to the people of North Da- shared office space and staff in our I had the privilege to work with Sen- kota for having confidence in me when State. Many of our colleagues were sur- ator LUGAR in crafting numerous farm I was only 38 years old in sending me to prised by this arrangement, but DICK bills. During the Agriculture Commit- represent them in the Senate. I was 38, LUGAR and I like to tell Hoosiers that tee’s debate of the last farm bill, Sen- but I looked about 25, and the people of they are getting twice the service for ator LUGAR and I teamed up to fund North Dakota elected me in a stunning half the price. All those who work in rural energy programs. We both under- upset of a long-established incumbent. this Chamber can learn from DICK stand the importance of getting more I treasure the confidence they have had LUGAR’s passion for public service. His energy from the Midwest instead of the in me.

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G12DE6.037 S12DEPT1 tjames on DSK6SPTVN1PROD with S7770 CONGRESSIONAL RECORD — SENATE December 12, 2012 I also want to thank my colleagues North Dakota. So I went home and Sometimes I hear people being crit- for the responsibilities they have given wrote out on the back of an envelope ical of this institution when they leave me. I also want to thank the leadership that I would run for the U.S. Senate in here. Let me say I am not in their team of Senator REID, Senator DURBIN, 1986 or 1988, and I ran in 1986 and was ranks. I leave this institution with Senator SCHUMER, and Senator MUR- successful. That is the power of a plan. enormous respect. The U.S. Senate is RAY and the confidence they have had To the young pages who are here, if the greatest deliberative body in the in me. I have been so blessed to have any of you seeks to be in the U.S. Sen- world, and I sincerely believe the vast people who have been with me on my ate someday, have a plan, because majority of my colleagues are serious- staff in many cases for more than 20 there are so many people who sort of minded and have the best interests of years. My chiefs of staff, include Jim drift through life without one. If you the country at heart. I believe the vast Margolis, who is one of the top media have a plan, you will be light years majority of my colleagues want to do gurus in the country. He has done ahead. what is right for the country. We have much of the advertising for the Presi- In that race, as I indicated, my now- differences—enormous differences— dent in this last campaign. Also, my wife Lucy was my campaign manager. about what is the right thing to do, but thanks to David Herring and Mary We won what was then believed to be I have no doubt most of our colleagues Wakefield, as well as Kent Hall, who the biggest political upset in the his- are well intentioned. died an untimely death while working tory of our State. I was proud of that In many circles it is fashionable now for me. victory and proud to have a chance to to bash government and play down its Thank you to Sara Garland, Bob Van represent North Dakota here. importance. I personally think we I think we all know our country Heuvelen, and Wally Rustad. Thanks would do well to remember what it has needs a plan now, and we know plans also to Tom Mahr, who was my legisla- accomplished. I can remember so clear- have worked before. I was here in 1993 tive director for than 20 years. ly being called to an emergency meet- I also wish to thank my executive as- when we had just come off the largest ing in this building in the fall of 2008. sistant, who has been with me more deficit in the history of the United I was handed a note saying I was ur- than 20 years; Geri Gaginis, who we all States. The country was in the dol- gently requested to come here. It was fondly call Mom in my office because drums. The economy was just plugging about 6 o’clock in the evening. I was along, not doing very well, we had a she cracks the whip and makes sure the last one to arrive. When I walked weak recovery from a deep recession, the trains run on time; Mary Naylor, into the leader’s office, there were the and we passed a plan to get the country my long-time director on the Budget leaders of the House and the Senate, back on track. We did it the old-fash- Committee and who has also been with Republicans and Democrats, the Sec- ioned way. We made tough decisions, me more than 20 years. retary of the Treasury from the Bush My Budget Committee deputies John some that were unpopular, but it was administration, and the Chairman of Righter and Joel Friedman have done the right thing to do and it worked. We the Federal Reserve. I instantly under- balanced the budget. We had the long- extraordinary work on behalf of the stood something very serious was est period of uninterrupted economic people of this country. Stu Nagurka is afoot. They closed the door and told us growth in the Nation’s history. Twen- here with me today and is going to help they were going to take over AIG, the ty-three million jobs were created, and me with charts and has been my long- large insurance company, the next day. we were actually paying down the debt time communications director. They weren’t there to ask for our ap- of the United States at the end of the There are so many more people I proval or seek our agreement; they want to thank. Most of all, I want to Clinton administration. We did it again when disaster struck were there to tell us they were taking thank my family. My wife Lucy, who my State in 1997. We had one of the this step and they told us they were has been my great partner through all worst disasters ever in North Dakota, a taking this step because they believed of this. She was my campaign manager 500-year flood that followed the worst if they did not, there would be a finan- when I first ran for the Senate. My winter storm in 50 years. Many of my cial collapse in this country within daughter Jessie, who has in many colleagues may recall the images from days, and they gave great specificity as ways, perhaps, sacrificed the most, be- that disaster when firemen were fight- to what would happen if there was a cause when a person is in this job they ing an enormous conflagration in failure to take the action they were miss birthdays and other important downtown Grand Forks in the middle about to take. events. She has been a great daughter. of a blizzard and there was also a mas- The public reaction was harshly neg- She was here last night for our farewell sive flood. Grand Forks was dev- ative. The notion of the Government of party and we had a lovely time. Our astated. the United States bailing out a large son Ivan and his wife Kendra, who are Again, we had a plan, a $500 million private insurance company created in Oregon where they have a small disaster recovery plan that became a $1 controversy and criticism from almost farm called Tipping Tree Farm. We billion plan, and it worked, and we did every corner. Ultimately, the rescue of wish they could be here today. Our it the old-fashioned way. We made that company cost $180 billion—a stag- grandson Carter, who is a proud mem- tough decisions, some that were un- gering sum. But do my colleagues ber of the University of Oregon march- popular, but it was the right thing to know what. We have learned this week ing band, The Ducks, and who served as do and it worked. The community held that the taxpayers will make money on an intern for me—not at government a recognition event for me last week- the deal. Yes, it cost us $180 billion, but expense, by the way, it was at our ex- end. The leadership of the community the taxpayers are going to make $22 pense; and our little dog Dakota who was there, and many people from of the billion on the transaction. If we hadn’t has become sort of a mascot of the U.S. community reported on the remarkable done it, we would have risked going Senate. Brian Williams, when he did a recovery in Grand Forks. It is, I think, into a depression. show on ‘‘A Day in the Life of the Sen- an example of what can be done when So when people say there is no role ate,’’ concluded that program by call- government responds and does so intel- for government or it should be a lim- ing Dakota the ‘‘101st Senator.’’ I ligently and effectively. ited, shrunken roll, I say, Really? think he will be missed perhaps more Now we face a new challenge. We Would we have wanted to stand by and than I am as I leave the Senate. have a fiscal cliff or a fiscal curb or risk this country going into another In 1964, I came here. I sat up in the whatever one terms it, but what we Great Depression? Let’s recall what gallery—in fact, it was the gallery know is that if we fail to act, we could that was like. More than 20 percent of right up there—I was 16 years old, and be pushed back into recession. Our the people in this country were out of I watched a debate on civil rights. Hu- country needs a plan—a plan to get us work. I know my own grandfather, who bert Humphrey was leading that de- back on track, to revitalize economic refused to take bankruptcy, owned bate. It so inspired me that I thought, growth, to secure our long-term eco- stock in the local bank. In those days you know, someday I would like to be nomic future, and to get the country people had unlimited liability if they down on that floor and I would like to moving again, and we can do it. We owned stock in a bank. So when there debate the great issues of the day and have done much tougher work in the was a run on the bank, as there was, he I would like to represent the people of past. was called to bring money to the bank,

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G12DE6.039 S12DEPT1 tjames on DSK6SPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — SENATE S7771 which he did. He did it over and over, Senator Gregg and I came up with the Well, we need to put it in perspective. and it took him 9 years to recover. idea of a commission to tackle the The first thing we should recognize is People were hungry. People were des- debt. That idea ultimately led to the this will take us to a revenue level that perate. That is what a depression is President appointing the Bowles-Simp- is 19.9 percent of our GDP. The last five about. son Commission. Its bipartisan report times we have balanced the budget in So when I reflect back to those deci- recommended $4 trillion in deficit re- this country, going back to 1969, we sions, I believe they were the right deduction in a balanced way, and I think have been at 19.7 percent, 19.9 percent, cisions to make. It is not just my view; in a fair way. It protected low-income 19.8 percent, 20.6 percent, and 19.5 per- that is the view of two of the most dis- programs, it actually improved the cent. Does 19.9 percent fit in? These are tinguished economists in this country, progressivity of the tax system quite the only times we balanced the budget Mark Zandi, who was a key economic significantly, and it was balanced be- going back to 1969. adviser to Senator JOHN MCCAIN in his tween revenue and spending. Other bi- To put it in even more perspective, Presidential race, and Alan Blinder, partisan groups have concluded the how much revenue are we going to the former Deputy Chairman of the same, that we need spending restraint raise over the next 10 years without Federal Reserve. Here is what they say: and we need revenue. So there is a crit- any change? Well, here is the number: Without that Federal response, we ical role for government here. We have $37.4 trillion. Nobody ever puts these would have had 8 million fewer jobs seen it in the past and we will find it in things in perspective. These big num- and a 16-percent level of unemploy- the future. bers are in relationship to what; $1.6 ment in this country, and we would But I think we also have to acknowl- trillion is what in relationship to $37.4 have been in the second Great Depres- edge there are problems here. There are trillion? As a percentage that is an in- sion. They call it ‘‘Depression 2.0.’’ problems in this Chamber. As proud as crease of 4.3 percent. My goodness, we So let’s remember where we were I am of this institution, and I will for- cannot increase the revenue by 4.3 per- when President Obama came to office. ever be, I have detected over the 26 cent in this country over the next 10 The Nation was facing the worst eco- years I have been here, a change. It has years? Of course we can. Of course we nomic catastrophe since the Great De- happened kind of gradually, but it has can, especially if it means we get our pression. In the fourth quarter of 2008, clearly happened. We now spend too house in order and put the country on the economy shrank at a rate of almost much of our time seeking partisan ad- a more firm fiscal footing. 9 percent. After the Federal actions, vantage, and it happens on both sides, It does not just matter how much positive economic growth returned in and it is all understandable. I under- money we raise; it also matters how we the third quarter of 2009 and we have stand it. I am not being critical of indi- raise it. We have a Tax Code now which now had 13 consecutive quarters of eco- viduals. We spend too little time trying I cannot defend. I cannot defend it. I nomic growth. We have come a long to solve problems. We spend too little took a study that was done by a man way. This is a remarkable turnaround time in our caucuses, in our meetings, named Martin Sullivan last year. He in a very short time, measured against focused on how to solve the problems did a very interesting thing. He looked previous financial crises. In fact, there facing the country. I deeply believe at one building on Park Avenue in New has been an academic study just com- this observation is true. York, and he was able to do it because pleted that suggests typically it takes I believe we can do better than this. they happened to have the statistics 8 to 10 years to recover from a financial The institutions of our government that isolated that one building. Do you crisis. So the recovery here, while not have a proud history. The genius of our know what he found? The average in- everything we would have hoped, is a Founding Fathers can be found in come in that building was $1,167,000 for dramatic turnaround. every part of our history. Whether it the year—$1,167,000. The average tax At the same time, our constituents was conquering the last Great Depres- rate of the people in that building was know, and we know, the price has been sion or winning World War I and World 14.7 percent. high. We know we are currently bor- War II or launching a man into space The janitor in that building had an rowing 31 cents of every dollar we or conquering dread diseases, over and income of $33,000. He paid a tax rate of spend. That is somewhat of an im- over our country has organized to bet- 24.9 percent. Is this fair? Is it fair that provement, because we were borrowing ter the plight of mankind. We need people making $1.1 million paid a tax 40 cents of every dollar we spend. So that same kind of focus and effort now rate of 14.7 percent, and the janitor this is an improvement, but we have a to address our challenges. I am con- who served them earning $33,000 a year long way to go. And the public under- fident we can do this, but it is not paid a tax rate of 24.9 percent? Well, I stands we face both a spending and a enough to be confident. It is not personally do not think so. revenue problem. Spending is near a 60- enough to be hopeful. It requires a I know all of the arguments. I have year high, as this chart shows. The red plan, and I would like to take the next served on the Finance Committee. I line is the spending line; the green line few minutes to lay out my belief of have heard it all. The biggest reason is the revenue line. But for those who what that plan should include. for this differential, by the way, is not say it is just a spending problem, I Much of what I will talk about re- the earned-income tax rate, which has don’t think the facts bear that out, be- flects the work of the Bowles-Simpson had almost all of the attention in this cause the revenue is near a 60-year low. Commission, the Group of 6 that I have national discussion. Almost all of the I think most logical people would say been a part of, and the Group of 8. attention has been on the earned-in- we have to work both sides of this It starts by looking at what both come tax rate and raising it from 35 equation. sides have laid down. Republicans have percent to 39.6 percent. When we look at our debt, we see laid down the spending cut plan; the Almost no attention has been paid to that our gross debt has now surpassed President has laid down a revenue plan. the unearned-income tax rate on cap- 100 percent of our gross domestic prod- My own belief is we should take them ital gains and dividends. The unearned uct. There was a landmark work done a both. We should take what the Repub- rate is currently at 15 percent. That is couple of years ago by Rogoff and licans have proposed on spending, with what allows very wealthy people to pay Reinhart. They looked at 200 years of some modest modifications which I a tax rate that is a fraction of those economic history and they concluded will discuss, and we should take the who work full time and are paying that once our debt exceeds 90 percent President’s plan on revenue. rates of 25 percent. of GDP, our future economic prospects The President laid down a plan that So I hope as we move to conclusion are reduced, and reduced quite signifi- said we ought to raise $1.6 trillion over we will pay a little more attention to cantly: future economic growth re- the next 10 years. Boy, that sounds like the unearned rates. The truth is, we duced by 25 to 33 percent. So this is not an awful lot of money, doesn’t it—$1.6 would not have to have as much of an just numbers on a page; this is a ques- trillion. Not billion, not million, tril- increase as is being proposed on the tion of future economic opportunity. lion. And people will be quick to say: earned-income side and have more of This growing debt is why many of us Oh, my God, that is the biggest tax in- an increase on the unearned-income called for action a long time ago. In crease in the history of mankind. Ter- side, and we would make the Tax Code fact, it was 6 years ago this month that rible. We cannot do that. fairer and we could raise the same

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G12DE6.040 S12DEPT1 tjames on DSK6SPTVN1PROD with S7772 CONGRESSIONAL RECORD — SENATE December 12, 2012 amount of revenue. That is the revenue not put them in perspective. We cannot that to the $1.6 trillion of revenue, we side. save 2.6 percent out of discretionary have $4.050 trillion of savings. But the spending side Republicans accounts. Well, I believe we can. I abso- Then I personally would extend the have down. They have put out a pro- lutely believe we can. I believe we can payroll tax holiday because CBO tells posal that asks for savings out of enti- save more out of defense. us, on the tax side, that holiday is the tlements and other discretionary I have supported every penny—I did biggest bang for the buck in giving a spending. And if we look at their pro- not vote for going to war in Iraq. I lift to the economy. It will cost us $200 posal and break it down—again, let’s thought that was a huge mistake. But billion, for a net deficit reduction of look at health care. We are going to I have supported every dollar of spend- $3.850 trillion. For those wondering spend $11 trillion over the next 10 years ing for our troops in the field. I can tell what happens to AMT and what hap- on health care. Republicans are pro- you as the Budget Committee chair- pens to the doc fix, we have those in posing saving $600 million. If we had a man, we can save more money in de- the baseline so they are covered in this compromise between Republicans and fense. There are lots of Republicans proposal. We can correct the alter- Democrats let’s say at $500 million, who know we can do it too. native minimum tax. We can eliminate that would be a savings of, again the Other mandatory. That is another the doc fix and be done with them. magic, 4 percent. category the Republicans said to save This magnitude of package is pre- We are going to increase revenue 4 $300 billion there. I think they are $100 cisely what was called for in the fiscal percent. If we had savings in health billion too high because we are already commission. In The Moment of Truth care of 41⁄2 percent, we would save $500 saving over $100 billion out of other report, this is what they called for. I billion. Now, I have had conversations mandatory programs to offset the cost think they were right to call for it. I with colleagues who tell me we cannot of extending certain policies just last was proud to be part of that effort. I possibly save $500 billion out of health year. So let’s save $200 billion. That believe this is precisely what we need care, just like people say, well, we can- would represent, again, 4 percent of to do now. So that is the plan. Now we not possibly increase revenue $1.6 tril- what we are projected to spend over need action. We should do it the old- lion. the next 10 years in other mandatory fashioned way. We should make tough Really, we cannot save $500 billion spending; $5.1 trillion is what we are decisions, even some that will be un- out of a pot of money where we are programmed to spend. Two hundred popular. It will be the right thing to do, and it going to spend $11 trillion? I do not billion dollars of savings there would will work. It will stabilize our debt and think that is true. I think we can save represent 4 percent. $500 billion. And I will tell you, there is Again, I have had colleagues tell me begin to bring it down. It will provide someone sitting on this floor who has a we cannot possibly save $200 billion. I certainty to our economy. I believe it will unleash the $1.7 trillion that is in pretty good idea of how to do it. Sen- have had staff people tell me we cannot the balance sheets of our corporations, ator SHELDON WHITEHOUSE has said to save $200 billion. So I say, how much and it will unlock the investment po- us over and over and over: We are are we going to spend? How much are tential that lies all across this coun- spending more than any other country we going to spend? That $200 billion in the world as a share of our national try. represents 4 percent of what we are Let me end as I began by simply say- income on health care. We are spending going to spend. We cannot save 4 pering thank you. Thank you to the peo- 18 percent of our GDP on health care. cent? Yes, we can. Yes, we can. ple of North Dakota, thank you to my No other country spends more than 111⁄2 I was elected on the slogan, in 1986, of colleagues, thank you to my staff and, percent. ‘‘Yes We Can.’’ And somebody else used most of all, thanks to my family—to The best minds in this country have that slogan a few years later. President my wife Lucy, to my daughter Jessie, told us we are wasting hundreds of bil- Obama used that slogan, ‘‘Yes We to our son Ivan and his wife Kendra, lions of dollars in health care that do Can.’’ He called me up. and to our grandson Carter. To all my not improve health care outcomes at He said: Do I owe you royalties? family members, my cousins, who have all. If we would save money in overall I said: No, I am glad you are using it. been with me in every campaign, I will But, yes we can. We need more of a health care, 40 percent of that savings never forget your support and your yes-we-can attitude around here. would flow through to the Federal Gov- help. I will always consider serving So when I rack it all up and I look at ernment. Senator WHITEHOUSE is right here the honor of my life. about this. We ought to focus like a what we have already done, we have I also thank my colleague Senator saved $1 trillion in the Budget Control laser on where the waste is. HOEVEN, who, in the 2 years he and I We do not need to increase the eligi- Act of last year. Here is other manda- have overlapped, has been a good col- bility age for Medicare. We absolutely tory savings I just talked about: more league. I have enjoyed working with do not have to do it to save $500 billion. than $100 billion that we have already him very much. But what it would do, if we save $500 done to offset the cost of extending cer- I just close by noting, because as billion, is it would keep the growth in tain policies, $900 billion of other dis- many of you know, I am sort of a num- health care spending about equal to the cretionary savings already done. So we bers guy, that I started these remarks growth in the overall economy. That put that in the bank. We use that as in the 12th hour of the 12th day of the would stabilize the growth of health the base. 12th month of 2012. I am sure care spending. That would be a huge We put it all together and here is numerologists will make much of those contribution to the economic competi- what we have: We save another $200 bil- relationships. I began this speech in tive position of the United States. lion on defense; we have revenue of $1.6 the 12th hour of the 12th day of the Republicans have also said: Hey, let’s trillion, which is the President’s pro- 12th month of 2012, and I leave here for- save $300 billion on domestic discre- posal; we have $100 billion of non- ever grateful for the opportunity to tionary savings. Now, I will be the first defense. That gets us the $300 billion serve. to say we have already had lots of sav- the Republicans have asked for. The PRESIDING OFFICER (Mr. ings on the discretionary accounts. We On health care we do $500 billion. UDALL of New Mexico). The Senator have saved over $1 trillion in the dis- That is close to what they have asked from Michigan is recognized. cretionary accounts. But they say, ok, for, $100 billion less. Other mandatory, Ms. STABENOW. I wish to take a let’s save another $300 billion. I think $200 billion; that is close to what they moment to thank our distinguished we should say we will do it if they go asked for. The $100 billion difference colleague and my dear friend for his with us on the revenue. We will do it reflects what we have already done. wonderful service. We serve on three because that represents a savings of 2.6 Interest savings. Because we are committees together. It has been my percent of the $11.6 trillion we are spending less and we have more rev- honor to serve on the committee Sen- going to spend in the discretionary ac- enue, we save interest, $400 billion. ator CONRAD chairs, the Budget Com- counts over the next 10 years. That gives us a total of spending cuts mittee, and to have him serve as a sen- Now, I think we have gotten into a of $1.4 trillion. We add in what has al- ior member of the Agriculture Com- situation where we use numbers that ready been done $1.050 trillion, and we mittee, which I chair. Both of us sit on are absolutely big numbers, but we do have a total of $2.450 trillion. We add the Finance Committee together.

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G12DE6.042 S12DEPT1 tjames on DSK6SPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — SENATE S7773 Today he has done what he has al- that I will never forget as a young Sen- time when we need good policy for our ways done for us, which is to provide ator tutored by him in the Budget country, but at the same time we need vision, common sense, intelligence, and Committee. I can speak for myself to find savings, real savings that will a lot of numbers. They add up, and when I say that, and I will only speak help us address the deficit and the they make sense. In listening to Sen- for myself when I say that, but I am debt. So we went to work on a farm ator CONRAD’s farewell speech, I want absolutely confident there are dozens bill—a farm bill that is not only re- to thank him again for giving us a path of other Members of this body who can sponsive to the farmers, the ranchers, forward. He is someone who will for- say exactly the same thing. In that and the producers of this country who ever be in Senate history as one of the sense, KENT CONRAD will continue to be produce the highest quality of food great statesmen of our country, some- an important part of this Senate, and supply in the world at the lowest cost— one with intelligence, respect on both the effect he will have in those years every American benefits from that. sides, compassion, and a fighter from through the example he has set, echoed They wanted more crop insurance, and North Dakota like I have never seen. down the hallways of time by people we went to work. We improved the He is someone who serves in the best who had the opportunity to serve with farm bill in terms of the kind of crop tradition of what it means to be an him, is going to be an immensely valu- insurance it provides, but at the same honorable public servant. able one. time we saved $23 billion to help with He has been a role model for me all He displays the characteristics of the deficit and the debt. That is doing the way through to this point and a diligence—an underrated attribute but it the right way. dear friend. I wish him, Lucy, and Da- an important one—of courtesy, of de- If you think about it and you went kota—he is, in fact, the 101st Senator— termination. It is an interesting com- across all aspects of what we are doing wonderful opportunities going forward bination, courtesy and determination, here, all of the different types of poli- in the future. The Senator from North but Chairman CONRAD knows very well cies that we have, if we could do the Dakota will be greatly missed, but his when to yield and when to fight. There same—craft good policy and find real, contributions will forever be a part of was a politician hundreds of years ago meaningful savings on a bipartisan the positive tradition of this great in another country who said, ‘‘One basis that empowers the very people body. ought not to be obstinate,’’ and then he who are impacted by that policy, the The PRESIDING OFFICER. The Sen- continued, ‘‘unless one ought to be, and farmers and the ranchers who do such a ator from Rhode Island. then one ought to be unshakable.’’ On great job producing food, fuel, and Mr. WHITEHOUSE. I yield to the dis- the things that count, Senator CONRAD fiber, but at the same time grow our tinguished chairman of the Judiciary has always been unshakable. Where economy, create a favorable balance of Committee, the Senator from Vermont. progress can be made, he has never trade and an incredible number of Mr. LEAHY. I thank the Senator. I been obstinate. It has been my honor jobs—that is what we have to do, will be speaking later on to the senior to serve with him. whether it is agriculture, whether it is Senator from North Dakota. I yield the floor. energy, whether it is disaster assist- Mr. President, I have had the privi- The PRESIDING OFFICER. The Sen- ance when we have floods and hurri- lege to serve with several hundred Sen- ator from North Dakota is recognized. canes, whether it is our military. Mr. HOEVEN. I rise to speak on be- ators since coming here. I have put in I am very pleased and honored to half of the senior Senator from North a very small list those who are extraor- have had the opportunity to work with Dakota and to thank him for his dedi- dinary both for their talents and for Senator CONRAD on those types of cated service on behalf of the people of issues to try to make a real difference our personal friendship, and KENT CON- North Dakota and on behalf of the peo- for the people of this country. As Sen- RAD is in that short list very easily. In ple of this great Nation. ator CONRAD departs the Senate after fact, he defines it in many ways. Be- I think this is 26 years that he has cause of what we heard here, as I whis- 26 years—think about it: 26 years here, served in the Senate, and he has always conducting himself in a professional pered to him a minute ago, it was nice served with great distinction and great manner with respect to this institu- to hear a grownup speak on the floor. commitment. He has been a leader in tion. He built relationships with Sen- I have seen him reach across the agriculture, in energy, and in fiscal ef- aisle. We have been privileged, both of ators on both sides of the aisle but al- forts and many other areas. ways with a commitment to the people us have been privileged to serve with I have to say on a personal note that of North Dakota and this country. fine Senators from both parties. But since I came to the Senate last year, he As I look at the legacy he leaves, I KENT CONRAD is unique. Marcelle and I has reached out to me and to my fam- think one of the most important right value more than I could possibly say ily in a very warm and positive way, now is his willingness to work in a bi- here our friendship with Kent and his both personally and professionally, and partisan way to get things done. He wife Lucy and the 101st Senator, Da- I would say the same about his wife brings a practical, pragmatic approach kota. Lucy. I think this is in the finest tradi- that recognizes solutions are imperfect As I said, I will speak later about tion of the Senate, in the tradition of but that we have an obligation in a bi- this Senator, but what we heard today bipartisanship, in the tradition of partisan way to come together and find was a real giant of the Senate speak- working together, and in the tradition real solutions for the people of the ing, and I hope all Americans will lis- of truly caring and being committed to greatest Nation on Earth. It is that ten to the lesson he gave us. getting things done. It wasn’t just that legacy, that willingness to be bipar- I yield the floor. he reached out on a personal level and tisan and work together that I saw up The PRESIDING OFFICER. The Sen- said: All right, how can I be helpful, close and personal here every day. I be- ator from Rhode Island is recognized. how can we work together; when I had lieve it is that legacy, as well as many Mr. WHITEHOUSE. Before the junior questions or needed assistance, he was others, that will continue here in this Senator from North Dakota speaks— there. He was more than helpful. body when we think about Senator and I appreciate his courtesy in allow- In terms of working on legislation KENT CONRAD and his service to North ing us to make a few brief, personal re- that matters, a farm bill, working to- Dakota and his service to this great marks before he speaks—I wanted to gether on the Agriculture Committee— country. say to my friend and my chairman, the Senator CONRAD has an amazing knowl- I rise to say thank you on behalf of senior Senator from North Dakota, edge of agriculture and obviously in- the people of North Dakota and this that, yes, in the most obvious respect, credible experience over the past 26 country to my distinguished colleague he is leaving the Senate, and we will be years building good farm policy for this for 26 years of dedicated service. Thank a smaller Senate for his departure. But Nation. So to work with him on the you, good luck, and God bless in your in some very important ways, KENT Agriculture Committee was not only future endeavors. CONRAD is not leaving the Senate. I can rewarding but really an opportunity to Mr. President, I yield the floor. assure him that for as long as I remain craft good long-term policy for this The PRESIDING OFFICER. The Sen- a U.S. Senator and have the privilege country that will make a difference. ator from North Dakota is recognized. to serve in this body, KENT CONRAD will I start with that example because Mr. CONRAD. I want to thank Sen- remain in this Senate as an example when you look at it, here we are at a ator HOEVEN, my colleague, for his

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G12DE6.044 S12DEPT1 tjames on DSK6SPTVN1PROD with S7774 CONGRESSIONAL RECORD — SENATE December 12, 2012 kind words. I have really enjoyed the and the volunteers in my campaigns We have every reason to be proud of relationship. I think you can tell we who gave so much and asked for noth- the progress of humanity that has hap- worked together very well, and I hope ing in return except that I do what I pened on America’s watch and here at that serves as an example to others of believed was right; gratitude to all home to be grateful for the countless our colleagues. Even if you are on those who labor out of view in the cor- ways in which our own country has other side of the political aisle, you ridors of this Capitol Building, from been benefited in the process. We live can work together, and you can get the maintenance crews to the Capitol in a world whose shape and trajectory things done. Police and everybody else anywhere in the United States, more than any other I also thank Senator LEAHY, my dear this building—thank you for keeping nation, is responsible for. It is cer- friend. He and his wife are very close our Capitol running and keeping us tainly not a perfect world. I know that. friends of mine and my wife’s. safe; and gratitude most of all, of But it is a better world than the one we To Senator STABENOW, the distin- course, to my family for the love, sup- inherited. In my opinion, it is actually guished chairman of the Agriculture port, and inspiration they have given in so many ways a better world than Committee, and Senator WHITEHOUSE, me every day of my life—my parents, has ever existed before. who served with me on the Budget grandparents, and siblings, my children Here at home, over the past quarter Committee, I want to take special note and grandchildren, and Hadassah, my century, we have moved closer to the of the friendships we have enjoyed. wife of almost 30 years now, the love of more perfect union our Founders Senator STABENOW and Senator WHITE- my life, who has been my constant sought—becoming a more free and open HOUSE will be friends of ours for as long companion, supporter, and partner society, in ways I would guess those as we are on this Earth. through this amazing adventure. same Founders never could have imag- I look forward to our continuing rela- So I want to begin this farewell ined. tionship with the Leahys, who, as I speech by simply saying thank you all. Barriers of discrimination and big- have indicated, have become very dear I have a lot to be grateful for. But, Mr. otry that just a few decades ago personal friends. President, being a Senator, and since seemed immoveable have been broken, In closing, to Senator HOEVEN, the this is my farewell speech, I do have a and the doors of opportunity have been best part of service here is getting few more things I would like to say. opened wider for all Americans—re- things done. And Senator HOEVEN has I am leaving the Senate at a moment gardless of race, religion, gender, eth- come with that attitude to this Cham- in our history when America faces nicity, sexual orientation, age or dis- ber—to get results for the people we daunting challenges both domestic and ability. represent—and I appreciate that atti- foreign and when too often our prob- During my time in Washington, we tude, and I appreciate the friendship. lems seem greater than our govern- have had our first female Secretary of Finally, I say to the distinguished oc- ment’s ability to solve them. But I can State nominated and confirmed and cupant of the chair, we have had a very tell you I remain deeply optimistic our first African-American President good relationship as well. I thank him about America’s future and constantly elected and reelected. It will forever re- for his service and for this opportunity inspired by the special destiny I am main one of my deepest honors that— to have my farewell remarks before the convinced is ours as Americans. thanks to Vice President Gore—I was Senate on this the 12th day of the 12th My optimism is based not in theory given the opportunity to be the first month of 2012. That is a remarkable set or hope but in American history and in Jewish American nominated by a of coincidences. personal experience. I think particu- major political party for national of- I thank the Chair. I yield the floor, larly about my time in public life and fice—and, incidentally, thanks to the and I suggest the absence of a quorum. especially the changes I have witnessed American people, grateful to have re- The PRESIDING OFFICER. The since I took the oath of office as a Sen- ceived one-half million more votes clerk will call the roll. ator on January 3, 1989. The fact is that than my opponent on the other side. The assistant legislative clerk pro- over the past quarter century, America But that is a longer story. ceeded to call the roll. and the world have become freer and While there is still much work to do Mr. LIEBERMAN. Mr. President, I more prosperous. The Iron Curtain was and many problems to be solved, I be- ask unanimous consent that the order peacefully torn down, and the Soviet lieve we can and should approach our for the quorum call be rescinded. empire defeated. The eternal values of future with a confidence that is based The PRESIDING OFFICER. Without freedom and opportunity, on which on the real and substantial progress we objection, it is so ordered. America was founded and for which we have made together. What is required f still stand, have made global gains that now to solve the real urgent problems were once unimaginable. We have seen we still have is leadership—leadership FAREWELL TO THE SENATE the spread of democracy from Central of the kind that is never easy or com- Mr. LIEBERMAN. Mr. President, my Europe to Southeast Asia and from mon but which we as Americans know fourth and final term as a U.S. Senator Latin America to the Middle East. we can summon in times of need be- will soon come to an end. As I reflect Hundreds of millions of people have cause we have summoned it before. on that reality, I am, of course, filled been lifted out of poverty in places Today, I regret to say, as I leave the with many emotions, but the one I feel such as China, India, and just about Senate, the greatest obstacle I see most is gratitude—gratitude first to every other corner of the globe, and standing between us and the brighter God, creator of life and law, without technological advances have trans- American future we all want is right whose loving kindness nothing would formed almost every aspect of our here in Washington. It is the partisan be possible; gratitude to America, the daily lives. polarization of our politics which pre- extraordinary land of opportunity When I started in the Senate, a vents us from making the principled which has given someone like me so BlackBerry was a fruit and tweeting compromises on which progress in a de- many opportunities; gratitude to the was something only birds did. No more. mocracy depends and which right now people of Connecticut, who have en- None of these extraordinary develop- prevents us from restoring our fiscal trusted me with the privilege of public ments happened by accident. In fact, to solvency as a nation. service for 40 years, the last 24 in the a significant degree, I would say they We need bipartisan leadership to Senate; gratitude to my Senate col- were made possible by the principled break the gridlock in Washington that leagues, whom I have come to know as leadership of the United States, by the will unleash all the potential that is in friends and with whom it has been such global economy and international sys- the American people. So I would re- an honor to serve; gratitude to all the tem America created with our diplo- spectfully make this appeal to my col- people without whose help, hard work, macy and protected with our military leagues—especially the 12 new Senators and support I never would have made it and by the unique culture of freedom, who will take the oath of office for the to the Senate or stayed here, the gifted innovation, and entrepreneurship that first time next month. I know how and hard-working staff in Connecticut flourishes in our country and that re- hard each of you has worked to get and Washington who supported, in- mains the model and inspiration for elected to the Senate, and I know you formed, and enriched my service here, the rest of the modernizing world. worked so hard because you wanted to

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G12DE6.045 S12DEPT1 tjames on DSK6SPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — SENATE S7775 come here to make a difference for the ability to meet. Just as we ended the gave us the confidence to pursue our better. There is no magic or mystery ethnic cleansing in the Balkans, we can dreams, which was their American about the way to do so in the Senate. stop the slaughter in Syria. Just as we dream for us. It requires reaching across the aisle nurtured the democratic transitions America remains a land of dreams and finding partners from the opposite after communism fell in Central and and a nation of dreamers. I know my party. It means ultimately putting the Eastern Europe, we can support the own story repeats itself today in mil- interests of country and constituents forces of freedom in the Middle East lions of American families and their ahead of the dictates of party and ide- today. Just as we were able to prevail children. As long as that is so, I know ology. in the long struggle against the Soviet our best days as a country are still When I look back at my own career, Union during the Cold War, we can pre- ahead of us. the legislative achievements I am vail in the global conflict with Islamist So I will end my remarks where our proudest to have been part of—such as extremism and terrorism we were country began a long time ago—with a passing the Clean Air Act of 1990, stop- forced into by the terrorist attacks of dream and a prayer that God will con- ping the genocide in the Balkans, cre- September 11, 2001. tinue to bless the United States of ating the 9/11 Commission and the De- But all that too will require leader- America. partment of Homeland Security, re- ship in the Senate. It will require lead- I thank the Chair and I yield the forming the intelligence community, ers who will stand against the siren floor. reorganizing FEMA, and repealing song of isolationism, who will defend The PRESIDING OFFICER. The Sen- don’t ask, don’t tell—all were achieved our defense and foreign assistance ator from Arizona. only because a critical mass of Demo- budgets, who will support, when nec- Mr. MCCAIN. Mr. President, I will crats and Republicans found common essary, the use of America’s military have a lot more to say about my friend ground. That is what is desperately power against our enemies in the from Connecticut in the next few days. needed in Washington now to solve our world, and who will have the patience In the meantime, I wish to thank him Nation’s biggest problems and address and determination when the public for a very important, a very visionary, our biggest challenges before they be- grows weary to see our battles through and very wonderful statement. We come crises or catastrophes. until they are won. thank him for it. Our future also depends on our Na- I first set foot in this Chamber al- I yield the floor. tion continuing to exercise another most exactly 50 years ago, in the sum- The PRESIDING OFFICER. The Sen- kind of leadership; that is, leadership mer of 1963, inspired like so many of ator from Connecticut. beyond our borders. This too has never my generation by President John F. Mr. BLUMENTHAL. Mr. President, I been easy or popular. Americans have Kennedy and his call to service. I spent wish to thank my colleague and friend rarely been eager to entangle ourselves that summer right here in the Senate from Connecticut on behalf of all the abroad, especially at times when we as an intern for my home State Sen- people of our State for his lifetime of have faced economic difficulties at ator, Abe Ribicoff. He was and remains public service. home, as we do now. There has been another personal hero of mine. Al- Our lives have been intertwined per- the temptation to turn inward, to tell though I never would have admitted so sonally and professionally for almost 40 ourselves that the problems of the publicly back then, because it was so years. world are not our responsibility or that presumptuous, I came away from that I had the privilege of coming to know we cannot afford to do anything about experience with the dream that I might Senator LIEBERMAN’s family, his par- them. In fact, the prosperity, security, someday, somehow return to serve in ents who gave him the values and and freedom of the American people de- this place. ideals he has expressed so eloquently pend more than ever before on what is I have been blessed to live that and powerfully repeatedly throughout happening in the rest of the world—and dream, and that is what America is all America as he did today on the floor of so, too, does the rest of the world de- about. We have always been a nation of the Senate. That dream, which they in- pend especially on us. dreamers whose destiny is determined spired, is indeed a uniquely American I know we can’t solve all the planet’s only by the bounds of our own imagina- dream, but it is rooted also in the problems by ourselves, nor should we tion and by our willingness to work Stamford and Connecticut community try. But the fact is that none of the hard to realize what we have imagined. that we share, those ideals of faith, biggest problems facing the world can Indeed, long before the United States education and intellect and those or will be solved in the absence of came into being as a government of in- qualities of independence and courage American leadership. Here, too, I ap- stitutions and laws, it was a dream—a and perseverance in the face of adver- peal to my Senate colleagues—and, dream, an implausible, incredible sity which he has embodied and taught again, especially those who will take dream, animated by faith of a country to so many young people and others the oath of office for the first time defined not by its borders nor by its around our State and around the coun- early in January—do not listen to the rulers nor by the ethnicity of its try and, of course, the ideals and goals political consultants or others who tell Founders but by a set of eternal and of civility and, maybe most important you that you shouldn’t spend time on universal principles—that life, liberty, for this body, the ideal of public serv- foreign affairs or national security. and the pursuit of happiness are God’s ice, which he has exemplified through They are wrong. The American people endowment to each of us. all of these years, an unremitting, need us, the Senate, to stay engaged That was the dream that gave us our unstinting, and unwavering commit- economically, diplomatically, and existence and our purpose as a nation, ment to making the world a better militarily in an ever smaller world. Do and it is the dream that for more than place, person by person, individual by not underestimate the impact you can 200 years, through every passing gen- individual, helping make America have by getting involved in matters of eration, has been reinventing, renew- equal to that great ideal and dream he foreign policy and national security, ing, enthralling, and surprising us—the has articulated so eloquently. whether by using your voice to stand in very dreamers who are living that I have been privileged, also, to know solidarity with those who are strug- dream. JOE’S wife Hadassah, who has added so gling for the American ideal of freedom I leave this Chamber as full of faith extraordinarily to his life and made in their own countries across the globe in the dream called America as when I possible so many of his achievements. or working to strengthen the foreign stood here nearly one quarter century This tribute is to her and his family as policy and national security institu- ago to take the oath of office for the well as to him. tions of our own country or by rallying first time—and as when I first came For the past 2 years I have had the our citizens to embrace the role that here nearly one-half century ago as a privilege of working with Senator LIE- we as a country must play on the world 21-year-old, the grandchild of four im- BERMAN, it has been a real honor, and I stage, as both our interests and our migrants to America, the son of won- look forward to continuing my work values demand. derful parents who never had the op- with him, although it will no longer be None of the challenges we face in a portunity even to go to college but in this Chamber, just as I worked with still dangerous world is beyond our made sure my sisters and I did and him before reaching here. In a sense, I

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G12DE6.047 S12DEPT1 tjames on DSK6SPTVN1PROD with S7776 CONGRESSIONAL RECORD — SENATE December 12, 2012 followed his professional path as a He is a person of heart and of soul—a ing to the top of the ticket as a rep- State senator, as attorney general, and big heart and a soul that reaches out to resentative of the Democratic Party, now here. people. Senator LIEBERMAN has frequently Many of our colleagues will come to I thank him for his great work, his demonstrated his willingness to work the floor in these remaining days of contribution, his unstinting generosity across the aisle to achieve his vision. this session to commemorate the tre- to the people of our State, Connecticut, I respect JOE’s commitment to his mendous legacy he leaves. It is a leg- through all of his years of service in personal convictions and his hard work acy of action, not just of words as we many different positions, in many dif- on behalf of the people of Connecticut. have heard today, but action and ferent ways, in a myriad of places I thank him for his service to our coun- achievement. He has been a steadfast throughout the State and throughout try and wish him all the best. supporter of family planning and a our Nation. I yield the floor, and I suggest the ab- woman’s right to choose, raising I thank my Connecticut colleague for sence of a quorum. awareness and garnering commitment dedicating his life to public service. I The PRESIDING OFFICER. The of congressional colleagues for that look forward to being with him, if not clerk will call the roll. cause. He has been a champion of in this Chamber, in many other places The assistant legislative clerk pro- equality and justice, exemplified, for around the country. I continue to ad- ceeded to call the roll. Mr. NELSON of Nebraska. Mr. Presi- example, in his advocacy of the repeal mire his great contributions to our dent, I ask unanimous consent the of don’t ask, don’t tell. He has been a country as well as to our State. Thank order for the quorum call be rescinded. you, Senator LIEBERMAN. leader on environmental conservation The PRESIDING OFFICER (Mr. as attorney general of our State, as Mr. CONRAD. Mr. President, I rise CARDIN). Without objection, it is so or- today to honor my colleague, Senator well as in this body, especially in the dered. fight to protect Long Island Sound, a JOE LIEBERMAN, who will be leaving the treasure of Connecticut and the entire Senate at the end of this term. Senator f Nation. LIEBERMAN’s long career in public serv- FAREWELL TO THE SENATE He was a leader in bringing to the ice began in the Connecticut State Mr. NELSON of Nebraska. Mr. Presi- floor of this Chamber one of the first Senate, where he served for 10 years, dent, I rise today to thank the people bills on climate change. His legacy will including three terms as the majority of Nebraska. It is a tremendous honor live on in these efforts: the clean air leader. JOE then put his Yale law de- to have had the opportunity to serve and water he has helped to protect, the gree to good use as the attorney gen- the state for 20 years—8 as Governor urgency with which he has fought to eral for the State before winning his and 12 as Senator. The people of Ne- protect our natural treasures in Con- bid for the U.S. Senate in 1988. He has braska are generous and hardworking necticut and around the country. His served in this esteemed body for 24 and it has been a true privilege to rep- spirit of environmental stewardship years, and I am grateful for his dedica- resent them. will inspire generations to come. That tion and service to our country. I also want to thank my parents— ideal of stewardship is also articulated JOE is a true patriot. As Senator, he Birdella and Benjamin. Raising me in by his remarks here, the stewardship of has made ensuring the security and McCook, NE they instilled in me the democracy, of our Republic. safety of our Nation his priority. He values I have tried to embrace and One of Senator LIEBERMAN’s signa- spearheaded the creation of the Depart- which serve as guiding principles for ture accomplishments has been the crement of Homeland Security in 2002 and me in both public and private. ation of the Department of Homeland has served honorably as the chairman I especially want to thank my family Security in which he aimed to consoli- of the Homeland Security and Govern- for their unwavering love and support. date disparate agencies to facilitate mental Affairs Committee. In this posi- As my colleagues know, public service interagency communication. In the tion, Senator LIEBERMAN promoted a requires our families to sacrifice—sac- wake of 9/11, he made that a mission forward-thinking security strategy of rifice privacy and sacrifice the ability and achieved it as chairman of the preparing our military to respond to to determine their own schedule among Committee on Homeland Security and the unique security threats posed in many other things. And so I sincerely Government Affairs as well as a leader the 21st century. In particular, he has thank my wife Diane, our four kids and on the Armed Services Committee. And worked to address cyber security issues five grandkids for their patience and on that committee, Armed Services, he and prepare our military to respond to understanding. While it is hard to walk has championed a strong and vital na- evolving warfare tactics. away from this body, I look forward to tional defense. That remains essential Senator LIEBERMAN has also worked getting to spend a lot more time to- now as it has been throughout his ca- to ensure that our Nation can stand gether. reer. strong in the face of natural disasters. As a public official the lens through I am grateful to Senator LIEBERMAN’s In 2006, he worked with Senator COL- which I have always tried to view deci- support for a bill I recently introduced, LINS to make the Federal Emergency sions is: how will this policy, this vote the End Trafficking in Government Management Agency, FEMA, more ef- or this decision impact my community, Contracting Act, which addresses the fective and responsive to communities my State and my country? This focus serious problem of human trafficking suffering from the effects of natural and advocacy for my home State has by Federal contractors and subcontrac- disasters. He insisted that FEMA cen- resulted in both praise and criticism at tors. I think his support for that meas- tralize and upgrade its information various times but I stand before you ure demonstrates, again, his commit- technology, IT, system to better re- today proud of the accomplishments ment not only to equality but helping spond to disasters and the needs of the achieved over the last 12 years and and working with others in this body public. grateful for the opportunities afforded on a bipartisan basis who share his JOE and I have worked together as to me by the people of Nebraska. Arriv- goals, as that measure has been and members of the Anti-Meth Caucus to ing in the Senate in 2001 I recall think- was and will be, as is the cause of end- fight the methamphetamine epidemic. ing about what one of my predecessors ing human trafficking and achieving Senator LIEBERMAN recognizes the in this body, Ed Zorinsky, used to say. human rights. threat drugs like methamphetamine Senator Zorinsky said that the biggest Most recently, in a very personal way pose to the security of our borders, the problem in Washington, D.C. is there I observed Senator LIEBERMAN’s deep health of our citizens, and the eco- are too many Democratic Senators and empathy for people who are victims of nomic prosperity of our Nation. I was there are too many Republican Sen- natural catastrophes. When the recent proud to work with him on this impor- ators. There are not enough U.S. Sen- spate of storms struck Connecticut, tant issue. ators. Unquestionably my proudest mo- Irene and Sandy, I toured with him In 2000, Senator LIEBERMAN ran as ments in the Senate are those efforts stricken places, seeing in his eyes and the Vice Presidential candidate, be- that were bipartisan and pursued by a hearing in his voice his sense of how incoming the first person of the Jewish collective motive to get the best pos- dividuals and their families are af- faith to represent a major political sible result while maintaining the dig- fected by any kind of natural disaster. party on a national ticket. Despite ris- nity of this institution.

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G12DE6.049 S12DEPT1 tjames on DSK6SPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — SENATE S7777 Probably the most straightforward If I were to leave this body with one NELSON for his service. We appreciate example of this work is the com- thought and hope for the future, it everything he has done. We wish the promise achieved by the Gang of 14. As would be this: Congress needs to Senator the very best, and I have a many of my colleagues will recall, in change its math, and by that I mean sense we are going to have an oppor- 2005 there were several judicial nomi- the Members of Congress should be tunity to work together in future nees presented to the Senate for its more concerned about addition and years. consideration but which had not yet re- multiplication and less involved in di- Mr. CONRAD. Mr. President, I rise ceived an up or down vote. The major- vision and subtraction which seems to today to pay tribute to and recognize ity leader at that time, Senator Frist overtake this institution at times. My the achievements of Senator BEN NEL- of Tennessee, was considering what be- hope is that in the process of doing SON, who, like me, will be leaving the came known as the so-called ‘‘nuclear this, Congress and our Nation will have Senate at the end of this year. I con- option’’ which would have changed the a stronger desire to find solutions for sider Senator NELSON, who has rep- Senate’s rules so that the minority the country’s greatest challenges more resented Nebraska in the Senate since party couldn’t filibuster a judicial so than any effort to try to drive our 2000, a friend and an excellent col- nominee. citizenry apart. league. There was a great deal of concern With that, I will say one more time: Senator NELSON has had a long and about how this would impact the Sen- Thank you to my family, my staff, my impressive career, spanning both the ate’s longstanding tradition of major- colleagues, and most especially to the private sector as well as State and Fed- ity rule while recognizing minority people of Nebraska. eral Government service. After grad- rights—and what this would mean to I yield the floor, and I note the ab- uating from law school at the Univer- the way the Senate conducted its busi- sence of a quorum. sity of Nebraska, Senator NELSON ness in the future. At that time, myself The PRESIDING OFFICER. The spent roughly two decades working in and Senator Lott convened 12 of our clerk will call the roll. the insurance industry, both as a legal colleagues—6 additional Democrats The bill clerk proceeded to call the practitioner and in leadership roles at and 6 additional Republicans. Together roll. the Central National Insurance Group, we met and exchanged ideas about how The PRESIDING OFFICER. The Sen- the National Association of Insurance to find a sensible way forward that ator from Nebraska. Commissioners, and the Nebraska De- would satisfy all 14 Senators such that Mr. JOHANNS. Mr. President, I ask partment of Insurance. each would agree the Senate was duti- unanimous consent that the order for It was upon this impressive back- fully carrying out its ‘‘advise and con- the quorum call be rescinded. ground that Senator NELSON launched sent’’ responsibility without unduly re- The PRESIDING OFFICER. Without his career in public service when, in straining the ability of the minority to objection, it is so ordered. 1990, as a moderate Democrat, he was assert itself in instances when it found Mr. JOHANNS. Mr. President, I rise elected Governor of Nebraska. As a tes- a nominee truly and substantively ob- today to pay tribute to my colleague tament to his dedicated service and jectionable or unfit to serve. BEN NELSON. In fact, when we visited popularity, he was reelected to a sec- Ultimately an agreement was with each other last night, I said to ond term in 1994 after garnering nearly reached by this bipartisan group, there Senator NELSON that I have spent a three-quarters of the vote. Nebraskans was not a rules change and in the significant part of my career following then sent him to the U.S. Senate in midst of a highly partisan environ- jobs he had done. I was the mayor of 2000. Senator NELSON was reelected in ment, the Senate moved forward in a Lincoln when BEN NELSON was the Gov- 2006 in a landslide. positive way and I believe we did the ernor of Nebraska, I became the Gov- Nebraska and my State of North Da- right thing. Senator Robert Byrd of ernor of Nebraska as he was com- kota share a great deal in common. West Virginia was a critical member of pleting his two terms, and then I joined Both States are populated by residents the Gang of 14. In addition to his many, him in the U.S. Senate. Before all of who value hard work and who possess many, many accomplishments—every- that, I worked with BEN as the Sec- an independent streak that places one knew then and knows now that retary of Agriculture. pragmatism above partisan politics. there is not anyone more well versed in I can say from first-hand experience Senator NELSON is a product of his Ne- the history of the Senate or who was that BEN NELSON always had the best braska roots—he brought those same more protective of it as an institution. interests of our State at heart. He was characteristics to Washington and, as a I will never forget after the agreement enormously hardworking. In fact, I direct result, was able to work across was finalized Senator Byrd said that he don’t hesitate to admit for a second the aisle and within his party to ben- was proud of the work accomplished that when I came to the Governor’s of- efit his State in ways more partisan and that we had ‘‘saved the Senate.’’ fice, I found the State to be in excel- legislators likely never could have Hearing those words from Senator lent shape. He often joked about how done. Byrd was undoubtedly one of the he was tighter than three coats of Rural States such as ours also face proudest moments of my career. Be- paint, and I think that is absolutely unique challenges, particularly those sides Senator Byrd, I have had the op- true. involving the agriculture industry, portunity to serve with so many public He tended to business, balanced the which often go unnoticed by those who servants in this body, and I thank all budget, and made sure that money was live in densely populated areas. I have of them. I would start naming names, set aside in the rainy day fund because worked closely with Senator NELSON but I know I will leave someone out. So we in Nebraska know there are going over the years on farm legislation and I want to thank all present and past to be days where it might rain. He did know firsthand his passion for the in- Members of the Senate that I have a great job as Governor. We worked dustry and his drive to see family worked with for the occasions we have hand in hand on a number of issues farmers succeed. Nebraskans should be had to work together so closely. when I was Governor and he was a U.S. very proud of Senator NELSON’s hard I also share the sentiment that many Senator. When we became colleagues in work on the Agriculture, Appropria- of my colleagues have noted in their the Senate, that working relationship tions, and Armed Services Committees. farewell addresses, and that is the ap- continued. I will greatly miss having Senator preciation for the efforts of staff. Over I am very pleased to rise today and NELSON as a colleague, but I also know the last 12 years I have worked with an say to the people of Nebraska that that his wife Diane as well as his chil- incredibly dedicated and talented col- there was never a time where partisan dren and grandchildren will be excited lection of individuals. We call on our differences ever impacted or interfered to have him back home in Nebraska. staff to do a lot of work, often in a very with our ability to work together. Sen- My wife Lucy and I wish Ben and his stressful environment. I thank every- ator NELSON was always looking for a family many happy years ahead. one in my office back home and at the way to move the State forward and I yield the floor and note the absence office in DC for the work they have move our country forward. of a quorum. done on behalf of the State of Ne- I just wanted to come to the floor The PRESIDING OFFICER. The braska. today and thank my colleague BEN clerk will call the roll.

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\A12DE6.001 S12DEPT1 tjames on DSK6SPTVN1PROD with S7778 CONGRESSIONAL RECORD — SENATE December 12, 2012 The bill clerk proceeded to call the ple to measure and understand. Indeed, Aquarium Research Institute, has to roll. even the small noisy chorus of climate say. Let me quote him: Mr. WHITEHOUSE. Mr. President, I change deniers and corporate polluters The outcome is very clear that we are in ask unanimous consent that the order is noticeably quiet on the issue of uncharted territory in the entire span of for the quorum call be rescinded. ocean acidification because they sim- Earth history. The primary cause of this is The PRESIDING OFFICER. Without ply cannot explain away the facts. simply the rate of CO2 change; we are chang- objection, it is so ordered. National Oceanic and Atmospheric ing Earth far, far faster than any recorded Mr. WHITEHOUSE. Mr. President, I Administration scientists gauge that geologic shift ever. ask unanimous consent to speak as in over the past 200 years, hundreds of bil- Repeat: ‘‘We are changing Earth far, morning business. lions of tons of carbon dioxide have far faster than any recorded geologic The PRESIDING OFFICER. Without been absorbed into the oceans. NASA, shift ever.’’ objection, it is so ordered. which is able to put, for instance, a What does this mean for marine life? f man on the Moon and a Rover on Mars Well, as the pH of sea water drops, so and has reasonably good scientists does the saturation of calcium car- CLIMATE CHANGE working there who can accomplish bonate, which is the compound found Mr. WHITEHOUSE. Mr. President, those achievements, reports that: in the sea water that aquatic animals there are many signs of the funda- The amount of carbon dioxide absorbed by use for the construction of their shells mental, measurable changes we are the upper layer of the oceans is increasing by and of their skeletons. Some sea crea- causing in the Earth’s climate, mainly about 2 billion tons per year. tures absorb calcium carbonate di- through our large-scale emission of NOAA scientists say the oceans are rectly from the water; others ingest it carbon dioxide from fossil fuels. These taking up about 1 million tons of car- as food and then through their bodies are irreversible changes, at least in the bon dioxide per hour. So in more or less it works out to build their shells. At short run, so we should take them very the time my remarks are concluded, lower saturations of calcium car- seriously. the equivalent of more than the weight bonate, calcium carbonate is not as Over the last 250 years, the global an- of the Washington Monument of carbon available to these species, and it be- nual average concentration of carbon will have been dumped into our oceans. comes more difficult for them to make dioxide in the atmosphere has in- All of the extra carbon dioxide humans their shells; species such as oysters, creased from 280 parts per million to have pumped into the oceans has crabs, lobsters, corals, and the plank- 390 parts per million. That is a 30-per- caused the global pH of the upper ocean ton that comprises the very base of the cent increase. We have recent direct water to change—a nearly 30-percent oceanic food web. We have seen this measurements that the carbon dioxide increase in the acidity of the oceans. happen in real life already with the dis- concentration increased by 15 percent As my colleagues can see, the curve aster that befell the Pacific Northwest since 1980 when it was 339. In 1980 it is not only moving upward but is steep- oyster hatcheries when acidic water was 339 and now it is 390. That is just ening. Where is it headed? By the end came in and killed off all the juveniles a dozen years in which the concentra- of this century, it is projected we will that were being grown. tion of CO2 in our atmosphere has in- have a 160-percent rise in ocean acid- Over 1 billion people on this planet creased by more than 50 parts per mil- ity. As we can see, not only are the rely on marine protein as their pri- lion. Fifty parts per million is a big oceans becoming more acidic, but they mary source of protein, and then, of shift if one is not aware of the scales are becoming more acidic at a very course, there are the countless jobs we are talking about here. For 8,000 rapid pace. The rate of change in ocean that depend on fisheries, on tourism, centuries—800,000 years—longer than acidity is already thought to be faster on restaurants, boat building, mainte- homo sapiens have existed on the face than at any time in the past 50 million nance, shipping, and the list goes on. of the Earth, we can measure that the years. The Presiding Officer is from Mary- carbon concentration in the atmos- I talk, when I give this weekly speech land, which is another ocean State. He phere has fluctuated between 170 and from time to time, about the 800,000 is clearly aware of the importance of 300 parts per million. A total range of years our planet has had a carbon diox- that ocean economy. 130 parts per million has been the total ide concentration between 170 and 300 As things get harder for the species range for 8,000 centuries. We are now parts per million and how long a time to survive and thrive, sooner or later it outside of that range up to 390, and we period that is compared to say human- will get harder for the economies they have moved 50 points since 1980, in a kind having the mastery of fire, hu- support. Let me give my colleagues a number of decades. So the con- mankind having engaged in agri- specific example: the tiny pteropod, a sequences are going to be profound, and culture, humankind even existing as type of snail, which is about the size of perhaps no consequence of that carbon homo sapiens. It is longer than all of a very small pea. It is also known as pollution will be as profound as the in- those things. But that is just meas- the sea butterfly because its foot has creasing acidification of the world’s uring in the hundreds of thousands of adapted into two butterfly-like wings oceans. years. We are talking about a rate of which allows it to propel itself around Science, of course, has known since increased carbon concentration and in the ocean. These images show what the Civil War era, and most of us un- ocean acidity climbing faster than at can happen to the pteropod’s shell derstand, that excess carbon dioxide in any time in the past 50 million years. when the creature’s underwater envi- the atmosphere creates a warmer at- What does that mean? Well, a paper ronment is lacking in those compounds mosphere known as the greenhouse ef- published in the journal Science, which and becomes more acidic. That is not fect. There is nothing new about that. is a mainstream, noncrank publication, good for the pteropods. But not all of the carbon dioxide emit- earlier this year concluded that the Another study compared pteropods ted by human activity—by our use of current rate of carbon dioxide emission incubated in sea water with today’s pH fossil fuels—stays in the atmosphere. could drive chemical changes in our to pteropods incubated in water with Carbon dioxide is soluble in water and oceans that are unparalleled in at least the acidity and chemical conditions the oceans cover 70 percent of the the last 300 million years. We are back projected for the year 2100. The study Earth. Where the atmosphere is in con- into geologic time now since we saw found a 28-percent decrease in shell tact with the oceans, a portion of the that kind of an effect. The authors growth. Maintaining their shells carbon dioxide in the atmosphere dis- warn that we may be ‘‘entering an un- against that acidity requires energy— solves into the oceans, reacts with the known territory of marine ecosystem energy that would otherwise go into sea water to form carbonic acid and in- change.’’ Well, when our range of re- other biologic processes such as growth creases the overall acidity of the view is in the hundreds of millions of or reproduction. So increasing ocean oceans. years and the authors are talking acidity is an external stress that There is sometimes quarrel and de- about entering unknown territory, that makes it harder for species such as the bate about complex modeling of cli- is really saying something. pteropod to survive. mate and atmospheric projections, but Here is what Dr. Peter Brewer, the Who cares about the lowly pteropod? evidence of ocean acidification is sim- senior scientist at the Monterey Bay Well, salmon do. Forty-seven percent

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G12DE6.053 S12DEPT1 tjames on DSK6SPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — SENATE S7779 of the diet of some salmon species in happening, that are measurable in our and containment. That is the purpose the Pacific is pteropods. The salmon oceans. of my charts today. That is the purpose fisheries that support coastal jobs and Unfortunately, ignoring it is exactly of my remarks. We must have a economies also care about the salmon. what we are doing by failing to curb thoughtful conversation about where Ocean fishing in the United States carbon pollution. There are high stakes our Federal spending is taking us. It is overall is a multibillion-dollar indus- involved. Our oceans cover 70 percent past time for the President to engage try connected to hundreds of thousands of the planet. We cannot change their on health care entitlements with proof livelihoods, and we should care chemistry without expecting profound posals that affect the long-term growth about our fisheries industry, even if consequences. It is time we realize we of health care costs. I am going to try one doesn’t care about the salmon or are, in fact, part of the very food chain to dissect this issue into 3 divisions the lowly pteropod. being disrupted by the mounting acidi- and point out where the problems are. These unprecedented changes in fication of the ocean. The first division I will do, as shown ocean acidity are not happening alone, The disruption of international fish- in this chart, is the total government unfortunately. ing due to climate change and acidifi- spending with everything except the These changes come along with dra- cation threatens to destabilize local interest on the national debt. By the matically changing ocean temperature, and global economies and compromise way, this chart is from the Congres- which is also driven by the same car- a major basic food source. How much? sional Budget Office. It is not some- bon pollution. Just recently, NOAA How much are we willing to sacrifice thing I put together. It details, as I proposed listing 66 species of coral as for the luxury of letting corporate pol- said, noninterest spending as a percent- endangered or threatened, citing cli- luters foul our planet with unchecked age of the gross domestic product. We can see the percentages of GDP of mate change as the driver of those spe- CO2 emissions? Carbon pollution from cies’ three key threats: disease, warm- fossil fuels is depleting the health of health care, Social Security, and other er seas, and greater ocean acidifica- the oceans as well as affecting the at- noninterest spending. So we can see tion. When you add to those three con- mosphere. Unless we take serious ac- over the period of the next 25 years ditions the preexisting stressors, such tion to reverse course, the con- fairly level noninterest spending. We as nutrient pollution and destructive sequences may be dire. We are sleep- can see that Social Security, even fishing practices, well, 35 percent of the walking through history. I implore my though it has funding problems over world’s reefs are classified as in a crit- colleagues to heed the clear and per- the next 25 years, is going to be fairly ical or threatened stage. sistent warnings that nature is giving constant as well. But when we get to Scientific projections indicate that us: to acknowledge the responsibility health care costs, we can see a very coral reef ecosystems could be elimi- presented to us in this moment and to dramatic rise. I suppose I should have had this on bigger charts so it would be nated in 30 to 50 years. The young respond appropriately before it is too more dramatic than it shows. pages who are on the floor of the Sen- late. So this is the problem I want to ad- ate listening to this speech may very I yield the floor. dress today. The driver of the cost is well live into a time when coral reefs The PRESIDING OFFICER. The Sen- health care. And even though this and the ecosystems surrounding them ator from Iowa. are extinct. The death and decline of chart only goes out 25 years, the board f of trustees focuses 75 years ahead on coral reefs, which are the most diverse Social Security and Medicare. So if ecosystems on the planet, in turn THE FISCAL CLIFF this chart went out 75 years on Medi- wounds hundreds of other species that Mr. GRASSLEY. Mr. President, a care, it would show about a $40 trillion call the reefs home. When a reef eco- week ago I visited with my colleagues about the necessity of taking a closer deficit. system collapses and does not recover, So it is a very dramatic increase look at the problems of Medicare and it quickly becomes dominated by compared to other parts of Federal taking advantage of the opportunity algae, and the rich mix of species de- Government spending. I want you to we have now with the fiscal cliff developed over hundreds of millions of look closely at these longer term pro- bate, to bring attention to it because I years that was once present there then jections as I proceed with some other do not think it was getting enough at- disappears. divisions of this problem and seg- tention. Scientists think the coral reefs off menting the issue of health care, Medi- There is no greater threat to Amer- the coast of Papua, New Guinea offer a care and Medicaid. window into future effects of ocean ica’s growth and prosperity than our It is pretty clear that we must ad- acidification because there are natural uncontrolled national debt. Currently, dress the growth of health care as well emissions of carbon dioxide which bub- the country’s debt exceeds $16 trillion. as entitlements. I do not think my col- ble up from the sea floor through the We face the so-called fiscal cliff that leagues on the other side of the aisle ocean and raise the concentration could send our economy into another can walk away from the issue. We making the sea water more acidic. Re- recession. In these difficult times, we should start by looking at where we searchers have found that many spe- are challenged by the people we rep- are spending the most money in our cies, especially the more complex resent to find real solutions, not short- health care entitlements. framework-building corals, which pro- term bandaids. This next chart that we will put up vide shelter to other organisms, do not As we move forward, it is clear that divides this into three categories: thrive where the pH is lower. we must discuss spending. I emphasize Medicare-only health care costs, Med- These are two photographs taken in that word, ‘‘spending.’’ I know Presi- icaid-only health care costs, and then the same reef. We see how rich and vi- dent Obama is hyperfocused on increas- what we call the duals. The duals are brant this reef looks away from the ing taxes as part of his deficit reduc- people who qualify for both Medicaid carbon dioxide. Here, near the carbon, tion proposal. I think the election and Medicare. where the acidification is higher, it is a shows he is legitimate in doing that, The middle group, as I said dual eli- shadow of the healthy reef. The but he could have declared victory gible, account for just over 10 percent human-driven acidification of the about 3 weeks ago. And in the 3 weeks of the entire Medicare-Medicaid popu- ocean is capable of causing—indeed is since then he could have spent time lation. But we can see by the chart destined to cause if we do nothing—a talking about the expenditure side of that the amount of money that is spent serious imbalance in the ocean’s com- the ledger because if we are going to be on that 10 percent is much greater than plex ecology. The external stress of serious about reducing our debt, we either Medicare only or Medicaid only. carbon pollution will result in a new must talk about spending—not some- When we talk about the need to find equilibrium in ocean ecosystems. time next year, not only after we talk ways to control spending for these dual When we consider what this portends about taxes, we must talk about spend- eligibles, it is for a good reason. They for our food security, for our planet’s ing and talk about it now. are poorer, they are sicker, and more biodiversity and economically for We need to have a thoughtful con- often they are in need of more exten- ocean-based industries, we cannot af- versation that focuses on where Fed- sive, as well as expensive, coordinated ford to ignore these changes that are eral spending most calls for control care.

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G12DE6.055 S12DEPT1 tjames on DSK6SPTVN1PROD with S7780 CONGRESSIONAL RECORD — SENATE December 12, 2012 The inefficiency created in the mis- qualify for Medicaid—and then we tell age of GDP in the next 25 years. I said aligned incentives of Medicare and some people: You should get Medicaid the trustees look ahead 75 years, and it Medicaid is frequently cited as one of solely because you don’t have enough is even a bigger problem 75 years out. the areas in health care in the greatest income. Why is it a good idea to give If we want Medicare and Medicaid to need of improvement, not only for the States control of poor beneficiaries? not only survive—and I do—but also to quality of health care but also maybe a Why should low-income beneficiaries thrive for the next generation, we need better caretaker of the taxpayers’ get one of 50 different models to coordi- to be willing to ask fundamental ques- money. nate their care and people with higher tions and seek solutions that can affect ObamaCare created an office in CMS incomes get Medicare only? Why is the growth curve. I sincerely hope we charged with creating demonstration CMS pushing States to take a greater are able to look for solutions that can projects to allow for greater coordina- role with a complex, expensive popu- make a real difference. tion of dual eligibles. Those dem- lation when they are also being asked I yield the floor, and I suggest the ab- onstration projects have been moving to find the resources to cover poor indi- sence of a quorum. forward at breakneck pace, with nearly viduals in Medicaid and develop ex- The PRESIDING OFFICER. The half of the States looking to partici- changes to cover people in the private clerk will call the roll. pate. Essentially, all demonstrations market? The legislative clerk proceeded to under ObamaCare seek to give States Congress should consider what States call the roll. greater control of the acute care of the should do in health care and what are Mr. CARDIN. Mr. President, I ask dual eligibles—in other words, of this reasonable expectations in those unanimous consent that the order for group here. CMS has the incredibly States. Congress should involve States the quorum call be rescinded. broad legal authority under in this conversation. If Congress wants The PRESIDING OFFICER (Mr. ObamaCare to take these demonstra- States to administer benefits for the MERKLEY). Without objection, it is so tions nationally if they are successful. aged, the blind, the disabled, and low- ordered. No one argues that the way Medicare income individuals, along with man- f and Medicaid coordinate the dual eligi- aging the exchanges for individuals THE FISCAL CLIFF bles works very well. The coordination with incomes over or up to 400 percent today is akin to asking me and some- of poverty, Congress can do so. Mr. CARDIN. Mr. President, I take body else to compose a letter with the If health care is the primary respon- this time to share the views of many other person writing the consonants sibility of States, it is because of deci- people who I have talked to in Mary- and my writing the vowels. Giving the sions made by this Congress. States are land, and I am sure the same has been States greater control over duals may being asked to do so much in health said in Oregon and around the Nation. be a good answer. Some States might care while also overseeing education, People are frustrated by the inability do a good job. public safety, roads, bridges, and meet, of Congress to come together on solv- But when we consider the fiscal chal- in most cases, a balanced budget re- ing the so-called fiscal cliff. We under- lenges faced by the States, this should quirement. stand this needs to be avoided. Going be a decision considered by Congress So I think Congress needs to step off the fiscal cliff could cause major examining all possible alternatives and back and ask where the States are best damage to our economy. in consultation with States rather able to focus on health care. We should If we take no action by January 1, as than something occurring through this ask States. I am sure most people are now aware, regulatory action that we are seeing When we look at the long-term tax rates will revert back to the pre- under ObamaCare and what CMS is spending growth of our health care en- Bush tax rates. The alternative min- doing with those demonstration titlement, we should use this as an op- imum tax that shields tens of millions projects. portunity to reconsider the role of the of Americans from paying extra in- Furthermore, moving more responsi- States in providing health care cov- come taxes will expire and tens of mil- bility to the States may miss a real op- erage. What we ask of the States lions of Americans will be subject to portunity to address an even larger should be thoughtfully considered in extra taxes. The unemployment insur- cost problem. While some dual eligibles any discussion. ance program, the extended benefit are expensive and need extensive long- I know there are people telling us we program, will come to a halt. The pay- term support and services, there are shouldn’t talk about health care enti- roll tax holiday will end, and individ- dual eligibles who, in fact, are rel- tlements now. President Obama hasn’t uals’ take-home pay will be reduced. atively low cost. More importantly, come to the table yet on this issue. We We would have a serious problem on though, is that not all the expensive don’t have a choice. All you have to do Medicare reimbursement to our physi- Medicare beneficiaries are dually eligi- is look at the numbers I have given cians. They would be subjected to a sig- ble. you. Look at the spending. We only nificant cut, close to 30 percent, which Take a look at this chart. In this make the problem worse by putting it would have an impact on seniors and chart we see the most expensive indi- off. our disabled population having access viduals in the Medicare Program. We can save Federal dollars by ex- to physician care, and we would go These are beneficiaries who have tracting more from beneficiaries, pro- through what is known as sequestra- multiple, chronic conditions and func- viders, and States, but that is not tion, which is across-the-board cuts to tional impairments. Fifty-seven per- going to do the same thing we need to almost all Federal programs, ranging cent of them are eligible for Medicare do when we talk about health care from 8 percent to about 10 percent. only, and 43 percent of them are dually changes. It is the very same thing we That would have a major impact on our eligible for Medicare and Medicaid. went through when Obamacare was entire country. We have looked at the We have numerous studies showing being considered by a bipartisan group. numbers in Maryland, and it could that the care for high-cost, Medicare- We need to do things to change the mean as many as 60,000 jobs lost in our only beneficiaries is just as complex, long-term growth curve of Medicare own State of Maryland. We have a and the quality of care calls for as and Medicaid costs generally. That large Federal workforce, with 5.6 per- much attention as that of the dual-eli- needs to be done right now. We need to cent of our workers working for the gibles. talk about solutions to actually lower Federal Government. That type of So, then, legitimately ask the ques- the growth curve and do it sooner than across-the-board cut would have an in- tion of, Why are we splitting these two later. credibly negative impact on the people groups? These are two groups of simi- We are $16 trillion in debt. One of of Maryland and throughout the entire larly situated individuals. They all every $4 we will spend in this next dec- country. have need for improved care. They all ade will be on Medicare and Medicaid. We have to avoid that. The impact on have multiple conditions that are very When you get further down the road our economy is estimated to be about 3 expensive. Why do we tell some people: than 10 years, it is going to grow even percent. We would go from a positive You get Medicare solely because you more dramatically. We will see health growth to a negative growth, throwing have income—income that doesn’t care entitlements double as a percent- us into a recession. I understand the

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G12DE6.057 S12DEPT1 tjames on DSK6SPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — SENATE S7781 frustration of why so close to the end typical taxpayer in Baltimore City throughout the world and that can also of the year we haven’t resolved these earning $20,000 to $30,000 of income, save us some money in the military issues. We should have resolved them. they will save $1,400 in taxes; and, yes, budget. So there are military savings We should come together, work to- for a taxpayer earning $40,000 to $65,000 that can be achieved. gether to get it done. But I want to of taxable income, they will save $2,000. Yes, we can and must achieve savings point out to the people I represent in But guess what. A person with $250,000 on the entitlement side. I was listening Maryland and to the people of this Na- of taxable income will save about to my friend from Iowa talking about tion that we have to get this done $7,000; and if they earn $500,000 in tax- the cost of health care. I agree with right. There is a lot at stake. able income, they will save that same him. Health care costs have gone up We have to make sure our country $7,000. If they earn $1 million of taxable too dramatically in this country. We can grow, that we can create the jobs income, they will get that tax break have to bring down the cost of health we need to be competitive in the fu- also. It affects 100 percent of the tax- care. We started doing that with the ture. We must make sure we deal with payers of this country. Affordable Care Act by investing in this budget crisis in a way that allows What we are saying is we have to prevention—preventing readmissions us to invest in education, in job train- have some revenue in this equation. We to hospitals and dealing with high-cost ing and in rebuilding our highways, our understand that. Those who are the interventions. That will help us bring bridges, and our energy grids. We have most well off, do they truly deserve down the cost of health care. We have to make sure we can compete as a na- larger tax breaks than that? I would to do more in that regard. If we bring tion. That is why so many of us have suggest not. down the cost of health care, we save said we have to have a balanced ap- It is not just the tax rates we sent money in Medicare and Medicaid, and proach to dealing with the fiscal cliff. over to the House of Representatives, we save taxpayer costs, but we also This morning, I listened to Speaker we also corrected the marriage penalty help our economy. What a lot of us are BOEHNER say the ball is in the Presi- so that wouldn’t change on January 1, concerned about is just trying to shift dent’s court. I couldn’t disagree more the child tax credit, and the AMT—the the cost to beneficiaries. That doesn’t with the Speaker of the House. I think alternative minimum tax I mentioned help our economy and that doesn’t help it is important to point out that since earlier. As to the alternative minimum solve the problem. we have been working on trying to deal tax, if we don’t correct that, tens of I take the floor now just to challenge with this deficit issue, we have already millions of Americans will pay extra Speaker BOEHNER and say to him it is agreed to over $1 trillion in spending taxes in the thousands of dollars start- time to act on the bill we sent over cuts—in discretionary domestic spending January 1. months ago. Let us take the next step ing—in some of the most challenging I have heard many debates on the and let us work together and develop a areas that affect our most vulnerable floor of the Senate and in the House framework so our committees can people. We have implemented that, and where no one wants that to happen. work and achieve policy changes that this is since the recommendations of Then pass the bill we sent over from can bring in the additional revenues we the Simpson-Bowles Commission came the Senate. If we do that, taxpayers are going to need and the additional out. We took action and we imposed don’t have to worry about those rates savings we know we can achieve. We caps on discretionary domestic spend- going up and it gives them a little bit can do that working together. ing. of confidence, hopefully, before Christ- I started by saying there are many Our Federal workforce has been mas, which would make the season a people in our communities who are through years, a couple years of pay happier season for all. frustrated we haven’t gotten this done freezes. We have seen programs that This is a balanced approach. As I said by now. I share that frustration. We have been cut back and the support before, we started with spending cuts. should have gotten this done a long they give to people who need help. We We have done that. The next step, time ago. I agree with them. But let’s have already contributed on the spend- Speaker BOEHNER has to deal with the now move this week with the House ing side. Is it enough? No. Do we need revenue side. If the House passes the passing the Senate bill we sent them to do more? Absolutely. But we have Senate bill, it provides about $850 bil- providing predictability for the tax- done that. lion in revenue from not extending ad- payers of this country going into this The next piece that must be done is ditional tax relief for those whose in- holiday season. Let’s reassure them the revenue piece. We can’t have a bal- comes are above $250,000. I mentioned that next year their rates will not be anced approach unless we have the rev- we already did over $1 trillion of discre- increased, particularly in this fragile enues. So many of my colleagues have tionary domestic spending cuts, which economy. Let’s set up a framework talked about this. Historically, our would give us $850 billion of revenue, where we can responsibly work to re- revenues are around 20 percent of our and that is not enough. We are going to duce health care costs—in greater economy. They are now in the 15-per- need more revenue. It is not going to amounts, I agree—reduce some mili- cent range. be easy to find. But by closing loop- tary spending, and do what is right in We have a way to do this. The Senate holes, we can get some additional reve- a real balanced approach to get our has come together on a way to do this. nues. We have all talked about tax re- budget in better balance so our econ- The Senate passed legislation that has form. We can get some additional rev- omy will grow and create the jobs we been in the House of Representatives enue from tax reform. need. where Speaker BOEHNER is the Speaker That brings us to additional savings, It is most important for us to have a of the House. It has been in the House and we agree we can get additional sav- climate where we can create more jobs now for months. What that legislation ings. I have taken to the floor and and the type of jobs we want—invest in does, first, it gives predictability to the talked about the fact that we are education, construction, et cetera. taxpayers of this country. It says the bringing our troops home from Afghan- That is what we need to do. That is first $250,000 of taxable income will be istan. I applaud the efforts of the chair where we need to come together as subject to the current tax rates and to try to get those troops home sooner, Democrats and Republicans to get the will not go back to the pre-Bush tax and I agree with him. But our troops job done. I urge my colleagues, let’s rates. That gives certainty to the tax- are coming home and our baseline work and get this done as soon as pos- payers in this country. budget reflects a much higher Active sible. I have heard people say: That affects troop level than we need. It is called f 98 percent of the taxpayers in this the overseas contingency accounts. We country. You know what. It affects 100 know there are savings there that can EXTENSION OF MORNING percent of the taxpayers of this coun- be achieved and we can use in that bal- BUSINESS try. I wish to stress that. If we pass the anced approach to bring our budget Mr. CARDIN. Mr. President, I ask bill that was sent by the Senate to the under better control. unanimous consent that morning busi- House that continues in January the Just as we have gone through base ness be extended until 4 p.m., with all current tax rates for those with tax- realignment and closures in the United other provisions of the previous order able incomes up to $250,000; yes, for the States, we believe we can do that remaining in effect.

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G12DE6.059 S12DEPT1 tjames on DSK6SPTVN1PROD with S7782 CONGRESSIONAL RECORD — SENATE December 12, 2012 The PRESIDING OFFICER. Without small businesses pay the individual in- proposing to raise taxes on and, what is objection, it is so ordered. come tax rates. worse, they don’t seem to care. Mr. CARDIN. Mr. President, I see my Because the vast majority of small The IRS publishes its Statistics of distinguished colleague from Utah is businesses are flowthrough business en- Income Data on its Web site providing on the floor, so I yield the floor and tities, the income from these busi- the most recent available tax data, look forward to listening to his com- nesses flows through the business di- which is currently tax year 2010. Ac- ments. rectly onto the small business owners’ cording to that official IRS data, when The PRESIDING OFFICER. The Sen- individual tax returns. Therefore, any looking at the entire United States, 21 ator from Utah. increase in individuals’ tax rates percent of owners of S corporations and Mr. HATCH. I thank my good col- means those small businesses get hit partnerships, including limited liabil- league, and I enjoyed listening to his with a tax increase. This tax increase ity companies, make $200,000 or more. comments. lands on those small business owners Since President Obama’s proposed f even if they do not take one penny out rate hikes occur on singles making of their business’s profits and they put $200,000 or more and married couples PROPOSED SMALL BUSINESS TAX it all back in to be able to hire more making $250,000 or more, the vast ma- HIKES people or to get more inventory or jority of this 21 percent would get hit Mr. HATCH. Mr. President, one thing whatever that helps their business with a tax increase. The only portion people admire about firefighters is that along. Even if a small business rein- of this 21 percent of S corporation and when others are running away from a vests all its income to hire more work- partnership owners who would not be burning building, they run toward it. ers, pay the workers they already have, hit with a tax hike are those who are Conversely, while most people pru- or purchase equipment, they will still married and make between $200,000 and dently avoid cliffs, President Obama get hit with this looming tax hike. $250,000. and the congressional Democratic lead- The President and those in his party According to a 2011 Ernst & Young ership are racing to go over the fiscal who support these rate hikes owe it to study entitled ‘‘The Flow-Through cliff ‘‘Thelma and Louise’’ style. the American people to explain why Business Sector and Tax Reform,’’ cit- Absent action by Congress and lead- their proposal will not adversely iming 2007 data from the U.S. Census Bu- ership by the President, at the end of pact small businesses and those who reau, over 44 million workers employed the year almost every Federal income depend on them for their livelihoods by S corporations and partnerships, in- tax payer in America will see an in- because the data suggests the impact cluding limited liability companies— crease in their rates. Some will see a will be severe. There is no question over 60 percent of the 69 million em- rate increase of 9 percent, while others about that. Why can’t we get the real ployees who work for flowthrough busi- will see a rate increase of 87 percent. facts here? nesses—are going to get hurt. So al- Although not often discussed—and First, according to the Congressional most 21 percent of S corporations and although the President likes to avoid Budget Office, 80 percent of the revenue partnership owners will be subject to discussing it—the impact of these rate loss from extending the 2001 and 2003 the tax hikes on the top two rates, and hikes will have a uniquely damaging tax relief provisions is found among over 64 percent of the workers in impact on small businesses and the those making less than $200,000 per flowthrough businesses are found in jobs they provide. Small businesses are year if single and $250,000 if married— these types of businesses. This is before the engine of job creation in our econ- the President’s threshold. we even consider the impact on owners omy, and the rate hikes the President Second, the nonpartisan official of sole proprietorships, which employ insists on will hit them hard, under- scorekeeper for Congress on tax issues, the remaining 36 percent of employees mining economic growth and ham- the Joint Committee on Taxation, tells in the flowthrough sector. pering innovation and job creation. us that 53 percent of all flowthrough When the Federal Government takes Whether we go over the fiscal cliff or business income would be subject to an additional 5 percent of the money whether the President gets his way on the President’s proposed tax hikes. that these small businesses earn, the raising rates, taxes will go up signifi- This is our Joint Committee on Tax- effects are clear. Far from this being— cantly on small businesses. ation, which is a nonpartisan com- as the President suggests—money busi- The President would like us to think mittee: 53 percent of all flowthrough ness owners don’t need, it will, in fact, that raising these taxes is no big deal; business income is subject to tax hikes lead to lost jobs, stagnant or reduced it will just hit people who already have on the top two rates. wages, and a decrease in investment. a lot of money and who can ‘‘afford to Given the agreed-upon importance of The President campaigned on raising give a little more.’’ As President small businesses to our economic re- the top rates, and he seems bent on Obama put it in using his own finances covery, it is a mystery to me why the doing so. But he owes it to the Amer- as an example, absent tax increases, President and his Democratic allies ican families to come clean about the ‘‘I’m able to keep hundreds of thou- would pursue tax increases on these job impact these hikes will have on the sands of dollars in additional income creators. We simply cannot afford to economy and on jobs. He should come that I don’t need . . . ’’ raise taxes on over half of all this clean and admit his desire for redis- With due respect, this is an amaz- small business income. tribution trumps all other consider- ingly naive understanding of tax rates President Obama and congressional ations. and their impact on economic growth. Democrats defend their plan by claim- The debate over the fiscal cliff has It assumes that all the people hit by ing that only 3 percent of small busi- been quite discouraging for me. The these higher tax rates are wealthy nesses would get hit with this tax in- President knows why it is that Repub- wage earners, CEOs, and financiers. It crease, so we should not fear raising licans support full extension of current completely negates the impact on taxes on them. However, they are tax policy, and it is not because we are small business income that will be sub- misreading the Joint Committee on trying to defend the so-called rich. It is ject to these individual rate hikes. Taxation’s letter on this issue. That because we have a genuine and empiri- Here we are at Christmastime and letter only talks about the percentage cally grounded concern about the im- the Democrats want Santa to put coal of taxpayers affected, not the percent- pact of marginal rate hikes on small in the socks of all the small age of businesses affected. businesses, the jobs they create, and businesspeople. Even President Obama For instance, if 10 people own one the men, women, and families who de- acknowledges that two-thirds of the business, President Obama and con- pend on them. I couldn’t care less new jobs in our economy are created by gressional Democrats count that one about the truly rich. small businesses. The vast majority of business as 10 businesses when they Instead of acknowledging that mar- small businesses are organized as what make their statement about a small ginal rate hikes would have an outsized we call flowthrough business entities, percentage of businesses affected. Obvi- impact on small businesses, the Presi- such as partnerships, S corporations, ously, that is not the right way to look dent has decided instead to demagog limited liability companies, and sole at this. The truth is, they don’t know this issue, paint Republicans as out of proprietorships. In other words, these what percentage of businesses they are touch, and put political points ahead of

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G12DE6.060 S12DEPT1 tjames on DSK6SPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — SENATE S7783 jobs. It is well past time for a grownup Moreover, section 122 of the Uruguay Frankly, both of these initiatives are conversation about tax policy. Our Round Agreements Act requires the ad- going to require TPA in order to be door remains open, and we look for- ministration to consult with the Sen- successful. While TPA should have ward to having the President walk ate Committee on Finance before any been renewed long ago, we currently through it. vote is taken by the WTO relating to cannot wait any longer. If these trade f the accession of a new member. While initiatives are going to succeed we can- sending a letter to the committee 1 not continue to keep putting them off. TAJIKISTAN WTO ACCESSION mere week before a vote is taken in the The time for the administration to Mr. HATCH. Mr. President, I would WTO and after the terms of the acces- start meaningful consultation with like to take a few minutes to discuss a sion are already completed might tech- Congress on TPA renewal is now and I matter of great importance in the nically comply with the letter of the would like to see more cooperation. In trade arena. law, it in no way complies with the this Congress we have seen the Korean Last week, the Senate approved leg- spirit of the law. Free Trade Agreement, we have seen islation granting permanent normal Had Congress been notified of the Colombian Free Trade Agreement, trade relations to Russia and Moldova Tajikistan’s pending invitation to join and we have seen the Panamanian Free by a vote of 92 to 4. Such a strong vote the WTO earlier, it might have been Trade Agreement. We have seen the would not have been possible without possible to include provisions granting PNTR with Russia. Those would not bipartisan cooperation from my Senate Tajikistan permanent normal trade re- have happened if we had not been push- colleagues. I would once again like to lations along with the Russia and ing on the Finance Committee to get express my appreciation to all the Re- Moldova bills. But that was not pos- them done. publican members of the Finance Com- sible. Instead, the Obama administra- In my opinion, the administration mittee who worked with me and my tion’s lack of transparency and failure has been slow-walking all of those. staff in good faith to develop a strong to meaningfully consult with Congress Those mean balance of trade positives enforcement package which addresses rendered that impossible. for our companies here in America and many of the concerns we all have with As we continue to try to work with I hate to see us playing around in dele- our bilateral trade relations with Rus- the Obama administration to develop terious ways with these types of agree- sia. policies and advance legislation which ments. I have suggested some other I also want to again express my ap- create economic growth and open new agreements here that need to be en- preciation for the hard work and co- markets for U.S. workers and job cre- tered into. We need to get real on operation of Senator BAUCUS, the ators, the administration must engage international trade. We need to be able chairman of the Finance Committee. in meaningful consultations. Accord- to compete with anybody in this world, The process we undertook in the Fi- ingly, I would expect the way the and we are able to if we are given the nance Committee is emblematic of how Tajikistan accession has been handled chance. the Finance Committee should work. It by the Obama administration will be I yield the floor. is my sincere hope this will be a model an exception and not the norm regard- The PRESIDING OFFICER. The Sen- for future legislation. ing future consultations. ator from Kansas. Unfortunately, things don’t always To help ensure that is the case, I will f work so smoothly. In fact, I was quite soon be sending a letter to the Office of disturbed to receive a letter earlier the U.S. Trade Representative with REDUCING REGULATORY BURDENS this week from Ambassador Kirk, our some detailed questions regarding ACT OF 2011 trade ambassador, informing me that their consultations with Congress and Mr. ROBERTS. Mr. President, I have the Obama administration intends to the private sector trade advisory com- come to the floor to discuss legislation support approval of the proposed terms mittees. It is vitally important that we we could actually pass. I am not talk- for Tajikistan’s accession and the invi- bring more transparency to this proc- ing about the fiscal cliff or sequester or tation for Tajikistan to become a ess, so I sincerely hope we receive a de- anything quite so heavy, but neverthe- member of the WTO at the upcoming tailed and substantive response soon. less very important. It has bipartisan WTO General Council meeting. I also hope we can soon begin to have support, sort of, been passed out of the Let me be clear. I support efforts to a meaningful discussion with the ad- Senate Agriculture Committee, passed help advance the rule of law by bring- ministration about their plans for re- out of the House of Representatives by ing countries such as Tajikistan into newing trade promotion authority. over 300 votes, but it has yet to be the World Trade Organization. What As most of my colleagues know, brought to the Senate floor for debate. disturbs me is that the administration trade promotion authority is an impor- That debate could be over within a half had been negotiating the WTO acces- tant tool which helps us pry open for- hour. sion package for over 1 year and failed eign markets to U.S. exports. Every The majority leader talks about bi- to even mention it to anyone on the President since FDR has sought trade partisan support for legislation and Senate Finance Committee. promotion authority from Congress. hurdles to bring the bipartisan legisla- Even more troubling is the fact that Despite its critical importance, the ad- tion to the floor. Obviously we have the final WTO working party meeting ministration keeps putting off any them. But I want to remind the Senate took place on October 26, 2012, at which meaningful discussion of renewal. In that this bill has already passed the Tajikistan’s proposed protocol of ac- fact, when Ambassador Kirk testified House, as I have said, with broad bipar- cession was completed. Yet no one in before the Finance Committee last tisan support and, again, with over 300 the Senate received any information March, I offered to sit down with him votes. That does not happen often in about the accession until last week. that day to start talking about TPA re- the House of Representatives these Why the Obama administration waited newal. He declined my offer. Instead, days. It passed out of the Senate Agri- 5 additional weeks after completing he simply said he would be happy to sit culture Committee with bipartisan Tajikistan’s WTO accession negotia- down and talk with me and members of support. It did not even have to have a tions before notifying the committee is the Finance Committee about TPA re- hearing. Yet the majority leader has a mystery for me. newal ‘‘at the appropriate time.’’ not allowed this bill to come to the For an administration that touts its Since that time, there has been no floor for a vote. I urge him to do that. commitment to transparency and un- administration dialog with me or with I am talking about H.R. 872. What is precedented consultations with Con- the Finance Committee about TPA, that? That is the Reducing Regulatory gress, their failure to consult with the even though the Obama administration Burdens Act of 2011. How could any- Finance Committee and the Senate on intends to conclude the trans-Pacific body be opposed to that? It has been the terms of Tajikistan’s proposed ac- partnership negotiations by October of pending before the Senate for 17 cession protocol reveals that the ad- next year and is considering launching months. That is long enough. That is ministration’s bold pronouncements negotiations for a free-trade agreement certainly long overdue. This bill was about their excellent consultations are with the European Union as early as placed on the Senate Calendar on June nothing more than empty rhetoric. next month. 21 in 2011. We need to pass this bill. We

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G12DE6.061 S12DEPT1 tjames on DSK6SPTVN1PROD with S7784 CONGRESSIONAL RECORD — SENATE December 12, 2012 need to debate it very quickly and pass Again, estimates suggest this dupli- portunity to resolve this matter in a way this bill. It is a short bill but it is very cative regulation will require 365,000 that will protect the environment while critical to address a court decision that individuals—a requirement that will avoiding undue costs on rural communities endangers the public health and places cost $50 million and require 1 million and municipalities nationwide. Thus, it is our sincere hope that you will allot floor additional paperwork burdens on hours per year to implement—just to time for the Senate to have a full, open de- States that are facing very difficult fill out the paperwork. Bottom line, it bate on this matter. budget times. will not add any environmental protec- While we recognize that many important Let me be clear. This is a pesticide tion. This layer of redtape will place a legislative items vie for limited floor time, safety bill, pesticides that are used to huge financial burden on the shoulders this is a rare opportunity to demonstrate to protect our crops and to protect our of cities, of counties, farm families all the American public that Democrats and Re- public safety. I am not saying, nobody across the country as well as State publicans are capable of working together to is saying, nobody ever will say, pes- governments responsible for enforce- address important issues. Sincerely, ticides should never be regulated. I just ment while at the same time facing Mike Crapo, Kay Hagan, Richard Burr, do not think it needs to be done twice. dire budget situations. Marco Rubio, David Vitter, James H.R. 872 does not alter pesticide regula- Beyond agency enforcement, they Risch, John Boozman, Mike Johanns, tion. Pesticide applications are subject will also now be exposed to the threat Roy Blunt, Rob Portman, Richard to the terms that are printed on a of litigation under the clean water Lugar, Mary Landrieu, Kent Conrad, product label as approved by the Envi- law’s citizen suit provisions. I think Tom Carper, Chris Coons, Ben Nelson, ronmental Protection Agency. It is you have the real key as to where this Max Baucus, Claire McCaskill, Tim against the law to apply pesticides in a bill was headed. Some of you might say Johnson, Amy Klobuchar, John Hoeven, John Thune, Orrin Hatch, manner that does not comply with the there are special exemptions for public Lamar Alexander, Joe Manchin. EPA’s approval. health emergencies, but environmental The PRESIDING OFFICER. The Sen- Last December, 25 of our colleagues groups are challenging emergency ac- ator from Iowa. wrote to our majority leader and our tions taken this summer to address the Republican leader requesting an open mosquito-borne illnesses such as east- f debate on H.R. 872, a bipartisan bill. I ern equine encephalitis—not something THE FISCAL CLIFF ask unanimous consent to have a copy to take an action against if you are Mr. HARKIN. Mr. President, I come of the letter printed in the RECORD. faced with one of these kinds of to the floor today to give some perspec- The PRESIDING OFFICER. Without threats. Yet we have not been able to tive on the debate going on in Wash- objection, it is so ordered. move H.R. 872, to come up for a vote ington about the so-called fiscal cliff. (See exhibit 1.) despite clear bipartisan support. The so-called fiscal cliff is a misnomer, Mr. ROBERTS. Despite bipartisan re- It seems to me Congress must act to but what it reflects is the concern that quests for consideration, the bill failed end this regulatory duplication and unless we act our economy is going to to be considered before regulatory re- clarify that they do not need this addi- be hit by significant austerity in 2013. quirements went into effect last year. tional burden when they are trying to Not at 12:01 on January 1, but over the We are already seeing costs to States, prioritize staffing and resources. course of the year. So it is not a cliff, to communities, and to businesses that I ask my colleagues to join me in it is more like if we do not do some- total up millions of dollars. Regula- supporting this bill to protect human thing we are going to start on a slope. tions now in effect are duplicative—a health and put an end to this very cost- But we are not falling off any cliff at Senate word, a 35-cent word. That ly regulation. With regard to the bill 12:01 on January 1. means we do not need it. We already again, it is 872, passed the House by Fortunately there is an easy way to have a bill in place. We already have over 300 votes, bipartisan support in address one of the major parts of this regulation in place. This regulation re- the Agriculture Committee, didn’t even puzzle. The Senate earlier this year quires businesses to undertake what have to have a hearing. Let’s move this passed a tax relief bill for the middle amounts to a paperwork exercise. bill. It is something we can do. It class. It would extend for 1 full year all These requirements can slow responses makes sense. to real public health crises such as of the Bush-era tax cuts on middle- EXHIBIT 1 West Nile virus. class families. That is sitting in front The Centers for Disease Control and U.S. SENATE, of the House of Representatives. Presi- Washington, DC, December 8, 2011. Prevention report over 5,000 cases of dent Obama has said, If they pick it up Hon. HARRY REID, West Nile virus this year and sadly Senate Majority Leader, The Capitol, Wash- and pass it tomorrow I will put my pen over 230 deaths. That is not right. Pes- ington, DC. to it immediately. That is one thing ticide applications are currently and Hon. MITCH MCCONNELL, that could be done right now. But the should continue to be regulated under Senate Minority Leader, The Capitol, Wash- House Republicans will not take it up. FIFRA, the Federal Insecticide, Fun- ington, DC. I say if they were to take it up today, gicide and Rodenticide Act. This bill DEAR SENATORS REID AND MCCONNELL: We pass it, the President signs it, I think does what all of our constituents are request your leadership in helping to resolve you are going to see a lot of middle- the following issue at the earliest possible class families maybe even do a little telling us to do and that is to protect opportunity. human health and eliminate duplica- As you are aware, the Environmental Pro- bit more Christmas shopping because tive, unnecessary regulatory actions. tection Agency (EPA) recently finalized its they know their taxes are not going up The additional paperwork and per- Pesticide General Permit (PGP) under the next year and that will help spur our mitting processes that States and pes- Clean Water Act (CWA), pursuant to a ruling economy. ticide applicators must undertake pro- by the Court of Appeals for the 6th Circuit in Again, I point out some of my friends vide no additional environmental pro- National Cotton Council v. EPA. Under this on the other side of the aisle, here and tection, zip, zero. It is just additional new permitting system, certain pesticide ap- in the House, have been talking about environmental review. The EPA esti- plicators will be required to meet PGP or doing that very thing. So there are other permitting requirements in addition to mates that approximately 365,000 pes- regulation under the Federal Insecticide, some Republicans who recognize that ticide applicators will need permits to Fungicide and Rodenticide Act. this would be one of the best things we cover about 5.6 million applications per On March 31, the House of Representatives can do, and that is pass the middle- year. Public health officials, farmers, passed H.R. 872, the Reducing Regulatory class tax cut that we passed here in other pesticide applicators under this Burdens Act of 2011, which would address Na- July. regulatory impact would not be facing tional Cotton Council v. EPA. This legisla- Nonetheless, I keep hearing what we these requirements if the administration then passed the Senate Committee on really need to do to address the so- tion had chosen to vigorously defend Agriculture, Nutrition and Forestry on June called fiscal cliff is to enact significant 21 by voice vote. its longstanding policy that the protec- We are aware that efforts had been made to entitlement reform. What does that tions under the Federal pesticide law come to a bipartisan resolution before these mean, entitlement reform? Let’s be up- were sufficient to protect the environ- new permitting requirements went into ef- front with the American people. When ment. fect. However, we believe there is still an op- you hear our friends the Republicans

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G12DE6.063 S12DEPT1 tjames on DSK6SPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — SENATE S7785 and others talk about entitlement re- living adjustments. It is nothing more in this country. That is why those of us form, they are talking about three than a benefit cut by using a measure- who are committed to honestly things: cutting Social Security, cut- ment of inflation that reflects the strengthening Social Security will re- ting Medicare, and cutting Medicaid. costs faced by seniors even more poorly sist any effort to cut Social Security That is it. That is what they are talk- than the current measurement. In and are saying, no, don’t make it any ing about. terms of take-home benefits for an in- part of a grand bargain. It should have For example, let’s take a look at So- dividual beneficiary, the chained CPI no part of it whatsoever. There are ap- cial Security. It has become an article will result in a benefit cut of $136 per proaches that can strengthen Social of faith, almost, among a lot of people year for a 65-year-old. However, be- Security. To do so, I introduced legisla- around this city that one of the ways cause of the compounding, the benefit tion earlier this year that would pro- to reduce the national debt is to ‘‘re- cut would increase to an average of vide seniors with greater economic se- form Social Security.’’ $560 per year less for a 75-year-old re- curity. That is really fishy because Social tiree. That is a severe benefit cut, par- My proposal does it three ways. Security can pay full benefits, 100 per- ticularly for the oldest Americans who First, we actually raise the amount of cent, until 2033, and by law it is not al- are the most likely to have gone Social Security that people get by $65 a lowed to add to the deficit or debt. So, through all their own retirement sav- month. Some might ask how can that therefore, it is not driving our long- ings and must rely totally on Social save money. I thought we were sup- term debt. Security. Furthermore, the chained posed to cut benefits not increase What is really going on here? I think CPI is simply not a more accurate way them. I say there is a way. We can in- one of the ways to figure it out is a to measure inflation. Rather, it more crease it by $65 a month. Others might close look at the proposals under con- accurately measures the degree to say that to an upper income person, $65 sideration. If you look closely you will which people are reducing their costs is not much. To some who have paid in find almost all of these serious pro- and as a result it can mask big changes the minimum amount to Social Secu- posals to save Social Security purport in the quality of life for Americans. rity, they have had minimum-wage- to do so by cutting it. I have talked to people in town meet- type jobs most of their lives, so $65 a For instance, one proposal is to raise ings about chained CPI. If an elderly month over 1 year can be quite a bit. the retirement age so that hard-work- person is on Social Security and due to Secondly, my proposal ensures that ing Americans, including nurses, cash- heating costs or perhaps some medical COLAs better reflect the cost of living iers, carpenters, mechanics, truck- bills that person’s budget is pretty for seniors than what we presently do drivers, have to work even longer be- tight, instead of buying beef for dinner, right now, and we certainly don’t do fore they can retire with full benefits. he decides to buy chicken. This de- chain CPI. I remind people we already raised the creases his costs a little bit. Chained Finally, how do we do this? By apply- retirement age. We did that in the CPI would look at that and say that ing the payroll tax to every dollar of 1980s, from 65 to 67. That is being since his costs have gone down, we eligible earnings by removing the so- phased in right now. The Bowles-Simp- should reduce his COLA. Now that his called wage cap. We don’t do it over 1 son Commission, what did they want to COLA is reduced, he is sort of locked in year; we phase it in over 10 years. For do? They wanted to raise it to 69. I re- there. Now his budget is a little tighter the life of me, I have never been able to mind people that life expectancy at age so he decides to go to beans. In this understand why it is equitable for 65—that is the amount of time you are scenario, he has gone from beef to someone who is making $50,000 a year going to live after you reach 65—has chicken and is now eating beans. The to pay their payroll taxes on every $1 not grown equally among all Ameri- chained CPI said his costs went down they earn, but for someone who is mak- cans. Not surprisingly, higher income further so we will reduce his COLA ing $500,000 a year, they only pay pay- Americans have seen much larger gains even more. Pretty soon he is reduced to roll taxes on the first 20 cents of every in life expectancy after 65 than low- drinking warm water for soup and the $1 they earn. The rest of the 80 cents and moderate-income families. So you COLA keeps going down even more. they pay no payroll taxes on. raise the retirement age for Social Se- That is what the chained CPI does to We talked about this for a long time curity, you help those who have money an elderly person. and we have never done it. It is time to and you hurt those who do not. That is Don’t be fooled by a fancy CPI. remove the wage cap which will allow exactly what it is. You hurt low- and Chained CPI is akin to being on a boat us to pay $65 more per month per per- moderate-income Americans who work and you have to swim to shore and son. According to the actuaries of So- at some of the most physically de- someone puts a big log chain around cial Security, the 100-percent benefit manding jobs in our economy. It hits your ankle and tells you to swim. It is that would expire in 2033 goes to 75 per- them the hardest. So we can dismiss going to drag you to the bottom. cent and would be extended beyond that. Chained CPI chains you and drags you 2050. Just by doing that, we will extend I was looking at the list of people down. the life past 2050, pay $65 more a month proposing that we raise the retirement There are long-term challenges con- per person, and make it fair for every- age—Bowles-Simpson; the Third Way; fronting the Social Security system, one by ensuring that everyone pays Lloyd Blankfein—CEO of Goldman and we know that. The baby boomers into the trust fund on every $1 they Sachs, how about that—Senator are retiring and we have fewer workers earn. These are the kind of changes we COBURN, the American Enterprise Insti- contributing to the system. Fortu- should consider as part of any effort to tute, Cato Institute, Republican Study nately, we knew this has been coming reform Social Security. Regrettably, I Committee. Oh, yes, the Ryan budget, for decades, and that is why we have don’t hear from those who want to put by the way. We know what the voters the trust fund in the first place. The Social Security on the table as part of of America thought about that Ryan trust fund pays 100 percent of the bene- a debt reduction package calling for budget. fits until 2033. What happens in 2033? A these type of reforms. They want to Anyway, there is a whole list of peo- lot of people say Social Security is just cut benefits, that is all. ple there who are saying we have to going to go belly-up. No, it doesn’t. Un- As we work to resolve the fiscal cliff raise the retirement age. Let’s see less changes are made, the Social Secu- on our long-term deficits, our core what kinds of jobs they have, what rity trust fund will pay out 75 percent principle should be that we need a reso- kind of work they do during their life- of anticipated benefits in 2033. What lution that is good for the middle class, time. happens if we reduce unemployment? and that starts with strengthening and Another proposal we have heard What if we reduce unemployment from protecting programs such as Social Se- about to kind of ‘‘fix’’ Social Security its present 7.7 percent down to 4 per- curity. It also means we should take is to base future cost-of-living adjust- cent? Guess what. That 2033 now goes this opportunity to continue to support ments, the COLAs, on the so-called up because there are more working hard-working families and create jobs, chained CPI. That is a phrase you are people paying into the system. particularly through programs such as hearing more and more of. What it does So one of the best ways to fix Social infrastructure investment. We should is basically it reduces annual cost-of- Security is to get jobs back for people also continue to provide help, such as

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G12DE6.064 S12DEPT1 tjames on DSK6SPTVN1PROD with S7786 CONGRESSIONAL RECORD — SENATE December 12, 2012 the middle-class tax cut, to working target working Americans of modest UNANIMOUS CONSENT Americans by giving them more money means who tend to spend more of what AGREEMENT—H.R. 4310 to put in their pocket to spend and they get back. Mr. REID. Madam President, I ask drive the economy forward. I will clarify what I mean by that. unanimous consent that when the Sen- However, we must not continue the Under the Social Security payroll tax ate receives the papers with respect to payroll tax cut of the last 2 years be- cut—the 2-percent cut—the maximum H.R. 4310, the Senate’s passage of H.R. cause of the threat it poses to the in- amount of money someone would get 4310, as amended, be vitiated; that tegrity of Social Security. Two years would be at the highest level they paid adoption of the Senate amendment be ago, to help middle-class families into Social Security, which is approxi- vitiated; that the amendment, the text through tough times, we reduced the mately $110,000 on a payroll of $110,000. of S. 3254, as amended by the Senate, be amount they paid into Social Security So that person would get $2,200 back. modified with the changes that are at by 2 percent, from 6.2 percent to 4.2 That is for someone making at least the desk; that no other amendments be percent. In order to make up for that, $110,000 a year. If someone is making in order, and the Senate proceed to we put money from the general fund $20,000 a year, they would only get $400 vote in relation to the amendment, as into the Social Security trust fund. It back. So the higher your income, the modified; that if the substitute amend- is the first time we have ever done more they get back; the lower the in- ment, as modified, is agreed to, H.R. that. I said it was wrong, and I still say come, the less they get back. It is just 4310, as amended, be read a third time it is wrong. We then extended it for 1 topsy-turvy. It should be the other way and passed; finally, that the previous year until the end of this year. I around. There should be more benefits request with respect to the Senate’s re- thought that would be the end of it. to lower income and less benefits to quest for conference, including the ap- Now I am hearing voices say we ought higher income. pointment of conferees, be agreed to; to extend this payroll tax cut. with all of the above occurring with no Two of the critical strengths of So- With this tax credit, that is what we intervening action or debate. cial Security are that it is universal do. More would go to people who are The PRESIDING OFFICER. Without and it is self-funded. No dollar paid in making $40,000, $50,000 $60,000, $70,000, objection, it is so ordered. benefits comes from any source other $80,000 a year than to those higher in- than the payroll tax. As such, Social come people. That is why the Making f Work Pay tax credit is much better Security does not add one dime to our EXTENSION OF MORNING than extending the Social Security deficit. Again, that fact alone is a BUSINESS payroll tax. strong argument for those of us defend- Mr. REID. Madam President, I ask ing Social Security from misguided at- We are at a turning point in our economy. We can either move forward unanimous consent that we be in a pe- tempts to cut the system in the name riod of morning business until 5 p.m. of deficit reduction. with an agenda that will strengthen the middle class or be dragged back- today. I have often argued that Social Secu- The PRESIDING OFFICER. Without rity doesn’t add one dime to the def- ward by misguided policies that con- sign us to additional decades of un- objection, it is so ordered. icit. It never has. However, if we are Mr. REID. Madam President, of equal growth and stagnant wages for taking money out of the general fund, course, Senators should be allowed to working families. which we know is borrowed money, and speak for up to 10 minutes each. we are putting that into the trust fund, I stand ready to work with my Sen- The PRESIDING OFFICER. Without then the trust fund is now taking ate colleagues to reduce the deficit and objection, it is so ordered. money that is borrowed. No longer can debt but not at the expense of hard- Mr. REID. I extend my appreciation we say every dime paid out of that is working, middle-class families who to my friend, the Senator from Oregon. make this country the great country it from the payroll tax since it is coming f from the general fund. I think we made is. a mistake 1 year ago by extending it. With that, I yield the floor. THE FARM BILL Now it is the time to end it. It must The PRESIDING OFFICER. The Sen- Mr. MERKLEY. Madam President, I not be extended. I, for one, will do ator from Tennessee. rise today to address a critical issue for whatever I can as a Senator to stop the Mr. CORKER. Mr. President, I ask to Oregon’s farmers and ranchers. extension of the payroll tax cut in speak as in morning business. If we turn the clock back from the order to help solve the deficit and in most recent national disaster; that is, The PRESIDING OFFICER. Without order to help middle-class families. this terrible Hurricane Sandy that im- objection, it is so ordered. How can we help middle-class fami- pacted New York and New Jersey and lies? It is very easy. First of all, pass (The remarks of Mr. CORKER per- other areas, last summer we had an- the tax cut extension that we have sit- taining to the introduction of S. 3673 other significant disaster, the worst ting before the House. Secondly, rather are printed in today’s RECORD under wildfires to hit the State of Oregon than cutting payroll taxes by 2 per- ‘‘Statements on Introduced Bills and since the 1800s and the worst wildfires cent, we should put in place a modified Joint Resolutions.’’) in over a century. These wildfires dev- version of the Making Work Pay tax Mr. CORKER. So I thank the chair. I astated land and livestock. Yet our credit that we did under the American yield the floor, and I note the absence communities have been left stranded, Recovery Reinvestment Act. That of a quorum. without the protections they normally credit provided working Americans The PRESIDING OFFICER (Ms. KLO- have, because of the inaction of the with $400 per person, $800 per couple in BUCHAR). The clerk will call the roll. House and the Senate. 2009 and in 2010. We can adjust that The bill clerk proceeded to call the The Long Draw Fire in Malheur credit and double it to $1,600 per couple roll. County burned 557,000 acres. Let’s to replace the payroll tax cut. So as we Mr. MERKLEY. Madam President, I translate that. That is 900 square miles put the 2 percent back to where every- ask unanimous consent that the order of land. The Miller Homestead Fire one pays back in at 6.2 percent, what for the quorum call be rescinded. burned 160,000 acres or 250 square miles. we do on the other side is provide for a We have had many folks coming to The PRESIDING OFFICER. Without Making Work Pay tax credit that goes the floor to discuss the terrible con- objection, it is so ordered. to people who are working. Obviously, sequences of natural disasters. It was no one gets the 2-percent payroll tax The Senator from Oregon will sus- not long ago that I was on this floor, cut if they are not working. The Mak- pend. before Hurricane Sandy, calling for uring Work Pay tax credit would also go The majority leader is recognized. gent, immediate action. But the chal- to those who are working and make it Mr. REID. Madam President, I ask lenge is that these emergency pro- a similar amount of money as they had my friend to yield for a unanimous grams designed to respond to the on the Social Security payroll tax consent request and then he can have ranchers and farmers who have lost so fund. This would have a greater bang the floor as soon as I am finished. much land, so much forage in Oregon, for the buck because it would better Mr. MERKLEY. Absolutely. those measures are in the farm bill.

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G12DE6.067 S12DEPT1 tjames on DSK6SPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — SENATE S7787 Never before has the farm bill been men in the Senate who are retiring on equality. Our initiatives to end dis- unfinished, unaddressed, while Con- both sides of the aisle. Earlier today I crimination against women in health gress took their month-long break in spoke about my deep affection and care and in the workplace were some of August. Yet there it is. We came back sorry-to-see-go friends OLYMPIA SNOWE our proudest achievements in working and here we are and we still have no and KAY BAILEY HUTCHISON, but I want together. action from the House. We can’t have a to rise as the dean of the women in the JON KYL conference committee because the Senate to say some very special words I also wish to comment about JON House hasn’t acted. We can’t address about very special men on both sides of KYL. I have worked across the aisle the changes in the House bill because the aisle. Because when I came to the from JON KYL and I have been seated the House hasn’t acted. And who is Senate, it was only Nancy Kassebaum across the table from him at every- paying the price? Farmers and ranch- and myself, and yet we worked on so thing from Bible study groups to the ers, devastated by the worst wildfires many issues together. There are really Senate Intelligence Committee. We in over 100 years. wonderful men here who supported me, studied the words of the Bible together Now, let me be clear. I would prefer supported our issues, but really stood to make ourselves better, and we that we pass the farm bill. But we have up for those States and their commu- worked in our committees to make the not. And we cannot control what the nities. world better. other Chamber is doing. If we do not DANNY AKAKA We lived through September 11 and get these key disaster relief programs, the terrible attacks that occurred in ranchers and farmers who have lost I want to say goodbye, aloha, to my our country and the anthrax attacks in livestock or grazing land in these very good friend DANNY AKAKA, a won- wildfires will be left with few options. derful man with whom I have served in our offices. With his steady leadership, That is wrong. A rancher in southeast both the House and the Senate. He has his resourceful mind, his can-do know- Oregon who has already been dev- been a real advocate not only for the how, we worked together to get the job astated by the wildfire should not pay people of Hawaii but, wow, the way he done. I was delighted to be able to the price because the U.S. House of stood up for the Federal workforce, the work with him in a way that called Representatives will not bring the farm civil servants who do such a great job, forth our highest and better selves to bill to the floor. There are farmers all the outstanding job he has done on the look out for our country. I wish him across the country who have been hit Veterans’ Committee. the best in his journey. hard by drought. They, too, are held Lives are better off, particularly for KENT CONRAD hostage. They need disaster assistance. our veterans. I want to say a wonderful I wish to comment too about KENT Well, very soon we are going to be goodbye and give a hug to him because CONRAD. Wow, what a numbers guy. talking about a very substantial dis- he demonstrates that you do not have Those charts—I loved those charts. But aster bill, and it is appropriate that we to be loud to be powerful. we have many other things in common will be doing so. I will be supporting it DICK LUGAR besides a love of charts. We love base- because the devastation that has been I also wish to pay tribute to someone ball. We love the Baltimore Orioles wrought in States such as New Jersey on the other side of the aisle, my very and, I might add, an occasional polka and New York is exceptional, and we as good friend and someone I admire treat Blob’s Beer Garden in Maryland. a nation need to hold hands with the mendously, Senator DICK LUGAR from Now you know KENT. He looks like citizens of these States. We need to Indiana. Who does not admire Senator Clark Kent. And he is a Superman help them restore their lives and re- LUGAR, a gentleman, a scholar, I might when it comes to the budget. But, wow, build. But we need to hold hands in even add a Rhodes Scholar, a definite when they played ‘‘Roll Out the Bar- partnership with the ranchers and advocate for Indiana, an incredible rel,’’ he was quite a hoofer. farmers in Oregon who have been dev- thought leader on foreign policy. Most of all, what I admired about astated by these wildfires as well. I am so proud of him and the work he him is the way he breathed life into the So if the House has not acted on the did and the way he reached across the numbers. He not only wanted a more farm bill when we come to this floor to aisle to work with our colleague Sen- frugal government, but he was also address relief for those impacted by ator Sam Nunn on their famous Nunn- passionate and compassionate about Hurricane Sandy, then I am going to Lugar Cooperative Threat Reduction how we could use the power of the ask all my colleagues to work with me purse to improve the world and at the in the same partnership in which we Program. They truly worked together same time maintain sensible spending supported folks in the South after to begin to end the threat of weapons standards. Katrina, the same partnership we will of mass destruction in the former So- I am going to look forward to seeing have in supporting the folks in the viet Union and made the world a better him with or without his charts and Northeast due to the consequences of and safer place. maybe in a dugout. Hurricane Sandy, to support the ranch- We want to wish Senator LUGAR a ers and farmers of Oregon who have fond farewell and let him know he will BEN NELSON been so devastated by these worst ever be deeply missed. I certainly will miss I wish also to say goodbye to BEN fires. him. I valued his thought, his counsel, NELSON of Nebraska, a brother appro- I yield the floor. his observations, particularly in the priator. We salute him for his work for Madam President, I suggest the ab- area of foreign policy. He taught me a the people of Nebraska and the Nation. sence of a quorum. little bit about foreign policy too. Using those committee assignments on The PRESIDING OFFICER. The JEFF BINGAMAN Appropriations, Agriculture, and clerk will call the roll. I also want to say a goodbye to our Armed Services, he looked out for rural The bill clerk proceeded to call the friend JEFF BINGAMAN of New Mexico, communities and he stood up for men roll. someone who has also brought intellec- and women in the military. I knew he Mr. ISAKSON. Madam President, I tual rigor, a lawyer’s insistence on took it as a personal responsibility, the ask unanimous consent that the order thoroughness, and a real commitment issues around personnel for our mili- for the quorum call be rescinded. tary, that they had the right pay, the The PRESIDING OFFICER. Without to people. It has been an honor and a pleasure to work with him on the right equipment, and we protected objection, it is so ordered. their benefits. Mr. ISAKSON. I defer to the lovely HELP Committee, especially on the Af- lady from Maryland. fordable Care Act. I was proud to sup- HERB KOHL The PRESIDING OFFICER. The Sen- port all that he did, particularly in de- A comment about HERB KOHL, an- ator from Maryland is recognized. veloping and focusing on the health other brother appropriator, the very essence of civility. He brought a busi- f workforce for the future. I knew I could count on JEFF in the nessman’s savvy with a deep compas- TRIBUTES TO DEPARTING committee and on the floor as one of sion and commitment to the people of SENATORS those men whom I refer to as a Wisconsin. Now we all know the Kohl Ms. MIKULSKI. Madam President, I Gallahad, where men of quality always family. They own basketball teams, rise to comment about some wonderful supported us women as we sought they own department stores. I tell you,

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G12DE6.070 S12DEPT1 tjames on DSK6SPTVN1PROD with S7788 CONGRESSIONAL RECORD — SENATE December 12, 2012 that HERB, he understood retail, Working with JOE—whether it was to overwhelmingly to get on the bill. We whether it was in politics fighting for help create national service, move na- soon found out, however, that no good the people and their day-to-day needs tional legislation, or to say that in our deed goes unpunished. Less than a or the national policy of looking out schools we should come to understand minute after agreeing to adopt a mo- for working families as they build their the need to teach respect, responsi- tion to proceed to the bill, the Demo- lives. He stood up for Wisconsin cheese, bility, fairness, caring, and citizen- cratic majority filled the amendment the Green Bay Packers, his basketball ship—wow, these were values that tree to prevent any Senator, Repub- team. But most of all, he stood up for should be not only in our schools but lican or Democrat, from offering any the people. With HERB, what a sense of throughout our country. amendments. honor. His handshake was always good. JOE has been so faithful to his reli- Republicans have significant, on- You could count on him. It was a bind- gious beliefs. He has also been faithful point amendments we would like to ing contract. to the Constitution he was sworn to up- offer. For example, Senator CORKER has SCOTT BROWN hold and to the people of Connecticut. an amendment that requires the FDIC I wish also to say a word about Sen- I want him to know we so appreciate to charge the full premium necessary ator SCOTT BROWN. Many of you know his service to Connecticut and to the to cover the cost of this insurance. that I was a social worker and a child country. Senator VITTER has a similar amend- abuse worker. I want to say personally, I wanted to be sure that the day ment. Senator CORKER also has an I so admire Senator BROWN’s candor would not end without me acknowl- amendment that would make partici- and being forthcoming when he shared edging these wonderful people who pation in the TAG Program voluntary with the world his own child abuse ex- have given a big part of their lives to so banks don’t have to pay premiums perience in his book, ‘‘Against All making this country a better place. I for insurance they don’t use. Senator Odds.’’ He not only experienced the ter- want to, in the most heartfelt way—I WICKER has an amendment that would rible thing that happened to him, but am so sorry we did not have a bipar- limit the term and exposure of the ex- he went on to talk about how he han- tisan dinner or party to be able to extension of the TAG Program. dled this terrible tragedy. I must say, I press this. I would have liked to have Other Members on both sides of the compliment him. It was a model, that been in the same room, breaking bread aisle have additional amendments that as a young boy this terrible event with them, in order to be able to tell are relevant to this bill. No Senators, would not hold him back. I am sure his them how much we appreciate them, however, Republican or Democrat, will powerful words helped many others across party lines, across those lines get to offer any of these amendments come into the light. As a former child that ordinarily divide us. They came because of the autocratic manner in abuse social worker, I want to thank from different parts of the country, which the Democratic majority is han- him publicly for what he has done not they arrived in the Senate with dif- dling this legislation, which is, by the only in this institution but to help ferent objectives, they will leave under way, the same way they have handled other boys—and even girls—who also different circumstances. But I want to the previous bills nearly 70 times. faced a terrible tragedy and refused to again let them know that each and Within 2 minutes, after blocking out be a victim but went on to do well. I every one of them had a positive im- all amendments, the Democratic lead- wish him well. pact on me and I think a wonderful im- ership filed cloture on the bill so our JIM WEBB pact on the future of this country. So I friends could end debate on this legis- Senator JIM WEBB, the Senate’s own wish them well. God bless and God- lation before it even began. This proce- marine and former Secretary of the speed. dural hard ball, like blocking out all Navy, I have known him for more than I yield the floor and suggest the ab- amendments by filling the amendment 20 years, since he was Secretary of the sence of a quorum. tree, is all too common. Navy under Ronald Reagan. Well, in The PRESIDING OFFICER. The This is the 107th time the Democratic the beginning we fought on many clerk will call the roll. majority has moved to cut off debate issues, particularly gender equality. The legislative clerk proceeded to on a matter, be it a bill, an amend- When Senator WEBB was the new Sec- call the roll. ment, or a conference report, on the retary of the Navy and I was a new Mr. MCCONNELL. I ask unanimous very same day—the very same day the Senator, we had a different view on consent that the order for the quorum Senate began considering the matter. where women should be in the mili- call be rescinded. And to boot, this is a bill that never tary, and we duked it out. But you The PRESIDING OFFICER. Without went through committee. Like so know what. Over the years we came to objection, it is so ordered. many other bills the Senate has consid- know each other, respect each other, f ered under the Democratic majority, it and appreciate each other’s views. I so was written behind closed doors. This appreciate the fact that he is an un- FILIBUSTER REFORM has happened nearly 70 times as well. abashed, unrelenting fierce fighter for Mr. MCCONNELL. Madam President, In short, what happened on this bill our men and women in uniform, fight- over the past few weeks, we have been is a prime example of the Democratic ing for them when they are on the discussing a plan by the Democratic leadership’s hat trick: bypass the com- front lines and when they return to the leadership to break the rules of the mittee process to write a bill behind homefront. Senate in order to change the rules of closed doors; prevent anyone, Repub- I am so proud of the fact that I could the Senate; in other words, the nuclear lican or Democrat, from representing vote for the 21st century GI bill for option. This plan would break their their constituents by offering an those serving in the military, to make very clear commitment, which was amendment; and then move to end de- sure that when they are on the front given at the end of 2006 when they were bate on the bill—again, this is a bill line, they get the education here so still serving in the minority, to respect that never went through committee they will not be on the unemployment the rights of the minority. It would and that no one was allowed to line. His bill was the most significant break their promise to follow the Gold- amend—on the very same day the Sen- legislation for veterans since World en Rule, and it would break their ate takes up the bill. The Democratic War II. So I say to Senator WEBB, sem- pledge to never, ever use the nuclear leadership, no doubt, likes running the per fi, and God bless you. option to break the Senate rules. Senate this way because it gives them JOE LIEBERMAN They have governed in a much dif- nearly total control—nearly total con- Then to my good friend, JOE LIEBER- ferent way. Their actions yesterday on trol—or, as they prefer to describe it, MAN—my friend JOE, a true Inde- the pending bill related to the Trans- this approach is ‘‘efficient.’’ Efficient. pendent. We have worked together on action Account Guarantee Program il- Now that they are no longer in the mi- issues related to the Middle East and lustrate well the heavyhanded ‘‘my nority, this is what they believe the the safety and security of Israel. We way or the highway’’ manner of run- Senate should aspire to be. worked to bring character education ning the Senate. One can describe this heavyhanded into our schools because we do believe Senate Republicans voted over- approach in a lot of ways, but you can’t that character counts. whelmingly to get on this bill—voted say it comports with their promise to

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G12DE6.072 S12DEPT1 tjames on DSK6SPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — SENATE S7789 respect minority rights. You certainly This law included more than 20 dif- nies but from the American people. The can’t say it is an example of the golden ferent tax increases. These tax in- IRS is going to want to know details rule, and you can’t say it resembles creases amount to more than $1 trillion such as the cost and the benefit struc- anything like how the Senate used to over the next 10 years. Of those, a ture of every person’s health insurance be run, how the Senate is supposed to dozen taxes specifically targeted mid- policy. They are going to want to know be run, and how our Democratic col- dle-class taxpayers. The most famous, who in each household is covered and leagues promised they would run it. of course, is the individual mandate how long they have been covered. They The heavyhanded way the Democratic tax. That is the one which requires will want to know the incomes people majority is handling this bill is a prime that all Americans buy a government- reported to their insurance company example of the fact that we don’t have approved health insurance plan. If they and what other kind of coverage their a rules problem around here, we have don’t for even 1 single month out of the employer may have offered. an attitude problem around here. year, then they have to pay the tax. To get all of this information, the In- So I would call on my Democratic Members of the Senate ought to re- ternal Revenue Service will have to de- colleagues—especially those who are member this one. This is the one the velop new layers, additional layers of not in the leadership and who have the American public still finds very unfa- redtape for businesses and for families, experience and wisdom that comes vorable, to the point that still a major- new forms, new filing procedures, and from serving in the minority—to work ity of Americans want to change or ei- new instructions. It is going to have to with us to get the Senate back to how ther completely eliminate and repeal come up with some way for taxpayers it is supposed to function. I urge them the President’s health care law. to resolve any discrepancies, and there not to be complicit in irreparably The law continues to be very unpopu- are going to be a lot between what changing the Senate as an institution lar. One of the main reasons has to do their tax returns say and the data the that respects the rights of the minority with this tax. It is a tax that is going insurance companies report. It is going and the views of the constituents to hit families harder than single peo- to be a nightmare. It is not clear how whom the minority represents. ple, and it is going to hit the middle the IRS is going to do this, but people Madam President, I suggest the ab- class harder than wealthier Americans. are certainly going to need to keep sence of a quorum. You know what. That is the way it was very careful records. It is also clear The PRESIDING OFFICER. The designed, amazingly. That is the way that a lot of Americans are going to be clerk will call the roll. the Democrats in this body designed defending themselves against audits. The legislative clerk proceeded to the tax—to hit the middle class harder All of that is work the IRS is going call the roll. than wealthier Americans. By 2016, 4.7 to have to do just to get ready for this Mr. BARRASSO. Madam President, I million low- and middle-income house- massive amount of new bureaucracy. ask unanimous consent that the order holds will face a tax for not buying The problem is that several inde- for the quorum call be rescinded. government-approved health insurance. pendent reviews have found that the The PRESIDING OFFICER. Without It was entirely predictable. In fact, a agency is seriously unprepared. In one, objection, it is so ordered. lot of us on the Republican side of the the Treasury Inspector General for Tax Mr. BARRASSO. I ask unanimous aisle did predict it right here on the Administration found that the IRS is consent to speak as in morning busi- floor of the Senate. not equipped—not equipped—to imple- ness. Well, this leads me to another aspect ment the law contained in what is The PRESIDING OFFICER. Without of the health care law that the White called the ‘‘largest set of tax law objection, it is so ordered. House and the Democrats have not changes in more than 20 years.’’ The f been eager to talk about, and it is the IRS hasn’t even conducted a thorough HEALTH CARE TAX HIKES role specifically related to this tax, review of the law that it is required to and that is the role of the IRS, the In- execute. As a result, the Inspector Gen- Mr. BARRASSO. Madam President, I ternal Revenue Service. The law gives eral’s Office said it wasn’t able to de- rise today to talk about the tax hikes the IRS unprecedented new powers to termine whether the IRS had ade- that are going to be hitting middle- do what? To probe into taxpayers’ quately planned for the workforce it class families all across this country, lives. will need. and it is going to do so in a way that Right after the election—and they There was a separate analysis done. many Americans do not realize. Every- waited until after the election—the There was an analysis done by the one in Washington is talking about the Obama administration started releas- House of Representatives. They found fiscal cliff and the tax increases that ing a wave of new health care regula- that the IRS could need more than might come from that, but today I tions. These include new rules on how 16,000 new IRS agents, new IRS exam- wish to talk about something different; the IRS plans to implement the new iners, new IRS support employees. that is, the tax increases that are com- health care taxes. Just last week, they Well, you know as well as I that the ing regardless of what happens with put out proposed rules on how they are American taxpayers will get hit with the fiscal cliff. Those are the tax hikes going to enforce the new Medicare pay- the bill to pay for the salaries of all of we are seeing because of President roll taxes. They still haven’t said ex- those new IRS employees—the agents, Obama’s health care law. actly how they plan to enforce the in- the examiners, and the support em- People who have been following this dividual mandate tax. ployees. closely know that President Obama’s But we do know IRS agents are going The American people knew what they health care law guarantees that mid- to be verifying who bought health in- wanted from health care reform. What dle-class families will pay higher taxes. surance and taxing everyone who they asked for was the care they need The President promised repeatedly didn’t. We know the IRS will be doing from the doctor they choose at a lower that he would not raise taxes on the more tax audits for health care spend- cost. That is what the President and middle class. As a matter of fact, he ing. We know the IRS will be able to Democrats promised them. It turns out said, ‘‘If you’re a family making less confiscate Americans’ tax refunds. that what the American public has got- than $250,000 a year,’’ referring to his Why? Well, to pay for health care ten is fewer choices, more regulations, health care plan, ‘‘my plan won’t raise taxes—not to pay for health care but to and higher taxes. your taxes one penny—not your income pay for health care taxes and to assess In meeting after meeting, when vis- taxes, not your payroll taxes, not your interest and late fees on people without iting with constituents in Wyoming, I capital gains taxes, not any of your insurance. said, ‘‘How many of you believe that taxes.’’ That is what the President We know we are going to see an army under the President’s health care law, said. But once he got into office, Presi- of new IRS agents and auditors—to do you are going to pay more for your dent Obama arranged for his health what? They are going to investigate health insurance?’’ All of the hands care plan to be written behind closed the health insurance choices of Ameri- went up. doors. Democrats in Congress passed it, cans and their families. The agency is I said, ‘‘How many of you think that and they did it strictly along party going to have to collect a huge amount the quality and availability of your lines. of data not just from insurance compa- care because of the President’s health

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G12DE6.074 S12DEPT1 tjames on DSK6SPTVN1PROD with S7790 CONGRESSIONAL RECORD — SENATE December 12, 2012 care law is going to go down or it is age of 19, Sandy went blind. He lost his created the Prize to End Blindness by going to get worse?’’ Again, all of the sight, and with that all likely hope of 2020, to take advantage of this incred- hands went up. the successful completion of his college ible historic opportunity to bring to- Now what these same people are career or a successful career in life. He gether scientists and researchers and learning is that the IRS is the chief was told by the social workers who met end blindness by the end of this decade. Federal enforcer for key parts of Presi- with him after glaucoma stole his sight To inspire them, the Greenbergs have dent Obama’s health care law. The peo- from him that his future would likely provided a prize of more than $2 mil- ple of my State and the people around consist of assembling screwdriver kits lion in gold. Why gold? Well, it is a re- the country do not like it at all. in a sheltered workshop in his home- minder of the color of the beautiful What we are going to have as a result town in upstate New York. shimmering sunsets Sandy and Susan of the health care law is a much larger But because of the kindness and the enjoyed together in the waning days of Internal Revenue Service. They are intervention of his roommates—Art Sandy’s sightedness, and it is a re- going to have broad new powers—pow- Garfunkel and Jerry Spire—and others minder of the beauty of the challenge ers to investigate, powers to monitor, who volunteered—Marc Mukasey—who of a prize to restore sight to millions and powers to tax the American people. dedicated countless hours reading to who live in blindness. At the same time, there is real doubt him, he was able to finish his class Mr. President, I am no expert on the about whether the agency is even up to work, to be successful in completing health or science of the eye, but we are the job. his studies at Columbia, and then to go blessed to have in this Senate two America’s middle-class families don’t on to Harvard Law School and to Ox- Members who are. We had some sup- want, don’t need, and cannot afford ford, and then to go further and fur- portive comments that will be given by more taxes. They don’t want, they ther. Senator BOOZMAN of Arkansas, but I don’t need, and they cannot afford a He has lived his entire adult life and am particularly glad and honored to be more powerful Internal Revenue Serv- achieved a career most of us can only joined today by Senator PAUL, by Dr. ice, with more agents looking into the dream of while also plunged in dark- PAUL, who is not only a tireless advo- details of their health care choices, but ness. His exceptional courage and his cate for the people of Kentucky, but that is exactly what President Obama perseverance don’t end there. Today he who, by professional training and back- and every Democrat in this body have wants to serve others and catalyze a ground, is an ophthalmologist. given to the American people. transformative shift in the health of I yield the floor at this time. Mr. President, I yield the floor, and I our Nation by ending blindness by the The PRESIDING OFFICER. The Sen- suggest the absence of a quorum. end of this decade. ator from Kentucky. Mr. PAUL. I thank Senator COONS for The PRESIDING OFFICER (Mr. Is this outrageous? Is this audacious? inviting me, both figuratively and lit- WHITEHOUSE). The clerk will call the Maybe. But that is what experts said erally, across the aisle to join him on roll. when President Kennedy stood before this side—I am glad to be here today— The legislative clerk proceeded to this Congress—in the same year, 1961, and for introducing me to this prize call the roll. that Sandy lost his sight—and chal- that Sandy Greenberg has brought for- Mr. COONS. Mr. President, I ask lenged our Nation to put a man on the ward to end blindness. unanimous consent that the order for Moon by the end of that decade. The I am an eye surgeon. I have also done the quorum call be rescinded. best and brightest minds, the top sci- research on glaucoma and have been a The PRESIDING OFFICER. Without entists and researchers of Kennedy’s longtime member of Lions Club Inter- objection, it is so ordered. generation rose to that challenge and national, whose primary research and f achieved his impossible dream. Now, goal is the prevention of blindness. for this generation, Sandy and his wife TRIBUTE TO DR. SANDY One of the heroes to the Lions’ eye Sue have once again raised our sights GREENBERG movement and to our work worldwide and challenged the best scientific and on blindness has been Helen Keller Mr. COONS. Mr. President, I rise medical researchers in the world to rise who, at the age of 19 months, lost not today to join with my colleague, Sen- to an enormous challenge—a challenge only her vision but her hearing. In 1925, ator PAUL, to discuss the life and work that has been with us from the begin- she came to the Lions Club Inter- of an exceptional American, Dr. Sandy ning of mankind. national with this mandate—and this Greenberg, who is here with us today, In the Bible itself we hear of blind- is part of her speech from that day: along with his wife Sue and his sister ness, of people who could not see with You have heard how through a little word Brenda. their eyes but only their hearts. For dropped from the fingers of another, a ray of Sandy, in my view, is an honorary millennia, humanity has struggled to light from another soul touched the darkness Delawarean because he spends a month understand and overcome blindness. of my mind and I found myself, found the every year at one of our most beautiful Yet today we have the scientific tools world, found God. It is because my teacher beaches, Rehoboth Beach. But he is necessary to reach for a cure—to re- learned about me and broke through the much more than that. A successful store the physical sight so many of us dark, silent imprisonment which held me businessman and philanthropist, Sandy that I am able to work for myself and for take for granted to those who other- others. It is the caring we want more than has a wide variety of interests and life wise live in darkness; to bring to life the money. The gift without the sympathy experiences. He has founded and run the 39 million people in this world who and interest of the giver is empty. If you software and technology companies, he live without sight, many in the world’s care, if we can make the people of this great is a pioneer in the use of technology in poorest countries, at a time when ex- country care, the blind will indeed triumph medicine, and helped bring telemedi- perts already believe 80 percent of over blindness. cine to rural health care facilities as blindness can be prevented or cured. The opportunity I bring to you, Lions, is this: To foster and sponsor the work of the chairman of the Rural Health Care Cor- We know we can do it. Just think of American Foundation for the Blind. Will you poration. what an awe-inspiring accomplishment not help me hasten the day when there shall He was appointed by President Clin- this would be, what a triumph of the be no preventable blindness; no little deaf, ton to the Board of the National human mind, of individual initiative, blind child untaught; no blind man or woman Science Foundation. As a young man of collaborative efforts of the scientific unaided? he took a break from his studies at Co- method, of modern technology, and of There is a long history, both in our lumbia, where he roomed with Art our investment in the belief that country and in other countries around Garfunkel—a well-known musician—to America can and should be a world the world, of private philanthropy and work as a fellow in Lyndon Johnson’s leader in curing the diseases that have these prizes. Going back to the early office. ailed humanity for generations. 18th century, there was a prize for lon- All of this on its own merits would Mr. President, a majority of all re- gitude. The Harrisons, father and son, make for a life well-lived and a sub- search scientists in human history are worked for nearly 40 years to develop a stantive, meaningful contribution to alive today. That remarkable fact clock to precisely measure where they our country. But there is one thing I alone carries with it great potential. were on the Earth, to measure lon- have not yet mentioned. At the young That is why Sandy and his wife Sue gitude.

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G12DE6.075 S12DEPT1 tjames on DSK6SPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — SENATE S7791 We currently have something called world through research and develop- this, Dr. Boylston was hounded the X Prize, which gave money last ment—is something supported by pub- through the streets and mobs came to year to a company that developed a lic-private partnership. the house. The persons he chose to vac- technology to speed up the cleanup of In the end, private contributions, ex- cinate first were his kids. That took a oil in the ocean after BP’s disaster. traordinary generosity by Sandy and very bold step forward to vaccinate his Siemens Foundation gives a $100,000 Sue Greenberg and his family, are kids. His kids survived, and the rest is prize. That was given last year to a 17- critically important. history. year-old girl from California who de- I happen to believe there is also a George Washington had his family in- veloped a nanoparticle that, with a vital role for a partnership with the oculated. Back at the time of the Revo- chemotherapy agent, goes directly to National Institutes of Health, Centers lutionary War, more people died from treat tumors. A prize from Siemens for Disease Control, and others that communicable diseases than died from was also given to 15-year-old Benjamin have the unique ability to bring re- actual bullets. This was true in most Clark, who won the prize for his work searchers together, hopefully for effi- wars up until this century. in how stars are born. cient and effective advances in medi- I think it takes bold vision, and I I love the idea, and I think it is cine. think Sandy Greenberg will help to underappreciated, of private philan- To continue the citations of the move this along with this prize. I love thropy. Today, I am happy to be here great disability rights advocate Helen the idea of incentives. We are a coun- with you to congratulate Sandy Green- Keller: ‘‘Alone, we can do little; to- try built on incentives. I don’t think berg for putting forward this prize, and gether, we can do so much.’’ any scientist is going to jump forward I hope it will bring some results. Even in this era of austerity, these and say, I am doing it only for the I think there is within our grasp the times of budget crunching and belt- prize. But prizes don’t hurt, and we ability to treat and, hopefully, prevent tightening, in my view there are few should acknowledge that these sci- blindness. areas more important for our sustained entists who can come forward and may Mr. COONS. I thank Senator PAUL. I investment than the development of come forward with a great cure should ask unanimous consent to enter into a treatments and cures for a devastating, be rewarded. colloquy with my colleague from Ken- life-changing health condition such as I would like to thank Sandy Green- tucky. blindness. berg and his family for setting up this The PRESIDING OFFICER. Without In my view, there is also a pressing prize. I hope that out of this some objection, it is so ordered. economic element to this humani- great good will come for those who Mr. COONS. Mr. President, it cer- tarian equation. Economists have said have gone blind and for prevention. tainly hasn’t escaped the expert knowl- that most of the new wealth created in Mr. COONS. I thank, Senator PAUL. edge of my colleagues here today that this country in the last century came I, like the Senator, am confident that 2020—the date of the prize of Sue and from biomedical research and its appli- some great good will come out of this Sandy whom we have spoken about—is cation to fighting and changing the bold vision, out of this clear initiative. also the numerical indication of per- human condition. They have told us As we look forward at the health care fect vision. So the goal to end blind- that curing and treating ancient dis- debates that have raged throughout ness by 2020—which is what the Sandy eases and conditions is a lot of what this Chamber and this country in the and Sue Greenberg prize is calling us has driven the extraordinary economic last few years, I will simply say in clos- toward—is also a year on the calendar, growth of this country in the last cen- ing, as we look to the future of the a year just over 7 years away. In those tury. United States, there is a path forward 7 years, Sandy Greenberg has the cour- We know that when we as a nation that says the right way to deal with age, the audacity, the strength to be- invest in making possible cutting-edge skyrocketing health care costs and the lieve we can end blindness, working to- advances, interconnected networks of fiscal challenges they provide is to gether, by 2020. It is a goal that could learning make possible the next gigan- simply crunch down, to limit, to nar- transform our society, our world, and tic leap. I am so grateful to Sue and row, to cut off access, and to manage the lives of millions who live in dark- Sandy for making possible this chal- downward. ness today. We can do it. lenge, for putting out this pot of gold A competing and I think a more com- At earlier times in our history, as to literally lift the sights of teams all pelling and I think, frankly, a more Senator PAUL has just reflected, we over the world, of individuals, of com- American view is we should take bold have come together in response to au- munities of effort. It is an effort that risks. We should innovate. We should dacious goals or inspiring prizes to con- could literally bring sight to the blind. dare to speak of curing diseases that quer other debilitating diseases. One Senator PAUL, any closing thoughts? are immensely harmful and expenses that Sandy Greenberg shared with me Mr. PAUL. I think what is great that are challenges and burdens for our when we sat together and first talked about the prize is it didn’t set a short whole country and the world. about this was polio, a crippling dis- and limited goal. It goes for the whole This prize—this challenge from Sue ease that struck terror into the hearts thing: They want to prevent and cure and Sandy Greenberg—is something I of parents every summer. blindness. think should lift the sights of all of us Dr. Jonas Salk convinced medical re- I think we need more big thinking. in this country to the very real possi- searchers at charities such as the We need to talk about let’s cure diabe- bilities of working together to find ex- March of Dimes to instead turn their tes, let’s cure AIDS. Sometimes it ceptional cures. focus from treatment, with devices takes an incremental approach. But I thank the Presiding Officer for let- such as the iron lung, to ending the sometimes it takes a big, grand or bold ting us speak about this extraordinary disease itself. Because of that kind of vision. American, his wife and his family and forward thinking, polio has now been The Senator mentioned Dr. Salk. In his quest to end blindness by the end of largely eradicated and does not threat- the early days, with the polio vaccine, this decade. en children in the United States, al- some actually died from the vaccine. I urge anyone interested in this topic though it remains in a few isolated He had to move forward despite some and interested in working with us fur- outposts around the world. obstacles and despite some setbacks. ther to visit the Web site We can see even more cutting-edge Originally, the whole idea of vaccina- endblindnessby2020.com. I thank Sandy examples today in my home State of tion came from Dr. Boylston in Boston, and Sue Greenberg for their courage, Delaware. Just earlier this week, I met preceding the time of our Revolu- their perseverance, and their commit- with scientific researchers Dr. Kmiec tionary War. There, it was a live vac- ment to bringing light to millions of from Delaware State University and cine taken from the actual pustules of their fellow men and women around the leaders of a company called someone who had smallpox, lanced it, the globe. Orthogenics, who are taking on the au- stuck it into the pustules, and then cut I yield the floor and I suggest the ab- dacious goal of ending sickle cell ane- into a person who did not have small- sence of a quorum. mia. That particular effort—banishing pox and gave them the disease. He tried The PRESIDING OFFICER. The this disease from bodies around the to give them a mild variant of this. For clerk will call the roll.

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G12DE6.077 S12DEPT1 tjames on DSK6SPTVN1PROD with S7792 CONGRESSIONAL RECORD — SENATE December 12, 2012 The assistant legislative clerk pro- years now. That was presented, the significant amount of money before ceeded to call the roll. President’s own commission, yet that that. It is unsustainable. Whether you Mr. COONS. Mr. President, I ask was rejected by the President. are a liberal economist or conservative unanimous consent that the order for Then of course there was the Gang of economist, whether Democrat, Repub- the quorum call be rescinded. Six, later the Gang of Eight, which met lican, Independent, or Libertarian, just f on a bipartisan basis for a number of do the math—and it is simple math; it months, both sides contributing to an is not calculus, it is third-grade math. EXTENSION OF MORNING attempt at a package put together to You cannot keep spending $1 trillion a BUSINESS submit to the Congress and to the year more than you collect without Mr. COONS. Mr. President, I ask White House. That was a bipartisan ef- having severe consequences. unanimous consent that morning busi- fort. The supercommittee of 12, 6 The consequence we have had is a ness be extended until 6 p.m., with all Democrats, 6 Republicans—they were very slow recovery from a very deep re- the provisions of the previous order re- unfortunately unable to come to an cession that has stifled job growth, sti- maining in effect. agreement. fled innovation, kept people out of The PRESIDING OFFICER. Without That has brought us to this par- work. The latest statistics are that objection, it is so ordered. ticular point in time because failure of over 23 million Americans are either Mr. COONS. Mr. President, I yield our effort to do this ended up in a pro- unemployed, underemployed, or have the floor and I suggest the absence of a cedure which drives us here at the end simply given up looking for a job, frus- quorum. of the year toward this so-called cliff. I trated trying to find any work whatso- The PRESIDING OFFICER. The have been talking to a number of my ever, and a staggering percentage of clerk will call the roll. colleagues, Republicans and Democrats those unemployed is young people, peo- The assistant legislative clerk pro- and others, and there is a majority ple under 30. ceeded to call the roll. consensus here for putting together a Robert Samuelson wrote an article a Mr. COATS. Mr. President, I ask credible long-term package to deal couple of days ago asking, is this the unanimous consent the order for the with our fiscal situation. That would lost generation, basically saying that quorum call be rescinded. send a message to the world and send a those in the under-30 category may The PRESIDING OFFICER. Without message to our citizens that the Con- have lost—we may lose a whole genera- objection, it is so ordered. gress and the government are serious tion, those who will not have the op- We are in morning business. about addressing our fiscal situation portunity to gain meaningful employ- f and putting us on a path to fiscal ment, to realize their dreams, to participate in the American dream of get- THE FISCAL CLIFF health. In doing so, it would restore the confidence of the American people. ting a good job, of marrying and having Mr. COATS. Mr. President, the clock It would restore the confidence of in- a family, of buying a house, paying the continues to tick away while we wait vestors around the world that America mortgage—doing the things which our for the descent from the summit, when is getting its act together at a time generation has enjoyed. We have been the President and Speaker BOEHNER when Europe is struggling, at a time given that opportunity, but a genera- walk out, with tablets in hand, saying when Japan is struggling, when China’s tion behind us is being denied that op- we have a deal. Many of us are begin- growth is slowing down. The world is portunity, and will it be the lost gen- ning to wonder if that is going to be looking to the United States to take eration. achievable. We are holding our breath. the lead as it has so many times and in The answer to that question falls on But as we near the end of the year, so many crises before. Yet all they see the shoulders of those of us here—not clearly as has been stated repeatedly is a standoff and the inability to do only at the White House with the on the floor, the necessity of putting what I think we all know we need to President and his advisers but with the something together to avoid the so- do. Congress, the Senate and the House. called fiscal cliff, the disastrous con- The choice is very clear. We have We now have an opportunity, maybe an sequences of our not acting, is clear. come to the point where I think most historic opportunity—I do believe it is Tax increases for every American tax- people looking at this understand that an historic opportunity—to right the payer, massive cuts to defense at a if we do not act now, the so-called wrong and to put in place something time when the threats around the kicking the can down the road no that, yes, will have an impact on us. world are as varied and as great as we longer is a viable opportunity. It no Yes, it is medicine we will have to take have seen in a long time, other essen- longer is something we can afford to for our excessive spending, but it will tial programs of the Federal Govern- do. There is a group called The Can bring about the cure. ment being affected by that—that is Kicks Back. I can see why the Amer- How many of us are thinking about the last thing we need. In this tepid ican people are frustrated over our in- the future for our children, our grand- economy with a lot of people out of ability to come to some agreement on children, the Nation’s children, the Na- work we are hoping for some consensus this. tion’s grandchildren? How many of us to come together to provide a long- Obviously we hope the President and can stand here and simply say we are term solution to our fiscal problem Speaker BOEHNER will bring us that doing OK at our level, our generation, that continues to have a negative ef- grand bargain which we can evaluate but we are not willing to make any fect on our economy and, more impor- and address before the end of the year. sacrifice whatsoever to ensure that tantly, keeps people out of work. I have frequently said from this po- this country can provide for future As that clock ticks, some are saying dium and back to the people I rep- generations? Most agree if we do not partisanship is too great in Wash- resent in Indiana, if we do not start ad- have a package that has $4 to $4.5 tril- ington; the country is too divided; we dressing the spending problem, it lion of spending reduction over the are not going to be able to reach a con- doesn’t matter how much we raise in next 10 years it will not be a credible sensus here in terms of how to address taxes or revenue, it doesn’t matter how package. There is also now almost uni- this problem. much else we do to address our prob- versal agreement that we must incor- I disagree with that. Over the last 2 lem—if we do not address the out-of- porate long-term entitlement reform. years and more, we have had a number control Federal spending, we cannot Mandatory spending—over which we of proposals brought forward on a bi- get from there to here. We cannot put have no control of spending levels—and partisan basis. It started with Simp- forward a credible package. interest costs now eat up 64 percent of son-Bowles; Bowles, the former Chief of It is no secret that over the years— our budget and denies those who come Staff to President Clinton, and Al without laying the blame on one party to us about improving our roads, pro- Simpson, a Member of this body for a or another—our spending has exceeded viding medical research, supporting long time, recognized as two individ- our revenues now to the extent that we education, whatever your interest— uals who can take a look at the situa- are plunging into serious debt and seri- those interests are receiving less sup- tion we are in and make a proposal. ous deficit; over $1 trillion a year accu- port than they have before. They will That has been running 2-and-some mulated over the last 4 years, and a continue to see less support to the

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G12DE6.078 S12DEPT1 tjames on DSK6SPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — SENATE S7793 point they may receive no support be- Senate floor will strengthen our econ- the adoption of the Senate amendment cause the mandatories projected with omy so they can make their mortgage is vitiated, and the amendment is the baby boom retirement accelerate payments, get a job, send their kids to modified with the changes at the desk. to points which our country can simply college, and enjoy the opportunities The amendments (Nos. 3332 and 3333) not afford. It will drive us into bank- and benefits that have been beneficial are as follows: ruptcy. to so many of us. AMENDMENT NO. 3332 If the package that is brought down This is a great challenge. It is a his- On page 728, of the Senate amendment to hopefully from the White House does toric moment. It is an opportunity to H.R. 4310, strike line 4 through page 730, line not address that, or if we do not ad- transcend politics, to rise above the 18 and insert the following: dress in this body the spending issue petty, partisan decisions and join to- SEC. 12l IMPOSITION OF SANCTIONS WITH RE- that incorporates the restructuring for gether to do what is right for the fu- SPECT TO SUPPORT FOR THE REBEL the preservation of Medicare, Medicaid, ture of this country. We cannot do this GROUP KNOWN AS M23. and Social Security but also with a re- without Presidential leadership. (a) BLOCKING OF ASSETS.— alization that unless we do something The President seems to have an ob- (1) IN GENERAL.—The Secretary of the Treasury shall, pursuant to the Inter- those programs are going to go bank- session with raising taxes. We have not national Emergency Economic Powers Act rupt and have severe impacts on those heard much from the White House in (50 U.S.C. 1701 et seq.) or Executive Order currently receiving those benefits—un- terms of addressing the spending issues 13413 (74 Fed. Reg. 64105; relating to blocking less we do that, we will not have a or the issues that are driving our def- property of certain persons contributing to credible package. icit forward. Unless these issues are ad- the conflict in the Democratic Republic of Senator WYDEN and I have proposed dressed, it will not result in a credible the Congo), block and prohibit all trans- comprehensive tax reform as some- solution to our problem. actions in all property and interests in prop- thing that needs to be done. Regu- We are asking you, Mr. President, to erty of a person described in subsection (c) if latory reform has been suggested by such property and interests in property are join us in making the tough decisions, in the United States, come within the United others, which I support. But if we do to do what I think we all know needs to States, or are or come within the possession not acknowledge that the final package be done and not push this into the fu- or control of a United States person. presented to us incorporates those ture anymore. We cannot keep people (2) EXCEPTION.—The authority to block and long-term solutions, we will simply be out of work. There are over 23 million prohibit all transactions in all property and back here in the next debt limit crisis. Americans who, on average, were con- interests in property under paragraph (1) We will be back here in the next fiscal sidered underemployed over the past does not include the authority to impose crisis. We will continue to see our year. Of those underemployed Ameri- sanctions on the importation of property. country languish in terms of providing (b) VISA BAN.—The Secretary of State shall cans, 41 percent were 30 or under. We deny a visa to, and the Secretary of Home- growth and job opportunities for our need to give them hope for the future land Security shall exclude from the United people, and we will not have addressed and a light at the end of the tunnel. We States, any alien who is a person described the problem of kick the can down the are asking that you join us, and we are in subsection (c). road one more time—I think to the dis- asking you to do a grand bargain and (c) PERSONS DESCRIBED.—A person de- gust and displeasure of the American talk more than just about tax in- scribed in this subsection is a person that people. creases, which we know can impact our the President determines provides, on or They are cynical enough about our job opportunities and our economy. after the date of the enactment of this Act, significant financial, material, or techno- ability to do something as we speak, The Republicans have put forth ideas let alone what might happen if we can- logical support to M23. in terms of the revenue portion of that (d) WAIVER.—The President may waive the not come to an agreement that every- without raising rates and destroying application of this section with respect to a body knows we need to come to. the opportunities for the nearly 1 mil- person if the President determines and re- When I decided to run again in 2010 lion businesses and others who don’t ports to the appropriate congressional com- after being out of the Senate for more fall in the corporate category. mittees that the waiver is in the national in- than a decade, I did not do it just to re- As David Brooks said recently in the terest of the United States. gain the title of Senator. I did not put New York Times: (e) TERMINATION OF SANCTIONS.—Sanctions retirement on hold and more time with imposed under this section may terminate 15 It’s pointless to cut a short-term deal if en- days after the date on which the President my family aside because I thought it titlement programs are still structured to would be fun to be back here. I did it determines and reports to the appropriate bankrupt our children. Republicans and congressional committees that the person because I want to be able to leave a Democrats could make 2013 the year of the covered by such determination has termi- stronger country for my children and truly Grand Bargain. nated the provision of significant financial, grandchildren and for others’ children So that is what we are imploring to material, and technological support to M23. and grandchildren. I did it because I you, Mr. President, and that is what we (f) TERMINATION OF SECTION.—This section want to restore this country so that are asking all of our colleagues to con- shall terminate on the date that is 15 days America’s future generations can enjoy sider. This historic opportunity is after the date on which the President deter- the kind of life full of promise and op- going to be our legacy. It is not about mines and reports to the appropriate con- portunity that our generation has been gressional committees that M23 is no longer a vote we made in the past, and it a significant threat to peace and security in able to enjoy. might not be about a vote we make in the Democratic Republic of the Congo. I look back over the history of our the future. We will be judged at a time (g) DEFINITIONS.—In this section: country and see the sacrifices being when the clock has run out, and there (1) APPROPRIATE CONGRESSIONAL COMMIT- made—from the Revolutionary War all is an absolute necessity for a package TEES.—The term ‘‘appropriate congressional the way through the two-plus cen- that is grand enough to achieve credi- committees’’ means— turies—the world wars, the fiscal cri- bility, and go forward to restore the (A) the Committee on Banking, Housing, ses, the Depression—the sacrifices that confidence of the American people and and Urban Affairs, the Committee on Armed have been made by former generations Services, and the Committee on Foreign Re- the investment community and lead lations of the Senate; and so that future generations can enjoy the world to recovery. (B) the Committee on Financial Services, the promise of America, unique of any This is our chance, Mr. President, the Committee on Armed Services, and the country in the world in terms of pro- and I hope we take that chance. Committee on Foreign Affairs of the House viding opportunities for individuals With that, I yield the floor. of Representatives. and their families. f (2) M23.—The term ‘‘M23’’ refers to the All of us have experienced that mo- rebel group known as M23 operating in the ment back home when a man or woman NATIONAL DEFENSE AUTHORIZA- Democratic Republic of the Congo that de- looks us in the eye and tells us they TION ACT FOR FISCAL YEAR 2013 rives its name from the March 23, 2009, agree- are putting their trust in us to do the The PRESIDING OFFICER. Under ment between the Government of the Demo- cratic Republic of the Congo and the Na- right thing when we get back to Wash- the previous order, the Senate having tional Congress for the Defense of the People ington. They are putting their trust received the papers from the House (or any successor group). and faith in us to make sound deci- with respect to H.R. 4310, passage of (3) UNITED STATES PERSON.—The term sions; that the votes we take on the the measure, as amended, is vitiated, ‘‘United States person’’ means—

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G12DE6.080 S12DEPT1 tjames on DSK6SPTVN1PROD with S7794 CONGRESSIONAL RECORD — SENATE December 12, 2012 (A) an individual who is a United States Sec. 127. Designation of mission modules of the Sec. 238. Readiness and flexibility of interconti- citizen or an alien lawfully admitted for per- Littoral Combat Ship as a major nental ballistic missile force. manent residence to the United States; or defense acquisition program. Sec. 239. Sense of Congress on the submittal to (B) an entity organized under the laws of Sec. 128. Transfer of certain fiscal year 2012 Congress of the homeland defense the United States or of any jurisdiction Procurement of Ammunition, hedging policy and strategy re- within the United States. Navy and Marine Corps funds. port of the Secretary of Defense. AMENDMENT NO. 3333 Sec. 129. Transfer of certain fiscal year 2012 Subtitle D—Reports (The amendment is printed in today’s Procurement, Marine Corps funds Sec. 251. Mission Packages for the Littoral RECORD under ‘‘Text of Amendments.’’) for procurement of weapons and Combat Ship. The PRESIDING OFFICER. The combat vehicles. Sec. 252. Comptroller General of the United question is on adoption of the Senate Sec. 130. Sense of Congress on Marine Corps States annual reports on the ac- amphibious lift and presence re- quisition program for the Amphib- amendment, as amended. quirements. The amendment, as amended, was ious Combat Vehicle. Sec. 131. Sense of Senate on Department of Sec. 253. Conditional requirement for report on agreed to. Navy fiscal year 2014 budget re- The amendment was ordered to be amphibious assault vehicles for quest for tactical aviation air- the Marine Corps. engrossed and the bill to be read a craft. third time. Sec. 132. SPIDERNet/Spectral Warrior Hard- Subtitle E—Other Matters The bill was read the third time. ware. Sec. 271. Transfer of administration of Ocean Research and Resources Advisory The PRESIDING OFFICER. Under Subtitle D—Air Force Programs Panel from Department of the the previous order, the question is on Sec. 141. Reduction in number of aircraft re- passage of the bill, as amended. Navy to National Oceanic and At- quired to be maintained in stra- mospheric Administration. The bill (H.R. 4310), as amended, was tegic airlift aircraft inventory. Sec. 272. Sense of Senate on increasing the cost- passed as follows: Sec. 142. Treatment of certain programs for the effectiveness of training exercises Resolved, That the bill from the House of F–22A Raptor aircraft as major for members of the Armed Forces. Representatives (H.R. 4310) entitled ‘‘An Act defense acquisition programs. TITLE III—OPERATION AND to authorize appropriations for fiscal year Sec. 143. Avionics systems for C–130 aircraft. MAINTENANCE 2013 for military activities of the Depart- Sec. 144. Procurement of space-based infrared ment of Defense, for military construction, system satellites. Subtitle A—Authorization of Appropriations and for defense activities of the Department Sec. 145. Transfer of certain fiscal year 2011 Sec. 301. Operation and maintenance funding. of Energy, to prescribe military personnel and 2012 funds for Aircraft Pro- Subtitle B—Energy and Environmental strengths for such fiscal year, and for other curement for the Air Force. Provisions purposes.’’, do pass with the following Amendment: Subtitle E—Joint and Multiservice Matters Sec. 311. Department of Defense guidance on Strike out all after the enacting clause and Sec. 151. Multiyear procurement authority for environmental exposures at mili- insert: V–22 joint aircraft program. tary installations. SECTION 1. SHORT TITLE. Sec. 152. Limitation on availability of funds for Sec. 312. Funding of agreements under the This Act may be cited as the ‘‘National De- full-rate production of Handheld, Sikes Act. fense Authorization Act for Fiscal Year 2013’’. Manpack, and Small Form/Fit ra- Sec. 313. Report on property disposals and additional authorities to assist local SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; dios under the Joint Tactical TABLE OF CONTENTS. Radio System program. communities around closed mili- (a) DIVISIONS.—This Act is organized into Sec. 153. Shallow Water Combat Submersible tary installations. seven divisions as follows: program. Subtitle C—Logistics and Sustainment (1) Division A–Department of Defense Author- Sec. 154. AC–130 aircraft electro-optical and in- Sec. 321. Repeal of certain provisions relating to izations. frared sensors. depot-level maintenance. (2) Division B–Military Construction Author- TITLE II—RESEARCH, DEVELOPMENT, Sec. 322. Expansion and reauthorization of izations. TEST, AND EVALUATION multi-trades demonstration (3) Division C–Department of Energy National Subtitle A—Authorization of Appropriations project. Security Authorizations and Other Authoriza- Sec. 323. Rating chains for system program tions. Sec. 201. Authorization of appropriations. managers. (4) Division D–Funding Tables. Subtitle B—Program Requirements, Restrictions, (5) Division E–Housing Assistance for Vet- Subtitle D—Reports and Limitations erans. Sec. 331. Annual report on Department of De- (6) Division F–Stolen Valor Act. Sec. 211. Next Generation Foundry for the De- fense long-term corrosion strat- (7) Division G–Miscellaneous. fense Microelectronics Activity. egy. (b) TABLE OF CONTENTS.—The table of con- Sec. 212. Advanced rotorcraft initiative. Sec. 332. Modified deadline for Comptroller tents for this Act is as follows: Sec. 213. Transfer of certain fiscal year 2012 General review of annual report Sec. 1. Short title. Navy research, development, test, on prepositioned materiel and Sec. 2. Organization of Act into divisions; table and evaluation funds. equipment. of contents. Sec. 214. Authority for Department of Defense Subtitle E—Other Matters Sec. 3. Congressional defense committees. laboratories to enter into edu- Sec. 4. Scoring of budgetary effects. cation partnerships with edu- Sec. 341. Savings to be achieved in civilian DIVISION A—DEPARTMENT OF DEFENSE cational institutions in United workforce and contractor em- AUTHORIZATIONS States territories and possessions. ployee workforce of the Depart- TITLE I—PROCUREMENT Sec. 215. Transfer of certain fiscal year 2012 Air ment of Defense. Sec. 342. NATO Special Operations Head- Subtitle A—Authorization of Appropriations Force research, development, test, and evaluation funds. quarters. Sec. 101. Authorization of appropriations. Sec. 343. Repeal of redundant authority to en- Subtitle B—Army Programs Sec. 216. Relocation of C–band radar from Anti- gua to H.E. Holt Station in West- sure interoperability of law en- Sec. 111. Multiyear procurement authority for ern Australia to enhance space forcement and emergency re- Army CH–47F helicopters. situational awareness capabili- sponder training. Sec. 344. Sense of the Congress on Navy Fleet Subtitle C—Navy Programs ties. requirements. Sec. 121. Refueling and complex overhaul of the Sec. 217. Detailed Digital Radio Frequency U.S.S. Abraham Lincoln. Modulation Countermeasures TITLE IV—MILITARY PERSONNEL Sec. 122. Ford class aircraft carriers. Studies and Simulations. AUTHORIZATIONS Sec. 123. Limitation on availability of amounts Subtitle C—Missile Defense Matters Subtitle A—Active Forces for second Ford class aircraft car- Sec. 231. Homeland ballistic missile defense. Sec. 401. End strengths for active forces. rier. Sec. 402. Additional Marine Corps personnel for Sec. 124. Multiyear procurement authority for Sec. 232. Regional ballistic missile defense. the Marine Corps Security Guard Virginia class submarine program. Sec. 233. Missile defense cooperation with Rus- Sec. 125. Multiyear procurement authority for sia. Program. Arleigh Burke class destroyers Sec. 234. Next generation Exo-atmospheric Kill Subtitle B—Reserve Forces and associated systems. Vehicle. Sec. 411. End strengths for Selected Reserve. Sec. 126. Authority for relocation of certain Sec. 235. Modernization of the Patriot air and Sec. 412. End strengths for Reserves on active AEGIS weapon system assets be- missile defense system. duty in support of the Reserves. tween and within the DDG–51 Sec. 236. Medium Extended Air Defense System. Sec. 413. End strengths for military technicians class destroyer and AEGIS Ashore Sec. 237. Availability of funds for Iron Dome (dual status). programs in order to meet mission short-range rocket defense pro- Sec. 414. Fiscal year 2013 limitation on number requirements. gram. of non-dual status technicians.

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00042 Fmt 4624 Sfmt 6343 E:\CR\FM\A12DE6.030 S12DEPT1 tjames on DSK6SPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — SENATE S7795 Sec. 415. Maximum number of reserve personnel Sec. 544. Retention of certain forms in connec- Sec. 582. Enhancement of authority to accept authorized to be on active duty tion with Restricted Reports on gifts and services. for operational support. sexual assault involving members Sec. 583. Clarification of authorized Fisher Subtitle C—Authorization of Appropriations of the Armed Forces. House residents at the Fisher Sec. 545. Prevention and response to sexual House for the Families of the Fall- Sec. 421. Military personnel. harassment in the Armed Forces. en and Meditation Pavilion at TITLE V—MILITARY PERSONNEL POLICY Sec. 546. Enhancement of annual reports re- Dover Air Force Base, Delaware. Subtitle A—Officer Policy garding sexual assaults involving Sec. 584. Report on accuracy of data in the De- members of the Armed Forces. Sec. 501. Extension of relaxation of limitation fense Enrollment Eligibility Re- on selective early discharges. Subtitle F—Education and Training porting System. Sec. 502. Exception to 30-year retirement for Sec. 551. Inclusion of the School of Advanced Sec. 585. Posthumous honorary promotion of regular Navy warrant officers in Military Studies Senior Level Sergeant Paschal Conley to sec- the grade of chief warrant officer, Course as a senior level service ond lieutenant in the Army. W–5. school. TITLE VI—COMPENSATION AND OTHER Sec. 503. Modification of definition of joint Sec. 552. Modification of eligibility for associate PERSONNEL BENEFITS degree programs under the Com- duty assignment to include all in- Subtitle A—Pay and Allowances structor assignments for joint munity College of the Air Force. training and education. Sec. 553. Support of Naval Academy athletic Sec. 601. Rates of basic allowance for housing Sec. 504. Sense of Senate on inclusion of assign- programs. for Army National Guard and Air ments as academic instructor at Sec. 554. Grade of commissioned officers in uni- National Guard members on full- the military service academies as formed medical accession pro- time National Guard duty. joint duty assignments. grams. Sec. 602. Payment of benefit for nonparticipation of eligible members in Post- Subtitle B—Reserve Component Management Sec. 555. Authority for service commitment for Reservists who accept fellowships, Deployment/Mobilization Respite Sec. 511. Authority for appointment of persons scholarships, or grants to be per- Absence program due to Govern- who are lawful permanent resi- formed in the Selected Reserve. ment error. dents as officers of the National Sec. 556. Repeal of requirement for eligibility Sec. 603. Extension of authority to provide tem- Guard. for in-State tuition of at least 50 porary increase in rates of basic Sec. 512. Reserve component suicide prevention percent of participants in Senior allowance for housing under cer- and resilience program. Reserve Officers’ Training Corps tain circumstances. Sec. 513. Report on mechanisms to ease the reprogram. integration into civilian life of Subtitle B—Bonuses and Special and Incentive Sec. 557. Modification of requirements on plan Pays members of the National Guard to increase the number of units of and the Reserves following a de- the Junior Reserve Officers’ Sec. 611. One-year extension of certain bonus ployment on active duty. Training Corps. and special pay authorities for re- Subtitle C—General Service Authorities Sec. 558. Consolidation of military department serve forces. Sec. 612. One-year extension of certain bonus Sec. 521. Diversity in the Armed Forces and re- authority to issue arms, tentage, and special pay authorities for lated reporting requirements. and equipment to educational institutions not maintaining units health care professionals. Sec. 522. Modification of authority to conduct of the Junior ROTC. Sec. 613. One-year extension of special pay and programs on career flexibility to Sec. 559. Modification of requirement for re- bonus authorities for nuclear offi- enhance retention of members of ports in Federal Register on insti- cers. the Armed Forces. tutions of higher education ineli- Sec. 614. One-year extension of authorities re- Sec. 523. Authority for additional behavioral gible for contracts and grants for lating to title 37 consolidated spe- health professionals to conduct denial of ROTC or military re- cial pay, incentive pay, and pre-separation medical examina- cruiter access to campus. bonus authorities. tions for post-traumatic stress dis- Sec. 560. Comptroller General of the United order. Sec. 615. One-year extension of authorities re- States report on the Reserve Offi- Sec. 524. Quarterly reports on involuntary sep- lating to payment of other title 37 cers’ Training Corps. aration of members of the Armed bonuses and special pays. Sec. 561. Report on Department of Defense ef- Forces. Sec. 616. Increase in amount of officer affili- forts to standardize educational ation bonus for officers in the Se- Sec. 525. Review of eligibility of victims of do- transcripts issued to separating mestic terrorism for award of the lected Reserve. members of the Armed Forces. Sec. 617. Increase in maximum amount of incen- Purple Heart and the Defense Sec. 562. Comptroller General of the United Medal of Freedom. tive bonus for reserve component States reports on joint profes- members who convert military oc- Sec. 526. Extension of temporary increase in ac- sional military education matters. cumulated leave carryover for cupational specialty to ease per- Sec. 563. Troops-to-Teachers program enhance- sonnel shortages. members of the Armed Forces. ments. Sec. 527. Prohibition on waiver for commis- Subtitle C—Travel and Transportation Subtitle G—Defense Dependents’ Education and sioning or enlistment in the Allowances Military Family Readiness Matters Armed Forces for any individual Sec. 631. Permanent change of station allow- Sec. 571. Impact aid for children with severe convicted of a felony sexual of- ances for members of Selected Re- disabilities. fense. serve units filling a vacancy in Sec. 572. Continuation of authority to assist Sec. 528. Research study on resilience in mem- another unit after being involun- local educational agencies that bers of the Army. tarily separated. benefit dependents of members of Subtitle D—Military Justice and Legal Matters the Armed Forces and Department Sec. 632. Authority for comprehensive program Generally of Defense civilian employees. for space-available travel on De- Sec. 531. Clarification and enhancement of the Sec. 573. Amendments to the Impact Aid pro- partment of Defense aircraft. role of the Staff Judge Advocate gram. Subtitle D—Disability, Retired Pay, and to the Commandant of the Marine Sec. 574. Military spouses. Survivor Benefits Corps. Sec. 575. Modification of authority to allow De- Sec. 641. Repeal of requirement for payment of Sec. 532. Additional information in reports on partment of Defense domestic de- Survivor Benefit Plan premiums annual surveys of the committee pendent elementary and sec- when participant waives retired on the Uniform Code of Military ondary schools to enroll certain pay to provide a survivor annuity Justice. students. under Federal Employees Retire- Subtitle E—Sexual Assault, Hazing, and Related Sec. 576. Sense of Congress regarding support ment System and termination of Matters for Yellow Ribbon Day. payment of Survivor Benefit Plan Sec. 577. Report on future of family support Sec. 541. Authority to retain or recall to active annuity. programs of the Department of duty reserve component members Sec. 642. Repeal of automatic enrollment in Defense. who are victims of sexual assault Family Servicemembers’ Group while on active duty. Subtitle H—Other Matters Life Insurance for members of the Sec. 542. Additional elements in comprehensive Sec. 581. Family briefings concerning account- Armed Forces married to other Department of Defense policy on ings for members of the Armed members. sexual assault prevention and re- Forces and Department of Defense Sec. 643. Clarification of computation of com- sponse. civilian employees listed as miss- bat-related special compensation Sec. 543. Hazing in the Armed Forces. ing. for chapter 61 disability retirees.

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00043 Fmt 4624 Sfmt 6343 E:\CR\FM\A12DE6.041 S12DEPT1 tjames on DSK6SPTVN1PROD with S7796 CONGRESSIONAL RECORD — SENATE December 12, 2012 Subtitle E—Military Lending Matters Sec. 733. Plan to eliminate gaps and Sec. 805. Technical change regarding programs Sec. 651. Enhancement of protections on con- redundancies in programs of the experiencing critical cost growth sumer credit for members of the Department of Defense on psycho- due to change in quantity pur- Armed Forces and their depend- logical health and traumatic chased. ents. brain injury among members of Sec. 806. Repeal of requirement to review ongo- Sec. 652. Additional enhancements of protec- the Armed Forces. ing programs initiated before en- tions on consumer credit for mem- Sec. 734. Report on implementation of rec- actment of Milestone B certifi- bers of the Armed Forces and ommendations of the Comptroller cation and approval process. their dependents. General of the United States on Subtitle B—Acquisition Policy and Management Sec. 653. Relief in civil actions for violations of prevention of hearing loss among Sec. 821. One-year extension of temporary limi- protections on consumer credit ex- members of the Armed Forces. tation on aggregate annual tended to members of the Armed Sec. 735. Sense of Senate on mental health amount available for contract Forces and their dependents. counselors for members of the services. Sec. 654. Modification of definition of depend- Armed Forces, veterans, and their Sec. 822. Prohibition of excessive pass-through ent for purposes of limitations on families. contracts and charges in the ac- terms of consumer credit extended Sec. 736. Prescription drug take-back program quisition of services. to members of the Armed Forces for members of the Armed Forces Sec. 823. Availability of amounts in Defense Ac- and their dependents. and their dependents. quisition Workforce Development Sec. 655. Enforcement of protections on con- Subtitle E—Mental Health Care Matters Fund for temporary members of sumer credit for members of the workforce. Armed Forces and their depend- Sec. 751. Enhancement of oversight and man- Sec. 824. Department of Defense policy on con- ents. agement of Department of Defense tractor profits. suicide prevention and resilience Subtitle F—Other Matters Sec. 825. Modification of authorities on internal programs. controls for procurements on be- Sec. 661. Transitional compensation for depend- Sec. 752. Comprehensive program on prevention half of the Department of Defense ent children who are carried dur- of suicide among members of the by certain non-defense agencies. ing pregnancy at time of depend- Armed Forces. Sec. 826. Extension of pilot program on manage- ent-abuse offense. Sec. 753. Quality review of Medical Evaluation ment of supply-chain risk. Sec. 662. Report on issuance by Armed Forces Boards, Physical Evaluation Sec. 827. Sense of Senate on the continuing Medical Examiner of death certifi- Boards, and Physical Evaluation progress of the Department of De- cates for members of the Armed Board Liaison Officers. fense in implementing its Item Forces who die on active duty Sec. 754. Assessment of adequacy of mental Unique Identification Initiative. abroad. health care benefits under the Subtitle C—Amendments Relating to General TITLE VII—HEALTH CARE PROVISIONS TRICARE program. Contracting Authorities, Procedures, and Lim- Subtitle A—TRICARE Program Sec. 755. Sharing between Department of De- itations Sec. 701. Extension of TRICARE Standard cov- fense and Department of Veterans Sec. 841. Applicability of Truth in Negotiations erage and TRICARE dental pro- Affairs of records and information Act to major systems and related gram for members of the Selected retained under the medical track- subsystems, components, and sup- Reserve who are involuntarily ing system for members of the port services. separated. Armed Forces deployed overseas. Sec. 842. Maximum amount of allowable costs of Sec. 702. Inclusion of certain over-the-counter Sec. 756. Participation of members of the Armed compensation of contractor em- drugs in TRICARE uniform for- Forces in peer support counseling ployees. mulary. programs of the Department of Sec. 843. Department of Defense access to and Sec. 703. Expansion of evaluation of the effec- Veterans Affairs. use of contractor internal audit tiveness of the TRICARE pro- Sec. 757. Research and medical practice on reports. gram. mental health conditions. Sec. 844. Enhancement of whistleblower protec- Sec. 704. Report on the future availability of Sec. 758. Disposal of controlled substances. tions for contractor employees. TRICARE Prime throughout the Sec. 759. Transparency of mental health care Sec. 844A. Whistleblower protections for non- United States. services. defense contractors. Sec. 845. Extension of contractor conflict of in- Sec. 705. Certain treatment of developmental Sec. 760. Expansion of Vet Center program to terest limitations. disabilities, including autism, include furnishing counseling to Sec. 846. Repeal of sunset for certain protests of under the TRICARE program. certain members of the Armed Sec. 706. Sense of Congress on health care for task and delivery order contracts. Forces and their family members. Sec. 847. Reports on use of indemnification retired members of the uniformed Sec. 761. Authority for Secretary of Veterans agreements. services. Affairs to furnish mental health Sec. 848. Contracting with small business con- Subtitle B—Other Health Care Benefits care through facilities other than cerns owned and controlled by Sec. 711. Use of Department of Defense funds Vet Centers to immediate family women. for abortions in cases of rape and members of members of the Armed Subtitle D—Provisions Relating to Wartime incest. Forces deployed in connection Contracting Sec. 712. Availability of certain fertility preser- with a contingency operation. Sec. 762. Organization of the Readjustment Sec. 860. Short title. vation treatments for members of Sec. 861. Responsibility within Department of Counseling Service in Department the Armed Forces on active duty. Defense for contract support for of Veterans Affairs. Sec. 713. Modification of requirements on men- overseas contingency operations. tal health assessments for mem- Sec. 763. Recruiting mental health providers for Sec. 862. Annual reports on contract support bers of the Armed forces deployed furnishing of mental health serv- for overseas contingency oper- in connection with a contingency ices on behalf of the Department ations involving combat oper- operation. of Veterans Affairs without com- ations. Subtitle C—Health Care Administration pensation from the Department. Sec. 863. Inclusion of contract support in cer- Sec. 764. Peer support. Sec. 721. Clarification of applicability of certain tain requirements for Department authority and requirements to TITLE VIII—ACQUISITION POLICY, ACQUI- of Defense planning, joint profes- subcontractors employed to pro- SITION MANAGEMENT, AND RELATED sional military education, and vide health care services to the MATTERS management structure. Department of Defense. Subtitle A—Provisions Relating to Major Sec. 864. Risk assessment and mitigation for Sec. 722. Research program to enhance Depart- Defense Acquisition Programs contractor performance of critical functions in support of overseas ment of Defense efforts on mental Sec. 801. Limitation on use of cost-type con- health in the National Guard and contingency operations. tracts. Sec. 865. Extension and modification of reports Reserves through community Sec. 802. Acquisition strategies for major sub- partnerships. on contracting in Iraq and Af- systems and subassemblies on ghanistan. Subtitle D—Reports and Other Matters major defense acquisition pro- Sec. 866. Extension of temporary authority to Sec. 731. Reports on performance data on War- grams. acquire products and services in riors in Transition programs. Sec. 803. Management structure for develop- countries along a major route of Sec. 732. Report on Department of Defense sup- mental test and evaluation. supply to Afghanistan. port of members of the Armed Sec. 804. Assessments of potential termination Sec. 867. Compliance with Berry amendment re- Forces who experience traumatic liability of contracts for the devel- quired for uniform components injury as a result of vaccinations opment or production of major de- supplied to Afghanistan military required by the Department. fense acquisition programs. or Afghanistan National Police.

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00044 Fmt 4624 Sfmt 6343 E:\CR\FM\A12DE6.041 S12DEPT1 tjames on DSK6SPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — SENATE S7797 Sec. 868. Sense of Senate on the contributions Sec. 889D. Inclusion of information on common Sec. 929. Department of Defense use of National of Latvia and other North Atlan- grounds for sustaining bid pro- Security Agency cloud computing tic Treaty Organization member tests in annual Government Ac- database and intelligence commu- nations to the success of the countability Office reports to Con- nity cloud computing infrastruc- Northern Distribution Network. gress. ture and services. Sec. 869. Responsibilities of inspectors general Sec. 889E. Small business HUBZones. Sec. 930. Electro-optical imagery. for overseas contingency oper- Subtitle F—Ending Trafficking in Government Sec. 931. Software licenses of the Department of ations. Contracting Defense. Sec. 870. Agency reports and inspector general Sec. 891. Short title. Sec. 932. Defense Clandestine Service. audits of certain information on Sec. 892. Definitions. Sec. 933. Authority for short-term extension of overseas contingency operations. Sec. 893. Contracting requirements. lease for aircraft supporting the Sec. 871. Oversight of contracts and contracting Sec. 894. Compliance plan and certification re- Blue Devil intelligence, surveil- activities for overseas contingency quirement. lance, and reconnaissance pro- operations in responsibilities of Sec. 895. Monitoring and investigation of traf- gram. Chief Acquisition Officers of Fed- ficking in persons. Sec. 934. Sense of Senate on potential security eral agencies. Sec. 896. Notification to inspectors general and risks to Department of Defense Sec. 872. Reports on responsibility within De- cooperation with Government. networks. partment of State and the United Sec. 897. Expansion of fraud in foreign labor Sec. 935. Sense of Congress on the United States States Agency for International contracting to include attempted Cyber Command. Development for contract support fraud and work outside the Sec. 936. Reports to Department of Defense on for overseas contingency oper- United States. penetrations of networks and in- ations. Sec. 898. Improving Department of Defense ac- formation systems of certain con- countability for reporting traf- Sec. 873. Professional education for Department tractors. of State personnel on acquisition ficking in persons claims and vio- for Department of State support lations. Subtitle D—Other Matters and participation in overseas con- Sec. 899. Rules of construction. Sec. 941. National Language Service Corps. tingency operations. TITLE IX—DEPARTMENT OF DEFENSE Sec. 942. Report on education and training and Sec. 874. Database on price trends of items and ORGANIZATION AND MANAGEMENT promotion rates for pilots of re- services under Federal contracts. Subtitle A—Department of Defense Management motely piloted aircraft. Sec. 875. Information on corporate contractor Sec. 901. Definition and report on terms ‘‘prep- TITLE X—GENERAL PROVISIONS performance and integrity aration of the environment’’ and through the Federal Awardee Per- Subtitle A—Financial Matters ‘‘operational preparation of the formance and Integrity Informa- environment’’ for joint doctrine Sec. 1001. General transfer authority. tion System. purposes. Sec. 1002. Authority to transfer funds to the Sec. 876. Inclusion of data on contractor per- Sec. 902. Expansion of duties and responsibil- National Nuclear Security Admin- formance in past performance ities of the Nuclear Weapons istration to sustain nuclear weap- databases for executive agency Council. ons modernization. source selection decisions. Sec. 903. Failure of the Department of Defense Sec. 1003. Audit readiness of Department of De- Sec. 877. Public availability of database of sen- to obtain audits with an unquali- fense statements of budgetary re- ior Department of Defense offi- fied opinion on its financial state- sources. cials seeking employment with de- ments by fiscal year 2017. Sec. 1004. Report on effects of budget sequestra- fense contractors. Sec. 904. Information for Deputy Chief Man- tion on the Department of De- Subtitle E—Other Matters agement Officer of the Depart- fense. Sec. 881. Requirements and limitations for sus- ment of Defense from the military Sec. 1005. Report on balances carried forward pension and debarment officials departments and Defense Agen- by the Department of Defense at of the Department of Defense, the cies for defense business system the end of fiscal year 2012. Department of State, and the investment reviews. Sec. 1006. Transfer of certain fiscal year 2012 United States Agency for Inter- Subtitle B—Space Activities and 2013 funds. national Development. Sec. 911. Operationally Responsive Space Pro- Subtitle B—Counter-Drug Activities Sec. 881A. Additional bases for suspension or gram Office. Sec. 1011. Extension of authority for joint task debarment. Sec. 912. Commercial space launch cooperation. forces to provide support to law Sec. 882. Uniform contract writing system re- Sec. 913. Reports on integration of acquisition enforcement agencies conducting quirements. and capability delivery schedules counter-terrorism activities. Sec. 883. Comptroller General of the United for components for major satellite Sec. 1012. Requirement for biennial certification States review of use by the De- acquisition programs and funding on provision of support for partment of Defense, the Depart- for such programs. counter-drug activities to certain Sec. 914. Department of Defense representation ment of State, and the United foreign governments. States Agency for International in dispute resolution regarding Sec. 1013. Authority to support the unified Development of urgent and com- surrender of Department of De- counterdrug and counterterrorism pelling exception to competition. fense bands of electromagnetic campaign in Colombia. Sec. 884. Authority to provide fee-for-service in- frequencies. Sec. 1014. Quarterly reports on use of funds in spection and testing by Defense Subtitle C—Intelligence-Related and Cyber the Drug Interdiction and Contract Management Agency for Matters Counter-Drug Activities, Defense- certain critical equipment in the Sec. 921. Authority to provide geospatial intel- wide account. absence of a procurement con- ligence support to security alli- Subtitle C—Naval Vessels and Shipyards tract. ances and international and re- Sec. 885. Disestablishment of Defense Materiel gional organizations. Sec. 1021. Retirement of naval vessels. Readiness Board. Sec. 922. Army Distributed Common Ground Sec. 1022. Termination of a Maritime Sec. 886. Modification of period of wait fol- System. Prepositioning Ship squadron. lowing notice to Congress of in- Sec. 923. Rationalization of cyber networks and Sec. 1023. Sense of Congress on recapitalization tent to contract for leases of cer- cyber personnel of the Depart- for the Navy and Coast Guard. tain vessels and vehicles. ment of Defense. Sec. 1024. Notice to Congress for the review of Sec. 887. Extension of other transaction author- Sec. 924. Next-generation host-based cyber secu- proposals to name naval vessels. ity. rity system for the Department of Subtitle D—Counterterrorism Sec. 888. Subcontractor notifications. Defense. Sec. 889. Report by the suspension and debar- Sec. 925. Improvements of security, quality, and Sec. 1031. Extension of certain prohibitions and ment officials of the military de- competition in computer software requirements relating to detainees partments and the Defense Logis- procured by the Department of at United States Naval Station, tics Agency. Defense. Guantanamo Bay, Cuba. Sec. 889A. Study on army small arms and am- Sec. 926. Competition in connection with De- Sec. 1032. Prohibition on use of funds for the munition acquisition. partment of Defense data link transfer or release of individuals Sec. 889B. Annual report on defense con- systems. from United States Naval Station, tracting fraud. Sec. 927. Integration of critical signals intel- Guantanamo Bay, Cuba. Sec. 889C. Plan to increase number of contrac- ligence capabilities. Sec. 1033. Prohibition on the indefinite deten- tors eligible for contracts under Sec. 928. Collection and analysis of network tion of citizens and lawful perma- Air Force NETCENTS-2 contract. flow data. nent residents.

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00045 Fmt 4624 Sfmt 6343 E:\CR\FM\A12DE6.041 S12DEPT1 tjames on DSK6SPTVN1PROD with S7798 CONGRESSIONAL RECORD — SENATE December 12, 2012 Subtitle E—Miscellaneous Authorities and Subtitle H—Other Matters Sec. 1102. Expansion of experimental personnel Limitations Sec. 1081. Redesignation of the Center for Hemi- program for scientific and tech- Sec. 1041. Enhancement of responsibilities of spheric Defense Studies as the nical personnel at the Defense the Chairman of the Joint Chiefs William J. Perry Center for Hemi- Advanced Research Projects of Staff regarding the National spheric Defense Studies. Agency. Military Strategy. Sec. 1082. Technical amendments to repeal stat- Sec. 1103. One-year extension of discretionary Sec. 1042. Modification of authority on training utory references to United States authority to grant allowances, of special operations forces with Joint Forces Command. benefits, and gratuities to personnel on official duty in a com- friendly foreign forces. Sec. 1083. Sense of Congress on non-United bat zone. Sec. 1043. Extension of authority to provide as- States citizens who are graduates Sec. 1104. Federal Employees Retirement System sured business guarantees to car- of United States educational insti- age and retirement treatment for riers participating in Civil Reserve tutions with advanced degrees in certain retirees of the Armed Air Fleet. science, technology, engineering, Sec. 1044. Participation of veterans in the Tran- Forces. and mathematics. sition Assistance Program of the Sec. 1084. Sense of Senate on the maintenance TITLE XII—MATTERS RELATING TO Department of Defense. FOREIGN NATIONS Sec. 1045. Modification of the Ministry of De- by the United States of a triad of Subtitle A—Assistance and Training fense Advisor Program. strategic nuclear delivery systems. Sec. 1046. Interagency collaboration on un- Sec. 1085. Plan to partner with State and local Sec. 1201. Extension of authority to build the manned aircraft systems. entities to address veterans claims capacity of foreign military forces Sec. 1047. Sense of Senate on notice to Congress backlog. and modification of notice in con- on unfunded priorities. Sec. 1086. Sense of the Senate on protection of nection with initiation of activi- Sec. 1048. Enhancement of authorities on ad- Department of Defense airfields, ties. mission of defense industry civil- training airspace, and air train- Sec. 1202. Extension of authority for non-recip- ians to certain Department of De- ing routes. rocal exchange of defense per- fense educational institutions and Sec. 1087. Extension of authorities to carry out sonnel between the United States programs. a program of referral and coun- and foreign countries. Sec. 1049. Military working dog matters. seling services to veterans at risk Sec. 1203. Authority to build the capacity of Sec. 1050. Prohibition on funds to enter into of homelessness who are certain counterterrorism forces in contracts or agreements with transitioning from certain institu- Yemen and East Africa. Rosoboronexport. tions. Sec. 1204. Limitation on availability of funds Sec. 1051. Sense of Congress on the Joint Sec. 1088. Sense of Congress that the bugle call for State Partnership Program. Warfighting Analysis Center. commonly known as Taps should Subtitle B—Matters Relating to Iraq, Sec. 1052. Transition Assistance Advisor probe designated as the National Afghanistan, and Pakistan gram. Song of Military Remembrance. Sec. 1211. Commanders’ Emergency Response Subtitle F—Reports Sec. 1089. Reports on the potential security Program in Afghanistan. Sec. 1061. Report on strategic airlift aircraft. threat posed by Boko Haram. Sec. 1212. Extension of authority to support op- Sec. 1062. Repeal of biennial report on the Glob- Sec. 1090. National Veterans Business Develop- erations and activities of the Of- al Positioning System. ment Corporation. fice of Security Cooperation in Sec. 1063. Repeal of annual report on threat Sec. 1091. White Sands Missile Range and Fort Iraq. posed by weapons of mass de- Bliss. Sec. 1213. One-year extension and modification struction, ballistic missiles, and Sec. 1092. Transport for female genital mutila- of authority to use funds for re- cruise missiles. tion. integration activities in Afghani- Sec. 1064. Report on program on return of rare Sec. 1093. Renewal of expired prohibition on re- stan. earth phosphors from Department turn of veterans memorial objects Sec. 1214. One-year extension and modification of Defense fluorescent lighting without specific authorization in of authority for program to de- waste to the domestic rare earth law. velop and carry out infrastructure supply chain. Sec. 1094. Transfer of excess aircraft to other projects in Afghanistan. Sec. 1065. Report on establishment of joint Sec. 1215. Extension of Pakistan Counterinsur- Armed Forces historical storage departments. Sec. 1095. Reauthorization of sale of aircraft gency Fund. and preservation facility. Sec. 1216. Extension and modification of au- Sec. 1066. Study on Bradley Fighting Vehicle and parts for wildfire suppression thority for reimbursement of cer- industrial base. purposes. tain coalition nations for support Sec. 1067. Report on military resources nec- Sec. 1096. Protection of veterans’ memorials. provided to United States military essary to execute United States Sec. 1097. Transportation of individuals to and operations. Force Posture Strategy in the from facilities of Department of Sec. 1217. Extension and modification of Asia Pacific Region. Veterans Affairs. logistical support for coalition Sec. 1068. Report on planned efficiency initia- Sec. 1098. National public awareness and par- forces supporting certain United tives at Space and Naval Warfare ticipation campaign for Veterans’ States military operations. Systems Command. History Project of American Sec. 1218. Strategy for supporting the achieve- Sec. 1069. Study on ability of national air and Folklife Center. ment of a secure presidential elec- ground test and evaluation infra- Sec. 1099. Technical amendments relating to the tion in Afghanistan in 2014. structure facilities to support determination of the Armed Forces fense hypersonic test and evalua- Sec. 1219. Independent assessment of the Af- Institute of Pathology under de- ghan National Security Forces. tion activities. fense base closure and realign- Sec. 1069A. Report on simulated tactical flight Sec. 1220. Report on Afghanistan Peace and ment. Reintegration Program. training in a sustained gravity Sec. 1099A. Improved enumeration of members environment. Sec. 1221. Completion of accelerated transition of the Armed Forces in any tab- of United States combat and mili- Sec. 1069B. Report on Department of Defense ulation of total population by support for United States diplo- tary and security operations to Secretary of Commerce. the Government of Afghanistan. matic security. Sec. 1099B. State consideration of military Sec. 1069C. Comptroller General of the United Sec. 1222. Sense of Congress commending the training in granting certain State States report on Department of Enduring Strategic Partnership certifications and licenses as a Defense spending for conferences Agreement between the United condition on the receipt of funds and conventions. States and Afghanistan. for veterans employment and Sec. 1223. Congressional review of bilateral se- Subtitle G—Nuclear Matters training. curity agreement with Afghani- Sec. 1071. Strategic delivery systems. Sec. 1099C. Amendments to law enforcement of- stan. Sec. 1072. Requirements definition for combined ficer safety provisions of title 18. Sec. 1224. Authority to transfer defense articles warhead for certain missile sys- Sec. 1099D. Modernization of absentee ballot and provide defense services to tems. mail delivery system. the military and security forces of Sec. 1073. Congressional Budget Office estimate Sec. 1099E. State Trade and Export Promotion Afghanistan and certain other of costs of nuclear weapons and Grant Program. countries. delivery systems. Sec. 1074. Briefings on dialogue between the TITLE XI—CIVILIAN PERSONNEL MATTERS Subtitle C—Reports United States and the Russian Sec. 1101. Authority for transportation of fam- Sec. 1231. Review and reports on Department of Federation on nuclear arms, mis- ily household pets of civilian per- Defense efforts to build the capac- sile defense, and long-range con- sonnel during evacuation of non- ity of and partner with foreign se- ventional strike systems. essential personnel. curity forces.

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00046 Fmt 4624 Sfmt 6343 E:\CR\FM\A12DE6.041 S12DEPT1 tjames on DSK6SPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — SENATE S7799 Sec. 1232. Additional elements in annual report Sec. 1272. Report on use of certain Iranian sea- TITLE XVI—MILITARY COMPENSATION on military and security develop- ports by foreign vessels and use of AND RETIREMENT MODERNIZATION ments involving the People’s Re- foreign airports by sanctioned COMMISSION public of China. Iranian air carriers. Sec. 1601. Short title. Sec. 1233. Report on implementation by Govern- Sec. 1273. Implementation; penalties. Sec. 1602. Purpose. ment of Bahrain of recommenda- Sec. 1274. Applicability to certain natural gas Sec. 1603. Definitions. tions in Report of the Bahrain projects. Sec. 1604. Military Compensation and Retire- Independent Commission of In- Sec. 1275. Rule of construction. ment Modernization Commission. quiry. TITLE XIII—COOPERATIVE THREAT Sec. 1605. Commission hearings and meetings. Sec. 1234. Reports on Syria. REDUCTION Sec. 1606. Principles and procedure for Commis- Sec. 1235. Report on military activities to deny Sec. 1301. Specification of Cooperative Threat sion recommendations. or significantly degrade the use of Reduction programs and funds. Sec. 1607. Consideration of Commission rec- air power against civilian and op- Sec. 1302. Funding allocations. ommendations by the President position groups in Syria. TITLE XIV—OTHER AUTHORIZATIONS and Congress. Subtitle D—Other Matters Sec. 1608. Pay for members of the Commission. Subtitle A—Military Programs Sec. 1609. Executive Director. Sec. 1241. Improved administration of the Amer- Sec. 1401. Working capital funds. Sec. 1610. Staff. ican, British, Canadian, and Aus- Sec. 1402. National Defense Sealift Fund. Sec. 1611. Contracting authority. tralian Armies’ Program. Sec. 1403. Defense Health Program. Sec. 1612. Judicial review precluded. Sec. 1242. United States participation in Head- Sec. 1404. Chemical Agents and Munitions De- Sec. 1613. Termination. quarters Eurocorps. struction, Defense. Sec. 1614. Funding. Sec. 1243. Department of Defense participation Sec. 1405. Drug Interdiction and Counter-Drug TITLE XVII—NATIONAL COMMISSION ON in European program on multilat- Activities, Defense-wide. THE STRUCTURE OF THE AIR FORCE eral exchange of air transpor- Sec. 1406. Defense Inspector General. Sec. 1701. Short title. tation and air refueling services. Subtitle B—National Defense Stockpile Sec. 1244. Authority to establish program to Sec. 1702. Establishment of Commission. Sec. 1411. Release of materials needed for na- provide assistance to foreign civil- Sec. 1703. Duties of the Commission. tional defense purposes from the Sec. 1704. Powers of the Commission. ians for harm incident to combat Strategic and Critical Materials Sec. 1705. Commission personnel matters. operations of the Armed Forces in Stockpile. Sec. 1706. Termination of the Commission. foreign countries. Subtitle C—Chemical Demilitarization Matters Sec. 1707. Funding. Sec. 1245. Sustainability requirements for cer- Sec. 1708. Limitation on availability of funds tain capital projects in connection Sec. 1421. Supplemental chemical agent and for reductions to the Air National with overseas contingency oper- munitions destruction tech- Guard and the Air Force Reserve. ations. nologies at Pueblo Chemical Sec. 1709. Funding for maintenance of force Sec. 1246. Efforts to remove Joseph Kony from Depot, Colorado, and Blue Grass structure of the Air Force pending power and end atrocities com- Army Depot, Kentucky. Commission recommendations. mitted by the Lord’s Resistance Subtitle D—Other Matters Sec. 1710. Retention of core functions of the Army. Sec. 1431. Authorization of appropriations for Electronic Systems Center at Sec. 1247. Imposition of sanctions with respect Armed Forces Retirement Home. Hanscom Air Force Base pending to support for the rebel group Sec. 1432. Additional Weapons of Mass Destruc- future structure study. known as M23. tion Civil Support Teams. Sec. 1711. Air Force assessments of the effects of Sec. 1248. Program on repair, overhaul, and re- Sec. 1433. Policy of the United States with re- proposed movements of airframes furbishment of defense articles for spect to a domestic supply of crit- on joint readiness training. sale or transfer to eligible foreign ical and essential minerals. countries and entities. TITLE XVIII—FEDERAL ASSISTANCE TO Sec. 1249. Plan for promoting the security of Af- TITLE XV—AUTHORIZATION OF APPRO- FIRE DEPARTMENTS ghan women and girls during the PRIATIONS FOR OVERSEAS CONTIN- Subtitle A—Fire Grants Reauthorization GENCY OPERATIONS security transition process. Sec. 1801. Short title. Sec. 1250. Sense of Congress on the Israeli Iron Subtitle A—Authorization of Appropriations Sec. 1802. Amendments to definitions. Dome defensive weapon system. Sec. 1501. Purpose. Sec. 1803. Assistance to firefighters grants. Sec. 1251. Sense of the Senate on the situation Sec. 1502. Procurement. Sec. 1804. Staffing for adequate fire and emer- in the Senkaku Islands. Sec. 1503. Research, development, test, and gency response. Sec. 1252. Bilateral defense trade relationship evaluation. Sec. 1805. Sense of Congress on value and fund- with India. Sec. 1504. Operation and maintenance. ing of Assistance to Firefighters Subtitle E—Iran Sanctions Sec. 1505. Military personnel. and Staffing for Adequate Fire Sec. 1506. Working capital funds. Sec. 1261. Short title. and Emergency Response pro- Sec. 1507. Defense Health Program. grams. Sec. 1262. Definitions. Sec. 1508. Drug Interdiction and Counter-Drug Sec. 1263. Declaration of policy on human Sec. 1806. Report on amendments to Assistance Activities, Defense-wide. to Firefighters and Staffing for rights. Sec. 1509. Defense Inspector General. Sec. 1264. Imposition of sanctions with respect Adequate Fire and Emergency Re- Subtitle B—Financial Matters to the energy, shipping, and ship- sponse programs. building sectors of Iran. Sec. 1521. Treatment as additional authoriza- Sec. 1807. Studies and reports on the state of Sec. 1265. Imposition of sanctions with respect tions. fire services. to the sale, supply, or transfer of Sec. 1522. Special transfer authority. Subtitle B—Reauthorization of United States certain materials to or from Iran. Subtitle C—Limitations and Other Matters Fire Administration Sec. 1266. Imposition of sanctions with respect Sec. 1531. Afghanistan Security Forces Fund. Sec. 1811. Short title. to the provision of underwriting Sec. 1532. Joint Improvised Explosive Device Sec. 1812. Clarification of relationship between services or insurance or reinsur- Defeat Fund. United States Fire Administration ance for activities or persons with Sec. 1533. Plan for transition in funding of and Federal Emergency Manage- respect to which sanctions have United States Special Operations ment Agency. been imposed. Command from supplemental Sec. 1813. Modification of authority of Adminis- Sec. 1267. Imposition of sanctions with respect funding for overseas contingency trator to educate public about fire to foreign financial institutions operations to recurring funding and fire prevention. that facilitate financial trans- under the future-years defense Sec. 1814. Authorization of appropriations. actions on behalf of specially des- program. Sec. 1815. Removal of limitation. ignated nationals. Sec. 1534. Extension of authority on Task Force TITLE XIX—MEMORIAL TO SLAVES AND Sec. 1268. Inclusion of the Islamic Republic of for Business and Stability Oper- FREE BLACK PERSONS WHO SERVED IN Iran Broadcasting on the list of ations in Afghanistan. THE AMERICAN REVOLUTION human rights abusers. Sec. 1535. Assessments of training activities and Sec. 1269. Imposition of sanctions with respect intelligence activities of the Joint Sec. 1901. Finding. to persons engaged in the diver- Improvised Explosive Device De- Sec. 1902. Definitions. sion of goods intended for the feat Organization. Sec. 1903. Memorial authorization. Sec. 1904. Repeal of joint resolutions. people of Iran. Sec. 1536. Submittal to Congress of risk assess- Sec. 1270. Waiver requirement related to excep- ments on changes in United States DIVISION B—MILITARY CONSTRUCTION tional circumstances preventing troop levels in Afghanistan. AUTHORIZATIONS significant reductions in crude oil Sec. 1537. Report on insider attacks in Afghani- Sec. 2001. Short title. purchases. stan and their effect on the Sec. 2002. Expiration of authorizations and Sec. 1271. Statute of limitations for civil actions United States transition strategy amounts required to be specified regarding terrorist acts. for Afghanistan. by law.

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00047 Fmt 4624 Sfmt 6343 E:\CR\FM\A12DE6.041 S12DEPT1 tjames on DSK6SPTVN1PROD with S7800 CONGRESSIONAL RECORD — SENATE December 12, 2012 TITLE XXI—ARMY MILITARY Sec. 2602. Authorized Army Reserve construc- Subtitle E—Other Matters CONSTRUCTION tion and land acquisition projects. Sec. 2841. Clarification of authority of Sec- Sec. 2101. Authorized Army construction and Sec. 2603. Authorized Navy Reserve and Marine retary to assist with development land acquisition projects. Corps Reserve construction and of public infrastructure in connec- Sec. 2102. Family housing. land acquisition projects. tion with the establishment or ex- Sec. 2103. Authorization of appropriations, Sec. 2604. Authorized Air National Guard con- pansion of a military installation. Army. struction and land acquisition Sec. 2842. Petersburg National Battlefield Sec. 2104. Modification of authority to carry projects. boundary modification. Sec. 2605. Authorized Air Force Reserve con- out certain fiscal year 2010 Sec. 2843. Congressional notification with re- struction and land acquisition project. spect to oversight and mainte- projects. Sec. 2105. Extension of authorizations of cer- nance of base cemeteries following Sec. 2606. Authorization of appropriations, Na- tain fiscal year 2009 projects. closure of overseas military instal- tional Guard and Reserve. Sec. 2106. Extension of authorizations of cer- lations. tain fiscal year 2010 projects. Subtitle B—Other Matters Sec. 2844. Additional exemptions from certain Sec. 2107. Additional authority to carry out cer- Sec. 2611. Extension of authorization of certain requirements applicable to fund- tain fiscal year 2013 project. fiscal year 2009 project. ing for data servers and centers. TITLE XXII—NAVY MILITARY Sec. 2612. Extension of authorization of certain DIVISION C—DEPARTMENT OF ENERGY CONSTRUCTION fiscal year 2010 projects. NATIONAL SECURITY AUTHORIZATIONS Sec. 2201. Authorized Navy construction and Sec. 2613. Modification of authority to carry AND OTHER AUTHORIZATIONS land acquisition projects. out certain fiscal year 2011 Sec. 2202. Family housing. project. TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS Sec. 2203. Improvements to military family TITLE XXVII—BASE REALIGNMENT AND housing units. CLOSURE ACTIVITIES Subtitle A—National Security Programs Authorizations Sec. 2204. Authorization of appropriations, Sec. 2701. Authorization of appropriations for Navy. base realignment and closure ac- Sec. 3101. National Nuclear Security Adminis- Sec. 2205. Modification of authority to carry tivities funded through Depart- tration. out certain fiscal year 2012 ment of Defense Base Closure Ac- Sec. 3102. Defense environmental cleanup. project. count 1990. Sec. 3103. Other defense activities. Sec. 2206. Extension of authorizations of cer- Sec. 2702. Authorization of appropriations for tain fiscal year 2009 projects. Subtitle B—Program Authorizations, base realignment and closure ac- Sec. 2207. Extension of authorizations of cer- Restrictions, and Limitations tivities funded through Depart- tain fiscal year 2010 projects. ment of Defense Base Closure Ac- Sec. 3111. Replacement project for Chemistry Sec. 2208. Realignment of Marines in the Asia- count 2005. and Metallurgy Research Build- Pacific Region. Sec. 2703. Technical amendments to section 2702 ing, Los Alamos National Labora- TITLE XXIII—AIR FORCE MILITARY of fiscal year 2012 Act. tory, New Mexico. CONSTRUCTION Sec. 2704. Criteria for decisions involving cer- Sec. 3112. Submittal to Congress of selected ac- Sec. 2301. Authorized Air Force construction tain base closure and realignment quisition reports and independent and land acquisition projects. activities. cost estimates on nuclear weapon Sec. 2302. Family housing. Sec. 2705. Modification of notice requirements systems undergoing life extension. Sec. 2303. Improvements to military family in advance of permanent reduc- Sec. 3113. Two-year extension of schedule for housing units. tion of sizable numbers of mem- disposition of weapons-usable Sec. 2304. Authorization of appropriations, Air bers of the Armed Forces at mili- plutonium at Savannah River Force. tary installations. Site, Aiken, South Carolina. Sec. 2305. Extension of authorizations of cer- Sec. 2706. Report on reorganization of Air Force Sec. 3114. Program on scientific engagement for tain fiscal year 2010 projects. Materiel Command organizations. nonproliferation. TITLE XXIV—DEFENSE AGENCIES TITLE XXVIII—MILITARY CONSTRUCTION Sec. 3115. Repeal of requirement for annual up- MILITARY CONSTRUCTION GENERAL PROVISIONS date of Department of Energy defense nuclear facilities workforce Subtitle A—Defense Agency Authorizations Subtitle A—Military Construction Program and restructuring plan. Military Family Housing Changes Sec. 2401. Authorized Defense Agencies con- Sec. 3116. Quarterly reports to Congress on fi- struction and land acquisition Sec. 2801. Authorized cost and scope variations. nancial balances for atomic en- projects. Sec. 2802. Comptroller General report on in- ergy defense activities. Sec. 2402. Authorized energy conservation kind payments. Sec. 3117. Transparency in contractor perform- projects. Sec. 2803. Extension of temporary, limited au- ance evaluations by the National Sec. 2403. Authorization of appropriations, De- thority to use operation and Nuclear Security Administration fense Agencies. maintenance funds for construc- leading to award fees. Sec. 2404. Extension of authorization of certain tion projects in certain areas out- Sec. 3118. Expansion of authority to establish fiscal year 2010 project. side the United States. certain scientific, engineering, Sec. 2405. Modification of authority to carry Subtitle B—Real Property and Facilities and technical positions. out certain fiscal year 2012 Administration project. Sec. 3119. Modification and extension of au- Sec. 2406. Additional authority to carry out cer- Sec. 2811. Authority to accept as consideration thority on acceptance of contribu- tain fiscal year 2013 project. for leases of non-excess property tions for acceleration of removal of military departments and De- or security of fissile materials, ra- Subtitle B—Chemical Demilitarization fense Agencies real property inter- diological materials, and related Authorizations ests and natural resource manage- equipment at vulnerable sites Sec. 2411. Authorization of appropriations, ment services related to agree- worldwide. chemical demilitarization con- ments to limit encroachment. Sec. 3120. Cost containment for Y–12 Uranium struction, defense-wide. Sec. 2812. Clarification of parties with whom Processing Facility, Y–12 National Sec. 2412. Modification of authority to carry Department of Defense may con- Security Complex, Oak Ridge, out certain fiscal year 1997 duct exchanges of real property at Tennessee. project. military installations. Sec. 3121. Authority to restore certain formerly TITLE XXV—NORTH ATLANTIC TREATY Subtitle C—Energy Security Restricted Data to the Restricted ORGANIZATION SECURITY INVESTMENT Sec. 2821. Guidance on financing for renewable Data category. PROGRAM energy projects. Sec. 3122. Renewable energy. Sec. 2501. Authorized NATO construction and Sec. 2822. Continuation of limitation on use of Subtitle C—Reports land acquisition projects. funds for Leadership in Energy Sec. 3131. Report on actions required for transi- Sec. 2502. Authorization of appropriations, and Environmental Design tion of regulation of non-nuclear NATO. (LEED) Gold or Platinum certifi- activities of the National Nuclear TITLE XXVI—GUARD AND RESERVE cation. Security Administration to other FORCES FACILITIES Subtitle D—Land Conveyances Federal agencies. Subtitle A—Project Authorizations and Sec. 2831. Land conveyance, local training area Sec. 3132. Report on consolidation of facilities Authorization of Appropriations for Browning Army Reserve Cen- of the National Nuclear Security Sec. 2601. Authorized Army National Guard ter, Utah. Administration. construction and land acquisition Sec. 2832. Use of proceeds, land conveyance, Sec. 3133. Regional radiological security zones. projects. Tyndall Air Force Base, Florida. Sec. 3134. Report on legacy uranium mines.

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00048 Fmt 4624 Sfmt 6343 E:\CR\FM\A12DE6.041 S12DEPT1 tjames on DSK6SPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — SENATE S7801 Sec. 3135. Comptroller General of the United DIVISION E—HOUSING ASSISTANCE FOR contract for a fiscal year after fiscal year 2013 States review of projects carried VETERANS is subject to the availability of appropriations out by Office of Environmental TITLE L—HOUSING ASSISSTANCE FOR for that purpose for such later fiscal year. Management of the Department of VETERANS Subtitle C—Navy Programs Energy pursuant to the American Sec. 5001. Short title. SEC. 121. REFUELING AND COMPLEX OVERHAUL Recovery and Reinvestment Act of Sec. 5002. Definitions. OF THE U.S.S. ABRAHAM LINCOLN. 2009. Sec. 5003. Establishment of a pilot program. (a) AMOUNT AUTHORIZED FROM SCN AC- Subtitle D—Other Matters DIVISION F—STOLEN VALOR ACT COUNT.—Of the amount authorized to be appropriated for fiscal year 2013 by section 101 and Sec. 3141. Sense of Congress on oversight of the TITLE LI—STOLEN VALOR ACT nuclear security enterprise. available for shipbuilding and conversion as Sec. 5011. Short title. specified in the funding table in section 4101, Subtitle E—American Medical Isotopes Sec. 5012. Findings. Production $1,613,392,000 is authorized to be available for Sec. 5013. Military medals or decorations. the commencement of the nuclear refueling and Sec. 3151. Short title. Sec. 5014. Severability. complex overhaul of the U.S.S. Abraham Lin- Sec. 3152. Definitions. DIVISION G—MISCELLANEOUS coln (CVN–72) during fiscal year 2013. The Sec. 3153. Improving the reliability of domestic amount authorized to be made available in the medical isotope supply. TITLE LII—MISCELLANEOUS preceding sentence is the first increment in the Sec. 3154. Exports. Sec. 5021. Public Safety Officers’ Benefits Pro- two-year sequence of incremental funding Sec. 3155. Report on disposition of exports. gram. planned for the nuclear refueling and complex Sec. 3156. Domestic medical isotope production. Sec. 5022. Scientific framework for recalcitrant overhaul of that vessel. Sec. 3157. Annual Department reports. cancers. (b) CONTRACT AUTHORITY.—The Secretary of Sec. 3158. National Academy of Sciences report. Sec. 5023. United States Advisory Commission the Navy may enter into a contract during fiscal Sec. 3159. Repeal. on Public Diplomacy. Sec. 5024. Removal of action. year 2013 for the nuclear refueling and complex Subtitle F—Other Matters overhaul of the U.S.S. Abraham Lincoln. Sec. 3161. Congressional advisory panel on the TITLE LIII—GAO MANDATES REVISION (c) CONDITION FOR OUT-YEAR CONTRACT PAY- governance structure of the Na- ACT MENTS.—A contract entered into under sub- tional Nuclear Security Adminis- Subtitle A—GAO Mandates Revision Act section (b) shall provide that any obligation of tration and its relationship to Sec. 5301. Short title. the United States to make a payment under the other Federal agencies. Sec. 5302. Repeals and modifications. contract for a fiscal year after fiscal year 2013 TITLE XXXII—DEFENSE NUCLEAR Subtitle B—Improper Payments Elimination and is subject to the availability of appropriations FACILITIES SAFETY BOARD Recovery Improvement Act for that purpose for that later fiscal year. Sec. 3201. Authorization. Sec. 5311. Short title. SEC. 122. FORD CLASS AIRCRAFT CARRIERS. (a) CONTRACT AUTHORITY FOR CONSTRUCTION TITLE XXXV—MARITIME Sec. 5312. Definitions. OF AIRCRAFT CARRIERS DESIGNATED CVN–78, ADMINISTRATION Sec. 5313. Improving the determination of im- CVN–79, AND CVN–80.—In the fiscal year imme- Sec. 3501. Short title. proper payments by Federal agencies. diately following the last fiscal year of the con- Sec. 3502. Container-on-barge transportation. tract for advance procurement for a CVN–21 Sec. 3503. Short sea transportation. Sec. 5314. Improper payments information. Sec. 5315. Do not pay initiative. class aircraft carrier designated CVN–78, CVN– Sec. 3504. Maritime environmental and tech- 79 or CVN–80, the Secretary of the Navy may nical assistance. Sec. 5316. Improving recovery of improper payments. enter into a contract for the construction of Sec. 3505. Identification of actions to enable such aircraft carrier to be funded in the fiscal qualified United States flag ca- Subtitle C—Sense of Congress Regarding year of such contract for construction and the pacity to meet national defense Spectrum. succeeding four fiscal years, in the case of the requirements. Sec. 5317. Sense of Congress regarding spec- vessel designated CVN–78, and the succeeding Sec. 3506. Maritime workforce study. trum. five fiscal years, in the case of the vessels des- Sec. 3507. Maritime administration vessel recy- ignated CVN–79 and CVN–80. cling contract award practices. SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES. (b) CONDITION FOR OUT-YEAR CONTRACT PAY- Sec. 3508. Requirement for barge design. For purposes of this Act, the term ‘‘congres- MENTS.—A contract entered into under sub- Sec. 3509. Eligibility to receive surplus training sional defense committees’’ has the meaning section (a) shall provide that any obligation of equipment. given that term in section 101(a)(16) of title 10, the United States to make a payment under the DIVISION D—FUNDING TABLES United States Code. contract for any subsequent fiscal year is sub- Sec. 4001. Authorization of amounts in funding SEC. 4. SCORING OF BUDGETARY EFFECTS. ject to the availability of appropriations for that tables. The budgetary effects of this Act, for the pur- purpose for such subsequent fiscal year. (c) REPEAL OF SUPERSEDED PROVISION.—Sec- TITLE XLI—PROCUREMENT pose of complying with the Statutory Pay-As- You-Go-Act of 2010, shall be determined by ref- tion 121 of the John Warner National Defense Sec. 4101. Procurement. erence to the latest statement titled ‘‘Budgetary Authorization Act for Fiscal Year 2007 (Public Sec. 4102. Procurement for overseas contingency Effects of PAYGO Legislation’’ for this Act, sub- Law 109–364; 120 Stat. 2104) is repealed. operations. mitted for printing in the Congressional Record SEC. 123. LIMITATION ON AVAILABILITY OF TITLE XLII—RESEARCH, DEVELOPMENT, by the Chairman of the Senate Budget Com- AMOUNTS FOR SECOND FORD CLASS TEST, AND EVALUATION mittee, provided that such statement has been AIRCRAFT CARRIER. Sec. 4201. Research, development, test, and submitted prior to the vote on passage. (a) LIMITATION.—Of the amount authorized to evaluation. be appropriated for fiscal year 2013 by section DIVISION A—DEPARTMENT OF DEFENSE 101 and available for shipbuilding and conver- Sec. 4202. Research, development, test, and AUTHORIZATIONS evaluation for overseas contin- sion for the second Ford class aircraft carrier as TITLE I—PROCUREMENT gency operations. specified in the funding table in section 4101, Subtitle A—Authorization of Appropriations not more than 50 percent of such amount may be TITLE XLIII—OPERATION AND obligated or expended until the Secretary of the MAINTENANCE SEC. 101. AUTHORIZATION OF APPROPRIATIONS. Funds are hereby authorized to be appro- Navy submits to the congressional defense com- Sec. 4301. Operation and maintenance. priated for fiscal year 2013 for procurement for mittees a report setting forth a description of the Sec. 4302. Operation and maintenance for over- the Army, the Navy and the Marine Corps, the program management and cost control measures seas contingency operations. Air Force, and Defense-wide activities, as speci- that will be employed in constructing the second TITLE XLIV—MILITARY PERSONNEL fied in the funding table in section 4101. Ford class aircraft carrier. (b) ELEMENTS.—The report described in sub- Sec. 4401. Military personnel. Subtitle B—Army Programs Sec. 4402. Military personnel for overseas con- section (a) shall include a plan to do the fol- tingency operations. SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY lowing with respect to the Ford class aircraft FOR ARMY CH–47F HELICOPTERS. carriers: TITLE XLV—OTHER AUTHORIZATIONS (a) AUTHORITY FOR MULTIYEAR PROCURE- (1) To maximize planned work in shops and Sec. 4501. Other authorizations. MENT.—Subject to section 2306b of title 10, early stages of construction. Sec. 4502. Other authorizations for overseas United States Code, the Secretary of the Army (2) To sequence construction of structural contingency operations. may enter into a multiyear contract or con- units to maximize the effects of lessons learned. TITLE XLVI—MILITARY CONSTRUCTION tracts, beginning with the fiscal year 2013 pro- (3) To incorporate design changes to improve gram year, for the procurement of airframes for producibility for the Ford class aircraft carriers. Sec. 4601. Military construction. CH–47F helicopters. (4) To increase the size of erection units to TITLE XLVII—DEPARTMENT OF ENERGY (b) CONDITION FOR OUT-YEAR CONTRACT PAY- eliminate disruptive unit breaks and improve NATIONAL SECURITY PROGRAMS MENTS.—A contract entered into under sub- unit alignment and fairness. Sec. 4701. Department of Energy national secu- section (a) shall provide that any obligation of (5) To increase outfitting levels for assembled rity authorizations. the United States to make a payment under the units before erection in the dry-dock.

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00049 Fmt 4624 Sfmt 6333 E:\CR\FM\A12DE6.041 S12DEPT1 tjames on DSK6SPTVN1PROD with S7802 CONGRESSIONAL RECORD — SENATE December 12, 2012 (6) To increase overall ship completion levels section (a) shall provide that any obligation of Selected Acquisition Reports, unit cost reports, at each key construction event. the United States to make a payment under the and program baselines. (7) To improve facilities in a manner that will contract for a fiscal year after fiscal year 2013 (b) ADDITIONAL QUARTERLY REPORTS.—The lead to improved productivity. is subject to the availability of appropriations or Secretary shall submit to the congressional de- (8) To ensure the shipbuilder initiates plans funds for that purpose for such later fiscal year. fense committees on a quarterly basis a report that will improve productivity through capital SEC. 126. AUTHORITY FOR RELOCATION OF CER- on the development and production of each var- improvements that would provide targeted re- TAIN AEGIS WEAPON SYSTEM AS- iant of the mission modules in support of the turn on investment, including— SETS BETWEEN AND WITHIN THE Littoral Combat Ship, including cost, schedule, (A) increasing the amount of temporary and DDG–51 CLASS DESTROYER AND and performance, and identifying actual and permanent covered work areas; AEGIS ASHORE PROGRAMS IN potential problems with such development or (B) adding ramps and service towers for im- ORDER TO MEET MISSION REQUIRE- production and potential mitigation plans to ad- MENTS. proved access to work sites and the dry-dock; dress such problems. (a) AUTHORITY.— and SEC. 128. TRANSFER OF CERTAIN FISCAL YEAR (1) TRANSFER TO AEGIS ASHORE SYSTEM.—Not- (C) increasing lift capacity to enable construc- 2012 PROCUREMENT OF AMMUNI- tion of larger, more fully outfitted super-lifts. withstanding any other provision of law, the TION, NAVY AND MARINE CORPS Secretary of the Navy may transfer AEGIS SEC. 124. MULTIYEAR PROCUREMENT AUTHORITY FUNDS. FOR VIRGINIA CLASS SUBMARINE Weapon System (AWS) equipment with ballistic (a) IN GENERAL.—To the extent provided in PROGRAM. missile defense (BMD) capability to the Missile appropriations Acts, the Secretary of the Navy (a) AUTHORITY FOR MULTIYEAR PROCURE- Defense Agency for use in the AEGIS Ashore may transfer from fiscal year 2012 Procurement MENT.—Subject to section 2306b of title 10, System of the Agency for installation in the of Ammunition, Navy and Marine Corps funds, United States Code, the Secretary of the Navy country designated as Host Nation #1 (HN–1) by $88,300,000 to other, higher priority programs of may enter into multiyear contracts, beginning transferring to the Agency such equipment pro- the Navy and the Marine Corps. with the fiscal year 2014 program year, for procured with amounts authorized to be appro- (b) COVERED FUNDS.—For purposes of this sec- curement of Virginia class submarines and Gov- priated to the SCN account for fiscal years 2010 tion, the term ‘‘fiscal year 2012 Procurement of ernment-furnished equipment associated with and 2011 for the DDG–51 Class Destroyer Pro- Ammunition, Navy and Marine Corps funds’’ the Virginia class submarine program. gram. means amounts authorized to be appropriated (b) AUTHORITY FOR ADVANCE PROCUREMENT.— (2) ADJUSTMENTS IN EQUIPMENT DELIVERIES.— for fiscal year 2012 by section 101 of the Na- The Secretary may enter into one or more con- (A) USE OF FY12 FUNDS FOR AWS SYSTEMS ON tional Defense Authorization Act for Fiscal tracts, beginning in fiscal year 2013, for advance DESTROYERS PROCURED WITH FY11 FUNDS.— Year 2012 (Public Law 112–81; 125 Stat. 1317) procurement associated with the vessels and Amounts authorized to be appropriated to the and available for Procurement of Ammunition, equipment for which authorization to enter into SCN account for fiscal year 2012, and any Navy and Marine Corps as specified in the a multiyear procurement contract is provided AEGIS Weapon System assets procured with funding table in section 4101 of that Act. under subsection (a). such amounts, may be used to deliver complete, (c) EFFECT ON AUTHORIZATION AMOUNTS.—A (c) CONDITION FOR OUT-YEAR CONTRACT PAY- mission-ready AEGIS Weapon Systems with bal- transfer made from one account to another MENTS.—A contract entered into under sub- listic missile defense capability to any DDG–51 under the authority of this section shall be section (a) shall provide that any obligation of class destroyer for which amounts were author- deemed to increase the amount authorized for the United States to make a payment under the ized to be appropriated for the SCN account for the account to which the amount is transferred contract for a fiscal year after fiscal year 2013 fiscal year 2011. by an amount equal to the amount transferred. is subject to the availability of appropriations or (B) USE OF AWS SYSTEMS PROCURED WITH RDTE (d) CONSTRUCTION OF AUTHORITY.—The trans- funds for that purpose for such later fiscal year. FUNDS ON DESTROYERS.—The Secretary may in- fer authority in this section is in addition to (d) LIMITATION ON TERMINATION LIABILITY.— stall on any DDG–51class destroyer AEGIS any other transfer authority provided in this contract for construction of vessels or equip- weapon systems with ballistic missile defense ca- Act. ment, entered into in accordance with sub- pability transferred pursuant to paragraph (3). SEC. 129. TRANSFER OF CERTAIN FISCAL YEAR section (a) shall include a clause that limits the (3) TRANSFER FROM AEGIS ASHORE SYSTEM.— 2012 PROCUREMENT, MARINE CORPS liability of the Government to the contractor for The Director of the Missile Defense Agency shall FUNDS FOR PROCUREMENT OF any termination of the contract. The maximum transfer AEGIS Weapon System equipment with WEAPONS AND COMBAT VEHICLES. liability of the Government under the clause ballistic missile defense capability procured for (a) IN GENERAL.—To the extent provided in shall be the amount appropriated for the vessels installation in the AEGIS Ashore System to the appropriations Acts, the Secretary of the Navy or equipment covered by the contract. Addition- Department of the Navy for the DDG–51 Class may transfer from fiscal year 2012 Procurement, ally, in the event of cancellation, the maximum Destroyer Program to replace any equipment Marine Corps funds for procurement of weapons liability of the Government shall include the transferred to Agency under paragraph (1). and combat vehicles, $135,200,000 to other, high- amount of the unfunded cancellation ceiling in (4) TREATMENT OF TRANSFER IN FUNDING DE- er priority programs of the Navy and the Marine the contract. STROYER CONSTRUCTION.—Notwithstanding the Corps. (e) AUTHORITY TO EXPAND MULTIYEAR PRO- source of funds for any equipment transferred (b) COVERED FUNDS.—For purposes of this sec- CUREMENT.—The Secretary may employ incre- under paragraph (3), the Secretary shall fund tion, the term ‘‘fiscal year 2012 Procurement, mental funding for the procurement of Virginia all work necessary to complete construction and Marine Corps funds for procurement of weapons class submarines and Government-furnished outfitting of any destroyer in which such equip- and combat vehicles’’ means amounts author- equipment associated with the Virginia class ment is installed in the same manner as if such ized to be appropriated for fiscal year 2012 by submarines to be procured during fiscal years equipment had been acquired using amounts in section 101 of the National Defense Authoriza- 2013 through 2018 if the Secretary— the SCN account. tion Act for Fiscal Year 2012 (Public Law 112–81; (1) determines that such an approach will per- (5) SCN ACCOUNT DEFINED.—In this sub- 125 Stat. 1317) and available for Procurement, mit the Navy to procure an additional Virginia section, the term ‘‘SCN account’’ means the Marine Corps for the procurement of weapons class submarine in fiscal year 2014; and Shipbuilding and Conversion, Navy account. and combat vehicles as specified in the funding (2) intends to use the funding for that pur- (b) RELATIONSHIP TO OTHER LAW.—Nothing in table in section 4101 of that Act. pose. this section shall be construed to repeal or oth- (c) EFFECT ON AUTHORIZATION AMOUNTS.—A SEC. 125. MULTIYEAR PROCUREMENT AUTHORITY erwise modify in any way the limitation on obli- transfer made from one account to another FOR ARLEIGH BURKE CLASS DE- gation or expenditure of funds for missile de- under the authority of this section shall be STROYERS AND ASSOCIATED SYS- fense interceptors in Europe as specified in sec- deemed to increase the amount authorized for TEMS. tion 223 of the Ike Skelton National Defense Au- the account to which the amount is transferred (a) AUTHORITY FOR MULTIYEAR PROCURE- thorization Act for Fiscal Year 2011 Public Law by an amount equal to the amount transferred. MENT.—Subject to section 2306b of title 10, 111–383; 124 Stat. 4168). (d) CONSTRUCTION OF AUTHORITY.—The trans- United States Code, the Secretary of the Navy SEC. 127. DESIGNATION OF MISSION MODULES OF fer authority in this section is in addition to may enter into multiyear contracts, beginning THE LITTORAL COMBAT SHIP AS A any other transfer authority provided in this with the fiscal year 2013 program year, for the MAJOR DEFENSE ACQUISITION PRO- Act. procurement of up to 10 Arleigh Burke class GRAM. SEC. 130. SENSE OF CONGRESS ON MARINE Flight IIA guided missile destroyers, as well as (a) DESIGNATION REQUIRED.—The Secretary of CORPS AMPHIBIOUS LIFT AND PRES- the AEGIS Weapon Systems, MK 41 Vertical Defense shall— ENCE REQUIREMENTS. Launching Systems, and Commercial Broadband (1) designate the effort to develop and produce (a) FINDINGS.—Congress makes the following Satellite Systems associated with those vessels. all variants of the mission modules in support of findings: (b) AUTHORITY FOR ADVANCE PROCUREMENT.— the Littoral Combat Ship program as a major de- (1) The United States Marine Corps is a com- The Secretary may enter into one or more con- fense acquisition program under section 2430 of bat force which leverages maneuver from the sea tracts, beginning in fiscal year 2013, for advance title 10, United States Code; and as a force multiplier allowing for a variety of procurement associated with the vessels and sys- (2) with respect to the development and pro- operational tasks ranging from major combat tems for which authorization to enter into a duction of each variant, submit to the congres- operations to humanitarian assistance. multiyear procurement contract is provided sional defense committees a report setting forth (2) The United States Marine Corps is unique under subsection (a). such cost, schedule, and performance informa- in that, while embarked upon Naval vessels, (c) CONDITION FOR OUT-YEAR CONTRACT PAY- tion as would be provided if such effort were a they bring all the logistic support necessary for MENTS.—A contract entered into under sub- major defense acquisition program, including the full range of military operations, operating

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00050 Fmt 4624 Sfmt 6333 E:\CR\FM\A12DE6.041 S12DEPT1 tjames on DSK6SPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — SENATE S7803 ‘‘from the sea’’ they require no third party host (1) by striking ‘‘Effective October 1, 2011, the’’ nication, navigation, surveillance, and air traf- nation permission to conduct military oper- and inserting ‘‘The’’; and fic management program for the C–130 aircraft. ations. (2) by striking ‘‘301 aircraft’’ and inserting (3) The projected manpower savings to be de- (3) The Department of the Navy has a require- ‘‘275 aircraft’’. rived from the current program of record for the ment for 38 amphibious assault ships to meet (b) MODIFICATION OF CERTIFICATION REQUIRE- Avionics Modernization Program for the C–130 this full range of military operations. MENT.—Section 137(d)(3)(B) of the National De- aircraft in comparison with the projected man- (4) Due to fiscal constraints only, that re- fense Authorization Act for Fiscal Year 2010 power savings to be derived from any proposed quirement of 38 vessels was reduced to 33 vessels, (Public Law 111–84; 123 Stat. 2221) is amended alternative communication, navigation, surveil- which adds military risk to future operations. by striking ‘‘316 strategic airlift aircraft’’ and lance, and air traffic management program for (5) The Department of the Navy has been un- inserting ‘‘275 strategic airlift aircraft’’. the C–130 aircraft. able to meet even the minimal requirement of 30 (c) PRESERVATION OF CERTAIN RETIRED C–5 SEC. 144. PROCUREMENT OF SPACE-BASED IN- operationally available vessels and has sub- AIRCRAFT.—The Secretary of the Air Force shall FRARED SYSTEM SATELLITES. mitted a shipbuilding and ship retirement plan preserve each C–5 aircraft retired by the Sec- (a) CONTRACT AUTHORITY.— to Congress which will reduce the force to 28 retary after September 30, 2012, such that the (1) IN GENERAL.—The Secretary of the Air vessels. aircraft— Force may procure two space-based infrared (6) Experience has shown that early engineer- (1) is stored in flyable condition; system satellites by entering into a fixed-price ing and design of naval vessels has significantly (2) can be returned to service; and contract for such procurement. (2) COST REDUCTION.—The Secretary may in- reduced the acquisition costs and life-cycle costs (3) is not used to supply parts to other aircraft clude in a contract entered into under para- of those vessels. unless specifically authorized by the Secretary graph (1) the following: (b) SENSE OF CONGRESS.—It is the sense of of Defense upon a request by the Secretary of (A) The procurement of material and equip- Congress that— the Air Force. ment in economic order quantities if the pro- (1) the Department of Defense should care- SEC. 142. TREATMENT OF CERTAIN PROGRAMS curement of such material and equipment in fully evaluate the maritime force structure nec- FOR THE F–22A RAPTOR AIRCRAFT such quantities will result in cost savings. essary to execute demand for forces by the com- AS MAJOR DEFENSE ACQUISITION PROGRAMS. (B) Cost reduction initiatives. manders of the combatant commands; (3) USE OF INCREMENTAL FUNDING.—The Sec- (2) the Department of the Navy carefully (a) IN GENERAL.—The Secretary of Defense shall treat the programs referred to in sub- retary may use incremental funding for a con- evaluate amphibious lift capabilities to meet tract entered into under paragraph (1) for a pe- current and projected requirements; section (b) for the F–22A Raptor aircraft as a major defense acquisition program for which Se- riod not to exceed six fiscal years. (3) the Department of the Navy should con- (4) LIABILITY.—A contract entered into under sider prioritization of investment in and pro- lected Acquisition Reports shall be submitted to Congress in accordance with the requirements of paragraph (1) shall provide that— curement of the next generation of amphibious (A) any obligation of the United States to section 2432 of title 10, United States Code. assault ships, as a component of the balanced make a payment under the contract is subject to (b) COVERED PROGRAMS.—The programs re- battle force; the availability of appropriations for that pur- ferred to in this subsection for the F–22A Raptor (4) the next generation amphibious assault pose; and aircraft are the following: ships should maintain survivability protection; (B) the total liability of the Federal Govern- (1) Any modernization program through In- (5) operation and maintenance requirements ment for the termination of the contract shall be crement 3.2A. analysis, as well as the potential to leverage a limited to the total amount of funding obligated (2) The Reliability and Maintainability Matu- common hull form design, should be considered at the time of the termination of the contract. ration Program (RAMMP) and the Structural to reduce total ownership cost and acquisition (b) LIMITATION OF COSTS.— Repair Program (SRP II). (1) LIMITATION.—Except as provided in sub- cost; and (3) The modernization Increment 3.2B and (6) maintaining a robust amphibious ship section (c), and excluding amounts described in any future F–22A Raptor aircraft modernization paragraph (2), the total amount obligated or ex- building industrial base is vital for the future of program that would otherwise, if a standalone the national security of the United States. pended for the procurement of two space-based program, qualify for treatment as a major de- infrared system satellites authorized by sub- SEC. 131. SENSE OF SENATE ON DEPARTMENT OF fense acquisition program for purposes of chap- section (a) may not exceed $3,900,000,000. NAVY FISCAL YEAR 2014 BUDGET RE- ter 144 of title 10, United States Code. QUEST FOR TACTICAL AVIATION AIR- (2) EXCLUSION.—The amounts described in CRAFT. SEC. 143. AVIONICS SYSTEMS FOR C–130 AIR- this paragraph are amounts associated with the It is the sense of Senate that, if the budget re- CRAFT. following: quest of the Department of the Navy for fiscal (a) LIMITATIONS.— (A) Plans. year 2014 for F–18 aircraft includes a request for (1) AVIONICS MODERNIZATION PROGRAM.—The (B) Technical data packages. (C) Post-delivery and program-related support funds for more than 13 new F–18 aircraft, the Secretary of the Air Force shall take no action costs. budget request of the Department of the Navy to cancel or modify the Avionics Modernization Program (AMP) for the C–130 aircraft until 30 (D) Technical support for obsolescence stud- for fiscal year 2014 for F–35 aircraft should in- ies. clude a request for funds for not fewer than 6 days after the date of the submittal to the congressional defense committees of the report re- (c) ADJUSTMENT TO LIMITATION AMOUNT.— F–35B aircraft and 4 F–35C aircraft, presuming (1) IN GENERAL.—The Secretary may increase that development, testing, and production of the quired by subsection (b). (2) CNS/ATM PROGRAM.— the limitation set forth in subsection (b)(1) by F–35 aircraft are proceeding according to cur- (A) IN GENERAL.—The Secretary shall take no the amount of an increase described in para- rent plans. action described in subparagraph (B) until 30 graph (2) if the Secretary submits to the con- SEC. 132. SPIDERNET/SPECTRAL WARRIOR HARD- days after the date of the submittal to the congressional defense committees written notifica- WARE. gressional defense committees of the report re- tion of the increase made to that limitation. (2) INCREASE DESCRIBED.—An increase de- (a) ADDITIONAL AMOUNT FOR OTHER PRO- quired by subsection (b). CUREMENT AVY scribed in this paragraph is one of the fol- , N .—The amount authorized to be (B) COVERED ACTIONS.—An action described in appropriated for fiscal year 2013 by section 101 this subparagraph is an action to begin an allowing: (A) An increase in costs that is attributable to is hereby increased by $2,000,000, with the ternative communication, navigation, surveil- economic inflation after September 30, 2012. amount of the increase to be available for lance, and air traffic management (CNS/ATM) amounts authorized to be appropriated by that (B) An increase in costs that is attributable to program for the C–130 aircraft that is designed compliance with changes in Federal, State, or section and available for other procurement, or intended— Navy, Satellite Communications, line 085, Sat- local laws enacted after September 30, 2012. (i) to meet international communication, navi- (C) An increase in the cost of a space-based ellite Communications Systems, as specified in gation, surveillance, and air traffic management the funding table in section 4101. infrared system satellite that is attributable to standards for the fleet of C–130 aircraft; or the insertion of a new technology into the sat- (b) AVAILABILITY OF AMOUNT.—To the extent (ii) to replace the current Avionics Moderniza- provided in appropriations Acts, the amount au- ellite that was not built into such satellites pro- tion Program for the C–130 aircraft. cured before fiscal year 2013, if the Secretary de- thorized and made available by subsection (a) (b) REPORT.—Not later than 30 days after the may be obligated and expended for a new pro- termines, and certifies to the congressional de- date of the enactment of this Act, the Secretary fense committees, that insertion of the new tech- gram to procure SPIDERNet/Spectral Warrior of Defense shall submit to the congressional de- Hardware and installation in order to provide a nology into the satellite is— fense committees report on the results of a study (i) expected to decrease the life-cycle cost of cloud network for Spectral Warrior terminals in to be conducted by the Office of Cost Assessment the satellite; or support of requirements of the commanders of and Program Evaluation of the Department of (ii) required to meet an emerging threat that the combatant commands. Defense on the following: poses grave harm to the national security of the Subtitle D—Air Force Programs (1) The costs and schedule to complete the United States. SEC. 141. REDUCTION IN NUMBER OF AIRCRAFT current program of record for the Avionics Mod- (d) REPORTS.— REQUIRED TO BE MAINTAINED IN ernization Program for the C–130 aircraft, as (1) REPORT ON CONTRACTS.—Not later than 30 STRATEGIC AIRLIFT AIRCRAFT IN- anticipated at the time of the last certification days after the date on which the Secretary en- VENTORY. on that program under section 2433a of title 10, ters into a contract under subsection (a), the (a) REDUCTION IN INVENTORY REQUIREMENT.— United States Code. Secretary shall submit to the congressional de- Section 8062(g)(1) of title 10, United States Code, (2) The total cost and schedule, from start to fense committees a report on the contract that is amended— completion, of any proposed alternative commu- includes the following:

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00051 Fmt 4624 Sfmt 6333 E:\CR\FM\A12DE6.041 S12DEPT1 tjames on DSK6SPTVN1PROD with S7804 CONGRESSIONAL RECORD — SENATE December 12, 2012 (A) The total cost savings resulting from the under the authority of this section shall be section and available for procurement, Defense- authority provided by subsection (a). deemed to increase the amount authorized for wide, other procurement programs, line 079, (B) The type and duration of the contract. the account to which the amount is transferred Combat mission requirements, as specified in the (C) The total value of the contract. by an amount equal to the amount transferred. funding table in section 4101. (D) The funding profile under the contract by (d) CONSTRUCTION OF AUTHORITY.—The trans- (b) AVAILABILITY OF AMOUNT.—To the extent year. fer authority in this section is in addition to provided in appropriations Acts, the amount au- (E) The terms of the contract regarding the any other transfer authority provided in this thorized and made available by subsection (a) treatment of changes by the Federal Govern- Act. may be obligated and expended for a new pro- ment to the requirements of the contract, includ- gram to procure color electro-optical and infra- Subtitle E—Joint and Multiservice Matters ing how any such changes may affect the suc- red imaging sensors for AC–130 aircraft used by cess of the contract. SEC. 151. MULTIYEAR PROCUREMENT AUTHORITY the United States Special Operations Command (2) PLAN FOR USING COST SAVINGS.—Not later FOR V–22 JOINT AIRCRAFT PRO- in ongoing contingency operations. GRAM. than 90 days after the date on which the Sec- TITLE II—RESEARCH, DEVELOPMENT, (a) AUTHORITY FOR MULTIYEAR PROCURE- retary enters into a contract under subsection TEST, AND EVALUATION (a), the Secretary shall submit to the congres- MENT.—Subject to section 2306b of title 10, Subtitle A—Authorization of Appropriations sional defense committees a plan for using the United States Code, the Secretary of the Navy cost savings described in paragraph (1)(A) to im- may enter into a multiyear contract or con- SEC. 201. AUTHORIZATION OF APPROPRIATIONS. prove the capability of military infrared and tracts, beginning with the fiscal year 2013 pro- Funds are hereby authorized to be appro- early warning satellites that includes a descrip- gram year, for the procurement of V–22 aircraft priated for fiscal year 2013 for the use of the De- tion of the following: for the Department of the Navy, the Department partment of Defense for research, development, (A) The available funds, by year, resulting of the Air Force, and the United States Special test, and evaluation as specified in the funding from such cost savings. Operations Command. table in section 4201. (B) The specific activities or subprograms to (b) CONDITION FOR OUT-YEAR CONTRACT PAY- Subtitle B—Program Requirements, be funded using such cost savings and the MENTS.—A contract entered into under sub- Restrictions, and Limitations funds, by year, allocated to each such activity section (a) shall provide that any obligation of SEC. 211. NEXT GENERATION FOUNDRY FOR THE or subprogram. the United States to make a payment under the DEFENSE MICROELECTRONICS AC- (C) The objectives for each such activity or contract for a fiscal year after fiscal year 2013 TIVITY. subprogram. is subject to the availability of appropriations Amounts authorized to be appropriated for (D) The criteria used by the Secretary to de- for that purpose for such later fiscal year. fiscal year 2013 by section 201 and available for termine which such activities or subprograms to SEC. 152. LIMITATION ON AVAILABILITY OF research, development, test, and evaluation for fund. FUNDS FOR FULL-RATE PRODUC- the Next Generation Foundry for the Defense (E) The method by which the Secretary will TION OF HANDHELD, MANPACK, AND Microelectronics Activity (DMEA) (PE #603720S) determine which such activities or subprograms SMALL FORM/FIT RADIOS UNDER as specified in the funding table in section 4201 to fund, including whether that determination THE JOINT TACTICAL RADIO SYSTEM may not be obligated or expended for that pur- will be on a competitive basis. PROGRAM. pose until 60 days after the date on which the (F) The plan for encouraging participation in Amounts available for the Joint Tactical Assistant Secretary of Defense for Research and such activities and subprograms by small busi- Radio System (JTRS) program may not be obli- Engineering— nesses. gated or expended for full-rate production of the (1) develops a microelectronics strategy as de- (G) The process for determining how and Handheld, Manpack, and Small Form/Fit (HMS) scribed in the Senate report to accompany S. when such activities and subprograms would radios under that program until the Under Sec- 1235 of the 112th Congress (S. Rept. 112–26) and transition to an existing program or be estab- retary of Defense for Acquisition, Technology, an estimate of the full life-cycle costs for the up- lished as a new program of record. and Logistics certifies to the congressional degrade of the Next Generation Foundry; and (e) USE OF FUNDS AVAILABLE FOR SPACE VEHI- fense committees that the acquisition strategy (2) submits the strategy and cost estimate re- CLE NUMBER 5 FOR SPACE VEHICLE NUMBER 6.— for such radios provides, to the maximum extent quired by paragraph (1) to the congressional de- The Secretary may obligate and expend amounts practicable, for full and open competition in the fense committees. authorized to be appropriated for fiscal year acquisition of such radios. SEC. 212. ADVANCED ROTORCRAFT INITIATIVE. 2013 by section 101 for procurement for the Air SEC. 153. SHALLOW WATER COMBAT SUBMERS- (a) IN GENERAL.—Not later than 180 days Force as specified in the funding table in section IBLE PROGRAM. after the date of the enactment of this Act, the 4101 and available for the advanced procure- (a) INITIAL REPORT.—Not later than 90 days Under Secretary of Defense for Acquisition, ment of long-lead parts and the replacement of after the date of the enactment of this Act, the Technology, and Logistics shall, in consultation obsolete parts for space-based infrared system Commander of the United States Special Oper- with the military departments, the Defense Ad- satellite space vehicle number 5 for the ad- ations Command shall submit to the congres- vanced Research Projects Agency, and industry vanced procurement of long-lead parts and the sional defense committees a report setting forth (including the Vertical Lift Consortium (VLC)), replacement of obsolete parts for space-based in- the following: submit to the congressional defense committees a frared system space vehicle number 6. (1) A description of the efforts of the con- report setting forth a strategy for the use of in- (f) SENSE OF CONGRESS.—It is the sense of tractor under the Shallow Water Combat Sub- tegrated platform design teams and agile proto- Congress that the Secretary should not enter mersible (SWCS) program and the United States typing approaches for the development of ad- into a fixed-price contract under subsection (a) Special Operations Command to improve the ac- vanced rotorcraft capabilities. for the procurement of two space-based infrared curacy of the tracking of the schedule and costs (b) ELEMENTS.—The strategy required by subsystem satellites unless the Secretary determines of the program. section (a) shall include the following: that entering into such a contract will save the (2) The revised timeline for the initial and full (1) Mechanisms for establishing agile proto- Air Force not less than 20 percent over the cost operational capability of the Shallow Water typing practices and programs, including rotor- of procuring two such satellites separately. Combat Submersible. craft X-planes, and an identification of the re- SEC. 145. TRANSFER OF CERTAIN FISCAL YEAR (3) A current estimate of the cost to meet the sources required for such purposes. 2011 AND 2012 FUNDS FOR AIRCRAFT basis of issue requirement under the program. (2) A restructuring of the Joint Multi-role PROCUREMENT FOR THE AIR FORCE. (b) SUBSEQUENT REPORTS.— (JMR) development program of the Army to in- (a) IN GENERAL.—To the extent provided in (1) QUARTERLY REPORTS REQUIRED.—The clude more technology demonstration platforms appropriations Acts, the Secretary of the Air Commander of the United States Special Oper- with challenge goals of significant reductions in Force may transfer from fiscal year 2011 and ations Command shall submit to the congres- cost and time to flight. 2012 Aircraft Procurement, Air Force funds, an (3) A restructuring of the X-Plane Rotorcraft sional defense committees on a quarterly basis aggregate of $920,748,000 to other, higher pri- program of the Defense Advanced Research updates on the metrics from the earned value ority programs of the Air Force. Projects Agency to develop performance objec- management system with which the Command is (b) COVERED FUNDS.—For purposes of this sec- tives beyond the Joint Multi-role development tracking the schedule and cost performance of tion, the term ‘‘fiscal year 2011 and 2012 Aircraft program, including at least two competing the contractor of the Shallow Water Combat Procurement, Air Force funds’’ means— teams. Submersible program. (1) amounts authorized to be appropriated for (4) Approaches, including competitive prize (2) SUNSET.—The requirement in paragraph fiscal year 2011 by section 103(1) of the Ike Skel- awards, to encourage the development of ad- (1) shall cease on the date the Shallow Water ton National Defense Authorization Act for Fis- vanced rotorcraft capabilities to address chal- Combat Submersible has completed operational cal Year 2011 (Public Law 111–383; 124 Stat. lenge problems such as nap-of-earth automated testing and has been found to be operationally 4152) for aircraft procurement for the Air Force; flight, urban operation near buildings, slope effective and operationally suitable. and landings, automated autorotation or power-off (2) amounts authorized to be appropriated for SEC. 154. AC–130 AIRCRAFT ELECTRO-OPTICAL recovery, and automated selection of landing fiscal year 2012 by section 101 of the National AND INFRARED SENSORS. areas. DDITIONAL MOUNT FOR ROCUREMENT Defense Authorization Act for Fiscal Year 2012 (a) A A P , SEC. 213. TRANSFER OF CERTAIN FISCAL YEAR (Public Law 112–81; 125 Stat. 1317) and available DEFENSE-WIDE.—The amount authorized to be 2012 NAVY RESEARCH, DEVELOP- for Aircraft Procurement, Air Force as specified appropriated for fiscal year 2013 by section 101 MENT, TEST, AND EVALUATION in the funding table in section 4101 of that Act. is hereby increased by $6,000,000, with the FUNDS. (c) EFFECT ON AUTHORIZATION AMOUNTS.—A amount of the increase to be available for (a) IN GENERAL.—To the extent provided in transfer made from one account to another amounts authorized to be appropriated by that appropriations Acts, the Secretary of the Navy

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00052 Fmt 4624 Sfmt 6333 E:\CR\FM\A12DE6.041 S12DEPT1 tjames on DSK6SPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — SENATE S7805 may transfer from fiscal year 2012 Navy re- (2) the relocation of that radar to the H.E. to demonstrate the correction in two flight tests search, development, test, and evaluation funds, Holt Station in Western Australia; before resuming production or assembly of addi- $8,832,000 to other, higher priority programs of (3) upgrades of the hardware and software of tional Capability Enhancement II kill vehicles. the Navy. that radar to meet Space Situational Awareness (6) The Department of Defense has a program (b) COVERED FUNDS.—For purposes of this sec- mission needs; to improve the performance and reliability of the tion, the term ‘‘fiscal year 2012 Navy research, (4) operational testing of that radar; and Ground-based Midcourse Defense system, in- development, test, and evaluation funds’’ means (5) transfer of jurisdiction of that radar to the cluding a plan to test every component of the amounts authorized to be appropriated for fiscal Air Force Space Command for operations and Ground-Based Interceptors for reliability. Ac- year 2012 by section 201 of the National Defense sustainment by September 30, 2016. cording to Department of Defense officials, the Authorization Act for Fiscal Year 2012 (Public SEC. 217. DETAILED DIGITAL RADIO FREQUENCY goal of the Ground-Based Interceptor reliability Law 112–81; 125 Stat. 1329) and available for Re- MODULATION COUNTERMEASURES program is to double the number of threat Inter- search, Development, Test, and Evaluation, STUDIES AND SIMULATIONS. continental Ballistic Missiles (ICBMs) that our Navy as specified in the funding table in section (a) ADDITIONAL AMOUNT FOR RDT&E, current inventory of Ground-Based Interceptors 4201 of that Act. ARMY.—The amount authorized to be appro- could defeat, thereby effectively doubling the (c) EFFECT ON AUTHORIZATION AMOUNTS.—A priated for fiscal year 2013 by section 201 is capability of our current Ground-based Mid- transfer made from one account to another hereby increased by $38,000,000, with the course Defense system. under the authority of this section shall be amount of the increase to be available for (7) The Missile Defense Agency, working with deemed to increase the amount authorized for amounts authorized to be appropriated by that the Director of Operational Test and Evaluation the account to which the amount is transferred section and available for research, development, and with United States Strategic Command, has by an amount equal to the amount transferred. test, and evaluation, Army, for system develop- developed a comprehensive Integrated Master (d) CONSTRUCTION OF AUTHORITY.—The trans- ment and demonstration (PE 0605457A) Army Test Plan (IMTP) for missile defense, with flight fer authority in this section is in addition to Integrated Air and Missile Defense (AIAMD), as tests for the Ground-based Midcourse Defense any other transfer authority provided in this specified in the funding table in section 4201. system planned through fiscal year 2022, includ- Act. (b) AVAILABILITY OF AMOUNT.—To the extent ing salvo testing, multiple simultaneous engage- SEC. 214. AUTHORITY FOR DEPARTMENT OF DE- provided in appropriations Acts, the amount au- ment testing, and operational testing. FENSE LABORATORIES TO ENTER thorized and made available by subsection (a) (8) The Director of Operational Test and Eval- INTO EDUCATION PARTNERSHIPS may be obligated and expended for a new pro- uation, who must review, approve, and sign WITH EDUCATIONAL INSTITUTIONS gram to conduct detailed digital radio frequency each semi-annual version of the Integrated Mas- IN UNITED STATES TERRITORIES modulation (DRFM) countermeasures studies ter Test Plan, testified that the Test Plan is ‘‘a AND POSSESSIONS. and simulations to develop algorithms to address robust and rigorous test plan’’. He also testified (a) AUTHORITY.—Subsection (a) of section 2194 this threat change in support of the accelerated that the current pace of Ground-based Mid- of title 10, United States Code, is amended by in- fielding of a new capability in Patriot, Sentinel, course Defense system testing of one flight test serting ‘‘, the Commonwealth of Puerto Rico, and Integrated Air and Missile Defense (IAMD) per year is the ‘‘best that we’ve been able to the Commonwealth of the Northern Mariana Is- for the requirements of the commanders of the achieve over a decade’’. lands, and any possession of the United States’’ combatant commands. (9) The Director of the Missile Defense Agency after ‘‘institutions of the United States’’. Subtitle C—Missile Defense Matters testified before the Committee on Armed Services (b) TECHNICAL AMENDMENT.—Subsection (f)(2) of the Senate on April 25, 2012, that flight test- of such section is amended by inserting ‘‘(20 SEC. 231. HOMELAND BALLISTIC MISSILE DE- ing the Ground-based Midcourse Defense system U.S.C. 7801)’’ before the period. FENSE. more often than once per year could cause (a) FINDINGS.—Congress makes the following SEC. 215. TRANSFER OF CERTAIN FISCAL YEAR ‘‘greater risk of further failure and setbacks to 2012 AIR FORCE RESEARCH, DEVEL- findings: developing our homeland defense capability as OPMENT, TEST, AND EVALUATION (1) The Ballistic Missile Defense Review of rapidly as possible’’. FUNDS. February 2010 stated as its first policy priority (10) As part of its homeland defense hedging (a) IN GENERAL.—To the extent provided in that ‘‘the United States will continue to defend strategy, the Department of Defense has already appropriations Acts, the Secretary of the Air the homeland against the threat of limited bal- decided upon or implemented a number of ac- Force may transfer from fiscal year 2012 Air listic missile attack’’ and that ‘‘an essential ele- tions to improve the missile defense posture of Force research, development, test, and evalua- ment of the United States’ homeland ballistic the United States in case the threat of Inter- tion funds, $78,426,000 to other, higher priority missile defense strategy is to hedge against fu- continental Ballistic Missiles from North Korea programs of the Air Force. ture uncertainties, including both the uncer- or Iran emerges sooner or in greater numbers (b) COVERED FUNDS.—For purposes of this sec- tainty of future threat capabilities and the tech- than anticipated. These include the following tion, the term ‘‘fiscal year 2012 Air Force re- nical risks inherent to our own development actions: search, development, test, and evaluation plans’’. (A) The Missile Defense Agency has completed funds’’ means amounts authorized to be appro- (2) The United States currently has an oper- construction of Missile Field-2 at Fort Greely, priated for fiscal year 2012 by section 201 of the ational Ground-based Midcourse Defense Alaska, with eight extra silos available to de- National Defense Authorization Act for Fiscal (GMD) system with 30 Ground-Based Intercep- ploy additional operational Ground-Based Year 2012 (Public Law 112–81; 125 Stat. 1329) tors (GBIs) deployed in Alaska and California, Interceptors, if needed. and available for Research, Development, Test, protecting the United States against the poten- (B) With its request for 5 additional Ground- and Evaluation, Air Force as specified in the tial future threat of limited ballistic missile at- Based Interceptors in the budget of the Presi- funding table in section 4201 of that Act. tack from countries such as North Korea and dent for fiscal year 2013, the Missile Defense (c) EFFECT ON AUTHORIZATION AMOUNTS.—A Iran. Agency plans to have enough test and spare transfer made from one account to another (3) As Deputy Assistant Secretary of Defense Ground-Based Interceptors to emplace in the 8 under the authority of this section shall be for Nuclear and Missile Defense Policy Bradley extra silos from 2014 through 2025, and will keep deemed to increase the amount authorized for Roberts testified before the Committee on Armed the Ground-Based Interceptor production line the account to which the amount is transferred Services of the Senate on April 25, 2012, ‘‘[w]ith active for 5 additional years, thus allowing ad- by an amount equal to the amount transferred. 30 GBIs in place, the United States is in an additional Ground-Based Interceptor purchases in (d) CONSTRUCTION OF AUTHORITY.—The trans- vantageous position vis-a` -vis the threats from the future, if needed. fer authority in this section is in addition to North Korea and Iran,’’ and ‘‘neither has suc- (C) The Department has decided not to decom- any other transfer authority provided in this cessfully tested an ICBM or demonstrated an mission prototype Missile Field-1 at Fort Greely Act. ICBM-class warhead’’. but, instead, to keep it in a storage status that (4) Deputy Assistant Secretary Roberts testi- SEC. 216. RELOCATION OF C–BAND RADAR FROM would permit it to be refurbished and reac- ANTIGUA TO H.E. HOLT STATION IN fied that maintaining this advantageous posi- tivated within a few years if future threat devel- WESTERN AUSTRALIA TO ENHANCE tion ‘‘requires continued improvement to the opments make that necessary. SPACE SITUATIONAL AWARENESS GMD system, including enhanced performance (D) The Missile Defense Agency plans to build CAPABILITIES. by the GBIs and the deployment of new sensors. an in-flight interceptor communications ter- To the extent provided in appropriations Acts, It also requires the development of the Precision minal at Fort Drum, New York, to enhance the of the amounts authorized to be appropriated Tracking Space System (PTSS) to handle larger performance of Ground-Based Interceptors de- for fiscal year 2013 by section 201 and available raid sizes and the Standard Missile-3 (SM–3) fending the eastern United States against pos- for research, development, test, and evaluation Block IIB as the ICBM threat from states like sible future missile threats from Iran. for Space Situation Awareness Systems (PE Iran and North Korea matures. These efforts (E) The Missile Defense Agency is continuing 0604425F) for System Development and Dem- will help to ensure that the United States pos- the development and testing of the two-stage onstration as specified in the funding table in sesses the capability to counter the projected Ground-Based Interceptor for possible deploy- section 4201, $3,000,000 may be obligated and ex- threat for the foreseeable future’’. ment in the future, if needed. pended for a new program for the relocation (5) As its highest priority, the Missile Defense (F) The Missile Defense Agency is upgrading and research and development activities to en- Agency is designing a correction to the problem early warning radars in Clear, Alaska, and hance Space Situational Awareness capabilities that caused a December 2010 flight test failure Cape Cod, Massachusetts, to enhance the ability through— of the Ground-based Midcourse Defense system to defend against potential multiple future (1) the repurposing of the C–Band Radar at using the Capability Enhancement II (CE–II) Intercontinental Ballistic Missile threats from Antigua; model of exo-atmospheric kill vehicle, and plans North Korea and Iran.

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00053 Fmt 4624 Sfmt 6333 E:\CR\FM\A12DE6.041 S12DEPT1 tjames on DSK6SPTVN1PROD with S7806 CONGRESSIONAL RECORD — SENATE December 12, 2012 (G) The Missile Defense Agency is pursuing and operationally significant steps to hedge listic missiles that can reach United States development of the Standard Missile-3 Block IIB against the possibility of future growth in the forces and allies in South Korea and Japan. interceptor for Phase 4 of the European Phased missile threat to the homeland from North Korea North Korea is improving its existing missiles Adaptive Approach. It is intended to augment and Iran; and and developing new and longer-range missiles. the Ground-based Midcourse Defense system as (10) the Department of Defense should con- (6) In September 2009, President Barack a cost-effective first layer of defense of the tinue to evaluate the evolution of the long-range Obama announced that he had accepted the homeland against a possible future Interconti- missile threat from North Korea and Iran and unanimous recommendation of the Secretary of nental Ballistic Missile threat from Iran. consider other possibilities for prudent, afford- Defense and the Joint Chiefs of Staff to estab- (H) The Missile Defense Agency is pursuing able, cost-effective, and operationally signifi- lish a European Phased Adaptive Approach to development of the Precision Tracking Space cant steps to improve the posture of the United missile defense, designed to protect deployed System, a satellite sensor system to provide per- States to defend the homeland against possible United States forces and allies and partners in sistent tracking of large numbers of missiles in future growth in the threat. Europe against the large and growing threat of flight, and fire-control quality targeting data to (c) REPORT.— ballistic missiles from Iran. various missile defense interceptor systems. Ac- (1) REPORT REQUIRED.—Not later than 180 (7) In November 2010, at the Lisbon Summit, cording to the Director of the Missile Defense days after the date of the enactment of this Act, the North Atlantic Treaty Organization (NATO) Agency, ‘‘the greatest future enhancement for the Secretary of Defense shall submit to the con- decided to adopt the core mission of missile de- both homeland and regional defense in the next gressional defense committees a report on the fense of its population, territory and forces. The ten years is the development of the Precision status of efforts to improve the homeland bal- North Atlantic Treaty Organization agreed to Tracking Space System satellites’’. listic missile defense capability of the United enhance its missile defense command and con- (11) As part of its homeland defense hedging States. trol system, the Active Layered Theater Ballistic strategy review, the Department of Defense is (2) ELEMENTS OF REPORT.—The report re- Missile Defense, to provide a North Atlantic considering other options to enhance the future quired by paragraph (1)) shall include the fol- Treaty Organization command and control ca- United States posture to defend the homeland, lowing: pability. This is in addition to contributions of (A) A detailed description of the actions taken including the feasibility, advisability and af- missile defense capability from individual na- or planned to improve the reliability, avail- fordability of deploying additional Ground- tions. Based Interceptors, either in Alaska or at a mis- ability, and capability of the Ground-based (8) During 2011, the United States successfully sile defense site on the East Coast of the United Midcourse Defense system. implemented Phase 1 of the European Phased (B) A description of any improvements States. Adaptive Approach, including deployment of an achieved as a result of the actions described in (b) SENSE OF CONGRESS.—It is the sense of AN/TPY–2 radar in Turkey, deployment of an subparagraph (A). Congress that— Aegis Ballistic Missile Defense ship in the east- (1) it is a national priority to defend the (C) A description of the results of the two ern Mediterranean Sea with Standard Missile-3 homeland against the potential future threat of planned flight tests of the Ground-based Mid- Block IA interceptors, and establishment of a limited ballistic missile attack from countries course Defense system (Control Test Vehicle missile defense command and control system in such as North Korea and Iran; flight test-1, and GMD Flight Test–06b) intended (2) the currently deployed Ground-based Mid- to demonstrate the success of the correction of Germany. (9) During 2011, the United States successfully course Defense system, with 30 Ground-Based the problem that caused the flight test failure of negotiated all the international agreements with Interceptors deployed in Alaska and California, December 2010, and the status of any decision to North Atlantic Treaty Organization allies need- provides protection of the United States home- resume production of the Capability Enhance- ed to permit future phases of the European land against the potential future threat of lim- ment-II kill vehicle. ited ballistic missile attack from North Korea (D) A detailed description of actions taken or Phased Adaptive Approach, including agree- and Iran; planned to improve the homeland defense pos- ments with Romania and Poland to permit the (3) it is essential for the Ground-based Mid- ture of the United States to hedge against po- deployment of Aegis Ashore missile defense sys- course Defense system to achieve the levels of tential future Intercontinental Ballistic Missile tems on their territory, an agreement with Tur- reliability, availability, sustainability, and oper- threat growth from North Korea and Iran. key to permit deployment of an AN/TPY–2 radar ational performance that will allow it to con- (E) Any other matters the Secretary considers on its territory, and an agreement with Spain to tinue providing protection of the United States appropriate. permit the forward stationing of four Aegis Bal- homeland against limited ballistic missile attack; (3) FORM OF REPORT.—The report shall be listic Missile Defense ships at Rota. (4) the Missile Defense Agency should, as its submitted in unclassified form, but may include (10) Phase 2 of the European Phased Adaptive highest priority, correct the problem that caused a classified annex. Approach is planned for deployment in 2015, the December 2010 Ground-based Midcourse De- SEC. 232. REGIONAL BALLISTIC MISSILE DE- and is planned to include the deployment of fense system flight test failure and demonstrate FENSE. Standard Missile-3 Block IB interceptors on the correction in flight tests before resuming (a) FINDINGS.—Congress makes the following Aegis Ballistic Missile Defense ships and at an production of the Capability Enhancement-II findings: Aegis Ashore site in Romania. kill vehicle, in order to provide confidence that (1) In the introduction to the Ballistic Missile (11) Phase 3 of the European Phased Adaptive the system will work as intended; Defense Review of February 2010, Secretary of Approach is planned for deployment in 2018, (5) the Department of Defense should con- Defense Robert Gates states that ‘‘I have made and is planned to include the deployment of tinue to enhance the performance and reliability defending against near-term regional threats a Standard Missile-3 Block IIA interceptors on of the Ground-based Midcourse Defense system, top priority of our missile defense plans, pro- Aegis Ballistic Missile Defense ships and at an and enhance the capability of the Ballistic Mis- grams and capabilities’’. Aegis Ashore site in Poland. sile Defense System, to provide improved capa- (2) In describing the threat of regional bal- (12) Phase 4 of the European Phased Adaptive bility to defend the homeland against possible listic missiles, the report of the Ballistic Missile Approach is planned for deployment in 2020, increased future missile threats from North Defense Review states that ‘‘there is no uncer- and is planned to include the deployment of Korea and Iran; tainty about the existence of regional threats. Standard Missile-3 Block IIB interceptors at (6) the Missile Defense Agency should con- They are clear and present. The threat from Aegis Ashore sites. This interceptor is intended tinue its robust, rigorous, and realistic testing of short-range, medium-range, and intermediate- to protect both Europe and the United States the Ground-based Midcourse Defense system at range ballistic missiles (SRBMs, MRBMs, and against potential future long-range ballistic mis- a pace of one flight test per year, as described IRBMs) in regions where the United States de- siles from Iran. in the Integrated Master Test Plan, including ploys forces and maintains security relation- (13) At the North Atlantic Treaty Organiza- salvo testing, multiple simultaneous engagement ships is growing at a particularly rapid pace’’. tion Summit in Chicago in 2012, the North At- testing, and operational testing; (3) In testimony before the Committee on lantic Treaty Organization plans to announce it (7) if successfully developed, the Standard Armed Services of the Senate on April 25, 2012, has achieved an ‘‘interim capability’’ for the Missile-3 Block IIB interceptor would provide Dr. Bradley Roberts, Deputy Assistant Secretary North Atlantic Treaty Organization missile dean essential first layer of defense of the home- of Defense for Nuclear and Missile Defense Pol- fense system, including initial capability of its land against an emerging Intercontinental Bal- icy stated, with respect to regional missile de- Active Layered Theater Ballistic Missile Defense listic Missile threat from Iran, using a cost-ef- fense, that ‘‘the need arises from the rapidly system at a command and control facility in fective forward-based early intercept system emerging threats to our armed forces in Europe, Germany. that could permit holding Ground-Based Inter- the Middle East, and East Asia from regional (14) The United States has a robust program ceptors in reserve, and if such interceptor could missile proliferators and the basic challenge of missile defense cooperation with Israel, in- be deployed on ships, it would also provide a such proliferation poses to the safety and secu- cluding joint development of the Arrow Weapon significant enhancement to defense against pos- rity of our forces and allies and to our power System and the new Arrow-3 upper tier inter- sible future threats from North Korea; projection strategy’’. ceptor, designed to defend Israel against bal- (8) the Precision Tracking Space System has (4) Iran has the largest inventory of regional listic missiles from Iran. These jointly developed the potential to improve dramatically the capa- ballistic missiles in the Middle East, with hun- missile defense systems are designed to be inter- bility of homeland and regional missile defense dreds of missiles that can reach southeastern operable with United States ballistic missile de- systems against large numbers of missiles Europe and all of the Middle East, including fenses, and these interoperable systems are test- launched simultaneously, and should remain a Israel. Iran is improving its existing missiles and ed in large military exercises. The United States high priority for development; developing new and longer-range missiles. has deployed an AN/TPY–2 radar in Israel to (9) the Department of Defense has taken a (5) North Korea has a large and growing in- enhance missile defense against missiles from number of prudent, affordable, cost-effective, ventory of short-range and medium-range bal- Iran.

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00054 Fmt 4624 Sfmt 6333 E:\CR\FM\A12DE6.041 S12DEPT1 tjames on DSK6SPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — SENATE S7807 (15) The United States is working with the na- (B) An assessment whether the European cided to develop a missile defense system to tions of the Gulf Cooperation Council on en- Phased Adaptive Approach and other planned ‘‘protect NATO European populations, territory hanced national and regional missile defense ca- regional missile defense approaches of the and forces’’ and also to seek cooperation with pabilities against growing missile threats from United States meet the integrated priorities of Russia on missile defense. In its Lisbon Summit Iran. As part of this effort, the United Arab the commanders of the regional combatant com- Declaration, the North Atlantic Treaty Organi- Emirates plans to purchase two batteries of the mands in an affordable and balanced manner. zation reaffirmed its readiness to ‘‘invite Russia Terminal High Altitude Air Defense (THAAD) (C) A description of the progress made in the to explore jointly the potential for linking cur- system, as well as other equipment. development and testing of elements of systems rent and planned missile defence systems at an (16) The United States has a strong program intended for deployment in Phases 2 through 4 appropriate time in mutually beneficial ways’’. of missile defense cooperation with Japan, in- of the European Phased Adaptive Approach, in- The new NATO Strategic Concept adopted at cluding the co-development of the Standard cluding the Standard Missile-3 Block IB inter- the Lisbon Summit states that ‘‘we will actively Missile-3 (SM–3) Block IIA interceptor for the ceptor and the Aegis Ashore system. seek cooperation on missile defense with Rus- Aegis Ballistic Missile Defense system, intended (D) A description of the manner in which ele- sia’’, that ‘‘NATO-Russia cooperation is of stra- to be deployed by Japan and in Phase 3 of the ments of regional missile defense architectures, tegic importance’’, and that ‘‘the security of the European Phased Adaptive Approach, Japan’s such as forward-based X-band radars in Turkey North Atlantic Treaty Organization and Russia fleet of Aegis Ballistic Missile Defense ships and Japan, contribute to the enhancement of is intertwined’’. using the SM–3 Block IA interceptors, and the homeland defense of the United States. (7) In a December 18, 2010, letter to the leader- United States deployment of an AN/TPY–2 radar (E) A description of the current and planned ship of the Senate, President Obama wrote that in Japan. contributions of North Atlantic Treaty Organi- the North Atlantic Treaty Organization ‘‘invited zation allies, both collectively and individually, (b) SENSE OF CONGRESS.—It is the sense of Russia to cooperate on missile defense, which Congress that— to missile defense in Europe. could lead to adding Russian capabilities to (3) FORM.—The report required by paragraph (1) the threat from regional ballistic missiles, those deployed by NATO to enhance our com- (1) shall be submitted in unclassified form, but particularly from Iran and North Korea, is seri- mon security against common threats. The Lis- may include a classified annex. ous and growing, and puts at risk forward-de- bon Summit thus demonstrated that the Alli- ployed United States forces and allies and part- SEC. 233. MISSILE DEFENSE COOPERATION WITH ance’s missile defenses can be strengthened by RUSSIA. ners in Europe, the Middle East, and the Asia- improving NATO-Russian relations. This comes (a) FINDINGS.—Congress makes the following Pacific region; even as we have made clear that the system we findings: intend to pursue with Russia will not be a joint (2) the Department of Defense has an obliga- (1) For more than a decade, the United States system, and it will not in any way limit United tion to provide force protection of forward-de- and Russia have discussed a variety of options States’ or NATO’s missile defense capabilities. ployed United States forces, assets, and facilities for cooperation on shared early warning and Effective cooperation with Russia could en- from regional ballistic missile attack; ballistic missile defense. For example, on May 1, hance the overall efficiency of our combined ter- (3) the United States has an obligation to meet 2001, President George W. Bush spoke of a ‘‘new ritorial missile defenses, and at the same time its security commitments to its allies, including cooperative relationship’’ with Russia and said ballistic missile defense commitments; ‘‘it should be premised on openness, mutual con- provide Russia with greater security’’. (8) Section 221(a)(3) of the Ike Skelton Na- (4) the Department of Defense has a balanced fidence and real opportunities for cooperation, tional Defense Authorization Act for Fiscal program of investment and capabilities to pro- including the area of missile defense. It should Year 2011 (Public Law 111–383; 124 Stat. 4167) vide for both homeland defense and regional de- allow us to share information so that each na- states that it is the sense of Congress ‘‘to sup- fense against ballistic missiles, consistent with tion can improve its early warning capability, port the efforts of the United States Government the Ballistic Missile Defense Review and with and its capability to defend its people and terri- and the North Atlantic Treaty Organization to the prioritized and integrated needs of the com- tory. And perhaps one day, we can even cooper- pursue cooperation with the Russian Federation manders of the combatant commands; ate in a joint defense’’. (5) the European Phased Adaptive Approach (2) Section 1231 of the Floyd D. Spence Na- on ballistic missile defense relative to Iranian to missile defense is an appropriate and nec- tional Defense Authorization Act for Fiscal missile threats’’. essary response to the existing and growing bal- Year 2001 (as enacted into law by Public Law (9) In a speech in Russia on March 21, 2011, listic missile threat from Iran to forward de- 106–398; 1654A–329) authorized the Department Secretary of Defense Robert Gates cited ‘‘the ployed United States forces and allies and part- of Defense to establish in Russia a ‘‘joint center NATO-Russian decision to cooperate on defense ners in Europe; for the exchange of data from systems to provide against ballistic missiles. We’ve disagreed before, (6) the Department of Defense— early warning of launches of ballistic missiles and Russia still has uncertainties about the Eu- (A) should, as a high priority, continue to de- and for notification of launches of such mis- ropean Phased Adaptive Approach, a limited velop, test, and plan to deploy all four phases of siles’’, also known as the Joint Data Exchange system that poses no challenges to the large the European Phased Adaptive Approach, in- Center (JDEC). Russian nuclear arsenal. However, we’ve mutu- cluding all variants of the Standard Missile-3 (3) On March 31, 2008, Deputy Secretary of ally committed to resolving these difficulties in interceptor; and Defense Gordon England stated that ‘‘we have order to develop a roadmap toward truly effec- (B) should also continue with its other phased offered Russia a wide-ranging proposal to co- tive anti-ballistic missile collaboration. This col- and adaptive regional missile defense efforts tai- operate on missile defense—everything from laboration may include exchanging launch in- lored to the Middle East and the Asia-Pacific re- modeling and simulation, to data sharing, to formation, setting up a joint data fusion center, gion; joint development of a regional missile defense allowing greater transparency with respect to (7) European members of the North Atlantic architecture—all designed to defend the United our missile defense plans and exercises, and con- Treaty Organization are making valuable con- States, Europe, and Russia from the growing ducting a joint analysis to determine areas of tributions to missile defense in Europe, by threat of Iranian ballistic missiles. An extraor- future cooperation’’. hosting elements of United States missile defense dinary series of transparency measures have (10) In testimony to the Committee on Armed systems on their territories, through individual also been offered to reassure Russia. Despite Services of the Senate on April 13, 2011, Deputy national contributions to missile defense capa- some Russian reluctance to sign up to these co- Assistant Secretary of Defense for Nuclear and bility, and by collective funding and develop- operative missile defense activities, we continue Missile Defense Policy Bradley H. Roberts stat- ment of the Active Layered Theater Ballistic to work toward this goal’’. ed that the United States has been pursuing a Missile Defense system; and (4) On July 6, 2009, President Barack Obama Defense Technology Cooperation Agreement (8) the Department of Defense should con- and Russian President Dmitry Medvedev issued with Russia since 2004, and that such an agree- tinue with the development of the key enablers a joint statement on missile defense issues, ment is necessary ‘‘for the safeguarding of sen- of enhanced regional missile defense, including which stated that ‘‘Russia and the United sitive information in support of cooperation’’ on the Precision Tracking Space System. States plan to continue the discussion con- missile defense, and to ‘‘provide the legal frame- (c) REPORT.— cerning the establishment of cooperation in re- work for undertaking cooperative efforts’’. Fur- (1) IN GENERAL.—Not later than 180 days after sponding to the challenge of ballistic missile ther, Dr. Roberts stated that the United States the date of enactment of this Act, the Secretary proliferation. . . We have instructed our experts would not provide any classified information to of Defense shall submit to the congressional de- to work together to analyze the ballistic missile Russia without first conducting a National Dis- fense committees a report describing the status challenges of the 21st century and to prepare closure Policy review. He also stated that the and progress of regional missile defense pro- appropriate recommendations’’. United States is not considering sharing ‘‘hit-to- grams and efforts. (5) The February 2010 report of the Ballistic kill’’ technology with Russia. (2) ELEMENTS OF REPORT.—The report re- Missile Defense Review established as one of its (11) In a March 2012 answer to a question quired by paragraph (1) shall include the fol- central policy pillars that increased inter- from the Committee on Armed Services of the lowing: national missile defense cooperation is in the Senate on missile defense cooperation with Rus- (A) An assessment of the adequacy of the ex- national security interest of the United States sia, Acting Under Secretary of Defense for Pol- isting and planned European Phased Adaptive and, with regard to cooperation with Russia, icy Jim Miller wrote that ‘‘I support U.S.-Rus- Approach to provide force protection for for- the United States ‘‘is pursuing a broad agenda sian cooperation on missile defenses first and ward deployed United States forces in Europe focused on shared early warning of missile foremost because it could improve the effective- against ballistic missile threats from Iran, and launches, possible technical cooperation, and ness of U.S. and NATO missile defenses, thereby an assessment whether adequate force protec- even operational cooperation’’. improving the protection of the United States, tion would be available absent the European (6) at the November 2010 Lisbon Summit, the our forces overseas, and our Allies. Missile de- Phased Adaptive Approach. North Atlantic Treaty Organization (NATO) defense cooperation with Russia is in the security

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interests of the United States, NATO, and Rus- (A) United States classified information is ap- (2) FORM.—The report required by paragraph sia, first and foremost because it could strength- propriately safeguarded and protected from un- (1) shall be submitted in unclassified form, but en capabilities across Europe to intercept Ira- authorized disclosure; may include a classified annex. nian missiles’’. He also wrote that ‘‘[t]he United (B) prior to sharing classified information SEC. 235. MODERNIZATION OF THE PATRIOT AIR States has pursued missile defense cooperation with Russia, the United States conducts a Na- AND MISSILE DEFENSE SYSTEM. with Russia with the clear understanding that tional Disclosure Policy review and determines (a) PLAN FOR MODERNIZATION.—Not later we would not accept constraints on missile de- the types and levels of information that may be than 180 days after the date of the enactment of fense, and that we would undertake necessary shared and whether any additional procedures this Act, the Secretary of the Army shall submit qualitative and quantitative improvements to are necessary to protect such information; to the congressional defense committees a meet U.S. Security needs’’. (C) prior to entering into missile defense tech- prioritized plan for support of the long-term re- (12) In February 2012, an international group nology cooperation projects, the United States quirements in connection with the moderniza- of independent experts known as the Euro-At- enters into a Defense Technology Cooperation tion of the Patriot air and missile defense sys- lantic Security Initiative issued a report pro- Agreement with Russia that establishes the legal tem. posing missile defense cooperation between the framework for a broad spectrum of potential co- (b) ADDITIONAL ELEMENTS.—The report re- United States (with its North Atlantic Treaty operative defense projects; and quired by subsection (a) shall also set forth the Organization allies) and Russia. The group, (D) such cooperation does not limit the missile following: whose leaders included Stephen Hadley, the Na- defense capabilities of the United States or its (1) An assessment of the integrated air and tional Security Advisor to President George W. North Atlantic Treaty Organization allies. missile defense capabilities required to meet the Bush, proposed that the nations share satellite SEC. 234. NEXT GENERATION EXO-ATMOSPHERIC demands of evolving and emerging threats. and radar early warning data at joint coopera- KILL VEHICLE. (2) A plan for the introduction of changes to tion centers in order to improve their ability to (a) PLAN FOR NEXT GENERATION KILL VEHI- the Patriot air and missile defense system pro- detect, track, and defeat medium-range and in- CLE.—The Director of the Missile Defense Agen- gram to achieve reductions in the life-cycle cost termediate-range ballistic missiles from the Mid- cy shall develop a long-term plan for the Exo-at- of the Patriot air and missile defense system. dle East. mospheric Kill Vehicle (EKV) that addresses SEC. 236. MEDIUM EXTENDED AIR DEFENSE SYS- (13) In a letter dated April 13, 2012, Robert both modifications and enhancements to the TEM. Nabors, Assistant to the President and Director current Exo-atmospheric Kill Vehicle and op- None of the funds authorized to be appro- of the Office of Legislative Affairs, wrote that tions for the competitive development of a next priated by this Act or otherwise made available ‘‘it is Administration policy that we will only generation Exo-atmospheric Kill Vehicle for the for fiscal year 2013 for the Department of De- provide information to Russia that will enhance Ground-Based Interceptor (GBI) of the Ground- fense may be obligated or expended for the Me- the effectiveness of our missile defenses. The Ad- based Midcourse Defense (GMD) system and dium Extended Air Defense System (MEADS). ministration will not provide Russia with sen- any other interceptor that might be developed SEC. 237. AVAILABILITY OF FUNDS FOR IRON sitive information that would in any way com- for the defense of the United States against DOME SHORT-RANGE ROCKET DE- promise our national security, including hit-to- long-range ballistic missiles. FENSE PROGRAM. kill technology and interceptor telemetry’’. (b) DEFINITION OF PARAMETERS AND CAPABILI- Of the amounts authorized to be appropriated (14) The United States and Russia already en- TIES.— for fiscal year 2013 by section 201 for research, gage in substantial cooperation on a number of (1) ASSESSMENT REQUIRED.—The Director shall development, test, and evaluation, Defense- international security efforts, including nuclear define the desired technical parameters and per- wide, and available for the Missile Defense nonproliferation, anti-piracy, counter-narcotics, formance capabilities for a next generation Exo- Agency, $210,000,000 may be provided to the nuclear security, counter-terrorism, and logistics atmospheric Kill Vehicle using an assessment Government of Israel for the Iron Dome short- resupply through Russia of coalition forces in conducted by the Director for that purpose that range rocket defense program as specified in the Afghanistan. These areas of cooperation require is designed to ensure that a next generation funding table in section 4201. each side to share and protect sensitive informa- Exo-atmospheric Kill Vehicle design— SEC. 238. READINESS AND FLEXIBILITY OF INTER- tion, which they have both done successfully. (A) enables ease of manufacturing, high toler- CONTINENTAL BALLISTIC MISSILE (15) The United States currently has shared ances to production processes and supply chain FORCE. early warning agreements and programs of co- variability, and inherent reliability; The Secretary of Defense may, in a manner operation with eight nations in addition to the (B) will be optimized to take advantage of the consistent with the obligations of the United North Atlantic Treaty Organization. The United Ballistic Missile Defense System architecture States under international agreements— States has developed procedures and mecha- and sensor system capabilities; (1) retain intercontinental ballistic missile nisms for sharing early warning information (C) leverages all relevant kill vehicle develop- launch facilities currently supporting deployed with partner nations while ensuring the protec- ment activities and technologies, including from strategic nuclear delivery vehicles within the tion of sensitive United States information. the current Standard Missile-3 Block IIB (SM– limit of 800 deployed and non-deployed strategic (16) Russia and the United States each have 3 IIB) program and the previous Multiple Kill launchers; missile launch early warning and detection and Vehicle technology development program; (2) maintain intercontinental ballistic missiles tracking sensors that could contribute to and (D) seeks to maximize, to the greatest extent on alert or operationally deployed status; and enhance each others’ ability to detect, track, an practicable, commonality between subsystems of (3) preserve intercontinental ballistic missile defend against ballistic missile threats from a next generation Exo-atmospheric Kill Vehicle silos in operational or warm status. Iran. and other exo-atmospheric kill vehicle programs; SEC. 239. SENSE OF CONGRESS ON THE SUB- (17) The Obama Administration has provided and MITTAL TO CONGRESS OF THE regular briefings to Congress on its discussions (E) meets Department of Defense criteria, as HOMELAND DEFENSE HEDGING POL- with Russia on possible missile defense coopera- established in the February 2010 Ballistic Mis- ICY AND STRATEGY REPORT OF THE tion. sile Defense Review, for affordability, reli- SECRETARY OF DEFENSE. (b) SENSE OF CONGRESS.—It is the sense of ability, suitability, and operational effectiveness (a) FINDINGS.—Congress makes the following Congress that— to defend against limited attacks from evolving findings: (1) it is in the national security interest of the and future threats from long-range missiles. (1) Section 233 of the National Defense Au- United States to pursue efforts at missile defense (2) EVALUATION OF PAYLOADS.—The assess- thorization Act for Fiscal Year 2012 (Public Law cooperation with Russia that would enhance ment required by paragraph (1) shall include an 112–81; 125 Stat. 1340) requires a homeland de- the security of the United States, its North At- evaluation of the potential benefits and draw- fense hedging policy and strategy report from lantic Treaty Organization allies, and Russia, backs of options for both unitary and multiple the Secretary of Defense. particularly against missile threats from Iran; Exo-atmospheric Kill Vehicle payloads. (2) The report was required to be submitted (2) the United States should pursue ballistic (3) STANDARD MISSILE-3 BLOCK IIB INTER- not later than 75 days after the date of the en- missile defense cooperation with Russia on both CEPTOR.—As part of the assessment required by actment of the National Defense Authorization a bilateral basis and a multilateral basis with its paragraph (1), the Director shall evaluate Act for Fiscal Year 2012, namely by March 16, North Atlantic Treaty Organization allies, par- whether there are potential options and oppor- 2012. ticularly through the NATO-Russia Council; tunities arising from the Standard Missile-3 (3) The Secretary of Defense has not yet sub- (3) missile defense cooperation with Russia Block IIB interceptor development program for mitted the report as required. should not ‘‘in any way limit United States’ or development of an exo-atmospheric kill vehicle, (4) In March 2012, General Charles Jacoby, NATO’s missile defense capabilities’’, as ac- or kill vehicle technologies or components, that Jr., Commander of the United States Northern knowledged in the December 18, 2010, letter from could be used for potential upgrades to the Command, the combatant command responsible President Obama to the leadership of the Sen- Ground-Based Interceptor or for a next genera- for operation of the Ground-based Midcourse ate, and should be mutually beneficial and re- tion Exo-atmospheric Kill Vehicle. Defense system to defend the homeland against ciprocal in nature; (c) REPORT.— ballistic missile threats, testified before Congress (4) the United States should not provide Rus- (1) IN GENERAL.—Not later than one year after that ‘‘I am confident in my ability to success- sia with sensitive missile defense information the date of the enactment of this Act, the Direc- fully defend the homeland from the current set that would in any way compromise United tor shall submit to the congressional defense of limited long-range ballistic missile threats’’, States national security, including ‘‘hit-to-kill’’ committees a report setting forth the plan devel- and that ‘‘[a]gainst current threats from the technology and interceptor telemetry; and oped under subsection (a), including the results Middle East, I am confident we are well pos- (5) the United States should pursue missile de- of the assessment under subsection (b), and an tured’’. fense cooperation with Russia in a manner that estimate of the cost and schedule of imple- (5) Phase 4 of the European Phased Adaptive ensures that— menting the plan. Approach (EPAA) is intended to augment the

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00056 Fmt 4624 Sfmt 6333 E:\CR\FM\A12DE6.041 S12DEPT1 tjames on DSK6SPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — SENATE S7809 currently deployed homeland defense capability SEC. 252. COMPTROLLER GENERAL OF THE SEC. 253. CONDITIONAL REQUIREMENT FOR RE- of the Ground-based Midcourse Defense system UNITED STATES ANNUAL REPORTS PORT ON AMPHIBIOUS ASSAULT VE- against a potential future Iranian long-range ON THE ACQUISITION PROGRAM FOR HICLES FOR THE MARINE CORPS. missile threat by deploying an additional layer THE AMPHIBIOUS COMBAT VEHICLE. (a) IN GENERAL.—If the ongoing Marine Corps (a) ANNUAL GAO REVIEW.—The Comptroller of forward-deployed interceptors in Europe in ground combat vehicle fleet mix study rec- General of the United States shall conduct on the 2020 timeframe. ommends the acquisition of a separate Marine an annual basis a review of the acquisition pro- (6) The Director of National Intelligence, Personnel Carrier, the Secretary of the Navy gram for the Amphibious Combat Vehicle (ACV). James Clapper, has testified to Congress that, and the Commandant of the Marine Corps shall (b) ANNUAL REPORTS.— jointly submit to the congressional defense com- although the intelligence community does ‘‘not (1) IN GENERAL.—Not later than March 1 of know if Iran will eventually decide to build nu- mittees a report that includes the following: each year beginning in 2013, the Comptroller (1) A detailed description of the capability clear weapons’’, it judges ‘‘that Iran would like- General shall submit to the congressional de- gaps that Marine Personnel Carriers are in- ly choose missile delivery as its preferred method fense committees a report on the review of the tended to mitigate and the capabilities that the of delivering a nuclear weapon’’. He also testi- acquisition program for the Amphibious Combat Marine Personnel Carrier will be required to fied that ‘‘Iran already has the largest inven- Vehicle conducted under subsection (a). have to mitigate such gaps, and an assessment tory of ballistic missiles in the Middle East, and (2) MATTERS TO BE INCLUDED.—Each report on whether, and to what extent, Amphibious Com- it is expanding the scale, reach, and sophistica- the review of the acquisition program for the bat Vehicles could mitigate such gaps. tion of its ballistic missile forces, many of which Amphibious Combat Vehicle shall include, to the (2) A detailed explanation of the role of the are inherently capable of carrying a nuclear extent appropriate and feasible, the following: Marine Personnel Carriers in fulfilling the forc- payload’’. (A) An assessment of the extent to which the ible entry requirement for the two Marine Expe- (7) The 2012 Annual Report to Congress on the program is meeting development and procure- ditionary Brigades (MEBs) that make up the as- Military Power of Iran by the Department of ment cost, schedule, performance, and risk miti- sault echelons of the three Marine Expedi- Defense states that, in addition to increasing its gation goals. tionary Brigade force required to meet applica- missile inventories, ‘‘Iran has boosted the (B) With respect to meeting the desired initial ble war plans of the combatant commands. lethality and effectiveness of its existing missile operational capability and full operational ca- (3) A description of the fraction of the assault systems with accuracy improvements and new pability dates for the Amphibious Combat Vehi- echelon of the brigades referred to in paragraph submunitions payloads’’, and that it continues cle, an assessment of the progress and results (2) that would be comprised of Marine Personnel to develop missiles that can strike Israel and of— Carriers. Eastern Europe. It also states that ‘‘Iran has (i) developmental and operational testing of (4) An assessment of the direct operational launched multistage space launch vehicles that the vehicle; and risk associated with using ship-to-shore connec- could serve as a testbed for developing long- (ii) plans for correcting deficiencies in vehicle tors to deliver Marine Personnel Carriers to range ballistic missiles technologies’’, and that performance, operational effectiveness, reli- shore in an amphibious assault. ‘‘[w]ith sufficient foreign assistance, Iran may ability, suitability, and safety. (5) An assessment of the indirect operational be technically capable of flight-testing an inter- (C) An assessment of procurement plans, pro- risk associated with using ship-to-shore connec- continental ballistic missile by 2015’’. duction results, and efforts to improve manufac- tors to deliver Marine Personnel Carriers rather (8) Despite the failure of its April 2012 satellite turing efficiency and supplier performance in than tanks and artillery and other tactical vehi- launch attempt, North Korea warned the United connection with the Amphibious Combat Vehi- cles. States in October 2012 that the United States cle. (6) A comparative estimate of the acquisition mainland is within range of its missiles. (D) An assessment of the acquisition strategy and life-cycle costs of a split fleet of Amphibious (9) The threat of limited ballistic missile at- for the Amphibious Combat Vehicle, including Combat Vehicles and Marine Personnel Carriers tack against the United States homeland from whether the strategy complies with acquisition with the acquisition and life-cycle costs of a countries such as North Korea and Iran is in- management best-practices and the acquisition pure fleet of Amphibious Combat Vehicles. creasing. policy and regulations of the Department of De- (b) SUBMITTAL DATE.—If required, the report (b) SENSE OF CONGRESS.—It is the sense of the fense. under subsection (a) shall be submitted not later Congress that— (E) A risk assessment of the integrated master than the later of— (1) the homeland defense hedging policy and schedule and the test and evaluation master (1) the date that is 60 days after the date of strategy report required by section 233 of the plan of the Amphibious Combat Vehicle as it re- the completion of the study referred to in sub- National Defense Authorization Act for Fiscal lates to— section (a); or (i) the probability of success; (2) February 1, 2013. Year 2012 is necessary to inform Congress on op- (ii) the funding required for the vehicle in tions to protect the United States homeland Subtitle E—Other Matters comparison with the funding programmed for against the evolving ballistic missile threat, in- SEC. 271. TRANSFER OF ADMINISTRATION OF the vehicle; and OCEAN RESEARCH AND RESOURCES cluding potential options prior to the deploy- (iii) development and production concurrency. ment of Phase 4 of the European Phased Adapt- ADVISORY PANEL FROM DEPART- (3) ADDITIONAL INFORMATION IN FIRST RE- MENT OF THE NAVY TO NATIONAL ive Approach to missile defense; and PORT.—In submitting to the congressional de- OCEANIC AND ATMOSPHERIC ADMIN- (2) the Secretary of Defense should comply fense committees the first report under para- ISTRATION. with the requirements of section 233 of the Na- graph (1), the Comptroller General shall in- (a) IN GENERAL.—Subsection (a) of section tional Defense Authorization Act for Fiscal clude, with respect to the Amphibious Combat 7903 of title 10, United States Code, is amend- Year 2012 by submitting the homeland defense Vehicle program, an assessment of the suffi- ed— hedging policy and strategy report to Congress. ciency and objectivity of the following docu- (1) in the matter preceding paragraph (1)— Subtitle D—Reports ments: (A) by inserting ‘‘, through the Administrator (A) The analysis of alternatives. of the National Oceanic and Atmospheric Ad- SEC. 251. MISSION PACKAGES FOR THE LITTORAL ministration,’’ after ‘‘The Council’’; COMBAT SHIP. (B) The initial capabilities document. (C) The capability development document. (B) by inserting ‘‘and Resources’’ after (a) REPORT REQUIRED.—Not later than March (4) INFORMATION IN SUBSEQUENT REPORTS.— ‘‘Ocean Research’’; 1, 2013, the Secretary of the Navy shall, in con- (A) CERTAIN INFORMATION REQUIRED ONLY (C) by striking ‘‘Panel consisting’’ and insert- sultation with the Director of Operational Test FOLLOWING SIGNIFICANT CHANGES.—A report ing ‘‘Panel. The Panel shall consist’’; and and Evaluation, submit to the congressional de- under this subsection after the first report under (D) by striking ‘‘chairman’’ and inserting fense committees a report on the mine counter- paragraph (1) shall address the matters identi- ‘‘Administrator, on behalf of the Council’’; measures warfare (MCM), antisubmarine war- fied in subparagraphs (C), (D), and (E) of para- (2) in paragraph (1), by striking ‘‘National fare (ASW), and surface warfare (SUW) Mission graph (2) only to the extent that the Comptroller Academy of Science’’ and inserting ‘‘National Packages for the Littoral Combat Ship. General determines that there have been signifi- Academies of Science’’; (b) ELEMENTS.—The report required by sub- cant changes to the applicable plans, strategies, (3) by striking paragraphs (2) and (3); and (4) by redesignating paragraphs (4) and (5) as section (a) shall set forth the following: or schedules since the last report under this subparagraphs (2) and (3), respectively. (1) A plan for the Mission Packages dem- section addressing such matters. (b) RESPONSIBILITIES OF PANEL.—Subsection onstrating that Preliminary Design Review for (B) ADDITIONAL INFORMATION AFTER AP- every capability increment precedes Milestone B (b) of such section is amended— PROVAL OR CHANGE OF DOCUMENTS.—If any doc- (1) by inserting ‘‘, through the Administrator or equivalent approval for that increment. ument specified in paragraph (3) is approved or of the National Oceanic and Atmospheric Ad- (2) A plan for demonstrating that the capa- changed after the first report under paragraph ministration,’’ after ‘‘The Council’’; bility increment for each Mission Package, com- (1), the Comptroller General shall provide an as- (2) by striking paragraph (2); bined with a Littoral Combat Ship, on the basis sessment of the sufficiency and objectivity of (3) by redesignating paragraphs (3) and (4) as of a Preliminary Design Review and post-Pre- that document in the report to the congressional paragraphs (4) and (5), respectively; and liminary Design Review assessment, will achieve defense committees under paragraph (1) sub- (4) by inserting after paragraph (1) the fol- the capability specified for that increment. mitted immediately following such approval or lowing new paragraphs (2) and (3): (3) A plan for demonstrating the survivability change. ‘‘(2) To advise the Council on the determina- and lethality of the Littoral Combat Ship with (5) TERMINATION.—No report is required under tion of scientific priorities and needs. its Mission Packages sufficiently early in the this subsection after the first report following ‘‘(3) To provide the Council strategic advice development phase of the system to minimize the award of a contract for full rate production regarding national ocean program execution costs of concurrency. of the Amphibious Combat Vehicle. and collaboration.’’.

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(c) FUNDING TO SUPPORT ACTIVITIES OF tions, including past incidents of environmental (c) MILITARY INSTALLATION DEFINED.—In this PANEL.—Subsection (c) of such section is contamination; section, the term ‘‘military installation’’ means amended by striking ‘‘Secretary of the Navy’’ (2) establish procedures for tracking and doc- a base, camp, post, station, yard, center, home- and inserting ‘‘Secretary of Commerce’’. umenting the status and nature of responses to port facility for any ship, or other activity (d) CONFORMING AMENDMENT.—Section the findings and recommendations of the public under the jurisdiction of the Department of De- 7902(e)(1) of such title is amended by striking health assessments of the Agency of Toxic Sub- fense, which is located within any of the several ‘‘Ocean Research Advisory Panel’’ and insert- stances and Disease Registry that involve con- States, the District of Columbia, the Common- ing ‘‘Ocean Research and Resources Advisory tamination at military installations; and wealth of Puerto Rico, American Samoa, the Panel’’. (3) prescribe appropriate actions with respect Virgin Islands, the Commonwealth of the North- (e) CLERICAL AMENDMENTS.— to the identification of military and civilian in- ern Mariana Islands, or Guam. (1) HEADING AMENDMENT.—The heading of dividuals who may have been exposed to con- Subtitle C—Logistics and Sustainment section 7903 of such title is amended to read as tamination while living or working on military SEC. 321. REPEAL OF CERTAIN PROVISIONS RE- follows: installations. LATING TO DEPOT-LEVEL MAINTE- ‘‘§ 7903. Ocean Research and Resources Advi- (b) REPORT.—Not later than 30 days after NANCE. sory Panel’’. issuing the guidance required under subsection (a) REPEAL.— (a), the Secretary of Defense shall transmit a (2) TABLE OF SECTIONS.—The table of sections (1) Section 2460 of title 10, United States Code copy of the guidance to the congressional de- at the beginning of chapter 665 of such title is (as amended by section 321 of the National De- fense committees. amended by striking the item relating to section fense Authorization Act for Fiscal Year 2012 7903 and inserting the following new item: SEC. 312. FUNDING OF AGREEMENTS UNDER THE (Public Law 112–81)), is repealed. SIKES ACT. ‘‘7903. Ocean Research and Resources Advisory (2) Section 2464 of title 10, United States Code Section 103a of the Sikes Act (16 U.S.C. 670c– Panel.’’. (as amended by section 327 of the National De- 1) is amended— (f) REFERENCES.—Any reference to the Ocean fense Authorization Act for Fiscal Year 2012), is (1) in subsection (b)— Research Advisory Panel in any law, regula- repealed. (A) by inserting ‘‘(1)’’ before ‘‘Funds’’; and (b) REVIVAL OF SUPERSEDED PROVISIONS.— tion, map, document, record, or other paper of (B) by adding at the end the following new the United States shall be deemed to be a ref- (1) The provisions of section 2460 of title 10, paragraph: United States Code, as in effect on December 30, erence to the Ocean Research and Resources ‘‘(2) In the case of a cooperative agreement Advisory Panel. 2011 (the day before the date of the enactment under subsection (a)(2), such funds— of the National Defense Authorization Act for SEC. 272. SENSE OF SENATE ON INCREASING THE ‘‘(A) may be paid in a lump sum and include Fiscal Year 2012), are hereby revived. COST-EFFECTIVENESS OF TRAINING an amount intended to cover the future costs of (2)(A) The provisions of section 2464 of 10, EXERCISES FOR MEMBERS OF THE the natural resource maintenance and improve- ARMED FORCES. United States Code, as in effect on that date, ment activities provided for under the agree- It is the sense of the Senate that— are hereby revived. ment; and (1) modeling and simulation will continue to (B) The table of sections at the beginning of ‘‘(B) may be placed by the recipient in an in- play a critical role in the training of the mem- chapter 146 of such title is amended by striking terest-bearing account, and any interest shall be bers of the Armed Forces; the item relating to section 2464 and inserting applied for the same purposes as the prin- (2) while increased modeling and simulation the following new item: cipal.’’; and has reduced overall costs of training of members ‘‘2464. Core logistics capabilities.’’. (2) by amending subsection (c) to read as fol- of the Armed Forces, there are still significant (c) CONFORMING AMENDMENTS.— lows: (1) Section 2366a of title 10, United States costs associated with the human resources re- ‘‘(c) AVAILABILITY OF FUNDS; AGREEMENT Code, is amended by striking ‘‘core depot-level quired to execute certain training exercises UNDER OTHER LAWS.—(1) Cooperative agree- maintenance and repair capabilities’’ each place where role-playing actors for certain characters ments and interagency agreements entered into it appears and inserting ‘‘core logistics capabili- such as opposing forces, the civilian populace, under this section shall be subject to the avail- ties’’. other government agencies, and non-govern- ability of funds. (2) Section 2366b(A)(3)(F) of title 10, United mental organizations are required; ‘‘(2) Notwithstanding chapter 63 of title 31, a States Code, is amended by striking ‘‘core depot- (3) technological advances in areas such as cooperative agreement under this section may be level maintenance and repair capabilities, as varying levels of autonomy for systems, multi- used to acquire property or services for the di- well as the associated logistics capabilities’’ and player gaming techniques, and artificial intel- rect benefit or use of the United States Govern- inserting ‘‘core logistics capabilities’’. ligence could reduce the number of personnel re- ment.’’. (3) Section 801(c) of the National Defense Au- quired to support certain training exercises for SEC. 313. REPORT ON PROPERTY DISPOSALS AND thorization Act for Fiscal Year 2012 (125 Stat. members of the Armed Forces, and thereby re- ADDITIONAL AUTHORITIES TO AS- 1483; 10 U.S.C. 2366a note) is amended by strik- duce the overall cost of the exercises; and SIST LOCAL COMMUNITIES AROUND ing ‘‘core depot-level maintenance and repair (4) the Secretary of Defense should develop a CLOSED MILITARY INSTALLATIONS. capabilities, as well as the associated logistics plan to increase the use of emerging tech- (a) IN GENERAL.—Not later than 180 days capabilities’’ and inserting ‘‘core logistics capa- nologies in autonomous systems, the commercial after the date of the enactment of this Act, the bilities’’. gaming sector, and artificial intelligence for Secretary of Defense shall submit to the congres- (d) EFFECTIVE DATE.—This section and the training exercises for members of the Armed sional defense committees a report on the dis- amendments made by this section shall take ef- Forces to increase training effectiveness and re- position of any not yet completed closure of an fect on December 31, 2011, the date of the enact- duce costs. active duty military installation since 1988 in ment of the National Defense Authorization Act TITLE III—OPERATION AND the United States that was not subject to the for Fiscal Year 2012, immediately after the en- MAINTENANCE property disposal provisions contained in the actment of that Act. Subtitle A—Authorization of Appropriations Defense Base Closure and Realignment Act of SEC. 322. EXPANSION AND REAUTHORIZATION OF 1990 (part A of title XXIX of Public Law 101– MULTI-TRADES DEMONSTRATION SEC. 301. OPERATION AND MAINTENANCE FUND- 510; 10 U.S.C. 2687 note). ING. PROJECT. (b) ELEMENTS.—The report required by sub- Funds are hereby authorized to be appro- (a) EXPANSION.—Section 338 of the National section (a) shall include the following: priated for fiscal year 2013 for the use of the Defense Authorization Act for Fiscal Year 2004 (1) The status of property described in sub- Armed Forces and other activities and agencies (10 U.S.C. 5013 note) is amended— section (a) that is yet to be disposed of. (1) by striking subsection (a) and inserting the of the Department of Defense for expenses, not (2) An assessment of the environmental condi- following new subsection: otherwise provided for, for operation and main- tions of, and plans and costs for environmental ‘‘(a) DEMONSTRATION PROJECT AUTHORIZED.— tenance, as specified in the funding table in sec- remediation for, each such property. In accordance with section 4703 of title 5, United tion 4301. (3) The anticipated schedule for the comple- States Code, the Secretary of a military depart- Subtitle B—Energy and Environmental tion of the disposal of each such property. ment may carry out a demonstration project at Provisions (4) An estimate of the costs, and a description facilities described in subsection (b) under SEC. 311. DEPARTMENT OF DEFENSE GUIDANCE of additional potential future financial liability which workers who are certified at the journey ON ENVIRONMENTAL EXPOSURES AT or other impacts on the Department of Defense, level as able to perform multiple trades shall be MILITARY INSTALLATIONS. if the authorities provided by Congress for mili- promoted by one grade level.’’; and (a) GUIDANCE.—Not later than 180 days after tary installations closed under defense base clo- (2) in subsection (b), by striking ‘‘Logistics the date of the enactment of this Act, the Sec- sure and realignment (BRAC) are extended to Center, Navy Fleet Readiness Center,’’ and in- retary of Defense shall issue to the appropriate military installations closed outside the defense serting ‘‘Logistics Complex, Navy Fleet Readi- military departments and other defense agencies base closure and realignment process and for ness Center, Navy shipyard, Marine Corps Lo- written guidance on environmental exposures at which property has yet to be disposed. gistics Base,’’. military installations. The guidance shall— (5) Such recommendations as the Secretary (b) REAUTHORIZATION.—Such section is fur- (1) set forth criteria for when and under what considers appropriate for additional authorities ther amended— circumstances public health assessments by the to assist the Department in expediting the dis- (1) in subsection (d), by striking ‘‘2013’’ and Agency for Toxic Substances and Disease Reg- posal of property at closed military installations inserting ‘‘2018’’; and istry shall be requested in connection with envi- in order to facilitate economic redevelopment for (2) in subsection (e), by striking ‘‘2014’’ and ronmental contamination at military installa- local communities. inserting ‘‘2019’’.

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SEC. 323. RATING CHAINS FOR SYSTEM PROGRAM performing such other critical functions as may ‘‘(c) ANNUAL REPORT.—Not later than April 1 MANAGERS. be identified by the Secretary as requiring ex- of each year, the Secretary of Defense shall sub- The Secretary of the Air Force, in managing emption in the interest of the national defense. mit to the congressional defense committees a re- system program management responsibilities for (c) REPORTS.— port regarding Department of Defense support sustainment programs not assigned to a program (1) INITIAL REPORT.—Not later than 120 days for the NATO Special Operations Headquarters. executive officer or a direct reporting program after the date of the enactment of this Act, the Each report shall include the following: manager, shall comply with the Department of Secretary shall submit to the congressional de- ‘‘(1) The total amount of funding provided to Defense Instructions regarding assignment of fense committees a report including a com- the NATO Special Operations Headquarters. program responsibility. prehensive description of the plan required by ‘‘(2) A summary of the activities funded with Subtitle D—Reports subsection (a). such support. (2) STATUS REPORTS.—Not later than 60 days ‘‘(3) Other contributions, financial or in kind, SEC. 331. ANNUAL REPORT ON DEPARTMENT OF after the end of each fiscal year from fiscal year DEFENSE LONG-TERM CORROSION provided in support of the NATO Special Oper- STRATEGY. 2013 through fiscal year 2017, the Secretary shall ations Headquarters by other NATO member submit to the congressional defense committees a Section 2228(e) of title 10, United States Code, countries.’’. report describing the implementation of the plan is amended— (b) CLERICAL AMENDMENT.—The table of sec- during the prior fiscal year. Each such report (1) in paragraph (1)— tions at the beginning of such chapter is amend- (A) in subparagraph (B), by inserting ‘‘, in- shall include a direct comparison of the savings ed by inserting after the item relating to section cluding available validated data on return on achieved under the plan to the savings achieved 2350m the following new item: investment for completed corrosion projects and in the same fiscal year through reductions in ‘‘2350n. NATO Special Operations Head- activities’’ after ‘‘the strategy’’; military end strengths. In any case in which quarters.’’. (B) in subparagraph (E), by striking ‘‘For the savings fall short of the annual target, the re- SEC. 343. REPEAL OF REDUNDANT AUTHORITY TO fiscal year covered by the report and the pre- port shall include an explanation of the reasons ENSURE INTEROPERABILITY OF LAW ceding fiscal year’’ and inserting ‘‘For the pre- for such shortfall. ENFORCEMENT AND EMERGENCY (3) EXEMPTIONS.—Each report under para- RESPONDER TRAINING. ceding fiscal year covered by the report’’; and graphs (1) and (2) shall specifically identify any Section 372 of title 10, United States Code, is (C) by inserting at the end the following new exemption granted by the Secretary under sub- amended— subparagraph: section (b)(3) in the period of time covered by (1) by striking ‘‘(a) IN GENERAL.—’’; and ‘‘(F) For the preceding fiscal year covered by the report. (2) by striking subsection (b). the report, a breakdown of the amount of funds (d) LIMITATION ON TRANSFERS OF FUNC- used for military corrosion projects, the Tech- SEC. 344. SENSE OF THE CONGRESS ON NAVY TIONS.—The Secretary shall ensure that the sav- nical Corrosion Collaboration pilot program, FLEET REQUIREMENTS. ings required by this section are not achieved It is the sense of Congress that— and other corrosion-related activities.’’; through unjustified transfers of functions be- (2) by striking paragraph (2); and (1) The Secretary of the Navy, in supporting tween or among the military, civilian, and serv- the operational requirements of the combatant (3) by redesignating paragraph (3) as para- ice contractor workforces of the Department of graph (2). commands, should maintain in the operational Defense. capability of and perform the necessary mainte- SEC. 332. MODIFIED DEADLINE FOR COMP- (e) SENSE OF CONGRESS.—It is the sense of nance on each cruiser and dock landing ship be- TROLLER GENERAL REVIEW OF AN- Congress that an amount equal to 30 percent of longing to the Navy; NUAL REPORT ON PREPOSITIONED the amount of the reductions in appropriated MATERIEL AND EQUIPMENT. (2) for retirements of ships owned by the Navy funds attributable to reduced budgets for the ci- Section 2229a(b) of title 10, United States prior to their projected end of service life, the vilian and service contractor workforces of the Code, is amended by striking ‘‘By not later than Chief of Naval Operations must explain to the Department by reason of the plan required by 120 days after the date on which a report is sub- Congressional Defense Committees how the re- subsection (a) should be made available for costs mitted under subsection (a), the Comptroller tention of each ship would degrade the overall of assisting military personnel separated from General shall review the report’’ and inserting readiness of the fleet and endanger United the Armed Forces in the transition from military ‘‘The Comptroller General shall review the re- States National Security and the objectives of service. port submitted under subsection (a)’’. the combatant commanders; and (f) SERVICE CONTRACTOR WORKFORCE DE- (3) revitalizing the Navy’s 30-year ship- Subtitle E—Other Matters FINED.—In this section, the term ‘‘service con- building plan should be a national priority, and SEC. 341. SAVINGS TO BE ACHIEVED IN CIVILIAN tractor workforce’’ means contractor employees a commensurate amount of increased funding WORKFORCE AND CONTRACTOR EM- performing contract services, as defined in sec- should be provided to the Navy in the Future PLOYEE WORKFORCE OF THE DE- tion 2330(c)(2) of title 10, United States Code, Years Defense Program to help close the gap be- PARTMENT OF DEFENSE. other than contract services that are funded out tween requirements and the current size of the (a) REQUIRED SAVINGS.—Commencing not of amounts available for overseas contingency fleet. later than 90 days after the date of the enact- operations. ment of this Act, the Secretary of Defense shall TITLE IV—MILITARY PERSONNEL SEC. 342. NATO SPECIAL OPERATIONS HEAD- AUTHORIZATIONS begin the implementation of an efficiencies plan QUARTERS. for the civilian workforce and the service con- (a) IN GENERAL.—Chapter 138 of title 10, Subtitle A—Active Forces tractor workforce of the Department of Defense United States Code, is amended by adding at the SEC. 401. END STRENGTHS FOR ACTIVE FORCES. which shall achieve savings in the funding for end the following new section: The Armed Forces are authorized strengths each such workforce over the period from fiscal ‘‘§ 2350n. NATO Special Operations Head- for active duty personnel as of September 30, year 2012 through fiscal year 2017 that are not quarters 2013, as follows: less, as a percentage of such funding, than the ‘‘(a) AUTHORIZATION.—Of the amounts au- (1) The Army, 552,100. savings in funding for military personnel thorized to be appropriated for fiscal year 2013 (2) The Navy, 322,700. achieved by the planned reduction in military and for subsequent fiscal years for the Depart- (3) The Marine Corps, 197,300. end strengths over the same period of time. ment of Defense for operation and maintenance, (4) The Air Force, 329,597. (b) EXCLUSIONS.—The funding reduction re- up to $50,000,000 may be used for a fiscal year SEC. 402. ADDITIONAL MARINE CORPS PER- quired by subsection (a) shall not include fund- for the purposes set forth in subsection (b) for SONNEL FOR THE MARINE CORPS ing for the following: SECURITY GUARD PROGRAM. support of operations of the North Atlantic (1) Civilian personnel expenses for personnel Treaty Organization (NATO) Special Operations (a) ADDITIONAL PERSONNEL.— as follows: Headquarters. (1) IN GENERAL.—The Secretary of Defense (A) Personnel in Mission Critical Occupa- ‘‘(b) PURPOSES.—The Secretary of Defense shall develop and implement a plan which shall tions, as defined by the Civilian Human Capital may provide funds for the NATO Special Oper- increase the number of Marine Corps personnel Strategic Plan of the Department of Defense ations Headquarters— assigned to the Marine Corps Embassy Security and the Acquisition Workforce Plan of the De- ‘‘(1) to improve coordination and cooperation Group at Quantico, Virginia, and Marine Secu- partment of Defense. between the special operations forces of NATO rity Group Regional Commands and Marine Se- (B) Personnel employed at facilities providing member countries; curity Group detachments at United States mis- core logistics capabilities pursuant to section ‘‘(2) to facilitate joint operations by special sions around the world by up to 1,000 Marines 2464 of title 10, United States Code. operations forces of NATO member countries; during fiscal years 2014 through 2017. (C) Personnel in the Offices of the Inspectors ‘‘(3) to support command, control, and com- (2) PURPOSE.—The purpose of the increase General of the Department of Defense. munications capabilities peculiar to special op- under paragraph (1) shall be to provide the end (2) Service contractor expenses for personnel erations forces of NATO member countries; strength and resources necessary to support an as follows: ‘‘(4) to promote special operations forces intel- increase in Marine Corps security at United (A) Personnel performing maintenance and re- ligence and informational requirements within States consulates and embassies throughout the pair of military equipment. the NATO structure; and world, and in particular at locations identified (B) Personnel providing medical services. ‘‘(5) to promote interoperability through the by the Secretary of State as in need of increased (C) Personnel performing financial audit serv- development of common equipment standards, security in light of threats to United States per- ices. tactics, techniques, and procedures, and sonnel and property by terrorists. (3) Personnel expenses for personnel in the ci- through execution of multinational education (b) CONSULTATION.—The Secretary of Defense vilian personnel or service contractor workforce and training programs. shall develop and implement the plan required

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by subsection (a) in consultation with the Sec- of the Marine Corps Security Guard Program is (1) NATIONAL GUARD.—Within the limitation retary of State pursuant to the responsibility of necessary or advisable in light of any change in provided in section 10217(c)(2) of title 10, United the Secretary of State for diplomatic security the nature of threats to United States embassies, States Code, the number of non-dual status under section 103 of the Diplomatic Security Act consulates and other diplomatic facilities technicians employed by the National Guard as (22 U.S.C. 4802), and in accordance with any abroad, the President shall— of September 30, 2013, may not exceed the fol- current memorandum of understanding between (A) notify Congress of such modification and lowing: the Department of State and the Marine Corps the change in the nature of threats prompting (A) For the Army National Guard of the on the operational and administrative super- such modification; and United States, 1,600. vision of the Marine Corps Security Guard Pro- (B) take such modification into account in re- (B) For the Air National Guard of the United gram. questing an end strength and funds for the Pro- States, 350. (c) FUNDING.— gram for any fiscal year in which such modi- (2) ARMY RESERVE.—The number of non-dual (1) BUDGET REQUESTS.—The budget of the fication is in effect. status technicians employed by the Army Re- President for each fiscal year after fiscal year Subtitle B—Reserve Forces serve as of September 30, 2013, may not exceed 595. 2013, as submitted to Congress pursuant to sec- SEC. 411. END STRENGTHS FOR SELECTED RE- (3) AIR FORCE RESERVE.—The number of non- tion 1105(a) of title 31, United States Code, shall SERVE. dual status technicians employed by the Air set forth as separate line elements, under the (a) IN GENERAL.—The Armed Forces are au- amounts requested for such fiscal year for each thorized strengths for Selected Reserve per- Force Reserve as of September 30, 2013, may not of procurement, operation and maintenance, sonnel of the reserve components as of Sep- exceed 90. (b) NON-DUAL STATUS TECHNICIANS DE- and military personnel to fully fund each of the tember 30, 2013, as follows: following: (1) The Army National Guard of the United FINED.—In this section, the term ‘‘non-dual sta- (A) The Marine Corps. States, 358,200. tus technician’’ has the meaning given that term (B) The Marine Corps Security Guard Pro- (2) The Army Reserve, 205,000. in section 10217(a) of title 10, United States gram, including for the additional personnel (3) The Navy Reserve, 62,500. Code. under the Marine Corps Security Guard Pro- (4) The Marine Corps Reserve, 39,600. SEC. 415. MAXIMUM NUMBER OF RESERVE PER- gram as result of the plan required by sub- (5) The Air National Guard of the United SONNEL AUTHORIZED TO BE ON AC- section (a). States, 106,435. TIVE DUTY FOR OPERATIONAL SUP- PORT. (2) PRESERVATION OF FUNDING FOR USMC (6) The Air Force Reserve, 72,428. UNDER NATIONAL MILITARY STRATEGY.—In deter- (7) The Coast Guard Reserve, 9,000. During fiscal year 2013, the maximum number mining the amounts to be requested for a fiscal (b) END STRENGTH REDUCTIONS.—The end of members of the reserve components of the year for the Marine Corps Security Guard Pro- strengths prescribed by subsection (a) for the Se- Armed Forces who may be serving at any time gram and for additional personnel under the lected Reserve of any reserve component shall be on full-time operational support duty under sec- Marine Corps Security Guard Program under proportionately reduced by— tion 115(b) of title 10, United States Code, is the paragraph (1), the President shall ensure that (1) the total authorized strength of units orga- following: amounts requested for the Marine Corps for that nized to serve as units of the Selected Reserve of (1) The Army National Guard of the United fiscal year do not degrade the readiness of the such component which are on active duty (other States, 17,000. (2) The Army Reserve, 13,000. Marine Corps to fulfill the requirements of the than for training) at the end of the fiscal year; (3) The Navy Reserve, 6,200. National Military Strategy. and (2) the total number of individual members not (4) The Marine Corps Reserve, 3,000. (d) REPORTS.— (5) The Air National Guard of the United (1) REPORTS ON PROGRAM.—Not later than Oc- in units organized to serve as units of the Se- lected Reserve of such component who are on States, 16,000. tober 1, 2014, and annually thereafter through (6) The Air Force Reserve, 14,000. October 1, 2017, the Secretary of Defense shall, active duty (other than for training or for un- in coordination with the Secretary of State, sub- satisfactory participation in training) without Subtitle C—Authorization of Appropriations mit to Congress a report on the Marine Corps their consent at the end of the fiscal year. SEC. 421. MILITARY PERSONNEL. Security Guard Program. Each report shall in- (c) END STRENGTH INCREASES.—Whenever (a) AUTHORIZATION OF APPROPRIATIONS.— clude the following: units or individual members of the Selected Re- Funds are hereby authorized to be appropriated (A) A description of the expanded security serve of any reserve component are released for fiscal year 2013 for the use of the Armed support provided by Marine Corps Security from active duty during any fiscal year, the end Forces and other activities and agencies of the Guards to the Department of State during the strength prescribed for such fiscal year for the Department of Defense for expenses, not other- fiscal year ending on the date of such report, in- Selected Reserve of such reserve component wise provided for, for military personnel, as cluding— shall be increased proportionately by the total specified in the funding table in section 4401. (i) any increased internal security provided at authorized strengths of such units and by the (b) CONSTRUCTION OF AUTHORIZATION.—The United States embassies and consulates total number of such individual members. authorization of appropriations in subsection throughout the world; SEC. 412. END STRENGTHS FOR RESERVES ON AC- (a) supersedes any other authorization of appro- (ii) any increased support for emergency ac- TIVE DUTY IN SUPPORT OF THE RE- priations (definite or indefinite) for such pur- tion planning, training, and advising of host SERVES. pose for fiscal year 2013. Within the end strengths prescribed in section nation security forces; and TITLE V—MILITARY PERSONNEL POLICY 411(a), the reserve components of the Armed (iii) any expansion of intelligence collection Subtitle A—Officer Policy activities. Forces are authorized, as of September 30, 2013, (B) A description of the current status of Ma- the following number of Reserves to be serving SEC. 501. EXTENSION OF RELAXATION OF LIMITA- TION ON SELECTIVE EARLY DIS- rine Corps personnel assigned to the Program as on full-time active duty or full-time duty, in the case of members of the National Guard, for the CHARGES. a result of the plan required by subsection (a). Section 638a(d)(2) of title 10 United States (C) A description of the Department of De- purpose of organizing, administering, recruiting, instructing, or training the reserve components: Code, is amended in subparagraphs (A) and (B) fense resources required in the fiscal year end- by striking ‘‘except that during the period being on the date of such report to support the (1) The Army National Guard of the United States, 32,060. ginning on October 1, 2006, and ending on De- Marine Corps Security Guard program, includ- cember 31, 2012,’’ and inserting ‘‘except that ing total end strength and key supporting pro- (2) The Army Reserve, 16,277. (3) The Navy Reserve, 10,114. through December 31, 2018,’’. grams that enable both its current and ex- (4) The Marine Corps Reserve, 2,261. SEC. 502. EXCEPTION TO 30-YEAR RETIREMENT panded mission during such fiscal year. (5) The Air National Guard of the United FOR REGULAR NAVY WARRANT OFFI- (D) A reassessment of the mission of the Pro- States, 14,871. CERS IN THE GRADE OF CHIEF WAR- gram, as well as procedural rules of engagement (6) The Air Force Reserve, 2,888. RANT OFFICER, W–5. under the Program, in light of current and SEC. 413. END STRENGTHS FOR MILITARY TECH- (a) EXCEPTION TO STATUTORY 30-YEAR RETIRE- emerging threats to United States diplomatic NICIANS (DUAL STATUS). MENT.—Paragraph (1) of section 1305(a) of title personnel, and a description and assessment of The minimum number of military technicians 10, United States Code, is amended— options to improve the Program to respond to (dual status) as of the last day of fiscal year (1) by inserting ‘‘or a regular Navy warrant such threats. 2013 for the reserve components of the Army and officer in the grade of chief warrant officer, W– (E) An assessment of the feasibility and advis- the Air Force (notwithstanding section 129 of 5, exempted under paragraph (3)’’ after ‘‘Army ability of authorizing, funding, and admin- title 10, United States Code) shall be the fol- warrant officer’’; and istering the Program as a separate program lowing: (2) by striking ‘‘he’’ and inserting ‘‘the offi- within the Marine Corps, and if such actions (1) For the Army Reserve, 8,445. cer’’. are determined to be feasible and advisable, rec- (2) For the Army National Guard of the (b) MODIFICATION OF STATUTORY RETIREMENT ommendations for legislative and administrative United States, 28,380. FROM 30 TO 33 YEARS.—Such section is further actions to provide for authorizing, funding, and (3) For the Air Force Reserve, 10,716. amended by adding at the end the following administering the Program as a separate pro- (4) For the Air National Guard of the United new paragraph: gram within the Marine Corps. States, 22,313. ‘‘(3) In the case of a regular Navy warrant of- (2) REPORT ON CHANGES IN SCOPE OF PROGRAM SEC. 414. FISCAL YEAR 2013 LIMITATION ON NUM- ficer in the grade of chief warrant officer, W–5, IN RESPONSE TO CHANGING THREATS.—If the BER OF NON-DUAL STATUS TECHNI- the officer shall be retired 60 days after the date President determines that a modification CIANS. on which the officer completes 33 years of total (whether an increase or a decrease) in the scope (a) LIMITATIONS.— active service.’’.

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00060 Fmt 4624 Sfmt 6333 E:\CR\FM\A12DE6.041 S12DEPT1 tjames on DSK6SPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — SENATE S7813 SEC. 503. MODIFICATION OF DEFINITION OF ance with such training to the local commu- across the Armed Forces and between the reg- JOINT DUTY ASSIGNMENT TO IN- nities of those servicemembers and families, to be ular components and reserve components of the CLUDE ALL INSTRUCTOR ASSIGN- provided in coordination with local community Armed Forces. MENTS FOR JOINT TRAINING AND programs. (c) REPORT.—Not later than 180 days after the EDUCATION. Section 668(b)(1)(B) of title 10, United States ‘‘(e) COLLABORATION.—In carrying out the date of the enactment of this Act, the Secretary Code, is amended by striking ‘‘assignments for program, the Secretary shall collect and analyze shall submit to the congressional defense com- joint’’ and all that follows through ‘‘Phase II’’ ‘lessons learned’ and suggestions from State Na- mittees a report on the study required by sub- and inserting ‘‘student assignments for joint tional Guard and Reserve organizations with section (a). The report shall set forth the results training and education’’. existing or developing suicide prevention and of the study, including the matters specified in community response programs. subsection (b), and include such comments and SEC. 504. SENSE OF SENATE ON INCLUSION OF ‘‘(f) TERMINATION.—The program under this ASSIGNMENTS AS ACADEMIC IN- recommendation in light of the study as the Sec- STRUCTOR AT THE MILITARY SERV- section shall terminate on October 1, 2015.’’. retary considers appropriate. ICE ACADEMIES AS JOINT DUTY AS- (2) CLERICAL AMENDMENT.—The table of sec- Subtitle C—General Service Authorities SIGNMENTS. tions at the beginning of chapter 1007 of such title is amended by adding at the end the fol- SEC. 521. DIVERSITY IN THE ARMED FORCES AND It is the sense of the Senate that the Secretary RELATED REPORTING REQUIRE- of Defense should include assignments in which lowing new item: MENTS. ‘‘10219. Suicide prevention and resilience pro- military officers are assigned as instructors re- (a) PLAN TO ACHIEVE DIVERSITY IN THE gram.’’. sponsible for preparing and presenting academic ARMED FORCES.—The Secretary of Defense shall (b) REPEAL OF SUPERSEDED PROVISION.—Sub- courses on the faculty of the United States Mili- develop and implement a plan to accurately section (i) of section 582 of the National Defense tary Academy, the United States Naval Acad- measure the efforts of the Department of De- Authorization Act for Fiscal Year 2008 (10 emy, or the United States Air Force Academy as fense to achieve the goal of having a dynamic U.S.C. 10101 note) is repealed. joint duty assignments. and sustainable 20–30 year pipeline that yields a Subtitle B—Reserve Component Management SEC. 513. REPORT ON MECHANISMS TO EASE THE diverse officer and enlisted corps for the Armed REINTEGRATION INTO CIVILIAN SEC. 511. AUTHORITY FOR APPOINTMENT OF PER- Forces that reflects the population of the United LIFE OF MEMBERS OF THE NA- SONS WHO ARE LAWFUL PERMA- TIONAL GUARD AND THE RESERVES States eligible to serve in the Armed Forces NENT RESIDENTS AS OFFICERS OF FOLLOWING A DEPLOYMENT ON AC- across all the Armed Forces, and all grades of THE NATIONAL GUARD. TIVE DUTY. each Armed Force, that is able to prevail in its Section 313(b)(1) of title 32, United States (a) STUDY REQUIRED.—The Secretary of De- wars, prevent and deter conflicts, defeat adver- Code, is amended by inserting ‘‘or an alien law- fense shall conduct a study of the adequacy of saries and succeed in a wide-range of contin- fully admitted for permanent residence (as that mechanisms for the reintegration into civilian gencies, and preserve and enhance the all vol- term is defined in section 101(a)(20) of the Immi- life of members of the National Guard and the unteer force. Any metric established pursuant to gration and Nationality Act (8 Reserves following a deployment on active duty this subsection may not be used in a manner U.S.C.1101(a)(20))’’ before the semicolon. in the Armed Forces, including whether permit- that undermines the merit-based processes of the SEC. 512. RESERVE COMPONENT SUICIDE PRE- ting such members to remain on active duty for Department of Defense, including such proc- VENTION AND RESILIENCE PRO- esses for accession, retention, and promotion. GRAM. a limited period after such deployment (often re- Such metrics may not be combined with the (a) CODIFICATION, TRANSFER OF RESPONSI- ferred to as a ‘‘soft landing’’) is feasible and ad- identification of specific quotas based upon di- BILITY, AND EXTENSION.— visable for facilitating and easing that re- versity characteristics. The Secretary shall con- (1) IN GENERAL.—Chapter 1007 of title 10, integration. United States Code, is amended by adding at the (b) ELEMENTS.— tinue to account for diversified language and end the following new section: (1) IN GENERAL.—The study required by sub- cultural skills among the total force of the mili- section (a) shall address the unique challenges tary. ‘‘§ 10219. Suicide prevention and resilience members of the National Guard and the Re- (b) METRICS TO MEASURE PROGRESS IN DEVEL- program serves face when reintegrating into civilian life OPING AND IMPLEMENTING PLAN.—In developing ‘‘(a) PROGRAM REQUIREMENT.—The Secretary following a deployment on active duty in the and implementing the plan under subsection (a), of Defense shall carry out a program to provide Armed Forces and the adequacy of the policies, the Secretary of Defense shall develop a stand- members of the National Guard and Reserves programs, and activities of the Department of ard set of metrics and collection procedures that and their families with training in suicide pre- Defense to assist such members in meeting such are uniform across the armed forces. The metrics vention, resilience, and community healing and challenges. required by this subsection shall be designed— response to suicide. (2) PARTICULAR ELEMENTS.—The study shall (1) to accurately capture the inclusion and ca- ‘‘(b) SUICIDE PREVENTION TRAINING.—Under take into consideration the following: pability aspects of the armed forces broader di- the program, the Secretary shall provide mem- (A) Disparities in reintegration after deploy- versity plans, including race, ethnic, and gender bers of the National Guard and Reserves with ment between members of the regular compo- specific groups, functional expertise, and diver- training in suicide prevention. Such training nents of the Armed Forces and members of the sified cultural and language skills so as to lever- may include— reserve components of the Armed Forces, includ- age and improve readiness; and ‘‘(1) describing the warning signs for suicide ing— (2) to be verifiable and systematically linked and teaching effective strategies for prevention (i) disparities in access to services, including, to strategic plans that will drive improvements. and intervention; (c) DEFINITION OF DIVERSITY.—In developing ‘‘(2) examining the influence of military cul- but not limited to, health care, mental health and implementing the plan under subsection (a), ture on risk and protective factors for suicide; counseling, job counseling, and family coun- each Secretary of a military department shall, and seling; ‘‘(3) engaging in interactive case scenarios (ii) disparities in amounts of compensated time in consultation with the Secretary of Defense, and role plays to practice effective intervention provided to take care of personal affairs; develop a definition of diversity that is reflective strategies. (iii) disparities in amounts of time required to of the culture, mission, and core values of each ‘‘(c) COMMUNITY RESPONSE TRAINING.—Under properly access services and to take care of per- Armed Force under the jurisdiction of such Sec- the program, the Secretary shall provide the sonal affairs, including travel time; and retary. families and communities of members of the Na- (iv) disparities in costs of uncompensated (d) CONSULTATION.—Not less than annually, tional Guard and Reserves with training in re- events or requirements, including, but not lim- the Secretary of Defense shall meet with the sponses to suicide that promote individual and ited to, travel costs and legal fees. Secretaries of the military departments, the community healing. Such training may in- (B) Disparities in reintegration policies and Joint Chiefs of Staff, and senior enlisted mem- clude— practices among the various Armed Forces and bers of the Armed Forces to discuss the progress ‘‘(1) enhancing collaboration among commu- between the regular and reserve components of being made toward developing and imple- nity members and local service providers to cre- the Armed Forces. menting the plan established under subsection ate an integrated, coordinated community re- (C) Disparities in the lengths of time of de- (a). sponse to suicide; ployment between the regular and reserve com- (e) REPORTS ON IMPLEMENTATION OF PLAN.— ‘‘(2) communicating best practices for pre- ponents of the Armed Forces. Not later than July 1, 2013, and biennially venting suicide, including safe messaging, ap- (D) Applicable medical studies on reintegra- thereafter through July 1, 2017, the Secretary of propriate memorial services, and media guide- tion, including studies on the rest and recuper- Defense shall submit to the congressional de- lines; ation needed to appropriately recover from com- fense committees a report on the following: ‘‘(3) addressing the impact of suicide on the bat and training stress. (1) The progress made in implementing the military and the larger community, and the in- (E) Other applicable studies on reintegration plan required by subsection (a) to accurately creased risk that can result; and policies and practices, including the rec- measure the efforts of the Department of De- ‘‘(4) managing resources to assist key commu- ommendations made by such studies. fense to achieve its diversity goals. nity and military service providers in helping (F) Appropriate recommendations for the ele- (2) The number of members of the Armed the families, friends, and fellow servicemembers ments of a program to assist members of the Na- Forces, including reserve components, listed by of a suicide victim through the processes of tional Guard and the Reserves following a de- sex and race or ethnicity for each grade under grieving and healing. ployment on active duty in the Armed Forces in each military department. ‘‘(d) COMMUNITY TRAINING ASSISTANCE.—The reintegrating into civilian life, including means (3) The number of members of the Armed program shall include the provision of assist- of ensuring that the program applies uniformly Forces, including reserve components, who were

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00061 Fmt 4624 Sfmt 6333 E:\CR\FM\A12DE6.041 S12DEPT1 tjames on DSK6SPTVN1PROD with S7814 CONGRESSIONAL RECORD — SENATE December 12, 2012 promoted during the years covered by the re- endar year quarter in 2013 and 2014, each Sec- SEC. 526. EXTENSION OF TEMPORARY INCREASE port, listed by sex and race or ethnicity for each retary of a military department shall submit to IN ACCUMULATED LEAVE CARRY- grade under each military department. the Committees on Armed Services of the Senate OVER FOR MEMBERS OF THE ARMED (4) The number of members of the Armed and the House of Representatives a report on FORCES. Forces, including reserve components, who reen- the number of members of the regular compo- Section 701(d) of title 10, United States Code, listed or otherwise extended the commitment to nents of the Armed Forces under the jurisdiction is amended by striking ‘‘September 30, 2013’’ and military service during the years covered by the of such Secretary who were involuntarily sepa- inserting ‘‘September 30, 2015’’. report, listed by sex and race or ethnicity for rated from active duty in the Armed Forces dur- SEC. 527. PROHIBITION ON WAIVER FOR COMMIS- each grade under each military department. ing such calendar year quarter. SIONING OR ENLISTMENT IN THE ARMED FORCES FOR ANY INDI- (5) The available pool of qualified candidates (b) ELEMENTS.—Each report on an Armed for the general officer grades of general and VIDUAL CONVICTED OF A FELONY Force for a calendar year quarter under sub- SEXUAL OFFENSE. lieutenant general and the flag officer grades of section (a) shall set forth the following: admiral and vice admiral. An individual may not be provided a waiver (1) The total number members involuntarily (f) APPLICABILITY TO COAST GUARD.—The Sec- for commissioning or enlistment in the Armed separated. retary of Homeland Security shall apply the Forces if the individual has been convicted provisions of this section (other than subsection (2) The number of members separated set forth under Federal or State law of a felony offense (d)) to the Coast Guard when it is not operating by grade. of any of the following: as a service in the Navy in order to achieve di- (3) The number of members separated set forth (1) Rape. versity in the Coast Guard in the same manner, by total years of service in the Armed Forces at (2) Sexual abuse. under the same schedule, and subject to the the time of separation. (3) Sexual assault. same conditions as diversity is achieved in the (4) The number of members separated set forth (4) Incest. other Armed Forces under this section. The Sec- by military occupational specialty or rating, or (5) Any other sexual offense. retary shall submit to the congressional defense competitive category for officers. SEC. 528. RESEARCH STUDY ON RESILIENCE IN committees the reports required by subsection (e) (5) The number of members separated who re- MEMBERS OF THE ARMY. with respect to the implementation of the provi- ceived involuntary separation pay, or who are (a) RESEARCH STUDY REQUIRED.— sions of this section regarding the Coast Guard authorized to receive temporary retired pay, in (1) IN GENERAL.—The Secretary of the Army when it is not operating as a service in the connection with separation. shall carry out a research program on resilience Navy. (6) The number of members who completed in members of the Army. SEC. 522. MODIFICATION OF AUTHORITY TO CON- transition assistance programs relating to future (2) PURPOSE.—The purpose of the research DUCT PROGRAMS ON CAREER FLEXI- employment. study shall be to determine the effectiveness of BILITY TO ENHANCE RETENTION OF (7) The average number of months deployed to the current Comprehensive Soldier and Family MEMBERS OF THE ARMED FORCES. overseas contingency operations set forth by Fitness (CSF2) Program of the Army while (a) EXTENSION OF PROGRAMS TO CERTAIN AC- grade. verifying the current means of the Army to re- TIVE GUARD AND RESERVE PERSONNEL.—Section duce trends in high risk or self-destructive be- 533 of Duncan Hunter National Defense Author- SEC. 525. REVIEW OF ELIGIBILITY OF VICTIMS OF DOMESTIC TERRORISM FOR AWARD havior and to prepare members of the Army to ization Act for Fiscal Year 2009 (10 U.S.C. prec. OF THE PURPLE HEART AND THE DE- manage stressful or traumatic situations by 701 note) is amended— FENSE MEDAL OF FREEDOM. training members in resilience strategies and (1) in subsection (a)(1), by inserting ‘‘and (a) REPORT.—Not later than March 1, 2013, techniques. members on active Guard and Reserve duty’’ the Secretary of Defense shall, in coordination (3) ELEMENTS.—In carrying out the research after ‘‘officers and enlisted members of the reg- with the Secretaries of the military departments, study, the Secretary shall determine the effec- ular components’’; submit to the Committees on Armed Services of tiveness of training under the Comprehensive (2) by redesignating subsection (l) as sub- the Senate and the House of Representatives a Soldier and Family Fitness program in— section (m); and report on— (A) enhancing individual performance (3) by inserting after subsection (k) the fol- through resiliency techniques and use of posi- lowing new subsection (l) (1) the advisability of modifying the criteria for the award of the Purple Heart to provide for tive and sports psychology; and ‘‘(l) DEFINITION.—In this section, the term ‘ac- (B) identifying and responding to early signs tive Guard and Reserve duty’ has the meaning the award of the Purple Heart to members of the Armed Forces who are killed or wounded in a of high-risk behavior in members of the Army given that term in section 101(d)(6) of title 10, assigned to units involved in the research study. United States Code.’’. terrorist attack within the United States that is (4) SCIENCE-BASED EVIDENCE AND TECH- (b) AUTHORITY TO CARRY FORWARD UNUSED determined to be inspired by ideological, polit- NIQUES.—The research study shall be rooted in ACCRUED LEAVE.—Subsection (h) of such section ical, or religious beliefs that give rise to ter- scientific evidence, using professionally accept- is amended by adding at the end the following rorism; and ed measurements of experiments, of longitudinal new paragraph: (2) the advisability of modifying the criteria research, random-assignment, and placebo-con- ‘‘(5) LEAVE.—A member who participates in a for the award of the Defense Medal of Freedom trolled outcome studies to evaluate which inter- pilot program is entitled to carry forward the ex- to provide for the award of the Defense Medal ventions can prove positive results and which isting leave balance accumulated in accordance of Freedom to civilian employees of the United result in no impact. with section 701 of title 10, United States Code, States who are killed or wounded in a terrorist (b) LOCATIONS.—The Secretary carry out the but not to exceed 60 days.’’. attack within the United States that is deter- research study at locations selected by the Sec- (c) AUTHORITY FOR DISABILITY PROCESSING.— mined to be inspired by ideological, political, or retary from among Army installations which are Subsection (j) of such section is amended— religious beliefs that give rise to terrorism. (1) by striking ‘‘for purposes of the entitle- representative of the Total Force. Units from all (b) DETERMINATION.—As part of the review components of the Army shall be involved in the ment’’ and inserting ‘‘for purposes of— undertaken to prepare the report required by ‘‘(1) the entitlement’’; research study. subsection (a), the Secretary of Defense shall (2) by striking the period at the end and in- (c) TRAINING.—In carrying out the research serting ‘‘; and’’; and conduct a review of each death or wounding of study at an installation selected pursuant to (3) by adding at the end the following new a member of the Armed Forces or civilian em- subsection (b), the Secretary shall ensure, at a paragraph: ployee of the United States Government that oc- minimum, that whenever a unit returns from ‘‘(2) retirement or separation for physical dis- curred within the United States since September combat deployment to the installation the train- ability under the provisions of chapters 55 and 11, 2001, that could meet the criteria as being the ing established for purposes of the research 61 of title 10, United States Code.’’. result of a terrorist attack within the United study is provided to all members of the Army re- SEC. 523. AUTHORITY FOR ADDITIONAL BEHAV- States in order to determine whether such death turning for such deployment. The training shall IORAL HEALTH PROFESSIONALS TO or wounding qualifies or potentially would include such training as the Secretary considers CONDUCT PRE-SEPARATION MED- qualify for the award of the Purple Heart or the appropriate to reduce trends in high risk or self- ICAL EXAMINATIONS FOR POST- Defense Medal of Freedom. TRAUMATIC STRESS DISORDER. destructive behavior. (c) CONSIDERATIONS.—In conducting the re- (d) PERIOD.—The Secretary shall carry out Section 1177(a) of title 10, United States Code, view to prepare the report required by sub- is amended— the research study through September 30, 2014. section (a), the Secretary of Defense shall take (e) REPORTS.—Not later than 30 days after the (1) in paragraph (1), by striking ‘‘or psychia- into consideration the following: trist’’ and inserting ‘‘psychiatrist, licensed clin- end of each of fiscal years 2013 and 2014, the (1) The views of veterans service organiza- ical social worker, or psychiatric nurse practi- Secretary shall submit to the Committees on tions, including the Military Order of the Pur- tioner’’; and Armed Forces of the Senate and the House of (2) in paragraph (3), by striking ‘‘or psychia- ple Heart. Representatives a report on the research study trist’’ and inserting ‘‘, psychiatrist, licensed (2) The importance that has been assigned to during the preceding fiscal year. Each report clinical social worker, or psychiatric nurse prac- determining all available facts before a decision shall include the following: titioner’’. is made to award the Purple Heart. (1) A description of the trends in high risk or SEC. 524. QUARTERLY REPORTS ON INVOLUN- (3) Potential effects of an award on the ability self-destructive behavior within each of the TARY SEPARATION OF MEMBERS OF to prosecute perpetrators of terrorist acts in units involved in the research study during the THE ARMED FORCES. military or civilian courts. fiscal year covered by such report. (a) QUARTERLY REPORTS REQUIRED.—Not (4) The views of the Chairman of the Joint (2) A description of the effectiveness of Com- later than 30 days after the end of each cal- Chiefs of Staff. prehensive Soldier and Family Fitness Program

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training in enhancing individual performance ‘‘(i) The appellate review process, including— (b) CLERICAL AMENDMENT.—The table of sec- through resiliency techniques, utilization of ‘‘(I) information on compliance with proc- tions at the beginning of chapter 1209 of such positive psychology. essing time goals; title is amended adding at the end the following (3) In the case of the report on fiscal year ‘‘(II) discussions of the circumstances sur- new item: 2014, such recommendations for the expansion rounding cases in which general court-martial ‘‘12323. Active duty for response to sexual as- or modification of the research study as the Sec- or special court-martial convictions are reversed sault.’’. retary considers appropriate. as a result of command influence or denial of SEC. 542. ADDITIONAL ELEMENTS IN COM- Subtitle D—Military Justice and Legal the right to a speedy review or otherwise remit- PREHENSIVE DEPARTMENT OF DE- Matters Generally ted due to loss of records of trial or other admin- FENSE POLICY ON SEXUAL ASSAULT PREVENTION AND RESPONSE. SEC. 531. CLARIFICATION AND ENHANCEMENT OF istrative deficiencies; and (a) ADDITIONAL ELEMENTS.—Not later than THE ROLE OF THE STAFF JUDGE AD- ‘‘(III) discussions of cases in which a provi- VOCATE TO THE COMMANDANT OF sion of this chapter is held unconstitutional. 180 days after the date of the enactment of this THE MARINE CORPS. ‘‘(ii) Developments in appellate case law relat- Act, the Secretary of Defense shall modify the (a) APPOINTMENT BY THE PRESIDENT AND PER- ing to courts-martial involving allegations of revised comprehensive policy for the Department MANENT APPOINTMENT TO GRADE OF MAJOR sexual misconduct under this chapter. of Defense sexual assault prevention and re- GENERAL.—Subsection (a) of section 5046 of title ‘‘(iii) Issues associated with implementing response program required by section 1602 of the 10, United States Code, is amended— cent, legislatively directed changes to this chap- Ike Skelton National Defense Authorization Act (1) in the first sentence, by striking ‘‘detailed’’ ter or the Manual for Courts-Martial. for Fiscal Year 2011 (Public Law 111–383; 124 and inserting ‘‘appointed by the President, by ‘‘(iv) Measures implemented by each armed Stat. 4430; 10 U.S.C. 1561 note) to include in the and with the advice and consent of the Sen- force to ensure the ability of judge advocates to policy the following: ate,’’; and competently participate as trial and defense (1) A requirement to establish within each (2) in the second sentence— counsel in, and preside as military judges over, military department, under regulations pre- (A) by striking ‘‘The’’ and inserting ‘‘If an of- capital cases, national security cases, sexual as- scribed by the Secretary of Defense, an en- ficer appointed as the’’; and sault cases, and proceedings of military commis- hanced capability for the investigation, prosecu- (B) by striking ‘‘, while so serving, has the sions. tion, and defense of special victim offenses grade’’ and inserting ‘‘holds a lower grade, the ‘‘(v) The independent views of the Judge Ad- under chapter 47 of title 10, United States Code officer shall be appointed in the grade’’. vocates General and the Staff Judge Advocate to (the Uniform Code of Military Justice). (b) DUTIES, AUTHORITY, AND ACCOUNT- the Commandant of the Marine Corps on the (2) A requirement that each military depart- ABILITY.—Such section is further amended— sufficiency of resources available within their ment initiate and retain for a period prescribed (1) by redesignating subsection (c) as sub- respective armed forces, including manpower, by the Secretary of Defense a record on the dis- section (d); and funding, training, and officer and enlisted position of allegations of sexual assault using (2) by inserting after subsection (b) the fol- grade structure, to capably perform military jus- forms and procedures prescribed by the Sec- lowing new subsection (c): tice functions.’’. retary. ‘‘(c) The Staff Judge Advocate to the Com- (3) A requirement that all commanders and Subtitle E—Sexual Assault, Hazing, and mandant of the Marine Corps, under the direc- commanding officers receive training on sexual Related Matters tion of the Commandant of the Marine Corps assault prevention, response, and policies be- and the Secretary of the Navy, shall— SEC. 541. AUTHORITY TO RETAIN OR RECALL TO fore, or shortly after, assuming command. ‘‘(1) perform duties relating to legal matters ACTIVE DUTY RESERVE COMPONENT (4) A requirement that all new members of the arising in the Marine Corps as may be assigned MEMBERS WHO ARE VICTIMS OF SEX- UAL ASSAULT WHILE ON ACTIVE Armed Forces (whether in the regular or reserve to the Staff Judge Advocate; components) receive training on the Department ‘‘(2) perform the functions and duties and ex- DUTY. (a) IN GENERAL.—Chapter 1209 of title 10, of Defense policy on sexual assault prevention ercise the powers prescribed for the Staff Judge and response program during initial entry train- Advocate to the Commandant of the Marine United States Code, is amended by adding at the end the following new section: ing. Corps in chapter 47 of this title (the Uniform (5) A requirement for military commands and Code of Military Justice) and chapter 53 of this ‘‘§ 12323. Active duty for response to sexual as- units specified by the Secretary of Defense for title; and sault purposes of the policy to conduct periodic cli- ‘‘(3) perform such other duties as may be as- ‘‘(a) CONTINUATION ON ACTIVE DUTY.—In the mate assessments of such commands and units signed to the Staff Judge Advocate.’’. case of a member of a reserve component who is for purposes of preventing and responding to (c) COMPOSITION OF HEADQUARTERS, MARINE the alleged victim of sexual assault committed sexual assaults. CORPS.—Section 5041(b) of such title is amend- while on active duty and who is expected to be (6) A requirement to post and widely dissemi- ed— released from active duty before the determina- nate information about resources available to (1) by redesignating paragraphs (4) and (5) as tion of whether the member was assaulted while report and respond to sexual assaults, including paragraphs (5) and (6), respectively; and in the line of duty, the Secretary concerned hotline phone numbers and Internet websites (2) by inserting after paragraph (3) the fol- may, upon the request of the member, order the available to all members of the Armed Forces. lowing new paragraph (4): member to be retained on active duty until the ‘‘(4) The Staff Judge Advocate to the Com- (7) A requirement to assign responsibility to line of duty determination. A member eligible for mandant of the Marine Corps.’’. receive and investigate complaints against mem- continuation on active duty under this sub- (d) SUPERVISION OF CERTAIN LEGAL SERV- bers of the Armed Forces and civilian personnel section shall be informed as soon as practicable ICES.— of the Department of Defense for the violation after the alleged assault of the option to request (1) ADMINISTRATION OF MILITARY JUSTICE.— or failure to provide the rights of a crime victim Section 806(a) of such title (article 6(a) of the continuation on active duty under this sub- established by section 3771 of title 18, United Uniform Code of Military Justice) is amended in section. States Code, as applicable to such members and ‘‘(b) RETURN TO ACTIVE DUTY.—In the case of the third sentence by striking ‘‘The Judge Advo- personnel in accordance with Department of De- a member of a reserve component not on active cate General’’ and all that follows through fense Directive 1030.1, or a successor directive, duty who is the alleged victim of a sexual as- ‘‘shall’’ and inserting ‘‘The Judge Advocates and Department of Defense Instruction 1030.2, sault that occurred while the member was on ac- General, and within the Marine Corps the Staff or a successor instruction. tive duty and when the determination whether Judge Advocate to the Commandant of the Ma- (8) A requirement that each Secretary of a the member was in the line of duty is not com- rine Corps, or senior members of their staffs, military department establish policies that re- pleted, the Secretary concerned may, upon the shall’’. quire that each member of the Armed Forces request of the member, order the member to ac- (2) DELIVERY OF LEGAL ASSISTANCE.—Section under the jurisdiction of such Secretary whose 1044(b) of such title is amended by inserting tive duty for such time as necessary to complete conviction for a covered offense is final and who ‘‘and within the Marine Corps the Staff Judge the line of duty determination. is not punitively discharged from the Armed Advocate to the Commandant of the Marine ‘‘(c) REGULATIONS.—The Secretaries of the Forces in connection with such conviction be Corps’’ after ‘‘title)’’. military departments shall prescribe regulations processed for administrative separation from the to carry out this section, subject to guidelines SEC. 532. ADDITIONAL INFORMATION IN RE- Armed Forces, which requirement shall not be PORTS ON ANNUAL SURVEYS OF THE prescribed by the Secretary of Defense. The interpreted to limit or alter the authority of COMMITTEE ON THE UNIFORM CODE guidelines of the Secretary of Defense shall pro- such Secretary to process members of the Armed OF MILITARY JUSTICE. vide that— Forces for administrative separation for other Subsection (c)(2) of section 946 of title 10, ‘‘(1) a request submitted by a member de- offenses or under other provisions of law. United States Code (article 146 of the Uniform scribed in subsection (a) or (b) to continue on (b) DEFINITIONS.—In this section: Code of Military Justice), is amended— active duty, or to be ordered to active duty, re- (1) The term ‘‘covered offense’’ means the fol- (1) by redesignating subparagraph (B) as sub- spectively, must be decided within 30 days from lowing: paragraph (C); and the date of the request; and (A) Rape or sexual assault under subsection (2) by inserting after subparagraph (A) the ‘‘(2) if the request is denied, the member may (a) or (b) of section 920 of title 10, United States following new subparagraph (B): appeal to the first general officer or flag officer Code (article 120 of the Uniform Code of Mili- ‘‘(B) Information from the Judge Advocates in the chain of command of the member, and in tary Justice). General and the Staff Judge Advocate to the the case of such an appeal a decision on the ap- (B) Forcible sodomy under section 925 of title Commandant of the Marine Corps on the fol- peal must be made within 15 days from the date 10, United States Code (article 125 of the Uni- lowing: of the appeal.’’. form Code of Military Justice).

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(C) An attempt to commit an offense specified (1) IN GENERAL.—The Secretary of Defense reported to military officials during the year in subparagraph (A) or (B) under section 880 of shall, in consultation with the Secretaries of the covered by the report, and the number of the title 10, United States Code (article 80 of the military departments and the Equal Oppor- cases so reported that were substantiated. The Uniform Code of Military Justice). tunity Office of the Department of Defense, de- information required by this subparagraph may (2) The term ‘‘special victim offenses’’ means velop a comprehensive policy to prevent and re- not be combined with the information required offenses involving allegations of any of the fol- spond to sexual harassment in the Armed by subparagraph (A). lowing: Forces. The policy shall provide for the fol- (C) A synopsis of each such substantiated case (A) Child abuse. lowing: and, for each such case, the action taken in (B) Rape, sexual assault, or forcible sodomy. (A) Training for members of the Armed Forces such case, including the type of disciplinary or (C) Domestic violence involving aggravated on the prevention of sexual harassment. administrative sanction imposed, section 815 of assault. (B) Mechanisms for reporting incidents of sex- title 10, United States Code (article 15 of the SEC. 543. HAZING IN THE ARMED FORCES. ual harassment in the Armed Forces, including Uniform Code of Military Justice). (a) REPORT.—Not later than 180 days after the procedures for reporting anonymously. (D) The policies, procedures, and processes date of the enactment of this Act, each Sec- (C) Mechanisms for responding to and resolv- implemented by the Secretary during the year retary of a military department shall, in con- ing incidents of alleged sexual harassment covered by the report in response to incidents of sultation with the Chief of Staff of each Armed incidences involving members of the Armed sexual harassment involving members of that Force under the jurisdiction of such Secretary, Forces, including through the prosecution of of- Armed Force. submit to the Committees on Armed Services of fenders. (E) Any other matters relating to sexual har- the Senate and the House of Representatives a (2) REPORT.—Not later than one year after the assment involving members of the Armed Forces report on hazing in such Armed Force. Not later date of the enactment of this Act, the Secretary that the Secretary considers appropriate. than 180 days after the date of the enactment of of Defense shall submit to the Committees on this Act, the Secretary of Homeland Security SEC. 546. ENHANCEMENT OF ANNUAL REPORTS Armed Services of the Senate and the House of REGARDING SEXUAL ASSAULTS IN- shall submit to the committees of Congress re- Representatives a report setting forth the policy VOLVING MEMBERS OF THE ARMED ferred to in the preceding sentence a report on required by paragraph (1). FORCES. hazing in the Coast Guard when it is not oper- (b) COLLECTION AND RETENTION OF RECORDS (a) IN GENERAL.—Section 1631(b) of the Ike ating as a service in the Navy, and, for purposes ON DISPOSITION OF REPORTS OF SEXUAL HARASS- Skelton National Defense Authorization Act for of such report, the Armed Forces shall include MENT.— Fiscal Year 2011 (10 U.S.C. 1561 note) is amend- the Coast Guard when it is not operating as a (1) COLLECTION.—The Secretary of Defense ed— service in the Navy. shall require that the Secretary of each military (1) by striking paragraph (3) and inserting the (b) ELEMENTS.—Each report on an Armed department establish a record on the disposition following new paragraph (3): Force required by subsection (a) shall include of any report of sexual harassment, whether ‘‘(3) A synopsis of each such substantiated the following: case, organized by offense, and, for each such (1) A discussion of the policies of the Armed such disposition is court martial, non-judicial case, the action taken in such case, including Force for preventing and responding to inci- punishment, or other administrative action. The the following information: dents of hazing. record of any such disposition shall include the ‘‘(A) The type of disciplinary or administra- (2) A description of the methods implemented following, as appropriate: to track and report, including report anony- (A) Documentary information collected about tive sanction imposed, if any, including courts- mously, incidents of hazing in the Armed Force. the incident reported. martial sentences, non-judicial punishments ad- (3) An assessment by the Secretary submitting (B) Punishment imposed, including the sen- ministered by commanding officers pursuant to such report of the following: tencing by judicial or non-judicial means in- section 815 of title 10, United States Code (arti- (A) The scope of the problem of hazing in the cluding incarceration, fines, restriction, and cle 15 of the Uniform Code of Military Justice), Armed Force. extra duty as a result of military court-martial, and administrative separations. (B) The training on recognizing and pre- Federal and local court and other sentencing, or ‘‘(B) A description of and rationale for the venting hazing provided members of the Armed any other punishment imposed. final disposition and punishment, regardless of Force. (C) Reasons for the selection of the disposition type of disciplinary or administrative sanction (C) The actions taken to prevent and respond and punishments selected. imposed. to hazing incidents in the Armed Force. (D) Administrative actions taken, if any. ‘‘(C) The unit and location of service at which (4) A description of the additional actions, if (E) Any pertinent referrals offered as a result the incident occurred. any, the Secretary submitting such report and of the incident (such as drug and alcohol coun- ‘‘(D) Whether the accused was previously ac- the Chief of Staff of the Armed Force propose to seling and other types of counseling or interven- cused of a substantiated sexual assault or sex- take to further address the incidence of hazing tion). ual harassment. in the Armed Force. (2) RETENTION.—The Secretary of Defense ‘‘(E) Whether the accused was admitted to the SEC. 544. RETENTION OF CERTAIN FORMS IN shall require that— Armed Forces under a moral waiver granted CONNECTION WITH RESTRICTED RE- (A) the records established pursuant to para- with respect to prior sexual misconduct. PORTS ON SEXUAL ASSAULT INVOLV- graph (1) be retained by the Department of De- ‘‘(F) Whether alcohol was involved in the in- ING MEMBERS OF THE ARMED fense for a period of not less than 50 years; and cident. FORCES. (B) a copy of such records be maintained at a ‘‘(G) If the member was administratively sepa- (a) PERIOD OF RETENTION.—The Secretary of rated or, in the case of an officer, allowed to re- Defense shall ensure that all copies of Depart- centralized location for the same period as ap- sign in lieu of facing a court-martial, the char- ment of Defense Form 2910 and Department of plies to retention of the records under subpara- acterization given the service of the member Defense Form 2911 filed in connection with a graph (A). NNUAL REPORT ON SEXUAL HARASSMENT upon separation.’’; and Restricted Report on an incident of sexual as- (c) A (2) by adding at the end the following new sault involving a member of the Armed Forces INVOLVING MEMBERS OF THE ARMED FORCES.— (1) ANNUAL REPORT ON SEXUAL HARASSMENT.— paragraphs shall be retained for the longer of— (1) 50 years commencing on the date of signa- Not later than March 1, 2015, and each March ‘‘(7) The number of applications submitted ture of the member on Department of Defense 1 thereafter through March 1, 2018, the Sec- under section 673 of title 10, United States Code, Form 2910; or retary of each military department shall submit during the year covered by the report for a per- (2) the time provided for the retention of such to the Secretary of Defense a report on the sex- manent change of station or unit transfer for forms in connection with Unrestricted Reports ual harassments involving members of the members of the Armed Forces on active duty on incidents of sexual assault involving members Armed Forces under the jurisdiction of such Sec- who are the victim of a sexual assault or related of the Armed Forces under Department of De- retary during the preceding year. Each Sec- offense, the number of applications denied, and, fense Directive-Type Memorandum (DTM) 11– retary of a military department shall submit the for each application denied, a description of the 062, entitled ‘‘Document Retention in Cases of report on a year under this section at the same reasons why such application was denied. Restricted and Unrestricted Reports of Sexual time as the submittal of the annual report on ‘‘(8) An analysis and assessment of trends in Assault’’, or any successor directive or policy. sexual assaults during that year under section the incidence, disposition, and prosecution of (b) PROTECTION OF CONFIDENTIALITY.—Any 1631 of the Ike Skelton National Defense Au- sexual assaults by commands and installations Department of Defense form retained under sub- thorization Act for Fiscal Year 2011 (10 U.S.C. during the year covered by the report, including section (a) shall be retained in a manner that 1561 note). In the case of the Secretary of the trends relating to prevalence of incidents, pros- protects the confidentiality of the member of the Navy, separate reports shall be prepared under ecution of incidents, and avoidance of incidents. Armed Forces concerned in accordance with this section for the Navy and the Marine Corps. ‘‘(9) An assessment of the adequacy of sexual procedures for the protection of confidentiality (2) CONTENTS.—The report of a Secretary of a assault prevention and response activities car- of information in Restricted Reports under De- military department for an Armed Force under ried out by training commands during the year partment of Defense memorandum JTF–SAPR– paragraph (1) shall contain the following: covered by the report. 009, relating to the Department of Defense pol- (A) The number of sexual harassments com- ‘‘(10) An analysis of the specific factors that icy on confidentiality for victims of sexual as- mitted against members of the Armed Force that may have contributed to sexual assault during sault, or any successor policy or directive. were reported to military officials during the the year covered by the report, including sexual SEC. 545. PREVENTION AND RESPONSE TO SEX- year covered by the report, and the number of harassment and substance abuse, an assessment UAL HARASSMENT IN THE ARMED the cases so reported that were substantiated. of the role of such factors in contributing to sex- FORCES. (B) The number of sexual harassments com- ual assaults during that year, and recommenda- (a) COMPREHENSIVE POLICY REQUIRED.— mitted by members of the Armed Force that were tions for mechanisms to eliminate or reduce the

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INCLUSION OF THE SCHOOL OF AD- ‘‘(1) LICENSING, MARKETING, AND SPONSORSHIP VANCED MILITARY STUDIES SENIOR (1)’’. LEVEL COURSE AS A SENIOR LEVEL AGREEMENTS.—An agreement under subsection (c) OFFICERS DETAILED AS STUDENTS AT MED- SERVICE SCHOOL. (a)(1) may, consistent with sections 2260 (other ICAL SCHOOLS.—Subsection (e) of section 2004a Section 2151(b)(1) of title 10, United States than subsection (d)) and 5022(b)(3) of this title, of such title is amended— Code, is amended by adding at the end the fol- authorize the Association to enter into licensing, (1) in the subsection heading, by striking ‘‘AP- lowing new subparagraph: marketing, and sponsorship agreements relating POINTMENT AND TREATMENT OF PRIOR ACTIVE ‘‘(E) The Senior Level Course of the School of to trademarks and service marks identifying the SERVICE’’ and inserting ‘‘SERVICE ON ACTIVE Advanced Military Studies of the United States Naval Academy, subject to the approval of the DUTY’’; and Army Command and General Staff College.’’. Department of the Navy. (2) by striking paragraph (1) and inserting the ‘‘(2) LIMITATIONS.—No such licensing, mar- SEC. 552. MODIFICATION OF ELIGIBILITY FOR AS- following new paragraph (1): SOCIATE DEGREE PROGRAMS UNDER keting, or sponsorship agreement may be entered ‘‘(1) A commissioned officer detailed under THE COMMUNITY COLLEGE OF THE into if it would reflect unfavorably on the abil- subsection (a) shall serve on active duty, subject AIR FORCE. ity of the Department of the Navy, any of its to the limitations on grade specified in section Section 9315(b) of title 10, United States Code, employees, or any member of the armed forces to 2114(b)(1) of this title and with the entitlement is amended by adding at the end the following carry out any responsibility or duty in a fair to basic pay as specified in section 2114(b)(2) of new paragraph: and objective manner, or if the Secretary deter- this title.’’. ‘‘(3) Enlisted members of the armed forces mines that the use of the trademark or service SEC. 555. AUTHORITY FOR SERVICE COMMITMENT other than the Air Force who are participating mark would compromise the integrity or appear- FOR RESERVISTS WHO ACCEPT FEL- in joint-service medical training and education ance of integrity of any program of the Depart- LOWSHIPS, SCHOLARSHIPS, OR or serving as instructors in joint-service medical ment of the Navy, or any individual involved in GRANTS TO BE PERFORMED IN THE training and education.’’. such a program. SELECTED RESERVE. SEC. 553. SUPPORT OF NAVAL ACADEMY ATH- ‘‘(f) SERVICE ON ASSOCIATION BOARD OF CON- (a) IN GENERAL.—Subsection (b) of section LETIC PROGRAMS. TROL.—The Association is a designated entity 2603 of title 10, United States Code, is amended (a) IN GENERAL.—Chapter 603 of title 10, for which authorization under sections 1033(a) by striking ‘‘on active duty’’ and all that fol- United States Code, is amended by adding at the and 1589(a) of this title may be provided. lows and inserting the following: ‘‘as follows: end the following new section: ‘‘(g) CONDITIONS.—The authority provided in ‘‘(1) On active duty for a period at least three this section with respect to the Association is times the length of the period of the education ‘‘§ 6981. Support of athletic and physical fit- available only so long as the Association con- or training. ness programs tinues to— ‘‘(2) In the case of a member of the Selected ‘‘(a) AUTHORITY.— ‘‘(1) qualify as a nonprofit organization under Reserve— ‘‘(1) CONTRACTS AND COOPERATIVE AGREE- section 501(c)(3) of the Internal Revenue Code of ‘‘(A) on active duty in accordance with para- MENTS.—The Secretary of the Navy may enter 1986 and operates in accordance with this sec- graph (1); or into contracts and cooperative agreements with tion, the laws of the State of Maryland, and the ‘‘(B) in the Selected Reserve for a period at the Association for the purpose of supporting constitution and bylaws of the Association; and least five times the length of the period of the the athletic and physical fitness programs of the ‘‘(2) operate exclusively to support the athletic education or training.’’. Naval Academy. Notwithstanding section and physical fitness programs of the Naval (b) TECHNICAL AMENDMENTS.—Such section is 2304(k) of this title, the Secretary may enter Academy. further amended by striking ‘‘Armed Forces’’ such contracts or cooperative agreements on a ‘‘(h) ASSOCIATION DEFINED.—In this section, each place it appears and inserting ‘‘armed sole source basis pursuant to section 2304(c)(5) the term ‘Association’ means the Naval Acad- forces’’. of this title. Notwithstanding chapter 63 of title emy Athletic Association.’’. (c) EFFECTIVE DATE.—The amendment made 31, a cooperative agreement under this section (b) CLERICAL AMENDMENT.—The table of sec- by subsection (a) shall apply to agreements en- may be used to acquire property or services for tions at the beginning of chapter 603 of such tered into under section 2603(b) of title 10, the direct benefit or use of the Naval Academy. title is amended by adding at the end the fol- United States Code, after the date of the enact- ‘‘(2) LEASES.—The Secretary may enter into lowing new item: ment of this Act. leases, in accordance with section 2667 of this ‘‘6981. Support of athletic and physical fitness SEC. 556. REPEAL OF REQUIREMENT FOR ELIGI- title, or licenses with the Association for the programs.’’. BILITY FOR IN-STATE TUITION OF AT purpose of supporting the athletic and physical SEC. 554. GRADE OF COMMISSIONED OFFICERS IN LEAST 50 PERCENT OF PARTICI- fitness programs of the Naval Academy. Any UNIFORMED MEDICAL ACCESSION PANTS IN SENIOR RESERVE OFFI- such lease or license shall be deemed to satisfy PROGRAMS. CERS’ TRAINING CORPS PROGRAM. the conditions of section 2667(h)(2) of this title. (a) MEDICAL STUDENTS OF USUHS.—Section Section 2107(c)(1) of title 10, United States ‘‘(b) USE OF NAVY PERSONAL PROPERTY BY 2114(b) of title 10, United States Code, is amend- Code, is amended by striking the third sentence. THE ASSOCIATION.—The Secretary may allow the ed— SEC. 557. MODIFICATION OF REQUIREMENTS ON Association to use, at no cost, personal property (1) in paragraph (1), by striking the second PLAN TO INCREASE THE NUMBER OF of the Department of the Navy to assist the As- sentence and inserting the following new sen- UNITS OF THE JUNIOR RESERVE OF- sociation in supporting the athletic and phys- tences: ‘‘Each medical student shall be ap- FICERS’ TRAINING CORPS. ical fitness programs of the Naval Academy. pointed as a regular officer in the grade of sec- (a) NUMBER OF UNITS COVERED BY PLAN.— ‘‘(c) ACCEPTANCE OF SUPPORT.— ond lieutenant or ensign. An officer so ap- Subsection (a) of section 548 of the Duncan ‘‘(1) SUPPORT RECEIVED FROM THE ASSOCIA- pointed may, upon meeting such criteria for pro- Hunter National Defense Authorization Act for TION.—Notwithstanding section 1342 of title 31, motion as may be prescribed by the Secretary Fiscal Year 2009 (Public Law 110–417; 122 Stat. the Secretary may accept from the Association concerned, be appointed in the regular grade of 4466) is amended by striking ‘‘not less than 3,700 funds, supplies, and services for the support of first lieutenant or lieutenant (junior grade). units’’ and inserting ‘‘not less than 3,000, and the athletic and physical fitness programs of the Medical students commissioned under this sec- not more than 3,700, units’’. Naval Academy. For purposes of this section, tion shall serve on active duty in their respec- (b) ADDITIONAL EXCEPTION.—Subsection (b) of employees or personnel of the Association may tive grades.’’; and such section is amended— not be considered to be employees of the United (2) in paragraph (2), by striking ‘‘grade of sec- (1) in paragraph (1), by striking ‘‘or’’ at the States. ond lieutenant or ensign’’ and inserting ‘‘grade end; ‘‘(2) FUNDS RECEIVED FROM NCAA.—The Sec- in which the member is serving under paragraph (2) in paragraph (2), by striking the period at retary may accept funds from the National Col- (1)’’. the end and inserting ‘‘; or’’; and legiate Athletic Association to support the ath- (b) PARTICIPANTS IN HEALTH PROFESSIONS (3) by adding at the end the following new letic and physical fitness programs of the Naval SCHOLARSHIP AND FINANCIAL ASSISTANCE PRO- paragraph: Academy. GRAM.—Section 2121(c) of such title is amend- ‘‘(3) if the Secretaries of the military depart- ‘‘(3) LIMITATION.—The Secretary shall ensure ed— ments determine that the level of support of all that contributions under this subsection do not (1) in paragraph (1), by striking the second kinds (including, but not limited to, appro- reflect unfavorably on the ability of the Depart- sentence and inserting the following new sen- priated funds) provided to youth development ment of the Navy, any of its employees, or any tences: ‘‘Each person so commissioned shall be programs within the Armed Forces is consistent member of the armed forces to carry out any re- appointed as a reserve officer in the grade of with funding limitations and the achievement of sponsibility or duty in a fair and objective man- second lieutenant or ensign. An officer so ap- the objectives of such programs.’’.

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(c) SUBMITTAL OF REPORTS.—Subsection (e) of programs, and the number projected to be com- in that paragraph. The report of the Comp- such section is amended by striking ‘‘not later missioned over the period of the current future- troller General under this paragraph shall set than’’ and all that follows and inserting ‘‘annu- years defense program under section 221 of title forth the following: ally through 2012, and thereafter not later than 10, United States Code, from each unit listed (A) The results of the review under paragraph March 31 of each of 2015, 2018, and 2020.’’. under paragraph (1). (1). SEC. 558. CONSOLIDATION OF MILITARY DEPART- (3) An assessment of the requirements of each (B) Such recommendations as the Comptroller MENT AUTHORITY TO ISSUE ARMS, Armed Force for newly commissioned officers in General considers appropriate in light of the re- TENTAGE, AND EQUIPMENT TO EDU- 2012 and the strategic planning regarding such sults of the review. CATIONAL INSTITUTIONS NOT MAIN- requirements over the period of the current fu- (b) REPORT ON JOINT PROFESSIONAL MILITARY TAINING UNITS OF THE JUNIOR ture-years defense program. EDUCATION RESEARCH INSTITUTIONS.— ROTC. (4) The number of military and civilian per- (1) REPORT REQUIRED.—Not later than Janu- (a) CONSOLIDATION OF AUTHORITY.—Chapter sonnel of the Department of Defense assigned to ary 31, 2014, the Comptroller General of the 152 of title 10, United States Code, is amended lead and manage Reserve Officers’ Training United States shall submit to the congressional by inserting after section 2552 the following new Corps program units, and the grades of the mili- defense committees a report setting forth the as- section: tary personnel so assigned. sessment by the Comptroller General of the work ‘‘§ 2552a. Arms, tentage, and equipment: edu- (5) An assessment of Department of Defense- performed by joint professional military educational institutions not maintaining units wide and Armed-Force specific standards re- cation research institutions in support of profes- of Junior Reserve Officers’ Training Corps garding the productivity of Reserve Officers’ sional military education and the broader mis- ‘‘The Secretary of a military department may Training Corps program units, and an assess- sion of the Department of Defense, the military issue arms, tentage, and equipment to an edu- ment of compliance with such standards. departments, and the Defense Agencies. (2) ELEMENTS.—The report required by para- cational institution at which no unit of the Jun- (6) An assessment of the projected use by the graph (1) shall include an assessment of the fol- ior Reserve Officers’ Training Corps is main- Armed Forces of the procedures available to the lowing: tained if the educational institution— Armed Forces to respond to overages in the (A) The systems, mechanisms, and structures ‘‘(1) offers a course in military instruction number of cadets and midshipmen in the Re- within the senior and intermediate joint profes- prescribed by that Secretary; and serve Officers’ Training Corps programs. sional military education colleges and univer- ‘‘(2) has a student body of at least 50 students (7) A description of the plans of the Armed sities for oversight, governance, and manage- who are in a grade above the eighth grade.’’. Forces to retain or disestablish Reserve Officers’ ment of the joint professional military education (b) CONFORMING REPEALS.—Sections 4651, Training Corps program units that do not meet research institutions, including systems, mecha- 7911, and 9651 of such title are repealed. productivity standards. nisms, and structures relating to the develop- (c) CLERICAL AMENDMENTS.— SEC. 561. REPORT ON DEPARTMENT OF DEFENSE ment of policies and budgets for research. (1) The table of sections at the beginning of EFFORTS TO STANDARDIZE EDU- (B) The factors contributing to and the extent chapter 152 of such title is amended by inserting CATIONAL TRANSCRIPTS ISSUED TO of growth in the number and size of joint profes- after the item relating to section 2552 the fol- SEPARATING MEMBERS OF THE sional military education research institutions lowing new item: ARMED FORCES. since 2000. ‘‘2552a. Arms, tentage, and equipment: edu- (a) REPORT REQUIRED.—Not later than 90 days after the date of the enactment of this Act, (C) The causes and extent of cost growth at cational institutions not main- joint professional military education research taining units of Junior Reserve the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and institutions since 2000. Officers’ Training Corps’’. (D) The focus of research activity conducted (2) The table of sections at the beginning of the House of Representatives a report on the efforts of the Department of Defense to stand- by the joint professional military education re- chapter 441 of such title is amended by striking search institutions, and the extent to which the item relating to section 4651. ardize the educational transcripts issued to members of the Armed Forces on their separa- each joint professional military education re- (3) The table of sections at the beginning of search institution performs a unique research chapter 667 of such title is amended by striking tion from the Armed Forces. (b) ELEMENTS.—The report required by sub- function or engages in similar or duplicative ef- the item relating to section 7911. forts with other components or elements of the (4) The table of sections at the beginning of section (a) shall include the following: (1) A description of the similarities and dif- Department of Defense. chapter 941 of such title is amended by striking (E) The measures of effectiveness used by the the item relating to section 9651. ferences between the educational transcripts issued to members separating from the various joint professional military education research SEC. 559. MODIFICATION OF REQUIREMENT FOR Armed Forces. institutions, the senior and intermediate joint REPORTS IN FEDERAL REGISTER ON professional military education colleges and INSTITUTIONS OF HIGHER EDU- (2) A description of any assessments done by the Department, or in conjunction with edu- universities, and other oversight entities to CATION INELIGIBLE FOR CON- evaluate the performance of the joint profes- TRACTS AND GRANTS FOR DENIAL cational institutions, to identify shortcomings in OF ROTC OR MILITARY RECRUITER the transcripts issued to separating members in sional military education research institutions ACCESS TO CAMPUS. connection with their ability to qualify for civil- in meeting established goals or objectives. (3) DEFINITIONS.—In this subsection: Section 983 of title 10, United States Code, is ian educational credits. (A) The term ‘‘joint professional military edu- amended by striking subsection (f). (3) A description of the implementation plan cation research institutions’’ means subordinate for the Joint Services Transcript, including a SEC. 560. COMPTROLLER GENERAL OF THE organizations (including centers, institutes, and UNITED STATES REPORT ON THE RE- schedule and the elements of existing edu- schools) under the senior and intermediate joint SERVE OFFICERS’ TRAINING CORPS. cational transcripts to be incorporated into the professional military education colleges and (a) REPORT REQUIRED.—Not later than 270 Transcript. universities for which research is the primary days after the date of the enactment of this Act, SEC. 562. COMPTROLLER GENERAL OF THE the Comptroller General of the United States mission or reason for existence. UNITED STATES REPORTS ON JOINT (B) The term ‘‘senior and intermediate joint shall submit to the congressional defense com- PROFESSIONAL MILITARY EDU- professional military education colleges and mittees a report setting forth the assessment of CATION MATTERS. universities’’ means the following: the Comptroller General regarding the fol- (a) REPORT ON REVIEW OF MILITARY EDU- (i) The National Defense University. lowing: CATION COORDINATION COUNCIL REPORT.— (ii) The Army War College. (1) Whether the Reserve Officers’ Training (1) REVIEW OF METHODOLOGY.—The Comp- (iii) The Navy War College. Corps (ROTC) programs of the Departments of troller General of the United States shall review (iv) The Air University. the Army, the Navy, and the Air Force are ef- the methodology used by the Military Education (v) The Air War College. fectively meeting, and structured to meet, cur- Coordination Council in compiling the report on (vi) The Marine Corp University. rent and projected requirements for newly com- joint professional military education that is to SEC. 563. TROOPS-TO-TEACHERS PROGRAM EN- missioned officers in the Armed Forces. be submitted to the Director of Joint Force De- HANCEMENTS. (2) The cost-effectiveness and unit produc- velopment by March 1, 2013, pursuant to the (a) MEMORANDUM OF AGREEMENT.—The Sec- tivity of the current Reserve Officers’ Training Joint Staff Memorandum, Joint Staff Review, retary of Defense and the Secretary of Edu- Corps programs. dated July 16, 2012. The review shall include an cation shall enter into a memorandum of agree- (3) The adequacy of current oversight and cri- examination of the analytical approach used by ment pursuant to which the Secretary of Edu- teria for unit closure for the Reserve Officers’ the Council for that report, including the types cation will undertake the following: Training Corps programs. of information considered, the cost savings iden- (1) Disseminate information about the Troops- (b) ELEMENTS.—The report required by sub- tified, the benefits of options considered, the to-Teachers Program to eligible schools (as de- section (a) shall include, at a minimum, the fol- time frames for implementation, and trans- fined in section 2301(3) of the Elementary and lowing: parency. Secondary Education Act of 1965 (20 U.S.C. (1) A list of the units of the Reserve Officers’ (2) REPORT.—Not later than 90 days after re- 6671(3)), as added by subsection (b)(2)). Training Corps programs by Armed Force, and ceiving from the Director of Joint Force Devel- (2) Advise the Department of Defense on how by college or university, and the number of ca- opment the report described in paragraph (1), to prepare eligible members of the Armed Forces dets and midshipman currently enrolled by class the Comptroller General shall submit to the described in section 2303(a) of such Act to be- or year group. Committees on Armed Services of the Senate and come participants in the Program to meet the re- (2) The number of officers commissioned in the House of Representatives a report on the requirements necessary to become a teacher in an 2012 from the Reserve Officers’ Training Corps view under paragraph (1) of the report described eligible school.

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00066 Fmt 4624 Sfmt 6333 E:\CR\FM\A12DE6.041 S12DEPT1 tjames on DSK6SPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — SENATE S7819 (3) Advise the Department of Defense on how gram under section 2303 and to receive financial SEC. 573. AMENDMENTS TO THE IMPACT AID PRO- to identify teacher preparation programs for assistance under this section shall be required to GRAM. participants in the Program. enter into an agreement with the Secretary in (a) SHORT TITLE.—This section may be cited (4) Inform the Department of Defense of aca- which the member agrees— as the ‘‘Impact Aid Improvement Act of 2012’’. demic subject areas with critical teacher short- ‘‘(A) within such time as the Secretary may (b) AMENDMENTS TO THE IMPACT AID PRO- ages. require, to obtain certification or licensing as an GRAM.—Title VIII of the Elementary and Sec- (5) Identify geographic areas with critical elementary school teacher, secondary school ondary Education Act of 1965 (20 U.S.C. 7701 et teacher shortages, especially in high-need teacher, or vocational or technical teacher to seq.) is amended— schools (as defined in section 2301(4) of such meet the requirements necessary to become a (1) in section 8002 (20 U.S.C. 7702)— (A) in subsection (b)— Act, as added by subsection (b)(2)). teacher in an eligible school; and (i) in paragraph (2), by striking ‘‘aggregate (b) DEFINITIONS.—Section 2301 of the Elemen- ‘‘(B) to accept an offer of full-time employ- assessed’’ and inserting ‘‘estimated taxable’’; tary and Secondary Education Act of 1965 (20 ment as an elementary school teacher, sec- U.S.C. 6671) is amended— and ondary school teacher, or vocational or tech- (ii) by striking paragraph (3) and inserting (1) by redesignating paragraphs (2) through nical teacher for not less than 3 school years in (5) as paragraphs (5) through (8), respectively; the following: an eligible school, to begin the school year after ‘‘(3) DETERMINATION OF TAXABLE VALUE FOR and obtaining that certification or licensing.’’; and (2) by inserting after paragraph (1) the fol- ELIGIBLE FEDERAL PROPERTY.— (B) by striking subsection (f) and inserting the lowing: ‘‘(A) IN GENERAL.—In determining the esti- following: ‘‘(2) CHARTER SCHOOL.—The term ‘charter mated taxable value of such acquired Federal school’ has the meaning given that term in sec- ‘‘(f) REIMBURSEMENT UNDER CERTAIN CIR- property for fiscal year 2010 and each suc- tion 5210. CUMSTANCES.—A participant who is paid a sti- ceeding fiscal year, the Secretary shall— ‘‘(3) ELIGIBLE SCHOOL.—The term ‘eligible pend or bonus shall be subject to the repayment ‘‘(i) first determine the total taxable value for school’ means— provisions of section 373 of title 37, United the purpose of levying property tax for school ‘‘(A) a public school, including a charter States Code under the following circumstances: purposes for current expenditures of real prop- school, at which— ‘‘(1) FAILURE TO OBTAIN QUALIFICATIONS OR erty located within the boundaries of such local ‘‘(i) at least 30 percent of the students enrolled EMPLOYMENT.—The participant fails to obtain educational agency; in the school are from families with incomes teacher certification or licensing or to meet the ‘‘(ii) then determine the total taxable value of below 185 percent of poverty level (as defined by requirements necessary to become a teacher in the eligible Federal property by dividing the the Office of Management and Budget and re- an eligible school or to obtain employment as an total taxable value as determined in clause (i) vised at least annually in accordance with sec- elementary school teacher, secondary school by the difference between the total acres located tion 9(b)(1) of the Richard B. Russell National teacher, or vocational or technical teacher as re- within the boundaries of the local educational School Lunch Act (42 U.S.C. 1758(b)(1)) applica- quired by the participation agreement. agency and the number of Federal acres eligible ble to a family of the size involved; or ‘‘(2) TERMINATION OF EMPLOYMENT.—The par- under this section; and ‘‘(ii) at least 13 percent of the students en- ticipant voluntarily leaves, or is terminated for ‘‘(iii) multiply the per acre value as calculated rolled in the school qualify for assistance under cause from, employment as an elementary school under clause (ii) by the number of Federal acres part B of the Individuals with Disabilities Edu- teacher, secondary school teacher, or vocational eligible under this section. cation Act; or or technical teacher during the 3 years of re- ‘‘(B) SPECIAL RULE.—In the case of Federal ‘‘(B) a Bureau-funded school as defined in quired service in violation of the participation property eligible under this section that is with- section 1141 of the Education Amendments of agreement. in the boundaries of 2 or more local educational 1978 (25 U.S.C. 2021). ‘‘(3) FAILURE TO COMPLETE SERVICE UNDER RE- agencies, such a local educational agency may ‘‘(4) HIGH-NEED SCHOOL.—Except for purposes SERVE COMMITMENT AGREEMENT.—The partici- ask the Secretary to calculate the per acre value of section 2304(d), the term ‘high-need school’ pant executed a written agreement with the Sec- of each such local educational agency as pro- means— retary concerned under section 2303(e)(2) to vided under subparagraph (A) and apply the ‘‘(A) an elementary school or middle school in serve as a member of a reserve component of the average of these per acre values to the acres of which at least 50 percent of the enrolled stu- Armed Forces for a period of 3 years and fails the Federal property in such agency.’’; dents are children from low-income families, to complete the required term of service.’’. (B) in subsection (h)— based on the number of children eligible for free (f) EFFECTIVE DATE.—The amendments made (i) in paragraph (1)— and reduced priced lunches under the Richard by subsections (b) through (e) shall take effect (I) in the paragraph heading, by striking B. Russell National School Lunch Act (42 U.S.C. on the first day of the first month beginning ‘‘FOR PRE-1995 RECIPIENTS’’; 1751 et seq.), the number of children in families more than 90 days after the date of the enact- (II) in subparagraph (A), by striking ‘‘is eligi- receiving assistance under the State program ment of this Act. ble’’ and all that follows through the period at funded under part A of title IV of the Social Se- the end and inserting ‘‘was eligible to receive a Subtitle G—Defense Dependents’ Education curity Act (42 U.S.C. 601 et seq.), the number of payment under this section for fiscal year and Military Family Readiness Matters children eligible to receive medical assistance 2010.’’; and under the Medicaid program, or a composite of SEC. 571. IMPACT AID FOR CHILDREN WITH SE- (III) in subparagraph (B), by striking ‘‘38 per- these indicators; VERE DISABILITIES. cent’’ and all that follows through the period at ‘‘(B) a high school in which at least 40 per- Of the amount authorized to be appropriated the end and inserting ‘‘90 percent of the average cent of enrolled students are children from low- for fiscal year 2013 pursuant to section 301 and payment the local educational agency received income families, which may be calculated using available for operation and maintenance for De- in 2006, 2007, 2008, and 2009.’’; and comparable data from feeder schools; or fense-wide activities as specified in the funding (ii) by striking paragraphs (2) through (4) and ‘‘(C) a school that is in a local educational table in section 4301, $5,000,000 shall be avail- inserting the following: agency that is eligible under section 6211(b).’’. able for payments under section 363 of the Floyd ‘‘(2) FOUNDATION PAYMENTS FOR LOCAL EDU- (c) PROGRAM AUTHORIZATION.—Section 2302 of D. Spence National Defense Authorization Act CATIONAL AGENCIES DETERMINED ELIGIBLE AFTER the Elementary and Secondary Education Act of for Fiscal Year 2001 (as enacted into law by FISCAL YEAR 2010.— 1965 (20 U.S.C. 6672(b)) is amended by striking Public Law 106–398; 114 Stat. 1654A–77; 20 ‘‘(A) FIRST YEAR.—From any amounts remain- subsections (b) through (e) and inserting the fol- U.S.C. 7703a). ing after making payments under paragraph (1) lowing: SEC. 572. CONTINUATION OF AUTHORITY TO AS- and subsection (i)(1) for the fiscal year involved, ‘‘(b) PROGRAM AUTHORIZED.—The Secretary SIST LOCAL EDUCATIONAL AGEN- the Secretary shall make a payment, in an may carry out a program (to be known as the CIES THAT BENEFIT DEPENDENTS amount determined in accordance with subpara- ‘Troops-to-Teachers Program’) to assist eligible OF MEMBERS OF THE ARMED graph (C), to each local educational agency that members of the Armed Forces described in sec- FORCES AND DEPARTMENT OF DE- the Secretary determines eligible for a payment tion 2303(a) to obtain certification or licensing FENSE CIVILIAN EMPLOYEES. under this section for a fiscal year after fiscal as elementary school teachers, secondary school (a) ASSISTANCE TO SCHOOLS WITH SIGNIFICANT year 2010, for the fiscal year for which such teachers, or vocational or technical teachers to NUMBERS OF MILITARY DEPENDENT STUDENTS.— agency was determined eligible for such pay- meet the requirements necessary to become a Of the amount authorized to be appropriated for ment. teacher in an eligible school.’’. fiscal year 2013 by section 301 and available for ‘‘(B) SECOND AND SUCCEEDING YEARS.—For (d) YEARS OF SERVICE REQUIREMENTS.—Sec- operation and maintenance for Defense-wide ac- any succeeding fiscal year after the first fiscal tion 2303(a)(2)(A)(i) of the Elementary and Sec- tivities as specified in the funding table in sec- year that a local educational agency receives a ondary Education Act of 1965 (20 U.S.C. tion 4301, $25,000,000 shall be available only for foundation payment under subparagraph (A), 6673(a)(2)(A)(i)) is amended by striking ‘‘6 or the purpose of providing assistance to local edu- the amount of the local educational agency’s more years’’ and inserting ‘‘4 or more years’’. cational agencies under subsection (a) of section foundation payment under this paragraph for (e) PARTICIPATION AGREEMENT.— 572 of the National Defense Authorization Act such succeeding fiscal year shall be equal to the (1) AMENDMENT.—Section 2304 of the Elemen- for Fiscal Year 2006 (Public Law 109–163; 20 local educational agency’s foundation payment tary and Secondary Education Act of 1965 (20 U.S.C. 7703b). under this paragraph for the first fiscal year. U.S.C. 6674) is amended— (b) LOCAL EDUCATIONAL AGENCY DEFINED.— ‘‘(C) AMOUNTS.—The amount of a payment (A) by striking paragraph (1) of subsection (a) In this section, the term ‘‘local educational under subparagraph (A) for a local educational and inserting the following: agency’’ has the meaning given that term in sec- agency shall be determined as follows: ‘‘(1) IN GENERAL.—An eligible member of the tion 8013(9) of the Elementary and Secondary ‘‘(i) Calculate the local educational agency’s Armed Forces selected to participate in the Pro- Education Act of 1965 (20 U.S.C. 7713(9)). maximum payment under subsection (b).

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00067 Fmt 4624 Sfmt 6333 E:\CR\FM\A12DE6.041 S12DEPT1 tjames on DSK6SPTVN1PROD with S7820 CONGRESSIONAL RECORD — SENATE December 12, 2012 ‘‘(ii) Calculate the percentage that the which such amount has been appropriated, such ‘‘(B) who— amount appropriated under section 8014(a) for local educational agency submits to the Sec- ‘‘(i) was married to a member of the Armed the most recent fiscal year for which the Sec- retary all the data and information necessary Forces on the date on which the member dies retary has completed making payments under for the Secretary to pay the full amount that while on active duty in the Armed Forces; and this section is of the total maximum payments the agency is eligible to receive under this title ‘‘(ii) has not remarried. for such fiscal year for all local educational for such fiscal year. ‘‘(b) AUTHORITY.—The head of an agency may agencies eligible for a payment under subsection ‘‘(2) PAYMENTS WITH RESPECT OF FISCAL YEARS appoint noncompetitively a relocating spouse of (b) and multiply the agency’s maximum pay- IN WHICH INSUFFICIENT FUNDS ARE APPRO- a member of the Armed Forces or a spouse of a ment by such percentage. PRIATED.—For a fiscal year in which the disabled or deceased member of the Armed ‘‘(iii) Multiply the amount determined under amount appropriated under section 8014 is in- Forces. clause (ii) by 90 percent. sufficient to pay the full amount a local edu- ‘‘(c) RELOCATING SPOUSES.— ‘‘(3) REMAINING FUNDS.—From any funds re- cational agency is eligible to receive under this ‘‘(1) IN GENERAL.—An appointment of a relo- maining after making payments under para- title, paragraph (1) shall be applied by sub- cating spouse of a member of the Armed Forces graphs (1) and (2) for the fiscal year involved, stituting ‘is available to pay the agency’ for ‘the under this section may only be to a position the the Secretary shall make a payment to each agency is eligible to receive’ both places the term duty station for which is within the geographic local educational agency that received a foun- appears.’’. area of the permanent duty station of the mem- dation payment under paragraph (1) or (2) or (c) EFFECTIVE DATE.—Notwithstanding sec- ber of the Armed Forces, unless there is no agen- subsection (i)(1), for the fiscal year involved in tion 8005(d) of the Elementary and Secondary cy with a position with a duty station within an amount that bears the same relation to the Education Act of 1965 (20 U.S.C. 7705(d)), sub- the geographic area of the permanent duty sta- remainder as a percentage share determined for section (b)(1), and the amendments made by tion of the member of the Armed Forces. the local educational agency (by dividing the subsection (b)(1), shall take effect with respect ‘‘(2) SINGLE APPOINTMENT PER DUTY STA- maximum amount that the agency is eligible to to applications submitted under section 8002 of TION.—A relocating spouse of a member of the receive under subsection (b) by the total of the the Elementary and Secondary Education Act of Armed Forces may not receive more than 1 ap- maximum amounts for all such agencies) bears 1965 (20 U.S.C. 7702) for fiscal year 2010. pointment under this section for each time the to the percentage share determined (in the same SEC. 574. MILITARY SPOUSES. spouse relocates as described in subparagraphs manner) for all local educational agencies eligi- (a) IN GENERAL.—Subchapter I of chapter 33 (B) and (C) of subsection (a)(5).’’. ble to receive a payment under this section for of title 5, United States Code, is amended by (b) REGULATIONS.—Not later than 180 after the fiscal year involved, except that, for the adding at the end the following: the date of enactment of this Act, the Director purpose of calculating a local educational agen- ‘‘§ 3330d. Appointment of certain military of the Office of Personnel Management shall cy’s maximum amount under subsection (b), spouses amend section 315.612 of title 5, Code of Federal data from the most current fiscal year shall be ‘‘(a) DEFINITIONS.—In this section— Regulations (relating to noncompetitive ap- used.’’; and pointment of certain military spouses) in accord- (C) in subsection (i)(1), by striking ‘‘the Sec- ‘‘(1) the term ‘active duty’— ‘‘(A) has the meaning given that term in sec- ance with the amendment made by subsection retary shall use the remainder described in sub- (a) and promulgate or amend any other regula- section (h)(3) for the fiscal year involved’’ and tion 101(d)(1) of title 10; ‘‘(B) includes full-time National Guard duty tions necessary to carry out the amendment inserting ‘‘the Secretary shall use amounts re- made by subsection (a). maining after making payments under sub- (as defined in section 101(d)(5) of title 10); and (c) TECHNICAL AND CONFORMING AMEND- section (h)(1) for the fiscal year involved’’; ‘‘(C) for a member of a reserve component (as MENT.—The table of sections for chapter 33 of (2) in section 8003(a)(4) (20 U.S.C. described in section 10101 of title 10), does not title 5, United States Code, is amended by insert- 7703(a)(4))— include training duties or attendance at a serving after the item relating to section 3330c the (A) in the paragraph heading, by striking ice school; following: ‘‘RENOVATION OR REBUILDING’’ and inserting ‘‘(2) the term ‘agency’— ‘‘3330d. Appointment of certain military ‘‘RENOVATION, REBUILDING, OR AUTHORIZED FOR ‘‘(A) has the meaning given the term ‘Execu- spouses.’’. DEMOLITION’’; tive agency’ in section 105; and (B) in subparagraph (A), by striking ‘‘renova- ‘‘(B) does not include the Government Ac- SEC. 575. MODIFICATION OF AUTHORITY TO tion or rebuilding’’ both places the term appears countability Office; ALLOW DEPARTMENT OF DEFENSE ‘‘(3) the term ‘geographic area of the perma- DOMESTIC DEPENDENT ELEMEN- and inserting ‘‘renovation, rebuilding, or au- TARY AND SECONDARY SCHOOLS TO thorized for demolition’’; nent duty station’ means the area from which individuals reasonably can be expected to travel ENROLL CERTAIN STUDENTS. (C) in subparagraph (B)— Section 2164 of title 10, United States Code, is (i) by striking ‘‘renovation or rebuilding’’ daily to and from work at the location of a member’s permanent duty station; amended by adding at the end the following each place the term appears and inserting ‘‘ren- new subsections: ovation, rebuilding, or authorized for demoli- ‘‘(4) the term ‘permanent change of station’ ‘‘(k) TUITION-FREE ENROLLMENT IN DOMESTIC tion’’; and means the assignment, detail, or transfer of a DEPENDENT SCHOOLS FOR CERTAIN OVERSEAS (ii) in clause (i)(I), by striking ‘‘3 fiscal years’’ member of the Armed Forces who is on active DEPENDENTS.—Tuition-free enrollment in the and inserting ‘‘4 fiscal years (which are not re- duty and serving at a permanent duty station domestic dependent elementary and secondary quired to run consecutively)’’; and under a competent authorization or order that schools is authorized for dependents who are (iii) in clause (ii)(I), by striking ‘‘3 fiscal does not— currently enrolled in the defense dependents’ years’’ and inserting ‘‘4 fiscal years (which are ‘‘(A) specify the duty as temporary; education school system pursuant to the De- not required to run consecutively)’’; and ‘‘(B) provide for assignment, detail, or trans- fense Dependents’ Education Act of 1978 (20 (D) by adding at the end the following: fer, after that different permanent duty station, U.S.C. 921 et seq.) if— ‘‘(C) ELIGIBLE HOUSING.—Renovation, rebuild- to a further different permanent duty station; or ing, or authorized for demolition shall be de- ‘‘(C) direct return to the initial permanent ‘‘(1) such dependents departed their overseas fined as projects considered as recapitalization, duty station; location due to an authorized departure or evac- modernization, or restoration as defined by the ‘‘(5) the term ‘relocating spouse of a member uation order; Secretary of Defense or the Secretary of the In- of the Armed Forces’ means an individual who— ‘‘(2) the designated safe haven of such de- terior (as the case may be) and are projects that ‘‘(A) is married to a member of the Armed pendents is located within commuting distance last more than 30 days, but do not include Forces (without regard to whether the indi- of a school operated by the domestic dependent ‘sustainment projects’ such as painting, car- vidual married the member before a permanent elementary and secondary schools; and peting, or minor repairs.’’; and change of station of the member) who is ordered ‘‘(3) the school concerned already possesses (3) in section 8010 (20 U.S.C. 7710)— to active duty for a period of more than 180 con- the capacity and resources for such dependents (A) in subsection (c)— secutive days; to attend the school. (i) in paragraph (1), by striking ‘‘paragraph ‘‘(B) relocates to the member’s permanent ‘‘(l) TUITION-PAYING ENROLLMENT IN VIRTUAL (3) of this subsection’’ both places the term ap- duty station; and ELEMENTARY AND SECONDARY EDUCATION PRO- pears and inserting ‘‘paragraph (2)’’; and ‘‘(C) before relocating as described in subpara- GRAM FOR CERTAIN DEPENDENTS TRANSITIONING (ii) in paragraph (2)(E), by striking ‘‘under graph (B), resided outside the geographic area FROM OVERSEAS.—Under regulations prescribed section 8003(b)’’ and all that follows through the of the permanent duty station; and by the Secretary, tuition-paying enrollment in period at the end and inserting ‘‘under this ‘‘(6) the term ‘spouse of a disabled or deceased the virtual elementary and secondary education title.’’; and member of the Armed Forces’ means an indi- program of the Department for dependents of (B) by adding at the end the following: vidual— members of the armed forces on active duty is ‘‘(d) TIMELY PAYMENTS.— ‘‘(A) who is married to a member of the Armed authorized when such dependents— ‘‘(1) IN GENERAL.—Subject to paragraph (2), Forces who— ‘‘(1) transition from an overseas defense de- the Secretary shall pay a local educational ‘‘(i) is retired, released, or discharged from the pendents’ education system school into a school agency the full amount that the agency is eligi- Armed Forces; and operated by a local educational agency or an- ble to receive under this title for a fiscal year ‘‘(ii) on the date on which the member retires, other accredited educational program in the not later than September 30 of the second fiscal is released, or is discharged, has a disability rat- United States, and year following the fiscal year for which such ing of 100 percent under the standard schedule ‘‘(2) are not otherwise eligible to enroll in a amount has been appropriated if, not later than of rating disabilities in use by the Department of domestic dependent elementary or secondary 1 calendar year following the fiscal year in Veterans Affairs; or school pursuant to subsection (a).’’.

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SENSE OF CONGRESS REGARDING SUP- ‘‘(9) Voluntary services to facilitate account- shall submit to the Committees on Armed Serv- PORT FOR YELLOW RIBBON DAY. ing for missing persons.’’. ices of the Senate and the House of Representa- (a) FINDINGS.—Congress makes the following (c) AUTHORITY FOR COOPERATIVE AGREEMENTS tives a plan to improve the completeness and ac- findings: FOR ACCEPTANCE BY MILITARY MUSEUMS AND curacy of the data contained in the Defense En- (1) The hopes and prayers of the people of the EDUCATION PROGRAMS OF NONPROFIT SUP- rollment Eligibility Reporting System (DEERS) United States for the safe return of members of PORT.— in order to provide for the standardization of the Armed Forces of the United States serving (1) IN GENERAL.—Chapter 155 of such title is identification credentials required for eligibility, overseas are often demonstrated through the amended by adding at the end the following enrollment, transactions, and updates across all proud display of yellow ribbons. new section: Department of Defense installations and to en- (2) The designation of a ‘‘Yellow Ribbon Day’’ sure that those issued military identification would serve as an additional reminder for all ‘‘§ 2615. Military museums and military education programs: cooperative agreements cards and receiving benefits based on such data people of the United States of the continued sac- are actually eligible for such cards and benefits. rifice of members of the Armed Forces. for receipt of support from nonprofit entities (3) Yellow Ribbon Day would also recognize ‘‘The Secretary concerned may enter into a SEC. 585. POSTHUMOUS HONORARY PROMOTION the history and meaning of the yellow ribbon as cooperative agreement (as described in section OF SERGEANT PASCHAL CONLEY TO SECOND LIEUTENANT IN THE ARMY. the symbol of support for members of the Armed 6305 of title 31) with a nonprofit entity for pur- Notwithstanding the time limitation specified Forces and other individuals of the United poses related to support of a military edu- in section 1521 of title 10, United States Code, or States who are serving in combat or crisis situa- cational institution program or military museum any other time limitation with respect to post- tions overseas. program if a cooperative agreement is the appro- humous promotions for persons who served in (b) SENSE OF CONGRESS.—Congress supports priate mechanism to obtain such support under the goals and ideals of Yellow Ribbon Day in the provisions of section 6305 of title 31.’’. the Armed Forces, the President is authorized to honor of members of the Armed Forces of the (2) CLERICAL AMENDMENT.—The table of sec- issue an appropriate posthumous honorary com- United States who are serving overseas apart tions at the beginning of chapter 155 of such mission promoting to second lieutenant in the from their families and loved ones. title is amended by adding at the end the fol- Army under section 1521 of such title Sergeant (retired) Paschal Conley, a distinguished Buf- SEC. 577. REPORT ON FUTURE OF FAMILY SUP- lowing new item: PORT PROGRAMS OF THE DEPART- ‘‘2615. Military museums and military education falo Soldier who was recommended for pro- MENT OF DEFENSE. programs: cooperative agreements motion to second lieutenant under then-existing (a) REPORT REQUIRED.—Not later than 180 for receipt of support from non- procedures by General John J. Pershing. days after the date of the enactment of this Act, profit entities.’’. TITLE VI—COMPENSATION AND OTHER the Secretary of Defense shall submit to the con- SEC. 583. CLARIFICATION OF AUTHORIZED FISH- PERSONNEL BENEFITS gressional defense committees a report on the ER HOUSE RESIDENTS AT THE FISH- Subtitle A—Pay and Allowances anticipated future of the family support pro- ER HOUSE FOR THE FAMILIES OF grams of the Department of Defense during the THE FALLEN AND MEDITATION PA- SEC. 601. RATES OF BASIC ALLOWANCE FOR HOUSING FOR ARMY NATIONAL five-year period beginning on the date of the VILION AT DOVER AIR FORCE BASE, DELAWARE. GUARD AND AIR NATIONAL GUARD submittal of the report as end strengths for the (a) TREATMENT OF FISHER HOUSE FOR THE MEMBERS ON FULL-TIME NATIONAL Armed Forces are reduced and the Armed Forces GUARD DUTY. FAMILIES OF THE FALLEN AND MEDITATION PA- are drawn down from combat operations in Af- VILION.—Subsection (a) of section 2493 of title Section 403(g) of title 37, United States Code, ghanistan. is amended by adding at the end the following (b) ELEMENTS.—The report required by sub- 10, United States Code, is amended— (1) in paragraph (1)— new paragraph: section (a) shall include the following: ‘‘(6)(A) The rate of basic allowance for hous- (1) A description of the current family support (A) in subparagraph (B), by striking ‘‘by patients’’ and all that follows through ‘‘such pa- ing to be paid to a member of the Army National programs of each of the Armed Forces and the Guard of the United States or the Air National Department of Defense, including the name, tients;’’ and inserting ‘‘by authorized Fisher House residents;’’; and Guard of the United States on full-time National scope and intended purpose of each program. Guard duty shall be based on the member’s duty (2) An assessment of the current costs of the (B) by adding after subparagraph (C) the fol- location. family support programs covered by paragraph lowing new flush sentence: ‘‘(B)(i) The rate of basic allowance for hous- (1), and an estimate of the costs of anticipated ‘‘The term includes the Fisher House for the ing to be paid a member described in subpara- family support programs of the Department over Families of the Fallen and Meditation Pavilion graph (A) may not be modified upon the transi- the period covered by the report. at Dover Air Force Base, Delaware, so long as tion of the member from active duty to full-time (3) An assessment of the costs and other con- such facility is available for residential use on a National Guard duty, or from full-time National sequences associated with the elimination or re- temporary basis by authorized Fisher House Guard duty to active duty, when the transition duction of any current family support programs residents.’’; and occurs without a break in active service, unless of the Department over the period covered by (2) by adding at the end the following new the transition results in a permanent change of the report. paragraph: (4) An assessment by the Secretary of the ‘‘(3) The term ‘authorized Fisher House resi- station and shipment of household goods. Army of the Family Readiness Support Assistant dents’ means the following: ‘‘(ii) For purposes of this subparagraph, a program, and a description of any planned or ‘‘(A) With respect to a facility described in the break in active service occurs when one or more anticipated changes to that program over the first sentence of paragraph (1) that is located in calendar days between active service periods do period covered by the report. proximity to a health care facility of the Army, not qualify as active service.’’. the Air Force, or the Navy, the following per- Subtitle H—Other Matters SEC. 602. PAYMENT OF BENEFIT FOR NON- sons: PARTICIPATION OF ELIGIBLE MEM- SEC. 581. FAMILY BRIEFINGS CONCERNING AC- ‘‘(i) Patients of that health care facility. BERS IN POST-DEPLOYMENT/MOBILI- COUNTINGS FOR MEMBERS OF THE ‘‘(ii) Members of the families of such patients. ZATION RESPITE ABSENCE PRO- ARMED FORCES AND DEPARTMENT GRAM DUE TO GOVERNMENT ERROR. OF DEFENSE CIVILIAN EMPLOYEES ‘‘(iii) Others providing the equivalent of famil- (a) PAYMENT OF BENEFIT.— LISTED AS MISSING. ial support for such patients. Section 1501(a)(1) of title 10, United States ‘‘(B) With respect to the Fisher House for (1) IN GENERAL.—Subject to subsection (e), the Code, is amended— Families of the Fallen and Meditation Pavilion Secretary concerned shall, upon application (1) in subparagraph (B), by striking ‘‘and’’ at at Dover Air Force Base, Delaware, the fol- therefor, make a payment to each individual de- the end; lowing persons: scribed in paragraph (2) of $200 for each day of (2) in subparagraph (C), by striking the period ‘‘(i) The primary next of kin of a member of nonparticipation of such individual in the Post- at the end and inserting ‘‘; and’’; and the armed forces who dies while located or serv- Deployment/Mobilization Respite Absence pro- (3) by adding at the end the following new ing overseas. gram as described in that paragraph. subparagraph: ‘‘(ii) Other family members of the deceased (2) COVERED INDIVIDUALS.—An individual de- ‘‘(D) coordination of periodic briefing of fami- member who are eligible for transportation scribed in this paragraph is an individual who— lies of missing persons about the efforts of the under section 411f(e) of title 37. (A) was eligible for participation as a member Department of Defense to account for those per- ‘‘(iii) An escort of a family member described of the Armed Forces in the Post-Deployment/ sons.’’. in clause (i) or (ii).’’. Mobilization Respite Absence program; but SEC. 582. ENHANCEMENT OF AUTHORITY TO AC- (b) CONFORMING AMENDMENTS.—Subsections (B) as determined by the Secretary concerned CEPT GIFTS AND SERVICES. (b), (e), (f), and (g) of such section are amended pursuant to an application for the correction of (a) ACTIVITIES BENEFITTING EDUCATION AS by striking ‘‘health care’’ each place it appears. the military records of such individual pursuant SERVICES SUBJECT TO ACCEPTANCE.—Section (c) REPEAL OF SUPERSEDED AUTHORITY.—Sec- to section 1552 of title 10, United States Code, 2601(i)(2) of title 10, United States Code, is tion 643 of the National Defense Authorization did not participate in one or more days in the amended by inserting ‘‘education,’’ before ‘‘mo- Act for Fiscal Year 2012 (Public Law 112–81; 125 program for which the individual was so eligible rale,’’. Stat. 1466) is repealed. due to Government error. (b) ACCEPTANCE OF VOLUNTARY SERVICES IN SEC. 584. REPORT ON ACCURACY OF DATA IN THE (b) DECEASED INDIVIDUALS.— CONNECTION WITH ACCOUNTING FOR MISSING DEFENSE ENROLLMENT ELIGIBILITY (1) APPLICATIONS.—If an individual otherwise PERSONS.—Section 1588(a) of such title is REPORTING SYSTEM. covered by subsection (a) is deceased, the appli- amended by adding at the end the following Not later than 90 days after the date of the cation required by that subsection shall be made new paragraph: enactment of this Act, the Secretary of Defense by the individual’s legal representative.

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(2) PAYMENT.—If an individual to whom pay- (1) Section 302c–1(f), relating to accession and SEC. 617. INCREASE IN MAXIMUM AMOUNT OF IN- ment would be made under subsection (a) is de- retention bonuses for psychologists. CENTIVE BONUS FOR RESERVE COM- ceased at time of payment, payment shall be (2) Section 302d(a)(1), relating to accession PONENT MEMBERS WHO CONVERT made in the manner specified in section bonus for registered nurses. MILITARY OCCUPATIONAL SPE- (3) Section 302e(a)(1), relating to incentive CIALTY TO EASE PERSONNEL 1552(c)(2) of title 10, United States Code. SHORTAGES. special pay for nurse anesthetists. (c) PAYMENT IN LIEU OF ADMINISTRATIVE AB- Section 326(c)(1) of title 37, United States (4) Section 302g(e), relating to special pay for SENCE.—Payment under subsection (a) with re- Code, is amended by striking ‘‘, in the case of’’ Selected Reserve health professionals in criti- spect to a day described in that subsection shall the first place it appears and all that follows be in lieu of any entitlement of the individual cally short wartime specialties. (5) Section 302h(a)(1), relating to accession through ‘‘reserve component of the armed concerned to a day of administrative absence for forces’’. such day. bonus for dental officers. (d) CONSTRUCTION.— (6) Section 302j(a), relating to accession bonus Subtitle C—Travel and Transportation (1) CONSTRUCTION WITH OTHER PAY.—Any for pharmacy officers. Allowances payment with respect to an individual under (7) Section 302k(f), relating to accession bonus SEC. 631. PERMANENT CHANGE OF STATION AL- subsection (a) is in addition to any other pay for medical officers in critically short wartime LOWANCES FOR MEMBERS OF SE- provided by law. specialties. LECTED RESERVE UNITS FILLING A (2) CONSTRUCTION OF AUTHORITY.—It is the (8) Section 302l(g), relating to accession bonus VACANCY IN ANOTHER UNIT AFTER sense of Congress that— for dental specialist officers in critically short BEING INVOLUNTARILY SEPARATED. (A) the sole purpose of the authority in this wartime specialties. (a) TRAVEL AND TRANSPORTATION ALLOW- section is to remedy administrative errors; and SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY ANCES GENERALLY.—Section 474 of title 37, (B) the authority in this section is not in- AND BONUS AUTHORITIES FOR NU- United States Code, is amended— tended to establish any entitlement in connec- CLEAR OFFICERS. (1) in subsection (a)— tion with the Post-Deployment/Mobilization The following sections of title 37, United (A) in paragraph (4), by striking ‘‘and’’ at the Respite Absence program. States Code, are amended by striking ‘‘December end; (e) OFFSET.—The Secretary of Defense shall 31, 2012’’ and inserting ‘‘December 31, 2013’’: (B) in paragraph (5), by striking the period at transfer $2,000,000 from the unobligated bal- (1) Section 312(f), relating to special pay for the end and inserting ‘‘; and’’; and ances of the Pentagon Reservation Maintenance nuclear-qualified officers extending period of (C) by adding at the end the following new Revolving Fund established under section active service. paragraph: ‘‘(6) upon filling a vacancy in a Selected Re- 2674(e) of title 10, United States Code, to the (2) Section 312b(c), relating to nuclear career serve unit at a duty station that is more than Miscellaneous Receipts Fund of the United accession bonus. 150 miles from the member’s residence if— States Treasury. (3) Section 312c(d), relating to nuclear career ‘‘(A) during the preceding three years the (f) DEFINITIONS.—In this section, the terms annual incentive bonus. member was involuntarily separated under other ‘‘Post-Deployment/Mobilization Respite Absence SEC. 614. ONE-YEAR EXTENSION OF AUTHORITIES than adverse conditions (as characterized by the program’’ and ‘‘Secretary concerned’’ have the RELATING TO TITLE 37 CONSOLI- DATED SPECIAL PAY, INCENTIVE Secretary concerned) while assigned to a unit of meaning given such terms in section 604(f) of the PAY, AND BONUS AUTHORITIES. the Selected Reserve certified by the Secretary National Defense Authorization Act for Fiscal The following sections of title 37, United concerned as having been adversely affected by Year 2010 (Public Law 111–84; 123 Stat. 2350). States Code, are amended by striking ‘‘December force structure reductions during the period be- SEC. 603. EXTENSION OF AUTHORITY TO PROVIDE 31, 2012’’ and inserting ‘‘December 31, 2013’’: ginning on October 1, 2012, and ending on De- TEMPORARY INCREASE IN RATES OF (1) Section 331(h), relating to general bonus BASIC ALLOWANCE FOR HOUSING cember 31, 2018; UNDER CERTAIN CIRCUMSTANCES. authority for enlisted members. ‘‘(B) the involuntary separation occurred dur- (2) Section 332(g), relating to general bonus Section 403(b)(7)(E) of title 37, United States ing the period beginning on October 1, 2012, and authority for officers. Code, is amended by striking ‘‘December 31, ending on December 31, 2018; and (3) Section 333(i), relating to special bonus 2012’’ and inserting ‘‘December 31, 2013’’. ‘‘(C) the member is— and incentive pay authorities for nuclear offi- ‘‘(i) qualified in a skill designated as critically Subtitle B—Bonuses and Special and cers. short by the Secretary concerned; or Incentive Pays (4) Section 334(i), relating to special aviation ‘‘(ii) filling a vacancy in a Selected Reserve SEC. 611. ONE-YEAR EXTENSION OF CERTAIN incentive pay and bonus authorities for officers. unit with a critical manpower shortage, or in a BONUS AND SPECIAL PAY AUTHORI- (5) Section 335(k), relating to special bonus pay grade with a critical manpower shortage in TIES FOR RESERVE FORCES. and incentive pay authorities for officers in such unit.’’; The following sections of title 37, United health professions. (2) in subsection (f), by adding at the end the States Code, are amended by striking ‘‘December (6) Section 351(h), relating to hazardous duty following new paragraph: 31, 2012’’ and inserting ‘‘December 31, 2013’’: pay. ‘‘(4)(A) A member may be provided travel and (1) Section 308b(g), relating to Selected Re- (7) Section 352(g), relating to assignment pay transportation allowances under subsection serve reenlistment bonus. or special duty pay. (a)(6) only with respect to the filling of a va- (2) Section 308c(i), relating to Selected Reserve (8) Section 353(i), relating to skill incentive cancy in a Selected Reserve unit one time. affiliation or enlistment bonus. pay or proficiency bonus. ‘‘(B) Regulations under this section shall pro- (3) Section 308d(c), relating to special pay for (9) Section 355(h), relating to retention incen- vide that whenever travel and transportation al- enlisted members assigned to certain high-pri- tives for members qualified in critical military lowances are paid under subsection (a)(6), the ority units. skills or assigned to high priority units. cost shall be borne by the unit filling the va- (4) Section 308g(f)(2), relating to Ready Re- SEC. 615. ONE-YEAR EXTENSION OF AUTHORITIES serve enlistment bonus for persons without prior cancy.’’; and RELATING TO PAYMENT OF OTHER (3) in subsection (j), by striking ‘‘In this’’ and service. TITLE 37 BONUSES AND SPECIAL (5) Section 308h(e), relating to Ready Reserve PAYS. inserting ‘‘Other than in subsection (a)(6), in enlistment and reenlistment bonus for persons The following sections of title 37, United this’’. with prior service. States Code, are amended by striking ‘‘December (b) TRAVEL AND TRANSPORTATION ALLOW- (6) Section 308i(f), relating to Selected Reserve 31, 2012’’ and inserting ‘‘December 31, 2013’’: ANCES FOR DEPENDENTS AND HOUSEHOLD EF- enlistment and reenlistment bonus for persons (1) Section 301b(a), relating to aviation officer FECTS.—Section 476 of such title is amended— with prior service. retention bonus. (1) by redesignating subsections (l), (m), and (7) Section 910(g), relating to income replace- (2) Section 307a(g), relating to assignment in- (n) as subsections (m), (n), and (o); and ment payments for reserve component members centive pay. (2) by inserting after subsection (k) the fol- experiencing extended and frequent mobilization (3) Section 308(g), relating to reenlistment lowing new subsection (l) for active duty service. bonus for active members. ‘‘(l)(1) A member described in paragraph (2) is entitled to the travel and transportation allow- SEC. 612. ONE-YEAR EXTENSION OF CERTAIN (4) Section 309(e), relating to enlistment BONUS AND SPECIAL PAY AUTHORI- bonus. ances, including allowances with respect to de- TIES FOR HEALTH CARE PROFES- (5) Section 324(g), relating to accession bonus pendents, authorized by this section upon filling SIONALS. for new officers in critical skills. a vacancy as described in that paragraph as if (a) TITLE 10 AUTHORITIES.—The following sec- (6) Section 326(g), relating to incentive bonus the member were undergoing a permanent tions of title 10, United States Code, are amend- for conversion to military occupational specialty change of station under orders in filling such ed by striking ‘‘December 31, 2012’’ and inserting to ease personnel shortage. vacancy. ‘‘December 31, 2013’’: (7) Section 327(h), relating to incentive bonus ‘‘(2) A member described in this paragraph is (1) Section 2130a(a)(1), relating to nurse offi- for transfer between armed forces. a member who is filling a vacancy in a Selected cer candidate accession program. (8) Section 330(f), relating to accession bonus Reserve unit at a duty station that is more than (2) Section 16302(d), relating to repayment of for officer candidates. 150 miles from the member’s residence if— education loans for certain health professionals SEC. 616. INCREASE IN AMOUNT OF OFFICER AF- ‘‘(A) during the three years preceding filling who serve in the Selected Reserve. FILIATION BONUS FOR OFFICERS IN the vacancy, the member was involuntarily sep- (b) TITLE 37 AUTHORITIES.—The following sec- THE SELECTED RESERVE. arated under other than adverse conditions (as tions of title 37, United States Code, are amend- Section 308j(d) of title 37, United States Code, characterized by the Secretary concerned) while ed by striking ‘‘December 31, 2012’’ and inserting is amended by striking ‘‘$10,000’’ and inserting assigned to a unit of the Selected Reserve cer- ‘‘December 31, 2013’’: ‘‘$20,000’’. tified by the Secretary concerned as having been

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ENHANCEMENT OF PROTECTIONS ON and ending on December 31, 2018; such demands; and CONSUMER CREDIT FOR MEMBERS ‘‘(B) the involuntary separation occurred dur- ‘‘(3) implement policies aimed at ensuring cost OF THE ARMED FORCES AND THEIR ing the period beginning on October 1, 2012, and control and the safety, security, and efficient DEPENDENTS. ending on December 31, 2018; and processing of travelers, including limiting the (a) CONSUMER CREDIT.—Paragraph (6) of sec- ‘‘(C) the member is— benefit under the program to one or more cat- tion 987(i) of title 10, United States Code, is ‘‘(i) qualified in a skill designated as critically egories of individuals set forth in subsection (b) amended to read as follows: short by the Secretary concerned; or if considered necessary by the Secretary. ‘‘(6) CONSUMER CREDIT.— ‘‘(ii) filling a vacancy in a Selected Reserve ‘‘(d) CONSTRUCTION.—The authority to pro- ‘‘(A) IN GENERAL.—The term ‘consumer credit’ unit with a critical manpower shortage, or in a vide transportation under this section is in addi- shall be defined by the Secretary of Defense in pay grade with a critical manpower shortage in tion to any other authority under law to provide regulations prescribed under this section, and such unit. transportation on Department of Defense air- shall include, in addition to any other meaning ‘‘(3) Any allowances authorized by this sec- craft on a space-available basis.’’. provided for in such regulations, the following: tion that are payable under this subsection may (b) CLERICAL AMENDMENT.—The table of sec- ‘‘(i) A vehicle title loan for any duration, be payable in advance if payable in advance to tions at the beginning of chapter 157 of such whether open end or closed end. a member undergoing a permanent change of title is amended by inserting after the item relat- station under orders under the applicable provi- ing to section 2641b the following new item: ‘‘(ii) A payday loan for any duration, wheth- sion of this section.’’. ‘‘2641c. Space-available travel on Department of er open end or closed end. SEC. 632. AUTHORITY FOR COMPREHENSIVE PRO- Defense aircraft.’’. ‘‘(iii) A tax refund anticipation loan. GRAM FOR SPACE-AVAILABLE TRAV- Subtitle D—Disability, Retired Pay, and ‘‘(B) EXCLUSIONS.—The term ‘consumer credit’ EL ON DEPARTMENT OF DEFENSE Survivor Benefits does not include the following: AIRCRAFT. SEC. 641. REPEAL OF REQUIREMENT FOR PAY- ‘‘(i) A residential mortgage. (a) IN GENERAL.—Chapter 157 of title 10, MENT OF SURVIVOR BENEFIT PLAN ‘‘(ii) A loan procured in the course of pur- United States Code, is amended by inserting PREMIUMS WHEN PARTICIPANT chasing a car or other personal property, when after section 2641b the following new section: WAIVES RETIRED PAY TO PROVIDE A that loan is offered for the express purpose of fi- ‘‘§ 2641c. Space-available travel on Depart- SURVIVOR ANNUITY UNDER FED- nancing the purchase and is secured by the car ment of Defense aircraft ERAL EMPLOYEES RETIREMENT SYS- or personal property procured.’’. TEM AND TERMINATION OF PAY- ‘‘(a) AUTHORITY TO ESTABLISH PROGRAM.—(1) MENT OF SURVIVOR BENEFIT PLAN (b) POLICY ON PREDATORY EXTENSION OF The Secretary of Defense may establish a pro- ANNUITY. CREDIT THROUGH INSTALLMENT LOANS TAR- gram to provide transportation on Department (a) DEPOSITS NOT REQUIRED.—Section 1452(e) GETING MEMBERS OF THE ARMED FORCES AND of Defense aircraft on a space-available basis. of title 10, United States Code, is amended— DEPENDENTS.— ‘‘(2) The program shall be conducted pursuant (1) in the subsection heading, by inserting (1) POLICY REQUIRED.—The Secretary of De- to regulations prescribed by the Secretary for ‘‘AND FERS’’ after ‘‘CSRS’’; fense shall, in consultation with the officials purposes of this section. Such regulations shall (2) by inserting ‘‘or for the purposes of chap- and entities specified in section 987(h)(3) of title be prescribed by not later than January 1, 2014, ter 84 of title 5,’’ after ‘‘chapter 83 of title 5,’’; 10, United States Code, prescribe a policy on the and shall take effect on that date or such earlier (3) by inserting ‘‘or 8416(a)’’ after ‘‘8339(j)’’; predatory extension of credit through install- date as the Secretary shall specify in such regu- and ment loans targeting members of the Armed lations. (4) by inserting ‘‘or 8442(a)’’ after ‘‘8341(b)’’. Forces and their dependents. ‘‘(3) The program shall be conducted in a (b) CONFORMING AMENDMENTS.—Section (2) OBJECTIVES.—The objectives of the policy budget neutral manner. No additional funds 1450(d) of such title is amended— required by paragraph (1) shall be as follows: may be used, or flight hours performed, for the (1) by inserting ‘‘or for the purposes of chap- (A) To enhance protections afforded members provision of transportation under the program. ter 84 of title 5,’’ after ‘‘chapter 83 of title 5,’’; of the Armed Forces and their dependents under ‘‘(b) BENEFIT.—If the Secretary establishes a (2) by inserting ‘‘or 8146(a)’’ after ‘‘8339(j)’’; section 987 of title 10, United States Code, by program authorized by subsection (a), the Sec- and curbing continuing predatory lending practices (3) by inserting ‘‘or 8442(a)’’ after ‘‘8341(b).’’ retary shall, subject to section (c), provide the targeting members of the Armed Forces and (c) APPLICABILITY.—The amendments made by benefit under the program to the following cat- their dependents that are not currently regu- this section shall apply with respect to any par- egories of individuals: lated under that section. ticipant electing a annuity for survivors under ‘‘(1) Members of the armed forces on active (B) To improve the financial literacy of mem- duty. chapter 84 of title 5, United States Code, on or after the date of the enactment of this Act. bers of the Armed Forces and their dependents ‘‘(2) Members of the Selected Reserve who with respect to installment loans and other SEC. 642. REPEAL OF AUTOMATIC ENROLLMENT hold a valid Uniformed Services Identification forms of credit not currently regulated under and Privilege Card. IN FAMILY SERVICEMEMBERS’ GROUP LIFE INSURANCE FOR MEM- section 987 of title 10, United States Code. ‘‘(3) Retired members of a regular or reserve BERS OF THE ARMED FORCES MAR- (C) To make members of the Armed Forces and component of the armed forces, including retired RIED TO OTHER MEMBERS. their dependents aware of other, more beneficial members of reserve components, who, but for Section 1967(a)(1) of title 38, United States sources of financial aid and credit services (such being under the eligibility age applicable under Code, is amended— as those available through military relief soci- section 12731 of this title, would be eligible for (1) in subparagraph (A)(ii), by inserting after eties) than installment loans. retired pay under chapter 1223 of this title. ‘‘insurable dependent of the member’’ the fol- (D) If considered appropriate by the Secretary ‘‘(4) The unremarried spouses of members of lowing: ‘‘(other than a dependent who is also a of Defense, to provide, by regulation, for the the armed forces who were killed on active duty member of a uniformed service and, because of coverage under section 987 of title 10, United or otherwise died in the line of duty, and the such membership, automatically insured under States Code, of installment loans extended to unremarried spouses of former members of the this paragraph)’’; and members of the Armed Forces and dependents armed forces who died of a combat-related ill- (2) in subparagraph (C)(ii), by inserting after protected by that section. ness or injury, who hold a valid Uniformed ‘‘insurable dependent of the member’’ the fol- (c) EFFECTIVE DATE.— Services Identification and Privilege Card. lowing: ‘‘(other than a dependent who is also a (1) MODIFICATION OF REGULATIONS.—The Sec- ‘‘(5) Such categories of dependents of individ- member of a uniformed service and, because of uals described in paragraphs (1) through (3) as retary of Defense shall modify the regulations such membership, automatically insured under prescribed under section 987 of title 10, United the Secretary shall specify in the regulations this paragraph)’’. under subsection (a), under such conditions and States Code, to take into account the amend- SEC. 643. CLARIFICATION OF COMPUTATION OF ment made by subsection (a). circumstances as the Secretary shall specify in COMBAT-RELATED SPECIAL COM- such regulations. PENSATION FOR CHAPTER 61 DIS- (2) EFFECTIVE DATE OF MODIFICATION AND ‘‘(6) Such other categories of individuals as ABILITY RETIREES. POLICY.—The amendment made by subsection the Secretary, in the discretion of the Secretary, (a) IN GENERAL.—Section 1413a(b)(3) of title (a), and the policy required by subsection (b), considers appropriate. 10, United States Code, is amended by striking shall take effect on— ‘‘(c) ADMINISTRATION.—In carrying out a pro- ‘‘shall be reduced by the amount (if any) by (A) the date that is one year after the date of gram under this section, the Secretary shall— which the amount of the member’s retired pay the enactment of this Act; or ‘‘(1) in the sole discretion of the Secretary, es- under chapter 61 of this title exceeds’’ both (B) such earlier date as the Secretary shall tablish an order of priority for transportation places it appears and inserting ‘‘may not, when specify. under the program for categories of individuals combined with the amount of retired pay pay- (3) PUBLICATION OF EARLIER DATE.—If pursu- under subsection (b) that is based on considerable to the retiree after any such reduction ant to paragraph (2)(B) the Secretary specifies ations of military necessity, humanitarian con- under sections 5304 and 5305 of title 38, cause an earlier effective date for the amendment cerns, and enhancement of morale; the total of such combined payment to exceed’’. made by subsection (a) and the policy required ‘‘(2) give priority in consideration of transpor- (b) EFFECTIVE DATE.—The amendments made by subsection (b), the Secretary shall publish tation under the program to the demands of by this section shall take effect on October 1, notice of such earlier effective date in the Fed- members of the armed forces in the regular com- 2013, and shall apply to payments for months eral Register not later than 90 days before such ponents and in the reserve components on active beginning on or after that date. earlier effective date.

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00071 Fmt 4624 Sfmt 6333 E:\CR\FM\A12DE6.041 S12DEPT1 tjames on DSK6SPTVN1PROD with S7824 CONGRESSIONAL RECORD — SENATE December 12, 2012 SEC. 652. ADDITIONAL ENHANCEMENTS OF PRO- graph may be brought in any appropriate death certificate for members of the Armed TECTIONS ON CONSUMER CREDIT United States district court, without regard to Forces who die on active duty abroad, including FOR MEMBERS OF THE ARMED the amount in controversy, or in any other an explanation for any current delays in the FORCES AND THEIR DEPENDENTS. court of competent jurisdiction, not later than issuance of such death certificates. (a) PROTECTIONS AGAINST DIFFERENTIAL the earlier or— (2) A description of the average amount of TREATMENT ON CONSUMER CREDIT UNDER STATE ‘‘(i) two years after the date of discovery by time taken by the Armed Forces Medical Exam- LAW.—Subsection (d)(2) of section 987 of title 10, the plaintiff of the violation that is the basis for iner to issue such death certificates. United States Code, is amended— such liability; or (3) An assessment of the feasibility and advis- (1) in subparagraph (A), by inserting ‘‘any ‘‘(ii) five years after the date on which the ability of issuing temporary death certificates consumer credit or’’ before ‘‘loans’’; and violation that is the basis for such liability oc- for members of the Armed Forces who die on ac- (2) in subparagraph (B), by inserting ‘‘cov- curs.’’. tive duty abroad in order to provide necessary ering consumer credit’’ after ‘‘State consumer (b) EFFECTIVE DATE.—The amendment made documentation for survivors. lending protections’’. by this section and shall take effect on the date (4) A description of the actions required to en- (b) REGULAR CONSULTATIONS ON PROTEC- of the enactment of this Act, and shall apply able the Armed Forces Medical Examiner to TIONS.—Subsection (h)(3) of such section is with respect to consumer credit extended on or amended— issue a death certificate for a member of the after that date. Armed Forces who dies on active duty abroad (1) in the matter preceding subparagraph SEC. 654. MODIFICATION OF DEFINITION OF DE- (A)— not later than seven days after the return of the PENDENT FOR PURPOSES OF LIMI- remains of the member to the United States. (A) by inserting ‘‘and not less often than once TATIONS ON TERMS OF CONSUMER every two years thereafter,’’ after ‘‘under this CREDIT EXTENDED TO MEMBERS OF (5) Such other recommendations for legislative subsection,’’; and THE ARMED FORCES AND THEIR DE- or administrative action as the Secretary con- (B) by inserting ‘‘appropriate Federal agen- PENDENTS. siders appropriate to provide for the issuance by cies, including’’ before ‘‘the following’’; Paragraph (2) of section 987(i) of title 10, the Armed Forces Medical Examiner of a death (2) by striking subparagraph (E); and United States Code, is amended to read as fol- certificate for members of the Armed Forces who (3) by redesignating subparagraphs (F) and lows: die on active duty abroad not later than seven (G) as subparagraphs (E) and (F), respectively. ‘‘(2) DEPENDENT.—The term ‘dependent’, with days after the return of the remains of such (c) EFFECTIVE DATE.— respect to a covered member, has the meaning members to the United States. (1) MODIFICATION OF REGULATIONS.—The Sec- given that term in section 401(a) of title 37.’’. TITLE VII—HEALTH CARE PROVISIONS SEC. 655. ENFORCEMENT OF PROTECTIONS ON retary of Defense shall modify the regulations Subtitle A—TRICARE Program prescribed under section 987 of title 10, United CONSUMER CREDIT FOR MEMBERS States Code, to take into account the amend- OF THE ARMED FORCES AND THEIR SEC. 701. EXTENSION OF TRICARE STANDARD DEPENDENTS. ments made by subsection (a). COVERAGE AND TRICARE DENTAL Section 987(f) of title 10, United States Code, PROGRAM FOR MEMBERS OF THE SE- (2) EFFECTIVE DATE.—The amendments made as amended by section 653 of this Act, is further LECTED RESERVE WHO ARE INVOL- by subsection (a) shall take effect on— amended by adding at the end the following UNTARILY SEPARATED. (A) the date that is one year after the date of new paragraph: (a) EXTENSION OF TRICARE STANDARD COV- the enactment of this Act; or ‘‘(6) ENFORCEMENT.—The provisions of this ERAGE.—Section 1076d(b) of title 10, United (B) such earlier date as the Secretary shall section (other than paragraph (1) of this sub- States Code, is amended— specify in the modification of regulations re- section) shall be enforced by the agencies speci- (1) by striking ‘‘Eligibility’’ and inserting ‘‘(1) quired by paragraph (1). fied in section 108 of the Truth in Lending Act Except as provided in paragraph (2), eligi- UBLICATION OF EARLIER DATE.—If the (3) P (15 U.S.C. 1607) in the manner set forth in that bility’’; and Secretary specifies an earlier effective date for section or as set forth under any other applica- (2) by adding at the end the following new the amendments made by subsection (a) pursu- ble authorities available to such agencies by paragraph: ant to paragraph (2)(B), the Secretary shall law.’’. ‘‘(2) Eligibility for a member under this section publish notice of such earlier effective date in who is involuntarily separated from the Selected the Federal Register not later than 90 days be- Subtitle F—Other Matters Reserve under other than adverse conditions, as fore such earlier effective date. SEC. 661. TRANSITIONAL COMPENSATION FOR DEPENDENT CHILDREN WHO ARE characterized by the Secretary concerned, shall SEC. 653. RELIEF IN CIVIL ACTIONS FOR VIOLA- CARRIED DURING PREGNANCY AT terminate 180 days after the date on which the TIONS OF PROTECTIONS ON CON- TIME OF DEPENDENT-ABUSE OF- member is separated.’’. SUMER CREDIT EXTENDED TO MEM- FENSE. BERS OF THE ARMED FORCES AND (b) EXTENSION OF TRICARE DENTAL PRO- THEIR DEPENDENTS. (a) IN GENERAL.—Section 1059 of title 10, GRAM COVERAGE.—Section 1076a(a)(1) of such (a) IN GENERAL.—Section 987(f) of title 10, United States Code, is amended— title is amended by adding at the end the fol- United States Code, is amended by adding at the (1) in subsection (f), by adding at the end the lowing new sentence: ‘‘Such plan shall provide end the following new paragraph: following new paragraph: that coverage for a member of the Selected Re- ‘‘(4) Payment to a child under this section ‘‘(5) CIVIL LIABILITY.— serve who is involuntarily separated from the shall not be paid for any period before the birth ‘‘(A) IN GENERAL.—A person who violates this Selected Reserve under other than adverse con- of the child.’’; and section with respect to any person is civilly lia- ditions, as characterized by the Secretary con- (2) in subsection (l), by striking ‘‘at the time ble to such person for— cerned, shall terminate not earlier than 180 days of the dependent-abuse offense resulting in the ‘‘(i) any actual damage sustained as a result, after the date on which the member is sepa- separation of the former member’’ and inserting but not less than $500 for each violation; rated.’’. ‘‘or eligible spouse at the time of the dependent- ‘‘(ii) appropriate punitive damages; SEC. 702. INCLUSION OF CERTAIN OVER-THE- abuse offense resulting in the separation of the ‘‘(iii) appropriate equitable or declaratory re- COUNTER DRUGS IN TRICARE UNI- former member or who was carried during preg- lief; FORM FORMULARY. nancy at the time of the dependent-abuse of- ‘‘(iv) any other relief provided by law; (a) INCLUSION.—Subsection (a)(2) of section fense resulting in the separation of the former ‘‘(v) in any successful action to enforce the 1074g of title 10, United States Code, is amend- member and was subsequently born alive to the foregoing liability, the costs of the action, to- ed— eligible spouse or former spouse’’. gether with reasonable attorney fees as deter- (1) in subparagraph (D), by striking ‘‘No (b) PROSPECTIVE APPLICABILITY.—No benefits mined by the court; and pharmaceutical agent may be excluded’’ and in- shall accrue by reason of the amendments made ‘‘(vi) in any successful action by a defendant serting ‘‘Except as provided in subparagraph by this section for any month that begins before under this section, if the court finds the action (F), no pharmaceutical agent may be excluded’’; the date of the enactment of this Act. was brought in bad faith and for the purpose of and harassment, attorney fees of the defendant as SEC. 662. REPORT ON ISSUANCE BY ARMED (2) by adding at the end the following new FORCES MEDICAL EXAMINER OF determined by the court to be reasonable in rela- DEATH CERTIFICATES FOR MEM- subparagraph: tion to the work expended and costs incurred. BERS OF THE ARMED FORCES WHO ‘‘(F)(i) The Secretary may implement proce- ‘‘(B) DEFENSES.—A person may not be held DIE ON ACTIVE DUTY ABROAD. dures to place selected over-the-counter drugs liable for civil liability under this paragraph if (a) REPORT REQUIRED.—Not later than 120 on the uniform formulary and to make such the person shows by a preponderance of evi- days after the date of the enactment of this Act, drugs available to eligible covered beneficiaries. dence that the violation was not intentional and the Secretary of Defense shall submit to the con- An over-the-counter drug may be included on resulted from a bona fide error notwithstanding gressional defense committees a report on the the uniform formulary only if the Pharmacy the maintenance of procedures reasonably issuance by the Armed Forces Medical Examiner and Therapeutics Committee established under adapted to avoid any such error. Examples of a of death certificates for members of the Armed subsection (b) finds that the over-the-counter bona fide error include clerical, calculation, Forces who die on active duty abroad, including drug is cost-effective and clinically effective. If computer malfunction and programming, and mechanisms for reducing or ameliorating delays the Pharmacy and Therapeutics Committee rec- printing errors, except that an error of legal in the issuance of such death certificates. ommends an over-the-counter drug for inclusion judgment with respect to a person’s obligations (b) ELEMENTS.—The report required by sub- on the uniform formulary, the drug shall be under this section is not a bona fide error. section (a) shall include the following: considered to be in the same therapeutic class of ‘‘(C) JURISDICTION AND VENUE; LIMITATION.— (1) A description of the process used by the pharmaceutical agents, as determined by the An action for civil liability under this para- Armed Forces Medical Examiner to issue a Committee, as similar prescription drugs.

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00072 Fmt 4624 Sfmt 6333 E:\CR\FM\A12DE6.041 S12DEPT1 tjames on DSK6SPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — SENATE S7825 ‘‘(ii) Regulations prescribed by the Secretary paragraph (1) who will no longer have access to and available for the Defense Health Program to carry out clause (i) shall include the fol- TRICARE Prime under the contracts described for Private Sector Care as specified in the fund- lowing with respect to over-the-counter drugs in that paragraph. ing table in section 4501 is hereby increased by included on the uniform formulary: (3) An estimate of the increased costs to be in- $45,000,000, with the amount of the increase to ‘‘(I) A determination of the means and condi- curred for healthcare under the TRICARE probe available for the provision of care in accord- tions under paragraphs (5) and (6) of this sub- gram for eligible beneficiaries described in para- ance with section 1077a of title 10, United States section through which over-the-counter drugs graph (2). Code (as added by subsection (a)). will be available to eligible covered beneficiaries (4) An estimate of the saving to be achieved by (2) OFFSET.—The amount authorized to be ap- and the amount of cost sharing that such bene- the Department as a result of the contracts de- propriated for fiscal year 2013 by section 301 for ficiaries will be required to pay for over-the- scribed in paragraph (1). Operation and Maintenance and available as counter drugs, except that no such cost sharing (5) A description of the plans of the Depart- specified in the funding table in section 4301 is may be required for a member of a uniformed ment to continue to assess the impact on access hereby reduced by $45,000,000. service on active duty. to healthcare for eligible beneficiaries described SEC. 706. SENSE OF CONGRESS ON HEALTH CARE ‘‘(II) Any terms and conditions for the dis- in paragraph (2). FOR RETIRED MEMBERS OF THE UNI- pensing of over-the-counter drugs to eligible SEC. 705. CERTAIN TREATMENT OF DEVELOP- FORMED SERVICES. covered beneficiaries.’’. MENTAL DISABILITIES, INCLUDING It is the sense of Congress that— (b) DEFINITIONS.—Subsection (g) of such sec- AUTISM, UNDER THE TRICARE PRO- (1) members of the uniformed services and tion is amended by adding at the end the fol- GRAM. their families endure unique and extraordinary lowing new paragraphs: (a) CERTAIN TREATMENT OF AUTISM.— demands and make extraordinary sacrifices over ‘‘(3) The term ‘over-the-counter drug’ means a (1) IN GENERAL.—Chapter 55 of title 10, United the course of 20 to 30 years of service in pro- drug that is not subject to section 503(b) of the States Code, is amended by inserting after sec- tecting freedom for all Americans, as do those Federal Food, Drug, and Cosmetic Act (21 tion 1077 the following new section: who have been medically retired due to the U.S.C. 353(b)). ‘‘§ 1077a. Treatment of autism under the hardships of military service; and ‘‘(4) The term ‘prescription drug’ means a TRICARE program (2) access to quality health care services is an drug that is subject to section 503(b) of the Fed- ‘‘(a) IN GENERAL.—Except as provided in sub- earned benefit during retirement in acknowledg- eral Food, Drug, and Cosmetic Act (21 U.S.C. section (c), for purposes of providing health care ment of their contributions of service and sac- 353(b)).’’. services under this chapter, the treatment of de- rifice. (c) TECHNICAL AMENDMENTS.— velopmental disabilities (42 U.S.C. 15002(8)), in- Subtitle B—Other Health Care Benefits (1) CROSS-REFERENCE AMENDMENTS.—Sub- cluding autism spectrum disorders, shall include SEC. 711. USE OF DEPARTMENT OF DEFENSE sections (a)(6)(A) and (b)(1) of such section are behavioral health treatment, including applied FUNDS FOR ABORTIONS IN CASES OF amended by striking ‘‘subsection (g)’’ and in- behavior analysis, when prescribed by a physi- RAPE AND INCEST. serting ‘‘subsection (h)’’. cian. Section 1093(a) of title 10, United States Code, (2) REPEAL OF OBSOLETE PROVISIONS.— ‘‘(b) REQUIREMENTS IN PROVISION OF SERV- is amended by inserting before the period at the (A) Subsection (a)(2)(D) of such section is ICES.—In carrying out subsection (a), the Sec- end the following: ‘‘or in a case in which the amended by striking the last sentence. retary of Defense shall ensure that— pregnancy is the result of an act of rape or in- (B) Subsection (b)(2) of such section is amend- ‘‘(1) except as provided by paragraph (2), a cest’’. ed by striking ‘‘Not later than’’ and all the fol- person who is authorized to provide behavioral SEC. 712. AVAILABILITY OF CERTAIN FERTILITY lows through ‘‘such 90-day period, the com- health treatment is licensed or certified by a PRESERVATION TREATMENTS FOR mittee’’ and inserting ‘‘The committee’’. State or accredited national certification board; MEMBERS OF THE ARMED FORCES (C) Subsection (d)(2) of such section is amend- and ON ACTIVE DUTY. ed— ‘‘(2) if applied behavior analysis or other be- (a) IN GENERAL.—Subsection (a) of section (i) by striking ‘‘Effective not later than April havioral health treatment is provided by an em- 1074d of title 10, United States Code, is amended 5, 2000, the Secretary’’ and inserting ‘‘The Sec- ployee or contractor of a person described in by adding at the end the following new para- retary’’; and paragraph (1), the employee or contractor shall graph: (ii) by striking ‘‘the current managed care meet minimum qualifications, training, and su- ‘‘(3)(A) Members of the armed forces entitled support contracts’’ and inserting ‘‘the managed pervision requirements as set forth by the Sec- to medical care under section 1074(a) of this title care support contracts current as of October 5, retary who shall ensure that covered bene- who have been diagnosed with a condition for 1999,’’. ficiaries have appropriate access to care in ac- which the recommended course of treatment is SEC. 703. EXPANSION OF EVALUATION OF THE EF- cordance with best practice guidelines. recognized by a licensed physician and surgeon FECTIVENESS OF THE TRICARE PRO- ‘‘(c) EXCLUSIONS.—Subsection (a) shall not or other appropriate medical practitioner as a GRAM. apply to the following: cause of iatrogenic infertility shall also be enti- Section 717(a)(1) of the National Defense Au- ‘‘(1) Covered beneficiaries under this chapter tled to fertility preservation treatment as a part thorization Act for Fiscal Year 1996 (Public Law who are entitled to hospital insurance benefits of such medical care. 106–104; 110 Stat. 376; 10 U.S.C. 1073 note) is under part A of title XVIII of the Social Secu- ‘‘(B) If the fertility preservation treatment to amended by striking ‘‘military retirees’’ and in- rity Act. which a member is entitled under this para- serting ‘‘members of the Armed Forces (whether ‘‘(2) Covered beneficiaries under this chapter graph is not available through a facility of the in the regular or reserve components) and their who are former members, dependents of former uniformed services accessible to the member, dependents, military retirees and their depend- members, or survivors of any uniformed service such treatment shall be provided to the member ents, dependent children under the age of 21, not under the jurisdiction of the Department of through another appropriate mechanism under and dependents of members on active duty with Defense. this chapter, including through the TRICARE severe disabilities and chronic health care ‘‘(d) CONSTRUCTION WITH OTHER BENEFITS.— program.’’. needs’’. (1) Nothing in this section shall be construed as (b) DEFINITIONS RELATING TO FERTILITY PRES- SEC. 704. REPORT ON THE FUTURE AVAILABILITY limiting or otherwise affecting the benefits oth- ERVATION TREATMENT.—Such section is further OF TRICARE PRIME THROUGHOUT erwise provided under this chapter to a covered amended— THE UNITED STATES. beneficiary who is a beneficiary by virtue of— (1) in subsection (b), by striking the subsection (a) REPORT REQUIRED.—Not later than 120 ‘‘(A) service in the Coast Guard, the Commis- heading and inserting ‘‘DEFINITION RELATING days after the date of the enactment of this Act, sioned Corp of the National Oceanic and Atmos- TO PRIMARY AND PREVENTIVE HEALTH CARE the Secretary of Defense shall submit to the pheric Administration, or the Commissioned SERVICES FOR WOMEN’’; and Committees on Armed Services of the Senate and Corp of the Public Health Service; or (2) by adding at the end the following new the House of Representatives a report setting ‘‘(B) being a dependent of a member of a serv- subsection: forth the policy of the Department of Defense on ice described in subparagraph (A). ‘‘(c) DEFINITIONS RELATING TO FERTILITY the future availability of TRICARE Prime under ‘‘(2) Nothing in this section shall be construed PRESERVATION TREATMENT.—In this section: the TRICARE program for eligible beneficiaries as limiting or otherwise affecting the benefits ‘‘(1) The term ‘fertility preservation treatment’ in all TRICARE regions throughout the United provided to a medicare-eligible beneficiary includes— States. under— ‘‘(A) procedures consistent with established (b) ELEMENTS.—The report required by sub- ‘‘(A) this chapter; medical practices in the prevention or treatment section (a) shall include the following: ‘‘(B) part A of title XVIII of the Social Secu- of iatrogenic infertility by licensed physicians (1) A description, by region, of the difference rity Act (42 U.S.C. 1395c et seq.); or and surgeons or other appropriate medical prac- in availability of TRICARE Prime for eligible ‘‘(C) any other law.’’. titioners, including diagnosis, diagnostic tests, beneficiaries (other than eligible beneficiaries on (2) CLERICAL AMENDMENT.—The table of sec- medication, or surgery; and active duty in the Armed Forces) under newly- tions at the beginning of chapter 55 of such title ‘‘(B) any other procedure identified by the awarded TRICARE managed care contracts, in- is amended by inserting after the item relating Secretary of Defense that is intended to promote cluding, in particular, an identification of the to section 1077 the following new item: the future fertility of an individual who has regions or areas in which TRICARE Prime will ‘‘1077a. Treatment of autism under the been diagnosed with a condition for which the no longer be available for such beneficiaries TRICARE program.’’. recommended course of treatment is recognized under such contracts. (b) FUNDING.— by a licensed physician and surgeon or other (2) A description of the transition and out- (1) INCREASE.—The amount authorized to be appropriate medical practitioner as a cause of reach plans for eligible beneficiaries described in appropriated for fiscal year 2013 by section 1406 iatrogenic infertility.

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00073 Fmt 4624 Sfmt 6333 E:\CR\FM\A12DE6.041 S12DEPT1 tjames on DSK6SPTVN1PROD with S7826 CONGRESSIONAL RECORD — SENATE December 12, 2012 ‘‘(2) The term ‘iatrogenic infertility’ means the members of the National Guard and Reserves, (2) The efficacy of the Warriors in Transition current or future diminished ability, or the in- their family members, and their caregivers. programs in facilitating the transition of mem- ability of an individual to conceive or contribute (b) AGREEMENTS WITH COMMUNITY PART- bers to military duty or civilian life, as applica- to conception as a consequence of medical treat- NERS.—In carrying out the research program ble. ment.’’. authorized by subsection (a), the Secretary may (3) The differences in outcomes in the War- SEC. 713. MODIFICATION OF REQUIREMENTS ON enter into partnership agreements with commu- riors in Transition programs, by location, type, MENTAL HEALTH ASSESSMENTS FOR nity partners described in subsection (c) using a Armed Force, component, and types of wounds, MEMBERS OF THE ARMED FORCES competitive and merit-based award process. injuries, or conditions of program participants. DEPLOYED IN CONNECTION WITH A (c) COMMUNITY PARTNERS DESCRIBED.—A (4) The percentage of members participating in CONTINGENCY OPERATION. community partner described in this subsection the Warriors in Transition programs who receive (a) TIMING OF MENTAL HEALTH ASSESS- is a private nonprofit organization or institution care under such programs from assigned pro- MENTS.—Paragraph (1)(C)(i) of section 1074m(a) (or multiple organizations and institutions) viders, including medical care case managers, of title 10, United States Code, is amended by that— non-medical service providers (including non- striking ‘‘one year’’ and inserting ‘‘18 months’’. (1) engages in the research activities described medical case managers, legal support personnel, (b) EXCLUSION OF CERTAIN MEMBERS.—Para- in subsection (d); and and, as applicable, Physical Evaluation Board graph (2) of such section is amended— (2) meets such qualifications for treatment as Liaison Officers), mental health care providers, (1) by striking ‘‘subparagraph (B) and (C) a community partner as the Secretary shall es- and medical evaluation (MEB) physicians of’’; and tablish for purposes of the research program. whose caseload exceeds the caseload ratio that (2) by striking ‘‘determines that—’’ and all (d) ACTIVITIES.—Partnerships entered into has been designated as adequate by the Sec- that follows and inserting ‘‘determines— under the research program shall be used to en- retary of Defense. ‘‘(A) in the case of an assessment otherwise gage in research on the causes, development, (5) The percentage of members participating in required under subparagraph (A) of that para- and innovative treatment of mental health and the Warriors in Transition programs for whom graph, that the member will not be subjected or substance use disorders and Traumatic Brain the intervals between various phases in the exposed to operational risk factors during de- Injury in members of the National Guard and transition process exceeds the average length of ployment in the contingency operation con- Reserves, their family members, and their care- such intervals, including intervals relating to cerned; givers. appointment times for specialists and for treat- ‘‘(B) in the case of an assessment otherwise (e) REPORT.—Not later than five years after ment for Post-Traumatic Stress Disorder required under subparagraph (B) or (C) of that the commencement of the research program, the (PTSD). paragraph, that the member was not subjected Secretary shall submit to the Committees on (6) Such other measurements of outcomes or or exposed to operational risk factors during de- Armed Services of the Senate and the House of progress of members through the Warriors in ployment in the contingency operation con- Representatives a report on the research pro- Transition programs as such Secretary considers cerned; or gram, including a description of the research appropriate. ‘‘(C) in the case of any assessment otherwise program, the community partners participating (e) PERSONALLY IDENTIFIABLE INFORMATION.— required under that paragraph, that providing in the research program, the activities carried Data collected under this section shall be treat- such assessment to the member during the other- out, the number of members of the National ed in compliance with the provisions of section wise applicable time period under such para- Guard and Reserves, family members, and care- 552a of title 5, United States Code (commonly re- graph would remove the member from forward givers supported by community partners, and a ferred to as the ‘‘Privacy Act’’). deployment or would put members or oper- description and assessment of the effectiveness ational objectives at risk.’’. and achievements of the research program. (f) SUNSET.—No report is required under this section after September 30, 2017. Subtitle D—Reports and Other Matters Subtitle C—Health Care Administration (g) WARRIORS IN TRANSITION PROGRAM DE- SEC. 721. CLARIFICATION OF APPLICABILITY OF SEC. 731. REPORTS ON PERFORMANCE DATA ON FINED.—In this section, the term ‘‘Warriors in CERTAIN AUTHORITY AND REQUIRE- WARRIORS IN TRANSITION PRO- Transition program’’ means any major support MENTS TO SUBCONTRACTORS EM- GRAMS. program of the Armed Forces for members of the PLOYED TO PROVIDE HEALTH CARE (a) REPORTS.—Not later than 180 days after Armed Forces with severe wounds, illnesses, or SERVICES TO THE DEPARTMENT OF the date of the enactment of this Act, and every DEFENSE. injuries that is intended to provide such mem- 180 days thereafter, each Secretary of a military bers with non-medical case management service (a) APPLICABILITY OF FEDERAL TORT CLAIMS department shall submit to Congress a report on ACT TO SUBCONTRACTORS.—Section 1089(a) of and care coordination services, and includes the data on the performance of the military depart- programs as follows: title 10, United States Code, is amended in the ment in addressing the care, management and (1) Warrior Transition Units and the Wound- last sentence— transition needs of members of the Armed Forces ed Warrior Program of the Army. (1) by striking ‘‘if the physician, dentist, under the jurisdiction of such Secretary who (2) The Safe Harbor program of the Navy. nurse, pharmacist, or paramedical’’ and insert- participate in a Warriors in Transition program (3) The Wounded Warrior Regiment of the ing ‘‘to such a physician, dentist, nurse, phar- under the jurisdiction of such Secretary with re- Marine Corps. macist, or paramedical’’; spect to the following: (2) by striking ‘‘involved is’’; and (1) Physical health. (4) The Recovery Care Program and the (3) by inserting before the period at the end (2) Mental and behavioral health. Wounded Warrior programs of the Air Force. the following: ‘‘or a subcontract at any tier (3) Educational and vocational aptitude and (5) The Care Coalition of the United States under such a contract that is authorized in ac- capabilities. Special Operations Command. cordance with the requirements of such section (4) Such other matters as such Secretary con- SEC. 732. REPORT ON DEPARTMENT OF DEFENSE 1091’’. siders appropriate. SUPPORT OF MEMBERS OF THE (b) APPLICABILITY OF PERSONAL SERVICES (b) COMMON METHODOLOGY.—The Secretaries ARMED FORCES WHO EXPERIENCE CONTRACTING AUTHORITY TO SUBCONTRAC- shall report not fewer than five outcome meas- TRAUMATIC INJURY AS A RESULT OF VACCINATIONS REQUIRED BY THE TORS.—Section 1091(c) of such title is amended ures for each of the areas set forth in subsection DEPARTMENT. by adding at the end the following new para- (a) using a common methodology developed by (a) REPORT.—Not later than 180 days after the graph: the Secretaries and approved by the Secretary of date of the enactment of this Act, the Secretary ‘‘(3) The procedures established under para- Defense for purposes of this section. of Defense shall, in consultation with the Secre- graph (1) may provide for a contracting officer (c) LONGITUDINAL DATA.—The occasions for taries of the military departments, submit to the to authorize a contractor to enter into a sub- collecting data on a member participating in a Committees on Armed Services of the Senate and contract for personal services on behalf of the Warriors in Transition program for purposes of the House of Representatives a report setting agency upon a determination that the sub- reports under subsection (a) shall be as follows: forth the results of a comprehensive review (con- contract is— (1) When the member commences participation ducted for purposes of the report) of the ade- ‘‘(A) consistent with the requirements of this in the program. quacy and effectiveness of the policies, proce- section and the procedures established under (2) At least once each year the member partici- dures, and systems of the Department of De- paragraph (1); and pates in the program. fense in providing support to members of the ‘‘(B) in the best interests of the agency.’’. (3) When the member ceases participation in the program (whether for return to military Armed Forces who experience traumatic injury SEC. 722. RESEARCH PROGRAM TO ENHANCE DE- as a result of a vaccination required by the De- PARTMENT OF DEFENSE EFFORTS duty or to civilian life). ON MENTAL HEALTH IN THE NA- (4) With the consent of the member, one year partment. TIONAL GUARD AND RESERVES after the member ceases participation in the pro- (b) ELEMENTS.—The report required by sub- THROUGH COMMUNITY PARTNER- gram as described in paragraph (3). section (a) shall include the following: SHIPS. (d) ELEMENTS.—Each report under subsection (1) The number and nature of traumatic inju- (a) RESEARCH PROGRAM AUTHORIZED.—The (a) shall include an assessment by the Secretary ries incurred by members of the Armed Forces as Secretary of Defense may carry out a research of the military department concerned of the fol- a result of a vaccination required by the Depart- program to assess the feasibility and advisability lowing with respect to the Warriors in Transi- ment of Defense each year since January 1, of enhancing the efforts of the Department of tion programs covered by such report: 2001, set forth by aggregate in each year and by Defense in research, treatment, education, and (1) The progress of members participating in military department in each year. outreach on mental health and substance use the Warriors in Transition programs in the (2) Such recommendations as the Secretary of disorders and Traumatic Brain Injury (TBI) in areas specified in subsection (a). Defense considers appropriate for improvements

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00074 Fmt 4624 Sfmt 6333 E:\CR\FM\A12DE6.041 S12DEPT1 tjames on DSK6SPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — SENATE S7827 to the policies, procedures, and systems (includ- care providers, professional counselors, family (1) To raise awareness among members of the ing tracking systems) of the Department to iden- service or support centers, chaplains, and other Armed Forces about mental health conditions tify members of the Armed Forces who experi- appropriate resources of the Department of De- and the stigma associated with mental health ence traumatic injury as a result of a vaccina- fense and the Department of Veterans Affairs. conditions and mental health care. tion required by the Department. SEC. 736. PRESCRIPTION DRUG TAKE-BACK PRO- (2) To provide members of the Armed Forces (3) Such recommendations as the Secretary of GRAM FOR MEMBERS OF THE ARMED generally, members of the Armed Forces in su- Defense considers appropriate for improvements FORCES AND THEIR DEPENDENTS. pervisory positions (including officers in com- to the policies, procedures, and systems of the (a) PROGRAM REQUIRED.—The Secretary of mand billets and non-commissioned officers), Department to support members of the Armed Defense and the Attorney General shall jointly and medical personnel of the Armed Forces and Forces who experience traumatic injury as a re- carry out a program (commonly referred to as a the Department of Defense with effective means sult of a vaccination required by the Depart- ‘‘prescription drug take-back program’’) under of identifying members of the Armed Forces who ment. which members of the Armed Forces and de- are at risk for suicide (including enhanced SEC. 733. PLAN TO ELIMINATE GAPS AND pendents of members of the Armed Forces may means for early identification and treatment of REDUNDANCIES IN PROGRAMS OF deliver controlled substances to such facilities as such members). THE DEPARTMENT OF DEFENSE ON may be jointly determined by the Secretary of (3) To provide members of the Armed Forces PSYCHOLOGICAL HEALTH AND Defense and the Attorney General to be disposed who are at risk of suicide with continuous ac- TRAUMATIC BRAIN INJURY AMONG of in accordance with section 302(g) of the Con- MEMBERS OF THE ARMED FORCES. cess to suicide prevention services, including trolled Substances Act (21 U.S.C. 822(g)). (a) PLAN REQUIRED.— suicide crisis services. ROGRAM LEMENTS (1) IN GENERAL.—Not later than 180 days after (b) P E .—The program re- (4) To evaluate and assess the effectiveness of the date of the enactment of this Act, the Sec- quired by subsection (a) shall provide for the the suicide prevention and resilience programs retary of Defense shall submit to the Committees following: and preventative behavioral health programs of (1) The delivery of controlled substances on Armed Services of the Senate and the House the Department of Defense (including those of under the program to such members of the of Representatives a plan to streamline the pro- the military departments and the Armed Armed Forces, medical professionals, and other grams of the Department of Defense that ad- Forces), including the development of metrics employees of the Department of Defense, and to dress psychological health and traumatic brain for that purpose. such other acceptance mechanisms, as the Sec- injury among members of the Armed Forces. (5) To evaluate and assess the current diag- (2) ELEMENTS.—The report required by para- retary and the Attorney General jointly specify nostic tools and treatment methods in the pro- graph (1) shall include the following: for purposes of the program. grams referred to in paragraph (4) in order to (2) Appropriate guidelines and procedures to (A) A complete list of the programs described ensure clinical best practices are used in such prevent the diversion, misuse, theft, or loss of in paragraph (1), including a detailed descrip- programs. controlled substances delivered under the pro- tion of the intended function of each such pro- (6) To ensure that the programs referred to in gram. gram. paragraph (4) incorporate evidenced-based prac- (B) An identification of any gaps in services Subtitle E—Mental Health Care Matters tices when available. and treatments in the programs listed under SEC. 751. ENHANCEMENT OF OVERSIGHT AND (7) To provide for the training of mental subparagraph (A) MANAGEMENT OF DEPARTMENT OF health care providers on evidence-based thera- (C) An identification of any redundancies in DEFENSE SUICIDE PREVENTION AND pies in connection with suicide prevention. RESILIENCE PROGRAMS. the programs listed under subparagraph (A). (8) To establish training standards for behav- (D) A plan for mitigating the gaps identified (a) IN GENERAL.—The Secretary of Defense ioral health care providers in order to ensure under subparagraph (B) and for eliminating the shall, acting through the Under Secretary of that such providers receive training on clinical redundancies identified under subparagraph Defense for Personnel and Readiness, establish best practices and evidence-based treatments as (C). within the Office of the Secretary of Defense a information on such practices and treatments (E) An identification of the individual in the position with responsibility for oversight and becomes available, and to ensure such standards Department who will be responsible for leading management of all suicide prevention and resil- are met. implementation of the plan required by para- ience programs and all preventative behavioral (9) To provide for the integration of mental graph (1). health programs of the Department of Defense health screenings and suicide risk and preven- (F) A schedule for the implementation of the (including those of the military departments and tion for members of the Armed Forces into the plan. the Armed Forces). delivery of primary care for such members. (b) STATUS REPORT.—Not later than one year (b) SCOPE OF RESPONSIBILITIES.—The indi- after the date of the enactment of this Act, the vidual serving in the position established pursu- (10) To ensure appropriate responses to at- Secretary shall submit to the Committees on ant to subsection (a) shall have the responsibil- tempted or completed suicides among members of Armed Services of the Senate and the House of ities as follows: the Armed Forces, including guidance and Representatives a report on the status of the im- (1) To establish a uniform definition of resil- training to assist commanders in addressing in- plementation of the plan required by subsection iency for use in the suicide prevention and resil- cidents of attempted or completed suicide within (a). ience programs and preventative behavioral their units. SEC. 734. REPORT ON IMPLEMENTATION OF REC- health programs of the Department of Defense (11) To ensure the protection of the privacy of OMMENDATIONS OF THE COMP- (including those of the military departments and members of the Armed Forces seeking or receiv- TROLLER GENERAL OF THE UNITED the Armed Forces). ing treatment relating to suicide. STATES ON PREVENTION OF HEAR- (2) In consultation with the National Center (12) Such other matters as the Secretary of ING LOSS AMONG MEMBERS OF THE for Post Traumatic Stress Disorder of the De- Defense considers appropriate in connection ARMED FORCES. with the prevention of suicide among members Not later than 180 days after the date of the partment of Veterans Affairs and other appro- of the Armed Forces. enactment of this Act, the Secretary of Defense priate public and private agencies and entities, (c) CONSULTATION.—In developing and imple- shall submit to the Committees on Armed Serv- to require the use of clinical best practices in menting the comprehensive program required by ices of the Senate and the House of Representa- mental health care, suicide prevention pro- subsection (a), the Under Secretary shall con- tives a report on the implementation of the rec- grams, and resilience programs of the Depart- sult with appropriate officials and elements of ommendations of the Comptroller General of the ment of Defense, including the diagnosis and the Department of Defense, appropriate centers United States in the January 2011 report of the treatment of behavioral health disorders. of excellence within the Department of Defense, Comptroller General entitled ‘‘Hearing Loss Pre- (3) To oversee and manage the comprehensive and other public and private entities with exper- vention: Improvements to DOD Hearing Con- program on the prevention of suicide among tise in mental health and suicide prevention. servation Programs Could Lead to Better Out- members of the Armed Forces required by section (d) IMPLEMENTATION BY THE ARMED comes’’ that address prevention of hearing loss, 752. FORCES.—In implementing the comprehensive abatement of hearing loss, data collection re- SEC. 752. COMPREHENSIVE PROGRAM ON PRE- program required by subsection (a) with respect garding hearing loss, and the need for a new VENTION OF SUICIDE AMONG MEM- BERS OF THE ARMED FORCES. to an Armed Force, the Secretary of the military interagency data sharing system so that suffi- (a) COMPREHENSIVE PROGRAM REQUIRED.— department concerned may, in consultation with cient information is available to address and The Secretary of Defense shall, acting through the Under Secretary and with the approval of track hearing injuries and loss. the Under Secretary of Defense for Personnel the Secretary of Defense, modify particular ele- SEC. 735. SENSE OF SENATE ON MENTAL HEALTH and Readiness, develop and implement within ments of the program in order to adapt the pro- COUNSELORS FOR MEMBERS OF THE ARMED FORCES, VETERANS, AND the Department of Defense a comprehensive program appropriately to the unique culture and THEIR FAMILIES. gram on the prevention of suicide among mem- elements of that Armed Force. It is the sense of the Senate that— bers of the Armed Forces. In developing the pro- (e) QUALITY ASSURANCE.—In developing and (1) the Secretary of Defense and the Secretary gram, the Secretary shall consider recommenda- implementing the comprehensive program re- of Veterans Affairs should develop a plan to en- tions from the operational elements of the quired by subsection (a), the Under Secretary sure a sustainable flow of qualified counselors Armed Forces regarding the feasibility of the im- shall develop and implement appropriate mecha- to meet the long-term needs of members of the plementation and execution of particular ele- nisms to provide for the oversight and manage- Armed Forces, veterans, and their families for ments of the program. ment of the program, including quality measures counselors; and (b) ELEMENTS.—The comprehensive program to assess the efficacy of the program in pre- (2) the plan should include the participation required by subsection (a) shall include elements venting suicide among members of the Armed of accredited schools and universities, health to achieve the following: Forces.

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SEC. 753. QUALITY REVIEW OF MEDICAL EVALUA- (c) DEFINITIONS.—In this section: (b) RESPONSIBILITIES.—The organization es- TION BOARDS, PHYSICAL EVALUA- (1) The term ‘‘covered beneficiaries’’ has the tablished under subsection (a) shall— TION BOARDS, AND PHYSICAL EVAL- meaning given that term in section 1072(5) of (1) carry out programs and activities designed UATION BOARD LIAISON OFFICERS. title 10, United States Code. to provide for the translation of research on the (a) IN GENERAL.—The Secretary of Defense (2) The term ‘‘TRICARE program’’ has the diagnosis and treatment of mental health condi- shall standardize, assess, and monitor the qual- meaning given that term in section 1072(7) of tions into policy on medical practices; ity assurance programs of the military depart- title 10, United States Code. (2) make recommendations to the Assistant ments to evaluate the following in the perform- SEC. 755. SHARING BETWEEN DEPARTMENT OF Secretary of Defense for Health Affairs on the ance of their duties (including duties under DEFENSE AND DEPARTMENT OF VET- translation of such research into the policies of chapter 61 of title 10, United States Code): ERANS AFFAIRS OF RECORDS AND the Department of Defense on medical practices (1) Medical Evaluation Boards (MEBs). INFORMATION RETAINED UNDER with respect to members of the Armed Forces; (2) Physical Evaluation Boards (PEBs). THE MEDICAL TRACKING SYSTEM FOR MEMBERS OF THE ARMED and (3) Physical Evaluation Board Liaison Offi- (3) discharge such other responsibilities relat- cers (PEBLOs). FORCES DEPLOYED OVERSEAS. (a) IN GENERAL.—The Secretary of Defense ing to research and medical practices on mental (b) OBJECTIVES.—The objectives of the quality health conditions, and the policies of the De- assurance program shall be as follows: and the Secretary of Veterans Affairs shall jointly enter into a memorandum of under- partment on such practices with respect to mem- (1) To ensure accuracy and consistency in the bers of the Armed Forces, as the Secretary or the determinations and decisions of Medical Eval- standing providing for the sharing by the De- partment of Defense with the Department of Assistant Secretary shall specify for purposes of uation Boards and Physical Evaluation Boards. this section. (2) To otherwise monitor and sustain proper Veterans Affairs of the results of examinations and other records on members of the Armed (c) REPORTS.— performance of the duties of Medical Evaluation (1) INITIAL REPORT.—Not later than 120 days Boards and Physical Evaluation Boards, and of Forces that are retained and maintained with respect to the medical tracking system for mem- after the date of the enactment of this Act, the Physical Evaluation Board Liaison Officers. Secretary shall submit to Congress a report on (3) Such other objectives as the Secretary shall bers deployed overseas under section 1074f(c) of title 10, United States Code. the organization required by subsection (a). The specify for purposes of the quality assurance report shall include a description of the organi- program. (b) CESSATION UPON IMPLEMENTATION OF ELECTRONIC HEALTH RECORD.—The sharing re- zation and a plan for implementing the require- (c) REPORTS.— ments of this section. (1) REPORT ON IMPLEMENTATION.—Not later quired pursuant to subsection (a) shall cease on the date on which the Secretary of Defense and (2) ANNUAL REPORTS.—The Secretary shall than 180 days after the date of the enactment of submit to Congress each year a report on the ac- this Act, the Secretary shall submit to the ap- the Secretary of Veterans Affairs jointly certify to Congress that the Secretaries have fully im- tivities of the organization established under propriate committees of Congress a report set- subsection (a) during the preceding year. Each ting forth the plan of the Secretary for the implemented an integrated electronic health record for members of the Armed Forces that is fully report shall include the following: plementation of the requirements of this section. (A) A summary description of the activities of (2) ANNUAL REPORTS.—Not later than one year interoperable between the Department of De- fense and the Department of Veterans Affairs. the organization during the preceding year. after the date of the submittal of the report re- (B) A description of the recommendations quired by paragraph (1), and annually there- SEC. 756. PARTICIPATION OF MEMBERS OF THE made by the organization to the Assistant Sec- ARMED FORCES IN PEER SUPPORT after for the next four years, the Secretary shall retary under subsection (b)(2) during the year, submit to the appropriate committees of Con- COUNSELING PROGRAMS OF THE DE- PARTMENT OF VETERANS AFFAIRS. and a description of the actions undertaken (or gress a report setting forth an assessment of the (a) PARTICIPATION.— to be undertaken) by the Assistant Secretary in implementation of the requirements of this sec- (1) IN GENERAL.—The Secretary of Defense response to such recommendations. tion during the one-year period ending on the and the Secretary of Veterans Affairs shall (C) Such other matters relating to the activi- date of the report under this paragraph. Each jointly enter into a memorandum of under- ties of the organization, including recommenda- report shall include, in particular, an assess- standing providing for members of the Armed tions for additional legislative or administrative ment of the extent to which the quality assur- Forces described in subsection (b) to volunteer action, as the Secretary, in consultation with ance program under the requirements of this or be considered for employment as peer coun- the Assistant Secretary, considers appropriate. section meets the objectives specified in sub- selors under the following: SEC. 758. DISPOSAL OF CONTROLLED SUB- section (b). (A) The peer support counseling program car- STANCES. (3) APPROPRIATE COMMITTEES OF CONGRESS ried out by the Secretary of Veterans Affairs (a) MEMBERS OF THE ARMED FORCES.—The DEFINED.—In this subsection, the term ‘‘appro- under subsection (j) of section 1720F of title 38, Administrator of the Drug Enforcement Admin- priate committees of Congress’’ means— United States Code, as part of the comprehen- istration shall enter into a memorandum of un- (A) the Committee on Armed Services and the sive program for suicide prevention among vet- derstanding with the Secretary of Defense estab- Committee on Veterans’ Affairs of the Senate; erans under subsection (a) of such section. lishing procedures under which a member of the and (B) The peer support counseling program car- Armed Forces may deliver a controlled sub- (B) the Committee on Armed Services and the ried out by the Secretary of Veterans Affairs stance to a member of the Armed Forces or an Committee on Veterans’ Affairs of the House of under section 304(a)(1) of the Caregivers and employee of the Department of Defense to be Representatives. Veterans Omnibus Health Services Act of 2010 disposed of in accordance with section 302(g) of SEC. 754. ASSESSMENT OF ADEQUACY OF MENTAL (Public Law 111–163; 124 Stat. 1150; 38 U.S.C. the Controlled Substances Act (21 U.S.C. 822(g)). HEALTH CARE BENEFITS UNDER 1712A note). (b) VETERANS.— THE TRICARE PROGRAM. (2) TRAINING.—Any member participating in a (1) IN GENERAL.—The Administrator shall (a) INDEPENDENT ASSESSMENT REQUIRED.—Not peer support counseling program under para- enter into a memorandum of understanding later than 180 days after the date of the enact- graph (1) shall receive the training for peer with the Secretary of Veterans Affairs estab- ment of this Act, the Secretary of Defense shall, counselors under section 1720F(j)(2) of title 38, lishing procedures under which a veteran may in consultation with the Secretary of Health United States Code, or section 304(c) of the deliver a controlled substance to an employee of and Human Services, enter into a contract with Caregivers and Veterans Omnibus Health Serv- the Department of Veterans Affairs to be dis- an appropriate independent entity to assess ices Act of 2010, as applicable, before performing posed of in accordance with section 302(g) of the whether the mental health care benefits avail- peer support counseling duties under such pro- Controlled Substances Act. able for members of the Armed Forces and other gram. (2) VETERAN DEFINED.—In this subsection, the covered beneficiaries under the TRICARE pro- (b) COVERED MEMBERS.—Members of the term ‘‘veteran’’ has the meaning given that term gram are adequate to meet the needs of such Armed Forces described in this subsection are in section 101 of title 38, United States Code. members and beneficiaries for mental health the following: SEC. 759. TRANSPARENCY OF MENTAL HEALTH care. (1) Members of the reserve components of the CARE SERVICES. (b) REPORT.—The contract required by sub- Armed Forces who are demobilizing after de- (a) MEASUREMENT OF MENTAL HEALTH CARE section (a) shall require the entity conducting ployment in a theater of combat operations, in- SERVICES.— the assessment required by the contract to sub- cluding, in particular, members who partici- (1) IN GENERAL.—Not later than December 31, mit to the Secretary of Defense, and to the con- pated in combat against the enemy while so de- 2013, the Secretary of Veterans Affairs shall de- gressional defense committees, a report setting ployed. velop and implement a comprehensive set of forth the results of the assessment by not later (2) Members of the regular components of the measures to assess mental health care services than 180 days after the date of entry into the Armed Forces separating from active duty who furnished by the Department of Veterans Af- contract. If the entity determines pursuant to have been deployed in a theater of combat oper- fairs. the assessment that the mental health care ben- ations in which such members participated in (2) ELEMENTS.—The measures developed and efits available for members of the Armed Forces combat against the enemy. implemented under paragraph (1) shall provide and other covered beneficiaries under the SEC. 757. RESEARCH AND MEDICAL PRACTICE ON an accurate and comprehensive assessment of TRICARE program are not adequate to meet the MENTAL HEALTH CONDITIONS. the following: needs of such members and beneficiaries for (a) DEPARTMENT OF DEFENSE ORGANIZATION (A) The timeliness of the furnishing of mental mental health care, the report shall include ON RESEARCH AND PRACTICE.—The Secretary of health care by the Department. such recommendations for legislative or adminis- Defense shall establish within the Department (B) The satisfaction of patients who receive trative action as the entity considers appro- of Defense an organization to carry out the re- mental health care services furnished by the De- priate to remediate any identified inadequacy. sponsibilities specified in subsection (b). partment.

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00076 Fmt 4624 Sfmt 6333 E:\CR\FM\A12DE6.041 S12DEPT1 tjames on DSK6SPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — SENATE S7829 (C) The capacity of the Department to furnish Veterans Health Administration and at least (D) The number of current vacancies in men- mental health care. two former employees of the Veterans Health tal health care provider positions in the Depart- (D) The availability and furnishing of evi- Administration who were providers of mental ment. dence-based therapies by the Department. health care. (E) An assessment of how many additional po- (b) GUIDELINES FOR STAFFING MENTAL (4) PERIODIC REPORTS TO SECRETARY.—In en- sitions are needed to meet current or expected HEALTH CARE SERVICES.—Not later than Decem- tering into the contract described in paragraph demand for mental health services furnished by ber 31, 2013, the Secretary shall develop and im- (1), the Secretary shall, with respect to para- the Department. plement guidelines for the staffing of general graph (1)(A), include in such contract a provi- SEC. 760. EXPANSION OF VET CENTER PROGRAM and specialty mental health care services, in- sion for the submittal to the Secretary of peri- TO INCLUDE FURNISHING COUN- cluding at community-based outpatient clinics. odic reports and provision of other consultation SELING TO CERTAIN MEMBERS OF Such guidelines shall include productivity to the Secretary by the study committee to assist THE ARMED FORCES AND THEIR standards for providers of mental health care. the Secretary in carrying out subsections (a) FAMILY MEMBERS. (c) STUDY COMMITTEE.— and (b). Section 1712A of title 38, United States Code, (1) IN GENERAL.—The Secretary shall seek to (5) REPORTS TO CONGRESS.—Not later than 30 is amended— enter into a contract with the National Acad- days after receiving a report under paragraph (1) in subsection (a)— emy of Sciences to create a study committee— (4), the Secretary shall submit to the Committee (A) in paragraph (1)— (i) in subparagraph (A), by striking ‘‘Upon (A) to consult with the Secretary on the Sec- on Veterans’ Affairs of the Senate and the Com- the request’’ and all that follows through the retary’s development and implementation of the mittee on Veterans’ Affairs of the House of Rep- period at the end and inserting the following: measures and guidelines required by subsections resentatives a report on the plans of the Sec- ‘‘Upon the request of any individual referred to (a) and (b); and retary to implement such recommendations sub- (B) to conduct an assessment and provide an mitted to the Secretary by the study committee in subparagraph (C), the Secretary shall furnish analysis and recommendations on the state of as the Secretary considers appropriate. Such re- counseling, including by furnishing counseling Department mental health services. port shall include a description of each rec- through a Vet Center, to the individual— ‘‘(i) in the case of an individual referred to in (2) FUNCTIONS.—In entering into the contract ommendation submitted to the Secretary that described in paragraph (1), the Secretary shall, the Secretary does not plan to carry out and an clauses (i) through (iv) of subparagraph (C), to with respect to paragraph (1)(B), include in explanation of why the Secretary does not plan assist the individual in readjusting to civilian such contract a provision for the study com- to carry out such recommendation. life; and ‘‘(ii) in the case of an individual referred to in mittee— (d) PUBLICATION.— clause (v) of such subparagraph who is a family (A) to conduct a comprehensive assessment of (1) IN GENERAL.—The Secretary shall make member of a veteran or member described in barriers to access to mental health care by vet- available to the public on an Internet website of such clause— erans who served in the Armed Forces in Oper- the Department the following: (A) The measures and guidelines developed ‘‘(I) in the case of a member who is deployed ation Enduring Freedom, Operation Iraqi Free- and implemented under this section. in a theater of combat operations or an area at dom, or Operation New Dawn; (B) An assessment of the performance of the a time during which hostilities are occurring in (B) to assess the quality of the mental health Department using such measures and guide- that area, during such deployment to assist care being provided to such veterans (including lines. such individual in coping with such deploy- the extent to which veterans are afforded (2) QUARTERLY UPDATES.—The Secretary shall ment; and choices with respect to modes of treatment) update the measures, guidelines, and assessment ‘‘(II) in the case of a veteran or member who through site visits to facilities of the Veterans made available to the public under paragraph is readjusting to civilian life, to the degree that Health Administration (including at least one (1) not less frequently than quarterly. counseling furnished to such individual is found site visit in each Veterans Integrated Service (e) SEMIANNUAL REPORTS.— to aid in the readjustment of such veteran or Network), evaluating studies of patient out- (1) IN GENERAL.—Not later than June 30, 2013, member to civilian life.’’; and comes, and other appropriate means; and not less frequently than twice each year (ii) by striking subparagraph (B) and insert- (C) to assess whether, and the extent to thereafter, the Secretary shall submit to the ing the following new subparagraphs: which, veterans who served in the Armed Forces Committee on Veterans’ Affairs of the Senate ‘‘(B) Counseling furnished to an individual in Operation Enduring Freedom, Operation and the Committee on Veterans’ Affairs of the under subparagraph (A) may include a com- Iraqi Freedom, or Operation New Dawn are House of Representatives a report on the Sec- prehensive individual assessment of the individ- being offered a full range of necessary mental retary’s progress in developing and imple- ual’s psychological, social, and other character- health services at Department health care facili- menting the measures and guidelines required istics to ascertain whether— ties, including early intervention services for by this section. ‘‘(i) in the case of an individual referred to in hazardous drinking, relationship problems, and (2) ELEMENTS.—Each report submitted under clauses (i) through (iv) of subparagraph (C), other behaviors that create a risk for the devel- paragraph (1) shall include the following: such individual has difficulties associated with opment of a chronic mental health condition; (A) A description of the development and im- readjusting to civilian life; and (D) to conduct surveys or have access to De- plementation of the measures required by sub- ‘‘(ii) in the case of an individual referred to in partment-administered surveys of— section (a) and the guidelines required by subclause (v) of such subparagraph, such indi- (i) providers of Department mental health section (b). vidual has difficulties associated with— services; (B) A description of the progress made by the ‘‘(I) coping with the deployment of a member (ii) veterans who served in the Armed Forces Secretary in developing and implementing such described in subclause (I) of such clause; or in Operation Enduring Freedom, Operation measures and guidelines. ‘‘(II) readjustment to civilian life of a veteran Iraqi Freedom, or Operation New Dawn who are (C) An assessment of the mental health care or member described in subclause (II) of such services furnished by the Department of Vet- receiving mental health care furnished by the clause. Department; and erans Affairs, using the measures developed and ‘‘(C) Subparagraph (A) applies to the fol- (iii) eligible veterans who served in the Armed implemented under subsection (a). lowing individuals: Forces in Operation Enduring Freedom, Oper- (D) An assessment of the effectiveness of the ‘‘(i) Any individual who is a veteran or mem- ation Iraqi Freedom, or Operation New Dawn guidelines developed and implemented under ber of the Armed Forces, including a member of subsection (b). who are not using Department health care serv- a reserve component of the Armed Forces, who (E) Such recommendations for legislative or ices to assess those barriers described in sub- served on active duty in a theater of combat op- administrative action as the Secretary may have paragraph (A); and erations or an area at a time during which hos- to improve the effectiveness and efficiency of the (E) to provide to the Secretary, on the basis of tilities occurred in that area. mental health care services furnished under its assessments as delineated in subparagraphs ‘‘(ii) Any individual who is a veteran or mem- laws administered by the Secretary. (A) through (C), specific, detailed recommenda- ber of the Armed Forces, including a member of (f) IMPLEMENTATION REPORT.— tions— (1) IN GENERAL.—Not later than 30 days before a reserve component of the Armed Forces, who (i) for overcoming barriers, and improving ac- the date on which the Secretary begins imple- provided direct emergency medical or mental cess, to timely, effective mental health care at menting the measures and guidelines required health care, or mortuary services to the causal- Department health care facilities (or, where De- by this section, the Secretary shall submit to the ities of combat operations or hostilities, but who partment facilities cannot provide such care, committees described in subsection (e)(1) a re- at the time was located outside the theater of through contract arrangements under existing port on the Secretary’s planned implementation combat operations or area of hostilities. law); and of such measures and guidelines. ‘‘(iii) Any individual who is a veteran or mem- (ii) to improve the effectiveness and efficiency (2) ELEMENTS.—The report required by para- ber of the Armed Forces, including a member of of mental health services furnished by the Sec- graph (1) shall include the following: a reserve component of the Armed Forces, who retary. (A) A detailed description of the measures and engaged in combat with an enemy of the United (3) PARTICIPATION BY FORMER OFFICIALS AND guidelines that the Secretary plans to implement States or against an opposing military force in EMPLOYEES OF VETERANS HEALTH ADMINISTRA- under this section. a theater of combat operations or an area at a TION.—The Secretary shall ensure that any con- (B) A description of the rationale for each time during which hostilities occurred in that tract entered into under paragraph (1) provides measure and guideline the Secretary plans to area by remotely controlling an unmanned aer- for inclusion on any subcommittee which par- implement under this section. ial vehicle, notwithstanding whether the phys- ticipates in conducting the assessments and for- (C) A discussion of each measure and guide- ical location of such veteran or member during mulating the recommendations provided for in line that the Secretary considered under this such combat was within such theater of combat paragraph (2) at least one former official of the section but chose not to implement. operations or area.

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00077 Fmt 4624 Sfmt 6333 E:\CR\FM\A12DE6.041 S12DEPT1 tjames on DSK6SPTVN1PROD with S7830 CONGRESSIONAL RECORD — SENATE December 12, 2012 ‘‘(iv) Any individual who received counseling Code) through Department of Veterans Affairs through the Veterans Equitable Resource Allo- under this section before the date of the enact- medical facilities, telemental health modalities, cation system. ment of the National Defense Authorization Act and such community, nonprofit, private, and ‘‘(3) In each budget request submitted for the for Fiscal Year 2013. other third parties as the Secretary considers Department of Veterans Affairs by the President ‘‘(v) Any individual who is a family member of appropriate. to Congress under section 1105 of title 31, the any— (b) LIMITATION.—The Secretary may furnish budget request for the Readjustment Counseling ‘‘(I) member of the Armed Forces, including a mental health care under subsection (a) only to Service shall be listed separately. member of a reserve component of the Armed the extent that resources and facilities are avail- ‘‘(e) ANNUAL REPORT.—(1) Not later than Forces, who is serving on active duty in a the- able and only to the extent that the furnishing March 15 of each year, the Secretary shall sub- ater of combat operations or in an area at a time of such care does not interfere with the provi- mit to the Committee on Veterans’ Affairs of the during which hostilities are occurring in that sion of care to veterans. Senate and the Committee on Veterans’ Affairs area; or (c) NO ELIGIBILITY FOR TRAVEL REIMBURSE- of the House of Representatives a report on the ‘‘(II) veteran or member of the Armed Forces MENT.—A family member to whom the Secretary activities of the Readjustment Counseling Serv- described in this subparagraph.’’; furnishes mental health care under subsection ice during the preceding calendar year. (B) by striking paragraph (2); (a) shall not be eligible for payments or allow- ‘‘(2) Each report submitted under paragraph (C) by redesignating paragraph (3) as para- ances under section 111 of title 38, United States (1) shall include, with respect to the period cov- graph (2); and Code, for such mental health care. ered by the report, the following: (D) in paragraph (2), as redesignated by sub- (d) SUNSET.—The authority to furnish medical ‘‘(A) A summary of the activities of the Read- paragraph (C)— health care under subsection (a) shall expire on justment Counseling Service, including Vet Cen- (i) by striking ‘‘a veteran described in para- the date that is three years after the date of the ters. graph (1)(B)(iii)’’ and inserting ‘‘an individual enactment of this Act. ‘‘(B) A description of the workload and addi- described in paragraph (1)(C)’’; and (e) VET CENTER DEFINED.—In this section, the tional treatment capacity of the Vet Centers, in- (ii) by striking ‘‘the veteran a preliminary term ‘‘Vet Center’’ has the meaning given the cluding, for each Vet Center, the ratio of the general mental health assessment’’ and insert- term in section 1712A(g) of title 38, United States number of full-time equivalent employees at ing ‘‘the individual a comprehensive individual Code, as amended by section 760(3) of this Act. such Vet Center and the number of individuals assessment as described in paragraph (1)(B)’’; SEC. 762. ORGANIZATION OF THE READJUST- who received services or assistance at such Vet (2) in subsection (b)(1), by striking ‘‘physician MENT COUNSELING SERVICE IN DE- Center. or psychologist’’ each place it appears and in- PARTMENT OF VETERANS AFFAIRS. ‘‘(C) A detailed analysis of demand for and serting ‘‘licensed or certified mental health care (a) IN GENERAL.—Subchapter I of chapter 73 unmet need for readjustment counseling services provider’’; of title 38, United States Code, is amended by and the Secretary’s plan for meeting such unmet (3) in subsection (g)— adding at the end the following new section: need. (A) by amending paragraph (1) to read as fol- ‘‘§ 7309. Readjustment Counseling Service ‘‘(f) VET CENTER DEFINED.—In this section, lows: the term ‘Vet Center’ has the meaning given the ‘‘(a) IN GENERAL.—There is in the Veterans ‘‘(1) The term ‘Vet Center’ means a facility term in section 1712A(g) of this title.’’. Health Administration a Readjustment Coun- which is operated by the Department for the (b) CLERICAL AMENDMENT.—The table of sec- seling Service. The Readjustment Counseling provision of services under this section and tions at the beginning of chapter 73 of such title Service shall provide readjustment counseling which is situated apart from Department gen- is amended by inserting after the item relating and associated services to individuals in accord- eral health care facilities.’’; and to section 7308 the following new item: ance with section 1712A of this title. (B) by adding at the end the following new ‘‘7309. Readjustment Counseling Service.’’. ‘‘(b) CHIEF OFFICER.—(1) The head of the Re- paragraph: (c) CONFORMING AMENDMENTS.—Section 7305 adjustment Counseling Service shall be the ‘‘(3) The term ‘family member’, with respect to of such title is amended— Chief Officer of the Readjustment Counseling a veteran or member of the Armed Forces, means (1) by redesignating paragraph (7) as para- Service (in this section the ‘Chief Officer’), who an individual who— graph (8); and shall report directly to the Under Secretary for ‘‘(A) is a member of the family of the veteran (2) by inserting after paragraph (6) the fol- Health. or member, including— lowing new paragraph (7): ‘‘(2) The Chief Officer shall be appointed by ‘‘(i) a parent; ‘‘(7) A Readjustment Counseling Service.’’. the Under Secretary for Health from among in- ‘‘(ii) a spouse; SEC. 763. RECRUITING MENTAL HEALTH PRO- dividuals who— ‘‘(iii) a child; VIDERS FOR FURNISHING OF MEN- ‘‘(A)(i) are psychologists who hold a diploma ‘‘(iv) a step-family member; and TAL HEALTH SERVICES ON BEHALF as a doctorate in clinical or counseling psy- ‘‘(v) an extended family member; or OF THE DEPARTMENT OF VETERANS chology from an authority approved by the AFFAIRS WITHOUT COMPENSATION ‘‘(B) lives with the veteran or member but is American Psychological Association and who FROM THE DEPARTMENT. not a member of the family of the veteran or have successfully undergone an internship ap- (a) IN GENERAL.—The Secretary of Veterans member.’’; and proved by that association; Affairs shall carry out a national program of (4) by redesignating subsection (g), as amend- ‘‘(ii) are holders of a master in social work de- outreach to societies, community organizations, ed by paragraph (3), as subsection (h) and in- gree; or nonprofit organizations, or government entities serting after subsection (f) the following new ‘‘(iii) hold such other advanced degrees rein order to recruit mental health providers, who subsection (g): lated to mental health as the Secretary con- meet the quality standards and requirements of ‘‘(g) In carrying out this section and in fur- siders appropriate; the Department of Veterans Affairs, to provide therance of the Secretary’s responsibility to ‘‘(B) have at least three years of experience mental health services for the Department on a carry out outreach activities under chapter 63 of providing direct counseling services or outreach part-time, without-compensation basis, under this title, the Secretary may provide for and fa- services in the Readjustment Counseling Service; section 7405 of title 38, United States Code. cilitate the participation of personnel employed ‘‘(C) have at least three years of experience (b) PARTNERING WITH AND DEVELOPING COM- by the Secretary to provide services under this administrating direct counseling services or out- MUNITY ENTITIES AND NONPROFIT ORGANIZA- section in recreational programs that are— reach services in the Readjustment Counseling TIONS.—In carrying out the program required by ‘‘(1) designed to encourage the readjustment Service; subsection (a), the Secretary may partner with a of veterans described in subsection (a)(1)(C); ‘‘(D) meet the quality standards and require- community entity or nonprofit organization or and ments of the Department; and assist in the development of a community entity ‘‘(2) operated by any organization named in ‘‘(E) are veterans who served in combat as or nonprofit organization, including by entering or approved under section 5902 of this title.’’. members of the Armed Forces. into an agreement under section 8153 of title 38, SEC. 761. AUTHORITY FOR SECRETARY OF VET- ‘‘(c) STRUCTURE.—(1) The Readjustment United States Code, that provides strategic co- ERANS AFFAIRS TO FURNISH MEN- Counseling Service is a distinct organizational ordination of the societies, organizations, and TAL HEALTH CARE THROUGH FA- government entities described in subsection (a) CILITIES OTHER THAN VET CENTERS element within Veterans Health Administration. TO IMMEDIATE FAMILY MEMBERS OF ‘‘(2) The Readjustment Counseling Service in order to maximize the availability and effi- MEMBERS OF THE ARMED FORCES shall provide counseling and services as de- cient delivery of mental health services to vet- DEPLOYED IN CONNECTION WITH A scribed in subsection (a). erans by such societies, organizations, and gov- CONTINGENCY OPERATION. ‘‘(3) The Chief Officer shall have direct au- ernment entities. (a) IN GENERAL.—Subject to the availability of thority over all Readjustment Counseling Serv- (c) MILITARY CULTURE TRAINING.—In car- appropriations and subsection (b), the Secretary ice staff and assets, including Vet Centers. rying out the program required by subsection of Veterans Affairs, in addition to furnishing ‘‘(d) SOURCE OF FUNDS.—(1) Amounts for the (a), the Secretary shall provide training to men- mental health care to family members of mem- activities of the Readjustment Counseling Serv- tal health providers to ensure that clinicians bers of the Armed Forces through Vet Centers ice, including the operations of its Vet Centers, who provide mental health services as described under section 1712A of title 38, United States shall be derived from amounts appropriated for in such subsection have sufficient under- Code, may furnish mental health care to imme- the Veterans Health Administration for medical standing of military- and service-specific cul- diate family members of members of the Armed care. ture, combat experience, and other factors that Forces while such members are deployed in con- ‘‘(2) Amounts for activities of the Readjust- are unique to the experience of veterans who nection with a contingency operation (as de- ment Counseling Service, including the oper- served in Operation Enduring Freedom, Oper- fined in section 101 of title 10, United States ations of its Vet Centers, shall not be allocated ating Iraqi Freedom, or Operation New Dawn.

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SEC. 764. PEER SUPPORT. (2) SCOPE OF EXCEPTION.—In any case when (2) by redesignating paragraphs (1), (2), and (a) PEER SUPPORT COUNSELING PROGRAM.— the Under Secretary grants an exception under (3) as paragraphs (2), (3), and (4), respectively; (1) PROGRAM REQUIRED.—Paragraph (1) of paragraph (1), the Under Secretary shall take and section 1720F(j) of title 38, United States Code, affirmative steps to make sure that the use of (3) by inserting before paragraph (2), as redes- is amended in the matter before subparagraph cost-type pricing is limited to only those line ignated by paragraph (2) of this subsection, the (A) by striking ‘‘may’’ and inserting ‘‘shall’’. items or portions of the contract where such following new paragraph (1): (2) TRAINING.—Paragraph (2) of such section pricing is needed to achieve the purposes of the ‘‘(1) where appropriate, breaking out a major is amended by inserting after ‘‘peer counselors’’ exception. A written certification under para- subsystem, conducting a separate competition the following: ‘‘, including training carried out graph (1) shall be accompanied by an expla- for the subsystem, and providing the subsystem under the national program of training required nation of the steps taken under this paragraph. to the prime contractor as government-furnished by section 304(c) of the Caregivers and Veterans (c) DEFINITIONS.—In this section: equipment;’’. Omnibus Health Services Act of 2010 (38 U.S.C. (1) MAJOR DEFENSE ACQUISITION PROGRAM.— SEC. 803. MANAGEMENT STRUCTURE FOR DEVEL- 1712A note; Public Law 111–163)’’. The term ‘‘major defense acquisition program’’ OPMENTAL TEST AND EVALUATION. (3) AVAILABILITY OF PROGRAM AT DEPARTMENT has the meaning given the term in section (a) DUTIES OF DASD FOR DEVELOPMENTAL MEDICAL CENTERS.—Such section is amended by 2430(a) of title 10, United States Code. TEST AND EVALUATION.—Subsection (a)(5) of adding at the end the following new paragraph: (2) PRODUCTION OF A MAJOR DEFENSE ACQUISI- section 139b of title 10, United States Code is ‘‘(3) In addition to other locations the Sec- TION PROGRAM.—The term ‘‘production of a amended— retary considers appropriate, the Secretary shall major defense acquisition program’’ means the (1) in subparagraph (A)(i), by striking ‘‘in the carry out the peer support program under this production, either on a low-rate initial produc- Department of Defense’’ and inserting ‘‘of the subsection at each Department medical center.’’. tion or full-rate production basis, and deploy- military departments and other elements of the (4) DEADLINE FOR COMMENCEMENT OF PRO- ment of a major system that is intended to Department of Defense’’; and GRAM.—The Secretary of Veterans Affairs shall achieve an operational capability that satisfies (2) in subparagraph (C), by striking ‘‘pro- ensure that the peer support counseling program mission needs, or any activity otherwise defined grams’’ and inserting ‘‘programs (including the required by section 1720F(j) of title 38, United as Milestone C under Department of Defense In- activities of chief developmental testers and lead States Code, as amended by this subsection, struction 5000.02 or related authorities. developmental test evaluation organizations commences at each Department of Veterans Af- (3) CONTRACT FOR THE PRODUCTION OF A designated in accordance with subsection (c))’’. fairs medical center not later than 270 days MAJOR DEFENSE ACQUISITION PROGRAM.—The (b) DUTIES OF CHIEF DEVELOPMENTAL TESTER after the date of the enactment of this Act. term ‘‘contract for the production of a major de- AND LEAD DEVELOPMENTAL TEST AND EVALUA- (b) PEER OUTREACH AND PEER SUPPORT SERV- fense acquisition program’’— TION ORGANIZATION.—Subsection (c) of such sec- ICES AT DEPARTMENT MEDICAL CENTERS UNDER (A) means a prime contract for the production tion is amended— PROGRAM ON READJUSTMENT AND MENTAL of a major defense acquisition program; and (1) in paragraph (2), by striking ‘‘shall be re- (B) does not include individual line items for HEALTH CARE SERVICES FOR VETERANS WHO sponsible for’’ and inserting ‘‘, consistent with segregable efforts or contracts for the incre- SERVED IN OPERATION ENDURING FREEDOM AND policies and guidance issued pursuant to sub- mental improvement of systems that are already OPERATION IRAQI FREEDOM.— section (a)(5)(A), shall be responsible for’’; in production (other than contracts for major (2) in paragraph (3), by striking ‘‘shall be re- (1) IN GENERAL.—Section 304 of the Caregivers and Veterans Omnibus Health Services Act of upgrades that are themselves major defense ac- sponsible for’’ and inserting ‘‘, consistent with 2010 (38 U.S.C. 1712A note; Public Law 111–163) quisition programs). policies and guidance issued pursuant to sub- (d) APPLICABILITY.—The requirements of this is amended— section (a)(5)(A), shall be responsible for’’; and section shall apply to contracts for the produc- (3) by adding at the end the following new (A) by redesignating subsection (e) as sub- tion of major defense acquisition programs en- paragraph: section (f); and tered into on or after October 1, 2014. ‘‘(4) TRANSMITTAL OF RECORDS AND DATA.— (B) by inserting after subsection (d) the fol- The chief developmental tester and the lead de- lowing new subsection (e): SEC. 802. ACQUISITION STRATEGIES FOR MAJOR SUBSYSTEMS AND SUBASSEMBLIES velopmental test and evaluation organization ‘‘(e) PROVISION OF PEER OUTREACH AND PEER ON MAJOR DEFENSE ACQUISITION for a major defense acquisition program shall SUPPORT SERVICES AT DEPARTMENT MEDICAL PROGRAMS. promptly transmit to the Deputy Assistant Sec- CENTERS.—The Secretary shall carry out the (a) IN GENERAL.—The Secretary of Defense retary for Developmental Test and Evaluation services required by subparagraphs (A) and (B) shall ensure that the acquisition strategy for any records or data relating to the program that of subsection (a)(1) at each Department medical each major defense acquisition program— are requested by the Deputy Assistant Sec- center.’’. (1) provides, where appropriate, for breaking retary, as provided in subsection (a)(6).’’. (2) DEADLINE.—The Secretary of Veterans Af- out a major subsystem or subassembly, con- fairs shall commence carrying out the services SEC. 804. ASSESSMENTS OF POTENTIAL TERMI- ducting a separate competition or negotiating a NATION LIABILITY OF CONTRACTS required by subparagraphs (A) and (B) of sub- separate price for the subsystem or subassembly, FOR THE DEVELOPMENT OR PRO- section (a)(1) of such section at each Depart- and providing the subsystem or subassembly to DUCTION OF MAJOR DEFENSE AC- ment of Veterans Affairs medical center, as re- the prime contractor as government-furnished QUISITION PROGRAMS. quired by subsection (e) of such section (as equipment; and (a) REPORT ON ASSESSMENT REQUIRED.—Not added by paragraph (1)), not later than 270 (2) in any case where it is not practical or ap- later than 30 days before entering into a covered days after the date of the enactment of this Act. propriate to break out a major subsystem or subcontract, the Under Secretary of Defense for Ac- TITLE VIII—ACQUISITION POLICY, ACQUI- assembly and provide it to the prime contractor quisition, Technology, and Logistics shall sub- SITION MANAGEMENT, AND RELATED as government-furnished equipment, includes mit to the congressional defense committees a re- MATTERS measures to prevent excessive pass-through port on the potential termination liability of the Subtitle A—Provisions Relating to Major charges by the prime contractor. Department of Defense under the contract, in- (b) DEFINITIONS.—In this section: Defense Acquisition Programs cluding— (1) The term ‘‘excessive pass-through charges’’ (1) an estimate of the maximum potential ter- SEC. 801. LIMITATION ON USE OF COST-TYPE means pass-through charges that are not rea- mination liability certification for the contract; CONTRACTS. sonable in relation to the cost of direct labor and (a) PROHIBITION WITH RESPECT TO PRODUC- provided by employees of the contractor, any (2) an assessment how such termination liabil- TION OF MAJOR DEFENSE ACQUISITION PRO- other costs directly attributable to the manage- ity is likely to increase or decrease over the pe- GRAMS.—Not later than 120 days after the date ment of the subcontract by employees of the riod of performance of the contract. of the enactment of this Act, the Secretary of contractor, and the level of risk and responsi- (b) COVERED CONTRACTS.—For purposes of Defense shall modify the acquisition regulations bility, if any, assumed by the prime contractor this section, a covered contract is a contract for of the Department of Defense to prohibit the De- for the performance of the subcontract. the development or production of a major department from entering into cost-type contracts (2) The term ‘‘major defense acquisition pro- fense acquisition program for which the Under for the production of major defense acquisition gram’’ has the meaning given the term in section Secretary of Defense for Acquisition, Tech- programs (MDAPs). 2430(a) of title 10, United States Code. nology, and Logistics is the Milestone Decision (b) EXCEPTION.— (3) The term ‘‘pass-through charges’’ means Authority if the contract has a potential termi- (1) IN GENERAL.—The prohibition under sub- prime contractor charges for overhead (includ- nation liability of the Department of Defense section (a) shall not apply in the case of a par- ing general and administrative costs) or profit that could reasonably be expected to exceed ticular cost-type contract if the Under Secretary on a subsystem or subassembly that is produced $100,000,000. of Defense for Acquisition, Technology, and Lo- by an entity or entities other than the prime (c) MAJOR DEFENSE ACQUISITION PROGRAM gistics, after consultation with the Director of contractor. DEFINED.—In this section, the term ‘‘major de- Cost Assessment and Program Evaluation— (c) CONFORMING AMENDMENTS.—Section 202(c) fense acquisition program’’ has the meaning (A) certifies, in writing, with reasons, that a of the Weapon Systems Acquisition Reform Act given that term in section 2430 of title 10, United cost-type contract is needed to provide a re- of 2009 (Public Law 111–23; 123 Stat. 1720; 10 States Code. quired capability in a timely and cost-effective U.S.C. 2430 note) is amended— SEC. 805. TECHNICAL CHANGE REGARDING PRO- manner; and (1) in the matter preceding paragraph (1), by GRAMS EXPERIENCING CRITICAL (B) provides the certification to the congres- striking ‘‘fair and objective ‘make-buy’ decisions COST GROWTH DUE TO CHANGE IN sional defense committees not later than 30 busi- by prime contractors’’ and inserting ‘‘competi- QUANTITY PURCHASED. ness days before issuing a solicitation for the tion or the option of competition at the sub- Section 2433a(c)(3)(A) of title 10, United States contract. contract level’’; Code, is amended by striking ‘‘subparagraphs

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00079 Fmt 4624 Sfmt 6333 E:\CR\FM\A12DE6.041 S12DEPT1 tjames on DSK6SPTVN1PROD with S7832 CONGRESSIONAL RECORD — SENATE December 12, 2012 (B) and (C)’’ and inserting ‘‘subparagraphs (B), (2) for the acquisition of commercial services guidelines in the Department of Defense Supple- (C), and (E)’’. as defined in paragraphs (5) and (6) of section ment to the Federal Acquisition Regulation in SEC. 806. REPEAL OF REQUIREMENT TO REVIEW 103 of title 41, United States Code. order to identify any modifications to such ONGOING PROGRAMS INITIATED BE- (c) EFFECTIVE DATE.—The requirements of guidelines that are necessary to ensure an ap- FORE ENACTMENT OF MILESTONE B this section shall apply to— propriate link between contractor profit and CERTIFICATION AND APPROVAL (1) covered contracts that are awarded on or contractor performance. PROCESS. after the date that is 90 days after the date of (b) MATTERS TO BE CONSIDERED.—In con- Subsection (b) of section 205 of the Weapon the enactment of this Act; and ducting the review required by subsection (a), Systems Acquisition Reform Act of 2009 (Public (2) covered task orders that are awarded on or the Secretary shall consider, at a minimum, the Law 111–23; 123 Stat. 1725; 10 U.S.C. 2366b note) after the date that is 90 days after the date of following: is repealed. the enactment of this Act under contracts that (1) Appropriate levels of profit needed to sus- Subtitle B—Acquisition Policy and are awarded before, on, or after such date. tain competition in the defense industry, taking Management (d) OTHER DEFINITIONS.—In this section: into account contractor investment and cash (1) The term ‘‘executive agency’’ has the flow. SEC. 821. ONE-YEAR EXTENSION OF TEMPORARY meaning given that term in section 133 of title LIMITATION ON AGGREGATE AN- (2) Appropriate adjustments to address con- NUAL AMOUNT AVAILABLE FOR CON- 41, United States Code. tract and performance risk assumed by the con- TRACT SERVICES. (2) The term ‘‘Federal Acquisition Regulatory tractor, taking into account the extent to which Section 808 of the National Defense Author- Council’’ means the Federal Acquisition Regu- such risk is passed on to subcontractors. latory Council under section 1302(a) of title 41, ization Act for Fiscal Year 2012 (Public Law (3) Appropriate incentives for superior per- United States Code. 112–81; 125 Stat. 1489) is amended— formance in delivering quality products and (e) CONFORMING REPEAL.—Section 852 of the (1) by striking ‘‘fiscal year 2012 or 2103’’ each services in a timely and cost-effective manner, John Warner National Defense Authorization place it appears and inserting ‘‘fiscal year 2012, taking into account such factors as prime con- Act for Fiscal Year 2007 (120 Stat. 2340) is re- 2013, or 2014’’; and tractor cost reduction, control of overhead costs, pealed. (2) by striking ‘‘fiscal years 2012 and 2013’’ subcontractor cost reduction, subcontractor each place it appears and inserting ‘‘fiscal years SEC. 823. AVAILABILITY OF AMOUNTS IN DE- management, and effective competition (includ- 2012, 2103, and 2014’’. FENSE ACQUISITION WORKFORCE DEVELOPMENT FUND FOR TEM- ing the utilization of small business) at the sub- SEC. 822. PROHIBITION OF EXCESSIVE PASS- PORARY MEMBERS OF WORKFORCE. contract level. THROUGH CONTRACTS AND (a) IN GENERAL.—Section 1705 of title 10, (c) MODIFICATION OF GUIDELINES.—Not later CHARGES IN THE ACQUISITION OF United States Code, is amended— than 180 days after the date of the enactment of SERVICES. (1) in subsection (e)— this Act, the Secretary shall modify the profit (a) IN GENERAL.—Not later than 90 days after (A) in paragraph (1), by adding at the end the guidelines described in subsection (a) so as to the date of the enactment of this Act, the Fed- following new sentence: ‘‘In the case of tem- achieve the link described that subsection. eral Acquisition Regulation shall be revised to— porary members of the acquisition workforce (d) REPORT.—Upon the completion of the (1) prohibit the award of a covered contract or designated pursuant to subsection (h)(2), such modification of the profit guidelines required by task order unless the contractor agrees that at funds shall be available only for the limited pur- subsection (c), the Secretary shall submit to the least 50 percent of the direct labor cost of serv- pose of providing training in the performance of congressional defense committees a report on the ices to be performed under the contract or task acquisition-related functions and duties.’’; and actions of the Secretary under this section. The order will be expended for employees of the con- (B) in paragraph (5), by inserting before the report shall set forth the following: tractor or of a subcontractor that is specifically period at the end the following: ‘‘, and who has (1) The results of the review conducted under identified and authorized to perform such work continued in the employment of the Department subsection (a). in the contract or task order; since such time without a break in such employ- (2) A description of the modification carried (2) provide that the contracting officer for a ment of more than a year’’; out under subsection (c). covered contract or task order may authorize re- (2) by striking subsection (g); liance upon a subcontractor or subcontractors to SEC. 825. MODIFICATION OF AUTHORITIES ON IN- (3) by redesignating subsection (h) as sub- TERNAL CONTROLS FOR PROCURE- meet the requirement in paragraph (1) only section (g); and MENTS ON BEHALF OF THE DEPART- upon a written determination that such reliance (4) by adding at the end the following new MENT OF DEFENSE BY CERTAIN is in the best interest of the executive agency subsection (h): NON-DEFENSE AGENCIES. concerned, after taking into account the added ‘‘(h) ACQUISITION WORKFORCE DEFINED.—In (a) DISCRETIONARY AUTHORITY.—Subsection cost for overhead (including general and admin- this section, the term ‘acquisition workforce’ (a) of section 801 of the National Defense Au- istrative costs) and profit that may be incurred means the following: thorization Act for Fiscal Year 2008 (10 U.S.C. as a result of the pass-through; ‘‘(1) Personnel in positions designated under 2304 note) is amended— (3) require the contracting officer for a cov- section 1721 of this title as acquisition positions (1) in paragraph (1), by striking ‘‘shall, not ered contract or task order for which more than for purposes of this chapter. later than the date specified in paragraph (2),’’ 70 percent of the direct labor cost of services to ‘‘(2) Other military personnel or civilian em- and inserting ‘‘may’’; be performed will be expended for persons other ployees of the Department of Defense who— (2) by striking paragraph (2); than employees of the contractor to ensure that ‘‘(A) contribute significantly to the acquisi- (3) by redesignating paragraphs (3) through amounts paid to the contractor for overhead (in- tion process by virtue of their assigned duties; (6) as paragraphs (2) through (5), respectively; cluding general and administrative costs) and and (4) in paragraph (3), as redesignated by para- profit are reasonable in relation to the cost of ‘‘(B) are designated as temporary members of graph (3) of this section— direct labor provided by employees of the con- the acquisition workforce by the Under Sec- (A) by striking ‘‘required under this sub- tractor and any other costs directly attributable retary of Defense for Acquisition, Technology, section’’ and inserting ‘‘to be performed under to the management of the subcontract by em- and Logistics, or by the senior acquisition exec- this subsection’’; and ployees of the contractor; utive of a military department, for the limited (B) by striking ‘‘shall’’ and inserting ‘‘may’’; (4) include such exceptions to the require- purpose of receiving training for the perform- and ments in paragraphs (2) and (3) as the Federal ance of acquisition-related functions and du- Acquisition Regulatory Council considers appro- ties.’’. (5) in paragraph (4), as so redesignated, by striking ‘‘shall’’ and inserting ‘‘may’’. priate in the interests of the United States, (b) EXTENSION OF EXPEDITED HIRING AUTHOR- which exceptions shall be permissible only in ex- ITY.—Subsection (g) of such section, as redesig- (b) CONFORMING AMENDMENTS.—Subsection ceptional circumstances and for instances dem- nated by subsection (a)(3) of this section, is fur- (b)(1)(B) of such section is amended— onstrated by the Council to be cost-effective; ther amended in paragraph (2) by striking ‘‘Sep- (1) in clause (i), by striking ‘‘required by sub- and tember 30, 2015’’ and inserting ‘‘September 30, section (a)(4)’’ and inserting ‘‘to be entered into (5) include such exceptions to the require- 2017’’. under subsection (a)(3)’’; and ments in paragraphs (2) and (3) as the Secretary (c) PLAN REQUIRED.—Not later than 180 days (2) in clause (ii)— of Defense considers appropriate in the interests after the date of the enactment of this Act, the (A) by striking ‘‘required by subsection (a)’’ of the national defense. Under Secretary of Defense for Acquisition, and inserting ‘‘provided for under subsection (b) COVERED CONTRACT OR TASK ORDER DE- Technology, and Logistics shall develop a plan (a)’’; and FINED.—In this section, the term ‘‘covered con- for the implementation of the authority provided (B) by striking ‘‘subsection (a)(5)’’ and insert- tract or task order’’ means a contract or task by the amendments made by subsection (a) with ing ‘‘subsection (a)(4)’’. order for the performance of services (other than regard to temporary members of the defense ac- SEC. 826. EXTENSION OF PILOT PROGRAM ON construction) with a value in excess of the sim- quisition workforce. The plan shall include pol- MANAGEMENT OF SUPPLY-CHAIN plified acquisition threshold that is entered into icy, criteria, and processes for designating tem- RISK. for or on behalf of an executive agency, except porary members and appropriate safeguards to Section 806(g) of the Ike Skelton National De- that such term does not include any contract or prevent the abuse of such authority. fense Authorization Act for Fiscal Year 2011 task order that provides a firm, fixed price for SEC. 824. DEPARTMENT OF DEFENSE POLICY ON (Public Law 111–383; 124 Stat. 4262; 10 U.S.C. each task to be performed and is— CONTRACTOR PROFITS. 2304 note) is amended by striking ‘‘the date that (1) awarded on the basis of adequate price (a) REVIEW OF GUIDELINES ON PROFITS.—The is three years after the date of the enactment of competition; or Secretary of Defense shall review the profit this Act’’ and inserting ‘‘January 1, 2016’’.

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00080 Fmt 4624 Sfmt 6333 E:\CR\FM\A12DE6.041 S12DEPT1 tjames on DSK6SPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — SENATE S7833 SEC. 827. SENSE OF SENATE ON THE CONTINUING SEC. 842. MAXIMUM AMOUNT OF ALLOWABLE contractor internal audit reports and supporting PROGRESS OF THE DEPARTMENT OF COSTS OF COMPENSATION OF CON- materials. DEFENSE IN IMPLEMENTING ITS TRACTOR EMPLOYEES. (2) PURPOSE.—The purpose of the guidance ITEM UNIQUE IDENTIFICATION INI- (a) MODIFICATION OF MAXIMUM AMOUNT.— issued pursuant to paragraph (1) shall be to en- TIATIVE. Section 2324(e)(1)(P) of title 10, United States sure that the Defense Contract Audit Agency (a) FINDINGS.—The Senate makes the fol- Code, is amended by striking ‘‘the benchmark’’ has sufficient access to contractor internal audit lowing findings: and all that follows through ‘‘section 1127 of (1) In 2003, the Department of Defense initi- reports and supporting materials in order to— title 41’’ and inserting ‘‘the annual amount pay- (A) evaluate and test the efficacy of con- ated the Item Unique Identification (IUID) Ini- able under the aggregate limitation on pay as tractor internal controls and the reliability of tiative, which requires the marking and track- established by the Office of Management and associated contractor business systems; and ing of assets deployed throughout the Armed Budget (currently $230,700)’’. (B) assess the amount of risk and level of test- Forces or in the possession of Department con- (b) EFFECTIVE DATE.—The amendment made ing required in connection with specific audits tractors. by subsection (a) shall take effect on January 1, to be conducted by the Agency. (2) The Initiative has the potential for real- 2013, and shall apply with respect to costs of (3) MATTERS TO BE ADDRESSED.—The guidance izing significant cost savings and improving the compensation incurred on or after that date issued pursuant to paragraph (1) shall address, management of defense equipment and supplies under contracts entered into before, on, or after at a minimum, the following: throughout their lifecycle. that date. (A) The extent to which Defense Contract (3) The Initiative can help the Department (c) REPORT ON ALLOWABLE COSTS OF EM- Audit Agency auditors should request access to combat the growing problem of counterfeits in PLOYEE COMPENSATION.—Not later than 120 defense contractor internal audit reports and the military supply chain. days after the date of the enactment of this Act, supporting materials. (b) SENSE OF SENATE.—It is the sense of the the Inspector General of the Department of De- (B) The circumstances in which follow-up ac- Senate— (1) to support efforts by the Department of fense shall submit to Congress a report on the tions, including subpoenas, may be required to Defense to implement the Item Unique Identi- effect of the modification of allowable costs of ensure Agency access to audit reports and sup- fication Initiative; contractor compensation of employees made by porting materials. (2) to support measures to verify contractor subsection (a). The report shall include the fol- (C) The designation of Agency audit officials compliance with section 252.211–7003 (entitled lowing: responsible for coordinating issues pertaining to ‘‘Item Identification and Valuation’’) of the De- (1) The total number of contractor employees Agency requests for audit reports and sup- fense Supplement to the Federal Acquisition whose allowable costs of compensation in fiscal porting materials. (D) The purposes for which Agency auditors Regulation, on Unique Identification, which year 2012 exceeded the amount of allowable may use audit reports and supporting materials. states that a unique identification equivalent costs under the modification made by subsection (E) Any protections that may be required to recognized by the Department is required for (a). ensure that audit reports and supporting mate- certain acquisitions; (2) The total number of contractor employees rials are not misused. (3) to encourage the Armed Forces to adopt whose allowable costs of compensation in each (F) Requirements for tracking Agency requests and implement Item Unique Identification ac- of fiscal years 2010, 2011, and 2012 would have for audit reports and supporting materials. tions and milestones; and exceeded the amount of allowable costs under (c) FAILURE TO PROVIDE ACCESS.—Not later (4) to support investment of sufficient re- section 2324(e)(1)(P) of title 10, United States than 180 days after the date of the enactment of sources and continued training and leadership Code, as amended by section 803(a) of the Na- this Act, the Secretary of Defense shall revise to enable the Department to capture meaningful tional Defense Authorization Act for Fiscal the program required by section 893 of the Ike data and optimize the benefits of the Item Year 2012 (Public Law 112–81; 125 Stat. 1485). Skelton National Defense Authorization Act for Unique Identification Initiative. (3) The total number of contractor employees whose allowable costs of compensation in each Fiscal Year 2011 (Public Law 111–383; 124 Stat. Subtitle C—Amendments Relating to General of fiscal years 2010, 2011, and 2012 exceeded the 4311; 10 U.S.C. 2302 note) in order to— Contracting Authorities, Procedures, and amount payable to the President under section (1) ensure that any assessment of the ade- Limitations 102 of title 3, United States Code. quacy of contractor business systems takes into SEC. 841. APPLICABILITY OF TRUTH IN NEGOTIA- (4) The total number of contractor employees account the efficacy of contractor internal con- TIONS ACT TO MAJOR SYSTEMS AND in fiscal year 2012 that could have been charac- trols, including contractor internal audit reports RELATED SUBSYSTEMS, COMPO- and supporting materials, that are relevant to NENTS, AND SUPPORT SERVICES. terized as falling within a narrowly targeted exception established by the Secretary of Defense such assessment; and (a) AUTHORITY TO REQUIRE SUBMISSION OF (2) provide that the refusal of a contractor to COST OR PRICING DATA.—Subsection (c) of sec- under section 2324(e)(1)(P) of title 10, United States Code, as a result of the amendment made permit access to contractor internal audit re- tion 2306a of title 10, United States Code, is ports and supporting materials that are relevant amended— by section 803(a)(2) of the National Defense Au- thorization Act for Fiscal Year 2012. to such an assessment is a basis for dis- (1) in the subsection caption, by striking approving the contractor business system or sys- ‘‘BELOW-THRESHOLD’’ and inserting ‘‘CERTAIN’’; (5) An assessment whether the compensation amounts provided in fiscal year 2012 to employ- tems to which such materials are relevant and and taking the remedial actions authorized under (2) in paragraph (2), by inserting before the ees who were characterized by their employers section 893. period at the end the following: ‘‘, except in the as falling within a narrowly targeted exception case of either of the following: described in paragraph (4) were provided com- SEC. 844. ENHANCEMENT OF WHISTLEBLOWER ‘‘(A) A major system or a subsystem or compo- pensation amounts in that fiscal year in manner PROTECTIONS FOR CONTRACTOR EMPLOYEES. nent thereof that is not a commercially available consistent with private sector practice. (6) The duties and services performed in fiscal (a) IN GENERAL.—Subsection (a) of section off-the-shelf item (as defined in section 104 of 2409 of title 10, United States Code, is amend- title 41) and was not developed exclusively at year 2012 by employees who were characterized by their employers as falling within a narrowly ed— private expense as demonstrated in accordance (1) by inserting ‘‘(1)’’ before ‘‘An employee’’; targeted exception described in paragraph (4). with the requirements of section 2321(f)(2) of (2) in paragraph (1), as so designated— this title. (7) An assessment whether there are Federal (A) by inserting ‘‘or subcontractor’’ after ‘‘em- ‘‘(B) Services that are procured for support of civilian employees who perform duties and serv- ployee of a contractor’’; a system, subsystem, or component described in ices comparable to the duties and services de- (B) by striking ‘‘a Member of Congress’’ and subparagraph (A).’’. scribed pursuant to paragraph (6). all that follows through ‘‘the Department of (b) AUTHORITY TO REQUIRE SUBMISSION OF SEC. 843. DEPARTMENT OF DEFENSE ACCESS TO Justice’’ and inserting ‘‘a person or body de- OTHER INFORMATION.—Subsection (d)(1) of such AND USE OF CONTRACTOR INTER- scribed in paragraph (2)’’; section is amended by striking ‘‘at a minimum’’ NAL AUDIT REPORTS. (C) by inserting ‘‘an abuse of authority relat- and all that follows and inserting ‘‘at a min- (a) CLARIFICATION OF AUDIT ACCESS AUTHOR- ing to a Department of Defense contract or imum— ITY.—Section 2313(a)(2) of title 10, United States grant,’’ after ‘‘Department of Defense funds,’’; ‘‘(A) appropriate information on the prices at Code, is amended— and which the same item or similar items have pre- (1) in subparagraph (C), by striking ‘‘or’’ at (D) by inserting ‘‘, rule, or regulation’’ after viously been sold that is adequate for evaluating the end; ‘‘a violation of law’’; and the reasonableness of the price for the procure- (2) in subparagraph (D), by striking the pe- (3) by adding at the end the following new ment; and riod at the end and inserting ‘‘; or’’; and paragraphs: ‘‘(B) in the case of a system, subsystem, com- (3) by adding at the end the following new ‘‘(2) The persons and bodies described in this ponent, or services described in subparagraph subparagraph: paragraph are the persons and bodies as fol- (A) or (B) of subsection (c)(2) for which price in- ‘‘(E) the efficacy of contractor or subcon- lows: formation described in subparagraph (A) of this tractor internal controls and the reliability of ‘‘(A) A Member of Congress or a representa- paragraph is not adequate to evaluate price rea- contractor or subcontractor business systems.’’. tive of a committee of Congress. sonableness, uncertified cost data that is ade- (b) GUIDANCE ON ACCESS.— ‘‘(B) An Inspector General. quate for evaluating the reasonableness of the (1) GUIDANCE REQUIRED.—Not later than 90 ‘‘(C) The Government Accountability Office. price for the procurement.’’. days after the date of the enactment of this Act, ‘‘(D) A Department of Defense employee re- (c) TECHNICAL AMENDMENT.—Subsection (c)(3) the Director of the Defense Contract Audit sponsible for contract oversight or management. of such section is amended by striking ‘‘para- Agency shall issue revised guidance on Defense ‘‘(E) An authorized official of the Department graph’’ and inserting ‘‘subsection’’. Contract Audit Agency auditor access to defense of Justice or other law enforcement agency.

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00081 Fmt 4624 Sfmt 6333 E:\CR\FM\A12DE6.041 S12DEPT1 tjames on DSK6SPTVN1PROD with S7834 CONGRESSIONAL RECORD — SENATE December 12, 2012 ‘‘(F) A court or grand jury. ment, policy, form, or condition of employment, dence of gross mismanagement of a Federal con- ‘‘(G) A management official or other employee including by any predispute arbitration agree- tract or grant, a gross waste of Federal funds, of the contractor or subcontractor who has the ment, other than an arbitration provision in a an abuse of authority relating to a Federal con- responsibility to investigate, discover, or address collective bargaining agreement.’’. tract or grant, a substantial and specific danger misconduct. (d) NOTIFICATION OF EMPLOYEES.—Such sec- to public health or safety, or a violation of law, ‘‘(3) For the purposes of paragraph (1)— tion is further amended— rule, or regulation related to a Federal contract ‘‘(A) an employee who initiates or provides (1) by redesignating subsections (d) and (e) as (including the competition for or negotiation of evidence of contractor or subcontractor mis- subsections (e) and (f), respectively; and a contract) or grant. conduct in any judicial or administrative pro- (2) by inserting after subsection (c) the fol- ‘‘(2) PERSONS AND BODIES COVERED.—The per- ceeding relating to waste, fraud, or abuse on a lowing new subsection (d): sons and bodies described in this paragraph are Department of Defense contract shall be deemed ‘‘(d) NOTIFICATION OF EMPLOYEES.—The Sec- the persons and bodies as follows: to have made a disclosure covered by such para- retary of Defense shall ensure that contractors ‘‘(A) A Member of Congress or a representa- graph; and and subcontractors of the Department of De- tive of a committee of Congress. ‘‘(B) a reprisal described in paragraph (1) is fense inform their employees in writing of the ‘‘(B) An Inspector General. prohibited even if it is undertaken at the request rights and remedies provided under this section, ‘‘(C) The Government Accountability Office. of a Department of Defense official, unless the in the predominant native language of the ‘‘(D) A Federal employee responsible for con- request takes the form of a non-discretionary di- workforce.’’. tract or grant oversight or management at the rective and is within the authority of the De- (e) ABUSE OF AUTHORITY DEFINED.—Sub- relevant agency. partment of Defense official making the re- section (f) of such section, as redesignated by ‘‘(E) An authorized official of the Department quest.’’. subsection (d)(1) of this section, is further of Justice or other law enforcement agency. ‘‘(F) A court or grand jury. (b) INVESTIGATION OF COMPLAINTS.—Sub- amended by adding at the end the following ‘‘(G) A management official or other employee section (b) of such section is amended— new paragraph: of the contractor, subcontractor, or grantee who (1) in paragraph (1), by inserting ‘‘fails to al- ‘‘(6) The term ‘abuse of authority’ means an has the responsibility to investigate, discover, or lege a violation of the prohibition in subsection arbitrary and capricious exercise of authority address misconduct. (a), or has previously been addressed in another that is inconsistent with the mission of the De- ‘‘(3) RULES OF CONSTRUCTION.—For the pur- Federal or State judicial or administrative pro- partment of Defense or the successful perform- poses of paragraph (1)— ceeding initiated by the complainant,’’ after ‘‘is ance of a Department of Defense contract or ‘‘(A) an employee who initiates or provides frivolous,’’; grant.’’. evidence of contractor, subcontractor, or grant- (2) in paragraph (2)— (f) ALLOWABILITY OF LEGAL FEES.—Section ee misconduct in any judicial or administrative (A) in subparagraph (A), by inserting ‘‘, fails 2324(k) of such title is amended— proceeding relating to waste, fraud, or abuse on to allege a violation of the prohibition in sub- (1) in paragraph (1), by striking ‘‘commenced a Federal contract or grant shall be deemed to section (a), or has previously been addressed in by the United States or a State’’ and inserting have made a disclosure covered by such para- another Federal or State judicial or administra- ‘‘commenced by the United States, by a State, or graph; and tive proceeding initiated by the complainant’’ by a contractor employee submitting a complaint ‘‘(B) a reprisal described in paragraph (1) is after ‘‘is frivolous’’; and under section 2409 of this title’’; and prohibited even if it is undertaken at the request (B) in subparagraph (B), by inserting ‘‘, up to (2) in paragraph (2)(C), by striking ‘‘the impo- of an executive branch official, unless the re- 180 days,’’ after ‘‘such additional period of sition of a monetary penalty’’ and inserting quest takes the form of a non-discretionary di- time’’; and ‘‘the imposition of a monetary penalty or an rective and is within the authority of the execu- (3) by adding at the end the following new order to take corrective action under section tive branch official making the request. paragraphs: 2409 of this title’’. ‘‘(b) INVESTIGATION OF COMPLAINTS.— ‘‘(3) The Inspector General may not respond (g) EFFECTIVE DATE.— ‘‘(1) SUBMISSION OF COMPLAINT.—A person to any inquiry or disclose any information from (1) IN GENERAL.—The amendments made by who believes that the person has been subjected or about any person alleging the reprisal, except this section shall take effect on the date that is to a reprisal prohibited by subsection (a) may to the extent that such response or disclosure 180 days after the date of the enactment of this submit a complaint to the Inspector General of is— Act, and shall apply to— the executive agency involved. Unless the In- ‘‘(A) made with the consent of the person al- (A) all contracts awarded on or after such spector General determines that the complaint is leging the reprisal; date; frivolous, fails to allege a violation of the prohi- ‘‘(B) made in accordance with the provisions (B) all task orders entered on or after such bition in subsection (a), or has previously been of section 552a of title 5 or as required by any date pursuant to contracts awarded before, on, addressed in another Federal or State judicial or other applicable Federal law; or or after such date; and administrative proceeding initiated by the com- ‘‘(C) necessary to conduct an investigation of (C) all contracts awarded before such date plainant, the Inspector General shall investigate the alleged reprisal. that are modified to include a contract clause the complaint and, upon completion of such in- ‘‘(4) A complaint may not be brought under providing for the applicability of such amend- vestigation, submit a report of the findings of this subsection more than three years after the ments. the investigation to the person, the contractor or date on which the alleged reprisal took place.’’. (2) REVISION OF DOD SUPPLEMENT TO THE grantee concerned, and the head of the agency. (c) REMEDY AND ENFORCEMENT AUTHORITY.— FAR.—Not later than 180 days after the date of ‘‘(2) INSPECTOR GENERAL ACTION.— Subsection (c) of such section is amended— the enactment of this Act, the Department of ‘‘(A) DETERMINATION OR SUBMISSION OF RE- (1) in paragraph (1)(B), by striking ‘‘the com- Defense Supplement to the Federal Acquisition PORT ON FINDINGS.—Except as provided under pensation (including back pay)’’ and inserting Regulation shall be revised to implement the re- subparagraph (B), the Inspector General shall ‘‘compensatory damages (including back pay)’’; quirements arising under the amendments made make a determination that a complaint is frivo- (2) in paragraph (2), by adding at the end fol- by this section. lous, fails to allege a violation of the prohibition lowing new sentence: ‘‘An action under this (3) INCLUSION OF CONTRACT CLAUSE IN CON- in subsection (a), or has previously been ad- paragraph may not be brought more than two TRACTS AWARDED BEFORE EFFECTIVE DATE.—At dressed in another Federal or State judicial or years after the date on which remedies are the time of any major modification to a contract administrative proceeding initiated by the com- deemed to have been exhausted.’’; that was awarded before the date that is 180 plainant or submit a report under paragraph (1) (3) in paragraph (4), by striking ‘‘and com- days after the date of the enactment of this Act, within 180 days after receiving the complaint. pensatory and exemplary damages.’’ and insert- the head of the contracting agency shall make ‘‘(B) EXTENSION OF TIME.—If the Inspector ing ‘‘, compensatory and exemplary damages, best efforts to include in the contract a contract General is unable to complete an investigation and attorney fees and costs. The person upon clause providing for the applicability of the in time to submit a report within the 180-day pe- whose behalf an order was issued may also file amendments made by this section to the con- riod specified in subparagraph (A) and the per- such an action or join in an action filed by the tract. son submitting the complaint agrees to an exten- head of the agency.’’; SEC. 844A. WHISTLEBLOWER PROTECTIONS FOR sion of time, the Inspector General shall submit (4) in paragraph (5), by adding at the end the NON-DEFENSE CONTRACTORS. a report under paragraph (1) within such addi- following new sentence: ‘‘Filing such an appeal (a) WHISTLEBLOWER PROTECTIONS.— tional period of time, up to 180 days, as shall be shall not act to stay the enforcement of the (1) IN GENERAL.—Chapter 47 of title 41, United agreed upon between the Inspector General and order of the head of an agency, unless a stay is States Code, is amended by adding at the end the person submitting the complaint. specifically entered by the court.’’; and the following new section: ‘‘(3) PROHIBITION ON DISCLOSURE.—The In- (5) by adding at the end the following new ‘‘SEC. 4712. CONTRACTOR AND GRANTEE EMPLOY- spector General may not respond to any inquiry paragraphs: EES: PROTECTION FROM REPRISAL or disclose any information from or about any ‘‘(6) The legal burdens of proof specified in FOR DISCLOSURE OF CERTAIN IN- person alleging the reprisal, except to the extent section 1221(e) of title 5 shall be controlling for FORMATION. that such response or disclosure is— the purposes of any investigation conducted by ‘‘(a) PROHIBITION OF REPRISALS.— ‘‘(A) made with the consent of the person alan Inspector General, decision by the head of an ‘‘(1) IN GENERAL.—An employee of a con- leging the reprisal; agency, or judicial or administrative proceeding tractor, subcontractor, or grantee may not be ‘‘(B) made in accordance with the provisions to determine whether discrimination prohibited discharged, demoted, or otherwise discriminated of section 552a of title 5 or as required by any under this section has occurred. against as a reprisal for disclosing to a person other applicable Federal law; or ‘‘(7) The rights and remedies provided for in or body described in paragraph (2) information ‘‘(C) necessary to conduct an investigation of this section may not be waived by any agree- that the employee reasonably believes is evi- the alleged reprisal.

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‘‘(4) TIME LIMITATION.—A complaint may not such an appeal shall not act to stay the enforce- that was awarded before the date that is 180 be brought under this subsection more than ment of the order of the head of an executive days after the date of the enactment of this Act, three years after the date on which the alleged agency, unless a stay is specifically entered by the head of the contracting agency shall make reprisal took place. the court. best efforts to include in the contract a contract ‘‘(c) REMEDY AND ENFORCEMENT AUTHOR- ‘‘(6) BURDENS OF PROOF.—The legal burdens clause providing for the applicability of the ITY.— of proof specified in section 1221(e) of title 5 amendments made by this section to the con- ‘‘(1) IN GENERAL.—Not later than 30 days after shall be controlling for the purposes of any in- tract. receiving an Inspector General report pursuant vestigation conducted by an Inspector General, SEC. 845. EXTENSION OF CONTRACTOR CONFLICT to subsection (b), the head of the executive decision by the head of an executive agency, or OF INTEREST LIMITATIONS. agency concerned shall determine whether there judicial or administrative proceeding to deter- (a) ASSESSMENT OF EXTENSION OF LIMITATIONS is sufficient basis to conclude that the con- mine whether discrimination prohibited under TO CERTAIN ADDITIONAL FUNCTIONS AND CON- tractor or grantee concerned has subjected the this section has occurred. TRACTS.—Not later than 180 days after the date complainant to a reprisal prohibited by sub- ‘‘(7) RIGHTS AND REMEDIES NOT WAIVABLE.— of the enactment of this Act, the Secretary of section (a) and shall either issue an order deny- The rights and remedies provided for in this sec- Defense shall review the guidance on personal ing relief or shall take one or more of the fol- tion may not be waived by any agreement, pol- conflicts of interest for contractor employees lowing actions: icy, form, or condition of employment, including issued pursuant to section 841(a) of the Duncan ‘‘(A) Order the contractor or grantee to take by any predispute arbitration agreement, other Hunter National Defense Authorization Act for affirmative action to abate the reprisal. than an arbitration provision in a collective bar- Fiscal Year 2009 (Public Law 110–417; 122 Stat. ‘‘(B) Order the contractor or grantee to rein- gaining agreement. 4537) in order to determine whether it would be state the person to the position that the person ‘‘(d) NOTIFICATION OF EMPLOYEES.—The head in the best interest of the Department of Defense held before the reprisal, together with compen- of each executive agency shall ensure that con- and the taxpayers to extend such guidance to satory damages (including back pay), employ- tractors, subcontractors, and grantees of the personal conflicts of interest by contractor per- ment benefits, and other terms and conditions of agency inform their employees in writing of the sonnel performing any of the following: employment that would apply to the person in rights and remedies provided under this section, (1) Functions other than acquisition functions that position if the reprisal had not been taken. in the predominant native language of the that are closely associated with inherently gov- ‘‘(C) Order the contractor or grantee to pay workforce. ernmental functions (as that term is defined in the complainant an amount equal to the aggre- ‘‘(e) CONSTRUCTION.—Nothing in this section section 2383(b)(3) of title 10, United States gate amount of all costs and expenses (including may be construed to authorize the discharge of, Code). attorneys’ fees and expert witnesses’ fees) that demotion of, or discrimination against an em- (2) Personal services contracts (as that term is were reasonably incurred by the complainant ployee for a disclosure other than a disclosure defined in section 2330a(g)(5) of title 10, United for, or in connection with, bringing the com- protected by subsection (a) or to modify or dero- States Code). plaint regarding the reprisal, as determined by gate from a right or remedy otherwise available (3) Contracts for staff augmentation services the head of the executive agency. to the employee. ‘‘(2) EXHAUSTION OF REMEDIES.—If the head (as that term is defined in section 808(d)(3) of ‘‘(f) DEFINITIONS.—In this section: the National Defense Authorization Act for Fis- of an executive agency issues an order denying ‘‘(1) The term ‘abuse of authority’ means an relief under paragraph (1) or has not issued an cal Year 2012 (Public Law 112–81; 125 Stat. arbitrary and capricious exercise of authority 1490)). order within 210 days after the submission of a that is inconsistent with the mission of the exec- (b) EXTENSION OF LIMITATIONS.—If the Sec- complaint under subsection (b), or in the case of utive agency concerned or the successful per- an extension of time under paragraph (b)(2)(B), retary determines pursuant to the review under formance of a contract or grant of such agency. subsection (a) that the guidance on personal not later than 30 days after the expiration of the ‘‘(2) The term ‘Inspector General’ means an extension of time, and there is no showing that conflicts of interest should be extended, the Sec- Inspector General appointed under the Inspec- retary shall revise the Defense Supplement to such delay is due to the bad faith of the com- tor General Act of 1978 and any Inspector Gen- plainant, the complainant shall be deemed to the Federal Acquisition Regulation to the extent eral that receives funding from, or has oversight necessary to achieve such extension. have exhausted all administrative remedies with over contracts or grants awarded for or on be- respect to the complaint, and the complainant (c) REPORT.—Not later than 180 days after the half of, the executive agency concerned.’’. date of the enactment of this Act, the Secretary may bring a de novo action at law or equity (2) CLERICAL AMENDMENT.—The table of sec- shall submit to the Committee on Armed Services against the contractor or grantee to seek com- tions at the beginning of such chapter is amend- of the Senate and the Committee on Armed Serv- pensatory damages and other relief available ed by adding at the end the following new item: ices of the House of Representatives a report set- under this section in the appropriate district ‘‘4712. Contractor and grantee employees: pro- ting forth the following: court of the United States, which shall have ju- tection from reprisal for disclosure (1) A summary of the review conducted under risdiction over such an action without regard to of certain information.’’. subsection (a). the amount in controversy. Such an action (b) ALLOWABILITY OF LEGAL FEES.—Section (2) A summary description of any revisions of shall, at the request of either party to the ac- 4310 of title 41, United States Code, is amend- regulations carried out under subsection (b). tion, be tried by the court with a jury. An action ed— under this paragraph may not be brought more (1) in subsection (b), by striking ‘‘commenced SEC. 846. REPEAL OF SUNSET FOR CERTAIN PRO- than two years after the date on which remedies by the Federal Government or a State’’ and in- TESTS OF TASK AND DELIVERY ORDER CONTRACTS. are deemed to have been exhausted. serting ‘‘commenced by the Federal Government, ‘‘(3) ADMISSIBILITY OF EVIDENCE.—An Inspec- by a State, or by a contractor or grantee em- Section 2304c(e) of title 10, United States Code, tor General determination and an agency head ployee submitting a complaint under section is amended by striking paragraph (3). order denying relief under paragraph (2) shall 4712 of this title’’; and SEC. 847. REPORTS ON USE OF INDEMNIFICATION be admissible in evidence in any de novo action (2) in subsection (c)(3), by striking ‘‘the impo- AGREEMENTS. at law or equity brought pursuant to this sub- sition of a monetary penalty’’ and inserting (a) IN GENERAL.—Not later than 90 days after section. ‘‘the imposition of a monetary penalty or an the end of each of fiscal years 2013 through ‘‘(4) ENFORCEMENT OF ORDERS.—Whenever a order to take corrective action under section 2016, the Secretary of Defense shall submit to person fails to comply with an order issued 4712 of this title’’. the appropriate committees of Congress a report under paragraph (1), the head of the executive (c) EFFECTIVE DATE.— on any actions described in subsection (b) which agency concerned shall file an action for en- (1) IN GENERAL.—The amendments made by occurred during the preceding fiscal years. forcement of such order in the United States dis- this section shall take effect on the date that is (b) ACTIONS DESCRIBED.— trict court for a district in which the reprisal 180 days after the date of the enactment of this (1) IN GENERAL.—An action described in this was found to have occurred. In any action Act, and shall apply to— subsection is the Secretary of Defense— brought under this paragraph, the court may (A) all contracts and grants awarded on or (A) entering into a contract that includes an grant appropriate relief, including injunctive re- after such date; indemnification provision relating to bodily in- lief, compensatory and exemplary damages, and (B) all task orders entered on or after such jury caused by negligence or relating to wrong- attorney fees and costs. The person upon whose date pursuant to contracts awarded before, on, ful death; or behalf an order was issued may also file such an or after such date; and (B) modifying an existing contract to include action or join in an action filed by the head of (C) all contracts awarded before such date a provision described in subparagraph (A) in a the executive agency. that are modified to include a contract clause contract. ‘‘(5) JUDICIAL REVIEW.—Any person adversely providing for the applicability of such amend- (2) EXCLUDED CONTRACTS.—Paragraph (1) affected or aggrieved by an order issued under ments. shall not apply to any contract awarded in ac- paragraph (1) may obtain review of the order’s (2) REVISION OF FEDERAL ACQUISITION REGULA- cordance with— conformance with this subsection, and any reg- TION.—Not later than 180 days after the date of (A) section 2354 of title 10, United States Code; ulations issued to carry out this section, in the the enactment of this Act, the Federal Acquisi- or United States court of appeals for a circuit in tion Regulation shall be revised to implement (B) the Comprehensive Environmental Re- which the reprisal is alleged in the order to have the requirements arising under the amendments sponse, Compensation, and Liability Act of 1980 occurred. No petition seeking such review may made by this section. (42 U.S.C. 9601 et seq.). be filed more than 60 days after issuance of the (3) INCLUSION OF CONTRACT CLAUSE IN CON- (c) MATTERS INCLUDED.—For each action cov- order by the head of the executive agency. Re- TRACTS AWARDED BEFORE EFFECTIVE DATE.—At ered in a report under subsection (a), the report view shall conform to chapter 7 of title 5. Filing the time of any major modification to a contract shall include—

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(1) the name of the contractor; (III) determinations of capability requirements (2) DEPARTMENT OF STATE AND USAID.—Not (2) a description of the indemnification provi- for non-acquisition community operational con- later than one year after the commencement or sion included in the contract; and tract support, and identification of resources redesignation of a contingency operation outside (3) a justification for the contract including quired for planning, training, and execution to the United States that includes combat oper- the indemnification provision. meet such requirements; ations, and annually thereafter until the termi- (d) FORM.—Each report under subsection (a) (IV) determinations of policy regarding the nation of the operation, the Secretary of State shall be submitted in unclassified form, but may use of contractors by function, and identifica- and the Administrator of the United States include a classified annex. tion of the training exercises that will be re- Agency for International Development shall, ex- (e) APPROPRIATE COMMITTEES OF CONGRESS quired for contract support (including an assess- cept as provided in subsection (b), each submit DEFINED.—In this section, the term ‘‘appro- ment whether or not such exercises will include to the appropriate committees of Congress a re- priate committees of Congress’’ means— contractors); and port on contract support for the operation for (1) the Committee on Armed Services, the Com- (V) establishment of an inventory, and identi- the Department of State or the United States mittee on the Budget, and the Committee on Ap- fication of areas of high risk and trade offs, for Agency for International Development, as the propriations of the Senate; and use of contract support in overseas contingency case may be. (2) the Committee on Armed Services, the Com- operations and for areas in which members of (b) EXCEPTION.—If the total annual amount mittee on the Budget, and the Committee on Ap- the Armed Forces will be used in such oper- of obligations for contracts for support of a con- propriations of the House of Representatives. ations instead of contract support; and tingency operation otherwise described by sub- SEC. 848. CONTRACTING WITH SMALL BUSINESS (ii) roles, authorities, responsibilities, and section (a) do not exceed $250,000,000 in an an- CONCERNS OWNED AND CON- lines of supervision for the achievement of the nual reporting period otherwise covered by that TROLLED BY WOMEN. requirements identified under clause (i), includ- subsection, no report shall be required on the (a) PROCUREMENT PROGRAM FOR WOMEN- ing the position within the chain of authority operation under that subsection for that annual OWNED SMALL BUSINESS CONCERNS.—Section and responsibility described in paragraph (1) reporting period. 8(m)(2) of the Small Business Act (15 U.S.C. with responsibility for reporting directly to the (c) ELEMENTS.— 637(m)(2)) is amended— Secretary regarding policy, planning, and exe- (1) IN GENERAL.—Each report of an agency (1) in subparagraph (A), by striking ‘‘who are cution of contract support for overseas contin- under subsection (a) regarding an operation economically disadvantaged’’; gency operations; and shall set forth the following: (2) in subparagraph (C), by striking ‘‘para- (C) ensure that the chain of authority and re- (A) A description and assessment of the pol- graph (3)’’ and inserting ‘‘paragraph (4)’’; sponsibility described in paragraph (1) is appro- icy, planning, management, and oversight of the (3) by striking subparagraph (D); and priately aligned with, and appropriately inte- agency with respect to contract support for the (4) by redesignating subparagraphs (E) and grated into, the structure of the Department for operation. (F) as subparagraphs (D) and (E), respectively. the conduct of overseas contingency operations, (B) With respect to contracts entered into in (b) STUDY AND REPORT ON REPRESENTATION including the military departments, the Joint connection with the operation: OF WOMEN.—Section 29 of the Small Business Staff, and the commanders of the unified com- (i) The total number of contracts entered into Act (15 U.S.C. 656) is amended by adding at the batant commands. as of the date of such report. end the following: (b) SECRETARY OF DEFENSE REPORT.—Not (ii) The total number of such contracts that ‘‘(o) STUDY AND REPORT ON REPRESENTATION later than one year after the date of the enact- are active as of such date. OF WOMEN.— ment of this Act, the Secretary shall submit to (iii) The total value of contracts entered into ‘‘(1) STUDY.—The Administrator shall periodi- the congressional defense committees a report on as of such date. cally conduct a study to identify industries, as the regulations prescribed under subsection (a). (iv) The total value of such contracts that are defined under the North American Industry The report shall set forth the following: active as of such date. Classification System, underrepresented by (1) The regulations. (v) An identification of the extent to which small business concerns owned and controlled (2) A comprehensive description of the require- the contracts entered into as of such date were by women. ments identified under clause (i) of subsection entered into using competitive procedures. ‘‘(2) REPORT.—Not later than 5 years after the (a)(2)(B), and a comprehensive description of (vi) The total number of contractor personnel date of enactment of this subsection, and every the manner in which the roles, authorities, re- working under contracts entered into as of the 5 years thereafter, the Administrator shall sub- sponsibilities, and lines of supervision under end of each calendar quarter during the one- mit to the Committee on Small Business and En- clause (ii) of that subsection will further the year period ending on such date. trepreneurship of the Senate and the Committee achievement of such requirements. (vii) The total number of contractor personnel on Small Business of the House of Representa- (3) A comprehensive description of the manner performing security functions under contracts tives a report on the results of each study under in which the regulations will meet the require- entered into as of the end of each calendar paragraph (1) conducted during the 5-year pe- ments in subsection (a)(2)(C). quarter during the one-year period ending on riod ending on the date of the report.’’. (c) COMPTROLLER GENERAL REPORT.— such date. (1) IN GENERAL.—Not later than 18 months (viii) The total number of contractor personnel Subtitle D—Provisions Relating to Wartime after the date of the enactment of this Act, the killed or wounded under any contracts entered Contracting Comptroller General of the United States shall into. SEC. 860. SHORT TITLE. submit to the appropriate committees of Con- (C) The sources of information and data used This subtitle may be cited as the ‘‘Wartime gress a report on the progress of the Department to prepare the portion of such report required by Contracting Reform Act of 2012’’. of Defense in implementing the regulations pre- subparagraph (B). SEC. 861. RESPONSIBILITY WITHIN DEPARTMENT scribed under subsection (a). The report may in- (D) A description of any known limitations of OF DEFENSE FOR CONTRACT SUP- clude such additional comments and informa- the information or data reported under subpara- PORT FOR OVERSEAS CONTINGENCY tion on the regulations and the implementation graph (B), including known limitations in meth- OPERATIONS. of the regulations as the Comptroller General odology or data sources. (a) RESPONSIBILITY.— (E) Any plans for strengthening collection, co- considers appropriate. (1) IN GENERAL.—Not later than one year after (2) APPROPRIATE COMMITTEES OF CONGRESS ordination, and sharing of information on con- the date of the enactment of this Act, the Sec- DEFINED.—In this subsection, the term ‘‘appro- tracts entered into in connection with the oper- retary of Defense shall prescribe in regulations priate committees of Congress’’ means— ation. the chain of authority and responsibility within (A) the Committee on Armed Services, the (2) ESTIMATES.—In determining the total num- the Department of Defense for policy, planning, Committee on Homeland Security and Govern- ber of contractor personnel working under con- and execution of contract support for overseas mental Affairs, and the Committee on Appro- tracts for purposes of paragraph (1)(B)(vi), the contingency operations. priations of the Senate; and Secretary or the Administrator may use esti- (2) ELEMENTS.—The regulations under para- (B) the Committee on Armed Services, the mates for any category of contractor personnel graph (1) shall, at a minimum— Committee on Oversight and Government Re- for which such Secretary or the Administrator, (A) specify the officials, offices, and compo- form, and the Committee on Appropriations of as the case may be, determines it is not feasible nents of the Department within the chain of au- the House of Representatives. to provide an actual count. Each report under thority and responsibility described in para- SEC. 862. ANNUAL REPORTS ON CONTRACT SUP- subsection (a) shall fully disclose the extent to graph (1); PORT FOR OVERSEAS CONTINGENCY which such an estimate is used in lieu of an ac- (B) identify for each official, office, and com- OPERATIONS INVOLVING COMBAT tual count. ponent specified under subparagraph (A)— OPERATIONS. (d) PROHIBITION ON PREPARATION BY CON- (i) requirements for policy, planning, and exe- (a) REPORTS REQUIRED.— TRACTOR PERSONNEL.—A report under sub- cution of contract support for overseas contin- (1) DEPARTMENT OF DEFENSE.—Not later than section (a) may not be prepared by contractor gency operations, including, at a minimum, re- one year after the commencement or designation personnel. quirements in connection with— of a contingency operation outside the United (e) USE OF EXISTING REPORTS FOR CERTAIN (I) coordination of functions, authorities, and States that includes combat operations, and an- CONTINGENCY OPERATIONS.—The requirement to responsibilities related to operational contract nually thereafter until the termination of the submit reports under subsection (a) on a contin- support for overseas contingency operations; operation, the Secretary of Defense shall, except gency operation in Iraq or Afghanistan may be (II) assessments of total force data in support as provided in subsection (b), submit to the ap- met by the submittal of the reports required by of Department force planning scenarios, includ- propriate committees of Congress a report on section 863 of the National Defense Authoriza- ing the appropriateness of and necessity for the contract support for the Department of Defense tion Act for Fiscal Year 2008 (10 U.S.C. 2302 use of contractors for identified functions; for the operation. note).

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(f) APPROPRIATE COMMITTEES OF CONGRESS covered agency shall perform a comprehensive (1) IN GENERAL.—Not later than 30 days after DEFINED.—In this section, the term ‘‘appro- risk assessment and develop a risk mitigation the completion of a comprehensive risk assess- priate committees of Congress’’ means— plan for operational and political risks associ- ment and risk mitigation plan under subsection (1) the Committee on Armed Services, the Com- ated with contractor performance of critical (a), the head of the covered agency concerned mittee on Foreign Relations, the Committee on functions in support of the operation for such shall submit to the appropriate committees of Homeland Security and Governmental Affairs, covered agency. Congress a report setting forth a summary de- and the Committee on Appropriations of the (2) EXCEPTIONS.—Except as provided in para- scription of the assessment and plan, including Senate; and graph (3), a risk assessment and risk mitigation a description of the risks identified through the (2) the Committee on Armed Services, the Com- plan shall not be required under paragraph (1) assessment and the actions to be taken to ad- mittee on Foreign Affairs, the Committee on for an overseas contingency operation if both— dress such risks. Oversight and Government Reform, and the (A) the operation is not expected to continue (2) FORM.—Each report shall be submitted in Committee on Appropriations of the House of for more than one year; and unclassified form, but may include a classified Representatives. (B) the total annual amount of obligations by annex. SEC. 863. INCLUSION OF CONTRACT SUPPORT IN the United States Government for contracts for (e) CRITICAL FUNCTIONS.—For purposes of this CERTAIN REQUIREMENTS FOR DE- support of or in connection with the operation section, critical functions include, at a min- PARTMENT OF DEFENSE PLANNING, is not expected to exceed, $250,000,000 in any fis- imum, the following: JOINT PROFESSIONAL MILITARY cal year. (1) Private security functions, as that term is EDUCATION, AND MANAGEMENT (3) TERMINATION OF EXCEPTIONS.—Notwith- defined in section 864(a)(5) of the National De- STRUCTURE. standing paragraph (2), the head of a covered fense Authorization Act for Fiscal Year 2008 (10 (a) READINESS REPORTING SYSTEM.—Section agency shall perform a risk assessment and de- U.S.C. 2302 note). 117(c) of title 10, United States Code, is amended velop a risk mitigation plan under paragraph (1) (2) Training and advising government per- by adding at the end the following new para- for an overseas contingency operation with re- sonnel, including military and security per- graph: gard to which a risk assessment and risk mitiga- sonnel, of a host nation. ‘‘(8) Measure, on an annual basis, the capa- tion plan has not previously been performed (3) Conducting intelligence or information op- bility of operational contract support to support under paragraph (1) not later than 60 days after erations. current and anticipated wartime missions of the the first date on which either of the following (4) Any other functions that are closely asso- armed forces.’’. occurs: ciated with inherently governmental functions, (b) CONTINGENCY PLANNING AND PREPARED- (A) The operation has continued for more including the functions set forth in section NESS FUNCTIONS OF CJCS.—Section 153(a)(3) of than one year. 7.503(d) of the Federal Acquisition Regulation. such title is amended by adding at the end the (B) The total amount of obligations by the (f) DEFINITIONS.—In this section: following new subparagraph: United States Government for contracts for sup- (1) The term ‘‘appropriate committees of Con- ‘‘(E) In coordination with the Under Sec- port of or in connection with the operation has gress’’ means— retary of Defense for Acquisition, Technology, exceeded $250,000,000 in a fiscal year. (A) the Committee on Armed Services, the and Logistics, the Secretaries of the military de- (b) COMPREHENSIVE RISK ASSESSMENTS.—A Committee on Foreign Relations, the Committee partments, the heads of the Defense Agencies, comprehensive risk assessment for an overseas on Homeland Security and Governmental Af- and the commanders of the combatant com- contingency operation under subsection (a) fairs, and the Committee on Appropriations of mands, determining the operational contract shall consider, at a minimum, risks relating to the Senate; and support requirements of the armed forces and the following: (B) the Committee on Armed Services, the recommending the resources required to improve (1) The goals and objectives of the operation Committee on Foreign Affairs, the Committee on and enhance operational contract support for (such as risks from behavior that injures inno- Oversight and Government Reform, and the the armed forces and planning for such oper- cent members of the local population or outrages Committee on Appropriations of the House of ational contract support.’’. their sensibilities). Representatives. (c) JOINT PROFESSIONAL MILITARY EDU- (2) The continuity of the operation (such as (2) The term ‘‘covered agency’’ means the fol- CATION.— risks from contractors walking off the job or lowing: (1) CONTINGENCY OPERATIONS AS MATTER being unable to perform when there is no timely (A) The Department of Defense. WITHIN COURSE OF JPME.—Section 2151(a) of back-up available). (B) The Department of State. such title is amended by adding at the end the (3) The safety of military and civilian per- (C) The United States Agency for Inter- following new paragraph: sonnel of the United States if the presence or national Development. ‘‘(6) Contingency operations.’’. performance of contractor personnel creates un- (3) The term ‘‘overseas contingency oper- (2) CURRICULUM FOR THREE-PHASE AP- safe conditions or invites attack. ation’’ means a military operation outside the PROACH.—Section 2154 of such title is amended (4) The managerial control of the Government United States and its territories and possessions by adding at the end the following new sub- over the operation (such as risks from over-reli- that is a contingency operation (as that term is section: ance on contractors to monitor other contractors defined in section 101(a)(13) of title 10, United ‘‘(c) CURRICULUM RELATING TO CONTINGENCY with inadequate means for Government per- States Code). OPERATIONS.—(1) The curriculum for each sonnel to monitor their work). SEC. 865. EXTENSION AND MODIFICATION OF RE- phase of joint professional military education (5) The critical organic or core capabilities of PORTS ON CONTRACTING IN IRAQ implemented under this section shall include the Government, including critical knowledge or AND AFGHANISTAN. content appropriate for such phase on the fol- institutional memory of key operations areas (a) TWO-YEAR EXTENSION OF REQUIREMENT lowing: and subject-matter expertise. FOR JOINT REPORT.—Subsection (a)(5) of section ‘‘(A) Requirements definition. (6) The ability of the Government to control 863 of the National Defense Authorization Act ‘‘(B) Contingency program management. costs, avoid organizational or personal conflicts for Fiscal Year 2008 (10 U.S.C. 2302 note) is ‘‘(C) Contingency contracting. of interest, and minimize waste, fraud, and amended by striking ‘‘February 1, 2013’’ and in- ‘‘(D) The strategic impact of contracting on abuse. serting ‘‘February 1, 2015’’. military missions. (c) RISK MITIGATION PLANS.—A risk mitiga- (b) REPEAL OF COMPTROLLER GENERAL RE- ‘‘(2) In this subsection, the terms ‘require- tion plan for an overseas contingency operation VIEW.—Such section is further amended by strik- ments definition’, ‘contingency program man- under subsection (a) shall include, at a mining subsection (b). agement’, and ‘contingency contracting’ have imum, the following: (c) CONFORMING AMENDMENTS.— the meaning given those terms in section 2333(f) (1) For each high risk area identified in the (1) IN GENERAL.—Such section is further of this title.’’. comprehensive risk assessment for the operation amended— (d) MANAGEMENT STRUCTURE.—Section performed under subsection (a)— (A) by striking ‘‘JOINT REPORT REQUIRED.—’’ 2330(c)(2) of such title is amended by striking (A) specific actions to mitigate or reduce such and all that follows through ‘‘paragraph (6)’’ ‘‘other than services’’ and all that follows and risk, including, but not limited to, the develop- and inserting ‘‘IN GENERAL.—Except as provided inserting ‘‘including services in support of con- ment of alternative capabilities to reduce reli- in subsection (f)’’; tingency operations. The term does not include ance on contractor performance of critical func- (B) by striking ‘‘this subsection’’ each place it services relating to research and development or tions; appears and inserting ‘‘this section’’; military construction.’’. (B) measurable milestones for the implementa- (C) by redesignating paragraphs (2) through SEC. 864. RISK ASSESSMENT AND MITIGATION tion of planned risk mitigation or risk reduction (7) as subsections (b) through (g), respectively, FOR CONTRACTOR PERFORMANCE measures; and and indenting the left margins of such sub- OF CRITICAL FUNCTIONS IN SUP- (C) a process for monitoring, measuring, and sections, as so redesignated, two ems from the PORT OF OVERSEAS CONTINGENCY documenting progress in mitigating or reducing left margin; OPERATIONS. risk. (D) in subsection (b), as redesignated by sub- (a) COMPREHENSIVE RISK ASSESSMENT AND (2) A continuing process for identifying and paragraph (C) of this paragraph, by redesig- MITIGATION PLAN REQUIRED.— addressing new and changed risks arising in the nating subparagraphs (A) through (H) as para- (1) IN GENERAL.—Subject to paragraphs (2) course of the operation, including the periodic graphs (1) through (8), respectively, and indent- and (3), not later than six months after the com- reassessment of risks and the development of ap- ing the left margin of such paragraphs, as so re- mencement or designation of an overseas contin- propriate risk mitigation or reduction plans for designated, four ems from the left margin; gency operation that includes or is expected to any new or changed high risk area identified. (E) in subsection (c), as redesignated by sub- include combat operations, the head of each (d) REPORTS TO CONGRESS.— paragraph (C) of this paragraph—

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00085 Fmt 4624 Sfmt 6333 E:\CR\FM\A12DE6.041 S12DEPT1 tjames on DSK6SPTVN1PROD with S7838 CONGRESSIONAL RECORD — SENATE December 12, 2012 (i) by redesignating subparagraphs (A) Caucauses in the west to southwest Asia and ‘‘(3) The Inspector General of the United through (C) as paragraphs (1) through (3), re- Afghanistan. States Agency for International Development. spectively, and indenting the left margin of such (7) The Northern Distribution Network has ‘‘(c) STANDING COMMITTEE ON OVERSEAS CON- paragraphs, as so redesignated, four ems from been successful and now handles more than 50 TINGENCY OPERATIONS.—(1) The Council of In- the left margin; and percent of cargo shipped to Afghanistan. spectors General on Integrity and Efficiency (ii) by striking ‘‘paragraph (2)’’ each place it (8) North Atlantic Treaty Organization (CIGIE) shall establish a standing committee on appears and inserting ‘‘subsection (b)’’; (NATO) member nations along the Northern overseas contingency operations. The standing (F) in subsection (f), as redesignated by sub- Distribution Network routes have contributed committee shall consist of the following: paragraph (C) of this paragraph, by striking significantly to the success of the Northern Dis- ‘‘(A) A chair, who shall be the Lead Inspector ‘‘this paragraph’’ and inserting ‘‘this sub- tribution Network. General for an overseas contingency operation section’’; and (9) The United States has strong economic ties under subsection (d) if such an operation is un- (G) in subsection (g), as so redesignated, by to Northern Distribution Network nations that derway, and shall be an Inspector General spec- striking ‘‘paragraph (2)(F)’’ and inserting ‘‘sub- are members of the North Atlantic Treaty Orga- ified in subsection (b) selected by the Inspectors section (b)(6)’’. nization, and these nations may be able to pro- General specified in that subsection from among (2) HEADING AMENDMENT.—The heading of vide quality goods and services for near and themselves if such an operation is not under- such section is amended by striking ‘‘g714AND long-term use by the Department of Defense. way. COMPTROLLER GENERAL REVIEW’’. (10) Since 2009 the port of Riga, on the Baltic ‘‘(B) The other Inspectors General specified in SEC. 866. EXTENSION OF TEMPORARY AUTHORITY Sea, has been a critical overland entry point for subsection (b). TO ACQUIRE PRODUCTS AND SERV- goods being shipped using the Northern Dis- ‘‘(C) For the duration of any contingency op- ICES IN COUNTRIES ALONG A MAJOR tribution Network. Latvia is a member of the eration that exceeds 90 days, any other inspec- ROUTE OF SUPPLY TO AFGHANI- North Atlantic Treaty Organization and has tors general determined by the chair, in coordi- STAN. been an ally of the United States in the region (a) EXTENSION.—Subsection (f) of section 801 nation with the other Inspectors General speci- for many years. fied in subsection (b), to have actual or poten- of the National Defense Authorization Act for (11) In September 2010, the Defense Logistics Fiscal Year 2010 (Public Law 111–84; 123 Stat. tial areas of responsibility with respect to the Agency, the General Services Administration, contingency operation. 2399) is amended by striking ‘‘on or after the and other parties hosted a local procurement date occurring three years after the date of the ‘‘(2) The standing committee shall have such conference in Riga, Latvia. on-going responsibilities, including planning, enactment of this Act’’ and inserting ‘‘after De- (12) One hundred nine Latvian vendors at- cember 31, 2014’’. coordination, and development of practices, to tended the September 2010 conference in Riga, improve oversight of overseas contingency oper- (b) REPEAL OF EXPIRED REPORTING REQUIRE- and contracts with Latvian vendors have been MENT.—Subsection (g) of such section is re- ations as the chair considers appropriate. entered into as a result. ‘‘(3)(A) For the duration of any contingency pealed. (13) In May 2012, Latvia hosted an inter- (c) CLERICAL AMENDMENT.—The heading of operation that exceeds 90 days, the standing national workshop in Riga to examine ways of committee shall develop and update on an an- such section is amended by striking ‘‘; REPORT’’. transforming the Northern Distribution Network SEC. 867. COMPLIANCE WITH BERRY AMENDMENT nual basis a joint-strategic plan for ongoing and from a route for the delivery of United States planned oversight of the contingency operation REQUIRED FOR UNIFORM COMPO- and other Allies’ non-lethal goods to Afghani- NENTS SUPPLIED TO AFGHANISTAN by the Inspectors General specified in subsection MILITARY OR AFGHANISTAN NA- stan into a commercial route that would support (b) and designated pursuant to paragraph TIONAL POLICE. the economic growth of Afghanistan and the (1)(C), including the following: (a) REQUIREMENT.—In the case of any textile southwest Asia region. ‘‘(i) Audit and available inspection plans. (b) SENSE OF SENATE.—It is the sense of the components supplied by the Department of De- ‘‘(ii) An overall assessment of such oversight, Senate that— fense to the Afghanistan National Army or the including projects or areas (whether depart- (1) Latvia and other North Atlantic Treaty Afghanistan National Police for purposes of mental or government-wide) of concern or in Organization member nations along the North- production of uniforms, section 2533a of title 10, need of further review. ern Distribution Network routes are key eco- United States Code, shall apply, and no excep- ‘‘(iii) Such other matters as the Lead Inspec- nomic and security partners of the United States tions or exemptions under that section shall tor General for the contingency operation con- and are to be commended for their contribution apply. siders appropriate. to ensuring United States and International Se- (b) EFFECTIVE DATE.—This section shall apply ‘‘(B) Each plan under this paragraph, and curity Assistance Force troops have reliable to solicitations issued and contracts awarded for any update of such plan, shall be made avail- lines of supply to achieve the mission in Af- the procurement of textile components described able on an Internet website available to the pub- ghanistan; in subsection (a) after the date of the enactment lic. Each plan, and any update of such plan, (2) when quality products at competitive of this Act. made so available shall be made available in un- prices are available, significant effort should be SEC. 868. SENSE OF SENATE ON THE CONTRIBU- classified form. made to procure goods locally from Latvia and TIONS OF LATVIA AND OTHER ‘‘(d) LEAD INSPECTOR GENERAL FOR OVERSEAS NORTH ATLANTIC TREATY ORGANI- other North Atlantic Treaty Organization mem- CONTINGENCY OPERATIONS.—(1) There shall be a ZATION MEMBER NATIONS TO THE ber nations along the Northern Distribution Net- lead inspector general for each overseas contin- SUCCESS OF THE NORTHERN DIS- work routes; and TRIBUTION NETWORK. (3) Latvia and other North Atlantic Treaty gency operation that exceeds 90 days (in this (a) FINDINGS.—The Senate makes the fol- Organization member nations along the North- section referred to as the ‘Lead Inspector Gen- lowing findings: ern Distribution Network routes remain allies of eral’ for the contingency operation concerned). (1) The remote and austere environments in the United States in the region, and a mutually ‘‘(2) The Lead Inspector General for a contin- which United States troops are required to oper- beneficial relationship should continue to be gency operation shall be the Inspector General ate as part of the International Security Assist- cultivated between the United States and Latvia of the Department of Defense, who shall assume ance Force (ISAF) mission in Afghanistan have and such other nations in the future. such role not later than 90 days after the commencement or designation of the military oper- increased the need for reliable lines of supply in SEC. 869. RESPONSIBILITIES OF INSPECTORS southwest Asia. GENERAL FOR OVERSEAS CONTIN- ation concerned as a contingency operation. (2) The country of Afghanistan presents GENCY OPERATIONS. ‘‘(e) RESPONSIBILITIES OF LEAD INSPECTOR unique logistics challenges, which have precip- (a) IN GENERAL.—The Inspector General Act GENERAL.—(1) The Lead Inspector General for itated the development of several redundant of 1978 (5 U.S.C. App.) is amended— an overseas contingency operation shall have lines of supply. (1) by redesignating section 8L as section 8M; the following responsibilities: (3) United States Transportation Command and ‘‘(A) To conduct oversight, in full coordina- and the Defense Logistics Agency (DLA), in (2) by inserting after section 8K the following tion with the other Inspectors General specified consultation with United States Embassy offi- new section 8L: in subsection (b), over all aspects of the contin- cials and other parties, have successfully estab- ‘‘SEC. 8L. SPECIAL PROVISIONS CONCERNING gency operation and to ensure, either through lished memoranda of understanding and other OVERSEAS CONTINGENCY OPER- joint or individual audits, inspections, and in- agreements with nations in and around south- ATIONS. vestigations, independent and effective over- west Asia to ensure the reliability of lines of ‘‘(a) IN GENERAL.—Upon the commencement sight of all programs and operations of all de- supply to Afghanistan. or designation of a military operation as an partments and agencies in the contingency oper- (4) The lines of supply through Pakistan have overseas contingency operation that exceeds 90 ation. been repeatedly threatened by instability in that days, the Inspectors General specified in sub- ‘‘(B) To appoint, from among the offices of the country. Airlifting goods to Afghanistan, while section (b) shall have the responsibilities speci- other Inspectors General specified in subsection safer, is expensive. fied in this section. (b), an Inspector General to act as Associate In- (5) The Northern Distribution Network (NDN) ‘‘(b) INSPECTORS GENERAL.—The Inspectors spector General for the overseas contingency op- was established in late 2008 to ensure that a safe General specified in this subsection are the In- eration who shall act in a coordinating role to and cost-effective line of supply is available for spectors General as follows: assist the Lead Inspector General in the dis- United States troops in Afghanistan. ‘‘(1) The Inspector General of the Department charge of responsibilities under this subsection. (6) The two prongs of supply provided by the of Defense. ‘‘(C)(i) If none of the Inspectors General spec- Northern Distribution Network ship nonlethal ‘‘(2) The Inspector General of the Department ified in subsection (b) has principal jurisdiction goods from the Baltic ports in the north and the of State. over a matter with respect to the contingency

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00086 Fmt 4624 Sfmt 6333 E:\CR\FM\A12DE6.041 S12DEPT1 tjames on DSK6SPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — SENATE S7839 operation, to exercise responsibility for dis- volved in the contract, grant, agreement, or defined in section 101(a)(13) of title 10, United charging oversight responsibilities in accordance other funding mechanism identified, and solic- States Code). with this Act with respect to such matter. ited offers from, potential individuals or entities ‘‘(2) The term ‘simplified acquisition thresh- ‘‘(ii) If more than one of the Inspectors Gen- to perform the contract, grant, agreement, or old’ has the meaning provided that term in sec- eral specified in subsection (b) has jurisdiction other funding mechanism, together with a list of tion 2302(7) of title 10, United States Code.’’. over a matter with respect to the contingency the potential individuals or entities that were (b) CONFORMING AMENDMENT RELATING TO operation, to determine principal jurisdiction for issued solicitations for the offers; and TEMPORARY EMPLOYMENT AUTHORITY.—Section discharging oversight responsibilities in accord- ‘‘(iv) the justification and approval documents 3161 of title 5, United States Code, is amended ance with this Act with respect to such matter. on which was based the determination to use by adding at the end the following new sub- ‘‘(D) To carry out such other responsibilities procedures other than procedures that provide section: relating to the coordination and efficient and for full and open competition. ‘‘(j) LEAD INSPECTORS GENERAL FOR OVERSEAS effective discharge by the Inspectors General ‘‘(3) A contract, grant, agreement, or other CONTINGENCY OPERATIONS AS TEMPORARY ORGA- specified in subsection (b) of duties relating to funding mechanism described in this paragraph NIZATION.—In addition to the meaning given the contingency operation as the Lead Inspector is any major contract, grant, agreement, or that term in subsection (a), the term ‘temporary General shall specify. other funding mechanism that is entered into by organization’ for purposes of this subchapter ‘‘(2) The Lead Inspector General for an over- any department or agency of the United States shall, without regard to subsections (a) and seas contingency operation shall discharge the Government that involves the use of amounts (b)(2) of this section, also include the Lead In- responsibilities for the contingency operation appropriated or otherwise made available for re- spector General for an overseas contingency op- under this subsection in a manner consistent construction and other related activities in the eration under section 8L of the Inspector Gen- with the authorities and requirements of this contingency operation concerned with any pub- eral Act of 1978 and the Inspectors General and Act generally and the authorities and require- lic or private sector entity, including any of the inspector general office personnel assisting the ments applicable to the Inspectors General spec- following purposes: Lead Inspector General in the discharge of re- ified in subsection (b) under this Act. ‘‘(A) To build or rebuild physical infrastruc- sponsibilities and authorities under subsection ‘‘(f) REPORTS.—(1) The Lead Inspector Gen- ture. (e) of such section 8L with respect to the contin- eral for an overseas contingency operation ‘‘(B) To establish or reestablish a political or gency operation.’’. shall, in coordination with the other Inspectors societal function or institution. SEC. 870. AGENCY REPORTS AND INSPECTOR General specified in subsection (b), submit to the ‘‘(C) To provide products or services. GENERAL AUDITS OF CERTAIN IN- appropriate committees of Congress on a semi- ‘‘(4) Each report under this subsection shall FORMATION ON OVERSEAS CONTIN- annual basis, and make available on an Inter- be submitted in unclassified form, but may in- GENCY OPERATIONS. net website available to the public, a report clude a classified annex. (a) AGENCY REPORTS.—Not later than 180 summarizing, for the semi-annual period, the ‘‘(g) TEMPORARY EMPLOYMENT AUTHORITY.— days after the commencement or designation of activities of the Lead Inspector General and the (1) Each Inspector General specified in sub- a military operation as an overseas contingency other Inspectors General specified in subsection section (b) may employ, on a temporary basis operation and semi-annually thereafter during (b) with respect to the contingency operation, using the authorities in section 3161 of title 5, the duration of the contingency operation, the including— United States Code (but without regard to sub- Secretary of Defense, the Secretary of State, and ‘‘(A) the status and results of audits, inspec- sections (a) and (b)(2) of such section), such the Administrator of the United States Agency tions, and closed investigations, and of the auditors, inspectors, investigators, and other for International Development shall each make number of referrals to the Department of Jus- personnel as such Inspector General considers available to the Inspector General of the depart- tice; appropriate for purposes of assisting such In- ment or agency concerned the information re- ‘‘(B) updates and changes to overall plans for spector General in discharging responsibilities quired by subsection (f)(2) of section 8L of the the review of the contingency operation by in- under subsection (e) with respect to an overseas Inspector General Act of 1978 (as amended by spectors general, including plans for inspections contingency operation. section 869 of this Act) on the contingency oper- and audits; and ‘‘(2) The employment under this subsection of ation. ‘‘(C) the activities under programs and oper- an annuitant described in section 9902(g) of title (b) INSPECTOR GENERAL AUDITS.—Not later ations funded with amounts appropriated or 5, United States Code, shall be governed by the than 90 days after receipt of a report under sub- otherwise made available for the overseas con- provisions of such section as if the position to section (a), each Inspector General referred to in tingency operation, including the information which employed was a position in the Depart- that subsection shall— specified in paragraph (2). ment of Defense. (1) perform an audit on the quality of the in- ‘‘(2) The information specified in this para- ‘‘(3) The employment under this subsection of graph with respect to an overseas contingency formation submitted in such report, including an annuitant receiving an annuity under the an assessment of the completeness and accuracy operation is as follows: Foreign Service Retirement and Disability Sys- ‘‘(A) Obligations and expenditures of appro- of the information and the extent to which the tem under chapter 8 of the Foreign Service Act priated funds. information fully satisfies the requirements of ‘‘(B) A project-by-project and program-by-proof 1980 (22 U.S.C. 4041 et seq.) shall be treated such Inspector General in preparing the semi- gram accounting of the costs incurred to date as employment in an elective position in the annual report described in subsection (f)(1)(C) for the contingency operation, together with the Government on a temporary basis under section of section 8L of the Inspector General Act of estimate of the Department of Defense, the De- 824(b) of the Foreign Service Act of 1980 (22 1978 (as so amended); and partment of State, and the United States Agency U.S.C. 4064(b)) for which continued receipt of (2) submit to the appropriate committees of for International Development, as applicable, of annuities may be elected as provided in such Congress a report on the reliability, accuracy, the costs to complete each project and program section. and completeness of the information, including ‘‘(4) The authority to employ personnel under above the simplified acquisition threshold. any significant problems in such information. ‘‘(C) Revenues attributable to or consisting of this subsection for a contingency operation shall (c) DEFINITIONS.—In this section: funds provided by foreign nations or inter- cease as provided for in subsection (h). (1) The term ‘‘appropriate committees of Con- national organizations to programs and projects ‘‘(h) SUNSET FOR PARTICULAR CONTINGENCY gress’’ means— for the contingency operation that are funded OPERATIONS.—The requirements and authorities (A) the Committee on Armed Services, the by any department or agency of the United of this section with respect to an overseas con- Committee on Foreign Relations, the Committee States Government, and any obligations or ex- tingency operation shall cease at the earlier of— on Homeland Security and Governmental Af- ‘‘(1) the end of the first fiscal year after the penditures of such revenues. fairs, and the Committee on Appropriations of ‘‘(D) Revenues attributable to or consisting of commencement or designation of the contin- the Senate; and foreign assets seized or frozen that contribute to gency operation in which the total amount ap- (B) the Committee on Armed Services, the programs and projects for the contingency oper- propriated for the contingency operation is less Committee on Foreign Affairs, the Committee on ation that are funded by any department or than $250,000,000 (in constant fiscal year 2012 Oversight and Government Reform, and the agency of the United States Government, and dollars); or Committee on Appropriations of the House of any obligations or expenditures of such reve- ‘‘(2) the date that is 18 months after the date Representatives. nues. of the issuance by the Secretary of Defense of (2) The term ‘‘overseas contingency oper- ‘‘(E) Operating expenses of agencies or enti- an order terminating the contingency operation. ation’’ means a military operation outside the ties receiving amounts appropriated or otherwise ‘‘(i) CONSTRUCTION OF AUTHORITY.—Nothing United States and its territories and possessions made available for the contingency operation. in this Act shall be construed to limit the ability that is a contingency operation (as that term is ‘‘(F) In the case of any contract, grant, agree- of the Inspectors General specified in subsection defined in section 101(a)(13) of title 10, United ment, or other funding mechanism described in (b) to enter into agreements to conduct joint au- States Code). dits, inspections, or investigations in the exer- paragraph (3) with respect to the contingency SEC. 871. OVERSIGHT OF CONTRACTS AND CON- operation— cise of their oversight responsibilities in accord- TRACTING ACTIVITIES FOR OVER- ‘‘(i) the amount of the contract, grant, agree- ance with this Act with respect to overseas con- SEAS CONTINGENCY OPERATIONS IN ment, or other funding mechanism; tingency operations. RESPONSIBILITIES OF CHIEF ACQUI- ‘‘(ii) a brief discussion of the scope of the con- ‘‘(j) DEFINITIONS.—In this section: SITION OFFICERS OF FEDERAL tract, grant, agreement, or other funding mech- ‘‘(1) The term ‘overseas contingency oper- AGENCIES. anism; ation’ means a military operation outside the (a) IN GENERAL.—Subsection (b)(3) of section ‘‘(iii) a discussion of how the department or United States and its territories and possessions 1702 of title 41, United States Code, is amend- agency of the United States Government in- that is a contingency operation (as that term is ed—

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00087 Fmt 4624 Sfmt 6333 E:\CR\FM\A12DE6.041 S12DEPT1 tjames on DSK6SPTVN1PROD with S7840 CONGRESSIONAL RECORD — SENATE December 12, 2012 (1) by redesignating subparagraphs (F) and considers appropriate to further inform such ‘‘§ 3312. Database on price trends of items and (G) as subparagraphs (G) and (H), respectively; committees on issues relating to the reports re- services under Federal contracts and quired by subsection (a). ‘‘(a) DATABASE REQUIRED.—The Adminis- (2) by inserting after subparagraph (E) the (d) APPROPRIATE COMMITTEES OF CONGRESS trator shall establish and maintain a database following new subparagraph (F): DEFINED.—In this section, the term ‘‘appro- of information on price trends for items and ‘‘(F) advising the executive agency on the ap- priate committees of Congress’’ means— services under contracts with the Federal Gov- plicability of relevant policy on the contracts of (1) the Committee on Foreign Relations, the ernment. The information in the database shall the agency for overseas contingency operations Committee on Armed Services, the Committee on be designed to assist Federal acquisition officials and ensuring the compliance of the contracts Homeland Security and Governmental Affairs, in the following: and contracting activities of the agency with and the Committee on Appropriations of the ‘‘(1) Monitoring developments in price trends such policy;’’. Senate; and for items and services under contracts with the (b) DEFINITION.—Such section is further (2) the Committee on Foreign Affairs, the Federal Government. amended by adding at the following new sub- Committee on Armed Services, the Committee on ‘‘(2) Conducting pricing or cost analyses for section: Oversight and Government Reform, and the items and services under offers for contracts ‘‘(d) OVERSEAS CONTINGENCY OPERATIONS DE- Committee on Appropriations of the House of with the Federal Government, or otherwise con- FINED.—In this section, the term ‘overseas con- Representatives. ducting determinations of the reasonableness of tingency operations’ means military operations SEC. 873. PROFESSIONAL EDUCATION FOR DE- prices for items and services under such offers, outside the United States and its territories and PARTMENT OF STATE PERSONNEL and addressing unjustified escalation in prices possessions that are a contingency operation (as ON ACQUISITION FOR DEPARTMENT being paid by the Federal Government for items that term is defined in section 101(a)(13) of title OF STATE SUPPORT AND PARTICIPA- and services under contracts with the Federal TION IN OVERSEAS CONTINGENCY 10).’’. OPERATIONS. Government. ‘‘(b) USE.—(1) The database under subsection SEC. 872. REPORTS ON RESPONSIBILITY WITHIN (a) PROFESSIONAL EDUCATION REQUIRED.— (a) shall be available to executive agencies in DEPARTMENT OF STATE AND THE The Secretary of State shall develop and admin- UNITED STATES AGENCY FOR INTER- the evaluation of offers for contracts with the ister for Department of State personnel specified NATIONAL DEVELOPMENT FOR CON- Federal Government for items and services. TRACT SUPPORT FOR OVERSEAS in subsection (b) a course of professional edu- ‘‘(2) The Secretary of Defense may satisfy the CONTINGENCY OPERATIONS. cation on acquisition by the Department of requirements of this section by complying with (a) DOS AND USAID REPORTS REQUIRED.—Not State for Department of State support for, and the requirements of section 892 of the Ike Skel- later than six months after the date of the en- participation in, overseas contingency oper- ton National Defense Authorization Act for Fis- actment of this Act, the Secretary of State and ations. cal Year 2011 (10 U.S.C. 2306a note).’’. (b) COVERED DEPARTMENT OF STATE PER- the Administrator of the United States Agency (2) CLERICAL AMENDMENT.—The table of sec- for International Development shall, in con- SONNEL.—The Department of State personnel tions at the beginning of chapter 33 of such title sultation with the Chief Acquisition Officer of specified in this subsection are as follows: is amended by adding at the end the following (1) The Chief Acquisition Officer of the De- the Department of State and the Chief Acquisi- new item: tion Officer of the United States Agency for partment of State. ‘‘3312. Database on price trends of items and International Development, respectively, each (2) Personnel of the Department designated by services under Federal con- submit to the appropriate committees of Con- the Chief Acquisition Officer, including contracts.’’. gress an assessment of Department of State and tracting officers and other contracting per- (b) USE OF ELEMENTS OF DEPARTMENT OF DE- United States Agency for International Develop- sonnel. FENSE PILOT PROJECT.—In establishing the ment policies governing contract support in (3) Such other personnel of the Department as database required by section 3312 of title 41, overseas contingency operations. the Secretary of State shall designate for pur- United States Code (as added by subsection (a)), poses of this section. (b) ELEMENTS.—Each report under subsection the Administrator of Federal Procurement Pol- (c) ELEMENTS.— (a) shall include the following: icy shall use and incorporate appropriate ele- (1) CURRICULUM CONTENT.—The course of pro- (1) A description and assessment of the roles ments of the pilot project on pricing of the De- fessional education under this section shall in- and responsibilities of the officials, offices, and partment of Defense being carried out by the Di- clude appropriate content on the following: components of the Department of State or the (A) Contingency contracting. rector of Defense Pricing. United States Agency for International Develop- (B) Contingency program management. SEC. 875. INFORMATION ON CORPORATE CON- ment, as applicable, within the chain of author- (C) The strategic impact of contracting costs TRACTOR PERFORMANCE AND IN- ity and responsibility for policy, planning, and on the mission and activities of the Department TEGRITY THROUGH THE FEDERAL AWARDEE PERFORMANCE AND IN- execution of contract support for overseas con- of State. tingency operations. TEGRITY INFORMATION SYSTEM. (D) Such other matters relating to acquisition (a) INCLUSION OF CORPORATIONS AMONG COV- (2) Procedures and processes of the Depart- by the Department for Department support for, ment or Agency, as applicable, on the following ERED PERSONS.—Subsection (b) of section 872 of or participation in, overseas contingency oper- the Duncan Hunter National Defense Author- in connection with contract support for overseas ations as the Secretary of State considers appro- contingency operations: ization Act for Fiscal Year 2009 (Public Law priate. 110–417; 122 Stat. 4555) is amended by inserting (A) Collection, inventory, and reporting of (2) PHASED APPROACH.—The course of profes- data. ‘‘(including a corporation)’’ after ‘‘Any person’’ sional education may be broken into two or both places it appears. (B) Acquisition planning. more phases of professional education with cur- (C) Solicitation and award of contracts. (b) INFORMATION ON CORPORATIONS.—Sub- riculum or modules of education suitable for the section (d) of such section is amended by adding (D) Requirements development and manage- Department of State personnel specified in sub- ment. at the end the following new paragraph: section (b) at different phases of professional ‘‘(3) INFORMATION ON CORPORATIONS.—The in- (E) Contract tracking and oversight. advancement within the Department. formation on a corporation in the database (F) Performance evaluations. (d) DEFINITIONS.—In this section: shall, to the extent practicable, include informa- (G) Risk management. (1) The term ‘‘contingency contracting’’ (H) Interagency coordination and transition tion on any parent, subsidiary, or successor en- means all stages of the process of acquiring tities to the corporation in manner designed to planning. property or services by the Department of State (3) Strategies and improvements necessary for give the acquisition officials using the database for Department of State support for, and par- a comprehensive understanding of the perform- the Department or the Agency, as applicable, to ticipation in, overseas contingency operations. address reliance on contractors, workforce plan- ance and integrity of the corporation in car- (2) The term ‘‘contingency program manage- rying out Federal contracts and grants.’’. ning, and the recruitment and training of acqui- ment’’ means the process of planning, orga- SEC. 876. INCLUSION OF DATA ON CONTRACTOR sition workforce personnel, including the antici- nizing, staffing, controlling, and leading spe- pated number of personnel needed to perform PERFORMANCE IN PAST PERFORM- cific acquisition programs and activities of the ANCE DATABASES FOR EXECUTIVE acquisition management and oversight functions Department of State for Department of State AGENCY SOURCE SELECTION DECI- and plans for achieving personnel staffing support for, and participation in, overseas con- SIONS. goals, in connection with overseas contingency tingency operations. (a) STRATEGY REQUIRED.— operations. (3) The term ‘‘overseas contingency oper- (1) IN GENERAL.—Not later than 180 days after (c) COMPTROLLER GENERAL REPORT.—Not ation’’ means a military operation outside the the date of the enactment of this Act, the Fed- later than one year after the date of the enact- United States and its territories and possessions eral Acquisition Regulatory Council shall de- ment of this Act, the Comptroller General of the that is a contingency operation (as that term is velop a strategy for ensuring that timely, accu- United States shall submit to the appropriate defined in section 101(a)(13) of title 10, United rate, and complete information on contractor committees of Congress a report on the progress States Code). performance is included in past performance of the efforts of the Department of State and the SEC. 874. DATABASE ON PRICE TRENDS OF ITEMS databases used by executive agencies for making United States Agency for International Develop- AND SERVICES UNDER FEDERAL source selection decisions. ment in implementing improvements and CONTRACTS. (2) CONSULTATION WITH USDATL.—In devel- changes identified under paragraphs (1) (a) DATABASE REQUIRED.— oping the strategy required by this subsection, through (3) of subsection (b) in the reports re- (1) IN GENERAL.—Chapter 33 of title 41, United the Federal Acquisition Regulatory Council quired by subsection (a), together with such ad- States Code, is amended by adding at the end shall consult with the Under Secretary of De- ditional information as the Comptroller General the following new section: fense for Acquisition, Technology, and Logistics

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00088 Fmt 4624 Sfmt 6333 E:\CR\FM\A12DE6.041 S12DEPT1 tjames on DSK6SPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — SENATE S7841 to ensure that the strategy is, to the extent prac- SEC. 877. PUBLIC AVAILABILITY OF DATABASE OF a subsequent decision by a suspension and de- ticable, consistent with the strategy developed SENIOR DEPARTMENT OF DEFENSE barment official under paragraph (1) to sus- by the Under Secretary pursuant to section 806 OFFICIALS SEEKING EMPLOYMENT pend, debar, or enter into any administrative of the National Defense Authorization Act for WITH DEFENSE CONTRACTORS. agreement with any person or entity based on Section 847(b) of the National Defense Author- Fiscal Year 2012 (Public Law 112–81; 125 Stat. additional information or changed cir- ization Act for Fiscal Year 2008 (Public Law 1487; 10 U.S.C. 2302 note). cumstances. All cases, whether based on referral 110–181; 10 U.S.C. 1701 note) is amended by add- (b) ELEMENTS.—The strategy required by sub- or internally developed, shall be documented ing at the end the following new paragraph: section (a) shall, at a minimum— prior to closure by the suspension and debar- ‘‘(3) PUBLIC AVAILABILITY OF INFORMATION.— (1) establish standards for the timeliness and ment official. The Secretary of Defense shall make available completeness of past performance submissions (7) Each suspension and debarment official online to the public any information contained for purposes of databases described in sub- under paragraph (1) shall, in consultation with in the database or repository required under section (a); the General Counsel of the covered agency con- paragraph (1) that is not confidential, personal, (2) assign responsibility and management ac- cerned, establish in writing policies for the con- or proprietary in nature.’’. countability for the completeness of past per- sideration of the following: formance submissions for such purposes; and Subtitle E—Other Matters (A) Referrals of suspension and debarment (3) ensure that past performance submissions SEC. 881. REQUIREMENTS AND LIMITATIONS FOR matters. for such purposes are consistent with award fee SUSPENSION AND DEBARMENT OFFI- (B) Suspension and debarment matters that evaluations in cases where such evaluations CIALS OF THE DEPARTMENT OF DE- are not referred. have been conducted. FENSE, THE DEPARTMENT OF STATE, (b) COVERED AGENCY DEFINED.—In subsection (c) CONTRACTOR COMMENTS.—Not later than AND THE UNITED STATES AGENCY (a), the term ‘‘covered agency’’ means the fol- 180 days after the date of the enactment of this FOR INTERNATIONAL DEVELOP- MENT. lowing: Act, the Federal Acquisition Regulation shall be (1) The Department of Defense. (a) IN GENERAL.—Not later than 180 days revised to require the following: after the date of the enactment of this Act, the (2) The Department of State. (1) That affected contractors are provided, in (3) The United States Agency for Inter- head of the covered agency concerned shall en- a timely manner, information on contractor per- national Development. sure the following: formance to be included in past performance (c) DUTIES OF INTERAGENCY COMMITTEE ON (1) There shall be not less than one suspension databases in accordance with subsection (a). DEBARMENT AND SUSPENSION.—Section 873 of and debarment official— (2) That such contractors are afforded up to (A) in the case of the Department of Defense, the Duncan Hunter National Defense Author- 14 calendar days, from the date of delivery of for each of the Department of the Army, the De- ization Act for Fiscal Year 2009 (31 U.S.C. 6101 the information provided in accordance with partment of the Navy, the Department of the Air note) is amended— (1) in subsection (a)— paragraph (1), to submit comments, rebuttals, or Force, and the Defense Logistics Agency; additional information pertaining to past per- (B) for the Department of State; and (A) in paragraph (1), by inserting ‘‘, including formance for inclusion in such databases. (C) for the United States Agency for Inter- with respect to contracts in connection with (3) That agency evaluations of contractor past national Development. contingency operations’’ before the semicolon; performance, including any information sub- (2) A suspension and debarment official under and mitted under paragraph (2), are included in the paragraph (1) may not report to or be subject to (B) in paragraph (7)— relevant past performance database not later the supervision of the acquisition office or the (i) in subparagraph (B), by striking ‘‘and’’ at than the date that is 14 days after the date of Inspector General of— the end; delivery of the information provided in accord- (A) in the case of the Department of Defense, (ii) in subparagraph (C), by striking the pe- ance with paragraph (1). either the Department of Defense or the military riod at the end and inserting a semicolon; and (d) CONSTRUCTION.—Nothing in this section department or Defense Agency concerned; and (iii) by adding at the end the following new shall be construed to prohibit a contractor from (B) in the case of any other covered agency, subparagraphs submitting comments, rebuttals, or additional the acquisition office or the Inspector General of ‘‘(D) a summary of suspensions, debarments, information pertaining to past performance such agency. and administrative agreements during the pre- after the period described in subsection (c)(2) (3)(A) Except as provided in subparagraph vious year; and has elapsed or to prohibit a contractor from (B), the duties of a suspension and debarment ‘‘(E) a summary of referrals of suspension and challenging a past performance evaluation in official under paragraph (1) may include only debarment matters received during the previous accordance with applicable laws, regulations, or the following: year, including an identification of the agencies procedures. (i) The direction, management, and oversight making such referrals and an assessment of the (e) COMPTROLLER GENERAL REPORT.—Not of suspension and debarment activities. timeliness of such referrals.’’; and later than 18 months after the date of the enact- (ii) The direction, management, and oversight (2) by striking subsection (b) and inserting the ment of this Act, the Comptroller General of the of fraud remedies activities. following new subsections: United States shall submit to the appropriate (iii) Membership and participation in the ‘‘(b) DATE OF SUBMITTAL OF ANNUAL RE- committees of Congress a report on the actions Interagency Committee on Debarment and Sus- PORTS.—The annual report required by sub- taken by the Federal Acquisition Regulatory pension in accordance with Executive Order No. section (a)(7) shall be submitted not later than Council pursuant to this section, including an 12549 and section 873 of the Duncan Hunter Na- 120 days after the end of the first fiscal year assessment of the following: tional Defense Authorization Act for Fiscal ending after the date of the enactment of the (1) The extent to which the strategy required Year 2009 (as amended by this section). National Defense Authorization Act for Fiscal by subsection (a) is consistent with the strategy (B) The limitation in subparagraph (A) shall Year 2013, and annually thereafter. developed by the Under Secretary of Defense for not be construed to prohibit a suspension and ‘‘(c) DEFINITIONS.—In this section: Acquisition, Technology, and Logistics as de- debarment official under paragraph (1) from ‘‘(1) The term ‘contingency operation’ has the scribed in subsection (a)(2). providing authorized legal advice to the extent meaning given that term in section 101(a)(13) of (2) The extent to which the actions of the Fed- that the provision of such advice does not title 10, United States Code. eral Acquisition Regulatory Council pursuant to present a conflict of interest with the exercise of ‘‘(2) The term ‘Interagency Committee on De- this section have otherwise achieved the objec- the duties of the suspension and debarment offi- barment and Suspension’ means the committee tives of this section. cial under subparagraph (A). constituted under sections 4 and 5 of Executive (f) DEFINITIONS.—In this section: (4) Each suspension and debarment official Order No. 12549.’’. (1) The term ‘‘appropriate committees of Con- under paragraph (1) shall have a staff and re- SEC. 881A. ADDITIONAL BASES FOR SUSPENSION gress’’ means— sources adequate for the discharge of the sus- OR DEBARMENT. (A) the Committee on Armed Services, the pension and debarment responsibilities of such (a) IN GENERAL.—Not later than 180 days Committee on Foreign Relations, the Committee official. after the date of the enactment of this Act, the on Homeland Security and Governmental Af- (5) Each suspension and debarment official Federal Acquisition Regulation shall be revised fairs, and the Committee on Appropriations of under paragraph (1) shall document the basis to provide for the automatic referral of a person the Senate; and for any decision taken pursuant to a referral in described in subsection (b) to the appropriate (B) the Committee on Armed Services, the accordance with the policies established under suspension and debarment official for a deter- Committee on Foreign Affairs, the Committee on paragraph (7), including, but not limited to, the mination whether or not the person should be Oversight and Government Reform, and the following: suspended or debarred. Committee on Appropriations of the House of (A) Any decision to suspend or debar any per- (b) COVERED PERSONS.—A person described in Representatives. son or entity. this subsection is any person as follows: (2) The term ‘‘executive agency’’ has the (B) Any decision not to suspend or debar any (1) A person who has been charged with a meaning given that term in section 133 of title person or entity. Federal criminal offense relating to the award 41, United States Code, except that the term ex- (C) Any decision declining to pursue suspen- or performance of a contract of an executive cludes the Department of Defense and the mili- sion or debarment of any person or entity. agency. tary departments. (D) Any administrative agreement entered (2) A person who has been alleged, in a civil (3) The term ‘‘Federal Acquisition Regulatory with any person or persons in lieu of suspension or criminal proceeding brought by the United Council’’ means the Federal Acquisition Regu- or debarment of such person or entity. States, to have engaged in fraudulent actions in latory Council under section 1302(a) of title 41, (6) Any decision under subparagraphs (B) connection with the award or performance of a United States Code. through (D) of paragraph (5) shall not preclude contract of an executive agency.

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(3) A person that does not maintain an office (f) DEFINITIONS.—In this section: (2) the Committee on Armed Services, the Com- within the United States and has been deter- (1) The term ‘‘appropriate committees of Con- mittee on Foreign Affairs, the Committee on mined by the head of a contracting agency of an gress’’ means— Oversight and Government Reform, and the executive agency to have failed to pay or refund (A) the Committee on Armed Services, the Committee on Appropriations of the House of amounts due or owed to the Federal Government Committee on Foreign Relations, the Committee Representatives. on Homeland Security and Governmental Af- in connection with the performance of a con- SEC. 884. AUTHORITY TO PROVIDE FEE-FOR-SERV- tract of the executive agency. fairs, and the Committee on Appropriations of ICE INSPECTION AND TESTING BY (c) DEFINITIONS.—In this section: the Senate; and DEFENSE CONTRACT MANAGEMENT (1) The term ‘‘executive agency’’ has the (B) the Committee on Armed Services, the AGENCY FOR CERTAIN CRITICAL meaning given that term in section 133 of title Committee on Foreign Affairs, the Committee on EQUIPMENT IN THE ABSENCE OF A 41, United States Code. Oversight and Government Reform, and the PROCUREMENT CONTRACT. (2) The term ‘‘person’’ has the meaning given Committee on Appropriations of the House of (a) AUTHORITY.—Section 2539b of title 10, that term in section 1 of title 1, United States Representatives. United States Code, is amended— (2) The term ‘‘executive agency’’ has the Code. (1) in subsection (a)— SEC. 882. UNIFORM CONTRACT WRITING SYSTEM meaning given that term in section 133 of title REQUIREMENTS. 41, United States Code. (A) in paragraph (3), by striking ‘‘and’’ at the (a) UNIFORM STANDARDS AND CONTROLS RE- SEC. 883. COMPTROLLER GENERAL OF THE end; QUIRED.—Not later than 180 days after the date UNITED STATES REVIEW OF USE BY (B) in paragraph (4), by striking the period at of the enactment of this Act, the officials speci- THE DEPARTMENT OF DEFENSE, THE the end and inserting ‘‘; and’’; and fied in subsection (b) shall— DEPARTMENT OF STATE, AND THE (C) by adding at the end the following new (1) establish uniform data standards, internal UNITED STATES AGENCY FOR INTER- NATIONAL DEVELOPMENT OF UR- paragraph: control requirements, independent verification GENT AND COMPELLING EXCEPTION ‘‘(5) make available to any person or entity, in and validation requirements, and business proc- TO COMPETITION. advance of the award of a procurement con- ess rules for processing procurement requests, (a) REVIEW REQUIRED.—The Comptroller Gen- tract, through contracts or other appropriate ar- contracts, receipts, and invoices by the Depart- eral of the United States shall review each of rangements and subject to subsection (c), the ment of Defense or other executive agencies, as the following: services of the Defense Contract Management applicable; (1) The use by the Department of Defense of Agency for testing and inspection of items when (2) establish and maintain one or more ap- the unusual and compelling urgency exception such testing and inspection is determined by proved electronic contract writing systems that to full and open competition provided in section such Secretary to be critical to a specific pro- conform with the standards, requirements, and 2304(c)(2) of title 10, United States Code. gram of the Department of Defense.’’; rules established pursuant to paragraph (1); and (2) The use by each of the Department of (2) by redesignating subsections (c) and (d) as (3) require the use of electronic contract writ- State and the United States Agency for Inter- subsections (d) and (e), respectively; and ing systems approved in accordance with para- national Development of the unusual and com- graph (2) for all contracts entered into by the pelling urgency exception to full and open com- (3) by inserting after subsection (b) the fol- Department of Defense or other executive agen- petition provided in section 3304(a)(2) of title 41, lowing new subsection (c): cies, as applicable. United States Code. ‘‘(c) DCMA SERVICES.—Services of the De- (b) COVERED OFFICIALS.—The officials speci- (b) MATTERS TO BE REVIEWED.—The review of fense Contract Management Agency may be fied in this subsection are the following: the use of an unusual and compelling urgency made available under subsection (a)(5) only if (1) The Secretary of Defense, with respect to exception required by subsection (a) shall in- the contract or other arrangement for those the Department of Defense and the military de- clude a review of the following: services— partments. (1) The pattern of use of the exception by ac- ‘‘(1) holds the United States harmless if the (2) The Administrator of the Office of Federal quisition organizations within the Department items covered by the contract or other arrange- Procurement Policy, with respect to the execu- of Defense, the Department of State, and the ment (whether or not tested and inspected under tive agencies other than the Department of De- United States Agency for International Develop- the contract or other arrangement) are not sub- fense and the military departments. ment in order to determine which organizations sequently ordered by or delivered to the United (c) ELECTRONIC WRITING SYSTEMS FOR DE- are commonly using the exception and the fre- States under a procurement contract entered PARTMENT OF STATE AND USAID.—Notwith- quency of such use. into after the contract or other arrangement is standing subsection (b)(2), the Secretary of (2) The range of items or services being ac- entered into; and State and the Administrator of the United States quired through the use of the exception. ‘‘(2) holds the United States harmless against Agency for International Development may meet (3) The process for reviewing and approving any claim arising out of the inspection and test- the requirements of subsection (a)(2) with re- justifications involving the exception. spect to approved electronic contract writing (4) Whether the justifications for use of the ing, or the use in any commercial application, of systems for the Department of State and the exception typically meet the relevant require- the equipment tested and inspected by the De- United States Agency for International Develop- ments of the Federal Acquisition Regulation ap- fense Contract Management Agency under the ment, respectively, if the Secretary and the Ad- plicable to the use of the exception. contract or other arrangement.’’. ministrator, as the case may be, demonstrate to (5) The extent to which the exception is used (b) FEES.—Subsection (d) of such section, as the Administrator of the Office of Federal Pro- to solicit bids or proposals from only one source redesignated by subsection (a)(2) of this section, curement Policy that prior investment of re- and the extent to which such sole-source pro- is amended— sources in existing contract writing systems will curements are appropriately documented and (1) in the first sentence, by striking ‘‘and result in the most cost effective and efficient justified. (a)(4)’’ and inserting ‘‘, (a)(4), and (a)(5)’’; and means to satisfy such requirements. (6) The compliance of the Department of De- (2) in the second sentence— (d) PHASE-IN OF IMPLEMENTATION OF RE- fense, the Department of State, and the United (A) by inserting ‘‘, travel, and other inci- QUIREMENT FOR APPROVED SYSTEMS.—The offi- States Agency for International Development dental overhead expenses’’ after ‘‘salaries’’; and cials specified in subsection (b) may phase in with the requirements of section 2304(d)(3) of the implementation of the requirement to use title 10, United States Code, or section (B) by inserting ‘‘or inspection’’ before the pe- approved electronic contract writing systems in 3304(c)(1)(B) of title 41, United States Code, as riod at the end. accordance with subsection (a)(3) over a period applicable, that limit the duration of contracts (c) USE OF FEES.—Subsection (e) of such sec- of up to five years beginning with the date of awarded pursuant to the exception and require tion, as so redesignated, is amended by striking the enactment of this Act. approval for any such contract in excess of one ‘‘and (a)(4)’’ and inserting ‘‘, (a)(4), and (e) REPORTS.—Not later than 180 days after year. (a)(5)’’. the date of the enactment of this Act, the offi- (c) REPORT.—Not later than one year after the SEC. 885. DISESTABLISHMENT OF DEFENSE MA- cials specified in subsection (b) shall each sub- date of the enactment of this Act, the Comp- TERIEL READINESS BOARD. mit to the appropriate committees of Congress a troller General shall submit to the appropriate (a) DISESTABLISHMENT OF BOARD.—The De- report on the implementation of the require- committees of Congress a report on the review fense Materiel Readiness Board established pur- ments of this section. Each report shall, at a required by subsection (a), including a discus- suant to section 871 of the National Defense Au- minimum— sion of each of the matters specified in sub- thorization Act for Fiscal Year 2008 (Public Law (1) describe the standards, requirements, and section (b). The report shall include any rec- 110–181; 10 U.S.C. 117 note) is hereby disestab- rules established pursuant to subsection (a)(1); ommendations relating to the matters reviewed lished. (2) identify the electronic contract writing sys- that the Comptroller General considers appro- tems approved pursuant to subsection (a)(2) priate. (b) TERMINATION OF STRATEGIC READINESS and, if multiple systems are approved, explain (d) APPROPRIATE COMMITTEES OF CONGRESS FUND.—The Department of Defense Strategic why the use of such multiple systems is the most DEFINED.—In this section, the term ‘‘appro- Readiness Fund established by section 872(d) of efficient and effective approach to meet the con- priate committees of Congress’’ means— the National Defense Authorization Act for Fis- tract writing needs of the Federal Government; (1) the Committee on Armed Services, the Com- cal Year 2008 (10 U.S.C. 117 note) is hereby and mittee on Foreign Relations, the Committee on closed. (3) provide the schedule for phasing in the use Homeland Security and Governmental Affairs, (c) REPEAL.—Subtitle G of title VIII of the Na- of approved electronic contract writing systems and the Committee on Appropriations of the tional Defense Authorization Act for Fiscal in accordance with subsections (a)(3) and (d). Senate; and Year 2008 (10 U.S.C. 117 note) is repealed.

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00090 Fmt 4624 Sfmt 6333 E:\CR\FM\A12DE6.041 S12DEPT1 tjames on DSK6SPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — SENATE S7843 SEC. 886. MODIFICATION OF PERIOD OF WAIT lied foreign militaries, and those potential can- contracts under the Air Force’s Network-Centric FOLLOWING NOTICE TO CONGRESS didate small arms not necessarily in use mili- Solutions-2 (NETCENTS-2) indefinite-delivery, OF INTENT TO CONTRACT FOR tarily but available commercially. indefinite-quantity (IDIQ) contract. LEASES OF CERTAIN VESSELS AND (B) An assessment of the Department of De- (b) CONTENT.—The plan required under sub- VEHICLES. fense’s current plans to modernize its small arms section (a) shall include the following elements: Section 2401(h)(2) of title 10, United States capabilities. (1) A recommendation and rationale for a Code, is amended by striking ‘‘of continuous (C) A comparative evaluation of the Army’s maximum number of contractors to be eligible session of Congress’’. standard small arms ammunition with other for contract awards under NETCENTS-2 to fos- SEC. 887. EXTENSION OF OTHER TRANSACTION small arms ammunition alternatives. ter competition and reduce overall costs associ- AUTHORITY. (2) FACTORS TO CONSIDER.—The study re- ated with hardware and operation and mainte- Section 845(i) of the National Defense Author- quired under subsection (a) shall take into con- nance of Air Networks. ization Act for Fiscal Year 1994 (10 U.S.C. 2371 sideration the following factors: (2) The methodology used to periodically re- note) is amended by striking ‘‘September 30, (A) Current and future operating environ- view existing eligible NETCENTS-2 contractors 2013’’ and inserting ‘‘September 30, 2018’’. ments as specified or referred to in Department and contracts. SEC. 888. SUBCONTRACTOR NOTIFICATIONS. of Defense strategic guidance and planning doc- (3) A timeline to increase the current number Section 8(d) of the Small Business Act (15 uments. of eligible contractors under NETCENTS-2 and U.S.C. 637(d)) is amended by adding at the end (B) Modifications and improvements recently dates of future ‘‘on-ramps’’ under NETCENTS- the following: applied to United States general purpose and 2 to assess current eligible contractors and add ‘‘(13) NOTIFICATION REQUIREMENT.—An offer- special operations forces small arms as well as additional eligible contractors. or with respect to a contract let by a Federal their potential for continued modification and SEC. 889D. INCLUSION OF INFORMATION ON COM- agency that is to be awarded pursuant to the improvement. MON GROUNDS FOR SUSTAINING negotiated method of procurement that intends (C) Industrial base impacts. BID PROTESTS IN ANNUAL GOVERN- to identify a small business concern as a poten- (3) ACCESS TO INFORMATION.—The Secretary MENT ACCOUNTABILITY OFFICE RE- tial subcontractor in the offer relating to the of Defense and the Secretary of the Army shall PORTS TO CONGRESS. contract shall notify the small business concern ensure that the Federally Funded Research and The Comptroller General of the United States that the offeror intends to identify the small Development Center conducting the study re- shall include in the annual report to Congress business concern as a potential subcontractor in quired under subsection (a) has access to all on the Government Accountability Office each the offer. necessary data, records, analysis, personnel, year a list of the most common grounds for sus- ‘‘(14) REPORTING BY SUBCONTRACTORS.—The and other resources necessary to complete the taining protests relating to bids for contracts Administrator shall establish a reporting mecha- study. during such year. nism that allows a subcontractor to report (b) REPORT.— SEC. 889E. SMALL BUSINESS HUBZONES. fraudulent activity by a contractor with respect (1) IN GENERAL.—Not later than September 30, (a) DEFINITION.—In this section, the term to a subcontracting plan submitted to a procure- 2013, the Secretary of Defense shall submit to ‘‘covered base closure area’’ means a base clo- ment authority under paragraph (4)(B).’’. the congressional defense committees a report sure area that, on or before the date of enact- SEC. 889. REPORT BY THE SUSPENSION AND DE- containing the results of the study conducted ment of this Act, was treated as a HUBZone for BARMENT OFFICIALS OF THE MILI- under subsection (a), together with the com- purposes of the Small Business Act (15 U.S.C. TARY DEPARTMENTS AND THE DE- ments of the Secretary of Defense on the find- 631 et seq.) pursuant to section 152(a)(2) of the FENSE LOGISTICS AGENCY. ings contained in the study. Small Business Reauthorization and Manufac- (a) REPORT REQUIRED.—Not later than 60 (2) CLASSIFIED ANNEX.—The report shall be in turing Assistance Act of 2004 (15 U.S.C. 632 days after the date of the enactment of this Act, unclassified form, but may contain a classified note). the suspension and debarment official of each annex. (b) TREATMENT AS HUBZONE.— agency specified in subsection (b) shall submit (c) DEFINITIONS.—In this section: (1) IN GENERAL.—Subject to paragraph (2), a to the congressional defense committees a report (1) The term ‘‘small arms’’ means— covered base closure area shall be treated as a on the suspension and debarment activities of (A) firearms up to but not including .50 cal- HUBZone for purposes of the Small Business such official containing the information speci- iber; and Act (15 U.S.C. 631 et seq.) during the 5-year pe- fied in subsection (c). (B) shotguns. riod beginning on the date of enactment of this (b) COVERED AGENCIES.—The agencies speci- (2) The term ‘‘small arms ammunition’’ means Act. fied in this subsection are the following: ammunition or ordnance for— (2) LIMITATION.—The total period of time that (1) The Department of the Army. (A) firearms up to but not including .50 cal- a covered base closure area is treated as a (2) The Department of the Navy. iber; and HUBZone for purposes of the Small Business (3) The Department of the Air Force. (B) shotguns. Act (15 U.S.C. 631 et seq.) pursuant to this sec- (4) The Defense Logistics Agency. SEC. 889B. ANNUAL REPORT ON DEFENSE CON- tion and section 152(a)(2) of the Small Business (c) COVERED INFORMATION.—The information TRACTING FRAUD. Reauthorization and Manufacturing Assistance specified in this subsection to be included in the (a) ANNUAL STUDY AND REPORT.—The Sec- Act of 2004 (15 U.S.C. 632 note) may not exceed report of a suspension and debarment official retary of Defense shall conduct an annual 5 years. under subsection (a) is the following: study on defense contracting fraud and submit Subtitle F—Ending Trafficking in (1) The number of open suspension and debar- a report containing the findings of such study Government Contracting ment cases of such official as of the date of such to the congressional defense committees. SEC. 891. SHORT TITLE. report. (b) REPORT CONTENTS.—The report required (2) The current average processing time for under subsection (a) shall include with respect This subtitle may be cited as the ‘‘End Traf- suspension and debarment cases. to the most recent reporting period the following ficking in Government Contracting Act of 2012’’. (3) The target goal of such official for average elements: SEC. 892. DEFINITIONS. processing time for suspension and debarment (1) An assessment of the total value of Depart- In this subtitle: proposals. ment of Defense contracts entered into to with (1) COMMERCIAL SEX ACT.—The term ‘‘commer- (4) If the average time required for such offi- contractors that have been indicted for, settled cial sex act’’ has the meaning given the term in cial to process suspension and debarment pro- charges of, been fined by any Federal depart- section 22.1702 of the Federal Acquisition Regu- posals is more than twice the target goal speci- ment or agency for, or been convicted of fraud lation (or any similar successor regulation). fied under paragraph (3)— in connection with any contract or other trans- (2) EXECUTIVE AGENCY.—The term ‘‘executive (A) an explanation why the average time ex- action entered into with the Federal Govern- agency’’ has the meaning given the term in sec- ceeds the target goal by more than twice the tar- ment. tion 133 of title 41, United States Code. get goal; and (2) Recommendations by the Inspector General (3) SUBCONTRACTOR.—The term ‘‘subcon- (B) a description of the actions to be taken by of the Department of Defense or other appro- tractor’’ means a recipient of a contract at any such official to ensure that the average proc- priate Department of Defense official regarding tier under a grant, contract, or cooperative essing time for suspension and debarment pro- how to penalize contractors repeatedly involved agreement. posals meets the target goal. in fraud in connection with contracts or other (4) SUBGRANTEE.—The term ‘‘subgrantee’’ SEC. 889A. STUDY ON ARMY SMALL ARMS AND AM- transactions entered into with the Federal Gov- means a recipient of a grant at any tier under MUNITION ACQUISITION. ernment, including an update on implementa- a grant or cooperative agreement. (a) STUDY.— tion by the Department of any previous such (5) UNITED STATES.—The term ‘‘United States’’ (1) IN GENERAL.—Not later than 30 days after recommendations. has the meaning provided in section 103(12) of the Trafficking Victims Protection Act of 2000 the date of the enactment of this Act, the Sec- SEC. 889C. PLAN TO INCREASE NUMBER OF CON- retary of Defense shall enter into a contract TRACTORS ELIGIBLE FOR CON- (22 U.S.C. 7102(12)). with a Federally Funded Research and Develop- TRACTS UNDER AIR FORCE SEC. 893. CONTRACTING REQUIREMENTS. ment Center to conduct a study on the Army’s NETCENTS-2 CONTRACT. (a) IN GENERAL.—Section 106(g) of the Traf- acquisition of small arms and ammunition to de- (a) PLAN REQUIRED.—Not later than 180 days ficking Victims Protection Act of 2000 (22 U.S.C. termine each of the following: after the date of the enactment of this Act, the 7104(g)) is amended by striking ‘‘if the grantee (A) A comparative evaluation of the current Secretary of Defense shall submit to the congres- or any subgrantee,’’ and all that follows military small arms in use by United States gen- sional defense committees a plan to increase the through the period at the end and inserting the eral purpose and special operations forces, al- number of contractors eligible to be awarded following: ‘‘or take any of the other remedial

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00091 Fmt 4624 Sfmt 6333 E:\CR\FM\A12DE6.041 S12DEPT1 tjames on DSK6SPTVN1PROD with S7844 CONGRESSIONAL RECORD — SENATE December 12, 2012 actions authorized under section 895(c) of the cer upon request, and as appropriate, shall post the recipient; or any agent of the recipient or of End Trafficking in Government Contracting Act the useful and relevant contents of the plan or such a subcontractor or subgrantee, engaged in of 2012, if the grantee or any subgrantee, or the related materials on its website and at the work- any of the activities described in section 106(g) contractor or any subcontractor, engages in, or place. of the Trafficking Victims Protection Act of 2000 uses labor recruiters, brokers, or other agents (d) GUIDANCE.—The President, in consultation (22 U.S.C. 7104(g)), as amended by section 893, who engage in— with the Secretary of State, the Attorney Gen- to the head of the executive agency that award- ‘‘(i) severe forms of trafficking in persons; eral, the Secretary of Defense, the Secretary of ed the contract, grant, or cooperative agree- ‘‘(ii) the procurement of a commercial sex act Labor, the Secretary of Homeland Security, the ment. during the period of time that the grant, con- Administrator for the United States Agency for (2) DETERMINATION.—Upon receipt of an In- tract, or cooperative agreement is in effect; International Development, and the heads of spector General’s report pursuant to paragraph ‘‘(iii) the use of forced labor in the perform- such other executive agencies as the President (1), the head of the executive agency shall make ance of the grant, contract, or cooperative deems appropriate, shall establish minimum re- a written determination whether the recipient of agreement, or quirements for contractor plans and procedures a contract, grant, or cooperative agreement; any ‘‘(iv) acts that directly support or advance to be implemented pursuant to this section. subgrantee or subcontractor of the recipient; or trafficking in persons, including the following (e) REGULATIONS.—Not later than 270 days any agent of the recipient or of a subgrantee or acts: after the date of the enactment of this Act, the subcontractor, engaged in any of the activities ‘‘(I) Destroying, concealing, removing, confis- Federal Acquisition Regulation shall be amend- described in section 106(g) of the Trafficking cating, or otherwise denying an employee access ed to carry out the purposes of this section. Victims Protection Act of 2000 (22 U.S.C. to that employee’s identity or immigration docu- (f) EFFECTIVE DATE.—The requirements under 7104(g)), as amended by section 893. ments. subsection (a) and (c) shall apply to grants, (c) REMEDIAL ACTIONS.— ‘‘(II) Failing to pay return transportation contracts, and cooperative agreements entered (1) IN GENERAL.—If the head of an executive costs to an employee upon the end of employ- into on or after the date that is 90 days after the agency determines pursuant to subsection (b)(2) ment, unless— Federal Acquisition Regulation is amended pur- that the recipient of a contract, grant, or coop- ‘‘(aa) exempted from the duty to repatriate by suant to subsection (e). erative agreement; any subgrantee or subcon- the Federal department or agency providing or SEC. 895. MONITORING AND INVESTIGATION OF tractor of the recipient; or any agent of the re- entering into the grant, contract, or cooperative TRAFFICKING IN PERSONS. cipient or of a subgrantee or subcontractor, en- agreement; or (a) REFERRAL AND INVESTIGATION.— gaged in any of the activities described in sec- ‘‘(bb) the employee is a victim of human traf- (1) REFERRAL.—If the contracting or grant of- tion 106(g) of the Trafficking Victims Protection ficking seeking victim services or legal redress in ficer of an executive agency for a grant, con- Act of 2000 (22 U.S.C. 7104(g)), as amended by the country of employment or a witness in a tract, or cooperative agreement receives credible section 893, or is notified of an indictment for an human trafficking enforcement action. information that a recipient of the grant, con- offense under subsection (a)(3), the head of ‘‘(III) Soliciting a person for the purpose of tract, or cooperative agreement; any subgrantee agency shall consider taking one or more of the employment, or offering employment, by means or subcontractor of the recipient; or any agent following remedial actions: of materially false or fraudulent pretenses, rep- of the recipient or of such a subgrantee or sub- (A) Requiring the recipient to remove an em- resentations, or promises regarding that employ- contractor, has engaged in an activity described ployee from the performance of work under the ment. in section 106(g) of the Trafficking Victims Pro- grant, contract, or cooperative agreement. ‘‘(IV) Charging recruited employees unreason- tection Act of 2000 (22 U.S.C. 7104(g)), as amend- (B) Requiring the recipient to terminate a sub- able placement or recruitment fees, such as fees ed by section 893, including a report from a con- contract or subgrant. equal to or greater than the employee’s monthly tracting officer representative, an auditor, an (C) Suspending payments under the grant, salary, or recruitment fees that violate the laws alleged victim or victim’s representative, or any contract, or cooperative agreement until such of the country from which an employee is re- other credible source, the contracting or grant time as the recipient of the grant, contract, or cruited. officer shall promptly refer the matter to the cooperative agreement has taken appropriate re- ‘‘(V) Providing or arranging housing that agency’s Office of Inspector General for inves- medial action. fails to meet the host country housing and safe- tigation. The contracting officer may also direct (D) Withholding award fees, consistent with ty standards.’’. the contractor to take specific steps to abate an the award fee plan, for the performance period (b) EFFECTIVE DATE.—The amendment made alleged violation or enforce the requirements of in which the agency determined the contractor by subsection (a) shall take effect 90 days after a compliance plan implemented pursuant to sec- or subcontractor engaged in any of the activities the date of the enactment of this Act. tion 894. described in such section 106(g). SEC. 894. COMPLIANCE PLAN AND CERTIFI- (2) INVESTIGATION.—Where appropriate, an (E) Declining to exercise available options CATION REQUIREMENT. Inspector General who receives credible informa- under the contract. (a) REQUIREMENT.—The head of an executive tion that a recipient of the grant, contract, or (F) Terminating the contract for default or agency may not provide or enter into a grant, cooperative agreement; any subgrantee or sub- cause, in accordance with the termination contract, or cooperative agreement if the esti- contractor of the recipient; or any agent of the clause for the contract. mated value of the services required to be per- recipient or of such a subgrantee or subcon- (G) Referring the matter to the agency suspen- formed under the grant, contract, or cooperative tractor, has engaged in an activity described in sion and debarment official. agreement outside the United States exceeds section 106(g) of the Trafficking Victims Protec- (2) SAVINGS CLAUSE.—Nothing in this sub- $500,000, unless a duly designated representative tion Act of 2000 (22 U.S.C. 7104(g)), as amended section shall be construed as limiting the scope of the recipient of such grant, contract, or coop- by section 893, pursuant to a referral under of applicable remedies available to the Federal erative agreement certifies to the contracting or paragraph (1) or otherwise, shall promptly ini- Government. grant officer prior to receiving an award and on tiate an investigation of the matter. In the event (3) MITIGATING FACTOR.—Where applicable, an annual basis thereafter, after having con- that an Inspector General does not initiate an the head of an executive agency may consider ducted due diligence, that— investigation, the Inspector General shall pro- whether the contractor or grantee had a plan in (1) the recipient has implemented a plan to vide an explanation for the decision not to in- place under section 894, and was in compliance prevent the activities described in section 106(g) vestigate. with that plan at the time of the violation, as a of the Trafficking Victims Protection Act of 2000 (3) CRIMINAL INVESTIGATION.—If the matter is mitigating factor in determining which remedies, (22 U.S.C. 7104(g)), as amended by section 3, and referred to the Department of Justice for crimi- if any, should apply. is in compliance with that plan; nal prosecution, the Inspector General may sus- (4) AGGRAVATING FACTOR.—Where applicable, (2) the recipient has implemented procedures pend any investigation under this subsection the head of an executive agency may consider to prevent any activities described in such sec- pending the outcome of the criminal prosecu- the failure of a contractor or grantee to abate tion 106(g) and to monitor, detect, and terminate tion. If the criminal investigation results in an an alleged violation or enforce the requirements any subcontractor, subgrantee, or employee of indictment of the recipient of a contract, grant, of a compliance plan when directed by a con- the recipient engaging in any activities de- or cooperative agreement; any subgrantee or tracting officer pursuant to subsection (a)(1) as scribed in such section; and subcontractor of the recipient; or any agent of an aggravating factor in determining which (3) to the best of the representative’s knowl- the recipient or of a subgrantee or subcon- remedies, if any, should apply. edge, neither the recipient, nor any subcontractor, the Inspector General shall notify the (d) INCLUSION OF REPORT CONCLUSIONS IN tractor or subgrantee of the recipient or any head of the executive agency that awarded the FAPIIS.— agent of the recipient or of such a subcontractor contract, grant, or cooperative agreement of the (1) IN GENERAL.—The head of an executive or subgrantee, is engaged in any of the activities indictment. If the criminal investigation results agency shall ensure that any written determina- described in such section. in a decision not to prosecute, the Inspector tion under subsection (b) is included in the Fed- (b) LIMITATION.—Any plan or procedures im- General shall resume any investigation that was eral Awardee Performance and Integrity Infor- plemented pursuant to subsection (a) shall be suspended pursuant to this paragraph. mation System (FAPIIS). appropriate to the size and complexity of the (b) REPORT AND DETERMINATION.— (2) AMENDMENT TO TITLE 41, UNITED STATES grant, contract, or cooperative agreement and to (1) REPORT.—Upon completion of an inves- CODE.—Section 2313(c)(1)(E) of title 41, United the nature and scope of its activities, including tigation under subsection (a), the Inspector States Code, is amended to read as follows: the number of non-United States citizens ex- General shall submit a report on the investiga- ‘‘(E) In an administrative proceeding— pected to be employed. tion, including conclusions about whether the ‘‘(i) a final determination of contractor fault (c) DISCLOSURE.—The recipient shall provide a recipient of a grant, contract, or cooperative by the Secretary of Defense pursuant to section copy of the plan to the contracting or grant offi- agreement; any subcontractor or subgrantee of 823(d) of the National Defense Authorization

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Act for Fiscal Year 2010 (10 U.S.C. 2302 note; (5) by adding at the end the following new ‘‘(f) BUDGET AND FUNDING MATTERS.—(1) The Public Law 111–84); or clause: Council shall submit to Congress each year, at ‘‘(ii) a final determination, pursuant to sec- ‘‘(v) all trafficking in persons activities of the same time the budget of the President for the tion 895(b)(2) of the End Trafficking in Govern- contractors reported to the Under Secretary of fiscal year beginning in such year is submitted ment Contracting Act of 2012, that the con- Defense for Acquisition, Technology, and Logis- to Congress pursuant to section 1105(a) of title tractor, a subcontractor, or an agent of the con- tics;’’. 31, a certification whether or not the amounts tractor or subcontractor engaged in any of the SEC. 899. RULES OF CONSTRUCTION. requested for the National Nuclear Security Ad- activities described in section 106(g) of the Traf- (a) LIABILITY.—Excluding section 897, nothing ministration in such budget, and anticipated ficking Victims Protection Act of 2000 (22 U.S.C. in this subtitle shall be construed to supersede, over the four fiscal years following such budget, 7104(g)).’’. enlarge, or diminish the common law or statu- meets nuclear stockpile and stockpile steward- SEC. 896. NOTIFICATION TO INSPECTORS GEN- tory liabilities of any grantee, subgrantee, con- ship program requirements for such fiscal year ERAL AND COOPERATION WITH GOV- tractor, subcontractor, or other party covered by and over such four fiscal years. If a member of ERNMENT. section 106(g) of the Trafficking Victims Protec- the Council does not concur in a certification, (a) IN GENERAL.—The head of an executive tion Act of 2000 (22 U.S.C. 7104(g)), as amended the certification shall include the reasons for agency making or awarding a grant, contract, by section 893. the member’s non-concurrence. or cooperative agreement shall require that the (b) AUTHORITY OF DEPARTMENT OF JUSTICE.— ‘‘(2) If a House of Congress adopts a bill au- recipient of the grant, contract, or cooperative Nothing in this subtitle shall be construed as di- thorizing or appropriating funds for the Na- agreement— minishing or otherwise modifying the authority tional Nuclear Security Administration for nu- (1) immediately inform the Inspector General of the Attorney General to investigate activities clear stockpile and stockpile stewardship proof the executive agency of any information it recovered by this subtitle. gram activities or other activities that, as deter- ceives from any source that alleges credible in- (c) PROSPECTIVE EFFECT.—Nothing in this mined by the Council, provides insufficient formation that the recipient; any subcontractor subtitle, or the amendments made by this sub- funds for such activities for the period covered or subgrantee of the recipient; or any agent of title, shall be construed to apply to a contract or by such bill, the Council shall notify the con- the recipient or of such a subcontractor or subgrant entered into or renewed before the date of gressional defense committees of the determina- grantee, has engaged in conduct described in the enactment of this subtitle. tion.’’. section 106(g) of the Trafficking in Victims Pro- TITLE IX—DEPARTMENT OF DEFENSE SEC. 903. FAILURE OF THE DEPARTMENT OF DE- tection Act of 2000 (22 U.S.C. 7104(g)), as amend- ORGANIZATION AND MANAGEMENT FENSE TO OBTAIN AUDITS WITH AN ed by section 3 of this Act; and Subtitle A—Department of Defense UNQUALIFIED OPINION ON ITS FI- (2) fully cooperate with any Federal agencies NANCIAL STATEMENTS BY FISCAL responsible for audits, investigations, or correc- Management YEAR 2017. tive actions relating to trafficking in persons. SEC. 901. DEFINITION AND REPORT ON TERMS If the Department of Defense fails to obtain (b) EFFECTIVE DATE.—The amendment made ‘‘PREPARATION OF THE ENVIRON- an audit with an unqualified opinion on its fi- by subsection (a) shall take effect 90 days after MENT’’ AND ‘‘OPERATIONAL PREPA- nancial statements for fiscal year 2017, the fol- the date of the enactment of this Act. RATION OF THE ENVIRONMENT’’ FOR JOINT DOCTRINE PURPOSES. lowing shall take effect, effective as of the date SEC. 897. EXPANSION OF FRAUD IN FOREIGN (a) DEFINITIONS REQUIRED.—Not later than 90 of the issuance of the opinion on such audit: LABOR CONTRACTING TO INCLUDE (1) REORGANIZATION OF RESPONSIBILITIES OF ATTEMPTED FRAUD AND WORK OUT- days after the date of the enactment of this Act, CHIEF MANAGEMENT OFFICER.— SIDE THE UNITED STATES. the Secretary of Defense shall define for pur- (A) POSITION OF CHIEF MANAGEMENT OFFI- (a) IN GENERAL.—Section 1351 of title 18, poses of joint doctrine the following terms: CER.—Section 132a of title 10, United States United States Code, is amended— (1) The term ‘‘preparation of the environ- (1) by striking ‘‘Whoever knowingly and with ment’’. Code, is amended to read as follows: the intent to defraud recruits, solicits or hires a (2) The term ‘‘operational preparation of the ‘‘§ 132a. Chief Management Officer person outside the United States’’ and inserting environment’’. ‘‘(a) IN GENERAL.—(1) There is a Chief Man- ‘‘(a) WORK INSIDE THE UNITED STATES.—Who- (b) REPORT REQUIRED.—Not later than 180 agement Officer of the Department of Defense, ever knowingly and with the intent to defraud days after the date of the enactment of this Act, appointed from civilian life by the President, by recruits, solicits, or hires a person outside the the Secretary shall submit to the Committees on and with the advice and consent of the Senate. United States, or attempts to do so,’’; and Armed Services of the Senate and the House of ‘‘(2) Any individual nominated for appoint- (2) by adding at the end the following new Representatives a report on the terms defined ment as Chief Management Officer shall be an subsection: under subsection (a). The report shall include individual who has— ‘‘(b) WORK OUTSIDE THE UNITED STATES.— the following: ‘‘(A) extensive executive level leadership and Whoever knowingly and with intent to defraud (1) The definition of the term ‘‘preparation of management experience in the public or private recruits, solicits, or hires a person outside the the environment’’ pursuant to subsection (a). sector; (2) Examples of activities meeting the defini- United States, or attempts to do so, for purposes ‘‘(B) strong leadership skills; tion of the term ‘‘preparation of the environ- of employment performed on a United States ‘‘(C) a demonstrated ability to manage large ment’’ by special operations forces and general Government contract performed outside the and complex organizations; and purpose forces. United States, or on a United States military in- ‘‘(D) a proven record in achieving positive (3) The definition of the term ‘‘operational stallation or mission outside the United States operational results. preparation of the environment’’ pursuant to or other property or premises outside the United ‘‘(b) POWERS AND DUTIES.—The Chief Man- subsection (a). States owned or controlled by the United States agement Officer shall perform such duties and (4) Examples of activities meeting the defini- Government, by means of materially false or exercise such powers as the Secretary of Defense tion of the term ‘‘operational preparation of the fraudulent pretenses, representations, or prom- may prescribe. environment’’ by special operations forces and ises regarding that employment, shall be fined ‘‘(c) SERVICE AS CHIEF MANAGEMENT OFFI- general purpose forces. under this title or imprisoned for not more than CER.—(1) The Chief Management Officer is the 5 years, or both.’’. (5) An assessment of the appropriate roles of special operations forces and general purpose Chief Management Officer of the Department of (b) SPECIAL RULE FOR ALIEN VICTIMS.—No Defense. alien may be admitted to the United States pur- forces in conducting activities meeting the definition of the term ‘‘preparation of the environ- ‘‘(2) In serving as the Chief Management Offi- suant to subparagraph (U) of section 101(a)(15) cer of the Department of Defense, the Chief of the Immigration and Nationality Act (8 ment’’ and the definition of the term ‘‘operational preparation of the environment’’. Management Officer shall be responsible for the U.S.C. 1101(a)(15)) as a result of the alien being management and administration of the Depart- a victim of a crime described in subsection (b) of SEC. 902. EXPANSION OF DUTIES AND RESPON- SIBILITIES OF THE NUCLEAR WEAP- ment of Defense with respect to the following: section 1351 of title 18, United States Code, as ‘‘(A) The expenditure of funds, accounting, added by subsection (a). ONS COUNCIL. (a) GUIDANCE ON NUCLEAR COMMAND, CON- and finance. SEC. 898. IMPROVING DEPARTMENT OF DEFENSE TROL, AND COMMUNICATIONS SYSTEMS.—Sub- ‘‘(B) Procurement, including procurement of ACCOUNTABILITY FOR REPORTING any enterprise resource planning (ERP) system TRAFFICKING IN PERSONS CLAIMS section (d) of section 179 of title 10, United AND VIOLATIONS. States Code, is amended— and any information technology (IT) system Section 105(d)(7)(H) of the Trafficking Victims (1) by redesignating paragraph (10) as para- that is a financial feeder system, human re- Protection Act of 2000 (22 U.S.C. 7103(d)(7)(H)) graph (11); and sources system, or logistics system. is amended— (2) by inserting after paragraph (9) the fol- ‘‘(C) Facilities, property, nonmilitary equip- (1) in clause (ii), by striking ‘‘and’’ at the end; lowing new paragraph (10): ment, and other resources. (2) by redesignating clause (iii) as clause (iv); ‘‘(10) Providing programmatic guidance on ‘‘(D) Strategic planning, and annual perform- (3) by inserting after clause (ii) the following nuclear command, control and communications ance planning, and identification and tracking new clause: systems.’’. of performance measures. ‘‘(iii) all known trafficking in persons cases (b) BUDGET AND FUNDING MATTERS.—Such ‘‘(E) Internal audits and management anal- reported to the Under Secretary of Defense for section is further amended— yses of the programs and activities of the De- Personnel and Readiness;’’; (1) by redesignating subsection (f) as sub- partment, including the Defense Contract Audit (4) in clause (iv), as redesignated by para- section (g); and Agency. graph (2), by inserting ‘‘and’’ at the end after (2) by inserting after subsection (e) the fol- ‘‘(F) Such other areas or matters as the Sec- the semicolon; and lowing new subsection (f): retary of Defense may designate.

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‘‘(3) The head of the Defense Contract Audit (D) CONSTRUCTION.—Nothing in this para- ‘‘(D) The Commander of the Air Force Space Agency shall be under the supervision of, and graph shall be construed as terminating, alter- Command, who shall organize, train, and equip shall report directly to, the Chief Management ing, or revising any responsibilities or authori- forces to support the acquisition programs of the Officer. ties of the Defense Finance and Accounting Office. ‘‘(d) PRECEDENCE.—The Chief Management Service (other than responsibilities and authori- ‘‘(E) Such other officials (and their duties) as Officer takes precedence in the Department of ties in connection with the exercise of jurisdic- the Secretary of Defense considers appro- Defense after the Secretary of Defense and the tion of the Service following transfer under this priate.’’. Deputy Secretary of Defense.’’. paragraph). (f) TRANSFER OF FISCAL YEAR 2012 FUNDS.— (B) CONFORMING AMENDMENTS.— SEC. 904. INFORMATION FOR DEPUTY CHIEF MAN- (1) IN GENERAL.—To the extent provided in ap- (i) Section 131(b) of title 10, United States AGEMENT OFFICER OF THE DEPART- propriations Acts, the Secretary of the Air Force Code, is amended— MENT OF DEFENSE FROM THE MILI- may transfer from the funds described in para- (I) by striking paragraph (3); TARY DEPARTMENTS AND DEFENSE graph (2), $60,000,000 to other, higher priority (II) by redesignating paragraph (2) as para- AGENCIES FOR DEFENSE BUSINESS programs of the Air Force. SYSTEM INVESTMENT REVIEWS. graph (3); and (2) COVERED FUNDS.—The funds described in (III) by inserting after paragraph (1) the fol- Section 2222(g) of title 10, United States Code, this paragraph are amounts authorized to be lowing new paragraph (2): is amended by adding at the end the following appropriated for fiscal year 2012 by section 201 ‘‘(2) The Chief Management Officer of the De- new paragraph: of the National Defense Authorization Act for ‘‘(3)(A) The investment management process partment of Defense.’’. Fiscal Year 2012 (Public Law 112–81; 125 Stat. (ii) Section 132 of such title is amended— required by paragraph (1) shall include require- 1329) and available for Research, Development, (I) by striking subsection (c); and ments for the military departments and the De- Test, and Evaluation, Air Force, for the Weath- (II) by redesignating subsections (d) and (e) as fense Agencies to submit to the Deputy Chief er Satellite Follow On Program as specified in subsections (c) and (d), respectively. Management Officer such information on cov- the funding table in section 4201 of that Act. (iii) Section 133(e)(1) of such title is amended ered defense business system programs as the by striking ‘‘and the Deputy Secretary of De- (3) EFFECT ON AUTHORIZATION AMOUNTS.—A Deputy Chief Management Officer shall require transfer made from one account to another fense’’ and inserting ‘‘, the Deputy Secretary of for the review of defense business system pro- Defense, and the Chief Management Officer of under the authority of this subsection shall be grams under the process. Such information shall deemed to increase the amount authorized for the Department of Defense’’. be submitted to the Deputy Chief Management (iv) Such title is further amended by inserting the account to which the amount is transferred Officer in a standardized format established by by an amount equal to the amount transferred. ‘‘the Chief Management Officer of the Depart- the Deputy Chief Management Officer for pur- (4) CONSTRUCTION OF AUTHORITY.—The trans- ment of Defense,’’ after ‘‘the Deputy Secretary poses of this paragraph.’’ of Defense,’’ each place it appears in the provi- fer authority in this subsection is in addition to sions as follows: Subtitle B—Space Activities any other transfer authority provided in this (I) Section 133(e)(2). SEC. 911. OPERATIONALLY RESPONSIVE SPACE Act. (II) Section 134(c). PROGRAM OFFICE. (5) PROGRAM PLAN.—Not later than December (v) Section 137a(d) of such title is amended by (a) IN GENERAL.—Subsection (a) of section 31, 2012, the Secretary shall submit to the con- striking ‘‘the Secretaries of the military depart- 2273a of title 10, United States Code, is amended gressional defense committees a report setting ments,’’ and all that follows and inserting ‘‘the to read as follows: forth a program plan for higher priority pro- Chief Management Officer of the Department of ‘‘(a) IN GENERAL.—There is within the Air grams described in paragraph (1). Defense, the Secretaries of the military depart- Force Space and Missile Systems Center of the SEC. 912. COMMERCIAL SPACE LAUNCH COOPERA- ments, and the Under Secretaries of Defense.’’. Department of Defense an office known as the TION. (vi) Section 138(d) of such title is amended by Operationally Responsive Space Program Office (a) IN GENERAL.—Chapter 135 of title 10, striking ‘‘the Secretaries of the military depart- (in this section referred to as the ‘Office’). The United States Code, is amended by adding at the ments,’’ and all that follows through the period facilities of the Office may not be co-located end the following new section: with the headquarters facilities of the Air Force and inserting ‘‘the Chief Management Officer of ‘‘§ 2275. Commercial space launch cooperation the Department of Defense, the Secretaries of Space and Missile Systems Center.’’. the military departments, the Under Secretaries (b) HEAD OF OFFICE.—Subsection (b) of such ‘‘(a) AUTHORITY.—The Secretary of Defense of Defense, and the Director of Defense Re- section is amended by striking ‘‘shall be—’’ and may, to assist the Secretary of Transportation in search and Engineering.’’. all that follows and inserting ‘‘the designee of carrying out responsibilities set forth in title 51 (C) CLERICAL AMENDMENT.—The table of sec- the Department of Defense Executive Agent for with respect to private sector involvement in tions at the beginning of chapter 4 of such title Space. The head of the Office shall report to the commercial space activities and public-private is amended by striking the item relating to sec- Commander of the Air Force Space and Missile partnerships pertaining to space transportation tion 132a and inserting the following new item: Systems Center.’’. infrastructure, take the following actions: ‘‘132a. Chief Management Officer.’’. (c) MISSION.—Subsection (c)(1) of such section ‘‘(1) Maximize the use by the private sector in (D) EXECUTIVE SCHEDULE.—Section 5313 of is amended by striking ‘‘spacelift’’ and inserting the United States of the capacity of the space title 5, United States Code, is amended by add- ‘‘launch’’. transportation infrastructure of the Department ing at the end the following: (d) SENIOR ACQUISITION EXECUTIVE.—Para- of Defense. ‘‘Chief Management Officer of the Depart- graph (1) of subsection (e) of such section is ‘‘(2) Maximize the effectiveness and efficiency ment of Defense.’’. amended to read as follows: of the space transportation infrastructure of the (E) REFERENCE IN LAW.—Any reference in any ‘‘(1) The Program Executive Officer (PEO) for Department. provision of law to the Chief Management Offi- Space shall be the Acquisition Executive of the ‘‘(3) Reduce the cost of services provided by cer of the Department of Defense shall be Office and shall provide streamlined acquisition the Department related to space transportation deemed to refer to the Chief Management Offi- authorities for projects of the Office.’’. infrastructure at launch support facilities and cer of the Department of Defense under section (e) EXECUTIVE COMMITTEE.—Such section is space recovery support facilities. 132a of title 10, United States Code (as amended further amended by adding at the end the fol- ‘‘(4) Encourage commercial space activities by by this paragraph). lowing new subsection: enabling investment by covered entities in the (2) JURISDICTION OF DFAS.— ‘‘(g) EXECUTIVE COMMITTEE.—(1) The Sec- space transportation infrastructure of the De- (A) TRANSFER TO DEPARTMENT OF THE TREAS- retary of Defense shall establish for the Office partment. URY.—Jurisdiction of the Defense Finance and an Executive Committee (to be known as the ‘‘(5) Foster cooperation between the Depart- Accounting Service (DFAS) is transferred from ‘Operationally Responsive Space Executive ment and covered entities. the Department of Defense to the Department of Committee’) to provide coordination, oversight, ‘‘(b) AUTHORITY FOR CONTRACTS AND OTHER the Treasury. and approval of projects of the Office. AGREEMENTS RELATING TO SPACE TRANSPOR- (B) ADMINISTRATION.—The Secretary of the ‘‘(2) The Executive Committee shall consist of TATION INFRASTRUCTURE.—The Secretary of De- Treasury shall administer the Defense Finance the officials (and their duties) as follows: fense— and Accounting Service following transfer ‘‘(A) The Department of Defense Executive ‘‘(1) may enter into a contract or other agree- under this paragraph through the Financial Agent for Space, who shall serve as Chair of the ment with a covered entity to provide to the cov- Management Service of the Department of the Executive Committee and provide oversight, ered entity support and services related to the Treasury. prioritization, coordination, and resources for space transportation infrastructure of the De- (C) MEMORANDUM OF UNDERSTANDING.—The the Office. partment of Defense; and Secretary of Defense and the Secretary of the ‘‘(B) The Under Secretary of Defense for Ac- ‘‘(2) upon the request of that covered entity, Treasury shall jointly enter into a memorandum quisition, Technology, and Logistics, who shall may include such support and services in the of understanding regarding the transfer of juris- provide coordination and oversight of the Office space launch and reentry range support require- diction of the Defense Finance and Accounting and recommend funding sources for programs of ments of the Department if— Service under this paragraph. The memorandum the Office that exceed the approved program ‘‘(A) the Secretary determines that the inclu- of understanding shall provide for the transfer baseline. sion of such support and services in such re- of the personnel and other resources of the Serv- ‘‘(C) The Commander of the United States quirements— ice to the Department of the Treasury and for Strategic Command, who shall validate require- ‘‘(i) is in the best interest of the Federal Gov- the assumption of responsibility for such per- ments for systems to be acquired by the Office ernment; sonnel and resources by the Department of the and participate in approval of any acquisition ‘‘(ii) does not interfere with the requirements Treasury. program initiated by the Office. of the Department; and

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‘‘(iii) does not compete with the commercial of this Act, is further amended by adding at the ‘‘(f) DEFINITIONS.—In this section: space activities of other covered entities, unless end the following new section: ‘‘(1) COMPONENTS.—The term ‘components’, that competition is in the national security in- ‘‘§ 2276. Reports on integration of acquisition with respect to a major satellite acquisition pro- terests of the United States; and and capability delivery schedules for com- gram, refers to any satellites acquired under the ‘‘(B) any commercial requirement included in ponents for major satellite acquisition pro- program and the ground equipment and user that contract or other agreement has full non- grams and funding for such programs terminals necessary for the operation of those Federal funding before the execution of the con- ‘‘(a) REPORTS REQUIRED.—The Under Sec- satellites. tract or other agreement. retary of Defense for Acquisition, Technology, ‘‘(2) MAJOR SATELLITE ACQUISITION PRO- ‘‘(c) CONTRIBUTIONS.—(1) The Secretary of and Logistics shall submit to the congressional GRAM.—The term ‘major satellite acquisition Defense may enter into contracts or other agree- defense committees a report on each major sat- program’ means a major defense acquisition pro- ments with covered entities on a cooperative and ellite acquisition program in accordance with gram (as defined in section 2430 of this title) for voluntary basis to accept contributions of funds, subsection (d) that assesses— the acquisition of a satellite. services, and equipment to carry out this sec- ‘‘(1) the integration of the schedules for the ‘‘(3) MILESTONE B APPROVAL.—The term ‘Mile- tion. acquisition and the delivery of the capabilities stone B approval’ has the meaning given that ‘‘(2) Any funds, services, or equipment accept- of the components for the program; and term in section 2366(e)(7) of this title.’’. ed by the Secretary under this subsection— ‘‘(2) funding for the program. (b) CLERICAL AMENDMENT.—The table of sec- ‘‘(A) may be used only for the objectives speci- ‘‘(b) ELEMENTS.—Each report required by sub- tions at the beginning of chapter 135 of such fied in this section in accordance with terms of section (a) with respect to a major satellite ac- title, as so amended, is further amended by add- use set forth in the contract or other agreement quisition program shall include the following: ing at the end the following new item: entered into under this subsection; and ‘‘(1) The amount of funding approved for the ‘‘2276. Reports on integration of acquisition and ‘‘(B) shall be managed by the Secretary in ac- program and for each related program that is capability delivery schedules for cordance with regulations of the Department of necessary for the operational capability of the components for major satellite ac- Defense. program. quisition programs and funding ‘‘(3) A contract or other agreement entered ‘‘(2) The dates by which the program is antici- for such programs.’’. into under this subsection with a covered enti- pated to reach initial and full operational capa- SEC. 914. DEPARTMENT OF DEFENSE REPRESEN- ty— bility. TATION IN DISPUTE RESOLUTION ‘‘(A) shall address the terms of use, owner- ‘‘(3) An assessment of the extent to which the REGARDING SURRENDER OF DE- ship, and disposition of the funds, services, or schedules for the acquisition and the delivery of PARTMENT OF DEFENSE BANDS OF equipment contributed pursuant to the contract the capabilities of the components for the pro- ELECTROMAGNETIC FREQUENCIES. or other agreement; and gram or any related program referred to in para- Section 1062(b)(1) of the National Defense Au- ‘‘(B) shall include a provision that the cov- graph (1) are integrated. thorization Act for Fiscal Year 2000 (Public Law ered entity will not recover the costs of its con- ‘‘(4) If the Under Secretary determines pursu- 106–65; 113 Stat. 768; 47 U.S.C. 921 note) is tribution through any other contract or agree- ant to the assessment under paragraph (3) that amended— ment with the United States. the schedules for the acquisition and the deliv- (1) in subparagraph (A), by striking ‘‘and’’ at ‘‘(d) DEFENSE COOPERATION SPACE LAUNCH ery of the capabilities of the components for the the end; ACCOUNT.—(1) There is established on the books program, or a related program referred to in (2) in subparagraph (B), by striking the period of the Treasury a special account to be known paragraph (1), provide for the acquisition or the at the end and inserting ‘‘; and’’; and as the ‘Defense Cooperation Space Launch Ac- delivery of the capabilities of at least two of the (3) by adding at the end the following new count’. three components for the program or related subparagraph: ‘‘(2) Funds received by the Secretary of De- program more than one year apart, an identi- ‘‘(C) in the event of any dispute resolution fense under subsection (c) shall be credited to fication of— process involving the surrender of use of such ‘‘(A) the measures the Under Secretary is tak- the Defense Cooperation Space Launch Ac- band, the Department of Defense has adequate ing or is planning to take to improve the inte- count. representation to convey its views.’’. ‘‘(3) Amounts in the Department Defense Co- gration of those schedules; and operation Space Launch Account shall be avail- ‘‘(B) the risks and challenges that impede the Subtitle C—Intelligence-Related and Cyber able, to the extent provided in appropriation ability of the Department of Defense to fully in- Matters Acts, for costs incurred by the Department of tegrate those schedules. SEC. 921. AUTHORITY TO PROVIDE GEOSPATIAL ‘‘(c) CONSIDERATION BY MILESTONE DECISION Defense under subsection (c). Funds in the Ac- INTELLIGENCE SUPPORT TO SECU- AUTHORITY.—The Milestone Decision Authority count shall remain available until expended. RITY ALLIANCES AND INTER- shall include the report required by subsection NATIONAL AND REGIONAL ORGANI- ‘‘(e) ANNUAL REPORT.—Not later than Janu- ZATIONS. ary 31 each year, the Secretary of Defense shall (a) with respect to a major satellite acquisition (a) EXTENSION OF AUTHORITY TO SECURITY submit to the congressional defense committees a program as part of the documentation used to approve the acquisition of the program. ALLIANCES AND INTERNATIONAL AND REGIONAL report on the funds, services, and equipment ac- ‘‘(d) SUBMITTAL OF REPORTS.—(1) In the case ORGANIZATIONS.—Section 443(a) of title 10, cepted and used by the Secretary under this sec- of a major satellite acquisition program initiated United States Code, is amended by inserting ‘‘, tion during the previous fiscal year. before the date of the enactment of the National regional organizations with defense or security ‘‘(f) REGULATIONS.—The Secretary of Defense Defense Authorization Act for Fiscal Year 2013, components, and international organizations shall prescribe regulations to carry out this sec- the Under Secretary shall submit the report re- and security alliances of which the United tion. quired by subsection (a) with respect to the pro- States is a member’’ after ‘‘foreign countries’’. ‘‘(g) DEFINITIONS.—In this section: gram not later than one year after such date of (b) CONFORMING AND CLERICAL AMEND- ‘‘(1) COVERED ENTITY.—The term ‘covered entity’ means a non-Federal entity that— enactment. MENTS.— ‘‘(2) In the case of a major satellite acquisition ‘‘(A) is organized under the laws of the United (1) HEADING AMENDMENT.—The heading of program initiated on or after the date of the en- States or of any jurisdiction within the United section 443 of such title is amended to read as actment of the National Defense Authorization States; and follows: ‘‘(B) is engaged in commercial space activities. Act for Fiscal Year 2013, the Under Secretary ‘‘§ 443. Imagery intelligence and geospatial in- shall submit the report required by subsection ‘‘(2) LAUNCH SUPPORT FACILITIES.—The term formation: support for foreign countries, se- ‘launch support facilities’ has the meaning (a) with respect to the program at the time of curity alliances, and international and re- given that term in section 50501(7) of title 51. the Milestone B approval of the program. gional organizations’’. ‘‘(e) NOTIFICATION TO CONGRESS OF NON-INTE- ‘‘(3) SPACE RECOVERY SUPPORT FACILITIES.— GRATED ACQUISITION AND CAPABILITY DELIVERY (2) TABLE OF SECTIONS.—The table of sections The term ‘space recovery support facilities’ has at the beginning of subchapter I of chapter 22 of the meaning given that term in section 50501(11) SCHEDULES.—If, after submitting the report required by subsection (a) with respect to a major such title is amended by striking the item relat- of title 51. ing to section 443 and inserting the following ‘‘(4) SPACE TRANSPORTATION INFRASTRUC- satellite acquisition program, the Under Sec- retary determines that the schedules for the ac- new item: TURE.—The term ‘space transportation infra- ‘‘443. Imagery intelligence and geospatial infor- structure’ has the meaning given that term in quisition and the delivery of the capabilities of the components for the program, or a related mation: support for foreign coun- section 50501(12) of title 51.’’. tries, security alliances, and inter- (b) CLERICAL AMENDMENT.—The table of sec- program referred to in subsection (b)(1), provide for the acquisition or the delivery of the capa- national and regional organizations at the beginning of chapter 135 of such tions.’’. title is amended by adding at the end the fol- bilities of at least two of the three components for the program or related program more than SEC. 922. ARMY DISTRIBUTED COMMON GROUND lowing new item: SYSTEM. ‘‘2275. Commercial space launch cooperation.’’. one year apart, the Under Secretary shall, not (a) ASSIGNMENT OF RESPONSIBILITY FOR OVER- SEC. 913. REPORTS ON INTEGRATION OF ACQUI- later than 30 days after making that determina- SIGHT.—The Secretary of the Army shall assign SITION AND CAPABILITY DELIVERY tion, submit to the congressional defense com- SCHEDULES FOR COMPONENTS FOR mittees a report— responsibility for oversight of the development, MAJOR SATELLITE ACQUISITION ‘‘(1) notifying the committees of that deter- acquisition, testing, and fielding of the Distrib- PROGRAMS AND FUNDING FOR SUCH mination; and uted Common Ground System (DCGS) cloud PROGRAMS. ‘‘(2) identifying the measures the Under Sec- computing program of the Army to the Chief In- (a) IN GENERAL.—Chapter 135 of title 10, retary is taking or is planning to take to im- formation Officer of the Army ((CIO)/G–6). United States Code, as amended by section 912 prove the integration of those schedules. (b) REVIEW OF PROGRAM.—

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(1) IN GENERAL.—Not later than December 1, (B) if the Secretary determines that the num- WARE.—The Under Secretary of Defense for Ac- 2012, the Chief Information Officer shall submit ber of personnel so required will not be so met quisition, Technology, and Logistics shall, in to the Secretary a report on a review of the Dis- (whether because of insufficient numbers of per- coordination with the Chief Information Officer tributed Common Ground System cloud com- sonnel in billets to be reassigned or because per- of the Department of Defense, develop a computing program of the Army conducted by the sonnel available for reassignment cannot be prehensive program for improvements of the se- Chief Information Officer for purposes of this trained or directed to tasks related to offensive curity, quality, and competition in the computer section. operations), take appropriate actions to ensure software procured by the Department of Defense (2) ELEMENTS.—The report shall include the the availability to the United States Cyber Com- for covered systems following: mand of appropriate numbers of personnel (b) UPDATE OF DEVELOPMENT AND ACQUISI- (A) An assessment of the program in compari- qualified to undertake tasks related to offensive TION MODELS.— son with commercial products, if applicable, operations. (1) IN GENERAL.—The Under Secretary of De- with respect to each of the following: (3) ADDITIONAL ELEMENTS.—In developing the fense for Acquisition, Technology, and Logistics (i) The effectiveness of analyst tools, user plan required by paragraph (1), the Secretary shall, in coordination with the Chief Informa- interfaces, and data visualization in supporting shall also— tion Officer, provide for the development of up- analyst missions and requirements. (A) identify targets for the number of per- dates and improvements to one or more existing (ii) Training requirements for analysts. sonnel to be reassigned to tasks related to offen- best-practice development and acquisition mod- (iii) Ease of use for analysts. sive cyber operations, and the rate at which els (such as the Capability Maturity Model Inte- (iv) Rates of progress in developing analyst such personnel shall be added to the workforce gration) in order to provide explicit guidance tools and linking tools for standard workflows. for such tasks; and under such model or models for improved assur- (B) An assessment of the soundness of the (B) identify targets for use of National Guard ance, security, quality, and resiliency in the past decisions of the Army, and the future plans personnel to support cyber workforce rational- computer software developed and procured by of the Army, for acquiring and integrating ana- ization and the actions taken under subsection the Department. lyst tools, user interfaces, and data visualiza- (a). (2) ELEMENTS.—Any update or improvement to tion capabilities through government-sponsored (4) SUBMITTAL TO CONGRESS.—The Secretary a development and acquisition model under this custom development, leasing of commercial solu- shall submit the plan required by paragraph (1) subsection shall— tions, and government open source development. to the congressional defense committees at the (A) include diagnostic methods that enable (C) Such recommendations regarding the pro- time of the submittal to Congress of the budget evaluations of conformance to the processes and gram as the Chief Information Officer considers of the President for fiscal year 2014 pursuant to best practices of the model for achieving quality, appropriate in light of the review under this section 1105(a) of title 31, United States Code. assurance, and security throughout the life subsection. SEC. 924. NEXT-GENERATION HOST-BASED CYBER cycle of software products concerned; and SEC. 923. RATIONALIZATION OF CYBER NET- SECURITY SYSTEM FOR THE DE- (B) be compatible with the variety of current WORKS AND CYBER PERSONNEL OF PARTMENT OF DEFENSE. agile and incremental software development THE DEPARTMENT OF DEFENSE. (a) STRATEGY FOR ACQUISITION OF SYSTEM RE- methodologies. (a) IN GENERAL.—The Secretary of Defense QUIRED.—The Chief Information Officer of the (c) REQUIREMENTS FOR SECURE CODE DEVEL- shall take appropriate actions to substantially Department of Defense shall, in coordination OPMENT PRACTICES.—The Under Secretary shall, reduce the number of sub-networks and network with the Under Secretary of Defense for Acqui- in coordination with the Chief Information Offi- enclaves across the Department of Defense, and sition, Technology, and Logistics, develop a cer— the associated security and access management strategy to acquire next-generation host-based (1) direct the Director of the Defense Informa- controls, in order to achieve the following objec- cybersecurity tools and capabilities (in this section Systems Agency to modify the Application tives for the Department: tion referred to as a ‘‘next-generation system’’) Security and Development Security Technical (1) Visibility for the United States Cyber Com- for the Department of Defense. Implementation Guide (STIG) to require (rather mand in the operational and security status of (b) ELEMENTS OF SYSTEM.—It is the sense of than highly recommend) the use of automated all networks, network equipment, and com- Congress that any next-generation system ac- static vulnerability analysis tools in the computers. quired under the strategy required by subsection puter software code development phase, and in (2) Elimination of redundant network security (a) should meet the following requirements: development and operational testing, to identify infrastructure and personnel. (1) To overcome problems and limitations in and remediate security vulnerabilities for cov- (3) Rationalization and consolidation of cyber current capabilities, the system should not rely ered systems; attack detection, diagnosis, and response re- on anti-virus or signature-based threat detec- (2) develop a list of qualified government and sources, and elimination of gaps in security cov- tion techniques that— private-sector static analysis tools and third- erage. (A) cannot address new or rapidly morphing party testing organizations to support the re- (4) Reduction of barriers to information shar- threats: quirement under paragraph (1); (B) consume substantial amounts of commu- ing and enhancement of the capacity to rapidly (3) direct the Director— create collaborative communities of interest. nications capacity to remain current with (A) to designate secure software coding stand- (5) Enhancement of access to information known threats and to report current status; or ards; and (C) consume substantial amounts of resources through authentication-based and identity- (B) to modify the Security Technical Imple- to store rapidly growing threat libraries. based access controls. mentation Guide to reference the approved (2) The system should provide an open archi- (6) Enhancement of the capacity to deploy, standards; and tecture-based framework for so-called ‘‘plug- and achieve access to, enterprise-level services. (4) develop guidance and direction for Depart- and-play’’ integration of a variety of types of (7) Separation of server and end-user device ment program managers to require government deployable tools in addition to cyber intrusion computing to facilitate server and data center software development and maintenance organi- consolidation and a more secure tiered and detection tools, including tools for— (A) insider threat detection; zations and contractors to identify and imple- zoned network architecture. (B) continuous monitoring and configuration ment, through contract statements of work, a se- (b) PERSONNEL PLAN.— management; cure software coding plan that includes (1) IN GENERAL.—As part of the actions taken (C) remediation following infections; and verifiable processes and practices. under subsection (a), the Secretary shall estab- (D) protection techniques that do not rely on (d) VERIFICATION OF EFFECTIVE IMPLEMENTA- lish and carry out a plan to reassign personnel detection of the attack, such as virtualization, TION.—The Under Secretary shall, in coordina- billets currently allocated to network operations and diversification of attack surfaces. tion with the Chief Information Officer, develop and security that will become available pursu- (3) The system should be designed for ease of guidance and direction for Department program ant to the reduction in network enclaves re- deployment to potentially millions of host de- managers for covered systems to do as follows: quired by that subsection to tasks related to po- vices of tailored security solutions depending on (1) To require evidence that government soft- tential offensive cyber operations in order to need and risk, and to be compatible with cloud- ware development and maintenance organiza- achieve an appropriate balance between the of- based, thin-client, and virtualized environments tions and contractors are conforming in com- fensive and defensive missions of the United as well as battlefield devices and weapons sys- puter software coding to— States Cyber Command and its components. The tems. (A) approved secure coding standards of the plan shall include targets for the number of per- (c) SUBMITTAL TO CONGRESS.—The Chief In- Department during software development, up- sonnel to be reassigned to tasks related to offen- formation Office shall submit to Congress a re- grade and maintenance activities, including sive operations, and the rate at which such per- port setting forth the strategy required by sub- through the use of inspection and appraisals; sonnel shall be added to the workforce for such section (a) together with the budget justification (B) an applicable best practice development tasks. materials of the Department of Defense sub- and acquisition model; and (2) DISPOSITION OF PERSONNEL.—In developing mitted to Congress with the budget of the Presi- (C) the requirement established pursuant to the plan required by paragraph (1), the Sec- dent for fiscal year 2015 pursuant to section subsection (b)(1). retary shall— 1105(a) of title 31, United States Code. (2) To make appropriate use of authorized (A) determine whether the number of per- SEC. 925. IMPROVEMENTS OF SECURITY, QUAL- software code assessment centers (whether a sonnel required to be reassigned to tasks related ITY, AND COMPETITION IN COM- government center, Federally funded research to offensive operations in order to achieve the PUTER SOFTWARE PROCURED BY and development center, or government con- balance described in paragraph (1) will be met, THE DEPARTMENT OF DEFENSE. tractor) to evaluate applications and software in pace and numbers, through the reassignment (a) COMPREHENSIVE PROGRAM ON IMPROVE- products for conformance to secure coding re- of personnel billets pursuant to the plan; and MENT OF PROCUREMENT OF COMPUTER SOFT- quirements.

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(e) STUDY ON ADDITIONAL MEANS OF IMPROV- (ii) the data link should be converted to an the Defense Advanced Research Projects Agency ING SOFTWARE SECURITY.— open architecture, or a different data link shall each provide the Director such information (1) IN GENERAL.—The Under Secretary shall, standard should be adopted to enable such com- and support as the Director shall require for the in coordination with the Chief Information Offi- petition; development of the plan. cer, provide for a study of potential mechanisms (C) for each data link system for which com- (b) DEVELOPMENT AND DEPLOYMENT.—In ad- for obtaining higher quality and secure develop- petition is determined advisable under clause (i) dition to the responsibility under subsection (a), ment of computer software for the Department. or (ii) of subparagraph (B), develop a plan (with the Director of the Intelligence, Surveillance, (2) MECHANISMS TO BE STUDIED.—The mecha- specific objectives, actions, and schedules) to and Reconnaissance Task Force shall also co- nisms studied under paragraph (1) may include achieve such competition, including a plan to ordinate funding, provide acquisition oversight, the following: address any policy, legal, programmatic, or coordinate system deployment, and synchronize (A) Liability for defects or vulnerabilities in technical barriers to such competition; and operational integration in support of combat op- software code. (D) for each data link system for which com- erations for purposes of the development and de- (B) So-called ‘‘clawback’’ provisions on petition is determined not advisable under sub- ployment of the capability described in that sub- earned fees that enable the Department to re- paragraph (B), prepare a justification for the section. coup funds for security vulnerabilities discov- determination that it is not practical to conduct SEC. 928. COLLECTION AND ANALYSIS OF NET- ered after software is delivered. such competition or to convert the data link WORK FLOW DATA. (C) Exemption from liability for rigorous con- standard to open architecture or adopt a dif- (a) DEVELOPMENT OF TECHNOLOGIES.—The formance with secure development processes. ferent data link standard for which competition Chief Information Officer of the Department of (D) Warranties against software defects and is feasible. Defense may, in coordination with the Under vulnerabilities. (2) ELEMENT OF BUSINESS CASE ANALYSES.—In Secretary of Defense for Policy and the Under (f) SOFTWARE REPOSITORIES AND COLLABO- conducting a business case analysis for purposes Secretary of Defense for Intelligence and acting RATIVE DEVELOPMENT ENVIRONMENTS.—The of paragraph (1)(B), the Under Secretary shall through the Director of the Defense Information Under Secretary shall, in consultation with the solicit the views of industry on the merits and Systems Agency (DISA), use the available fund- Chief Information Officer— feasibility of introducing competition for the ing and research activities and capabilities of (1) establish or require the use of one or more maintenance, upgrade, new deployment, or re- the Community Data Center of the Defense In- existing computer software repositories and col- placement for the data link system in question. formation Systems Agency to develop and dem- laborative computer software development envi- (b) EARLIER ACTIONS.—If the Under Secretary onstrate collection, processing, and storage tech- ronments (such as Forge.mil managed by the completes any portion of the plan described in nologies for network flow data that— Defense Information Systems Agency) for cov- subsection (a)(1)(C) before December 1, 2013, the (1) are potentially scalable to the volume used ered systems for purposes of— Secretary may commence action on such portion by Tier 1 Internet Service Providers (ISPs) to (A) storing software code owned by the gov- of the plan upon completion of such portion, in- collect and analyze the flow data across their ernment, or to which it has use rights, together cluding publication of such portion of the plan. networks; with all associated documentation and quality (c) REPORTS.— (2) will substantially reduce the cost and com- and security test results; (1) SUBMITTAL OF PLAN TO CONGRESS.—The plexity of capturing and analyzing high vol- (B) minimizing duplicative investment in soft- Under Secretary shall submit to Congress the umes of flow data; and (3) support the capability— ware code development infrastructure while pro- plan described in subsection (a)(1)(C) at the (A) to detect and identify cybersecurity moting common, high-quality development prac- same time the budget of the President for fiscal year 2015 is submitted to Congress pursuant to threats, networks of compromised computers, tices and facilitating sharing of best practices; and command and control sites used for man- and section 1105(a) of title 31, United States Code. The Under Secretary shall include with the aging illicit cyber operations and receiving in- (C) promoting software re-use and competition formation from compromised computers; for software capability insertion, upgrades, and plan— (A) a list of the data link systems covered by (B) track illicit cyber operations for attribu- maintenance; tion of the source; and (2) establish rules and procedures for deposi- subsection (a)(1)(C); (B) a list of the data link systems covered by (C) provide early warning and attack assess- tors in the repositories and environments pro- ment of offensive cyber operations. vided for under paragraph (1) to keep the soft- subsection (a)(1)(D); and (C) for each data link system covered by sub- (b) COORDINATION.—Any research and devel- ware code base current, if the depositors are not section (a)(1)(D), the justification prepared opment required in the development of the tech- already using such a repository or environment under that subsection with respect to the data nologies described in subsection (a) shall be con- for software development and life-cycle manage- link system. ducted in cooperation with the heads of other ment; and (2) COMPTROLLER OF THE UNITED STATES AS- appropriate departments and agencies of the (3) ensure that the repositories and environ- SESSMENT.—Not later than 90 days after the sub- Federal Government and, whenever feasible, ments provided for under paragraph (1) provide mittal to Congress under paragraph (1) of the Tier 1 Internet Service Providers. automated tools for software reverse engineer- plan described in subsection (a)(1)(C), the SEC. 929. DEPARTMENT OF DEFENSE USE OF NA- ing, functionality analysis, and static and dy- Comptroller General of the United States shall TIONAL SECURITY AGENCY CLOUD namic vulnerability analysis of source code and COMPUTING DATABASE AND INTEL- submit to Congress a report setting forth the as- LIGENCE COMMUNITY CLOUD COM- binary code in order to enable users to search sessment of the Comptroller General of the plan, for software relevant to their requirements, un- PUTING INFRASTRUCTURE AND including an assessment of the adequacy and SERVICES. derstand what the code does and how it func- objectives of the plan. (a) LIMITATION ON USE OF NSA DATABASE.— tions, and assess its quality and security. SEC. 927. INTEGRATION OF CRITICAL SIGNALS IN- (1) LIMITATION.—No component of the Depart- (g) COVERED SYSTEMS DEFINED.—In this sec- TELLIGENCE CAPABILITIES. ment of Defense may utilize the cloud computing tion, the term ‘‘covered systems’’ means any De- (a) PLAN FOR INTEGRATION REQUIRED.— database developed by the National Security partment of Defense critical information systems (1) IN GENERAL.—Not later than January 1, Agency (NSA) called Accumulo after September and weapons systems, including— 2013, the Director of the Intelligence, Surveil- 30, 2013, unless the Chief Information Officer of (1) major systems, as that term is defined in lance, and Reconnaissance (ISR) Task Force the Department of Defense certifies one of the section 2302(5) of title 10, United States Code; shall develop a plan to rapidly achieve an oper- following: (2) national security systems, as that term is ationally integrated signals intelligence collec- (A) That there are no viable commercial open defined in section 3542(b)(2) of title 44, United tion and dissemination capability to meet resource databases with extensive industry sup- States Code; and quirements for detecting, tracking, and precisely port (such as the Apache Foundation HBase (3) Department of Defense information sys- geolocating high-band communications devices and Cassandra databases) that have security tems categorized as Mission Assurance Category in order to trigger the immediate observation features comparable to the Accumulo database I in Department of Defense Directive 8500.01E and tracking of high-value targets by imagery that are considered essential by the Chief Infor- that are funded by the Department of Defense. sensor by combining or integrating capabilities mation Officer for purposes of the certification SEC. 926. COMPETITION IN CONNECTION WITH that exist or are in development in ongoing pro- under this paragraph. DEPARTMENT OF DEFENSE DATA grams, including the following: (B) That the Accumulo database has become a LINK SYSTEMS. (A) The Guardrail program and the ARGUS successful Apache Foundation open source (a) COMPETITION IN CONNECTION WITH DATA A160 program of the Army. database with adequate industry support and LINK SYSTEMS.— (B) The Blue Moon quick reaction capability diversification, based on criteria to be estab- (1) IN GENERAL.—Not later than December 1, program of the Air Force. lished by the Chief Information Officer for pur- 2013, the Under Secretary of Defense for Acqui- (C) The Wide Area Network Detection proposes of the certification under this paragraph sition, Technology, and Logistics shall— gram of the Defense Advanced Research and submitted to the appropriate committees of (A) develop an inventory of all data link sys- Projects Agency (DARPA). Congress not later than January 1, 2013. tems in use and in development in the Depart- (2) CONSULTATION.—The Director shall con- (2) CONSTRUCTION.—The limitation in para- ment of Defense; sult with the National Security Agency, the graph (1) shall not apply to the National Secu- (B) conduct a business case analysis of each combatant commands (including the United rity Agency. data link system contained in the inventory States Special Operations Command), and the (b) ADAPTATION OF ACCUMULO SECURITY FEA- under subparagraph (A) to determine whether— formal wireless working groups of the intel- TURES TO HBASE DATABASE.—The Director of (i) the maintenance, upgrade, new deploy- ligence community in developing the plan. the National Security Agency shall take appro- ment, or replacement of such system should be (3) SUPPORT.—The Secretary of the Army, the priate actions to ensure that companies and or- open to competition; or Secretary of the Air Force, and the Director of ganizations developing and supporting open

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00097 Fmt 4624 Sfmt 6333 E:\CR\FM\A12DE6.041 S12DEPT1 tjames on DSK6SPTVN1PROD with S7850 CONGRESSIONAL RECORD — SENATE December 12, 2012 source and commercial open source versions of (A) The extent to which the requirements of (4) determine means by which the Department the Apache Foundation HBase and Cassandra the Department for electro-optical imagery from can achieve the greatest possible economies of databases, or similar systems, receive technical space can be satisfied by commercial companies scale and cost-savings in the procurement, use, assistance from government and contractor de- using either— and optimization of software licenses. velopers of software code for the Accumulo (i) current designs; or (b) PERFORMANCE PLAN.— database to enable adaptation and integration (ii) enhanced designs that could be developed (1) IN GENERAL.—If the Chief Information Of- of the security features of the Accumulo data- at low risk. ficer determines through an inventory con- base. (B) Whether a reduction by half in the ducted under subsection (a) that the number of (c) COORDINATION REGARDING DOD USE OF IN- amounts requested for the Enhanced View pro- existing software licenses, on an application-by- TELLIGENCE COMMUNITY CLOUD COMPUTING IN- gram for fiscal year 2013 from amounts re- application basis, of the Department and the quested for that program for fiscal year 2012 is FRASTRUCTURE AND SERVICES.— components of the Department exceeds the needs consistent with Presidential Space Policy of (1) IN GENERAL.—The Under Secretary of De- of the Department for such software licenses, fense for Acquisition, Technology, and Logis- June 2010, Presidential Policy Directive 4, appli- the Secretary of Defense shall, not later than 90 tics, the Chief Information Officer of the De- cable provisions of the Federal Acquisition Reg- days after the date of the completion of such in- partment of Defense, and the Chief Information ulation (10.001(a)(3)(ii) and 12.101(a)–(b)), and ventory, implement a plan to bring the number section 2377 of title 10, United States Code, re- Officer of each of the military departments shall of software licenses, on an application-by-appli- garding preferences for procuring commercial coordinate with the Director of National Intel- cation basis, into balance with the needs of the capabilities and modifying as necessary and fea- ligence and the Under Secretary of Defense for Department. sible commercial capabilities to meet government (2) EXCEPTIONS.—The Chief Information Offi- Intelligence regarding the use of cloud com- requirements, and for modifying government re- cer may exempt from coverage under a plan puting infrastructure and software services of- quirements to a reasonable extent to enable com- under paragraph (1) such applications or cat- fered by the intelligence community by compo- mercial or non-developmental products to meet egories of applications as the Chief Information nents of the Department of Defense for purposes government needs. Officer considers appropriate. Immediately upon other than intelligence analysis. (3) CONSULTATION AND OTHER RESOURCES.—In finalizing the applications or categories of ap- URPOSE.—The purpose of the coordina- (2) P preparing the assessment required by paragraph plications to be exempt from coverage under a tion required by paragraph (1) is to ensure that (1), the Director shall— plan, the Chief Information Officer shall submit Department use of cloud computing infrastruc- (A) consult widely with appropriate individ- to the congressional defense committees a report ture and software services described in that uals and entities, including Members and com- (in classified form, if required) setting forth the paragraph is cost-effective and consistent with mittees of Congress, the Office of Management applications or categories of applications to be the Information Technology Efficiencies initia- and Budget and other agencies and officials of exempt from coverage under the plan. tive, data center and server consolidation plans, the Government, private industry, and aca- SEC. 932. DEFENSE CLANDESTINE SERVICE. and cybersecurity requirements and policies of demia; and (a) PROHIBITION ON USE OF FUNDS FOR ADDI- the Department. (B) make maximum use of existing studies and TIONAL PERSONNEL.—Amounts authorized to be (d) APPROPRIATE COMMITTEES OF CONGRESS modeling and simulations conducted by or on appropriated by this Act for the Military Intel- DEFINED.—In this section, the term ‘‘appro- behalf of Members and committees of Congress, ligence Program (MIP) may not be obligated or priate committees of Congress’’ means— the Joint Staff, the Director of National Intel- expended to provide for a number of personnel (1) the Committees on Armed Services and Ap- ligence, the National Reconnaissance Office, the conducting or supporting human intelligence propriations and the Select Committee on Intel- National Geospatial-Intelligence Agency, pri- within the Department of Defense in excess of ligence of the Senate; and vate industry, and academia. the number of such personnel as of April 20, (2) the Committees on Armed Services and Ap- (4) ACCESS TO INFORMATION.—The Director of 2012. propriations and the Permanent Select Com- National Intelligence and the Secretary of De- (b) CAPE REPORT ON COSTS.—Not later than mittee on Intelligence of the House of Represent- fense shall each provide the staff of the Director 120 days after the date of the enactment of this atives. of the Congressional Budget Office with such Act, the Director of Cost Assessment and Pro- SEC. 930. ELECTRO-OPTICAL IMAGERY. access to information and programs applicable gram Evaluation of the Department of Defense (a) SUSTAINMENT OF COLLECTION CAPACITY.— to the assessment required by paragraph (1) as shall submit to the appropriate committees of The Secretary of Defense and the Director of the Director of the Congressional Budget Office Congress an independent estimate of the costs of National Intelligence shall jointly take appro- shall require for the preparation of the assess- the Defense Clandestine Service, whether fund- priate actions to sustain through fiscal year ment. ed through the Military Intelligence Program or 2013 the commercial electro-optical imaging col- (d) APPROPRIATE COMMITTEES OF CONGRESS the National Intelligence Program, including an lection capacity that was planned under the DEFINED.—In this section, the term ‘‘appro- estimate of the costs over the period of the cur- Enhanced View program approved in the Na- priate committees of Congress’’ means— rent future-years defense program and an esti- tional Defense Authorization Act for Fiscal (1) the Committees on Armed Services and Ap- mate of the out year costs. Year 2012 (Public Law 112–81) to be available to propriations and the Select Committee on Intel- (c) USDI REPORT ON DCS.— the Department of Defense though the Service ligence of the Senate; and (1) REPORT REQUIRED.—Not later than Feb- (2) the Committees on Armed Services and Ap- Level Agreements with commercial data pro- ruary 1, 2013, the Under Secretary of Defense propriations and the Permanent Select Com- viders. for Intelligence shall submit to the appropriate mittee on Intelligence of the House of Represent- committees of Congress a report on the Defense (b) IDENTIFICATION OF DEPARTMENT OF DE- atives. Clandestine Service. FENSE ELECTRO-OPTICAL IMAGERY REQUIRE- (e) FUNDING.—In addition to any other (2) ELEMENTS.—The report under paragraph MENTS.— amounts authorized to be appropriated by this (1) shall include the following: (1) REPORT.—Not later than April 1, 2013, the Act and available for Service Level Agreements (A) A detailed description of the location and Vice Chairman of the Joint Chiefs of Staff shall described in subsection (a), of the amounts au- schedule for current and anticipated deploy- submit to the Director of the Congressional thorized to be appropriated for fiscal year 2013 ments of case officers trained under the Field Budget Office a report setting forth a com- by section 301 for operation and maintenance Tradecraft Course, whether overseas or domesti- prehensive description of Department of Defense and available as specified in the funding table cally, and a certification whether or not such peacetime and wartime requirements for electro- in section 4301, $125,000,000 is available for such deployments can be accommodated and sup- optical imagery under current circumstances Service Level Agreements. ported. and under anticipated revisions of strategy and SEC. 931. SOFTWARE LICENSES OF THE DEPART- (B) A statement of the objectives for the effec- budgetary constraints. MENT OF DEFENSE. tive management of case officers trained under (2) SCOPE OF REQUIREMENTS.—The require- (a) AUDITS.—Not later than 180 days after the the Field Tradecraft Course for each of the ments under paragraph (1) shall— date of the enactment of this Act, and every two Armed Forces, the Defense Intelligence Agency, (A) be expressed in such terms as daily re- years thereafter, the Chief Information Officer and the United States Special Operations Com- gional and global area coverage and number of of the Department of the Defense shall, in con- mand, including objectives on numbers of tours point targets, resolution, revisit rates, mean-time sultation with chief information officers of the requiring training in the Field Tradecraft to access, latency, redundancy, survivability, military departments and the Defense Agen- Course and objectives for management of career and diversity; and cies— tracks and case officer covers. (B) take into consideration all types of im- (1) conduct an inventory of all existing soft- (C) A statement of the manner in which each agery and collection means available. ware licenses in favor of the Department of De- Armed Force, the Defense Intelligence Agency, (c) ASSESSMENT OF IDENTIFIED REQUIRE- fense, including licenses in use and licenses not and the United States Special Operations Com- MENTS.— in use, on an application-by-application basis; mand will each achieve the objectives applicable (1) IN GENERAL.—Not later than September 15, (2) compare the number of software licenses in thereto under subparagraph (B). 2013, the Director of the Congressional Budget use, and the manner of their use by Department (D) A copy of any memoranda of under- Office shall submit to the appropriate commit- employees, with the number of software licenses standing or memoranda of agreement between tees of Congress a report setting forth an assess- available to the Department and the product use the Department of Defense and other department by the Director of the report required by rights contained in such licenses; ments and agencies of the United States Govern- subsection (b). (3) assess the needs of the Department and the ment, or between components or elements of the (2) ELEMENTS.—The assessment required by components of the Department for software li- Department of Defense, that are required to im- paragraph (1) shall include an assessment of the censes during the two fiscal years next following plement objectives for the Defense Clandestine following: the date of the completion of the inventory; and Service.

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(d) DEFINITIONS.—In this section: (b) SENSE OF SENATE.—It is the sense of the (50 U.S.C. 401 et seq.) in a manner that affords (1) The term ‘‘appropriate committees of Con- Senate that the Department of Defense— deniability to the United States; and gress’’ means— (1) must ensure it maintains full visibility and (ii) a statement of whether the Secretary be- (A) the Committees on Armed Services and Ap- adequate control of its supply chain, including lieves it is appropriate either to appoint a line propriations and the Select Committee on Intel- subcontractors, in order to mitigate supply officer as the Director of the National Security ligence of the Senate; and chain exploitation; and Agency or to take the unprecedented step of ap- (B) the Committees on Armed Services and Ap- (2) needs the authority and capability to miti- pointing an intelligence officer as a unified com- propriations and the Permanent Select Com- gate supply chain risks to its information tech- mander; and mittee on Intelligence of the House of Represent- nology systems that fall outside the scope of Na- (4) believes that appropriate policy founda- atives. tional Security Systems. tions and standing rules of engagement must be (2) The term ‘‘future-years defense program’’ SEC. 935. SENSE OF CONGRESS ON THE UNITED in place before any decision to create a unified means the future-years defense program under STATES CYBER COMMAND. United States Cyber Command. section 221 of title 10, United States Code. (a) FINDINGS.—Congress makes the following SEC. 936. REPORTS TO DEPARTMENT OF DEFENSE SEC. 933. AUTHORITY FOR SHORT-TERM EXTEN- findings: ON PENETRATIONS OF NETWORKS SION OF LEASE FOR AIRCRAFT SUP- (1) On June 23, 2009, the Secretary of Defense AND INFORMATION SYSTEMS OF PORTING THE BLUE DEVIL INTEL- directed the Commander of the United States CERTAIN CONTRACTORS. LIGENCE, SURVEILLANCE, AND RE- (a) PROCESS FOR REPORTING PENETRATIONS.— CONNAISSANCE PROGRAM. Strategic Command to establish the United The Under Secretary of Defense for Intelligence (a) IN GENERAL.—Notwithstanding section States Cyber Command, which became oper- 2401 of title 10, United States Code, the Sec- ational on May 21, 2010, and operates as a sub- shall, in coordination with the officials specified retary of the Air Force may extend or renew the unified command subordinate to the United in subsection (c), establish a process by which lease of aircraft supporting the Blue Devil intel- States Strategic Command. cleared defense contractors shall report to ele- ligence, surveillance, and reconnaissance pro- (2) In May 2012, media reports indicated that ments of the Department of Defense designated gram after the date of the expiration of the cur- General Martin Dempsey, the Chairman of the by the Under Secretary for purposes of the proc- rent lease of such aircraft for a term that is the Joint Chiefs of Staff, planned to recommend to ess when a network or information system of shorter of— Secretary of Defense Leon Panetta that the two- such contractors designated pursuant to sub- (1) the period beginning on the date of the ex- year-old United States Cyber Command be ele- section (b) is successfully penetrated. piration of the current lease and ending on the vated to full combatant command status. (b) DESIGNATION OF NETWORKS AND INFORMA- date on which the Commander of the United (3) On August 14, 2012, General Keith Alex- TION SYSTEMS.—The Under Secretary of Defense States Central Command notifies the Secretary ander, the Commander of the United States for Intelligence shall, in coordination with the that a substitute is available for the capabilities Cyber Command and the Director of the Na- officials specified in subsection (c), establish cri- provided by the lease, or that the capabilities tional Security Agency, addressed the TechNet teria for designating the cleared defense con- provided by such aircraft are no longer re- Land Forces conference and stated that ‘‘[i]n tractors’ networks or information systems that quired; or 2007 we drafted . . . a paper . . . about estab- contain or process information created by or for (2) six months. lishing a Cyber Command . . . [which concluded the Department of Defense to be subject to the (b) FUNDING.—Amounts authorized to be ap- that] . . . the most logical is to set it up as a sub reporting process established pursuant to sub- propriated for fiscal year 2013 by title XV and unified and grow it to a unified, and I think section (a). available for Overseas Contingency Operations that’s the process that we’re going to work our (c) OFFICIALS.—The officials specified in this for operation and maintenance as specified in way through’’. subsection are the following: the funding tables in section 4302 may be avail- (4) On October 11, 2012, Secretary of Defense (1) The Under Secretary of Defense for Policy. able for the extension or renewal of the lease Leon Panetta discussed cybersecurity in a (2) The Under Secretary of Defense for Acqui- authorized by subsection (a). speech to the Business Executives for National sition, Technology, and Logistics. SEC. 934. SENSE OF SENATE ON POTENTIAL SE- Security in New York, New York, specifically (3) The Chief Information Officer of the De- CURITY RISKS TO DEPARTMENT OF calling for a strengthening of the United States partment of Defense. DEFENSE NETWORKS. Cyber Command and stating that the Depart- (4) The Commander of the United States Cyber (a) FINDINGS.—The Senate makes the fol- ment of Defense ‘‘must ensure that [the United Command. lowing findings: States Cyber Command] has the resources, that (d) PROCESS REQUIREMENTS.— (1) Cybersecurity threats are pervasive and se- it has the authorities, that it has the capabili- (1) RAPID REPORTING.—The process required rious, including through the supply chain of in- ties required to perform this growing mission. by subsection (a) shall provide for rapid report- formation technology equipment and software. And it must also be able to react quickly to ing by contractors of successful penetrations of (2) Semiconductor manufacturing is already events unfolding in cyberspace and help fully designated network or information systems. dominated by foreign producers, presenting sup- integrate cyber into all of the department’s (2) REPORT ELEMENTS.—The report by a con- ply chain risk management challenges. plans and activities.’’. tractor on a successful penetration of a des- (3) In a number of instances, foreign manu- (b) SENSE OF CONGRESS.—Congress— ignated network or information system under facturers of telecommunications equipment, in- (1) recognizes the serious cyber threat to na- the process shall include the following: cluding advanced wireless technology, are gain- tional security and the need to work both offen- (A) A description of the technique or method ing global market share due to high quality and sively and defensively to protect the Nation’s used in the penetration. low prices. Competitive market forces ensure networks and critical infrastructure; (B) A sample of the malicious software, if dis- that commercial providers of consumer, busi- (2) acknowledges the importance of the uni- covered and isolated by the contractor. ness, and government systems and services will fied command structure of the Department in di- (3) ACCESS.—The process shall include mecha- choose equipment and associated software from recting military operations in cyberspace and nisms by which Department of Defense per- these manufacturers. In some cases, like Huawei recognizes that a change in the status of the sonnel may, upon request, obtain access to Industries, this competitive position stems in United States Cyber Command has Department- equipment or information of a contractor nec- part from inappropriate government subsidies wide and national security implications, which essary to conduct a forensic analysis to deter- and other forms of assistance. require careful consideration; mine whether information created by or for the (4) Some of these companies also present clear (3) expects to be briefed and consulted about Department in connection with any Department cybersecurity supply chain risks that the Gov- any proposal to elevate the United States Cyber program was successfully exfiltrated from a net- ernment must address. Command to a unified command before a deci- work or information system of the contractor (5) The Committee on Foreign Investment in sion by the Secretary make such a proposal to and, if so, what information was exfiltrated. the United States has blocked the attempt by the President and to receive, at a minimum— (4) LIMITATION ON DISSEMINATION OF CERTAIN Huawei to acquire United States technology (A) a clear statement of mission and related INFORMATION.—The process shall prohibit the firms on two occasions and the National Secu- legal definitions; dissemination outside the Department of De- rity Agency and the Secretary of Commerce (B) an outline of the specific national security fense of information obtained or derived have advised two major United States tele- benefits of elevating the sub-unified United through the process that is not created by or for communications carriers against selecting States Cyber Command to a unified command; the Department except with the approval of the Huawei as a supplier. (C) an estimate of the cost of creating a uni- contractor providing such information. (6) The Ike Skelton National Defense Author- fied United States Cyber Command and a jus- (e) CLEARED DEFENSE CONTRACTOR DE- ization Act for Fiscal Year 2011 (Public Law tification of the expenditure; and FINED.—In this section, the term ‘‘cleared de- 111–383) provided authority and mechanisms for (D) if the Secretary considers it advisable to fense contractor’’ means a private entity grant- the Secretary of Defense to control these supply continue the designation of the Commander of ed clearance by the Defense Security Service to chain risks, but only for National Security Sys- the United States Cyber Command as also being receive and store classified information for the tems, leaving many information technology sys- the Director of the National Security Agency— purpose of bidding for a contract or conducting tems and missions exposed to supply chain risks. (i) an explanation of how a single individual activities under a contract with the Department (7) Blocking sales from providers of informa- could serve as a commander of a combatant of Defense. tion technology systems and services due to con- command that conducts overt, albeit clandes- cerns about cybersecurity risks, while maintain- tine, cyber operations under title 10, United Subtitle D—Other Matters ing our commitment to free trade and fair and States Code, as well as the director of an intel- SEC. 941. NATIONAL LANGUAGE SERVICE CORPS. transparent competition, poses difficult policy ligence agency that conducts covert cyber oper- (a) AUTHORITY TO ESTABLISH.—The David L. challenges. ations under the National Security Act of 1947 Boren National Security Education Act of 1991

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00099 Fmt 4624 Sfmt 6333 E:\CR\FM\A12DE6.041 S12DEPT1 tjames on DSK6SPTVN1PROD with S7852 CONGRESSIONAL RECORD — SENATE December 12, 2012 (50 U.S.C. 1901 et seq.) is amended by adding at address overall foreign language shortfalls and 2013 as specified in the report under section 1251 the end the following new section: to utilize personnel to address the various types of the National Defense Authorization Act for ‘‘SEC. 813. NATIONAL LANGUAGE SERVICE CORPS. of crises that warrant foreign language skills; Fiscal Year 2010 (Public Law 111–84; 123 Stat. ‘‘(a) ESTABLISHMENT.—(1) The Secretary of and 2549)), the Secretary of Defense may transfer, Defense may establish and maintain within the ‘‘(E) proposing to the Secretary regulations to from amounts authorized to be appropriated for Department of Defense a National Language carry out section 813.’’. the Department of Defense for fiscal year 2013 Service Corps (in this section referred to as the SEC. 942. REPORT ON EDUCATION AND TRAINING pursuant to this Act, to the Secretary of Energy ‘Corps’). AND PROMOTION RATES FOR PILOTS an amount, not to exceed $150,000,000, to be ‘‘(2) The purpose of the Corps is to provide a OF REMOTELY PILOTED AIRCRAFT. available only for weapons activities of the Na- pool of personnel with foreign language skills (a) REPORT REQUIRED.—Not later than Janu- tional Nuclear Security Administration. who, as provided in regulations prescribed ary 31, 2013, the Secretary of the Air Force and (b) NOTICE TO CONGRESS.—In the event of a under this section, agree to provide foreign lan- the Chief of Staff of the Air Force shall jointly transfer under subsection (a), the Secretary of guage services to the Department of Defense or submit to the congressional defense committees a Defense shall promptly notify Congress of the another department or agency of the United report on education and training and promotion transfer, and shall include in such notice the States. rates for Air Force pilots of remotely piloted air- Department of Defense account or accounts from which funds are transferred. ‘‘(b) NATIONAL SECURITY EDUCATION craft (RPA). (c) TRANSFER MECHANISM.—Any funds trans- BOARD.—If the Corps is established, the Sec- (b) ELEMENTS.—The report required by sub- ferred under this section shall be transferred in retary shall provide for the National Security section (a) shall include the following: accordance with established procedures for re- Education Board to oversee and coordinate the (1) A detailed analysis of the reasons for per- programming under section 1001 or successor activities of the Corps to such extent and in sistently lower average education and training provisions of law. such manner as determined by the Secretary and promotion rates for Air Force pilots of re- (d) CONSTRUCTION OF AUTHORITY.—The trans- under paragraph (9) of section 803(d). motely piloted aircraft. (2) An assessment of the long-term impact on fer authority provided under subsection (a) is in ‘‘(c) MEMBERSHIP.—To be eligible for member- the Air Force of the sustainment of such lower addition to any other transfer authority pro- ship in the Corps, a person must be a citizen of vided under this Act. the United States authorized by law to be em- rates SEC. 1003. AUDIT READINESS OF DEPARTMENT ployed in the United States, have attained the (3) A plan to raise such rates, including— (A) a description of the near-term and longer- OF DEFENSE STATEMENTS OF BUDG- age of 18 years, and possess such foreign lan- term actions the Air Force intends to undertake ETARY RESOURCES. guage skills as the Secretary considers appro- to implement the plan; and (a) OBJECTIVE.—Section 1003(a)(2)(A)(ii) of priate for membership in the Corps. Members of (B) an analysis of the potential direct and in- the National Defense Authorization Act for Fis- the Corps may include employees of the Federal direct impacts of the plan on the achievement cal Year 2010 (Public Law 111–84; 123 Stat. 2439; Government and of State and local governments. and sustainment of the combat air patrol objec- 10 U.S.C. 2222 note) is amended by inserting ‘‘, ‘‘(d) TRAINING.—The Secretary may provide tives of the Air Force for remotely piloted air- and the statement of budgetary resources of the members of the Corps such training as the Sec- craft. Department of Defense is validated as ready for retary prescribes for purposes of this section. audit by not later than September 30, 2014’’ ‘‘(e) SERVICE.—Upon a determination that it is TITLE X—GENERAL PROVISIONS after ‘‘September 30, 2017’’. in the national interests of the United States, Subtitle A—Financial Matters (b) AFFORDABLE AND SUSTAINABLE AP- the Secretary shall call upon members of the SEC. 1001. GENERAL TRANSFER AUTHORITY. PROACH.— Corps to provide foreign language services to the (a) AUTHORITY TO TRANSFER AUTHORIZA- (1) IN GENERAL.—The Chief Management Offi- Department of Defense or another department TIONS.— cer of the Department of Defense and the Chief or agency of the United States. (1) AUTHORITY.—Upon determination by the Management Officers of each of the military de- ‘‘(f) FUNDING.—The Secretary may impose Secretary of Defense that such action is nec- partments shall ensure that plans to achieve an fees, in amounts up to full-cost recovery, for essary in the national interest, the Secretary auditable statement of budgetary resources of language services and technical assistance ren- may transfer amounts of authorizations made the Department of Defense by September 30, dered by members of the Corps. Amounts of fees available to the Department of Defense in this 2014, include appropriate steps to minimize one- received under this section shall be credited to division for fiscal year 2013 between any such time fixes and manual work-arounds, are sus- the account of the Department providing funds authorizations for that fiscal year (or any sub- tainable and affordable, and will not delay full for any costs incurred by the Department in divisions thereof). Amounts of authorizations so auditability of financial statements. connection with the Corps. Amounts so credited transferred shall be merged with and be avail- (2) ADDITIONAL ELEMENTS IN FIAR PLAN RE- to such account shall be merged with amounts able for the same purposes as the authorization PORT.—Each semi-annual report on the Finan- in such account, and shall be available to the to which transferred. cial Improvement and Audit Readiness Plan of same extent, and subject to the same conditions (2) LIMITATION.—Except as provided in para- the Department of Defense submitted by the and limitations, as amounts in such account. graph (3), the total amount of authorizations Under Secretary of Defense (Comptroller) under Any amounts so credited shall remain available that the Secretary may transfer under the au- section 1003(b) of the National Defense Author- until expended.’’. thority of this section may not exceed ization Act for Fiscal Year 2010 during the pe- (b) NATIONAL SECURITY EDUCATION BOARD $5,000,000,000. riod beginning on the date of the enactment of MATTERS.— (3) EXCEPTION FOR TRANSFERS BETWEEN MILI- this Act and ending on September 30, 2014, shall (1) COMPOSITION.—Subsection (b) of section TARY PERSONNEL AUTHORIZATIONS.—A transfer include the following: 803 of such Act (50 U.S.C. 1903) is amended— of funds between military personnel authoriza- (A) A description of the actions taken by the (A) by striking paragraph (5); tions under title IV shall not be counted toward military departments pursuant to paragraph (1). (B) A determination by the Chief Management (B) by redesignating paragraphs (6) and (7) as the dollar limitation in paragraph (2). Officer of each military department whether or paragraphs (8) and (9), respectively; and (b) LIMITATIONS.—The authority provided by not such military department is able to achieve (C) by inserting after paragraph (4) the fol- this section to transfer authorizations— an auditable statement of budgetary resources lowing new paragraphs: (1) may only be used to provide authority for by September 30, 2014, without an unaffordable ‘‘(5) The Secretary of Homeland Security. items that have a higher priority than the items or unsustainable level of one-time fixes and ‘‘(6) The Secretary of Energy. from which authority is transferred; and manual work-arounds and without delaying the ‘‘(7) The Director of National Intelligence.’’. (2) may not be used to provide authority for full auditability of the financial statements of (2) FUNCTIONS.—Subsection (d) of such section an item that has been denied authorization by is amended by adding at the end the following such military department. Congress. (C) If the Chief Management Officer of a mili- new paragraph: (c) EFFECT ON AUTHORIZATION AMOUNTS.—A tary department determines under subparagraph ‘‘(9) To the extent provided by the Secretary transfer made from one account to another (B) that the military department is not able to of Defense, oversee and coordinate the activities under the authority of this section shall be achieve an auditable statement of budgetary re- of the National Language Service Corps under deemed to increase the amount authorized for sources by September 30, 2014, as described in section 813, including— the account to which the amount is transferred ‘‘(A) identifying and assessing on a periodic that subparagraph— by an amount equal to the amount transferred. (i) an explanation why the military depart- basis the needs of the departments and agencies (d) NOTICE TO CONGRESS.—The Secretary shall ment is unable to meet the deadline; of the Federal Government for personnel with promptly notify Congress of each transfer made (ii) an alternative deadline by which the mili- skills in various foreign languages; under subsection (a). tary department will achieve an auditable state- ‘‘(B) establishing plans to address foreign lan- SEC. 1002. AUTHORITY TO TRANSFER FUNDS TO ment of budgetary resources; guage shortfalls and requirements of the depart- THE NATIONAL NUCLEAR SECURITY (iii) a description of the plan of the military ments and agencies of the Federal Government; ADMINISTRATION TO SUSTAIN NU- department for meeting the alternative deadline. CLEAR WEAPONS MODERNIZATION. ‘‘(C) recommending effective ways to increase SEC. 1004. REPORT ON EFFECTS OF BUDGET SE- public awareness of the need for foreign lan- (a) TRANSFER AUTHORIZED.—If the amount QUESTRATION ON THE DEPART- guages skills and career paths in the Federal authorized to be appropriated for the weapons MENT OF DEFENSE. government that use those skills; activities of the National Nuclear Security Ad- (a) FINDINGS.—Congress makes the following ‘‘(D) coordinating activities with Executive ministration for fiscal year 2013 in section 3101 findings: agencies and State and Local governments to is less than $7,900,000,000 (the amount projected (1) The inability of the Joint Select Committee develop interagency plans and agreements to to be required for such activities in fiscal year on Deficit Reduction to find $1,200,000,000,000 in

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00100 Fmt 4624 Sfmt 6333 E:\CR\FM\A12DE6.041 S12DEPT1 tjames on DSK6SPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — SENATE S7853 savings will trigger automatic funding reduc- (A) The most specific level of budget item SEC. 1012. REQUIREMENT FOR BIENNIAL CERTIFI- tions known as ‘‘sequestration’’ to the Depart- identified in applicable appropriations Acts. CATION ON PROVISION OF SUPPORT ment of Defense of $492,000,000,000 between 2013 FOR COUNTER-DRUG ACTIVITIES TO (B) Related classified annexes and explana- CERTAIN FOREIGN GOVERNMENTS. and 2021 under section 251A of the Balanced tory statements. Section 1033 of the National Defense Author- Budget and Emergency Deficit Control Act of (C) Department of Defense budget justifica- ization Act for Fiscal Year 1998 (Public Law 1985 (2 USC 901a). tion documents DOD P–1 and R–1 as subse- 105–85; 111 Stat. 1881), as most recently amended (2) These reductions are in addition to reduc- quently modified by congressional action, and by section 1006 of the National Defense Author- tions of $487,000,000,000 already being imple- as submitted by the Department of Defense to- ization Act for Fiscal Year 2012 (Public Law mented by the Department of Defense, and gether with the budget materials for the budget 112–81; 125 Stat. 1557), is further amended— would decrease the readiness and capabilities of of the President for fiscal year 2013 (as sub- (1) in subsection (f)— the Armed Forces while increasing risks to the mitted to Congress pursuant to section 1105(a) of (A) in paragraph (1), by striking ‘‘the written effective implementation of the National Secu- title 31, United States Code). certification described in subsection (g) for that rity Strategy of the United States. (D) Department of Defense document O–1 for fiscal year.’’ and inserting ‘‘a written certifi- (3) The leaders of the Department of Defense operation and maintenance accounts for fiscal cation described in subsection (g) applicable to have consistently testified that threats to the year 2013, for which purpose the term ‘‘program, that fiscal year. The first such certification with national security of the United States have in- project, or activity’’ means the budget activity respect to any such government may apply only creased, not decreased. Secretary of Defense account and sub account for the program, to a period of one fiscal year. Subsequent certifi- Leon Panetta said that these reductions would project, or activity as submitted in such docu- cations with respect to any such government ‘‘inflict severe damage to our national defense ment O–1. may apply to a period of not to exceed two fiscal for generations’’, comments that have been years.’’; and echoed by the Secretaries of the Army, Navy, SEC. 1005. REPORT ON BALANCES CARRIED FOR- (B) in paragraph (4)(B), by striking ‘‘The and Air Force. WARD BY THE DEPARTMENT OF DE- Committee on National Security and the Com- (4) While reductions in funds available for the FENSE AT THE END OF FISCAL YEAR 2012. mittee on International Relations of the House Department of Defense will automatically com- of Representatives’’ and inserting ‘‘The Com- Not later than 180 days after the date of the mence January 2, 2013, uncertainty regarding mittee on Armed Services and the Committee on enactment of this Act, the Secretary of Defense the reductions has already exacerbated Depart- Foreign Affairs of the House of Representa- shall submit to Congress, and publish on the ment of Defense efforts to plan future defense tives’’; and budget. Internet website of the Department of Defense (2) in subsection (g), in the matter preceding (5) Sequestration will have a detrimental ef- available to the public, the following: paragraph (1)— fect on the industrial base that supports the De- (1) The total dollar amount of all balances (A) by striking ‘‘The written’’ and inserting partment of Defense. carried forward by the Department of Defense ‘‘A written’’; and (b) REPORT.— at the end of fiscal year 2012 by account. (B) by striking ‘‘for a fiscal year’’ and all that (1) IN GENERAL.—Not later than August 15, (2) The total dollar amount of all unobligated follows through the colon and inserting ‘‘with 2012, the Secretary of Defense shall submit to balances carried forward by the Department of respect to a government to receive support under the Committees on Armed Services of the Senate Defense at the end of fiscal year 2012 by ac- this section for any period of time is a certifi- and the House of Representatives a detailed re- count. cation of each of the following with respect to port on the impact on the Department of De- (3) The total dollar amount of any balances that government:’’. fense of the sequestration of funds authorized (both obligated and unobligated) that have been SEC. 1013. AUTHORITY TO SUPPORT THE UNIFIED and appropriated for fiscal year 2013 for the De- carried forward by the Department of Defense COUNTERDRUG AND COUNTERTER- RORISM CAMPAIGN IN COLOMBIA. partment of Defense, if automatically triggered for five years or more as of the end of fiscal year on January 2, 2013, under section 251A of the (a) AUTHORITY.— 2012 by account. (1) IN GENERAL.—Of the amounts authorized Balanced Budget and Emergency Deficit Con- SEC. 1006. TRANSFER OF CERTAIN FISCAL YEAR to be appropriated by section 1404 for the De- trol Act of 1985. 2012 AND 2013 FUNDS. partment of Defense for drug interdiction and (2) ELEMENTS.—The report required by para- counter-drug activities, Defense-wide for fiscal graph (1) shall include the following: (a) TRANSFER AUTHORIZED.—To the extent (A) An assessment of the potential impact of provided in appropriations Acts, the Secretary year 2013, not more than $50,000,000 may be used sequestration on the readiness of the Armed of Defense may transfer from fiscal year 2012 by the Secretary of Defense to provide in support of a unified campaign by the Government Forces, including impacts to steaming hours, and 2013 procurement or research, development, of Colombia against narcotics trafficking and flying hours, and full spectrum training miles, test, and evaluation accounts an aggregate of against terrorist organizations (as designated by and an estimate of the increase or decrease in $46,000,000 to be available for the additional au- the Secretary of State) in Colombia the fol- readiness (as defined in the C status C–1 thorizations in sections 132, 154, and 217. lowing: through C–5). (b) COVERED FUNDS.—In subsection (a), the term ‘‘fiscal year 2012 and 2013 procurement or (A) Logistics support, services, and supplies. (B) An assessment of the potential impact of (B) The types of support authorized under research, development, test, and evaluation ac- sequestration on the ability of the Department section 1004(b) of the National Defense Author- counts’’ means— of Defense to carry out the National Military ization Act for Fiscal Year 1991 (10 U.S.C. 374 Strategy of the United States, and any changes (1) amounts authorized to be appropriated for note). to the most recent Risk Assessment of the Chair- fiscal year 2012 by sections 101 and 201 of the (C) The types of support authorized under man of the Joint Chiefs of Staff under section National Defense Authorization Act for Fiscal section 1033(c) of the National Defense Author- 153(b) of title 10, United States Code arising Year 2012 (Public Law 112–81) and available as ization Act for Fiscal Year 1998 (Public Law from sequestration. specified in the funding tables in sections 4101 105–85). (C) A list of the programs, projects, and activi- and 4201 of that Act for Army tactical bridging, (2) SCOPE OF AUTHORITY.—The authority to ties across the Department of Defense, the mili- BLIN–133, $12.5 million; Army C–RAM, BLIN– provide assistance for a campaign under this tary departments, and the elements and compo- 90, $15.8 million; Army non-system training de- subsection includes authority to take actions to nents of the Department of Defense that would vices, BLIN–182, $9.8 million; Defense wide 12/14 protect human health and welfare in emergency be reduced or terminated as a result of seques- USSOCOM C–ISO modifications, $4.0 million; circumstances, including the undertaking of res- tration. Defense wide 12/14 Combat mission requirements, cue operations. (D) An estimate of the number and value of $4.2 million. (b) ASSISTANCE OTHERWISE PROHIBITED BY all contracts that will be terminated, restruc- (c) EFFECT ON AUTHORIZATION AMOUNTS.—A LAW.—The Secretary of Defense may not use the tured, or revised in scope as a result of seques- transfer made from one account to another authority in subsection (a) to provide any type tration, including an estimate of potential termi- under the authority of this section shall be of assistance described in this subsection that is nation costs and of increased contract costs due deemed to change the amount authorized for the otherwise prohibited by any provision of law. to renegotiation and reinstatement of contracts. account to which the amount is transferred by (c) LIMITATION ON PARTICIPATION OF UNITED (3) ASSUMPTIONS.—The report required by an amount equal to the amount transferred. STATES PERSONNEL.—No United States Armed Forces personnel, United States civilian employ- paragraph (1) shall assume the following: (d) CONSTRUCTION OF AUTHORITY.—The trans- (A) Except as provided in subparagraph (B), fer authority in this section is in addition to ees, or United States civilian contractor per- the funds subject to sequester are the funds in any other transfer authority provided in this sonnel employed by the United States may par- all 050 accounts, including all unobligated bal- Act. ticipate in any combat operation in connection ances. with assistance using funds pursuant to the au- (B) The funds exempt from the sequester are Subtitle B—Counter-Drug Activities thority in subsection (a), except for the purpose the following: SEC. 1011. EXTENSION OF AUTHORITY FOR JOINT of acting in self defense or of rescuing any (i) Funds in accounts for military personnel. TASK FORCES TO PROVIDE SUPPORT United States citizen, including any United (ii) Funds in accounts for overseas contin- TO LAW ENFORCEMENT AGENCIES States Armed Forces personnel, United States ci- gency operations. CONDUCTING COUNTER-TERRORISM vilian employee, or civilian contractor employed (4) PRESENTATION OF CERTAIN INFORMATION.— ACTIVITIES. by the United States. In listing programs, projects, and activities Section 1022(b) of the National Defense Au- (d) RELATION TO OTHER AUTHORITIES.—The under paragraph (2)(C), the report required by thorization Act for Fiscal Year 2004 (10 U.S.C. authority provided by subsection (a) is in addi- paragraph (1) shall set forth for each the fol- 371 note) is amended by striking ‘‘2012’’ and in- tion to any other authority in law to provide as- lowing: serting ‘‘2013’’. sistance to the Government of Colombia.

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(e) REPORT.— the Marine Corps shall jointly submit to the (D) the ability to operate in collaboration with (1) IN GENERAL.—Not later than November 1 congressional defense committees a report set- United States maritime partners in the common following any fiscal year in which the Secretary ting forth an assessment of the Marine Corps interest of preventing piracy at sea and main- of Defense provides support under subsection Prepositioning Program–Norway and the capa- taining the commercial sea lanes available for (a), the Secretary shall submit to the congres- bility of that program to address any readiness global commerce; sional defense committees a report setting forth gaps that will be created by the termination of (3) the Secretary of Defense, in coordination the following: Maritime Prepositioning Ship Squadron One in with the Secretary of the Navy, should maintain (A) A description of the support provided, in- the Mediterranean. the recapitalization plans for the Navy as a pri- cluding— (2) ELEMENTS.—The report required by para- ority in all future force structure decisions; and (i) a description of the support; graph (1) shall include the following: (4) the Secretary of Homeland Security should (ii) the cost of the support; (A) A detailed description of the time required maintain the recapitalization plans for the (iii) a list of the Colombia units to which sup- to transfer stockpiles onto Navy vessels for use Coast Guard as a priority in all future force port was provided; and in contingency operations. structure decisions. (iv) a list of the Colombia operations sup- (B) A comparison of the response time of the SEC. 1024. NOTICE TO CONGRESS FOR THE RE- ported. Marine Corps Prepositioning Program–Norway VIEW OF PROPOSALS TO NAME (B) Guidance for future Department of De- with the current response time of Maritime NAVAL VESSELS. fense support for a unified campaign by the Prepositioning Ship Squadron One. (a) FINDINGS.—Congress makes the following Government of Colombia against narcotics traf- (C) A description of the equipment stored in findings: ficking and terrorism. the stockpiles of the Marine Corps (1) The Navy traces its ancestry to October 13, (2) FORM.—The report required by paragraph Prepositioning Program–Norway, and an assess- 1775, when an Act of the Continental Congress (1) shall be submitted in unclassified form, but ment of the differences, if any, between that authorized the first vessel of a navy for the may include a classified annex. equipment and the equipment of a Maritime United Colonies. Vessels of the Continental SEC. 1014. QUARTERLY REPORTS ON USE OF Prepositioning Ship squadron. Navy were named for early patriots and military FUNDS IN THE DRUG INTERDICTION (D) A description and assessment of the cur- heroes, Federal institutions, colonial cities, and AND COUNTER-DRUG ACTIVITIES, rent age and state of maintenance of the equip- positive character traits representative of naval DEFENSE-WIDE ACCOUNT. ment of the Marine Corps Maritime and military virtues. (a) QUARTERLY REPORTS ON EXPENDITURES OF Prepositioning Program–Norway. (2) An Act of Congress on March 3, 1819, made FUNDS.—Not later than 60 days after the end of (E) A plan to address the equipment shortages the Secretary of the Navy responsible for assign- each fiscal year quarter, the Secretary of De- and modernization needs of the Marine Corps ing names to vessels of the Navy. Traditional fense shall submit to the congressional defense Maritime Prepositioning Program–Norway. sources for vessel names customarily encom- committees a report setting forth a description of (b) LIMITATION ON AVAILABILITY OF FUNDS.— passed such categories as geographic locations the expenditure of funds, by project code, from Amounts authorized to be appropriated by this in the United States; historic sites, battles, and the Drug Interdiction and Counter-Drug Activi- Act may not be obligated or expended to termi- ships; naval and military heroes and leaders; ties, Defense-wide account during such fiscal nate a Maritime Prepositioning Ship squadron and noted individuals who made distinguished year quarter, including expenditures of funds in until the date of the submittal to the congres- contributions to United States national security. direct or indirect support of the counter-drug sional defense committees of the report required (3) These customs and traditions provide ap- activities of foreign governments. by subsection (a). propriate and necessary standards for the nam- (b) INFORMATION ON SUPPORT OF COUNTER- SEC. 1023. SENSE OF CONGRESS ON RECAPITAL- ing of vessels of the Navy. DRUG ACTIVITIES OF FOREIGN GOVERNMENTS.— IZATION FOR THE NAVY AND COAST (b) NOTICE TO CONGRESS.—Section 7292 of title The information in a report under subsection (a) GUARD. 10, United States Code, is amended by adding at on direct or indirect support of the counter-drug (a) FINDINGS.—Congress makes the following the end the following new subsection: activities of foreign governments shall include, findings: ‘‘(d)(1) The Secretary of the Navy may not an- for each foreign government so supported, the (1) More than 70 percent of the world’s sur- nounce or implement any proposal to name a following: face is comprised of navigable oceans. vessel of the Navy until 30 days after the date (1) The total amount of assistance provided to, (2) More than 80 percent of the population of on which the Secretary submits to the Commit- or expended on behalf of, the foreign govern- the world lives within 100 miles of an ocean. tees on Armed Services of the Senate and the ment. (3) More than 90 percent of the world’s com- House of Representatives a report setting forth (2) A description of the types of counter-drug merce traverses an oceans. such proposal. activities conducted using the assistance. (4) The national security of the United States ‘‘(2) Each report under this subsection shall (3) An explanation of the legal authority is inextricably linked to the maintenance of describe the justification for the proposal cov- under which the assistance was provided. global freedom of access for both the strategic ered by such report in accordance with the (c) CESSATION OF REQUIREMENT.—No report and commercial interests of the United States. standards referred to in section 1024(a) of the shall be required under subsection (a) for any (5) To maintain that freedom of access the sea National Defense Authorization Act for Fiscal fiscal year quarter beginning on or after October services of the United States, composed of the Year 2013.’’. 1, 2017. Navy, the Marine Corps, and the Coast Guard, (c) EFFECTIVE DATE.—This section and the (d) REPEAL OF OBSOLETE AUTHORITY.—Sec- must be sufficiently positioned as rotationally amendment made by this section shall go into tion 1022 of the Floyd D. Spence National De- globally deployable forces with the capability to effect on the date that is 30 days after the date fense Authorization Act for Fiscal Year 2001 (as decisively defend United States citizens, home- of the enactment of this Act. enacted into law by Public Law 106–398) is re- land, and interests abroad from direct or asym- Subtitle D— Counterterrorism pealed. metric attack and must be comprised of sufficient vessels to maintain global freedom of ac- SEC. 1031. EXTENSION OF CERTAIN PROHIBI- Subtitle C—Naval Vessels and Shipyards TIONS AND REQUIREMENTS RELAT- tion. SEC. 1021. RETIREMENT OF NAVAL VESSELS. ING TO DETAINEES AT UNITED (6) To achieve appropriate capabilities to en- STATES NAVAL STATION, GUANTA- (a) REPORT REQUIRED.—Not later than 30 sure national security the Government of the NAMO BAY, CUBA. days after the date of the enactment of this Act, United States must continue to recapitalize the (a) PROHIBITION ON USE OF FUNDS TO CON- the Chief of Naval Operations shall submit to fleets of the Navy and Coast Guard and must STRUCT OR MODIFY FACILITIES IN US FOR the congressional defense committees a report continue to conduct vital maintenance and re- TRANSFER OF DETAINEES.—Section 1026(a) of the that sets forth a comprehensive description of pair of existing vessels to ensure such vessels National Defense Authorization Act for Fiscal the current requirements of the Navy for com- meet service life goals. Year 2012 (Public Law 112–81; 125 Stat. 1566) is batant vessels of the Navy, including sub- (b) SENSE OF CONGRESS.—It is the sense of amended by inserting ‘‘or 2013’’ after ‘‘fiscal marines. Congress that— year 2012’’. (b) ADDITIONAL REPORT ELEMENT IF LESS (1) the sea services of the United States should (b) REQUIREMENTS FOR CERTIFICATIONS ON THAN 313 VESSELS REQUIRED.—If the number of be funded and maintained to provide the broad TRANSFERS OF DETAINEES TO FOREIGN COUN- combatant vessels for the Navy (including sub- spectrum of capabilities required to protect the TRIES OR ENTITIES.—Section 1028(a)(1) of the marines) specified as being required in the re- national security of the United States; National Defense Authorization Act for Fiscal port under subsection (a) is less than 313 com- (2) such capabilities should include— Year 2012 (125 Stat. 1567; 10 U.S.C. 801 note) is batant vessels, the report shall include a jus- (A) the ability to project United States power amended by inserting ‘‘or 2013’’ after ‘‘fiscal tification for the number of vessels specified as rapidly anywhere on the globe without the need year 2012’’. being so required and the rationale by which the for host nation basing permission or long and number of vessels is considered consistent with SEC. 1032. PROHIBITION ON USE OF FUNDS FOR potentially vulnerable logistics supply lines; THE TRANSFER OR RELEASE OF IN- applicable strategic guidance issued by the (B) the ability to land and recover maritime DIVIDUALS FROM UNITED STATES President and the Secretary of Defense in 2012. forces from the sea for direct combat action, to NAVAL STATION, GUANTANAMO BAY, SEC. 1022. TERMINATION OF A MARITIME evacuate United States citizens from hostile sit- CUBA. PREPOSITIONING SHIP SQUADRON. uations, and to provide humanitarian assistance No authorized to be appropriated funds may (a) REPORT REQUIRED.— where needed; be used to transfer, release, or assist in the (1) IN GENERAL.—Not later than 60 days after (C) the ability to operate from the subsurface transfer or release to or within the United the date of the enactment of this Act, the Chief with overpowering conventional combat power, States, its territories, or possessions of Khalid of Naval Operations and the Commandant of as well as strategic deterrence; and Sheikh Mohammed or any other detainee who—

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00102 Fmt 4624 Sfmt 6333 E:\CR\FM\A12DE6.041 S12DEPT1 tjames on DSK6SPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — SENATE S7855 (1) is not a United States citizen or a member ‘‘(iii) Identify the United States national military Strategy about the contributions or support of the Armed Forces of the United States; and tary objectives and the relationship of those ob- of— (2) is or was held on or after January 20, 2009, jectives to the strategic environment and to the ‘‘(I) other departments and agencies of the at United States Naval Station, Guantanamo threats described under clause (ii). United States Government (including their ca- Bay, Cuba, by the Department of Defense. ‘‘(iv) Identify the operational concepts, mis- pabilities and availability); SEC. 1033. PROHIBITION ON THE INDEFINITE DE- sions, tasks, or activities necessary to support ‘‘(II) alliances, allies, and other friendly na- TENTION OF CITIZENS AND LAWFUL the achievement of the objectives identified tions, (including their capabilities, availability, PERMANENT RESIDENTS. under clause (iii). and interoperability); and Section 4001 of title 18, United States Code, is ‘‘(v) Identify the fiscal, budgetary, and re- ‘‘(III) contractors. amended— source environments and conditions that, in the ‘‘(vi) Identify and assess the critical defi- (1) by redesignating subsection (b) as sub- assessment of the Chairman, impact the strat- ciencies and strengths in force capabilities (in- section (c); and egy. cluding manpower, logistics, intelligence, and (2) by inserting after subsection (a) the fol- ‘‘(vi) Identify the implications of current force mobility support) identified during the prepara- lowing: planning and sizing constructs for the strategy. tion and review of the contingency plans of ‘‘(b)(1) An authorization to use military force, ‘‘(vii) Identify and assess the capacity, capa- each unified combatant command, and identify a declaration of war, or any similar authority bilities, and availability of United States forces and assess the effect of such deficiencies and shall not authorize the detention without (including both the regular and reserve compo- strengths for the National Military Strategy. charge or trial of a citizen or lawful permanent nents) to support the execution of missions re- ‘‘(3) SUBMITTAL OF NATIONAL MILITARY STRAT- resident of the United States apprehended in the quired by the strategy. EGY AND RISK ASSESSMENT TO CONGRESS.—(A) United States, unless an Act of Congress ex- ‘‘(viii) Identify areas in which the armed Not later than February 15 of each even-num- pressly authorizes such detention. forces intends to engage and synchronize with bered year, the Chairman shall, through the ‘‘(2) Paragraph (1) applies to an authorization other departments and agencies of the United Secretary of Defense, submit to the Committees to use military force, a declaration of war, or States Government contributing to the execution on Armed Services of the Senate and the House any similar authority enacted before, on, or of missions required by the strategy. of Representatives the National Military Strat- after the date of the enactment of the National ‘‘(ix) Identify and assess potential areas in egy or update, if any, prepared under para- Defense Authorization Act For Fiscal Year 2013. which the armed forces could be augmented by graph (1) in such year. ‘‘(3) Paragraph (1) shall not be construed to contributions from alliances (such as the North ‘‘(B) Not later than February 15 each year, authorize the detention of a citizen of the Atlantic Treaty Organization (NATO)), inter- the Chairman shall, through the Secretary of United States, a lawful permanent resident of national allies, or other friendly nations in the Defense, submit to the Committees on Armed the United States, or any other person who is execution of missions required by the strategy. Services of the Senate and the House of Rep- apprehended in the United States.’’. ‘‘(x) Identify and assess the requirements for resentatives the Risk Assessment prepared under Subtitle E—Miscellaneous Authorities and contractor support to the armed forces for con- paragraph (2) in such year. Limitations ducting training, peacekeeping, overseas contin- ‘‘(4) SECRETARY OF DEFENSE REPORTS TO CON- SEC. 1041. ENHANCEMENT OF RESPONSIBILITIES gency operations, and other major combat oper- GRESS.—(A) In transmitting a National Military OF THE CHAIRMAN OF THE JOINT ations under the strategy. Strategy (or update) or Risk Assessment to Con- CHIEFS OF STAFF REGARDING THE ‘‘(xi) Identify the assumptions made with re- gress pursuant to paragraph (3), the Secretary NATIONAL MILITARY STRATEGY. spect to each of clauses (i) through (x). of Defense shall include in the transmittal such (a) IN GENERAL.—Subsection (b) of section 153 ‘‘(E) Each update to a National Military comments of the Secretary thereon, if any, as of title 10, United States Code, is amended to Strategy under this paragraph shall address the Secretary considers appropriate. read as follows: only those parts of the most recent National ‘‘(B) If the Risk Assessment transmitted under ‘‘(b) NATIONAL MILITARY STRATEGY.— Military Strategy for which the Chairman deter- paragraph (3) in a year includes an assessment ‘‘(1) NATIONAL MILITARY STRATEGY.—(A) The mines, on the basis of a comprehensive review that a risk or risks associated with the National Chairman shall determine each even-numbered conducted in conjunction with the other mem- Military Strategy (or update) are significant, or year whether to prepare a new National Mili- bers of the Joint Chiefs of Staff and the com- that critical deficiencies in force capabilities tary Strategy in accordance with this subpara- manders of the combatant commands, that a exist for a contingency plan described in paragraph or to update a strategy previously pre- modification is needed. graph (2)(B)(vi), the Secretary shall include in pared in accordance with this subsection. The ‘‘(2) RISK ASSESSMENT.—(A) The Chairman the transmittal of the Risk Assessment the plan Chairman shall complete preparation of the Na- shall prepare each year an assessment of the of the Secretary for mitigating such risk or defi- tional Military Strategy or update in time for risks associated with the most current National ciency. A plan for mitigating risk of deficiency transmittal to Congress pursuant to paragraph Military Strategy (or update) under paragraph under this subparagraph shall— (3), including in time for inclusion of the report (1). The risk assessment shall be known as the ‘‘(i) address the risk assumed in the National of the Secretary of Defense, if any, under para- ‘Risk Assessment of the Chairman of the Joint Military Strategy (or update) concerned, and graph (4). Chiefs of Staff’. The Chairman shall complete the additional actions taken or planned to be ‘‘(B) Each National Military Strategy (or up- preparation of the Risk Assessment in time for taken to address such risk using only current date) under this paragraph shall be based on a transmittal to Congress pursuant to paragraph technology and force structure capabilities; and comprehensive review conducted by the Chair- (3), including in time for inclusion of the report ‘‘(ii) specify, for each risk addressed, the ex- man in conjunction with the other members of of the Secretary of Defense, if any, under para- tent of, and a schedule for expected mitigation the Joint Chiefs of Staff and the commanders of graph (4). of, such risk, and an assessment of the potential the unified and specified combatant commands. ‘‘(B) The Risk Assessment shall do the fol- for residual risk, if any, after mitigation.’’. ‘‘(C) Each National Military Strategy (or up- lowing: (b) CONFORMING AMENDMENT.—Such section date) submitted under this paragraph shall refer ‘‘(i) As the Chairman considers appropriate, is further amended by striking subsection (d). to and support each of the following: update any changes to the strategic environ- SEC. 1042. MODIFICATION OF AUTHORITY ON ‘‘(i) The most recent National Security Strat- ment, threats, objectives, force planning and TRAINING OF SPECIAL OPERATIONS egy prescribed by the President pursuant to sec- sizing constructs, assessments, and assumptions FORCES WITH FRIENDLY FOREIGN tion 108 of the National Security Act of 1947 (50 in the National Military Strategy. FORCES. U.S.C. 404a). ‘‘(ii) Identify and define the strategic risks to (a) AUTHORITY TO PAY FOR MINOR MILITARY ‘‘(ii) The most recent annual report of the Sec- United States interests and the military risks in CONSTRUCTION IN CONNECTION WITH TRAIN- retary of Defense submitted to the President and executing the missions of the National Military ING.—Subsection (a) of section 2011 of title 10, Congress pursuant to section 113 of this title. Strategy. United States Code, is amended by adding at the ‘‘(iii) The most recent Quadrennial Defense ‘‘(iii) Identify and define levels of risk distin- end the following new paragraph: Review conducted by the Secretary of Defense guishing between the concepts of probability ‘‘(4) Expenses of minor military construction pursuant to section 118 of this title. and consequences, including an identification of directly related to that training with such ex- ‘‘(iv) Any other national security or defense what constitutes ‘significant’ risk in the judg- penses payable from amounts available to the strategic guidance issued by the President or the ment of the Chairman. commander for unspecified minor military con- Secretary of Defense. ‘‘(iv) Identify and assess risk in the National struction, except that— ‘‘(D) Each National Military Strategy (or up- Military Strategy by category and level and the ‘‘(A) the amount of any project for which date) submitted under this paragraph shall do ways in which risk might manifest itself, includ- such expenses are so payable may not exceed the following: ing how risk is projected to increase, decrease, $250,000; and ‘‘(i) Describe the strategic environment and or remain stable over time, and, for each cat- ‘‘(B) the total amount of such expenses so the opportunities and challenges that affect egory of risk, assess the extent to which current paid in any fiscal year may not exceed United States national interests and United or future risk increases, decreases, or is stable as $2,000,000.’’. States national security. a result of budgetary priorities, tradeoffs, or fis- (b) PURPOSES OF TRAINING.—Subsection (b) of ‘‘(ii) Describe the threats, such as inter- cal constraints or limitations as currently esti- such section is amended to read as follows: national, regional, transnational, hybrid, ter- mated and applied in the most current future- ‘‘(b) PURPOSES OF TRAINING.—The purposes of rorism, cyber-attack, weapons of mass destruc- years defense program under section 221 of this the training for which payment may be made tion, asymmetric challenges, and any other cat- title. under subsection (a) shall be as follows: egories of threats identified by the Chairman, to ‘‘(v) Identify and assess risk associated with ‘‘(1) To train the special operations forces of the United States national security. the assumptions or plans of the National Mili- the combatant command.

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00103 Fmt 4624 Sfmt 6333 E:\CR\FM\A12DE6.041 S12DEPT1 tjames on DSK6SPTVN1PROD with S7856 CONGRESSIONAL RECORD — SENATE December 12, 2012 ‘‘(2) In the case of a commander of a combat- understanding regarding the participation of of the Department of Defense, the Secretary ant command having a geographic area of re- veterans in the Transition Assistance Program may use existing aerospace-related laboratories, sponsibility, to train the military forces and pursuant to this section. The memorandum of personnel, equipment, research radars, and other security forces of a friendly foreign coun- understanding shall provide for the access of ground facilities of the Department of Defense try in a manner consistent with the Theater veterans to military installations for purposes of to avoid duplication of efforts in carrying out Campaign Plan of the commander for that geo- participation in the Transition Assistance Pro- collaboration under paragraph (1). graphic area.’’. gram and such other matters as such Secretaries (4) REPORTS.— (c) PRIOR APPROVAL.—Subsection (c) of such jointly consider appropriate for purposes of this (A) REQUIREMENT.—The Secretary of Defense, section is amended by inserting before the period section. on behalf of the UAS Executive Committee, shall at the end of the second sentence the following: (d) DEFINITIONS.—In this section: annually submit to the congressional defense ‘‘, or, in the case of training activities carried (1) The term ‘‘Transition Assistance Program’’ committees, the Committee on Transportation out after the date of the enactment of the Na- means the program carried out by the Depart- and Infrastructure, and the Committee on tional Defense Authorization Act for Fiscal ment of Defense under sections 1142 and 1144 of Science, Space, and Technology of the House of Year 2013, the approval of the Secretary of De- title 10, United States Code. Representatives, and the Committee on Com- fense, in coordination with the Secretary of (2) The term ‘‘veteran’’ has the meaning given merce, Science, and Transportation of the Sen- State’’. that term in section 101 of title 38, United States ate a report on the progress of research activity (d) REPORTS.—Subsection (e) of such section is Code. of the Department of Defense, including— amended— SEC. 1045. MODIFICATION OF THE MINISTRY OF (i) progress in accomplishing the goals of the DEFENSE ADVISOR PROGRAM. (1) in paragraph (3)— unmanned aircraft systems research, develop- (a) IN GENERAL.—Subsection (a) of section (A) by inserting ‘‘or other security’’ after ment, and demonstration as related to the De- 1081 of the National Defense Authorization Act ‘‘foreign’’ the first place it appears; and partment of Defense Final Report to Congress for Fiscal Year 2012 (Public Law 112–81; 125 (B) by striking ‘‘foreign military personnel’’ on Access to National Airspace for Unmanned Stat. 1599; 10 U.S.C. 168 note) is amended by in- and inserting ‘‘such foreign personnel’’; Aircraft Systems of October 2010, and any ongo- (2) in paragraph (4)— serting— (1) in the matter preceding paragraph (1), by ing and collaborative research and development (A) by striking ‘‘and military training activi- programs with the Federal Aviation Administra- ties’’ and inserting ‘‘military training activi- inserting ‘‘, regional organizations with defense or security components, and international orga- tion and the National Aeronautics and Space ties’’; and Administration and (B) by inserting before the period at the end nizations of which the United States is a mem- (ii) estimates of long-term funding needs and the following: ‘‘, and training programs spon- ber’’ after ‘‘foreign countries’’; and details of funds expended and allocated in the sored by the Department of State’’; (2) by inserting ‘‘or organization’’ after ‘‘min- budget requests of the President that support in- (3) by redesignating paragraph (6) as para- istry’’ both places it appears. tegration into the National Airspace. graph (7); and (b) REPORTS.—Subsection (c) of such section is (4) by inserting after paragraph (5) the fol- amended— (B) TERMINATION.—The requirement to submit lowing new paragraph (6): (1) by inserting ‘‘or organizations’’ after ‘‘de- a report under subparagraph (A) shall terminate ‘‘(6) A description of any minor military con- fense ministries’’ both places it appears; and on the date that is 5 years after the date of the struction projects for which expenses were paid, (2) by striking paragraph (7). enactment of this Act. (c) CONFORMING AMENDMENT.—The heading including a justification of the benefits of each (c) UAS EXECUTIVE COMMITTEE DEFINED.—In of such section is amended to read as follows: such project to training under this section.’’. this section, the term ‘‘UAS Executive Com- (e) EFFECTIVE DATE.—The amendments made ‘‘SEC. 1081. AUTHORITY FOR ASSIGNMENT OF CI- mittee’’ means the National Aeronautics and by this section shall take effect on the of the en- VILIAN EMPLOYEES OF THE DEPART- Space and Administration and the Department MENT OF DEFENSE AS ADVISORS TO actment of this Act. The amendments made by of Defense–Federal Aviation Administration ex- FOREIGN MINISTRIES OF DEFENSE ecutive committee described in section 1036(b) of subsection (d) shall apply with respect to any AND CERTAIN REGIONAL AND reports submitted under subsection (e) of section INTERNATIONAL ORGANIZATIONS.’’. the Duncan Hunter National Defense Author- 2011 of title 10, United States Code (as so SEC. 1046. INTERAGENCY COLLABORATION ON ization Act for Fiscal Year 2009 and established amended), after that date. UNMANNED AIRCRAFT SYSTEMS. by the Secretary of Defense and the Adminis- trator of the Federal Aviation Administration. SEC. 1043. EXTENSION OF AUTHORITY TO PRO- (a) FINDINGS ON JOINT DEPARTMENT OF DE- VIDE ASSURED BUSINESS GUARAN- FENSE FEDERAL AVIATION ADMINISTRATION EX- (d) AUTHORIZATION OF APPROPRIATIONS.— TEES TO CARRIERS PARTICIPATING ECUTIVE COMMITTEE ON CONFLICT AND DISPUTE There is hereby authorized to be appropriated IN CIVIL RESERVE AIR FLEET. RESOLUTION.—Section 1036(a) of the Duncan such sums as may be necessary to carry out this (a) EXTENSION.—Subsection (k) of section 9515 Hunter National Defense Authorization Act for section. of title 10, United States Code, is amended by Fiscal Year 2009 (Public Law 110–417; 122 Stat. SEC. 1047. SENSE OF SENATE ON NOTICE TO CON- striking ‘‘December 31, 2015’’ and inserting ‘‘De- 4596) is amended by adding at the end the fol- GRESS ON UNFUNDED PRIORITIES. cember 31, 2020’’. lowing new paragraph: It is the sense of the Senate that— (b) APPLICATION TO ALL SEGMENTS OF ‘‘(9) Collaboration of scientific and technical (1) not later than 45 days after the submittal CRAF.—Such section is further amended— personnel and sharing of technical information, to Congress of the budget for a fiscal year under (1) in subsection (a)(3), by striking ‘‘pas- test results, and resources where available from section 1105(a) of title 31, United States Code, senger’’; and the Department of Defense, the Federal Avia- each officer specified in paragraph (2) should, (2) in subsection (j), by striking ‘‘, except that tion Administration, and the National Aero- through the Chairman of the Joint Chiefs of it only means such transportation for which the nautics and Space Administration can advance Staff and the Secretary of Defense, submit to Secretary of Defense has entered into a contract an enduring relationship of research capability the congressional defense committees a list of for the purpose of passenger travel’’. to advance the access of unmanned aircraft sys- any priority military programs or activities SEC. 1044. PARTICIPATION OF VETERANS IN THE tems of the Department of Defense, the National under the jurisdiction of such officer for which, TRANSITION ASSISTANCE PROGRAM Aeronautics and Space Administration and in the estimate of such officer additional funds, OF THE DEPARTMENT OF DEFENSE. other public agencies to the National Airspace if available, would substantially reduce oper- (a) IN GENERAL.—Each veteran, during the System.’’. ational or programmatic risk or accelerate the one-year period beginning on the date on which (b) INTERAGENCY COLLABORATION.— creation or fielding of a critical military capa- the veteran is discharged or separated from serv- (1) IN GENERAL.—The Secretary of Defense bility; ice in the Armed Forces, shall be authorized to shall collaborate with the Administrator of the (2) the officers specified in this paragraph participate in the Transition Assistance Pro- Federal Aviation Administration and the Ad- are— gram (TAP) of the Department of Defense. ministrator of the National Aeronautics and (A) the Chief of Staff of the Army; (b) SCOPE OF AUTHORIZED PARTICIPATION.—As Space Administration to conduct research and (B) the Chief of Naval Operations; part of their participation in the Transition As- seek solutions to challenges associated with the (C) the Chief of Staff of the Air Force; sistance Program pursuant to this section, vet- safe integration of unmanned aircraft systems erans shall be authorized to receive the fol- into the National Airspace System in accordance (D) the Commandant of the Marine Corps; lowing: with subtitle B of title III of the FAA Mod- and (1) Transition assistance counseling under the ernization and Reform Act of 2012 (Public Law (E) the Commander of the United States Spe- program at any military installation at which 112–95; 126 Stat. 72). cial Operations Command; and transition assistance counseling is being pro- (2) ACTIVITIES IN SUPPORT OF PLAN ON ACCESS (3) each list, if any, under paragraph (1) vided to members of the Armed Forces under the TO NATIONAL AIRSPACE FOR UNMANNED AIRCRAFT should set forth for each military program or ac- program. SYSTEMS.—Collaboration under paragraph (1) tivity on such list— (2) Ongoing access to the electronic materials may include research and development of sci- (A) a description of such program or activity; and information provided as part of the Transi- entific and technical issues, equipment, and (B) a summary description of the justification tion Assistance Program, including access after technology in support of the plan to safely ac- for or objectives of additional funds, if available the end of the one-year period of participation celerate the integration of unmanned aircraft for such program or activity; and under subsection (a). systems as required by subtitle B of title III of (C) the additional amount of funds rec- (c) MEMORANDUM OF UNDERSTANDING.—The the FAA Modernization and Reform Act of 2012. ommended in connection with the justification Secretary of Defense and the Secretary of Vet- (3) NONDUPLICATIVE EFFORTS.—If the Sec- or objectives described for such program or ac- erans Affairs shall enter into a memorandum of retary of Defense determines it is in the interest tivity under subparagraph (B).

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00104 Fmt 4624 Sfmt 6333 E:\CR\FM\A12DE6.041 S12DEPT1 tjames on DSK6SPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — SENATE S7857 SEC. 1048. ENHANCEMENT OF AUTHORITIES ON to enter into a contract, memorandum of under- services available to members of the National ADMISSION OF DEFENSE INDUSTRY standing, or cooperative agreement with, to Guard or their families from the Department of CIVILIANS TO CERTAIN DEPART- make a grant to, or to provide a loan or loan Defense, the Department of Veterans Affairs, MENT OF DEFENSE EDUCATIONAL guarantee to Rosoboronexport. and other Federal, State, and local agencies. INSTITUTIONS AND PROGRAMS. (b) NATIONAL SECURITY WAIVER AUTHORITY.— ‘‘(4) Provide information on educational sup- (a) NAVY DEFENSE PRODUCT DEVELOPMENT The Secretary of Defense may waive the appli- port services available to members of the Na- PROGRAM.—Section 7049(a) of title 10, United cability of subsection (a) if the Secretary deter- States Code, is amended— tional Guard, including Post-9/11 Educational (1) in the second sentence, by inserting ‘‘or mines that such a waiver is in the national se- Assistance under chapter 33 of title 38. professional continuing education certificate’’ curity interests of the United States with respect ‘‘(d) TRANSITION PLANS.—(1) Each individual after ‘‘master’s degree’’; to the capacity of the Afghan National Security plan created under subsection (c)(1) for a mem- (2) in the third sentence, by striking ‘‘125 such Forces (ANSF). ber of the National Guard described in para- defense industry employees’’ and inserting ‘‘250 SEC. 1051. SENSE OF CONGRESS ON THE JOINT graph (2) shall include the following: such defense industry employees’’; and WARFIGHTING ANALYSIS CENTER. ‘‘(A) A plan for the transition of the member (3) in the last sentence, by inserting before the It is the sense of Congress that the Joint to life in the civilian world, including with re- period at the end the following: ‘‘or an appro- Warfighting Analysis Center (JWAC) should spect to employment, education, and health priate professional continuing education certifi- have adequate resources to meet the continuing care. cate, as applicable’’. requirements of the combatant commands. ‘‘(B) A description of the transition services (b) UNITED STATES AIR FORCE INSTITUTE OF SEC. 1052. TRANSITION ASSISTANCE ADVISOR that the member and the member’s family will TECHNOLOGY.—Section 9314a(a) of such title is PROGRAM. need to achieve their transition objectives, in- amended— (a) PROGRAM AUTHORIZED.— cluding information on any forms that such (1) in paragraph (1), by inserting ‘‘or profes- (1) IN GENERAL.—Chapter 58 of title 10, United member will need to fill out to be eligible for sional continuing education certificate’’ after States Code, is amended by inserting after sec- such services. ‘‘graduate degree’’; tion 1144 the following new section: ‘‘(C) A point of contact for each agency or en- (2) in paragraph (2), by striking ‘‘125 defense ‘‘§ 1144a. Transition Assistance Advisors tity that can provide the transition services de- industry employees’’ and inserting ‘‘250 defense scribed in subparagraph (B). ‘‘(a) IN GENERAL.—The Secretary of Defense industry employees’’; and ‘‘(2) A member of the National Guard de- (3) in paragraph (3), by inserting before the shall establish as part of the Transition Assist- scribed in this paragraph is any member of the period at the end the following: ‘‘or an appro- ance Program (TAP) a Transition Assistance National Guard who has served on active duty priate professional continuing education certifi- Advisor (TAA) program to provide professionals in the armed forces for a period of more than 180 cate, as applicable’’. in each State to serve as statewide points of con- days. tact to assist members of the armed forces in ac- SEC. 1049. MILITARY WORKING DOG MATTERS. ‘‘(e) FUNDING.—Amounts for the program es- cessing benefits and health care furnished under (a) RETIREMENT OF MILITARY WORKING tablished under subsection (a) for a fiscal year laws administered by the Secretary of Defense DOGS.— shall be derived from amounts authorized to be (1) Section 2583 of title 10, United States Code, and benefits and health care furnished under appropriated for operations and maintenance is amended— laws administered by the Secretary of Veterans for the National Guard for that fiscal year. (A) by redesignating subsections (f) and (g) as Affairs. ‘‘(f) STATE DEFINED.—In this section, the term subsections (g) and (h), respectively; and ‘‘(b) NUMBER OF ADVISORS.—The Secretary of ‘State’ means each of the several States of the (B) by inserting after subsection (e) the fol- Defense shall ensure that the minimum number United States, the District of Columbia, and any lowing new subsection (f): of Transition Assistance Advisors in each State territory of the United States.’’. is as follows: ‘‘(f) TRANSFER OF RETIRED MILITARY WORK- (2) CLERICAL AMENDMENT.—The table of sec- ING DOGS.—If the Secretary of the military de- ‘‘(1) During the period beginning 180 days be- tions at the beginning of chapter 58 of such title partment concerned determines that a military fore the commencement of a contingency oper- is amended by inserting after the item relating working dog should be retired, and no suitable ation (or, if later, as soon before as is otherwise to section 1144 the following new item: adoption is available at the military facility practicable) and ending 180 days after the con- ‘‘1144a. Transition Assistance Advisors.’’. clusion of such contingency operation— where the dog is located, the Secretary may (b) REPORT.—Not later than 90 days after the transfer the dog— ‘‘(A) in the case of a State with fewer than date of the enactment of this Act, the Secretary ‘‘(1) to the 341st Training Squadron; or 1,500 members of the Army National Guard of of Defense shall submit to Congress a report set- ‘‘(2) to another location for adoption under the United States and the Air National Guard of ting forth a description of the efforts of the Sec- this section.’’. the United States residing in the State, not less retary to implement the requirements of section (b) VETERINARY CARE FOR RETIRED MILITARY than one Transition Assistance Advisor; and 1144A of title 10, United States Code, as added WORKING DOGS.— ‘‘(B) in the case of a State with 1,500 or more by subsection (a)(1). (1) IN GENERAL.—Chapter 50 of title 10, United members of the Army National Guard of the States Code, is amended by adding at the end United States and the Air National Guard of the Subtitle F—Reports the following new section: United States who reside in such State, not less SEC. 1061. REPORT ON STRATEGIC AIRLIFT AIR- ‘‘§ 993. Military working dogs: veterinary care than one Transition Assistance Advisor for each CRAFT. for retired military working dogs 1,500 members of the Army National Guard of Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense ‘‘(a) IN GENERAL.—The Secretary of Defense the United States and the Air National Guard of may establish and maintain a system to provide the United States who reside in such State. shall submit to the congressional defense com- for the veterinary care of retired military work- ‘‘(2) At any time not covered by paragraph mittees a report that sets forth the following: ing dogs. No funds may be provided by the Fed- (1)— (1) An assessment of the feasibility and advis- eral Government for this purpose. ‘‘(A) in the case of a State with fewer than ability of obtaining a Federal Aviation Adminis- ‘‘(b) ELIGIBLE DOGS.—A retired military work- 5,000 members of the Army National Guard of tration certification for commercial use of each ing dog eligible for veterinary care under this the United States and the Air National Guard of of the following: section is any military working dog adopted the United States residing in the State, not less (A) A commercial variant of the C–17 aircraft. under section 2583 of this title. than one Transition Assistance Advisor; and (B) A retired C–17A aircraft. ‘‘(c) STANDARDS OF CARE.—The veterinary ‘‘(B) in the case of a State with 5,000 or more (C) a retired C–5A aircraft. care provided under the system authorized by members of the Army National Guard of the (2) An assessment of the current limitations of this section shall meet such standards as the United States and the Air National Guard of the the aircraft of the Civil Reserve Air Fleet. Secretary shall establish and from time to time United States who reside in such State, not less (3) An assessment of the potential for using update.’’. than one Transition Assistance Advisor for each the aircraft referred to in paragraph (1) in the (2) CLERICAL AMENDMENT.—The table of sec- 1,500 members of the Army National Guard of Civil Reserve Air Fleet. tions at the beginning of chapter 50 of such title the United States and the Air National Guard of (4) An assessment of the advantages of adding is amended by adding at the end the following the United States who reside in such State. the aircraft referred to in paragraph (1) to the new item: ‘‘(c) DUTIES.—The duties of a Transition As- Civil Reserve Air Fleet. ‘‘993. Military working dogs: veterinary care for sistance Advisor includes the following: (5) An update on the status of any coopera- retired military working dogs.’’. ‘‘(1) To assist with the creation and execution tion between the Federal Aviation Administra- (c) RECOGNITION OF SERVICE OF MILITARY of individual transition plans for members of the tion and the Department of Defense on the cer- WORKING DOGS.—The Secretary of Defense may National Guard described in subsection (d)(2) tification of the aircraft referred to in para- authorize the recognition of military working and their families for the reintegration of such graph (1). dogs that are killed, wounded, or missing in ac- members into civilian life. (6) A description of all actions required, in- tion and military working dogs that perform an ‘‘(2) To provide employment support services cluding any impediments to such actions, to of- exceptionally meritorious or courageous act in to members of the National Guard and their fering retired C–5A aircraft or retired C–17A air- service to the United States. families, including assistance with discovering craft as excess defense articles to United States SEC. 1050. PROHIBITION ON FUNDS TO ENTER employment opportunities and identifying and allies or for sale to Civil Reserve Air Fleet car- INTO CONTRACTS OR AGREEMENTS obtaining assistance from programs within and riers. WITH ROSOBORONEXPORT. outside of the Federal Government. (7) A description of the actions required for (a) PROHIBITION.—None of the funds author- ‘‘(3) Provide information on relocation, health interested allies or Civil Reserve Air Fleet car- ized to be appropriated by this Act may be used care, mental health care, and financial support riers to take delivery of excess C–5A aircraft or

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excess C–17A aircraft, including the actions, shall submit to the congressional defense com- (b) CJCS REVIEW.—Upon the completion of modifications, or demilitarization necessary for mittees a report setting forth an assessment of the review under subsection (a), the Chairman such recipients to take delivery of such aircraft, the feasability and advisability of establishing a of the Joint Chiefs of Staff shall prepare and and provisions for permitting such recipients to joint Armed Forces historical storage and pres- submit to the Secretary of Defense the Chair- undertake responsibility for such actions, to the ervation facility. The report shall include a de- man’s assessment of the review, including the maximum extent practicable. scription and assessment of the current capac- Chairman’s assessment of risk and a description SEC. 1062. REPEAL OF BIENNIAL REPORT ON THE ities and qualities of the historical storage and of the capabilities needed to address such risk. GLOBAL POSITIONING SYSTEM. preservation facilities of each of the Armed (c) REPORT.— Section 2281 of title 10, United States Code, is Forces, including the following: (1) IN GENERAL.—Not later than one year after amended— (1) An identification of any excess capacity at the date of the enactment of this Act, the Sec- (1) by striking subsection (d); and any such facility. retary of Defense shall submit to the congres- (2) by redesignating subsection (e) as sub- (2) An identification of any shortfalls in the sional defense committees a report on the results section (d). capacity or quality of such facilities of any of the review required under subsection (a). SEC. 1063. REPEAL OF ANNUAL REPORT ON Armed Force, and a description of possible ac- (2) CONTENT.—The report required under THREAT POSED BY WEAPONS OF tions to address such shortfalls. paragraph (1) shall include the following ele- MASS DESTRUCTION, BALLISTIC MIS- SEC. 1066. STUDY ON BRADLEY FIGHTING VEHI- ments: SILES, AND CRUISE MISSILES. CLE INDUSTRIAL BASE. (A) A description of the elements set forth Section 234 of the National Defense Author- (a) IN GENERAL.—Not later than 90 days after under subsection (a)(1). ization Act for Fiscal Year 1998 (Public Law the date of the enactment of this Act, the Sec- (B) A description of the assumptions used in 105–85; 111 Stat. 1664; 50 U.S.C. 2367) is repealed. retary of the Army shall conduct a study on the the examination, including assumptions relating SEC. 1064. REPORT ON PROGRAM ON RETURN OF Bradley Fighting Vehicle industrial base. to— RARE EARTH PHOSPHORS FROM DE- (b) CONTENT.—The study required under sub- (i) the status of readiness of the Armed PARTMENT OF DEFENSE FLUORES- section (a) shall— Forces; CENT LIGHTING WASTE TO THE DO- (1) assess the quantitative impacts of a pro- (ii) the cooperation of allies, mission-sharing, MESTIC RARE EARTH SUPPLY CHAIN. duction break for the Bradley Fighting Vehicle, and additional benefits to and burdens on the (a) FINDINGS.—Congress makes the following Armed Forces resulting from coalition oper- findings: including the cost of shutdown compared to the (1) In its December 2011 report entitled ‘‘Crit- cost of continued production; and ations; (iii) warning times; ical Materials Strategy’’, the Department of En- (2) assess the qualitative impacts of a produc- (iv) levels of engagement in operations other ergy states that the heavy rare earth phosphors, tion break for the Bradley Fighting Vehicle, in- than war and smaller-scale contingencies and dysprosium, europium, terbium, and yttrium, cluding the loss of a specialized workforce and withdrawal from such operations and contin- are particularly important given their relative supplier base. gencies; scarcity and their importance to clean energy, SEC. 1067. REPORT ON MILITARY RESOURCES NECESSARY TO EXECUTE UNITED (v) the intensity, duration, and military and energy efficiency, hybrid and electric vehicles, STATES FORCE POSTURE STRATEGY political end-states of conflicts and smaller-scale and advanced defense systems, among other key IN THE ASIA PACIFIC REGION. contingencies; and technologies. (a) REVIEW REQUIRED.— (vi) the roles and responsibilities that would (2) While new sources of production of rare (1) IN GENERAL.—The Secretary of Defense be discharged by contractors. earth elements show promise, these are focused shall, in consultation with the Chairman of the (C) Any other matters the Secretary of De- primarily on the light rare earth elements. Joint Chiefs of Staff, conduct a comprehensive fense considers appropriate. (b) SENSE OF SENATE.—It is the sense of the review of the national defense strategy, force (D) The assessment of the Chairman of the Senate that— structure, force modernization plans, infrastruc- Joint Chiefs of Staff under subsection (b), in- (1) the recycling of end-use technologies that ture, budget plan, and other elements of the de- cluding related comments of the Secretary of De- use rare earth elements can provide near-term fense program and policies of the United States fense. opportunities to recapture, reprocess, and reuse with regard to the Asia Pacific region to deter- (3) FORM.—The report required under para- some of the rare earth elements contained in mine the resources, equipment, and transpor- graph (1) may be submitted in classified or un- them; tation required to meet the strategic and oper- classified form. (2) fluorescent lighting materials could prove ational plans of the United States. to be a promising recyclable source of heavy SEC. 1068. REPORT ON PLANNED EFFICIENCY INI- (2) ELEMENTS.—The review required under TIATIVES AT SPACE AND NAVAL rare earth elements; paragraph (1) shall include the following ele- WARFARE SYSTEMS COMMAND. (3) a cost-benefit analysis would be helpful in ments: (a) REPORT REQUIRED.—Not later than 90 determining the viability of a Department of De- (A) The force structure, force modernization days after the date of the enactment of this Act, fense program to recycle fluorescent lighting plans, infrastructure, budget plan, and other the Secretary of the Navy shall submit to the waste in order to increase its supplies of heavy elements of the defense program of the United congressional defense committees a report on rare earth elements; and States associated with the Asia Pacific region plans to implement efficiency initiatives to re- (4) the recycling of heavy rare earth elements that would be required to execute successfully duce overhead costs at the Space and Naval may be one component of a long term strategic the full range of missions called for in the na- Warfare Systems Command (SPAWAR), includ- plan to address the global demand for such ele- tional defense strategy. ing a detailed description of the long-term im- ments, without which such elements could be (B) An estimate of the timing for initial and pacts on current and planned future mission re- unnecessarily lost. final operational capability for each unit based (c) REPORT REQUIRED.— quirements. (1) IN GENERAL.—Not later than March 1, in, realigned within, or identified for support to SEC. 1069. STUDY ON ABILITY OF NATIONAL AIR 2013, the Secretary of Defense shall submit to the Asia Pacific region. AND GROUND TEST AND EVALUA- (C) An assessment of the strategic and tactical the congressional defense committees a report on TION INFRASTRUCTURE FACILITIES sea, ground, and air transportation required for TO SUPPORT DEFENSE HYPERSONIC the results of a cost-benefit analysis on, and on the forces assigned to the Asia Pacific region to TEST AND EVALUATION ACTIVITIES. recommendations concerning, the feasibility and meet strategic and operational plans. (a) STUDY REQUIRED.—The Director of the Of- advisability of establishing a program within (D) The specific capabilities, including the fice of Science and Technology Policy, working the Department of Defense to— with the Secretary of Defense and the Adminis- (A) recapture fluorescent lighting waste; and general number and type of specific military (B) make such waste available to entities that platforms, their permanent station, and planned trator of the National Aeronautics and Space have the ability to extract rare earth phosphors, forward operating locations needed to achieve Administration (NASA), shall conduct a study reprocess and separate them in an environ- the strategic and warfighting objectives identi- on the ability of Department of Defense and mentally safe manner, and return them to the fied in the review. NASA air and ground test and evaluation infra- domestic rare earth supply chain. (E) The forward presence, phased deploy- structure facilities and private ground test and (2) ELEMENTS.—The report required by para- ments, pre-positioning, and other anticipatory evaluation infrastructure facilities, including graph (1) shall include analysis of measures deployments of manpower or military equipment wind tunnels and air test ranges, as well as as- that could be taken to— necessary for conflict deterrence and adequate sociated instrumentation, to support defense (A) provide for the disposal and mitigation of military response to anticipated conflicts. hypersonic test and evaluation activities for the residual mercury and other hazardous byprod- (F) The budget plan that would be required to short and long term. ucts to be produced by the recycling process; provide sufficient resources to execute success- (b) REPORT AND PLAN.— and fully the full range of missions and phased oper- (1) IN GENERAL.—Not later than one year after (B) address concerns regarding the potential ations in the Asia Pacific region at a low-to- the date of the enactment of this Act, the Sec- export of heavy rare earth materials obtained moderate level of risk and any additional re- retary of Defense shall submit to the appro- from United States Government sources to non- sources (beyond those programmed in the cur- priate congressional committees a report con- allied nations. rent future-years defense program) required to taining the results of the study required under SEC. 1065. REPORT ON ESTABLISHMENT OF achieve such a level of risk. subsection (a) together with a plan for require- JOINT ARMED FORCES HISTORICAL (G) Budgetary recommendations that are not ments and proposed investments to meet Depart- STORAGE AND PRESERVATION FA- constrained to comply with and are fully inde- ment of Defense needs through 2025. CILITY. pendent of the budget submitted to Congress by (2) CONTENT.—The report required under Not later than 180 days after the date of the the President pursuant to section 1105 of title 31, paragraph (1) shall include the following ele- enactment of this Act, the Secretary of Defense United States Code. ments:

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00106 Fmt 4624 Sfmt 6333 E:\CR\FM\A12DE6.041 S12DEPT1 tjames on DSK6SPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — SENATE S7859 (A) An assessment of the current condition tical flight training in a sustained gravity envi- carried out,’ it is the sense of the Senate that and adequacy of the hypersonics test and eval- ronment in light of the report. United States deterrence and flexibility is as- uation infrastructure within the Department of SEC. 1069B. REPORT ON DEPARTMENT OF DE- sured by a robust triad of strategic delivery ve- Defense, NASA, and the private sector to sup- FENSE SUPPORT FOR UNITED hicles. To this end, the United States is com- port hypersonic research and development with- STATES DIPLOMATIC SECURITY. mitted to accomplishing the modernization and in the Department of Defense. (a) REPORT REQUIRED.—Not later than 180 replacement of its strategic nuclear delivery ve- (B) An identification of test and evaluation days after the date of the enactment of this Act, hicles, and to ensuring the continued flexibility infrastructure that could be used to support De- the Secretary of Defense shall, in coordination of United States conventional and nuclear deliv- partment of Defense hypersonic research and with the Secretary of State, submit to the Com- ery systems’’. development outside the Department and assess mittees on Armed Services of the Senate and the (3) The Senate required the President, prior to means to ensure the availability of such capa- House of Representatives a report on the find- the entry into force of the New START Treaty, bilities to the Department in the present and fu- ings of the ongoing Department of Defense re- to certify to the Senate that the President in- ture. view of defense support of United States diplo- tended to modernize or replace the triad of stra- (C) A time-phased plan to acquire required matic security. tegic nuclear delivery systems. hypersonics research, development, test and (b) ELEMENTS.—The report required by sub- (4) The President made this certification in a evaluation capabilities, including identification section (a) shall include, but not be limited to, message to the Senate on February 2, 2011, in of the resources necessary to acquire any needed such findings and recommendations as the Sec- which the President stated, ‘‘I intend to (a) capabilities that are currently not available. retaries consider appropriate with respect to the modernize or replace the triad of strategic nu- (3) APPROPRIATE CONGRESSIONAL COMMITTEES following: clear delivery systems: a heavy bomber and air- DEFINED.—In this subsection, the term ‘‘appro- (1) Department of Defense authorities, direc- launched cruise missile, an ICBM, and a nu- priate congressional committees’’ means— tives, and guidelines in support of diplomatic se- clear-powered ballistic missile submarine (SSBN) (A) the Committee on Armed Services and the curity. and SLBM; and (b) maintain the United States Committee on Commerce, Science, and Transpor- (2) Interagency processes and procedures to rocket motor industrial base’’. tation of the Senate; and identify, validate, and resource diplomatic secu- (b) REQUIREMENTS.— (B) the Committee on Armed Services and the rity support required from the Department of (1) IN GENERAL.—Chapter 23 of title 10, United Committee on Science, Space, and Technology of Defense. States Code, is amended by adding at the end the House of Representatives. (3) Department of Defense roles, missions, and the following new section: SEC. 1069A. REPORT ON SIMULATED TACTICAL resources required to fulfill requirements for ‘‘§ 491. Strategic delivery systems FLIGHT TRAINING IN A SUSTAINED United States diplomatic security, including, but ‘‘(a) ANNUAL CERTIFICATION.—Beginning in GRAVITY ENVIRONMENT. not limited to the following: fiscal year 2013, the President shall annually (a) INDEPENDENT STUDY REQUIRED.—The Sec- (A) Marine Corps Embassy Security Guard de- certify in writing to the congressional defense retary of Defense shall provide for the conduct tachments. committees whether plans to modernize or re- by an appropriate federally funded research (B) Training and advising host nation secu- place strategic delivery systems are fully funded and development center (FFRDC) of a study on rity forces for diplomatic security. at levels equal to or more than the levels set the effectiveness of simulated tactical flight (C) Intelligence collection to prevent and re- forth in the November 2010 update to the plan training in a sustained gravity environment. spond to threats to diplomatic security. referred to in section 1251 of the National De- (b) ELEMENTS.—The study conducted pursu- (D) Security assessments of diplomatic mis- fense Authorization Act for Fiscal Year 2010 ant to subsection (a) shall include the following: sions. (Public Law 111–84; 123 Stat. 2549), including (1) An assessment of the effectiveness of high (E) Support of emergency action planning. fidelity simulated tactical flight training in a plans regarding— (F) Rapid response forces to respond to ‘‘(1) a heavy bomber and air-launched cruise sustained gravity environment generally, and, threats to diplomatic security. missile; in particular, the effectiveness of such training (c) FORM.—The report required by subsection ‘‘(2) an intercontinental ballistic missile; in preparing pilots to withstand and tolerate the (a) shall be submitted in unclassified form, but ‘‘(3) a submarine-launched ballistic missile; high-gravity forces associated with the oper- may include a classified annex. ‘‘(4) a ballistic missile submarine; and ation of high-performance combat aircraft (com- SEC. 1069C. COMPTROLLER GENERAL OF THE ‘‘(5) maintaining the nuclear command and monly referred to as ‘‘G readiness’’ and ‘‘G tol- UNITED STATES REPORT ON DE- control system (as first reported in section 1043 erance’’). PARTMENT OF DEFENSE SPENDING of the National Defense Authorization Act for (2) An assessment of the cost savings to be FOR CONFERENCES AND CONVEN- Fiscal Year 2012 (Public Law 112–81; 125 Stat. achieved through the use of simulated tactical TIONS. 1576)). flight training in a sustained gravity environ- Not later than 180 days after the date of the ‘‘(b) ADDITIONAL REPORT MATTERS FOL- ment, including cost savings associated with op- enactment of this Act, the Comptroller General LOWING CERTAIN CERTIFICATIONS.—If the Presi- eration and maintenance and life cycle savings of the United States shall submit to the congres- dent certifies under subsection (a) that plans to associated with aircraft and airframe usage. sional defense committees a report setting forth modernize or replace strategic delivery systems (3) An assessment of the safety benefits to be an assessment of Department of Defense spend- are not fully funded, the President shall include achieved through the use of simulated tactical ing for conferences and conventions. The report in the next annual report submitted to Congress flight training in a sustained gravity environ- shall include, at a minimum, an assessment of under section 1043 of the National Defense Au- ment. the following: thorization Act for Fiscal Year 2012 the fol- (4) An identification and assessment of other (1) The extent to which Department spending lowing: benefits to be achieved through the use of simu- for conferences and conventions has been waste- ‘‘(1) A determination whether or not the lack lated tactical flight training in a sustained ful or excessive. of full funding will result in a loss of military gravity environment, including benefits relating (2) The actions the Department has taken to capability when compared with the November to physiological research and benefits relating control spending for conferences and conven- 2010 update to the plan referred to in section to reductions in carbon emissions. tions, and the efficacy of those actions. 1251 of the National Defense Authorization Act (5) An evaluation and comparison of tactical (3) Any fees incurred for the cancellation of for Fiscal Year 2010. flight simulators that could be used for simu- conferences or conventions and an evaluation of ‘‘(2) If the determination under paragraph (1) lated tactical flight training in a sustained the impact of cancelling conferences and con- is that the lack of full funding will result in a gravity environment. ventions. loss of military capability— (6) Such other matters relating to the use of Subtitle G—Nuclear Matters ‘‘(A) a plan to preserve or retain the military simulated tactical flight training in a sustained capability that would otherwise be lost; or gravity environment as the Secretary shall SEC. 1071. STRATEGIC DELIVERY SYSTEMS. ‘‘(B) a report setting forth— specify for purposes of the study. (a) FINDINGS.—Congress makes the following ‘‘(i) an assessment of the impact of the lack of (c) REPORT.—In providing for study pursuant findings: full funding on the strategic delivery systems to subsection (a), the Secretary shall require the (1) The Nuclear Posture Review of 2010 said, specified in subsection (a); and federally funded research and development cen- with respect to modernizing the triad, ‘‘for ‘‘(ii) a description of the funding required to ter conducting the study to submit to the Sec- planned reductions under New START, the restore or maintain the capability. retary a report on the results of the study, in- United States should retain a smaller Triad of ‘‘(3) A certification by the President whether cluding the matters specified in subsection (b), SLBMs, ICBMs, and heavy bombers. Retaining or not the President is committed to accom- by not later than 18 months after the date of the all three Triad legs will best maintain strategic plishing the modernization and replacement of enactment of this Act. stability at reasonable cost, while hedging strategic delivery systems and will meet the obli- (d) TRANSMITTAL TO CONGRESS.—Not later against potential technical problems or gations concerning nuclear modernization as set than 90 days after the submittal to the Secretary vulnerabilities’’. forth in declaration 12 of the Resolution of Ad- of the report required by subsection (c), the Sec- (2) The Senate stated in Declaration 12 of the vice and Consent to Ratification of the New retary shall transmit the report to the congres- Resolution of Advice and Consent to Ratifica- START Treaty. sional defense committees, together with any tion of the New START Treaty that ‘‘In accord- ‘‘(c) TREATMENT OF CERTAIN REDUCTIONS.— comments of the Secretary in light of the report ance with paragraph 1 of Article V of the New Any certification under subsection (a) shall not and such recommendations for legislative or ad- START Treaty, which states that, ‘Subject to take into account the following: ministrative action as the Secretary considers the provisions of this Treaty, modernization and ‘‘(1) Reductions made to ensure the safety, se- appropriate regarding the use of simulated tac- replacement of strategic offensive arms may be curity, reliability, and credibility of the nuclear

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Perry Center for Hemispheric De- (1) that the Department of Defense should tems, including activities related to surveillance, fense Studies’’. make every reasonable and practical effort to assessment, certification, testing, and mainte- (2) REFERENCES.—Any reference in any law, increase the number of United States citizens nance of nuclear warheads and delivery sys- regulation, map, document, record, or other who pursue advanced degrees in science, tech- tems. paper of the United States to the center referred nology, engineering, and mathematics; and ‘‘(2) Strategic delivery systems that are retired to in paragraph (1) shall be considered to be a (2) to strongly urge the Department of Defense or awaiting dismantlement on the date of the reference to the William J. Perry Center for to investigate innovative mechanisms (subject to certification under subsection (a). Hemispheric Defense Studies. all appropriate security requirements) to access ‘‘(d) DEFINITIONS.—In this section: (b) CONFORMING AMENDMENTS.—Title 10, to the pool of talent of non-United States citi- ‘‘(1) The term ‘New START Treaty’ means the United States Code, is amended as follows: zens with advanced scientific and technical de- Treaty between the United States of America (1) In section 184— grees from United States institutions of higher and the Russian Federation on Measures for the (A) in subsection (b)(2), by striking subpara- education, especially in those scientific and Further Reduction and Limitation of Strategic graph (C) and inserting the following new sub- technical areas that are most vital to the na- Offensive Arms, signed on April 8, 2010, and en- paragraph (C): tional defense (such as those identified by the tered into force on February 5, 2011. ‘‘(C) The William J. Perry Center for Hemi- Assistant Secretary of Defense for Research and ‘‘(2) The term ‘strategic delivery system’ spheric Defense Studies, established in 1997 and Engineering and the Armed Forces). means a delivery system for nuclear weapons.’’. located in Washington, D.C.’’; and SEC. 1084. SENSE OF SENATE ON THE MAINTE- (2) CLERICAL AMENDMENT.—The table of sec- (B) in subsection (f)(5), by striking ‘‘Center NANCE BY THE UNITED STATES OF A tions at the beginning of chapter 23 of such title for Hemispheric Defense Studies’’ and inserting TRIAD OF STRATEGIC NUCLEAR DE- is amended by adding at the end the following ‘‘William J. Perry Center for Hemispheric De- LIVERY SYSTEMS. new item: fense Studies’’. (a) FINDINGS.—The Senate finds the following: ‘‘491. Strategic delivery systems.’’. (2) In section 2611(a)(2), by striking subpara- (1) The April 2010 Nuclear Posture Review SEC. 1072. REQUIREMENTS DEFINITION FOR COM- graph (C) and inserting the following new sub- concluded that even with the reductions speci- BINED WARHEAD FOR CERTAIN MIS- paragraph (C): fied in the New START Treaty, the United SILE SYSTEMS. ‘‘(C) The William J. Perry Center for Hemi- States should retain a nuclear ‘‘Triad’’ of land- Not later than 60 days after the date of the spheric Defense Studies.’’. based intercontinental ballistic missiles, sub- enactment of this Act, the Nuclear Weapons SEC. 1082. TECHNICAL AMENDMENTS TO REPEAL marine-launched ballistic missiles and nuclear Council shall submit Congress a report setting STATUTORY REFERENCES TO capable heavy bombers, noting that ‘‘[r]etaining forth a definition of the requirements for a com- UNITED STATES JOINT FORCES COM- all three Triad legs will best maintain strategic bined warhead for the W–78 Minuteman III mis- MAND. stability at reasonable cost, while hedging sile system and the W–88 Trident D–5 missile Title 10, United States Code, is amended as against potential technical problems or system. The definition shall serve as the basis follows: vulnerabilities’’. for a 6.1 conception definition and 6.2 feasibility (1)(A) Section 232 is repealed. (2) The resolution of ratification for the New study for the combined systems. (B) The table of sections at the beginning of START Treaty, which the Senate approved on SEC. 1073. CONGRESSIONAL BUDGET OFFICE ES- chapter 9 is amended by striking the item relat- December 22, 2010, stated that ‘‘it is the sense of TIMATE OF COSTS OF NUCLEAR ing to section 232. the Senate that United States deterrence and WEAPONS AND DELIVERY SYSTEMS. (2) Section 2859(d) is amended— flexibility is assured by a robust triad of stra- Not later than one year after the date of the (A) by striking paragraph (2); and tegic delivery vehicles. To this end, the United enactment of this Act, the Director of the Con- (B) by redesignating paragraph (3) as para- States is committed to accomplishing the mod- gressional Budget Office shall submit to the con- graph (2). ernization and replacement of its strategic nu- gressional defense committees a report setting (3) Section 10503(13)(B) is amended— clear delivery vehicles, and to ensuring the con- forth the following: (A) by striking clause (iii); and tinued flexibility of United States conventional (1) An estimate of the costs over the 10-year (B) redesignating clause (iv) as clause (iii). and nuclear delivery systems’’. period beginning on the date of the report asso- SEC. 1083. SENSE OF CONGRESS ON NON-UNITED (3) In a message to the Senate on February 2, ciated with fielding and maintaining the current STATES CITIZENS WHO ARE GRAD- 2011, President Obama certified that he intended nuclear weapons and nuclear weapon delivery UATES OF UNITED STATES EDU- to ‘‘modernize or replace the triad of strategic systems of the United States. CATIONAL INSTITUTIONS WITH AD- nuclear delivery systems: a heavy bomber and VANCED DEGREES IN SCIENCE, (2) An estimate of the costs over the 10-year air-launched cruise missile, an ICBM, and a nu- period beginning on the date of the report of TECHNOLOGY, ENGINEERING, AND MATHEMATICS. clear-powered ballistic missile submarine (SSBN) any life extension, modernization, or replace- (a) FINDINGS.—Congress makes the following and SLBM’’ and to ‘‘maintain the United States ment of any current nuclear weapons or nuclear findings: rocket motor industrial base’’. weapon delivery systems of the United States (1) It is a national security concern that more (b) SENSE OF SENATE.—It is the sense of the that is anticipated as of the date of the report. than half of all graduates with advanced sci- Senate that— SEC. 1074. BRIEFINGS ON DIALOGUE BETWEEN entific and technical degrees from United States (1) the United States should maintain a triad THE UNITED STATES AND THE RUS- institutions of higher education are non-United of strategic nuclear delivery systems; and SIAN FEDERATION ON NUCLEAR (2) the United States is committed to modern- States citizens who have very limited opportuni- ARMS, MISSILE DEFENSE, AND LONG- izing the component weapons and delivery sys- ties upon graduation to contribute to the science RANGE CONVENTIONAL STRIKE SYS- tems of that triad. TEMS. and technology activities of the Department of SEC. 1085. PLAN TO PARTNER WITH STATE AND (a) BRIEFINGS.—Not later than 60 days after Defense and the United States defense indus- LOCAL ENTITIES TO ADDRESS VET- the date of the enactment of this Act, and not trial base. ERANS CLAIMS BACKLOG. less than twice each year thereafter, the Presi- (2) The capabilities of the Armed Forces are (a) FINDINGS.—Congress makes the following dent, or the President’s designee, shall brief the highly reliant upon advanced technologies that findings: Committees on Foreign Relations and Armed provide our forces with a technological edge on (1) The Department of Veterans Affairs de- Services of the Senate on the dialogue between the battlefield. fines any claim for benefits under laws adminis- the United States and the Russian Federation (3) In order to maintain and advance our mili- tered by the Secretary of Veterans Affairs as on issues related to limits or controls on nuclear tary technological superiority, the United States backlogged if the claim has been pending for 125 arms, missile defense systems, or long-range con- requires the best and brightest scientists, mathe- days or more. ventional strike systems. maticians, and engineers to discover, develop, (2) According to the Department, as of Novem- (b) SENSE OF THE SENATE ON CERTAIN AGREE- and field the next generation of weapon systems ber 24, 2012, there were 899,540 pending claims, MENTS.—It is the sense of the Senate that any and defense technologies. with 604,583 (67.2 percent) of those considered agreement between the United States and the (4) The Department of Defense and the de- backlogged. Russian Federation related to missile defense, fense industrial base compete with other sectors (3) The Department’s data further shows that, nuclear weapons, or long-range conventional for a limited number of United States citizens on November 22, 2010, there were 749,934 claims strike systems obligating the United States to re- who have appropriate advanced degrees and pending, with only 244,129 (32.6 percent) of duce or limit the Armed Forces or armaments of skills. those considered backlogged. the United States in any militarily significant (5) While an overarching national priority is (4) During the past two years, both the overall manner may be made only pursuant to the trea- to increase the numbers of United States citizens number of backlogged claims and the percentage ty-making power of the President as set forth in who have appropriate advanced degrees in of all pending claims that are backlogged have Article II, section 2, clause 2 of the Constitution science, technology, engineering, and mathe- doubled. of the United States. matics (STEM), it would be beneficial if the De- (5) In order to reduce the claims backlog at re- Subtitle H—Other Matters partment of Defense and the defense industrial gional offices of the Department of Veterans Af- base were able to access the pool of talent of SEC. 1081. REDESIGNATION OF THE CENTER FOR fairs located in Texas, the Texas Veterans Com- HEMISPHERIC DEFENSE STUDIES AS non-United States citizens with advanced sci- mission announced two initiatives on July 19, THE WILLIAM J. PERRY CENTER FOR entific and technical degrees from United States 2012, to partner with the Department of Vet- HEMISPHERIC DEFENSE STUDIES. institutions of higher education, many of whom erans Affairs— (a) REDESIGNATION.— are otherwise returning to their home countries. (A) to assist veterans whose claims are al- (1) IN GENERAL.—The Center for Hemispheric (b) SENSE OF CONGRESS.—It is the sense of ready backlogged to complete development of Defense Studies is hereby redesignated as the Congress— those claims; and

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(B) to help veterans who are filing new claims (B) will fit into the Secretary’s overall claims (c) TECHNICAL AND CONFORMING AMEND- to fully develop those claims prior to filing them, processing transformation plan. MENTS.— shortening the processing time required. SEC. 1086. SENSE OF THE SENATE ON PROTEC- (1) SMALL BUSINESS ACT.—The Small Business (6) The common goal of the two initiatives of TION OF DEPARTMENT OF DEFENSE Act (15 U.S.C. 631 et seq.), as amended by this the Texas Veterans Commission, called the AIRFIELDS, TRAINING AIRSPACE, section, is amended— ‘‘Texas State Strike Force Team’’ and the AND AIR TRAINING ROUTES. (A) by redesignating sections 34 through 45 as ‘‘Fully Developed Claims Team Initiative’’, is to It is the sense of the Senate that— sections 33 through 44, respectively; reduce the backlog of claims pending in Texas (1) Department of Defense airfields, training (B) in section 9(k)(1)(D) (15 U.S.C. by 17,000 within one year. airspace, and air training routes are national 638(k)(1)(D)), by striking ‘‘section 34(d)’’ and in- (7) During the first two months of these new treasures that must be protected from encroach- serting ‘‘section 33(d)’’; initiatives, the Texas Veterans Commission ment; (C) in section 33 (15 U.S.C. 657d), as so redes- helped veterans complete development of more (2) placement or emplacement of obstructions ignated— than 2,500 backlogged claims and assisted vet- near or on Department of Defense airfields, (i) by striking ‘‘section 35’’ each place it ap- erans with the submission of more than 800 fully training airspace, or air training routes has the pears and inserting ‘‘section 34’’; potential of increasing risk to military aircraft (ii) in subsection (a)— developed claims. (I) in paragraph (2), by striking ‘‘section (8) In testimony before the Subcommittee on and personnel as well as impacting training and 35(c)(2)(B)’’ and inserting ‘‘section 34(c)(2)(B)’’; Disability Assistance and Memorial Affairs of readiness; and (II) in paragraph (4), by striking ‘‘section the Committee on Veterans’ Affairs of the House (3) the Department of Defense should develop 35(c)(2)’’ and inserting ‘‘section 34(c)(2)’’; and of Representatives on September 21, 2012, Diana comprehensive rules and regulations to address (III) in paragraph (5), by striking ‘‘section Rubens, Deputy Under Secretary for Field Oper- construction and use of land in close proximity 35(c)’’ and inserting ‘‘section 34(c)’’; and ations of the Veterans Benefits Administration, to Department of Defense airfields, training (iii) in subsection (h)(2), by striking ‘‘section indicated that the Department of Veterans Af- areas, or air training routes to ensure compat- 35(d)’’ and inserting ‘‘section 34(d)’’; fairs has experienced positive outcomes in ibility with military aircraft operations. (D) in section 34 (15 U.S.C. 657e), as so redes- projects with the Texas Veterans Commission, SEC. 1087. EXTENSION OF AUTHORITIES TO ignated— stating that both Veterans Service Organiza- CARRY OUT A PROGRAM OF REFER- (i) by striking ‘‘section 34’’ each place it ap- tions ‘‘and state and county service RAL AND COUNSELING SERVICES TO pears and inserting ‘‘section 33’’; and officers...are important partners in VBA’s VETERANS AT RISK OF HOMELESS- (ii) in subsection (c)(1), by striking section transformation to better serve Veterans.’’. NESS WHO ARE TRANSITIONING ‘‘34(c)(1)(E)(ii)’’ and inserting section (9) At the same hearing, Mr. John Limpose, FROM CERTAIN INSTITUTIONS. ‘‘33(c)(1)(E)(ii)’’; director of the regional office of the Department Section 2023(d) of title 38, United States Code, (E) in section 36(d) (15 U.S.C. 657i(d)), as so of Veterans Affairs in Waco, Texas, testified is amended by striking ‘‘September 30, 2012’’ and redesignated, by striking ‘‘section 43’’ and in- that the ‘‘TVC is working very, very well’’ with inserting ‘‘September 30, 2013’’. serting ‘‘section 42’’; regional offices of the Department in Texas, SEC. 1088. SENSE OF CONGRESS THAT THE BUGLE (F) in section 39(d) (15 U.S.C. 657l(d)), as so calling the Texas Veterans Commission a ‘‘very CALL COMMONLY KNOWN AS TAPS redesignated, by striking ‘‘section 43’’ and in- SHOULD BE DESIGNATED AS THE NA- serting ‘‘section 42’’; and positive story that we can branch out TIONAL SONG OF MILITARY REMEM- into...all of our stakeholders.’’. (G) in section 40(b) (15 U.S.C. 657m(b)), as so BRANCE. redesignated, by striking ‘‘section 43’’ and in- (b) REPORT.— It is the sense of Congress that the bugle call (1) IN GENERAL.—Not later than 60 days after serting ‘‘section 42’’. commonly known as ‘‘Taps’’ should be des- the date of the enactment of this Act, the Sec- (2) TITLE 10.—Section 1142(b)(13) of title 10, ignated as the National Song of Military Re- retary of Veterans Affairs shall submit to Con- United States Code, is amended by striking membrance. gress a plan to reduce the current backlog of ‘‘and the National Veterans Business Develop- pending claims for benefits under laws adminis- SEC. 1089. REPORTS ON THE POTENTIAL SECU- ment Corporation’’. RITY THREAT POSED BY BOKO (3) TITLE 38.—Section 3452(h) of title 38, tered by the Secretary and more efficiently proc- HARAM. United States Code, is amended by striking ess claims for such benefits in the future. (a) DIRECTOR OF NATIONAL INTELLIGENCE RE- ‘‘any of the’’ and all that follows and inserting (2) CONTENTS.—The report required by para- PORT.—Not later than 180 days after the date of ‘‘any small business development center de- graph (1) shall include the following: the enactment of this Act, the Director of Na- (A) A summary of all steps the Secretary has scribed in section 21 of the Small Business Act tional Intelligence shall submit to Congress an taken thus far to partner with non-Federal enti- (15 U.S.C. 648), insofar as such center offers, intelligence assessment of the Nigerian organi- ties in support of efforts to reduce the backlog sponsors, or cosponsors an entrepreneurship zation known as Boko Haram. Such assessment described in paragraph (1) and more efficiently course, as that term is defined in section shall address the following: process claims described in such paragraph in 3675(c)(2).’’. (1) The organizational structure, operational (4) FOOD, CONSERVATION, AND ENERGY ACT OF the future, including two previous initiatives by goals, and funding sources of Boko Haram. 2008.—Section 12072(c)(2) of the Food, Conserva- the Texas Veterans Commission, namely the (2) The extent to which Boko Haram threatens tion, and Energy Act of 2008 (15 U.S.C. 2008–2009 Development Assistant Pilot Project the stability of Nigeria and surrounding coun- 636g(c)(2)) is amended by striking ‘‘section 43 of and the 2009–2011 Claims Processing Assistance tries. the Small Business Act, as added by this Act’’ Team. and inserting ‘‘section 42 of the Small Business (B) A plan for the Secretary to partner with (3) The extent to which Boko Haram threatens Act (15 U.S.C. 657o)’’. non-Federal entities to support efforts to reduce the security of citizens of the United States or (5) VETERANS ENTREPRENEURSHIP AND SMALL such backlog and more efficiently process such the national security or interests of the United BUSINESS DEVELOPMENT ACT OF 1999.—Section claims in the future, including the following: States. 203(c)(5) of the Veterans Entrepreneurship and (i) State and local agencies relating to vet- (4) Any interaction between Boko Haram and Small Business Development Act of 1999 (15 erans affairs. al-Qaeda in the Islamic Maghreb or other al- U.S.C. 657b note) is amended by striking ‘‘In co- (ii) Organizations recognized by the Secretary Qaeda affiliates with respect to operational operation with the National Veterans Business for the representation of veterans under section planning and execution, training, and funding. Development Corporation, develop’’ and insert- 5902 of title 38, United States Code. (5) The capacity of Nigerian security forces to ing ‘‘Develop’’. (iii) Such other relevant government and non- counter the threat posed by Boko Haram and an government entities as the Secretary considers assessment of the effectiveness of the strategy of SEC. 1091. WHITE SANDS MISSILE RANGE AND FORT BLISS. appropriate. the Nigerian government to date. (a) WITHDRAWAL.— (C) A description of how the Secretary intends (6) Any intelligence gaps with respect to the leadership, operational goals, and capabilities of (1) IN GENERAL.—Subject to valid existing to leverage partnerships with non-Federal enti- rights and paragraph (3), the Federal land de- ties described in subparagraph (B) to eliminate Boko Haram. (b) SECRETARY OF STATE REPORT.—Not later scribed in paragraph (2) is withdrawn from— such backlog, including through increasing the (A) entry, appropriation, and disposal under percentage of claims that are fully developed than 90 days after the date the report required by subsection (a) is submitted to Congress, the the public land laws; prior to submittal to the Secretary and ensuring (B) location, entry, and patent under the min- Secretary of State shall submit to Congress a re- that new claims are fully developed prior to ing laws; and their submittal. port describing the strategy of the United States (C) operation of the mineral leasing, mineral (D) A description of what steps the Secretary to counter the threat posed by Boko Haram. materials, and geothermal leasing laws. has taken and will take— SEC. 1090. NATIONAL VETERANS BUSINESS DE- (2) DESCRIPTION OF FEDERAL LAND.—The Fed- (i) to expedite the processing of claims that VELOPMENT CORPORATION. eral land referred to in paragraph (1) consists are already fully developed at the time of sub- (a) IN GENERAL.—The Small Business Act (15 of— mittal; and U.S.C. 631 et seq.) is amended by striking section (A) the approximately 5,100 acres of land de- (ii) to support initiatives by non-Federal enti- 33 (15 U.S.C. 657c). picted as ‘‘Parcel 1’’ on the map entitled ‘‘White ties described in subparagraph (B) to help (b) CORPORATION.—On and after the date of Sands Missile Range/Fort Bliss/BLM Land claimants gather and submit necessary evidence enactment of this Act, the National Veterans Transfer and Withdrawal’’ and dated April 3, for claims that were previously filed but require Business Development Corporation and any suc- 2012 (referred to in this section as the ‘‘map’’); further development. cessor thereto may not represent that the cor- (B) the approximately 37,600 acres of land de- (E) A description of how partnerships with poration is federally chartered or in any other picted as ‘‘Parcel 2’’, ‘‘Parcel 3’’, and ‘‘Parcel non-Federal entities described in subparagraph manner authorized by the Federal Government. 4’’ on the map; and

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00109 Fmt 4624 Sfmt 6333 E:\CR\FM\A12DE6.041 S12DEPT1 tjames on DSK6SPTVN1PROD with S7862 CONGRESSIONAL RECORD — SENATE December 12, 2012 (C) any land or interest in land that is ac- ‘‘(3) The prohibition imposed by paragraph (1) ‘‘(2) The period beginning on October 1, 2012, quired by the United States within the bound- does not apply to a transfer of a veterans memo- and ending on September 30, 2017.’’. aries of the parcels described in subparagraph rial object if— SEC. 1096. PROTECTION OF VETERANS’ MEMO- (B). ‘‘(A) the transfer of that veterans memorial RIALS. (3) LIMITATION.—Notwithstanding paragraph object is specifically authorized by law; or (a) TRANSPORTATION OF STOLEN MEMO- (1), the land depicted as ‘‘Parcel 4’’ on the map ‘‘(B) the transfer is made after September 30, RIALS.—Section 2314 of title 18, United States is not withdrawn for purposes of the issuance of 2017.’’. Code, is amended by adding at the end the fol- oil and gas pipeline rights-of-way. (b) REPEAL OF OBSOLETE SOURCE LAW.—Sec- lowing: (b) RESERVATION.—The Federal land described tion 1051 of the National Defense Authorization ‘‘In the case of an offense under the first in subsection (a)(2)(A) is reserved for use by the Act for Fiscal Year 2000 (Public Law 106–65; 10 paragraph of this section, if the goods, wares, or Secretary of the Army for military purposes in U.S.C. 2572 note) is repealed. merchandise consist of or include a veterans’ accordance with Public Land Order 833, dated SEC. 1094. TRANSFER OF EXCESS AIRCRAFT TO memorial, the requirement of that paragraph May 21, 1952 (17 Fed. Reg. 4822). OTHER DEPARTMENTS. that the goods, wares, or merchandise have a (c) TRANSFER OF ADMINISTRATIVE JURISDIC- (a) TRANSFER.—Subject to subsection (c), the value of $5,000 or more does not apply. In this TION.—Effective on the date of enactment of this Secretary of Defense shall transfer excess air- paragraph, the term ‘veterans’ memorial’ means Act, administrative jurisdiction over the ap- craft specified in subsection (b) to the Secretary a grave marker, headstone, monument, or other proximately 2,050 acres of land generally de- of Agriculture and the Secretary of Homeland object, intended to permanently honor a veteran picted as ‘‘Parcel 2’’ on the map— Security for use by the Forest Service and the or mark a veteran’s grave, or any monument (1) is transferred from the Secretary of the United States Coast Guard. The transfer of any that signifies an event of national military his- Army to the Secretary of the Interior (acting excess aircraft under this subsection shall be torical significance.’’. through the Director of the Bureau of Land without reimbursement. (b) SALE OR RECEIPT OF STOLEN MEMO- (b) AIRCRAFT.— Management); and RIALS.—Section 2315 of such title is amended by (1) IN GENERAL.—The aircraft transferred (2) shall be managed in accordance with— adding at the end the following: under subsection (a) are aircraft of the Depart- (A) the Federal Land Policy and Management ‘‘In the case of an offense under the first ment of Defense that are— Act of 1976 (43 U.S.C. 1701 et seq.); and paragraph of this section, if the goods, wares, or (A) identified by the Forest Service or the (B) any other applicable laws. merchandise consist of or include a veterans’ United States Coast Guard as a suitable plat- (d) LEGAL DESCRIPTION.— memorial, the requirement of that paragraph form to carry out their respective missions; (1) IN GENERAL.—As soon as practicable after that the goods, wares, or merchandise have a the date of enactment of this Act, the Secretary (B) subject to paragraphs (2) and (3), excess to the needs of the Department of Defense, as de- value of $5,000 or more does not apply. In this of the Interior shall publish in the Federal Reg- paragraph, the term ‘veterans’ memorial’ means ister a legal description of the Federal land termined by the Secretary of Defense; (C) acceptable for use by the Forest Service, as a grave marker, headstone, monument, or other withdrawn by subsection (a). object, intended to permanently honor a veteran (2) FORCE OF LAW.—The legal description pub- determined by the Secretary of Agriculture; and or mark a veteran’s grave, or any monument lished under paragraph (1) shall have the same (D) acceptable for use by the United States that signifies an event of national military his- force and effect as if included in this Act, except Coast Guard, as determined by the Secretary of torical significance.’’. that the Secretary of the Interior may correct er- Homeland Security. rors in the legal description. (2) LIMITATION ON NUMBER.—The number of SEC. 1097. TRANSPORTATION OF INDIVIDUALS TO aircraft that may be transferred to either the AND FROM FACILITIES OF DEPART- (3) REIMBURSEMENT OF COSTS.—The Secretary MENT OF VETERANS AFFAIRS. of the Army shall reimburse the Secretary of the Secretary of Agriculture or the Secretary of (a) IN GENERAL.—Chapter 1 of title 38, United Interior for any costs incurred by the Secretary Homeland Security may not exceed 12 aircraft. (3) LIMITATIONS ON DETERMINATION AS EX- States Code, is amended by inserting after sec- of the Interior in implementing this subsection CESS.—Aircraft may not be determined to be ex- tion 111 the following new section: with regard to the Federal land described in cess for the purposes of this subsection, unless subsection (a)(2)(A). ‘‘§ 111A. Transportation of individuals to and such aircraft are determined to be excess in the from Department facilities SEC. 1092. TRANSPORT FOR FEMALE GENITAL MU- report referenced by subsection (b) of section TILATION. ‘‘(a) TRANSPORTATION BY SECRETARY.—The 1703 of title XVII of this Act, or if such aircraft Section 116 of title 18, United States Code, is Secretary may transport any person to or from are otherwise prohibited from being determined amended by adding at the end the following: a Department facility or other place in connec- excess by law. ‘‘(d) Whoever knowingly transports from the tion with vocational rehabilitation, counseling (c) PRIORITY IN TRANSFER.—The Secretary of United States and its territories a person in for- required by the Secretary pursuant to chapter 34 Agriculture and the Secretary of Homeland Se- eign commerce for the purpose of conduct with or 35 of this title, or for the purpose of examina- curity shall be afforded equal priority in the regard to that person that would be a violation tion, treatment, or care.’’. transfer under subsection (a) of excess aircraft of subsection (a) if the conduct occurred within (b) CONFORMING AMENDMENT.—Subsection (h) of the Department of Defense specified in sub- the United States, or attempts to do so, shall be of section 111 of such title is— section (b) before any other department or agen- fined under this title or imprisoned not more (1) transferred to section 111A of such title, as cy of the Federal Government. than 5 years, or both.’’. added by subsection (a); (d) CONDITIONS OF TRANSFER.—Excess aircraft (2) redesignated as subsection (b); SEC. 1093. RENEWAL OF EXPIRED PROHIBITION transferred to the Secretary of Agriculture (3) inserted after subsection (a) of such sec- ON RETURN OF VETERANS MEMO- under subsection (a)— tion; and RIAL OBJECTS WITHOUT SPECIFIC (1) may be used only for wildfire suppression AUTHORIZATION IN LAW. (4) amended by inserting ‘‘TRANSPORTATION purposes; and (a) CODIFICATION OF PROHIBITION.—Section (2) may not be flown or otherwise removed BY THIRD-PARTIES.—’’ before ‘‘The Secretary’’. 2572 of title 10, United States Code, is amended from the United States unless dispatched by the (c) CLERICAL AMENDMENT.—The table of sec- by adding at the end the following new sub- National Interagency Fire Center in support of tions at the beginning of chapter 1 of such title section: an international agreement to assist in wildfire is amended by inserting after the item relating ‘‘(e)(1) Except as provided in paragraph (3), suppression efforts or for other purposes ap- to section 111 the following new item: and notwithstanding this section or any other proved by the Secretary of Agriculture in writ- ‘‘111A. Transportation of individuals to and provision of law, the President may not transfer ing in advance. from Department facilities.’’. a veterans memorial object to a foreign country (e) EXPIRATION OF AUTHORITY.—The author- SEC. 1098. NATIONAL PUBLIC AWARENESS AND or an entity controlled by a foreign government, ity to transfer excess aircraft under subsection PARTICIPATION CAMPAIGN FOR VET- or otherwise transfer or convey such an object (a) shall expire on December 31, 2013. ERANS’ HISTORY PROJECT OF AMER- to any person or entity for purposes of the ulti- ICAN FOLKLIFE CENTER. SEC. 1095. REAUTHORIZATION OF SALE OF AIR- (a) IN GENERAL.—The Director of the Amer- mate transfer or conveyance of the object to a CRAFT AND PARTS FOR WILDFIRE foreign country or entity controlled by a foreign SUPPRESSION PURPOSES. ican Folklife Center at the Library of Congress government. Section 2 of the Wildfire Suppression Aircraft shall carry out a national public awareness and ‘‘(2) In this subsection: Transfer Act of 1996 (10 U.S.C. 2576 note) is participation campaign for the program required ‘‘(A) The term ‘entity controlled by a foreign amended— by section 3(a) of the Veterans’ Oral History government’ has the meaning given that term in (1) in subsection (a), by striking ‘‘during the Project Act (20 U.S.C. 2142(a)). Such campaign section 2536(c)(1) of this title. period beginning on October 1, 1996, and ending shall provide for the following: ‘‘(B) The term ‘veterans memorial object’ on September 30, 2005’’ and inserting ‘‘during a (1) Encouraging the people of the United means any object, including a physical structure period specified in subsection (g)’’; States, veterans organizations, community or portion thereof, that— (2) by redesignating subsection (g) as sub- groups, and national organizations to partici- ‘‘(i) is located at a cemetery of the National section (h); and pate in such program. Cemetery System, war memorial, or military in- (3) by inserting after subsection (f) the fol- (2) Ensuring greater awareness and participa- stallation in the United States; lowing new subsection (g): tion throughout the United States in such pro- ‘‘(ii) is dedicated to, or otherwise memorial- ‘‘(g) PERIODS FOR EXERCISE OF AUTHORITY.— gram. izes, the death in combat or combat-related du- The periods specified in this subsection are the (3) Providing meaningful opportunities for ties of members of the armed forces; and following: learning about the experiences of veterans. ‘‘(iii) was brought to the United States from ‘‘(1) The period beginning on October 1, 1996, (4) Complementing the efforts supporting the abroad as a memorial of combat abroad. and ending on September 30, 2005. readjustment and successful reintegration of

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00110 Fmt 4624 Sfmt 6333 E:\CR\FM\A12DE6.041 S12DEPT1 tjames on DSK6SPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — SENATE S7863 veterans into civilian life after service in the ‘‘(i) to demonstrate that when the State ap- inserting after ‘‘Guam,’’ the following: ‘‘the Armed Forces. proves or denies a certification or license de- Commonwealth of the Northern Mariana Is- (b) COORDINATION AND COOPERATION.—To the scribed in subparagraph (B) for a veteran the lands,’’. degree practicable, the Director shall, in car- State takes into consideration any training re- TITLE XI—CIVILIAN PERSONNEL MATTERS rying out the campaign required by subsection ceived or experience gained by the veteran while SEC. 1101. AUTHORITY FOR TRANSPORTATION OF (a), coordinate and cooperate with veterans serving on active duty in the Armed Forces; and FAMILY HOUSEHOLD PETS OF CIVIL- service organizations. ‘‘(ii) to disclose to the Secretary in writing the IAN PERSONNEL DURING EVACU- (c) VETERANS SERVICE ORGANIZATION DE- following: ATION OF NON-ESSENTIAL PER- FINED.—In this section, the term ‘‘veterans serv- ‘‘(I) Criteria applicants must satisfy to receive SONNEL. ice organization’’ means any organization rec- a certification or license described in subpara- Section 5725 of title 5, United States Code, is ognized by the Secretary of Veterans Affairs for graph (B) by the State. amended— the representation of veterans under section ‘‘(II) A description of the standard practices (1) in subsection (a)(2), by inserting ‘‘and 5902 of title 38, United States Code. of the State for evaluating training received by family household pets,’’ after ‘‘personal ef- veterans while serving on active duty in the SEC. 1099. TECHNICAL AMENDMENTS RELATING fects,’’; and TO THE TERMINATION OF THE Armed Forces and evaluating the documented (2) by adding at the end the following new ARMED FORCES INSTITUTE OF PA- work experience of such veterans during such subsection: THOLOGY UNDER DEFENSE BASE service for purposes of approving or denying a ‘‘(c)(1) Authority under subsection (a) to CLOSURE AND REALIGNMENT. certification or license described in subpara- transport family household pets of an employee Section 177 of title 10, United States Code, is graph (B). includes authority for shipment and the pay- amended— ‘‘(III) Identification of areas in which train- ment of quarantine costs, if any. (1) in subsection (a)— ing and experience described in subclause (II) ‘‘(2) An employee for whom transportation of (A) in paragraph (2)— fails to meet criteria described in subclause (I).’’ family household pets is authorized under sub- (i) by striking ‘‘those professional societies’’ ‘‘(B) A certification or license described in this section (a) may be paid reimbursement or a mon- and all that follows through ‘‘the Armed Forces subparagraph is any of the following: etary allowance if other commercial transpor- ‘‘(i) A license to be a State tested nursing as- Institute of Pathology’’ and inserting ‘‘the pro- tation means have been used. fessional societies and organizations that sup- sistant or a certified nursing assistant. ‘‘(3) The provision of transportation of family port the activities of the American Registry of ‘‘(ii) A commercial driver’s license. ‘‘(iii) An emergency medical technician license household pets for an employee of the Depart- Pathology’’; and EMT–B or EMT–I. ment of Defense under subsection (a) and the (ii) by striking the second sentence; and ‘‘(iv) An emergency medical technician–para- payment of reimbursement under paragraph (2) (B) in paragraph (3), by striking ‘‘with the medic license. shall be subject to the same terms and condi- concurrence of the Director of the Armed Forces ‘‘(C) The Secretary shall share the informa- tions as apply under subsection 406(b)(1)(H)(iii) Institute of Pathology’’; tion the Secretary receives under subparagraph of title 37 with respect to family household pets (2) in subsection (b)— (A)(ii) with the Secretary of Defense to help the of members of the uniformed services, including (A) by striking paragraph (1); Secretary of Defense improve training for mili- limitations on the types, size, and number of (B) by redesignating paragraphs (2), (3), (4), tary occupational specialties so that individuals pets for which transportation may be provided and (5) as paragraphs (1), (2), (3), and (4), re- who receive such training are able to receive a or reimbursement paid.’’. spectively; and certification or license described in subpara- SEC. 1102. EXPANSION OF EXPERIMENTAL PER- (C) in paragraph (2), as redesignated by sub- graph (B) from a State.’’. SONNEL PROGRAM FOR SCIENTIFIC paragraph (B)— (b) EFFECTIVE DATE.—The amendment made AND TECHNICAL PERSONNEL AT (i) by striking ‘‘accept gifts and grants from by subsection (a) shall apply with respect to a THE DEFENSE ADVANCED RESEARCH and’’; and program year beginning on or after the date of PROJECTS AGENCY. (ii) by inserting ‘‘and accept gifts and grants the enactment of this Act. (a) EXPANSION.—Section 1101(b)(1)(A) of the from such entities’’ before the semicolon; and SECTION 1099C. AMENDMENTS TO LAW ENFORCE- Strom Thurmond National Defense Authoriza- (3) in subsection (d), by striking ‘‘to the Direc- MENT OFFICER SAFETY PROVISIONS tion Act for Fiscal Year 1999 (5 U.S.C. 3104 note) tor’’ and all that follows through ‘‘it deems de- OF TITLE 18. is amended by striking ‘‘40’’ and inserting ‘‘60’’. sirable,’’ and inserting ‘‘annually to its Board Chapter 44 of title 18, United States Code, is (b) CONSTRUCTION.—The amendment made by and supporting organizations referred to in sub- amended— subsection (a) shall not be construed as affect- section (a)(2)’’. (1) in section 926B— ing any applicable authorization or delimitation SEC. 1099A. IMPROVED ENUMERATION OF MEM- (A) in subsection (c)(1), by inserting ‘‘or ap- of the numbers of personnel that may be em- BERS OF THE ARMED FORCES IN ANY prehension under section 807(b) of title 10, ployed at the Defense Advanced Research TABULATION OF TOTAL POPU- United States Code (article 7(b) of the Uniform Projects Agency. LATION BY SECRETARY OF COM- Code of Military Justice)’’ after ‘‘arrest’’; SEC. 1103. ONE-YEAR EXTENSION OF DISCRE- MERCE. (B) in subsection (d), by striking ‘‘as a law TIONARY AUTHORITY TO GRANT AL- (a) IN GENERAL.—Section 141 of title 13, enforcement officer’’ and inserting ‘‘that identi- LOWANCES, BENEFITS, AND GRATU- United States Code, is amended— fies the employee as a police officer or law en- ITIES TO PERSONNEL ON OFFICIAL (1) by redesignating subsection (g) as sub- forcement officer of the agency’’; and DUTY IN A COMBAT ZONE. section (h); and (C) in subsection (f), by inserting ‘‘or appre- Paragraph (2) of section 1603(a) of the Emer- (2) by inserting after subsection (f) the fol- hension under section 807(b) of title 10, United gency Supplemental Appropriations Act for De- lowing: States Code (article 7(b) of the Uniform Code of fense, the Global War on Terror, and Hurricane ‘‘(g) Effective beginning with the 2020 decen- Military Justice)’’ after ‘‘arrest’’; and Recovery, 2006 (Public Law 109–234; 120 Stat. nial census of population, in taking any tabula- (2) in section 926C— 443), as added by section 1102 of the Duncan tion of total population by States, the Secretary (A) in subsection (c)(2), by inserting ‘‘or ap- Hunter National Defense Authorization Act for shall take appropriate measures to ensure, to prehension under section 807(b) of title 10, Fiscal Year 2009 (Public Law 110–417; 122 Stat. the maximum extent practicable, that all mem- United States Code (article 7(b) of the Uniform 4616) and amended by section 1112 of the Na- bers of the Armed Forces deployed abroad on Code of Military Justice)’’ after ‘‘arrest’’; and tional Defense Authorization Act for Fiscal the date of taking such tabulation are— (B) in subsection (d)— Year 2012 (Public Law 112–81; 125 Stat. 1616), is ‘‘(1) fully and accurately counted; and (i) in paragraph (1), by striking ‘‘that indi- further amended by striking ‘‘2013’’ and insert- ‘‘(2) properly attributed to the State in which cates’’ and inserting ‘‘that identifies the person ing ‘‘2014’’. their residence at their permanent duty station as having been employed as a police officer or SEC. 1104. FEDERAL EMPLOYEES RETIREMENT or homeport is located on such date.’’. law enforcement officer and indicates’’; and SYSTEM AGE AND RETIREMENT (b) CONSTRUCTION.—The amendments made by (ii) in paragraph (2)(A), by inserting ‘‘that TREATMENT FOR CERTAIN RETIR- subsection (a) shall not be construed to affect identifies the person as having been employed as EES OF THE ARMED FORCES. the residency status of any member of the a police officer or law enforcement officer’’ after (a) INCREASE IN MAXIMUM AGE LIMIT FOR PO- Armed Forces under any provision of law other ‘‘officer’’. SITIONS SUBJECT TO FERS.— than title 13, United States Code. SEC. 1099D. MODERNIZATION OF ABSENTEE BAL- (1) LAW ENFORCEMENT OFFICERS.—Section LOT MAIL DELIVERY SYSTEM. 3307(e) of title 5, United States Code, is amend- SEC. 1099B. STATE CONSIDERATION OF MILITARY TRAINING IN GRANTING CERTAIN It is the sense of Congress that the Depart- ed— STATE CERTIFICATIONS AND LI- ment of Defense should partner with the United (A) in paragraph (1), by inserting ‘‘or (3)’’ CENSES AS A CONDITION ON THE States Postal Service (USPS) to modernize the after ‘‘paragraph (2)’’; and RECEIPT OF FUNDS FOR VETERANS USPS mail delivery system to address problems (B) by adding at the end the following: EMPLOYMENT AND TRAINING. with the delivery of absentee ballots and ensure ‘‘(3) The maximum age limit for an original (a) IN GENERAL.—Section 4102A(c) of title 38, the effective and efficient delivery of such bal- appointment to a position as a law enforcement United States Code, is amended by adding at the lots, including through the establishment of a officer (as defined in section 8401(17)) shall be 47 end the following: centralized mail forwarding system to ensure years of age, in the case of an individual who ‘‘(9)(A) As a condition of a grant or contract that blank ballots are properly redirected. on the effective date of such appointment is eli- under which funds are made available to a State SEC. 1099E. STATE TRADE AND EXPORT PRO- gible to receive retired pay or retainer pay for in order to carry out section 4103A or 4104 of MOTION GRANT PROGRAM. military service, or pension or compensation this title for any program year, the Secretary Section 1207(a)(5) of the Small Business Jobs from the Department of Veterans Affairs instead may require the State— Act of 2010 (15 U.S.C. 649b note) is amended by of such retired or retainer pay.’’.

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00111 Fmt 4624 Sfmt 6333 E:\CR\FM\A12DE6.041 S12DEPT1 tjames on DSK6SPTVN1PROD with S7864 CONGRESSIONAL RECORD — SENATE December 12, 2012

(2) OTHER POSITIONS.—The maximum age limit ‘‘(B) An employee described in this subpara- Qaeda in the Arabian Peninsula and its affili- for an original appointment to a position as a graph is an employee who— ates. member of the Capitol Police or Supreme Court ‘‘(i) is originally appointed to a position as a (2) To enhance the capacity of the national Police, nuclear materials courier (as defined law enforcement officer, member of the Capitol military forces, security agencies serving a simi- under section 8401(33) of such title), or customs Police or Supreme Court Police, nuclear mate- lar defense function, other counterterrorism and border protection officer (as defined in sec- rials courier, or customs and border protection forces, and border security forces of Djibouti, tion 8401(36) of such title) shall be 47 years of officer on or after the effective date of this para- Ethiopia, and Kenya to conduct counterter- age, in the case of an individual who on the ef- graph under section 1104(e) of the National De- rorism operations against al Qaeda, al Qaeda fective date of such appointment is eligible to re- fense Authorization Act for Fiscal Year 2013; affiliates, and al Shabaab. ceive retired pay or retainer pay for military and (3) To enhance the capacity of national mili- service, or pension or compensation from the De- ‘‘(ii) on the date that original appointment tary forces participating in the African Union partment of Veterans Affairs instead of such re- met the requirements of section 3307(e)(2) of this Mission in Somalia to conduct counterterrorism tired or retainer pay. title or section 1104(a)(2) of the National De- operations against al Qaeda, al Qaeda affili- (b) ELIGIBILITY FOR ANNUITY.—Section 8412(d) fense Authorization Act for Fiscal Year 2013.’’. ates, and al Shabaab. of such title is amended— (e) EFFECTIVE DATE.—This section (including (b) TYPES OF ASSISTANCE.— (1) in paragraph (1), by striking ‘‘or’’ at the the amendments made by this section) shall take (1) AUTHORIZED ELEMENTS.—Assistance under end; effect 60 days after the date of enactment of this subsection (a) may include the provision of (2) in paragraph (2), by adding ‘‘or’’ at the Act and shall apply to appointments made on or equipment, supplies, training, and minor mili- end; and after that effective date. tary construction. (3) by inserting after paragraph (2) the fol- TITLE XII—MATTERS RELATING TO (2) REQUIRED ELEMENTS.—Assistance under lowing: FOREIGN NATIONS subsection (a) shall be provided in a manner ‘‘(3) after becoming 57 years of age and com- Subtitle A—Assistance and Training that promotes— pleting 10 years of service as a law enforcement (A) observance of and respect for human officer, member of the Capitol Police or Supreme SEC. 1201. EXTENSION OF AUTHORITY TO BUILD THE CAPACITY OF FOREIGN MILI- rights and fundamental freedoms; and Court Police, nuclear materials courier, customs (B) respect for legitimate civilian authority in or border protection officer, or any combination TARY FORCES AND MODIFICATION OF NOTICE IN CONNECTION WITH the country receiving such assistance. of such service totaling 10 years, if such em- INITIATION OF ACTIVITIES. (3) ASSISTANCE OTHERWISE PROHIBITED BY ployee— (a) EXTENSION.—Subsection (g) of section 1206 LAW.—The Secretary of Defense may not use the ‘‘(A) is originally appointed to a position as a of the National Defense Authorization Act for authority in subsection (a) to provide any type law enforcement officer, member of the Capitol Fiscal Year 2006 (Public Law 109–163; 119 Stat. of assistance described in this subsection that is Police or Supreme Court Police, nuclear mate- 3456), as most recent amended by section 1204(c) otherwise prohibited by any other provision of rials courier, or customs and border protection of the National Defense Authorization Act for law. officer on or after the effective date of this para- Fiscal Year 2012 (Public Law 112–81; 125 Stat. (4) LIMITATIONS ON MINOR MILITARY CON- graph under section 1104(e) of the National De- 1622), is further amended— STRUCTION.—The total amount that may be obli- fense Authorization Act for Fiscal Year 2013, (1) by striking ‘‘September 30, 2013’’ and in- gated and expended on minor military construc- and serting ‘‘September 30, 2014’’; and tion under subsection (a) in any fiscal year may ‘‘(B) on the date that original appointment (2) by striking ‘‘fiscal years 2006 through not exceed amounts as follows: met the requirements of section 3307(e)(2) of this 2013’’ and inserting ‘‘fiscal years 2006 through (A) In the case of minor military construction title or section 1104(a)(2) of the National De- 2014’’. under paragraph (1) of subsection (a), fense Authorization Act for Fiscal Year 2013,’’. (b) MODIFICATION OF NOTICE.— $10,000,000. (c) MANDATORY SEPARATION.—Section 8425 of (1) IN GENERAL.—Subsection (e)(2) of such sec- (B) In the case of minor military construction such title is amended— tion 1206, as amended by section 1206(a) of the under paragraphs (2) and (3) of subsection (a), (1) in subsection (b)(1), in the first sentence, John Warner National Defense Authorization $10,000,000. by inserting ‘‘, except that a law enforcement Act for Fiscal Year 2007 (Public Law 109–364; UNDING.— officer, nuclear materials courier, or customs (c) F 120 Stat. 2418), is further amended by adding at (1) IN GENERAL.—Of the amount authorized to and border protection officer eligible for retire- the end the following new subparagraph: ment under section 8412(d)(3) shall be separated be appropriated for a fiscal year for the Depart- ‘‘(D) Detailed information (including the ment of Defense for operation and mainte- from the service on the last day of the month in amount and purpose) on the assistance provided which that employee becomes 57 years of age’’ nance— the country during the three preceding fiscal (A) not more than $75,000,000 may be used to before the period; years under each of the following programs or (2) in subsection (c), in the first sentence, by provide assistance under paragraph (1) of sub- accounts: section (a); and inserting ‘‘, except that a member of the Capitol ‘‘(i) A program under this section. Police eligible for retirement under section (B) not more than $75,000,000 may used to pro- ‘‘(ii) The Foreign Military Financing program vide assistance under paragraphs (2) and (3) of 8412(d)(3) shall be separated from the service on under the Foreign Assistance Act of 1961. the last day of the month in which that em- subsection (a). ‘‘(iii) Peacekeeping Operations. (2) AVAILABILITY OF FUNDS FOR ASSISTANCE ployee becomes 57 years of age’’ before the pe- ‘‘(iv) The International Narcotics Control and ACROSS FISCAL YEARS.—Amounts available riod; and Law Enforcement (INCLE) program under sec- (3) in subsection (d), in the first sentence, by under this subsection for the authority in sub- tion 481 of the Foreign Assistance Act of 1961 (22 section (a) for a fiscal year may be used for as- inserting ‘‘, except that a member of the Su- U.S.C. 2291). preme Court Police eligible for retirement under sistance under that authority that begins in ‘‘(v) Nonproliferation, Anti-Terrorism, such fiscal year but ends in the next fiscal year. section 8412(d)(3) shall be separated from the Demining, and Related Programs (NADR).’’. (d) NOTICE TO CONGRESS.— service on the last day of the month in which (2) APPLICABILITY.—The amendment made by (1) IN GENERAL.—Not later than 30 days before that employee becomes 57 years of age’’ before paragraph (1) shall take effect on the date of providing assistance under subsection (a), the the period. the enactment of this Act, and shall apply with Secretary of Defense shall submit to the commit- (d) COMPUTATION OF BASIC ANNUITY.—Section respect to any country in which activities are tees of Congress specified in paragraph (2) a no- 8415(e) of such title is amended— initiated under section 1206 of the National De- tice setting forth the assistance to be provided, (1) by redesignating paragraphs (1) and (2) as fense Authorization Act for Fiscal Year 2006 on including the types of such assistance, the subparagraphs (A) and (B), respectively; or after that date. (2) by striking ‘‘The annuity of an employee’’ budget for such assistance, and the completion SEC. 1202. EXTENSION OF AUTHORITY FOR NON- date for the provision of such assistance. and inserting ‘‘(1) Except as provided in para- RECIPROCAL EXCHANGE OF DE- (2) COMMITTEES OF CONGRESS.—The commit- graph (2), the annuity of an employee’’; and FENSE PERSONNEL BETWEEN THE (3) by adding at the end the following: UNITED STATES AND FOREIGN tees of Congress specified in this paragraph ‘‘(2)(A) The annuity of an employee retiring COUNTRIES. are— under subsection (d) or (e) of section 8412 or Section 1207(f) of the National Defense Au- (A) the Committee on Armed Services, the under subsection (a), (b), or (c) of section 8425 thorization Act for Fiscal Year 2010 (Public Law Committee on Foreign Relations, and the Com- who is an employee described in subparagraph 111–84; 123 Stat. 2514; 10 U.S.C. 168 note) is mittee on Appropriations of the Senate; and (B) is— amended by striking ‘‘September 30, 2012’’ and (B) the Committee on Armed Services, the ‘‘(i) 1 7/10 percent of that individual’s average inserting ‘‘September 30, 2017’’. Committee on Foreign Affairs, and the Com- pay multiplied by so much of such individual’s SEC. 1203. AUTHORITY TO BUILD THE CAPACITY mittee on Appropriations of the House of Rep- civilian service as a law enforcement officer, OF CERTAIN COUNTERTERRORISM resentatives. member of the Capitol Police or Supreme Court FORCES IN YEMEN AND EAST AFRI- (e) EXPIRATION.—Except as provided in sub- Police, nuclear materials courier, customs and CA. section (c)(2), the authority provided under sub- border protection officer, or air traffic controller (a) AUTHORITY.—The Secretary of Defense section (a) may not be exercised after the earlier that, in the aggregate, does not exceed 20 years; may, with the concurrence of the Secretary of of— plus State, provide assistance as follows: (1) the date on which the Global Security ‘‘(ii) 1 percent of that individual’s average (1) To enhance the ability of the Yemen Min- Contingency Fund achieves full operational ca- pay multiplied by the remainder of such individ- istry of Interior Counter Terrorism Forces to pability; or ual’s total service. conduct counterterrorism operations against al (2) September 30, 2014.

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00112 Fmt 4624 Sfmt 6333 E:\CR\FM\A12DE6.041 S12DEPT1 tjames on DSK6SPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — SENATE S7865 SEC. 1204. LIMITATION ON AVAILABILITY OF (ii) to provide durable solutions for internally ‘‘fiscal year 2013’’ and inserting ‘‘fiscal year FUNDS FOR STATE PARTNERSHIP displaced Afghans and Afghan refugees; and 2013’’. PROGRAM. (B) a coherent plan to strengthen the capacity SEC. 1216. EXTENSION AND MODIFICATION OF (a) LIMITATION.—Of the amounts authorized of the Government of Afghanistan to address AUTHORITY FOR REIMBURSEMENT to be appropriated by this Act and available for the causes and consequences of displacement OF CERTAIN COALITION NATIONS the State Partnership Program, not more than within Afghanistan. FOR SUPPORT PROVIDED TO UNITED 50 percent may be obligated or expended for that (b) EXTENSION OF AUTHORITY.—Section 1216 of STATES MILITARY OPERATIONS. Program until the latter of the following: the Ike Skelton National Defense Authorization (a) EXTENSION OF AUTHORITY.—Subsection (a) (1) The date on which the Secretary of De- Act for Fiscal Year 2011 (Public Law 111–383; of section 1233 of the National Defense Author- fense submits to the appropriate congressional 124 Stat. 4392), as amended by section 1216 of ization Act for Fiscal Year 2008 (Public Law committees the final regulations required by the National Defense Authorization Act for Fis- 110–181; 122 Stat. 393), as most recently amended subsection (a) of section 1210 of the National cal Year 2012 (Public Law 112–81; 125 Stat. by section 1213 of the National Defense Author- Defense Authorization Act for Fiscal Year 2010 1632), is further amended— ization Act for Fiscal Year 2012 (Public Law (Public Law 111–84; 123 Stat. 2517; 32 U.S.C. 107 (1) in subsection (a)— 112–81; 125 Stat. 1630), is further amended— note). (A) by striking ‘‘$50,000,000’’ and inserting (1) by striking ‘‘for fiscal year 2012’’ and (2) The date on which the Secretary of De- ‘‘$35,000,000’’; and (2) by inserting ‘‘, during the period ending on fense certifies to the appropriate congressional (B) by striking ‘‘in each of fiscal years 2011 September 30, 2013,’’ after ‘‘Secretary of Defense committees that appropriate modifications have and 2012’’ and inserting ‘‘for fiscal year 2013’’; may’’. been made, and appropriate controls have been and (b) LIMITATION ON AMOUNTS AVAILABLE.— instituted, to ensure the compliance of the Pro- (2) in subsection (e)— Subsection (d) of such section, as so amended, is gram with section 1341 of title 31, United States (A) by striking ‘‘utilize funds’’ and inserting further amended— Code (commonly referred to as the ‘‘Anti-Defi- ‘‘obligate funds’’; and (1) by striking ‘‘during fiscal year 2012 may ciency Act’’), in the future. (B) by striking ‘‘December 31, 2012’’ and in- not exceed $1,690,000,000’’ and inserting ‘‘may (b) APPROPRIATE CONGRESSIONAL COMMITTEES serting ‘‘December 31, 2013’’. not exceed $1,750,000,000 during fiscal year 2013, DEFINED.—In this section, the term ‘‘appro- except that reimbursements made during fiscal priate congressional committees’’ has the mean- SEC. 1214. ONE-YEAR EXTENSION AND MODIFICA- TION OF AUTHORITY FOR PROGRAM year 2013 for support provided by Pakistan being given that term in subsection (d) of section TO DEVELOP AND CARRY OUT IN- fore May 1, 2011, using funds available for that 1210 of the National Defense Authorization Act FRASTRUCTURE PROJECTS IN AF- purpose before fiscal year 2013 shall not count for Fiscal Year 2010. GHANISTAN. against this limitation’’; and Subtitle B—Matters Relating to Iraq, Section 1217(f) of the Ike Skelton National De- (2) by adding at the end the following new Afghanistan, and Pakistan fense Authorization Act for Fiscal Year 2011 paragraph: SEC. 1211. COMMANDERS’ EMERGENCY RESPONSE (Public Law 111–383; 124 Stat. 4393), as amended ‘‘(3) PROHIBITION ON REIMBURSEMENT OF PAKI- PROGRAM IN AFGHANISTAN. by section 1217(a) of the National Defense Au- STAN FOR SUPPORT DURING PERIODS CLOSED TO (a) ONE-YEAR EXTENSION.— thorization Act for Fiscal Year 2012 (Public Law TRANSSHIPMENT.—Effective as of the date of the (1) IN GENERAL.—Section 1201 of the National 112–81; 125 Stat. 1632), is further amended— enactment of the National Defense Authoriza- Defense Authorization Act for Fiscal Year 2012 (1) by striking paragraph (1) and inserting the tion Act for Fiscal Year 2013, funds (including (Public Law 112–81; 125 Stat. 1619) is amended following new paragraph (1): funds from a prior fiscal year that remain avail- by striking ‘‘fiscal year 2012’’ each place it ap- ‘‘(1) IN GENERAL.—Subject to paragraph (2), to able for obligation) may not be used for reim- pears and inserting ‘‘fiscal year 2013’’. carry out the program authorized under sub- bursements under the authority in subsection (2) CONFORMING AMENDMENT.—The heading of section (a), the Secretary of Defense may use (a) for Pakistan for claims of support provided subsection (a) of such section is amended by amounts as follows: during any period when the ground lines of sup- striking ‘‘FISCAL YEAR 2012’’ and inserting ‘‘FIS- ‘‘(A) Up to $400,000,000 made available to the ply through Pakistan to Afghanistan were CAL YEAR 2013’’. Department of Defense for operation and main- closed to the transshipment of equipment and (b) AMOUNT OF FUNDS AVAILABLE DURING FIS- tenance for fiscal year 2012. supplies in support of United States military op- CAL YEAR 2013.—Subsection (a) of such section ‘‘(B) Up to $350,000,000 made available to the erations in Afghanistan.’’. is further amended by striking ‘‘$400,000,000’’ Department of Defense for operation and main- (c) SUPPORTED OPERATIONS.—Such section is and inserting ‘‘$200,000,000’’. tenance for fiscal year 2013.’’; further amended in subsections (a)(1) and (b) by SEC. 1212. EXTENSION OF AUTHORITY TO SUP- (2) in paragraph (2)— striking ‘‘Operation Iraqi Freedom or’’. PORT OPERATIONS AND ACTIVITIES (A) by striking ‘‘85 percent’’ and inserting ‘‘50 (d) LIMITATION ON REIMBURSEMENT OF PAKI- OF THE OFFICE OF SECURITY CO- percent’’; STAN IN FISCAL YEAR 2013 PENDING CERTIFI- OPERATION IN IRAQ. (B) by inserting ‘‘for a fiscal year after fiscal CATION ON PAKISTAN.— (a) LIMITATION ON AMOUNT OF FUNDS FOR year 2011’’ after ‘‘in paragraph (1)’’; and (1) IN GENERAL.—Effective as of the date of FISCAL YEAR 2013.—Subsection (c) of section (C) by striking ‘‘fiscal year 2012.’’ and insert- the enactment of this Act, no amounts author- 1215 of the National Defense Authorization Act ing ‘‘such fiscal year, including for each project ized to be appropriated by this Act, and no for Fiscal Year 2012 (Public Law 112–81; 125 to be initiated during such fiscal year the fol- amounts authorized to be appropriated for fiscal Stat. 1631; 10 U.S.C. 113 note) is amended by lowing: years before fiscal year 2013 that remain avail- striking ‘‘in fiscal year 2012’’ and all that fol- ‘‘(A) An estimate of the financial and other able for obligation, may be used for reimburse- lows and inserting ‘‘may not exceed amounts as requirements necessary to sustain such project ments of Pakistan under the authority in sub- follows: on an annual basis after the completion of such section (a) of section 1233 of the National De- ‘‘(1) In fiscal year 2012, $524,000,000. project. fense Authorization Act for Fiscal Year 2008, as ‘‘(2) In fiscal year 2013, $508,000,000.’’. ‘‘(B) An assessment whether the Government so amended, until the Secretary of Defense cer- (b) SOURCE OF FUNDS.—Subsection (d) of such of Afghanistan is committed to and has the ca- tifies to the congressional defense committees section is amended by inserting ‘‘or 2013’’ after pacity to maintain and use such project after its each of the following: ‘‘fiscal year 2012’’. completion. (A) That Pakistan has opened and is main- SEC. 1213. ONE-YEAR EXTENSION AND MODIFICA- ‘‘(C) A description of any arrangements for taining security along the ground lines of sup- TION OF AUTHORITY TO USE FUNDS the sustainment of such project following its ply through Pakistan to Afghanistan for the FOR REINTEGRATION ACTIVITIES IN AFGHANISTAN. completion if the Government of Afghanistan transshipment of equipment and supplies in lacks the capacity (in either financial or human (a) SENSE OF THE SENATE.—It is the sense of support of United States military operations in the Senate that— resources) to maintain such project.’’; and Afghanistan. (1) the Senate is deeply concerned with the (3) in paragraph (3), by adding at the end the (B) That Pakistan is not providing support to dramatic rise in conflict-induced displacement following new subparagraph: militant extremists groups (including the in Afghanistan and the corresponding increase ‘‘(C) In the case of funds for fiscal year 2013, Haqqani Network and the Afghan Taliban in humanitarian need, especially as winter ap- until September 30, 2014.’’. Quetta Shura) located in Pakistan and con- proaches; SEC. 1215. EXTENSION OF PAKISTAN COUNTER- ducting cross-border attacks against United (2) there have been several reports of children INSURGENCY FUND. States, coalition, or Afghanistan security forces, freezing to death in various refugee settlements (a) EXTENSION.—Section 1224(h) of the Na- and is taking actions to prevent such groups in Afghanistan during the winter of 2011–12; tional Defense Authorization Act for Fiscal from basing and operating in Pakistan. (3) the Bureau of Population, Refugees, and Year 2010 (Public Law 111–84; 123 Stat. 2521), as (C) That Pakistan is demonstrating a con- Migration of the Department of State and the most recently amended by section 1220(a) of the tinuing commitment, and is making significant Special Representative for Afghanistan and National Defense Authorization Act for Fiscal efforts toward the implementation of a strategy, Pakistan should jointly develop a comprehen- Year 2012 (Public Law 112–81; 125 Stat. 1633), is to counter improvised explosive devices, includ- sive strategy to address the displacement and further amended by striking ‘‘September 30, ing efforts to attack improvised explosive device human suffering referred to in paragraphs (1) 2012’’ each place it appears and inserting ‘‘Sep- networks, monitor known precursors used in im- and (2), which shall include— tember 30, 2013’’. provised explosive devices, and develop and im- (A) an assessment of the capacity of the Gov- (b) EXTENSION OF LIMITATION ON FUNDS plement a strict protocol for the manufacture of ernment of Afghanistan— PENDING REPORT.—Section 1220(b)(1)(A) of the explosive materials (including calcium ammo- (i) to prevent, mitigate, and respond to forced National Defense Authorization Act for Fiscal nium nitrate) and accessories and for their sup- displacement; and Year 2012 (125 Stat. 1633) is amended by striking ply to legitimate end users.

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00113 Fmt 4624 Sfmt 6333 E:\CR\FM\A12DE6.041 S12DEPT1 tjames on DSK6SPTVN1PROD with S7866 CONGRESSIONAL RECORD — SENATE December 12, 2012 (D) That Pakistan is demonstrably cooper- Revenue Code of 1986 and exempt from tax funds so provided that have been distributed as ating with United States counterterrorism ef- under section 501(a) of such Code that has rec- of the date of the report. forts, including by not detaining, prosecuting, ognized credentials and expertise in national se- (6) An assessment of the individuals who have or imprisoning citizens of Pakistan as a result of curity and military affairs appropriate for the been reintegrated into the Program, set forth in their cooperation with such efforts, including assessment. terms as follows: Dr. Shakil Afridi. (c) ELEMENTS.—The assessment required by (A) By geographic distribution by province. (2) WAIVER AUTHORITY.—The Secretary may subsection (a) shall include, but not be limited (B) By number of each of low-level insurgent waive the limitation in paragraph (1) if the Sec- to, the following: fighters, mid-level commanders, and senior com- retary certifies to the congressional defense com- (1) An assessment of the likely internal and manders. mittees in writing that the waiver is in the na- regional security environment for Afghanistan (C) By number confirmed to have been part of tional security interests of the United States and over the next decade, including challenges and the insurgency. (D) By number who are currently members of includes with such certification a justification threats to the security and sovereignty of Af- the Afghan Local Police. for the waiver. ghanistan from state and non-state actors. (2) An assessment of the strength, force struc- (E) By number who are participating in or SEC. 1217. EXTENSION AND MODIFICATION OF have completed vocational training or other LOGISTICAL SUPPORT FOR COALI- ture, force posture, and capabilities required to make the Afghan National Security Forces ca- educational programs as part of the Program. TION FORCES SUPPORTING CERTAIN (7) A description and assessment of the proce- UNITED STATES MILITARY OPER- pable of providing security for their own coun- dures for monitoring the individuals partici- ATIONS. try so as to prevent Afghanistan from ever again (a) EXTENSION.—Section 1234 of the National pating in the Program. becoming a safe haven for terrorists that threat- (8) A description and assessment of the role of Defense Authorization Act for Fiscal Year 2008 en Afghanistan, the region, and the world. women and minority populations in the imple- (Public Law 111–181; 122 Stat. 394), as most re- (3) An assessment of any capability gaps in mentation of the Program. cently amended by section 1211 of the National the Afghan National Security Forces that are (9) An assessment of the effectiveness of the Defense Authorization Act for Fiscal Year 2012 likely to persist after 2014 and that will require activities of the Program described under para- (Public Law 112–81; 125 Stat. 1629)), is further continued support from the United States and graph (3) in achieving the goals and objectives amended by striking ‘‘fiscal year 2012’’ each its allies. of the Program. place it appears and inserting ‘‘fiscal year (4) An assessment whether current proposals (10) Such recommendations as the Secretary of 2013’’. for the resourcing of the Afghan National Secu- Defense considers appropriate for improving the (b) REPEAL OF AUTHORITY FOR USE OF FUNDS rity Forces after 2014 are adequate to establish implementation, oversight, and effectiveness of IN CONNECTION WITH IRAQ.— and maintain long-term security for the Afghan- the Program. (1) IN GENERAL.—Subsection (a) of such sec- istan people, and implications of the under- (c) APPROPRIATE COMMITTEES OF CONGRESS tion 1234, as so amended, is further amended by resourcing of the Afghan National Security DEFINED.—In this section, the term ‘‘appro- striking ‘‘Iraq and’’. Forces for United States national security inter- priate committees of Congress’’ means— (2) CONFORMING AMENDMENT.—The heading of ests. (1) the Committee on Armed Services, the Com- such section 1234 is amended by striking ‘‘iraq (d) REPORT.—Not later than one year after mittee on Foreign Relations, and the Committee and’’. the date of the enactment of this Act, the entity on Appropriations of the Senate; and SEC. 1218. STRATEGY FOR SUPPORTING THE selected for the conduct of the assessment re- (2) the Committee on Armed Services, the Com- ACHIEVEMENT OF A SECURE PRESI- quired by subsection (a) shall provide to the Sec- mittee on Foreign Affairs, and the Committee on DENTIAL ELECTION IN AFGHANI- retary and the congressional defense committees Appropriations of the House of Representatives. STAN IN 2014. a report containing its findings as a result of SEC. 1221. COMPLETION OF ACCELERATED TRAN- (a) STRATEGY REQUIRED.—The Secretary of the assessment. The report shall be submitted in SITION OF UNITED STATES COMBAT Defense shall, in consultation with the Sec- unclassified form, but may include a classified AND MILITARY AND SECURITY OPER- retary of State, develop a strategy to support annex. ATIONS TO THE GOVERNMENT OF the Government of Afghanistan in its efforts to (e) FUNDING.—Of the amounts authorized to AFGHANISTAN. achieve a secure presidential election in Af- be appropriated for fiscal year 2013 by section (a) SENSE OF CONGRESS.—It is the sense of ghanistan in 2014. 301 and available for operation and mainte- Congress that the President should, in coordina- (b) ELEMENTS.—The strategy shall include nance for Defense-wide activities as specified in tion with the Government of Afghanistan, North support to the Government of Afghanistan for the funding table in section 4301, up to Atlantic Treaty Organization (NATO) member the following: $1,000,000 shall be made available for the assess- countries, and other allies in Afghanistan, seek (1) The identification and training of an ade- ment required by subsection (a). to— quate number of personnel within the current (f) AFGHAN NATIONAL SECURITY FORCES.—For (1) undertake all appropriate activities to ac- existing end strength of the Afghanistan Na- purposes of this section, the Afghan National complish the President’s stated goal of tional Security Forces (ANSF) for security of Security Forces shall include all forces under transitioning the lead responsibility for security polling stations, election materials, and protec- the authority of the Afghan Ministry of Defense to the Government of Afghanistan by mid-sum- tion of election workers and officials. and Afghan Ministry of Interior, including the mer 2013; (2) as part of accomplishing this transition of (2) The recruitment and training of an ade- Afghan National Army, the Afghan National the lead responsibility for security to the Gov- quate number of female personnel in the Af- Police, the Afghan Border Police, the Afghan ernment of Afghanistan, draw down United ghanistan National Security Forces to afford eq- National Civil Order Police, and the Afghan States troops to a level sufficient to meet this uitable access to polls for women, secure polling Local Police. stations, and secure locations for counting and goal; SEC. 1220. REPORT ON AFGHANISTAN PEACE AND (3) as previously announced by the President, storing election materials. REINTEGRATION PROGRAM. (3) The securing of freedom of movement and continue to draw down United States troop lev- (a) REPORT REQUIRED.—Not later than 120 els at a steady pace through the end of 2014; communications for candidates before and dur- days after the date of the enactment of this Act, ing the election. and the Secretary of Defense shall, in consultation (4) end all regular combat operations by (c) FUNDING RESOURCES.—In developing the with the Secretary of State, submit to the appro- United States troops by not later than December strategy, the Secretary shall identify, from priate committees of Congress a report on the 31, 2014, and take all possible steps to end such among funds currently available to the Depart- Afghanistan Peace and Reintegration Program operations at the earliest date consistent with a ment of Defense for activities in Afghanistan, (APRP). safe and orderly draw down of United States the funds required to execute the strategy. (b) ELEMENTS.—The report required by sub- troops in Afghanistan. SEC. 1219. INDEPENDENT ASSESSMENT OF THE section (a) shall include the following: (b) RULE OF CONSTRUCTION.—Nothing in this AFGHAN NATIONAL SECURITY (1) A description of the goals and objectives of section shall be construed to recommend or sup- FORCES. the Afghanistan Peace and Reintegration Pro- port any limitation or prohibition on any au- (a) INDEPENDENT ASSESSMENT REQUIRED.— gram. thority of the President— The Secretary of Defense shall provide for the (2) A description of the structure of the Pro- (1) to modify the military strategy, tactics, conduct of an independent assessment of the gram at the national and sub-national levels in and operations of United States Armed Forces strength, force structure, force posture, and ca- Afghanistan, including the number and types of as such Armed Forces redeploy from Afghani- pabilities required to make the Afghan National vocational training and other education pro- stan; Security Forces (ANSF) capable of providing se- grams. (2) to authorize United States forces in Af- curity for their own country so as to prevent Af- (3) A description of the activities of the Pro- ghanistan to defend themselves whenever they ghanistan from ever again becoming a safe gram as of the date of the report. may be threatened; haven for terrorists that threaten Afghanistan, (4) A description and assessment of the proce- (3) to attack Al Qaeda forces wherever such the region, and the world. dures for vetting individuals seeking to partici- forces are located; (b) CONDUCT OF ASSESSMENT.—The assessment pate in the Program, including an assessment of (4) to provide financial support and equip- required by subsection (a) may, at the election the extent to which biometric identification sys- ment to the Government of Afghanistan for the of the Secretary, be conducted by— tems are used and the role of provincial peace training and supply of Afghanistan military (1) a Federally-funded research and develop- councils in such procedures. and security forces; or ment center (FFRDC); or (5) The amount of funding provided by the (5) to gather, provide, and share intelligence (2) an independent, non-governmental insti- United States, and by the international commu- with United States allies operating in Afghani- tute described in section 501(c)(3) of the Internal nity, to support the Program, and the amount of stan and Pakistan.

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00114 Fmt 4624 Sfmt 6333 E:\CR\FM\A12DE6.041 S12DEPT1 tjames on DSK6SPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — SENATE S7867 SEC. 1222. SENSE OF CONGRESS COMMENDING and development community of the United (4) The Agreement reaffirms the presence and THE ENDURING STRATEGIC PART- States are to be commended for their dedicated operations of United States Armed Forces in Af- NERSHIP AGREEMENT BETWEEN efforts and sacrifices in support of military and ghanistan, and establishes long-term commit- THE UNITED STATES AND AFGHANI- stability operations in Afghanistan that have ments between the two countries, including the STAN. helped strengthen security in Afghanistan, laid continued commitment of United States forces (a) FINDINGS.—Congress makes the following the foundation for transition to a long-term findings: and political and financial support to the Gov- (1) The United States and Afghanistan have partnership between the United States and a ernment of Afghanistan. been allies in the conflict against al Qaeda and sovereign Afghanistan, and supported the Gov- (5) The Agreement also commits the United its affiliates for over a decade, with the shared ernment and people of Afghanistan as they con- States to establishing a long-term Bilateral Se- goal of ensuring that Afghanistan is never tinue to build their capacity to effectively and curity Agreement, with the goal of concluding a justly govern; again a sanctuary for al Qaeda. Bilateral Security Agreement within one year to (2) the United States negotiating team for the (2) The United States and Afghanistan are supersede the present Status of Forces agree- Enduring Strategic Partnership Agreement, in- committed to the framework agreed to at the ments with the Islamic Republic of Afghanistan. cluding the United States Embassy personnel in North Atlantic Treaty Organization (NATO) (6) Congress was not consulted regarding the Kabul under the leadership of Ambassador Summit in Lisbon in 2010, and reaffirmed at the framework or substance of the Agreement. Ryan Crocker, is to be commended for its com- NATO Summit in Chicago in 2012, for the transi- (7) In the past, Congress has been consulted, mitted diplomatic efforts; and, in some cases, has provided its advice and tion from coalition forces to the Afghan Na- (3) the Governments of the United States and tional Security Forces of lead responsibility for consent to ratification of such agreements, in- Afghanistan are to be commended for concluding those where the use of force was not au- security throughout Afghanistan by the end of cluding the Enduring Strategic Partnership 2014. thorized nor required in the country. Agreement; (b) NOTIFICATION REQUIREMENT.—Not later (3) In June 2011, President Barack Obama (4) Congress supports the objectives and prin- said, ‘‘What we can do, and will do, is build a than 30 days before entering into any Bilateral ciples of the Enduring Strategic Partnership Security Agreement or other agreement with the partnership with the Afghan people that en- Agreement, including protecting and promoting dures—one that ensures that we will be able to Islamic Republic of Afghanistan that will affect shared democratic values, advancing long-term the Status of Forces agreements and long-term continue targeting terrorists and supporting a security, reinforcing regional security and co- commitments between the United States and the sovereign Afghan government.’’ operation, fostering social and economic devel- Islamic Republic of Afghanistan, the President (4) In November 2011, a traditional loya jirga opment, upholding the rights of women and mi- shall submit the agreement to the appropriate in Kabul declared that ‘‘strategic cooperation norities, and strengthening institutions and gov- congressional committees for review. If the with the United States of America, which is a ernance in Afghanistan; strategic ally of the people and government of (5) it is essential that the Government and President fails to comply with such requirement, Afghanistan, is considered important in order to people of Afghanistan fulfill Afghanistan’s 50 percent of the unobligated balance of the ensure political, economic, and military secu- international commitments as agreed at the amounts appropriated or otherwise made avail- rity’’ and also stated, ‘‘Signing a strategic co- Tokyo Conference of July 2012, the Bonn Con- able for the Executive Office of the President operation document with the United States conference of December 2011, the Kabul Conference shall be withheld. forms with the national interest of Afghanistan of July 2011, and other venues to combat corrup- (c) APPROPRIATE CONGRESSIONAL COMMITTEES and is of significant importance.’’ tion, protect the equal rights of all citizens of DEFINED.—In this section, the term ‘‘appro- (5) On May 2, 2012, President Obama and Afghanistan and enforce the rule of law, hold priate congressional committees’’ means— President Hamid Karzai signed the Enduring free and fair elections in 2014, and build inclu- (1) the Committee on Armed Services and the Strategic Partnership Agreement Between the sive and effective institutions of democratic gov- Committee on Foreign Relations of the Senate; United States of America and the Islamic Re- ernance; and public of Afghanistan. (6) a key national security interest of the (2) the Committee on Armed Services and the (6) At the signing of the Enduring Strategic United States is to maintain a long-term polit- Committee on Foreign Affairs of the House of Partnership Agreement, President Obama said, ical, economic, and military relationship with Representatives. ‘‘Today we’re agreeing to be long-term partners Afghanistan, including a limited presence of SEC. 1224. AUTHORITY TO TRANSFER DEFENSE in combating terrorism, and training Afghan se- United States Armed Forces for the purpose of ARTICLES AND PROVIDE DEFENSE curity forces, strengthening democratic institu- training, advising, and supporting Afghan Na- SERVICES TO THE MILITARY AND SE- tions and supporting development, and pro- tional Security Forces and cooperating on CURITY FORCES OF AFGHANISTAN AND CERTAIN OTHER COUNTRIES. tecting human rights of all Afghans. With this shared counterterrorism objectives; agreement, the Afghan people, and the world, (7) the negotiation and conclusion of a Bilat- (a) NONEXCESS ARTICLES AND RELATED SERV- should know that Afghanistan has a friend and eral Security Agreement, as called for in the En- ICES.—The Secretary of Defense may, with the a partner in the United States.’’ during Strategic Partnership Agreement, will concurrence of the Secretary of State, transfer (7) At a May 20, 2012, bilateral meeting with provide a fundamental framework for the long- nonexcess defense articles from the stocks of the President Karzai at the NATO Summit in Chi- term security relationship between the United Department of Defense, without reimbursement cago, President Obama said that the Enduring States and Afghanistan; and from the government of the recipient country, Strategic Partnership Agreement ‘‘reflects a fu- (8) Congress has a critical role in continuing and provide defense services in connection with ture in which two sovereign nations—the United to provide the support and assistance necessary the transfer of such defense articles, as follows: States and Afghanistan—are operating as part- to achieve the goals of the Enduring Strategic (1) To the military and security forces of Af- ners, to the benefit of our countries’ citizens, Partnership Agreement. ghanistan to support the efforts of those forces but also for the benefit of peace and security SEC. 1223. CONGRESSIONAL REVIEW OF BILAT- to restore and maintain peace and security in and stability in the region and around the ERAL SECURITY AGREEMENT WITH that country. world’’. AFGHANISTAN. (2) To the military and security forces of (8) President Karzai said at the May 20, 2012, (a) FINDINGS.—Congress makes the following Yemen to support the efforts of those forces to bilateral meeting with President Obama, ‘‘Mr. findings: conduct counterterrorism operations and President, the partnership that we signed a few (1) The Authorization for the Use of Military counter al Qaeda in the Arabian Peninsula. weeks ago in Kabul has turned a new page in Force (Public Law 107–40; 115 Stat. 224) author- (3) To the military and security forces of So- our relations. And the new page is a page of two izes the President to use all necessary and ap- malia and other countries in the East Africa re- sovereign countries working together for the mu- propriate force against those nations, organiza- gion to support the efforts of those forces to con- tual interests—peace and security and in all tions, or persons the President determines duct counterterrorism and postconflict stability other areas.’’ planned, authorized, committed, or aided the operations in Somalia. (9) On May 26, 2012, the Wolesi Jirga, the terrorist attacks that occurred on September 11, (b) LIMITATIONS.— lower house of the Afghan parliament, approved 2001, or harbored such organizations or persons, (1) VALUE.—The aggregate replacement value the Agreement by a vote of 191–7 with 2 absten- in order to prevent any future acts of inter- of all defense articles transferred and defense tions. national terrorism against the United States by services provided in connection with such de- (10) On June 3, 2012, the Meshrano Jirga, the such nations, organizations, or persons. fense articles under subsection (a) in any fiscal upper house of the Afghan parliament, ap- (2) President Barack Obama and Secretary of year may not exceed $250,000,000. proved the Agreement by a vote of 67–13. Defense Leon Panetta have stated that the (2) SOURCE OF TRANSFERRED ARTICLES.—The (11) On July 8, 2012, at the Tokyo Conference United States continues to fight in Afghanistan authority under subsection (a) may only be used on Afghanistan, the international community to defeat the al Qaeda threat and the Taliban, for defense articles that— and the Government of Afghanistan reaffirmed which harbored al Qaeda in Afghanistan, where (A) were present in Afghanistan as of the date their partnership in the economic growth and the attacks of September 11, 2001, were planned of the enactment of this Act; development of Afghanistan through a process and where the attackers received training. (B) immediately before transfer were in use to of mutual commitments and accountability. (3) On May 1, 2012, the United States entered support operations in Afghanistan; and (12) On July 4, 2012, the Enduring Strategic into the ‘‘Enduring Strategic Partnership Agree- (C) are no longer required by United States Partnership Agreement entered into force. ment Between the United States of America and forces in Afghanistan. (b) SENSE OF CONGRESS.—It is the sense of the Islamic Republic of Afghanistan’’, which es- (c) APPLICABLE LAW.—Any defense articles Congress that— tablishes an enduring strategic partnership be- transferred or defense services provided under (1) the members of the United States Armed tween the United States and the Islamic Repub- the authority of subsection (a) shall be subject Forces, intelligence community, and diplomatic lic of Afghanistan. to the authorities and limitations applicable to

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00115 Fmt 4624 Sfmt 6333 E:\CR\FM\A12DE6.041 S12DEPT1 tjames on DSK6SPTVN1PROD with S7868 CONGRESSIONAL RECORD — SENATE December 12, 2012 excess defense articles under section 516 of the in subsection (a)(3), the transfer of such defense equipment from the stocks of the Department of Foreign Assistance Act of 1961 (22 U.S.C. 2321j), articles and provision of such defense services Defense in Afghanistan may be transferred as other than the authorities and limitations in will contribute significantly to building key ca- excess defense articles under section 516 of the subsections (b)(1)(B), (e), (f), and (g) of such pabilities of the military and security forces of Foreign Assistance Act of 1961 and subject to section. the recipient country to conduct counterter- the provisions of this subsection. (d) REPORT REQUIRED BEFORE EXERCISE OF rorism and postconflict stability operations in Subtitle C—Reports AUTHORITY.— Somalia. SEC. 1231. REVIEW AND REPORTS ON DEPART- (1) IN GENERAL.—The Secretary of Defense (f) QUARTERLY REPORTS.— MENT OF DEFENSE EFFORTS TO may not exercise the authority under subsection (1) IN GENERAL.—Not later than 90 days after BUILD THE CAPACITY OF AND PART- (a) until 15 days after the Secretary submits to the date of the first transfer of defense articles NER WITH FOREIGN SECURITY the appropriate committees of Congress a report and provision of defense services under the au- FORCES. on the equipment and other property of the De- thority in subsection (a), and at the end of each (a) REVIEW.— partment of Defense in Afghanistan. calendar quarter, if any, thereafter through (1) IN GENERAL.—Not later than 180 days after (2) ELEMENTS.—The report required under March 31, 2015, in which the authority in sub- the date of the enactment of this Act, the De- paragraph (1) shall include the following: section (a) is exercised, the Secretary of Defense fense Policy Board shall conduct a review of the (A) A description of the process for shall submit to the appropriate committees of inventorying equipment and property, including efforts of the Department of Defense to build the Congress a report on the implementation of the capacity of, or partner with, foreign security defense articles, in Afghanistan owned by the authority in subsection (a). Each report shall Department of Defense, including equipment forces in support of national defense and secu- include the replacement value of the defense ar- rity strategies. and property owned by the Department and ticles transferred pursuant to subsection (a), under the control of contractors in Afghanistan. (2) ELEMENTS.—The review required by this both in the aggregate and by military depart- subsection shall include the following: (B) An estimate of the types and quantities of ment, and defense services provided to recipient equipment and property of the Department of (A) An examination of the ways in which the countries, during the 90-day period ending on efforts of the Department to build the capacity Defense, including defense articles, anticipated the date of such report. to be withdrawn from Afghanistan in connec- of, or partner with, foreign security forces di- (2) INCLUSION IN OTHER REPORT.—A report re- rectly support implementation of current nation with the drawdown of United States mili- quired under paragraph (1) may be included in tary forces from Afghanistan between the date tional defense and security strategies. the report required under section 9204 of the (B) An assessment of the range of effects that of the enactment of this Act and December 31, Supplemental Appropriations Act, 2008 (Public 2014, including equipment and property owned efforts of the Department to build the capacity Law 110–252; 122 Stat. 2410) or any follow on re- of, or partner with, foreign security forces are by the Department and under the control of port to such other report. contractors in Afghanistan. designed to achieve in support of current na- (g) DEFINITIONS.—In this section: tional defense and security strategies. (e) NOTICE ON EXERCISE OF AUTHORITY.— (1) APPROPRIATE COMMITTEES OF CONGRESS.— (1) IN GENERAL.—The Secretary of Defense (C) An assessment of the criteria used for The term ‘‘appropriate committees of Congress’’ may not transfer defense articles or provide de- prioritizing such efforts in support of national means— defense and security strategies. fense services under subsection (a) until 15 days (A) the Committee on Armed Services, the (D) An identification of the authorities the after the date on which the Secretary of De- Committee on Foreign Relations, and the Com- Department currently uses to implement such ef- fense, with the concurrence of the Secretary of mittee on Appropriations of the Senate; and State, submits to the appropriate committees of (B) the Committee on Armed Services, the forts, together with an assessment of the ade- Congress notice of the proposed transfer of de- Committee on Foreign Affairs, and the Com- quacy of such authorities. fense articles and provision of defense services. mittee on Appropriations of the House of Rep- (E) An assessment of the capabilities required LEMENTS.—A notice under paragraph (1) (2) E resentatives. by the Department to implement such efforts. shall include the following: (2) DEFENSE ARTICLES.—The term ‘‘defense ar- (F) An assessment of the most effective dis- (A) A description of the amount and types of ticles’’ has the meaning given the term in sec- tribution of the roles and responsibilities for defense articles to be transferred and defense tion 644(d) of the Foreign Assistance Act of 1961 such efforts within the Department, together services to be provided. (22 U.S.C. 2403(d)). with an assessment whether the Department (B) A statement describing the current value (3) DEFENSE SERVICES.—The term ‘‘defense military and civilian workforce is appropriately of the defense articles to be transferred and the services’’ has the meaning given the term in sec- sized and shaped to meet the requirements of estimated replacement value of such articles. tion 644(f) of the Foreign Assistance Act of 1961 such efforts. (C) An identification of the element of the (G) An evaluation of current measures of the military or security force that is the proposed re- (22 U.S.C. 2403(f)). (4) MILITARY AND SECURITY FORCES.—The Department for assessing activities of the De- cipient of the defense articles to be transferred term ‘‘military and security forces’’ means na- partment designed to build the capacity of, or and defense service to be provided. tional armies, national air forces, national na- partner with, foreign security forces, including (D) An identification of the military depart- an assessment whether such measures address ment from which the defense articles to be vies, national guard forces, police forces, and border security forces, but does not include non- the extent to which such activities directly sup- transferred are to be drawn. port the priorities of national defense and secu- (E) An assessment of the impact, if any, of the governmental or irregular forces (such as pri- rity strategies. transfer of defense articles on the readiness of vate militias). (H) An identification of recommendations for units from which the defense articles are to be (5) EAST AFRICA REGION.—The term ‘‘East Af- clarifying or improving the guidance and assess- transferred, and the plan, if any, for mitigating rica region’’ means Burundi, Djibouti, Ethiopia, ment measures of the Department relating to its such impact or reimbursing the military depart- Kenya, Somalia, and Uganda. efforts to build the capacity of, or partner with, ment of such units for such defense articles. (h) EXPIRATION.—The authority provided in (F) An assessment of the ability of the recipi- subsection (a) may not be exercised after Decem- foreign security forces in support of national de- ent government to sustain the costs associated ber 31, 2014. fense and security strategies. EPORT.—Not later than 90 days after the with receiving, possessing, and using the de- (i) EXCESS DEFENSE ARTICLES.— (3) R completion of the review required by this sub- fense articles to be transferred. (1) ADDITIONAL AUTHORITY.—The authority (G) A determination and certification by the provided by subsection (a) is in addition to the section, the Secretary of Defense shall submit to Secretary of Defense that— authority provided by section 516 of the Foreign the congressional defense committees a report (i) the proposed transfer of the defense articles Assistance Act of 1961. containing the result of the review. to be transferred and the provision of defense (2) EXEMPTIONS.—(A) During fiscal years 2013 (b) STRATEGIC GUIDANCE ON DEPARTMENT OF services to be provided in connection with such and 2014, the value of excess defense articles DEFENSE EFFORTS TO BUILD PARTNER CAPACITY transfer is in the national interest of the United transferred from the stocks of the Department of AND OTHER PARTNERSHIP INITIATIVES.—Not States; Defense in Afghanistan to Afghanistan, Yemen, later than 120 days after the completion of the (ii) for the transfer of defense articles under Somalia, or other countries in the East Africa review required by subsection (a), the Secretary the authority in subsection (a)(1), such defense region pursuant to section 516 of the Foreign of Defense shall, in coordination with the articles are required by the military and security Assistance Act of 1961 shall not be counted Chairman of the Joint Chiefs of Staff, submit to forces of Afghanistan to build their capacity to against the limitation on the aggregate value of the congressional defense committees a report restore and maintain peace and security in that excess defense articles transferred contained in setting forth the following: country; subsection (g) of such section. (1) An assessment, taking into account the (iii) for the transfer of defense articles and (B) During fiscal years 2013 and 2014, any ex- recommendations of the Defense Policy Board in provision of defense services under the authority cess defense articles specified in subparagraph the review required by subsection (a), of the ef- in subsection (a)(2), the transfer of such defense (A) shall not be subject to the authorities and forts of the Department of Defense to build the articles and provision of such defense services limitations applicable to excess defense articles capacity of, and partner with, foreign military will contribute significantly to building key ca- under section 516 of the Foreign Assistance Act forces in support of national defense and secu- pacities of the military and security forces of of 1961 contained in subsections (b)(1)(B) and rity strategies. Yemen required to conduct counterterrorism op- (e) of such section. (2) Strategic guidance for the Department for erations and counter al Qaeda in the Arabian (3) CONSTRUCTION EQUIPMENT.—Notwith- its efforts to build the capacity of, and partner Peninsula; and standing section 644(g) of the Foreign Assistance with, foreign military forces in support of na- (iv) for the transfer of defense articles and Act of 1961 (22 U.S.C. 2403(g)) and section 2562 tional defense and security strategies, which provision of defense services under the authority of title 10, United States Code, construction guidance shall address—

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00116 Fmt 4624 Sfmt 6333 E:\CR\FM\A12DE6.041 S12DEPT1 tjames on DSK6SPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — SENATE S7869 (A) the ways such efforts directly support the plications of any such knowledge gaps for the form, that includes an assessment of the Com- goals and objectives of national defense and se- security of the United States and its allies. mander of the United States Pacific Command curity strategies; ‘‘(12) A description of China’s anti-access and on the following matters: (B) the criteria to be used for prioritizing ac- area denial capabilities. ‘‘(1) Any gaps in intelligence that limit the tivities to implement such efforts in support of ‘‘(13) A description of China’s command, con- ability of the Commander to address challenges national defense and security strategies; trol, communications, computers, intelligence, posed by the People’s Republic of China. (C) the measures to be used to assess the ef- surveillance, and reconnaissance modernization ‘‘(2) Any gaps in the capabilities, capacity, fects achieved by such efforts and the extent to program and its applications for China’s preci- and authorities of the Commander to address which such effects support the objectives of na- sion guided weapons. challenges posed by the People’s Republic of tional defense and security strategies; ‘‘(14) A description of China’s maritime activi- China to the United States Armed Forces and (D) the appropriate roles and responsibilities ties, including— United States interests in the region. of the Armed Forces, the Defense Agencies, and ‘‘(A) China’s response to Freedom of Naviga- ‘‘(3) Any other matters the Commander con- other components of the Department in con- tion activities conducted by the Department of siders to be relevant.’’. ducting such efforts; and Defense; SEC. 1233. REPORT ON IMPLEMENTATION BY GOV- (E) the relationship of Department workforce ‘‘(B) an account of each time People’s Libera- ERNMENT OF BAHRAIN OF REC- tion Army Navy vessels have transited outside OMMENDATIONS IN REPORT OF THE planning with the requirements for such efforts. BAHRAIN INDEPENDENT COMMIS- SEC. 1232. ADDITIONAL ELEMENTS IN ANNUAL the First Island Chain, including the type of SION OF INQUIRY. REPORT ON MILITARY AND SECU- vessels that were involved; and (a) IN GENERAL.—Not later than 90 days after RITY DEVELOPMENTS INVOLVING ‘‘(C) the role of China’s maritime law enforce- the date of the enactment of this Act, the Sec- THE PEOPLE’S REPUBLIC OF CHINA. ment vessels in maritime incidents, including de- retary of State shall submit to the Committee on Section 1202 of the National Defense Author- tails regarding any collaboration between Chi- Foreign Relations of the Senate and the Com- ization Act for Fiscal Year 2000 (10 U.S.C. 113 na’s law enforcement vessels and the People’s mittee on Foreign Affairs of the House of Rep- note) is amended— Liberation Army Navy.’’; and resentatives a report on the implementation by (1) in subsection (b)— (D) by adding after paragraph (17), as redes- the Government of Bahrain of the recommenda- (A) by amending paragraph (9) to read as fol- ignated by subparagraph (B), the following new tions contained in the Report of the Bahrain lows: paragraphs: Independent Commission of Inquiry. ‘‘(9) Developments in China’s asymmetric ca- ‘‘(18) A description of Chinese military-to-mili- (b) CONTENT.—The report required under sub- pabilities, including efforts to develop and de- tary relationships with other countries, includ- section (a) shall include the following elements: ploy cyberwarfare and electronic warfare capa- ing the size and activity of military attache of- (1) A description of the specific steps taken by bilities, and associated activities originating or fices around the world and military education the Government of Bahrain to implement each suspected of originating from China. This dis- programs conducted in China for other coun- of the 26 recommendations contained in the Re- cussion of these developments shall include— tries or in other countries for the Chinese. port of the Bahrain Independent Commission of ‘‘(A) the nature of China’s cyber activities di- ‘‘(19) A description of any significant sale or Inquiry. rected against the Department of Defense and transfer of military hardware, expertise, and (2) An assessment of whether each rec- an assessment of the damage inflicted on the technology to or from the People’s Republic of ommendation has been fully complied with by Department of Defense by reason thereof, and China, including a forecast of possible future the Government of Bahrain. the potential harms; sales and transfers, and a description of the im- (3) An assessment of the impact of the find- ‘‘(B) a description of China’s strategy for use plications of those sales and transfers for the se- ings of the Report of the Bahrain Independent and potential targets of offensive cyberwarfare curity of the United States and its friends and Commission of Inquiry on progress toward de- and electronic warfare capabilities; allies in Asia. The information under this para- mocracy and respect for human rights in Bah- ‘‘(C) details on the number of malicious cyber graph shall include— rain. incidents emanating from Internet Protocol ad- ‘‘(A) the extent of the People’s Republic of SEC. 1234. REPORTS ON SYRIA. dresses in China, including a comparison of the China’s knowledge, cooperation, or condoning (a) REPORT ON OPPOSITION GROUPS.— number of incidents during the reporting period of sales or transfers of military hardware, exper- (1) IN GENERAL.—Not later than 90 days after to previous years; and tise, or technology to receiving states; the date of the enactment of this Act, the Direc- ‘‘(D) details regarding the specific People’s ‘‘(B) the extent in each selling state of govern- tor of National Intelligence and Secretary of Liberation Army; state security; research and ment knowledge, cooperation, or condoning of State shall submit to Congress a report describ- academic; state-owned, associated, or other com- sales or transfers of military hardware, exper- ing in detail all the known opposition groups, mercial enterprises; and other relevant actors tise, or technology to the People’s Republic of both independent and state-sponsored, inside involved in supporting or conducting China; and outside of Syria, operating directly or indi- cyberwarfare and electronic warfare activities ‘‘(C) an itemization of significant sales and rectly to oppose the Government of Syria. and capabilities.’’; transfers of military hardware, expertise, or (2) CONTENT.—The report required under (B) by redesignating paragraphs (10), (11), technology that have taken place during the re- paragraph (1) shall include the following ele- and (12) as paragraphs (15), (16), and (17) reporting period; ments: spectively; ‘‘(D) significant assistance by any selling (A) An assessment of the current military ca- (C) by inserting after paragraph (9) the fol- state to key research and development programs pacity of opposition forces. (B) An assessment of the ability of opposition lowing new paragraphs: in China, including programs for development of forces inside and outside of Syria to establish ‘‘(10) The strategy and capabilities of Chinese weapons of mass destruction and delivery vehi- military and political activities impacting Syria, space programs, including trends, global and re- cles for such weapons, programs for develop- together with a practicable timetable for accom- gional activities, the involvement of military ment of advanced conventional weapons, and plishing these objectives. and civilian organizations, including state- programs for development of unconventional (C) An assessment of the ability of any of the owned enterprises, academic institutions, and weapons; opposition groups to establish effective military commercial entities, and efforts to develop, ac- ‘‘(E) significant assistance by the People’s Re- and political control in Syria. quire, or gain access to advanced technologies public of China to the research and development (D) A description of the composition and polit- that would enhance Chinese military capabili- programs of purchasing or receiving states, in- ical agenda of each of the known opposition ties. cluding programs for development of weapons of groups inside and outside of Syria, and an as- ‘‘(11) Developments in China’s nuclear capa- mass destruction and delivery vehicles for such sessment of the degree to which such groups bilities, which shall include the following: weapons, programs for development of advanced represent the views of the people of Syria as a ‘‘(A) The size and state of China’s nuclear conventional weapons, and programs for devel- whole. stockpile. opment of unconventional weapons; (E) A description of the financial resources ‘‘(B) A description of China’s nuclear strategy ‘‘(F) the extent to which arms sales to or from currently available to opposition groups and and associated doctrines. the People’s Republic of China are a source of known potential sources of continued financing. ‘‘(C) A description of the quantity, range, funds for military research and development or (F) An assessment of the relationship between payload features, and location of China’s nu- procurement programs in China or the selling each of the Syrian opposition groups and the clear missiles and the quantity and operational state; Muslim Brotherhood, al Qaeda, Hezbollah, status of their associated launchers or plat- ‘‘(G) a discussion of the ability of the People’s Hamas, and any other groups that have pro- forms. Liberation Army to assimilate such sales or moted an agenda that would negatively impact ‘‘(D) An analysis of China’s efforts to use transfers, mass produce new equipment, and de- United States national interests. electromagnetic pulse. velop doctrine for use; and (G) An assessment of the impact of support ‘‘(E) Projections of possible future Chinese ‘‘(H) a discussion of the potential threat of de- from the United States and challenges to pro- nuclear arsenals, their capabilities, and associ- velopments related to such sales on the security viding such additional support to opposition ated doctrines. interests of the United States and its friends and forces on the factors discussed in subparagraphs ‘‘(F) A description of China’s fissile material allies in Asia.’’; and (A) through (F). stockpile and civil and military production ca- (2) by amending subsection (d) to read as fol- (b) REPORT ON WEAPONS STOCKPILES.— pabilities and capacities. lows: (1) IN GENERAL.—Not later than 90 days after ‘‘(G) A discussion of any significant uncer- ‘‘(d) COMBATANT COMMANDER ASSESSMENT.— the date of the enactment of this Act, the Direc- tainties or knowledge gaps surrounding China’s The report required under subsection (a) shall tor of National Intelligence and Secretary of De- nuclear weapons program and the potential im- include an annex, in classified or unclassified fense shall submit to Congress an assessment of

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00117 Fmt 4624 Sfmt 6333 E:\CR\FM\A12DE6.041 S12DEPT1 tjames on DSK6SPTVN1PROD with S7870 CONGRESSIONAL RECORD — SENATE December 12, 2012 the size and security of conventional and non- tiveness of the following military activities, as meet that country’s share of the costs of the conventional weapons stockpiles in Syria. required by subsection (a): Program shall be credited to appropriations (2) CONTENT.—The report required under (1) The deployment of air defense systems, available to the Department of Defense, as de- paragraph (1) shall include the following ele- such as Patriot missile batteries, to neighboring termined by the Secretary of Defense. The ments: countries for the purpose of denying or signifi- amount of a contribution credited to an appro- (A) A description of who has or may have ac- cantly degrading the operational capability of priation account in connection with the Pro- cess to the stockpiles. Syria aircraft. gram shall be available only for payment of the (B) A description of the sources and types of (2) The establishment of one or more no-fly share of the Program expenses allocated to the weapons flowing from outside Syria to both gov- zones over key population centers in Syria. participating country making the contribution. ernment and opposition forces. (3) Limited air strikes to destroy or signifi- Amounts so credited shall be available for the (C) A description of U.S. and international ef- cantly degrade Syria aircraft. following purposes: forts to prevent the proliferation of conven- (4) Such other military activities as the Sec- ‘‘(A) Payments to contractors and other sup- tional, biological, chemical, and other types of retary considers appropriate to achieve the goals pliers (including the Department of Defense and weapons in Syria. stated in subsection (b). participating countries acting as suppliers) for (c) REPORT ON CURRENT ACTIVITIES AND FU- (d) ELEMENTS IN DESCRIPTION OF POTENTIAL necessary goods and services of the Program. TURE PLANS TO PROVIDE ASSISTANCE TO SYRIA’S MILITARY ACTIVITIES.—For each military activ- ‘‘(B) Payments for any damages and costs re- POLITICAL OPPOSITION.— ity that the Secretary identifies in subsection sulting from the performance or cancellation of (1) IN GENERAL.—Not later than 90 days after (c), the comprehensive description of such ac- any contract or other obligation in support of the date of the enactment of this Act, the Sec- tivities under that subsection shall include, but the Program. retary of State shall submit to Congress a report not be limited to, the type and the number of ‘‘(C) Payments for any monetary claim on all the support provided to opposition polit- United States military personnel and assets to against a participating country as a result of ical forces in Syria. be involved in such activities, the anticipated the participation of that country in the Pro- (2) CONTENT.—The report required under duration of such activities, and the anticipated gram. paragraph (1) shall include the following ele- cost of such activities. The report shall also ‘‘(D) Payments or reimbursements of other ments: identify what elements would be required to Program expenses, including overhead and ad- (A) A full description of the current technical maximize the effectiveness of such military ac- ministrative costs for any administrative office assistance democracy programs conducted by tivities. for the Program. the Department of State and United States (e) NO AUTHORIZATION FOR USE OF MILITARY ‘‘(E) Refunds to other participating countries. Agency for International Development to sup- FORCE.—Nothing in this section shall be con- ‘‘(5) Costs for the operation of any office es- port the political opposition in Syria. strued as a declaration of war or an authoriza- tablished to carry out the Program shall be (B) A full summary of the communications tion for the use of force. borne jointly by the participating countries as equipment that is currently being provided to (f) The report required in subsection (a) shall provided for in an agreement referred to in sub- the political opposition in Syria, including a de- be delivered in classified form. section (a). scription of the entities that have received and Subtitle D—Other Matters ‘‘(d) AUTHORITY TO CONTRACT FOR PROGRAM that will continue to receive such equipment. SEC. 1241. IMPROVED ADMINISTRATION OF THE ACTIVITIES.—As part of the participation by the (C) A description of any additional activities AMERICAN, BRITISH, CANADIAN, AND United States in the Program, the Secretary of the United States plans to undertake in support AUSTRALIAN ARMIES’ PROGRAM. Defense may enter into contracts or incur other of the political opposition in Syria. (a) AUTHORITY.— obligations on behalf of the other participating (D) A description of the funding levels cur- (1) IN GENERAL.—Chapter 6 of title 10, United countries for activities under the Program. Any rently dedicated to support the political opposi- States Code, is amended by adding at the end payment for such a contract or other obligation tion in Syria. the following new section: under this subsection may be paid only from (E) A description of obstacles and challenges ‘‘§ 168a. American, British, Canadian, and contributions credited to an appropriation to providing additional support to Syria’s polit- Australian Armies’ Program: administra- under subsection (c)(4). ical opposition. tion; agreements with other participating ‘‘(e) DISPOSAL OF PROPERTY.—As part of the (d) FORM.—The reports required by this sec- countries participation by the United States in the Pro- gram, the Secretary of Defense may, with re- tion may be submitted in a classified form. ‘‘(a) AUTHORITY.—As part of the participation SEC. 1235. REPORT ON MILITARY ACTIVITIES TO by the United States in the land-force program spect to any property that is jointly acquired by DENY OR SIGNIFICANTLY DEGRADE known as the American, British, Canadian, and the countries participating in the Program, THE USE OF AIR POWER AGAINST CI- Australian Armies’ Program (in this section re- agree to the disposal of the property without re- VILIAN AND OPPOSITION GROUPS IN gard to any law of the United States that is oth- SYRIA. ferred to as the ‘Program’), the Secretary of De- fense may, with the concurrence of the Sec- erwise applicable to the disposal of property (a) REPORT REQUIRED.—Not later than 90 owned by the United States. Such disposal may days after the date of the enactment of this Act, retary of State, enter into agreements with the other participating countries in accordance with include the transfer of the interest of the United the Secretary of Defense shall, in consultation States in the property to one or more of the with the Chairman of the Joint Chiefs of Staff, this section, and the Program shall be managed pursuant to a joint agreement among the par- other participating countries or the sale of the submit to the congressional defense committees a property. Reimbursement for the value of the report identifying the limited military activities ticipating countries. ‘‘(b) PARTICIPATING COUNTRIES.—In addition property disposed of (including the value of the that could deny or significantly degrade the to the United States, the countries participating interest of the United States in the property) ability of President Bashar al-Assad of Syria, in the Program are the following: shall be made in accordance with an agreement and forces loyal to him, to use air power against ‘‘(1) Australia. under subsection (a). civilians and opposition groups in Syria. ‘‘(2) Canada. ‘‘(f) SUNSET.—Any agreement entered into by (b) NATURE OF MILITARY ACTIVITIES.— ‘‘(3) New Zealand. the United States with another country under (1) PRINCIPAL PURPOSE.—The principal pur- ‘‘(4) The United Kingdom. subsection (a), and United States participation pose of the military activities identified for pur- ‘‘(c) CONTRIBUTIONS BY PARTICIPANTS.—(1) An in the joint agreement described in that sub- poses of the report required by subsection (a) agreement under subsection (a) shall provide section, shall expire not later than five years shall be to advance the goals of President that each participating country shall contribute after the date of the enactment of the National Obama of stopping the killing of civilians in to the Program— Defense Authorization Act for Fiscal Year Syria and creating conditions for a transition to ‘‘(A) its equitable share of the full cost for the 2013.’’. a democratic, pluralistic political system in Program, including the full cost of overhead (2) CLERICAL AMENDMENT.—The table of sec- Syria. and administrative costs related to the Program; tions at the beginning of chapter 6 of such title (2) ADDITIONAL GOALS.—The military activi- and is amended by adding at the end the following ties identified for purposes of the report shall ‘‘(B) any amount allocated to it in accordance new item: also meet the goals as follows: with the agreement for the cost for monetary ‘‘168a. American, British, Canadian, and Aus- (A) That the United States Armed Forces con- claims asserted against any participating coun- tralian Armies’ Program: adminis- duct such activities with foreign allies or part- try as a result of participation in the Program. tration; agreements with other ners. ‘‘(2) Such an agreement shall also provide participating countries.’’. (B) That United States ground troops not be that each participating country (including the (b) REPORT.—Not later than 60 days before deployed onto Syrian territory. United States) may provide its contribution for the expiration date for agreements under sub- (C) That the risk to civilians on the ground in its equitable share under the agreement in section (a) of section 168a of title 10, United Syria be limited. funds, in personal property, or in services re- States Code (as added by subsection (a) of this (D) That the risks to United States military quired for the Program (or in any combination section), pursuant to subsection (f) of such sec- personnel be limited. thereof). tion, the Secretary of Defense shall submit to (E) That the financial costs to the United ‘‘(3) Any contribution by the United States to the Committees on Armed Services of the Senate States be limited. the Program that is provided in funds shall be and the House of Representatives a report on (c) ELEMENTS ON POTENTIAL MILITARY ACTIVI- made from funds available to the Department of the activities, costs, and accomplishments of the TIES.—The report required by subsection (a) Defense for operation and maintenance. American, British, Canadian, and Australian shall include a comprehensive description, eval- ‘‘(4) Any contribution received by the United Armies’ Program during the five-year period uation, and assessment of the potential effec- States from another participating country to ending on the date of such report.

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00118 Fmt 4624 Sfmt 6333 E:\CR\FM\A12DE6.041 S12DEPT1 tjames on DSK6SPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — SENATE S7871 SEC. 1242. UNITED STATES PARTICIPATION IN on a reimbursable basis or by replacement-in- rangement or agreement entered into under sub- HEADQUARTERS EUROCORPS. kind or the exchange of air transportation or air section (b). (a) PARTICIPATION AUTHORIZED.—The Sec- refueling services of an equal value. (f) COMPTROLLER GENERAL OF UNITED STATES retary of Defense may, with the concurrence of (3) LIMITATIONS.—The United States’ balance REPORT.—Not later than one year after the date the Secretary of State, authorize the participa- of executed flight hours, whether as credits or of the enactment of this Act, the Comptroller tion of members of the Armed Forces as members debits, in participation in the ATARES program General of the United States shall submit to the of the staff of Headquarters Eurocorps for the under paragraph (1) may not exceed 500 hours. congressional defense committees a report on the purpose of supporting the North Atlantic Treaty The United States’ balanced of executed flight ATARES program. The report shall set forth the Organization (NATO) activities of the NATO hours for air refueling in the ATARES program assessment of the Comptroller General of the Rapid Deployable Corps Eurocorps. under paragraph (1) may not exceed 200 hours. program, including the types of services avail- (b) MEMORANDUM OF UNDERSTANDING.— (b) WRITTEN ARRANGEMENT OR AGREEMENT.— able under the program, whether the program is (1) REQUIREMENT.—The participation of mem- (1) ARRANGEMENT OR AGREEMENT REQUIRED.— achieving its intended purposes, and, on the bers of the Armed Forces as members of the staff The participation of the United States in the basis of actual cost data from the performance of Headquarters Eurocorps shall be in accord- ATARES program under subsection (a) shall be of the program, the cost-effectiveness of the pro- ance with the terms of one or more memoranda in accordance with a written arrangement or gram. of understanding entered into by the Secretary agreement entered into by the Secretary of De- (g) EXPIRATION.—The authority provided by of Defense, with the concurrence of the Sec- fense, with the concurrence of the Secretary of this section to participate in the ATARES pro- retary of State, and Headquarters Eurocorps. State, and the Movement Coordination Centre gram shall expire five years after the date on (2) COST-SHARING ARRANGEMENTS.—If Depart- Europe. which the Secretary of Defense first enters into ment of Defense facilities, equipment, or funds (2) FUNDING ARRANGEMENTS.—If Department a written arrangement or agreement under sub- are used to support Headquarters Eurocorps, the of Defense facilities, equipment, or funds are section (b). The Secretary shall publish notice of memoranda of understanding under paragraph used to support the ATARES program, the writ- such date on a public website of the Department (1) shall provide details of any cost-sharing ar- ten arrangement or agreement under paragraph of Defense. rangement or other funding arrangement. (1) shall specify the details of any equitable cost sharing or other funding arrangement. SEC. 1244. AUTHORITY TO ESTABLISH PROGRAM (c) LIMITATION ON NUMBER OF MEMBERS PAR- TO PROVIDE ASSISTANCE TO FOR- THER ELEMENTS TICIPATING AS STAFF.—Not more than two mem- (3) O .—Any written arrange- EIGN CIVILIANS FOR HARM INCI- bers of the Armed Forces may participate as ment or agreement entered into under para- DENT TO COMBAT OPERATIONS OF members of the staff of Headquarters Eurocorps, graph (1) shall require that any accrued credits THE ARMED FORCES IN FOREIGN until the Secretary of Defense submits to the and liabilities resulting from an unequal ex- COUNTRIES. Committees on Armed Services of the Senate and change or transfer of air transportation or air (a) AUTHORITY TO ESTABLISH PROGRAM.—The the House of Representatives a report setting refueling services shall be liquidated, not less Secretary of Defense may establish a program, forth the following: than once every five years, through the under such regulations as the Secretary may (1) A certification by the Secretary of Defense ATARES program. prescribe, to enable military commanders at that the participation of more than two members (c) IMPLEMENTATION.—In carrying out any their discretion to provide assistance to foreign of the Armed Forces in Headquarters Eurocorps written arrangement or agreement entered into civilians for damage, personal injury, or death is in the national interests of the United States. under subsection (b), the Secretary of Defense that is incident to combat operations of the (2) A description of the benefits of the partici- may— Armed Forces in a foreign country. (1) pay the United States’ equitable share of pation of the additional members proposed by (b) ELEMENTS.— the operating expenses of the Movement Coordi- the Secretary. (1) NATURE OF ASSISTANCE.—Any assistance (3) A description of the plans for the partici- nation Centre Europe and the ATARES consor- provided under a program under subsection (a) pation of the additional members proposed by tium from funds available to the Department of may be provided only ex gratia, and shall not be the Secretary, including the grades and posts to Defense for operation and maintenance; and considered an admission or acknowledgment of (2) assign members of the Armed Forces or De- be filled. any legal obligation to compensate for any dam- partment of Defense civilian personnel, from (4) A description of the costs associated with age, personal injury, or death. among members and personnel within billets au- the participation of the additional members pro- (2) TREATMENT WITH OTHER COMPENSATION.— thorized for the United States European Com- posed by the Secretary. In the event compensation for damage, personal mand, to duty at the Movement Coordination (d) AVAILABILITY OF APPROPRIATED FUNDS.— injury, or death covered by this section is re- Centre Europe as necessary to fulfill the United (1) AVAILABILITY.—Funds appropriated to the ceived through a separate program operated by States’ obligations under that arrangement or Department of Defense for operation and main- the United States Government, receipt of com- agreement. tenance are available as follows: pensation in such amount should be considered (d) CREDITING OF RECEIPTS.—Any amount re- (A) To pay the United States’ share of the op- by the commander or legal advisor determining ceived by the United States in carrying out a erating expenses of Headquarters Eurocorps. appropriate assistance under a program under written arrangement or agreement entered into (B) To pay the costs of the participation of subsection (a). under subsection (b) shall be credited, as elected members of the Armed Forces participating as (3) AMOUNT OF ASSISTANCE.—If the Secretary by the Secretary of Defense, to the following: of Defense determines a program under sub- members of the staff of Headquarters Eurocorps, (1) The appropriation, fund, or account used section (a) to be fitting in a particular setting, including the costs of expenses of such partici- in incurring the obligation for which such the amount of assistance, if any, to be provided pants. amount is received. (2) LIMITATION.—No funds may be used under (2) An appropriation, fund, or account cur- to civilians determined to have suffered harm this section to fund the pay or salaries of mem- rently available for the purposes for which such incident to combat operations of the Armed bers of the Armed Forces who participate as obligation was made. Forces under the program should be determined members of the staff of the Headquarters, North (e) ANNUAL SECRETARY OF DEFENSE RE- pursuant to regulations prescribed by the Sec- Atlantic Treaty Organization (NATO) Rapid PORTS.—Not later than 30 days after the end of retary and based on an assessment of cultural Deployable Corps under this section. each fiscal year in which the authority provided appropriateness and prevailing economic condi- (e) HEADQUARTERS EUROCORPS DEFINED.—In by this section is in effect, the Secretary of De- tions. this section, the term ‘‘Headquarters Eurocorps’’ fense shall submit to Congress a report on (c) RECORDS.— refers to the multinational military head- United States participation in the ATARES pro- (1) IN GENERAL.—The regulations prescribed quarters, established on October 1, 1993, which gram during such fiscal year. Each report shall by the Secretary of Defense for purposes of any is one of the High Readiness Forces (Land) as- include the following: program under subsection (a) shall include re- sociated with the Allied Rapid Reaction Corps (1) The United States balance of executed quirements as follows: of NATO. flight hours at the end of the fiscal year covered (A) That local military commanders maintain SEC. 1243. DEPARTMENT OF DEFENSE PARTICIPA- by such report. a written record of any assistance offered or de- TION IN EUROPEAN PROGRAM ON (2) The types of services exchanged or trans- nied under such program. MULTILATERAL EXCHANGE OF AIR ferred during the fiscal year covered by such re- (B) That local military commanders submit on TRANSPORTATION AND AIR REFUEL- port. a timely basis a report summarizing such writ- ING SERVICES. (3) A description of any United States costs ten records to the appropriate office in the De- (a) PARTICIPATION AUTHORIZED.— under the written arrangement or agreement partment of Defense as specified by the Sec- (1) IN GENERAL.—The Secretary of Defense under subsection (b)(1) in connection with the retary in such regulations. may, with the concurrence of the Secretary of use of Department of Defense facilities, equip- SEC. 1245. SUSTAINABILITY REQUIREMENTS FOR State, authorize the participation of the United ment, or funds to support the ATARES program CERTAIN CAPITAL PROJECTS IN States in the Air Transport, Air-to-Air Refueling under that subsection as provided by subsection CONNECTION WITH OVERSEAS CON- and other Exchanges of Services program (in (b)(2). TINGENCY OPERATIONS. this section referred to as the ‘‘ATARES pro- (4) A description of the United States’ equi- (a) LIMITATION.— gram’’) of the Movement Coordination Centre table share of the operating expenses of the (1) IN GENERAL.—Commencing 60 days after Europe. Movement Coordination Centre Europe and the the date of the enactment of this Act— (2) SCOPE OF PARTICIPATION.—Participation in ATARES consortium paid under subsection (A) amounts authorized to be appropriated for the ATARES program under paragraph (1) shall (c)(1). the Department of Defense may not be obligated be limited to the reciprocal exchange or transfer (5) A description of any amounts received by or expended for a capital project described in of air transportation and air refueling services the United States in carrying out a written ar- subsection (b) unless the Secretary of Defense,

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00119 Fmt 4624 Sfmt 6333 E:\CR\FM\A12DE6.041 S12DEPT1 tjames on DSK6SPTVN1PROD with S7872 CONGRESSIONAL RECORD — SENATE December 12, 2012 in consultation with the United States com- retary or the Administrator shall include a de- (2) using amounts authorized to be appro- mander of military operations in the country in tailed justification of such waiver. Not later priated by section 301 and specified in the fund- which the project will be carried out, completes than 45 days after issuing a waiver under this ing table in section 4301 for Operation and an assessment on the necessity and sustain- subsection, such Secretary or the Administrator Maintenance, Defense-wide for ‘‘Additional ISR ability of the project; shall submit to Congress the assessment de- Support to Operation Observant Compass’’, the (B) amounts authorized to be appropriated for scribed in subsection (a) with respect to the cap- Secretary of Defense should provide increased the Department of State may not be obligated or ital project concerned. intelligence, surveillance, and reconnaissance expended for a capital project described in sub- (d) SEMI-ANNUAL REPORTS.— assets to support the ongoing efforts of United section (b) unless the Secretary of State, in con- (1) IN GENERAL.—Not later than 30 days after States Special Operations Forces to advise and sultation with the Chief of Mission in the coun- the end of each fiscal-year half-year the Sec- assist regional partners as they conduct oper- try in which the project will be carried out, com- retary of Defense, the Secretary of State, and ations against the Lord’s Resistance Army in pletes an assessment on the necessity and sus- the Administrator of the United States Agency Central Africa; tainability of the project; and for International Development shall each submit (3) United States and regional African forces (C) amounts authorized to be appropriated for to the appropriate committees of Congress a re- should increase their operational coordination; the United States Agency for International De- port setting forth each assessment conducted and velopment may not be obligated or expended for under subsection (a) by such Secretary or the (4) the regional governments should recommit a capital project described in subsection (b) un- Administrator, as the case may be, during such themselves to the operations sanctioned by the less the Administrator of the United States fiscal-year half-year, including the elements of African Union Peace and Security Council reso- Agency for International Development, in con- each capital project assessed specified in sub- lution. section (a)(2). sultation with the Mission Director and the SEC. 1247. IMPOSITION OF SANCTIONS WITH RE- Chief of Mission in the country in which the (2) ADDITIONAL ELEMENTS.—In addition to the SPECT TO SUPPORT FOR THE REBEL project will be carried out, completes an assess- matters provided for in paragraph (1), each re- GROUP KNOWN AS M23. ment on the necessity and sustainability of the port under that paragraph shall include the fol- (a) BLOCKING OF ASSETS.— project. lowing: (1) IN GENERAL.—The Secretary of the Treas- (A) For each capital project covered by such (2) ELEMENTS.—Each assessment on a capital ury shall, pursuant to the International Emer- report, an evaluation (other than by amount of project under this subsection shall include, but gency Economic Powers Act (50 U.S.C. 1701 et funds expended) of the effectiveness of such not be limited to, the following: seq.) or Executive Order 13413 (74 Fed. Reg. project, including, at a minimum, the following: (A) An estimate of the total cost of the com- 64105; relating to blocking property of certain pleted project to the United States. (i) The stated goals of the project. (ii) The actions taken to assess and verify persons contributing to the conflict in the Demo- (B) An estimate of the financial and other re- cratic Republic of the Congo), block and pro- quirements necessary for the host government to whether the project has met the stated goals of the project or is on track to meet such goals hibit all transactions in all property and inter- sustain the project on an annual basis after ests in property of a person described in sub- completion of the project. when completed. (iii) The current and anticipated levels of in- section (c) if such property and interests in (C) An assessment whether the host govern- property are in the United States, come within ment has the capacity (in both financial and volvement of local governments, communities, and individuals in the project. the United States, or are or come within the pos- human resources) to maintain and use the session or control of a United States person. project after completion. (B) For each country or region in which a (2) EXCEPTION.—The authority to block and (D) A description of any arrangements for the capital project covered by such report is being prohibit all transactions in all property and in- sustainment of the project following its comple- carried out, an assessment of the following: terests in property under paragraph (1) does not tion if the host government lacks the capacity (i) The current and anticipated effects of vio- include the authority to impose sanctions on the (in financial or human resources) to maintain lence in the country or region on all the projects importation of property. the project. in the country or region covered by such report. (ii) The current and anticipated levels of cor- (b) VISA BAN.—The Secretary of State shall (E) An assessment whether the host govern- ruption or fraud in the country or region in the deny a visa to, and the Secretary of Homeland ment has requested or expressed its need for the connection with all the projects in the country Security shall exclude from the United States, project, and an explanation of the decision to or region covered by such report, and the cur- any alien who is a person described in sub- proceed with the project absent such request or rent and anticipated risks of corruption or fraud section (c). need. (F) An assessment by the Secretary of De- in connection with such projects. (c) PERSONS DESCRIBED.—A person described (3) FORM.—Each report shall be submitted in fense, where applicable, of the effect of the in this subsection is a person that the President unclassified form, but may include a classified project on the military mission of the United determines provides, on or after the date of the annex. States in the country concerned enactment of this Act, significant financial, ma- (e) DEFINITIONS.—In this section: terial, or technological support to M23. (b) COVERED CAPITAL PROJECTS.— (1) The term ‘‘appropriate committees of Con- (1) IN GENERAL.—Except as provided in para- (d) WAIVER.—The President may waive the gress’’ means— application of this section with respect to a per- graph (2), a capital project described in this sub- (A) the Committee on Armed Services, the section is any capital project overseas for an son if the President determines and reports to Committee on Foreign Relations, the Committee the appropriate congressional committees that overseas contingency operation for the benefit on Homeland Security and Governmental Af- of a host country and funded by the Depart- the waiver is in the national interest of the fairs, and the Committee on Appropriations of United States. ment of Defense, the Department of State, or the the Senate; and United States Agency for International Develop- (e) TERMINATION OF SANCTIONS.—Sanctions (B) the Committee on Armed Services, the imposed under this section may terminate 15 ment, as applicable, if the capital project— Committee on Foreign Affairs, the Committee on (A) in the case of a project that directly sup- days after the date on which the President de- Oversight and Government Reform, and the termines and reports to the appropriate congres- ports building the capacity of indigenous secu- Committee on Appropriations of the House of rity forces in the host country, has an estimated sional committees that the person covered by Representatives. such determination has terminated the provision value in excess of $10,000,000; (2) The term ‘‘capital project’’ has the mean- of significant financial, material, and techno- (B) in the case of any project not covered by ing given that term in section 308 of the Aid, logical support to M23. subparagraph (A) that is to be funded by the Trade, and Competitiveness Act of 1992 (22 (f) TERMINATION OF SECTION.—This section Department of State or the United States Agen- U.S.C. 2421e). cy for International Development, has an esti- (3) The term ‘‘overseas contingency oper- shall terminate on the date that is 15 days after mated value in excess of $5,000,000; or ation’’ means a military operation outside the the date on which the President determines and (C) in the case of any other project, has an es- United States and its territories and possessions reports to the appropriate congressional commit- timated value in excess of $2,000,000. that is a contingency operation (as that term is tees that M23 is no longer a significant threat to (2) EXCLUSION.—A capital project described in defined in section 101(a)(13) of title 10, United peace and security in the Democratic Republic this subsection does not include any project for States Code). of the Congo. military construction (as that term is defined in (g) DEFINITIONS.—In this section: SEC. 1246. EFFORTS TO REMOVE JOSEPH KONY section 114(b) of title 10, United States Code) or FROM POWER AND END ATROCITIES (1) APPROPRIATE CONGRESSIONAL COMMIT- a military family housing project under section COMMITTED BY THE LORD’S RESIST- TEES.—The term ‘‘appropriate congressional 2821 of such title. ANCE ARMY. committees’’ means— (c) WAIVER.—The Secretary of Defense, the Consistent with the Lord’s Resistance Army (A) the Committee on Banking, Housing, and Secretary of State, or the Administrator of the Disarmament and Northern Uganda Recovery Urban Affairs, the Committee on Armed Serv- United States Agency for International Develop- Act of 2009 (Public Law 111–172), it is the sense ices, and the Committee on Foreign Relations of ment, as applicable, may waive the limitation in of the Senate that— the Senate; and subsection (a) in order to initiate a capital (1) the ongoing United States advise and as- (B) the Committee on Financial Services, the project if such Secretary or the Administrator, sist operation to support the regional govern- Committee on Armed Services, and the Com- as the case may be, determines that the project ments in Africa in their ongoing efforts to ap- mittee on Foreign Affairs of the House of Rep- is in the national security, diplomatic, or hu- prehend or remove Joseph Kony and his top resentatives. manitarian interests of the United States. In the commanders from the battlefield and end atroc- (2) M23.—The term ‘‘M23’’ refers to the rebel first report submitted under subsection (d) after ities perpetuated by his Lord’s Resistance Army group known as M23 operating in the Demo- any waiver under this subsection, such Sec- should continue; cratic Republic of the Congo that derives its

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name from the March 23, 2009, agreement be- the Fund may not be used to pay costs of stor- (i) DEFENSE ARTICLE DEFINED.—In this sec- tween the Government of the Democratic Repub- age and maintenance of such defense articles or tion, the term ‘‘defense article’’ has the meaning lic of the Congo and the National Congress for any other costs associated with the preservation given that term in section 47(3) of the Arms Ex- the Defense of the People (or any successor or preparation for sale or transfer of such de- port Control Act (22 U.S.C. 2794(3)). group). fense articles. (j) EXPIRATION OF AUTHORITY.—The authority (3) UNITED STATES PERSON.—The term ‘‘United (e) SALES OR TRANSFERS OF DEFENSE ARTI- to carry out the program authorized by sub- States person’’ means— CLES.— section (a), and to use amounts in the Fund in (A) an individual who is a United States cit- (1) IN GENERAL.—Any sale or transfer of de- support of the program, shall expire on Sep- izen or an alien lawfully admitted for perma- fense articles repaired, overhauled, or refur- tember 30, 2015. nent residence to the United States; or bished under the program authorized by sub- (k) FUNDING FOR FISCAL YEAR 2013.—Of the (B) an entity organized under the laws of the section (a) shall be in accordance with— amounts authorized to be appropriated for fiscal United States or of any jurisdiction within the (A) the Arms Export Control Act (22 U.S.C. year 2013 by section 1504 for Overseas Contin- United States. 2751 et seq.); gency Operations and available for operation (B) the Foreign Assistance Act of 1961; or SEC. 1248. PROGRAM ON REPAIR, OVERHAUL, AND and maintenance for the Army as specified in (C) another provision of law authorizing such REFURBISHMENT OF DEFENSE ARTI- funding table in section 4302, $48,400,000 shall be CLES FOR SALE OR TRANSFER TO sale or transfer. available for deposit in the Fund pursuant to (2) SECRETARY OF STATE CONCURRENCE RE- ELIGIBLE FOREIGN COUNTRIES AND subsection (c)(1)(A), with the amount of the de- QUIRED FOR CERTAIN SALES OR TRANSFERS TO ENTITIES. posit to be attributable to amounts otherwise so FOREIGN COUNTRIES.—If the sale or transfer of (a) PROGRAM AUTHORIZED.—The Secretary of available for the YMQ–18A unmanned aerial ve- defense articles occurs in accordance with a Defense may carry out a program to repair, hicle, which has been cancelled. overhaul, or refurbish in-stock defense articles provision of law referred to in paragraph (1)(C) that does not otherwise require the concurrence SEC. 1249. PLAN FOR PROMOTING THE SECURITY in anticipation of the sale or transfer of such OF AFGHAN WOMEN AND GIRLS DUR- defense articles to eligible foreign countries or of the Secretary of State for the sale or transfer, ING THE SECURITY TRANSITION international organizations under law. the sale or transfer may be made only with the PROCESS. (b) FUND FOR SUPPORT OF PROGRAM AUTHOR- concurrence of the Secretary of State. (a) FINDINGS.—Congress makes the following IZED.—The Secretary of Defense may establish (f) TRANSFERS OF AMOUNTS.— findings: and administer a fund to be known as the ‘‘Spe- (1) TRANSFER TO OTHER DEPARTMENT OF DE- (1) According to the Department of Defense’s cial Defense Repair Fund’’ (in this section re- FENSE ACCOUNTS.—Amounts in the Fund may be April 2012 Report on Progress Toward Security ferred to as the ‘‘Fund’’) to support the program transferred to any Department of Defense ac- and Stability in Afghanistan: authorized by subsection (a). count used to carry out the program authorized (A) ‘‘U.S. and coalition forces will continue to (c) CREDITS TO FUND.— by subsection (a). Any amount so transferred degrade the Taliban-led insurgency in order to (1) IN GENERAL.—Subject to paragraphs (2) shall be merged with amounts in the account to provide time and space to increase the capacity and (3), the following shall be credited to the which transferred, and shall be available for the of the Afghan National Security Forces and the Fund: same purposes and the same time period as Afghan Government so they can assume full re- (A) Subject to applicable provisions of appro- amounts in the account to which transferred. sponsibility for Afghanistan’s security by the (2) TRANSFER FROM OTHER DEPARTMENT OF priations Acts, such amounts, not to exceed end of 2014.’’ $48,400,000 per fiscal year, from amounts au- DEFENSE ACCOUNTS.—Upon a determination by (B) ‘‘Transition to Afghan security lead began thorized to be appropriated for the Department the Secretary of Defense with respect to an in July 2011 and transition to full Afghan secu- of Defense for operation and maintenance for amount transferred under paragraph (1) that all rity responsibility will be complete country-wide the Army as the Secretary of Defense considers or part of such transfer is not necessary for the by the end of 2014.’’ appropriate. purposes transferred, such amount may be (C) ‘‘The security of the Afghan people and (B) Notwithstanding section 114(c) of title 10, transferred back to the Fund. Any amount so the stability of the government are used to judge United States Code, any collection from the sale transferred shall be merged with amounts in the provincial readiness to move to each successive or transfer of defense articles from Department Fund, and shall remain available until ex- stage of transition implementation.’’ of Defense stocks repaired, overhauled, or refur- pended. (D) For each area designated for transition, a (g) CERTAIN EXCESS PROCEEDS TO BE CRED- bished with amounts from the Fund that are not transition implementation plan is developed by ITED TO SPECIAL DEFENSE ACQUISITION FUND.— intended to be replaced which sale or transfer is the Government of Afghanistan, NATO, and Any collection from the sale or transfer of de- made pursuant to section 21(a)(1)(A) of the ISAF and approved by the Joint Afghan-NATO fense articles that are not intended to be re- Arms Export Control Act (22 U.S.C. Inteqal Board (JANIB). JANIB is also respon- placed in excess of the amount creditable to the 2761(a)(1)(A)), the Foreign Assistance Act of sible for recommending areas to enter and exit Fund under subsection (c)(2)(A) shall be cred- 1961 (22 U.S.C. 2151 et seq.), or another provi- the transition process. sion of law. ited to the Special Defense Acquisition Fund es- (2) According to a 2002 study on Women, (C) Notwithstanding section 37(a) of the Arms tablished pursuant to chapter 5 of the Arms Ex- Peace and Security submitted by the Secretary- Export Control Act (22 U.S.C. 2777(a)), any cash port Control Act (22 U.S.C. 2795 et seq.). General of the United Nations pursuant to Secu- (h) REPORTS.— payment from the sale or transfer of defense ar- rity Council resolution 1325 (2000), ‘‘the suspen- (1) ANNUAL REPORT.—Not later than 45 days ticles from Department of Defense stocks re- after the end of each fiscal year through the sion of or restriction on women’s enjoyment of paired, overhauled, or refurbished with amounts date of expiration specified in subsection (j), the their human rights’’ can act as an early-warn- from the Fund that are intended to be replaced. Secretary of Defense shall submit to the congres- ing indicator of impending or renewed conflict. (2) LIMITATION ON AMOUNTS CREDITABLE FROM sional defense committees a report on the au- In Afghanistan, restrictions on women’s mobil- SALE OR TRANSFER OF ARTICLES.— thorities under this section during such fiscal ity and rights can signal the presence of extrem- (A) CREDITS IN CONNECTION WITH ARTICLES year. Each report shall include, for the fiscal ist or insurgent elements in a community. NOT TO BE REPLACED.—The amount credited to year covered by such report, the following: (3) The security of Afghan women and girls in the Fund under paragraph (1)(B) in connection (A) The types and quantities of defense arti- areas undergoing security transitions will be an with a collection from the sale or transfer of de- cles repaired, overhauled, or refurbished under important gauge of the transition strategy’s suc- fense articles may not exceed the cost incurred the program authorized by subsection (a). cess. Indicators by which to measure women’s by the Department of Defense in repairing, over- (B) The value of the repair, overhaul, or re- security include the mobility of women and hauling, or refurbishing such defense articles furbishment performed under the program. girls, the participation of women in local gov- under the program authorized by subsection (a). (C) The amount of operation and maintenance ernment bodies, the rate of school attendance (B) CREDITS IN CONNECTION WITH ARTICLES TO funds credited to the Fund under subsection for girls, women’s access to government services, BE REPLACED.—The amount credited to the (c)(1)(A). and the prevalence of violence against women. Fund under paragraph (1)(C) in connection (D) The amount of any collections from the (4) Maintaining and improving physical secu- with a sale or transfer of defense articles may sale or transfer of defense articles repaired, rity for Afghan women and girls throughout the not exceed the amounts from the Fund used to overhauled, or refurbished under the program country is critical in order for women and girls repair, overhaul, or refurbish such defense arti- that was credited to the Fund under subsection to take advantage of opportunities in education, cles. (c)(1)(B). commerce, politics, and other areas of public (3) LIMITATION ON SIZE OF FUND.—The total (E) The amount of any cash payments from life, which in turn is essential for the future sta- amount in the Fund at any time may not exceed the sale or transfer of defense articles repaired, bility and prosperity of Afghanistan. $50,000,000. overhauled, or refurbished under the program (5) Women who serve as public officials at all (4) TREATMENT OF AMOUNTS CREDITED.— that was credited to the Fund under subsection levels of the Government of Afghanistan face se- Amounts credited to the Fund under this sub- (c)(1)(C). rious threats to their personal security and that section shall be merged with amounts in the (2) ASSESSMENT REPORT.—Not later than Feb- of their families. Many female officials have Fund, and shall remain available until ex- ruary 1, 2015, the Secretary of Defense shall been the victims of violent crimes, but they are pended. submit to the congressional defense committees a generally not afforded official protection by the (d) NONAVAILABILITY OF AMOUNTS IN FUND report on the operation of the authorities in this Government of Afghanistan or security forces. FOR STORAGE, MAINTENANCE, AND RELATED section. The report shall include an assessment (6) Protecting the security and human rights COSTS.—Following the repair, overhaul, or re- of the effectiveness of the authorities in meeting of Afghan women and girls requires the involve- furbishment of defense articles under the pro- the objectives of the program authorized by sub- ment of Afghan men and boys through edu- gram authorized by subsection (a), amounts in section (a). cation about the important benefits of women’s

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00121 Fmt 4624 Sfmt 6333 E:\CR\FM\A12DE6.041 S12DEPT1 tjames on DSK6SPTVN1PROD with S7874 CONGRESSIONAL RECORD — SENATE December 12, 2012 full participation in social, economic, and polit- agents of peace and stability will be central to havior toward female colleagues and members of ical life. Male officials and security personnel United States efforts to promote security, pre- the community; assessing the quality and con- can play a particularly important role in sup- vent, respond to, and resolve conflict, and re- sistency of this training across regional com- porting and protecting women and girls. build societies.’’ This policy applies to United mands; and assessing the impact of this training (7) The Chicago Summit Declaration issued by States Government efforts in Afghanistan, on trainee behavior. NATO in May 2012 states: ‘‘As the Afghan Na- where addressing the security vulnerabilities of (ii) Working with national and local ANA and tional Police further develop and profes- Afghan women and girls during the period of se- ANP leaders to develop and utilize enforcement sionalize, they will evolve towards a sustain- curity transition is an essential step toward and accountability mechanisms for ANA and able, credible, and accountable civilian law en- long-term stability. ANP personnel who violate codes of conduct re- forcement force that will shoulder the main re- (C) The Chicago Summit Declaration issued lated to the human rights of women and girls. sponsibility for domestic security. This force by NATO in May 2012 states: ‘‘We emphasize (iii) Working with Afghan and coalition part- should be capable of providing policing services the importance of full participation of all Af- ners to implement the above tools and develop to the Afghan population as part of the broader ghan women in the reconstruction, political, uniform methods and standards for training and Afghan rule of law system.’’ peace and reconciliation processes in Afghani- enforcement among coalition partners and (8) Women face significant barriers to full par- stan and the need to respect the institutional across regions. ticipation in the ANA and ANP, including a dis- arrangements protecting their rights. We remain (C) A plan to increase the number of female criminatory or hostile work environment and committed to the implementation of United Na- members of the ANA and ANP, including the the lack of separate facilities designed for fe- tions Security Council Resolution (UNSCR) 1325 following actions: male personnel. on women, peace and security. We recognize (i) Providing, through consultation with Af- (9) As of September 2012, female recruitment also the need for the protection of children from ghan partners, realistic and achievable objec- and retention rates for the Afghan National Se- the damaging effects of armed conflict as re- tives for the recruitment and retention of women curity Forces are far below published targets, as quired in relevant UNSCRs.’’ to the ANA and ANP by the end of the security follows: (12) The Strategic Partnership Agreement transition period in 2014. (A) Approximately 1,700 women serve in the signed between the United States and Afghani- (ii) Working with national and local ANA and Afghan National Security Forces, or less than stan by President Obama and President Karzai ANP leaders and coalition partners to address half of one percent of the total force. in June 2012 states, ‘‘Consistent with its Con- physical and cultural challenges to the recruit- (B) In 2010, President Hamid Karzai an- stitution and international obligations, Afghan- ment and retention of female ANA and ANP per- nounced plans to recruit and train 5,000 women istan shall ensure and advance the essential role sonnel, including through targeted recruitment in the Afghan National Police, or approximately of women in society, so that they may fully campaigns, expanded training and mentorship 3 percent of the force, by 2014. Currently, there enjoy their economic, social, political, civil and opportunities, parity in pay and promotion rates are approximately 1,370 women in the ANP, or cultural rights.’’ with male counterparts, and availability of fa- 0.87 percent of the police force. (b) PLAN TO PROMOTE SECURITY OF AFGHAN cilities for female personnel. (C) Approximately 350 women currently serve WOMEN.— (iii) Working with national and local ANA in the Afghan National Army, representing only (1) IN GENERAL.—Not later than 120 days after and ANP leaders to increase understanding 0.17 percent of the force. The Government of Af- the date of the enactment of this Act, the Sec- about the unique ways in which women mem- ghanistan has said that its goal is to achieve a retary of Defense, in concurrence with the Sec- bers of the security forces improve the force’s force that is 10 percent female. As of May 2012, retary of State, shall submit to the appropriate overall effectiveness. approximately 3 percent of new ANA recruits congressional committees a plan to promote the (iv) Working with national and local ANA were women. security of Afghan women during the security and ANP leaders to develop a plan for main- (10) Male security personnel often do not re- transition process. taining and increasing the recruitment and respond to threats or incidences of violence (2) ELEMENTS.—The plan required under tention of women in the ANA and ANP fol- against women, particularly at the local level. paragraph (1) shall include the following ele- lowing the completion of the security transition. (3) REPORT.—The Secretary of Defense shall They largely lack the training and under- ments: standing needed to respond appropriately and (A) A plan to monitor and respond to changes include in each report on progress toward secu- effectively to situations involving women. Ac- in women’s security conditions in areas under- rity and stability in Afghanistan that is sub- cording to the Department of Defense’s April going transition, including the following ac- mitted to Congress under sections 1230 and 1231 2012 Report on Progress Toward Security and tions: of the National Defense Authorization Act for Stability in Afghanistan: (i) Seeking to designate a Civilian Impact Ad- Fiscal Year 2008 (Public Law 110–181; 122 Stat. (A) The Afghan Ministry of Defense ‘‘lacks visor on the Joint Afghan-NATO Inteqal Board 385, 390) a section describing actions taken to the combination of policies, procedures, and exe- (JANIB) to assess the impact of transition on implement the plan required under this sub- cution to promote opportunity and fair and re- male and female civilians and ensure that ef- section. PPROPRIATE CONGRESSIONAL COMMITTEES spectful treatment of women in the force’’. forts to protect women’s rights and security are (c) A DEFINED.—In this section, the term ‘‘appro- (B) The Afghan Ministry of Interior ‘‘faces included in each area’s transition implementa- priate congressional committees’’ means— significant challenges in fully integrating and tion plan. (1) the Committee on Armed Services and the protecting women in the ANP workforce, espe- (ii) Reviewing existing indicators against Committee on Foreign Relations of the Senate; cially among operational units at the provincial which sex-disaggregated data is collected and, if and district levels’’. and necessary, developing additional indicators, to (2) the Committee on Armed Services and the (C) In the Afghan National Police, ‘‘Many ensure the availability of data that can be used Committee on Foreign Affairs of the House of Provincial Headquarters Commanders do not ac- to measure women’s security, such as— Representatives. cept policewomen, as they prefer male can- (I) the mobility of women and girls; didates and lack adequate facilities to support (II) the participation of women in local gov- SEC. 1250. SENSE OF CONGRESS ON THE ISRAELI IRON DOME DEFENSIVE WEAPON females.’’ ernment bodies; SYSTEM. (D) ‘‘While women are greatly needed to sup- (III) the rate of school attendance for girls; (a) FINDINGS.—Congress makes the following port police operations, a combination of cultural (IV) women’s access to government services; findings: impediments, weak recruitment, and uneven ap- and (1) The citizens of Israel have suffered under plication of policies hinder significant (V) the prevalence of violence against women; a continual barrage of missiles, rockets, and progress.’’ and incorporating those indicators into ongoing mortar shells from the Hamas-controlled Gaza (E) ‘‘Although stronger documentation, imple- efforts to assess overall security conditions dur- Strip. mentation, and enforcement of policies, proce- ing the transition period. (2) Hamas has been designated by the Sec- dures, and guidance to better integrate women (iii) Integrating assessments of women’s secu- retary of State as a Foreign Terrorist Organiza- will help, time will be needed to change the cul- rity into current procedures used to determine tion. tural mores that form the basis of many of the an area’s readiness to proceed through the tran- (3) Hamas and other terrorist groups in Gaza current impediments.’’ sition process. have routinely used human shields and (11) The United States, the North American (iv) Working with Afghan partners, coalition launched rockets from civilian areas. Treaty Organization, and United States coali- partners, and relevant United States Govern- (4) Israel has gone to extraordinary lengths to tion partners have made firm commitments to ment departments and agencies to take concrete avoid Palestinian civilian casualties, including support the human rights of the women and action to support women’s rights and security in aborting attacks on military targets because of girls of Afghanistan, as evidenced by the fol- cases of deterioration in women’s security condi- the presence of civilians, alerting civilians to lowing actions: tions during the transition period. leave areas of potential conflict, and allowing (A) According to the United States National (B) A plan to increase gender awareness and the importation of medical and other supplies Action Plan on Women, Peace and Security, responsiveness among Afghan National Army into Gaza. ‘‘integrating women and gender considerations and Afghan National Police personnel, includ- (5) Israel faces additional rocket and missile into peace-building processes helps promote ing the following actions: threats from Lebanon and Syria. democratic governance and long-term stability,’’ (i) Working with Afghan and coalition part- (6) The Government of Iran has supplied which are key United States strategic goals in ners to utilize training curricula and program- Hamas with advanced longer range missiles Afghanistan. ming that addresses the human rights of women such as the Fajar-5. (B) The National Action Plan also states that and girls, appropriate responses to threats (7) Hamas has deployed these weapons to be ‘‘the engagement and protection of women as against women and girls, and appropriate be- fired from within their own civilian population.

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(8) The Government of Israel, taking seriously the Treaty of Mutual Cooperation and Security (2) APPROPRIATE CONGRESSIONAL COMMIT- the threat of short range rockets and mortars, that ‘‘[e]ach Party recognizes that an armed at- TEES.—The term ‘‘appropriate congressional designed, developed, and produced the Iron tack against either Party in the territories under committees’’ has the meaning given that term in Dome system to address those threats. the administration of Japan would be dangerous section 14 of the Iran Sanctions Act of 1996 (9) The Iron Dome system has successfully to its own peace and safety and declares that it (Public Law 104–172; 50 U.S.C. 1701 note). intercepted hundreds of rockets targeting popu- would act to meet the common danger in accord- (3) COAL.—The term ‘‘coal’’ means metallur- lation centers in Israel. ance with its constitutional provisions and proc- gical coal, coking coal, or fuel coke. (10) The Iron Dome system has maintained a esses’’. (4) CORRESPONDENT ACCOUNT; PAYABLE- success rate of close to 90 percent. SEC. 1252. BILATERAL DEFENSE TRADE RELA- THROUGH ACCOUNT.—The terms ‘‘correspondent (11) The Government of Israel currently main- TIONSHIP WITH INDIA. account’’ and ‘‘payable-through account’’ have tains 5 Iron Dome batteries, a number insuffi- (a) REPORT.— the meanings given those terms in section 5318A cient to protect all of Israel. (1) IN GENERAL.—Not later than 180 days after of title 31, United States Code. (12) It appears that approximately 10 addi- the date of the enactment of this Act, the Sec- (5) FOREIGN FINANCIAL INSTITUTION.—The tional Iron Dome batteries are needed to protect retary of Defense shall submit to the congres- term ‘‘foreign financial institution’’ has the all of Israel. sional defense committees a report that articu- meaning of that term as determined by the Sec- (13) The United States Government, recog- lates the vision of the Department of Defense for retary of the Treasury pursuant to section 104(i) nizing the threat to Israeli citizens and desirous defense trade relations between the United of the Comprehensive Iran Sanctions, Account- of promoting peace, approved funding to assist States and India within the context of the over- ability, and Divestment Act of 2010 (22 U.S.C. the Government of Israel in procuring Iron all bilateral defense relationship. 8513(i)). Dome batteries. (2) CONTENT.—The report required under (6) IRANIAN FINANCIAL INSTITUTION.—The term (14) Israel maintains a significant inventory paragraph (1) shall include the following ele- ‘‘Iranian financial institution’’ has the meaning of Iron Dome interceptors which has been re- ments: given that term in section 104A(d) of the Com- duced due to attacks from Gaza. (A) A description of the Department’s ap- prehensive Iran Sanctions, Accountability, and (15) Israel used a significant number of preci- proach for normalizing defense trade. Divestment Act of 2010 (22 U.S.C. 8513b(d)). sion-guided munitions in order to destroy mili- (B) An assessment of the defense capabilities (7) IRANIAN PERSON.—The term ‘‘Iranian per- tary targets while minimizing civilian casualties that could enhance cooperation and coordina- son’’ means— in its recent defensive effort in Gaza. tion between the Governments of the United (A) an individual who is a citizen or national (16) President Barack Obama has expressed States and India on matters of shared security of Iran; and his intention to seek additional funding for Iron interests. (B) an entity organized under the laws of Dome and other United States-Israel missile de- (b) COMPREHENSIVE POLICY REVIEW.— Iran or otherwise subject to the jurisdiction of fense systems. (1) IN GENERAL.—The Secretary of Defense the Government of Iran. (b) SENSE OF CONGRESS.—Congress— shall lead a comprehensive policy review to ex- (8) KNOWINGLY.—The term ‘‘knowingly’’, with (1) reaffirms its commitment to the security of amine the feasibility of engaging in co-produc- respect to conduct, a circumstance, or a result, our ally and strategic partner, Israel; tion and co-development defense projects with means that a person has actual knowledge, or (2) fully supports Israel’s right to defend itself India. should have known, of the conduct, the cir- against acts of terrorism; (2) SCOPE.—The policy review should— cumstance, or the result. (3) sympathizes with the families of Israelis (A) examine the parameters and requirements (9) MEDICAL DEVICE.—The term ‘‘medical de- who have come under the indiscriminate rocket for United States-India cooperation as well as vice’’ has the meaning given the term ‘‘device’’ fire from Hamas-controlled Gaza; the terms and conditions India must fulfill to in section 201 of the Federal Food, Drug, and (4) recognizes the exceptional success of the broach such cooperation; and Cosmetic Act (21 U.S.C. 321). Iron Dome Missile Defense system in defending (B) consider potential areas of cooperation, (10) MEDICINE.—The term ‘‘medicine’’ has the the population of Israel; including the possibility of co-producing a meaning given the term ‘‘drug’’ in section 201 of (5) desires to help ensure that Israel has the training aircraft and co-developing counter-IED the Federal Food, Drug, and Cosmetic Act (21 means to defend itself against terrorist attacks, technology or individual soldier capabilities. U.S.C. 321). including through the acquisition of additional (c) SENSE OF CONGRESS ON INTERNATIONAL INI- (11) SHIPPING.—The term ‘‘shipping’’ refers to Iron Dome batteries and interceptors; and TIATIVES.—It is the sense of Congress that the the transportation of goods by a vessel and re- (6) urges the Departments of Defense and Department of Defense, in coordination with the lated activities. State to explore with their Israeli counterparts Department State, should— (12) UNITED STATES PERSON.—The term and alert Congress of any needs the Israeli De- (1) conduct a review of all United States– ‘‘United States person’’ has the meaning given fense Force may have for additional Iron Dome India bilateral working groups dealing with that term in section 101 of the Comprehensive batteries, interceptors, or other equipment de- high technology transfers, including technology Iran Sanctions, Accountability, and Divestment pleted during the current conflict. security and licensing for dual-use and muni- Act of 2010 (22 U.S.C. 8511). SEC. 1251. SENSE OF THE SENATE ON THE SITUA- tions licenses, and determine the feasibility of (13) VESSEL.—The term ‘‘vessel’’ has the TION IN THE SENKAKU ISLANDS. establishing a single United States Government meaning given that term in section 3 of title 1, It is the sense of the Senate that— working group dedicated to strategic technology United States Code. (1) the East China Sea is a vital part of the trade; (b) DETERMINATIONS OF SIGNIFICANCE.—For maritime commons of Asia, including critical sea (2) engage counterparts in the Government of purposes of this subtitle, in determining if fi- lanes of communication and commerce that ben- India in an intensified dialogue on the current nancial transactions or financial services are efit all nations of the Asia-Pacific region; challenges related to the compatibility of the significant, the President may consider the to- (2) the peaceful settlement of territorial and Foreign Military Sales and direct commercial tality of the facts and circumstances, including jurisdictional disputes in the East China Sea re- sales programs with the Indian Defense Pro- factors similar to the factors set forth in section quires the exercise of self-restraint by all parties curement Procedure (DPP), and steps to improve 561.404 of title 31, Code of Federal Regulations in the conduct of activities that would com- compatibility; (or any corresponding similar regulation or rul- plicate or escalate disputes and destabilize the (3) engage counterparts in the Government of ing). region, and differences should be handled in a India in a dialogue about the elements of an ef- SEC. 1263. DECLARATION OF POLICY ON HUMAN constructive manner consistent with universally fective defense industrial base, including per- RIGHTS. recognized principles of customary international sonnel training, quality assurance, and manu- (a) FINDING.—Congress finds that the interests law; facturing procedures; of the United States and international peace are (3) while the United States takes no position (4) consider the establishment of orientation threatened by the ongoing and destabilizing ac- on the ultimate sovereignty of the Senkaku is- programs for new defense officials in the Gov- tions of the Government of Iran, including its lands, the United States acknowledges the ad- ernment of India about the procedures for massive, systematic, and extraordinary viola- ministration of Japan over the Senkaku Islands; United States defense sales, including licensing tions of the human rights of its own citizens. (4) The unilateral action of a third party will processes; and (b) DECLARATION OF POLICY.—It shall be the not affect the United States’ acknowledgment of (5) continue and deepen ongoing efforts to as- policy of the United States— the administration of Japan over the Senkaku sist the Government of India in developing its (1) to deny the Government of Iran the ability Islands; defense acquisition expertise by assisting with to continue to oppress the people of Iran and to (5) the United States has national interests in the development of training institutions and use violence and executions against pro-democ- freedom of navigation, the maintenance of peace human capital. racy protestors and regime opponents; and stability, respect for international law, and (2) to fully and publicly support efforts made unimpeded lawful commerce; Subtitle E—Iran Sanctions by the people of Iran to promote the establish- (6) the United States supports a collaborative SEC. 1261. SHORT TITLE. ment of basic freedoms that build the founda- diplomatic process by claimants to resolve terri- This subtitle may be cited as the ‘‘Iran Free- tion for the emergence of a freely elected, open, torial disputes without coercion, and opposes ef- dom and Counter-Proliferation Act of 2012’’. and democratic political system; forts at coercion, the threat of use of force, or SEC. 1262. DEFINITIONS. (3) to help the people of Iran produce, access, use of force by any claimant in seeking to re- (a) IN GENERAL.—In this subtitle: and share information freely and safely via the solve sovereignty and territorial issues in the (1) AGRICULTURAL COMMODITY.—The term Internet and through other media; and East China Sea; and ‘‘agricultural commodity’’ has the meaning (4) to defeat all attempts by the Government of (7) the United States reaffirms its commitment given that term in section 102 of the Agricul- Iran to jam or otherwise obstruct international to the Government of Japan under Article V of tural Trade Act of 1978 (7 U.S.C. 5602). satellite broadcast signals.

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00123 Fmt 4624 Sfmt 6333 E:\CR\FM\A12DE6.041 S12DEPT1 tjames on DSK6SPTVN1PROD with S7876 CONGRESSIONAL RECORD — SENATE December 12, 2012 SEC. 1264. IMPOSITION OF SANCTIONS WITH RE- sons maintained by the Office of Foreign Assets leum or petroleum products from Iran to a coun- SPECT TO THE ENERGY, SHIPPING, Control of the Department of the Treasury try to which the exception under section AND SHIPBUILDING SECTORS OF (other than an Iranian financial institution de- 1245(d)(4)(D)(i) of the National Defense Author- IRAN. scribed in paragraph (3)). ization Act for Fiscal Year 2012 (22 U.S.C. (a) FINDINGS.—Congress makes the following (3) IRANIAN FINANCIAL INSTITUTIONS DE- 8513a(d)(4)(D)(i)) applies at the time of the ex- findings: SCRIBED.—An Iranian financial institution de- portation of the petroleum or petroleum prod- (1) Iran’s energy, shipping, and shipbuilding scribed in this paragraph is an Iranian finan- ucts. sectors and Iran’s ports are facilitating the Gov- cial institution that has not been designated for (B) FINANCIAL TRANSACTIONS.— ernment of Iran’s nuclear proliferation activities the imposition of sanctions in connection with— (i) IN GENERAL.—This section shall not apply by providing revenue to support proliferation (A) Iran’s proliferation of weapons of mass with respect to a financial transaction described activities. destruction or delivery systems for weapons of in clause (ii) conducted or facilitated by a for- (2) The United Nations Security Council and mass destruction; eign financial institution if, at the time of the the United States Government have expressed (B) Iran’s support for international terrorism; transaction, the exception under section concern about the proliferation risks presented or 1245(d)(4)(D)(i) of the National Defense Author- by the Iranian nuclear program. (C) Iran’s abuses of human rights. ization Act for Fiscal Year 2012 (22 U.S.C. (3) The Director General of the International (d) ADDITIONAL SANCTIONS WITH RESPECT TO 8513a(d)(4)(D)(i)) applies to the country with Atomic Energy Agency (in this section referred THE ENERGY, SHIPPING, AND SHIPBUILDING SEC- primary jurisdiction over the foreign financial to as the ‘‘IAEA’’) has in successive reports TORS OF IRAN.— institution. (GOV/2012/37 and GOV/2011/65) identified pos- (1) SALE, SUPPLY, OR TRANSFER OF CERTAIN (ii) FINANCIAL TRANSACTIONS DESCRIBED.—A sible military dimensions of Iran’s nuclear pro- GOODS AND SERVICES.—Except as provided in financial transaction conducted or facilitated by gram. this section, the President shall impose 5 or more a foreign financial institution is described in (4) The Government of Iran continues to defy of the sanctions described in section 6(a) of the this clause if— the requirements and obligations contained in Iran Sanctions Act of 1996 (Public Law 104–172; (I) the financial transaction is for the pur- relevant IAEA Board of Governors and United 50 U.S.C. 1701 note) (other than sanctions relat- chase of purchase of petroleum or petroleum Nations Security Council resolutions, including ing to the importation of property under para- products from Iran; by continuing and expanding uranium enrich- graph (8)(A) or (12) of such section) with respect (II) the financial transaction is only for trade ment activities in Iran, as reported in IAEA Re- to a person if the President determines that the in goods or services— port GOV/2012/37. person knowingly, on or after the date that is 90 (aa) not otherwise subject to sanctions under (5) United Nations Security Council Resolu- days after the date of the enactment of this Act, the law of the United States; and tion 1929 (2010) recognizes the ‘‘potential con- sells, supplies, or transfers to or from Iran sig- (bb) between the country with primary juris- nection between Iran’s revenues derived from its nificant goods or services described in para- diction over the foreign financial institution energy sector and the funding of Iran’s pro- graph (3). and Iran; and liferation sensitive nuclear activities’’. (2) FACILITATION OF CERTAIN TRANSACTIONS.— (III) any funds owed to Iran as a result of (6) The National Iranian Tanker Company is Except as provided in this section, the President such trade are credited to an account located in the main carrier for the Iranian Revolutionary shall prohibit the opening, and prohibit or im- the country with primary jurisdiction over the Guard Corps-designated National Iranian Oil pose strict conditions on the maintaining, in the foreign financial institution. Company and a key element in the petroleum United States of a correspondent account or a (g) APPLICABILITY OF SANCTIONS TO NATURAL supply chain responsible for generating energy payable-through account by a foreign financial GAS.— revenues that support the illicit nuclear pro- institution that the President determines know- (1) SALE, SUPPLY, OR TRANSFER.—Except as liferation activities of the Government of Iran. ingly, on or after the date that is 90 days after provided in paragraph (2), this section shall not (b) DESIGNATION OF PORTS AND ENTITIES IN the date of the enactment of this Act, conducts apply to the sale, supply, or transfer to or from THE ENERGY, SHIPPING, AND SHIPBUILDING SEC- or facilitates a significant financial transaction Iran of natural gas. TORS OF IRAN AS ENTITIES OF PROLIFERATION for the sale, supply, or transfer to or from Iran (2) FINANCIAL TRANSACTIONS.—This section CONCERN.—Entities that operate ports in Iran of goods or services described in paragraph (3). shall apply to a foreign financial institution and entities in the energy, shipping, and ship- (3) GOODS AND SERVICES DESCRIBED.—Goods or that conducts or facilitates a financial trans- building sectors of Iran, including the National services described in this paragraph are goods or action for the sale, supply, or transfer to or from Iranian Oil Company, the National Iranian services used in connection with the energy, Iran of natural gas unless— Tanker Company, the Islamic Republic of Iran shipping, or shipbuilding sectors of Iran, includ- (A) the financial transaction is only for trade Shipping Lines, and their affiliates, play an iming the National Iranian Oil Company, the Na- in goods or services— portant role in Iran’s nuclear proliferation ef- tional Iranian Tanker Company, and the Is- (i) not otherwise subject to sanctions under forts and all such entities are hereby designated lamic Republic of Iran Shipping Lines. the law of the United States; and as entities of proliferation concern. (4) APPLICATION OF CERTAIN PROVISIONS OF (ii) between the country with primary juris- (c) BLOCKING OF PROPERTY OF ENTITIES IN IRAN SANCTIONS ACT OF 1996.—The following pro- diction over the foreign financial institution ENERGY, SHIPPING, AND SHIPBUILDING SEC- visions of the Iran Sanctions Act of 1996 (Public and Iran; and TORS.— Law 104–172; 50 U.S.C. 1701 note) shall apply (B) any funds owed to Iran as a result of such (1) BLOCKING OF PROPERTY.— with respect to the imposition of sanctions trade are credited to an account located in the (A) IN GENERAL.—On and after the date that under paragraph (1) to the same extent that country with primary jurisdiction over the for- is 90 days after the date of the enactment of this such provisions apply with respect to the impo- eign financial institution. Act, the President shall block and prohibit all sition of sanctions under section 5(a) of that (h) WAIVER.— transactions in all property and interests in Act: (1) IN GENERAL.—The President may waive the property of any person described in paragraph (A) Subsections (c), (d), and (f) of section 5 imposition of sanctions under this section for a (2) if such property and interests in property are (except for paragraphs (3) and (4)(C) of such period of not more than 120 days, and may in the United States, come within the United subsection (f)). renew that waiver for additional periods of not States, or are or come within the possession or (B) Sections 8, 11, and 12. more than 120 days, if the President— control of a United States person. (e) HUMANITARIAN EXCEPTION.—The President (A) determines that such a waiver is vital to (B) EXCEPTION.—The authority to block and may not impose sanctions under this section the national security of the United States; and prohibit all transactions in all property and in- with respect to any person for conducting or fa- (B) submits to the appropriate congressional terests in property under subparagraph (A) does cilitating a transaction for the sale of agricul- committees a report providing a justification for not include the authority to impose sanctions on tural commodities, food, medicine, or medical the waiver. the importation of property. devices to Iran or for the provision of humani- (2) FORM OF REPORT.—Each report submitted (2) PERSONS DESCRIBED.—A person is described tarian assistance to the people of Iran. under paragraph (1)(B) shall be submitted in in this paragraph if the President determines (f) APPLICABILITY OF SANCTIONS TO PETRO- unclassified form, but may include a classified that the person, on or after the date that is 90 LEUM AND PETROLEUM PRODUCTS.— annex. days after the date of the enactment of this (1) IN GENERAL.—Except as provided in para- SEC. 1265. IMPOSITION OF SANCTIONS WITH RE- Act— graph (2), this section shall apply with respect SPECT TO THE SALE, SUPPLY, OR (A) is part of the energy, shipping, or ship- to the purchase of petroleum or petroleum prod- TRANSFER OF CERTAIN MATERIALS building sectors of Iran; ucts from Iran only if, at the time of the pur- TO OR FROM IRAN. (B) operates a port in Iran; or chase, a determination of the President under (a) SALE, SUPPLY, OR TRANSFER OF CERTAIN (C) knowingly provides significant financial, section 1245(d)(4)(B) of the National Defense MATERIALS.—The President shall impose 5 or material, technological, or other support to, or Authorization Act for Fiscal Year 2012 (22 more of the sanctions described in section 6(a) of goods or services in support of any activity or U.S.C. 8513a(d)(4)(B)) that the price and supply the Iran Sanctions Act of 1996 (Public Law 104– transaction on behalf of or for the benefit of— of petroleum and petroleum products produced 172; 50 U.S.C. 1701 note) (other than sanctions (i) a person determined under subparagraph in countries other than Iran is sufficient to per- relating to the importation of property under (A) to be a part of the energy, shipping, or ship- mit purchasers of petroleum and petroleum paragraph (8)(A) or (12) of such section) with building sectors of Iran; products from Iran to reduce significantly their respect to a person if the President determines (ii) a person determined under subparagraph purchases from Iran is in effect. that the person knowingly, on or after the date (B) to operate a port in Iran; or (2) EXCEPTION FOR CERTAIN COUNTRIES.— that is 90 days after the date of the enactment (iii) an Iranian person included on the list of (A) EXPORTATION.—This section shall not of this Act, sells, supplies, or transfers, directly specially designated nationals and blocked per- apply with respect to the exportation of petro- or indirectly, to or from Iran—

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(1) a precious metal; (2) FORM OF REPORT.—Each report submitted termines that the person has exercised due dili- (2) a material described in subsection (c) de- under paragraph (1)(B) shall be submitted in gence in establishing and enforcing official poli- termined pursuant to subsection (d)(1) to be unclassified form, but may include a classified cies, procedures, and controls to ensure that the used by Iran as described in that subsection; annex. person does not underwrite or enter into a con- (3) any other material described in subsection (g) NATIONAL BALANCE SHEET OF IRAN DE- tract to provide insurance or reinsurance for an (c) if— FINED.—For purposes of this section, the term activity described in paragraph (1) of that sub- (A) the material is— ‘‘national balance sheet of Iran’’ refers to the section or to or for any person described in (i) to be used in connection with the energy, ratio of the assets of the Government of Iran to paragraph (3) or subparagraph (A) or (B) of shipping, or shipbuilding sectors of Iran or any the liabilities of that Government. paragraph (2) of that subsection. sector of the economy of Iran controlled directly SEC. 1266. IMPOSITION OF SANCTIONS WITH RE- (e) WAIVER.— or indirectly by Iran’s Revolutionary Guard SPECT TO THE PROVISION OF UN- (1) IN GENERAL.—The President may waive the Corps; DERWRITING SERVICES OR INSUR- imposition of sanctions under subsection (a) for (ii) sold, supplied, or transferred to or from an ANCE OR REINSURANCE FOR ACTIVI- a period of not more than 120 days, and may Iranian person included on the list of specially TIES OR PERSONS WITH RESPECT TO renew that waiver for additional periods of not designated nationals and blocked persons main- WHICH SANCTIONS HAVE BEEN IM- more than 120 days, if the President— tained by the Office of Foreign Assets Control of POSED. (A) determines that such a waiver is vital to the Department of the Treasury; or (a) IN GENERAL.—Except as provided in sub- the national security of the United States; and (iii) relevant to the nuclear, military, or bal- section (b), the President shall impose 5 or more (B) submits to the appropriate congressional listic missile programs of Iran; or of the sanctions described in section 6(a) of the committees a report providing a justification for (B) the material is resold, retransferred, or Iran Sanctions Act of 1996 (Public Law 104–172; the waiver. otherwise supplied— 50 U.S.C. 1701 note) (other than sanctions relat- (2) FORM OF REPORT.—Each report submitted (i) to an end-user in a sector described in ing to the importation of property under para- under paragraph (1)(B) shall be submitted in clause (i) of subparagraph (A); graph (8)(A) or (12) of such section) with respect unclassified form, but may include a classified (ii) to a person described in clause (ii) of that to a person if the President determines that the annex. subparagraph; or person knowingly, on or after the date that is 90 (f) APPLICATION OF CERTAIN PROVISIONS OF (iii) for a program described in clause (iii) of days after the date of the enactment of this Act, IRAN SANCTIONS ACT OF 1996.—The following that subparagraph. provides underwriting services or insurance or provisions of the Iran Sanctions Act of 1996 (b) FACILITATION OF CERTAIN TRANS- reinsurance— (Public Law 104–172; 50 U.S.C. 1701 note) shall ACTIONS.—The President shall prohibit the (1) for any activity with respect to Iran for apply with respect to the imposition of sanctions opening, and prohibit or impose strict conditions which sanctions have been imposed under this under subsection (a) to the same extent that on the maintaining, in the United States of a subtitle, the International Emergency Economic such provisions apply with respect to the impo- correspondent account or a payable-through ac- Powers Act (50 U.S.C. 1701 et seq.), the Iran sition of sanctions under section 5(a) of that count by a foreign financial institution that the Sanctions Act of 1996, the Comprehensive Iran Act: President determines knowingly, on or after the Sanctions, Accountability, and Divestment Act (1) Subsections (c), (d), and (f) of section 5 date that is 90 days after the date of the enact- of 2010 (22 U.S.C. 8501 et seq.), the Iran Threat (except for paragraphs (3) and (4)(C) of such ment of this Act, conducts or facilitates a sig- Reduction and Syria Human Rights Act of 2012 subsection (f)). nificant financial transaction for the sale, sup- (22 U.S.C. 8701 et seq.), the Iran, North Korea, (2) Sections 8, 11, and 12. ply, or transfer to or from Iran of materials the and Syria Nonproliferation Act (Public Law SEC. 1267. IMPOSITION OF SANCTIONS WITH RE- sale, supply, or transfer of which would subject 106–178; 50 U.S.C. 1701 note), or any other provi- SPECT TO FOREIGN FINANCIAL IN- a person to sanctions under subsection (a). sion of law relating to the imposition of sanc- STITUTIONS THAT FACILITATE FI- (c) MATERIALS DESCRIBED.—Materials de- tions with respect to Iran; NANCIAL TRANSACTIONS ON BE- scribed in this subsection are graphite, raw or HALF OF SPECIALLY DESIGNATED (2) to or for any person— NATIONALS. semi-finished metals such as aluminum and (A) with respect to, or for the benefit of any (a) IN GENERAL.—Except as provided in this steel, coal, and software for integrating indus- activity in the energy, shipping, or shipbuilding trial processes. section, the President shall prohibit the open- sectors of Iran for which sanctions are imposed ing, and prohibit or impose strict conditions on (d) DETERMINATION WITH RESPECT TO USE OF under this subtitle; MATERIALS.—Not later than 90 days after the the maintaining, in the United States of a cor- (B) for the sale, supply, or transfer to or from respondent account or a payable-through ac- date of the enactment of this Act, and every 90 Iran of materials described in section 1255(c); or days thereafter, the President shall submit to count by a foreign financial institution that the (C) designated for the imposition of sanctions President determines has, on or after the date the appropriate congressional committees and pursuant to the International Emergency Eco- publish in the Federal Register a report that that is 90 days after the date of the enactment nomic Powers Act (50 U.S.C. 1701 et seq.) in con- of this Act, knowingly facilitated a significant contains the determination of the President with nection with— respect to— financial transaction on behalf of any Iranian (i) Iran’s proliferation of weapons of mass de- person included on the list of specially des- (1) whether Iran is— struction or delivery systems for weapons of (A) using any of the materials described in ignated nationals and blocked persons main- mass destruction; or subsection (c) as a medium for barter, swap, or tained by the Office of Foreign Assets Control of (ii) Iran’s support for international terrorism; any other exchange or transaction; or the Department of the Treasury (other than an or (B) listing any of such materials as assets of Iranian financial institution described in sub- (3) to or for any Iranian person included on the Government of Iran for purposes of the na- section (b)). the list of specially designated nationals and tional balance sheet of Iran; (b) IRANIAN FINANCIAL INSTITUTIONS DE- (2) which sectors of the economy of Iran are blocked persons maintained by the Office of SCRIBED.—An Iranian financial institution de- controlled directly or indirectly by Iran’s Revo- Foreign Assets Control of the Department of the scribed in this subsection is an Iranian financial lutionary Guard Corps; and Treasury (other than an Iranian financial insti- institution that has not been designated for the (3) which of the materials described in sub- tution described in subsection (b)). imposition of sanctions in connection with— section (c) are relevant to the nuclear, military, (b) IRANIAN FINANCIAL INSTITUTIONS DE- (1) Iran’s proliferation of weapons of mass de- or ballistic missile programs of Iran. SCRIBED.—An Iranian financial institution destruction or delivery systems for weapons of (e) EXCEPTION FOR PERSONS EXERCISING DUE scribed in this subsection is an Iranian financial mass destruction; DILIGENCE.—The President may not impose institution that has not been designated for the (2) Iran’s support for international terrorism; sanctions under subsection (a) or (b) with re- imposition of sanctions in connection with— or spect to a person if the President determines (1) Iran’s proliferation of weapons of mass de- (3) Iran’s abuses of human rights. that the person has exercised due diligence in struction or delivery systems for weapons of (c) HUMANITARIAN EXCEPTION.—The President establishing and enforcing official policies, pro- mass destruction; may not impose sanctions under subsection (a) cedures, and controls to ensure that the person (2) Iran’s support for international terrorism; with respect to any person for conducting or fa- does not sell, supply, or transfer to or from Iran or cilitating a transaction for the sale of agricul- materials the sale, supply, or transfer of which (3) Iran’s abuses of human rights. tural commodities, food, medicine, or medical would subject a person to sanctions under sub- (c) HUMANITARIAN EXCEPTION.—The President devices to Iran or for the provision of humani- section (a) or conduct or facilitate a financial may not impose sanctions under subsection (a) tarian assistance to the people of Iran. transaction for such a sale, supply, or transfer. for the provision of underwriting services or in- (d) APPLICABILITY OF SANCTIONS TO PETRO- (f) WAIVER.— surance or reinsurance for a transaction for the LEUM AND PETROLEUM PRODUCTS.— (1) IN GENERAL.—The President may waive the sale of agricultural commodities, food, medicine, (1) IN GENERAL.—Except as provided in para- imposition of sanctions under this section for a or medical devices to Iran or for the provision of graph (2), subsection (a) shall apply with re- period of not more than 120 days, and may humanitarian assistance to the people of Iran. spect to a financial transaction for the purchase renew that waiver for additional periods of not (d) EXCEPTION FOR UNDERWRITERS AND INSUR- of petroleum or petroleum products from Iran more than 120 days, if the President— ANCE PROVIDERS EXERCISING DUE DILIGENCE.— only if, at the time of the transaction, a deter- (A) determines that such a waiver is vital to The President may not impose sanctions under mination of the President under section the national security of the United States; and paragraph (1) or (3) or subparagraph (A) or (B) 1245(d)(4)(B) of the National Defense Authoriza- (B) submits to the appropriate congressional of paragraph (2) of subsection (a) with respect tion Act for Fiscal Year 2012 (22 U.S.C. committees a report providing a justification for to a person that provides underwriting services 8513a(d)(4)(B)) that the price and supply of pe- the waiver. or insurance or reinsurance if the President de- troleum and petroleum products produced in

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00125 Fmt 4624 Sfmt 6333 E:\CR\FM\A12DE6.041 S12DEPT1 tjames on DSK6SPTVN1PROD with S7878 CONGRESSIONAL RECORD — SENATE December 12, 2012 countries other than Iran is sufficient to permit sponsible for ordering, controlling, or otherwise (2) in subsection (b), by striking ‘‘4-year pe- purchasers of petroleum and petroleum products directing, the commission of serious human riod’’ and inserting ‘‘10-year period’’. from Iran to reduce significantly their pur- rights abuses against citizens of Iran or their (b) EFFECTIVE DATE.—The amendments made chases from Iran is in effect. family members submitted under section 105 of by this section shall apply to— (2) EXCEPTION FOR CERTAIN COUNTRIES.— the Comprehensive Iran Sanctions, Account- (1) proceedings under section 2333 of title 18, (A) IN GENERAL.—Subsection (a) shall not ability, and Divestment Act of 2010 (22 U.S.C. United States Code, pending in any form on the apply with respect to a financial transaction de- 8514) after the date of the enactment of this Act. date of the enactment of this Act; scribed in subparagraph (B) conducted or facili- SEC. 1269. IMPOSITION OF SANCTIONS WITH RE- (2) proceedings under such section commenced tated by a foreign financial institution for if, at SPECT TO PERSONS ENGAGED IN on or after the date of the enactment of this Act; the time of the transaction, the exception under THE DIVERSION OF GOODS IN- and section 1245(d)(4)(D)(i) of the National Defense TENDED FOR THE PEOPLE OF IRAN. (3) any civil action brought for recovery of Authorization Act for Fiscal Year 2012 (22 (a) IN GENERAL.—Title I of the Comprehensive damages under such section resulting from acts U.S.C. 8513a(d)(4)(D)(i)) applies to the country Iran Sanctions, Accountability, and Divestment of international terrorism that occurred more with primary jurisdiction over the foreign finan- Act of 2010 (22 U.S.C. 8511 et seq.) is amended by than 10 years before the date of the enactment cial institution. inserting after section 105B the following: of this Act, provided that the action is filed not (B) FINANCIAL TRANSACTIONS DESCRIBED.—A ‘‘SEC. 105C. IMPOSITION OF SANCTIONS WITH RE- later than 6 years after the date of the enact- financial transaction conducted or facilitated by SPECT TO PERSONS ENGAGED IN ment of this Act. THE DIVERSION OF GOODS IN- a foreign financial institution is described in SEC. 1272. REPORT ON USE OF CERTAIN IRANIAN TENDED FOR THE PEOPLE OF IRAN. this subparagraph if— SEAPORTS BY FOREIGN VESSELS (i) the financial transaction is for the pur- ‘‘(a) IN GENERAL.—The President shall impose AND USE OF FOREIGN AIRPORTS BY chase of purchase of petroleum or petroleum sanctions described in section 105(c) (other than SANCTIONED IRANIAN AIR CAR- products from Iran; sanctions relating to the importation of property RIERS. (ii) the financial transaction is only for trade under such section) with respect to each person (a) IN GENERAL.—Not later than 180 days in goods or services— on the list required by subsection (b). after the date of the enactment of this Act, and (I) not otherwise subject to sanctions under ‘‘(b) LIST OF PERSONS WHO ENGAGE IN DIVER- annually thereafter, the President shall submit the law of the United States; and SION.— to the appropriate congressional committees a (II) between the country with primary juris- ‘‘(1) IN GENERAL.—As relevant information be- report that contains— diction over the foreign financial institution comes available, the President shall submit to (1) a list of vessels that have entered seaports and Iran; and the appropriate congressional committees a list in Iran controlled by the Tidewater Middle East (iii) any funds owed to Iran as a result of of persons that the President determines have, Company during the period specified in sub- such trade are credited to an account located in on or after such date of enactment, engaged in section (b) and the owners and operators of the country with primary jurisdiction over the corruption or other activities relating to— those vessels; and foreign financial institution. ‘‘(A) the diversion of goods, including agricul- (2) a list of all airports at which aircraft (e) APPLICABILITY OF SANCTIONS TO NATURAL tural commodities, food, medicine, and medical owned or controlled by an Iranian air carrier on GAS.—Subsection (a) shall apply to a foreign fi- devices, intended for the people of Iran; or which sanctions have been imposed by the nancial institution that conducts or facilitates a ‘‘(B) the misappropriation of proceeds from United States have landed during the period financial transaction for the sale, supply, or the sale or resale of such goods. specified in subsection (b). ‘‘(2) FORM OF REPORT; PUBLIC AVAILABILITY.— transfer to or from Iran of natural gas unless— (b) PERIOD SPECIFIED.—The period specified ‘‘(A) FORM.—The list required by paragraph (1) the financial transaction is only for trade in this subsection is— (1) shall be submitted in unclassified form but in goods or services— (1) in the case of the first report submitted may contain a classified annex. (A) not otherwise subject to sanctions under under subsection (a), the 180-day period pre- ‘‘(B) PUBLIC AVAILABILITY.—The unclassified the law of the United States; and ceding the submission of the report; and portion of the list required by paragraph (1) (B) between the country with primary juris- (2) in the case of any subsequent report sub- shall be made available to the public and posted diction over the foreign financial institution mitted under that subsection, the year preceding on the websites of the Department of the Treas- and Iran; and the submission of the report. ury and the Department of State.’’. (2) any funds owed to Iran as a result of such (c) FORM OF REPORT.—Each report required (b) WAIVER.—Section 401(b)(1) of the Com- trade are credited to an account located in the by subsection (a) shall be submitted in unclassi- prehensive Iran Sanctions, Accountability, and country with primary jurisdiction over the for- fied form, but may include a classified annex. Divestment Act of 2010 (22 U.S.C. 8551(b)(1)) is eign financial institution. amended— SEC. 1273. IMPLEMENTATION; PENALTIES. (f) WAIVER.— (1) by striking ‘‘or 105B(a)’’ and inserting (a) IMPLEMENTATION.—The President may ex- (1) IN GENERAL.—The President may waive the ‘‘105B(a), or 105C(a)’’; and ercise all authorities provided under sections 203 imposition of sanctions under subsection (a) for (2) by striking ‘‘or 105B(b)’’ and inserting and 205 of the International Emergency Eco- a period of not more than 120 days, and may ‘‘105B(b), or 105C(b)’’. nomic Powers Act (50 U.S.C. 1702 and 1704) to renew that waiver for additional periods of not (c) CLERICAL AMENDMENT.—The table of con- carry out this subtitle. more than 120 days, if the President— tents for the Comprehensive Iran Sanctions, Ac- (b) PENALTIES.—The penalties provided for in (A) determines that such a waiver is vital to countability, and Divestment Act of 2010 is subsections (b) and (c) of section 206 of the the national security of the United States; and amended by inserting after the item relating to International Emergency Economic Powers Act (B) submits to the appropriate congressional section 105B the following: (50 U.S. C. 1705) shall apply to a person that committees a report providing a justification for ‘‘Sec. 105C. Imposition of sanctions with respect violates, attempts to violate, conspires to violate, the waiver. to persons engaged in the diver- or causes a violation of this subtitle or regula- (2) FORM OF REPORT.—Each report submitted sion of goods intended for the tions prescribed under this subtitle to the same under paragraph (1)(B) shall be submitted in people of Iran.’’. extent that such penalties apply to a person unclassified form, but may include a classified that commits an unlawful act described in sec- annex. SEC. 1270. WAIVER REQUIREMENT RELATED TO EXCEPTIONAL CIRCUMSTANCES tion 206(a) of that Act. SEC. 1268. INCLUSION OF THE ISLAMIC REPUBLIC PREVENTING SIGNIFICANT REDUC- SEC. 1274. APPLICABILITY TO CERTAIN NATURAL OF IRAN BROADCASTING ON THE TIONS IN CRUDE OIL PURCHASES. GAS PROJECTS. LIST OF HUMAN RIGHTS ABUSERS. Section 1245(d)(5)(B) of the National Defense Nothing in this subtitle or the amendments (a) FINDINGS.—Congress makes the following Authorization Act for Fiscal Year 2012 (22 made by this subtitle shall apply with respect to findings: U.S.C. 8513a(d)(5)(B)) is amended— any activity relating to a project described in (1) The Islamic Republic of Iran Broadcasting (1) in clause (i), by striking ‘‘; and’’ and in- subsection (a) of section 603 of the Iran Threat has contributed to the infringement of individ- serting a semicolon; Reduction and Syria Human Rights Act of 2012 uals’ human rights by broadcasting forced tele- (2) by redesignating clause (ii) as clause (iii); (22 U.S.C. 8783) to which the exception under vised confession and show trials. and that section applies at the time of the activity. (2) In March 2012, the European Council im- (3) by inserting after clause (i) the following SEC. 1275. RULE OF CONSTRUCTION. posed sanctions on the President of the Islamic new clause: Nothing in this subtitle or the amendments Republic of Iran Broadcasting, Ezzatollah ‘‘(ii) certifying that the country with primary made by this subtitle shall be construed to limit Zargami, for broadcasting forced confessions of jurisdiction over the foreign financial institu- sanctions imposed with respect to Iran under detainees and a series of ‘‘show trials’’ in Au- tion otherwise subject to the sanctions faced ex- any other provision of law or to limit the august 2009 and December 2011 that constituted a ceptional circumstances that prevented the thority of the President to impose additional clear violation of international law with respect country from being able to significantly reduce sanctions with respect to Iran. to the right to a fair trial and due process. its volume of crude oil purchases; and’’. (b) INCLUSION OF THE ISLAMIC REPUBLIC OF SEC. 1271. STATUTE OF LIMITATIONS FOR CIVIL TITLE XIII—COOPERATIVE THREAT IRAN BROADCASTING ON THE LIST OF HUMAN ACTIONS REGARDING TERRORIST REDUCTION RIGHTS ABUSERS.—The President shall include ACTS. SEC. 1301. SPECIFICATION OF COOPERATIVE the Islamic Republic of Iran Broadcasting and (a) IN GENERAL.—Section 2335 of title 18, THREAT REDUCTION PROGRAMS the President of the Islamic Republic of Iran United States Code, is amended— AND FUNDS. Broadcasting, Ezzatollah Zargami, in the first (1) in subsection (a), by striking ‘‘4 years’’ (a) SPECIFICATION OF COOPERATIVE THREAT update to the list of persons complicit in, or re- and inserting ‘‘10 years’’; and REDUCTION PROGRAMS.—For purposes of section

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00126 Fmt 4624 Sfmt 6333 E:\CR\FM\A12DE6.041 S12DEPT1 tjames on DSK6SPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — SENATE S7879 301 and other provisions of this Act, Cooperative SEC. 1402. NATIONAL DEFENSE SEALIFT FUND. (1) by redesignating subsection (o) as sub- Threat Reduction programs are the programs Funds are hereby authorized to be appro- section (p); and specified in section 1501 of the National Defense priated for fiscal year 2013 for the National De- (2) by inserting after subsection (n) the fol- Authorization Act for Fiscal Year 1997 (50 fense Sealift Fund, as specified in the funding lowing new subsection (o): U.S.C. 2632 note). table in section 4501. ‘‘(o) SUPPLEMENTAL DESTRUCTION TECH- (b) FISCAL YEAR 2013 COOPERATIVE THREAT SEC. 1403. DEFENSE HEALTH PROGRAM. NOLOGIES.—In determining the technologies to REDUCTION FUNDS DEFINED.—As used in this Funds are hereby authorized to be appro- supplement the neutralization destruction of the title, the term ‘‘fiscal year 2013 Cooperative priated for the Department of Defense for fiscal stockpile of lethal chemical agents and muni- Threat Reduction funds’’ means the funds ap- year 2013 for expenses, not otherwise provided tions at Pueblo Chemical Depot, Colorado, and propriated pursuant to the authorization of ap- for, for the Defense Health Program, as speci- Blue Grass Army Depot, Kentucky, the Sec- propriations in section 301 and made available fied in the funding table in section 4501. retary of Defense may consider the following: by the funding table in section 4301 for Coopera- SEC. 1404. CHEMICAL AGENTS AND MUNITIONS ‘‘(1) Explosive Destruction Technologies. tive Threat Reduction programs. DESTRUCTION, DEFENSE. ‘‘(2) Any technologies developed for treatment VAILABILITY OF UNDS (c) A F .—Funds appro- (a) AUTHORIZATION OF APPROPRIATIONS.— and disposal of agent or energetic hydrolysates, priated pursuant to the authorization of appro- Funds are hereby authorized to be appropriated if problems with the current on-site treatment of priations in section 301 and made available by for the Department of Defense for fiscal year hydrolysates are encountered.’’. the funding table in section 4301 for Cooperative 2013 for expenses, not otherwise provided for, for (b) REPEAL OF SUPERSEDED PROVISION.—Sec- Threat Reduction programs shall be available Chemical Agents and Munitions Destruction, tion 151 of the Floyd D. Spence National De- for obligation for fiscal years 2013, 2014, and Defense, as specified in the funding table in sec- fense Authorization Act for Fiscal Year 2001 (as 2015. tion 4501. enacted into law by Public Law 106–398; 114 SEC. 1302. FUNDING ALLOCATIONS. (b) USE.—Amounts authorized to be appro- Stat. 1645A–30) is repealed. (a) FUNDING FOR SPECIFIC PURPOSES.—Of the priated under subsection (a) are authorized Subtitle D—Other Matters $519,100,000 authorized to be appropriated to the for— Department of Defense for fiscal year 2013 in SEC. 1431. AUTHORIZATION OF APPROPRIATIONS (1) the destruction of lethal chemical agents FOR ARMED FORCES RETIREMENT section 301 and made available by the funding and munitions in accordance with section 1412 HOME. table in section 4301 for Cooperative Threat Re- of the Department of Defense Authorization There is hereby authorized to be appropriated duction programs, the following amounts may Act, 1986 (50 U.S.C. 1521); and for fiscal year 2013 from the Armed Forces Re- be obligated for the purposes specified: (2) the destruction of chemical warfare mate- tirement Home Trust Fund the sum of (1) For strategic offensive arms elimination, riel of the United States that is not covered by $67,590,000 for the operation of the Armed $68,300,000. section 1412 of such Act. (2) For chemical weapons destruction, Forces Retirement Home. SEC. 1405. DRUG INTERDICTION AND COUNTER- SEC. 1432. ADDITIONAL WEAPONS OF MASS DE- $14,600,000. DRUG ACTIVITIES, DEFENSE-WIDE. (3) For global nuclear security, $99,800,000. STRUCTION CIVIL SUPPORT TEAMS. (4) For cooperative biological engagement, Funds are hereby authorized to be appro- (a) IN GENERAL.—Section 1403 of the Bob $276,400,000. priated for the Department of Defense for fiscal Stump National Defense Authorization Act for (5) For proliferation prevention, $32,400,000. year 2013 for expenses, not otherwise provided Fiscal Year 2003 (Public Law 107–314; 116 Stat. (6) For threat reduction engagement, for, for Drug Interdiction and Counter-Drug Ac- 2676; 10 U.S.C. 12310 note) is amended— $2,400,000. tivities, Defense-wide, as specified in the fund- (1) by striking subsection (b); (7) For other assessments/administrative sup- ing table in section 4501. (2) by redesignating subsection (c) as sub- port, $25,200,000. SEC. 1406. DEFENSE INSPECTOR GENERAL. section (d); and (b) REPORT ON OBLIGATION OR EXPENDITURE Funds are hereby authorized to be appro- (3) by inserting after subsection (a) the fol- OF FUNDS FOR OTHER PURPOSES.—No fiscal year priated for the Department of Defense for fiscal lowing new subsections (b) and (c): 2013 Cooperative Threat Reduction funds may year 2013 for expenses, not otherwise provided ‘‘(b) ESTABLISHMENT OF FURTHER ADDITIONAL be obligated or expended for a purpose other for, for the Office of the Inspector General of TEAMS.—The Secretary of Defense is authorized than a purpose listed in paragraphs (1) through the Department of Defense, as specified in the to have established two additional teams des- (7) of subsection (a) until 15 days after the date funding table in section 4501. ignated as Weapons of Mass Destruction Civil that the Secretary of Defense submits to Con- Subtitle B—National Defense Stockpile Support teams, beyond the 55 teams required in gress a report on the purpose for which the subsection (a), if— funds will be obligated or expended and the SEC. 1411. RELEASE OF MATERIALS NEEDED FOR NATIONAL DEFENSE PURPOSES ‘‘(1) the Secretary of Defense has made the amount of funds to be obligated or expended. FROM THE STRATEGIC AND CRIT- certification provided for in section 12310(c)(5) Nothing in the preceding sentence shall be con- ICAL MATERIALS STOCKPILE. of title 10, United States Code, with respect to strued as authorizing the obligation or expendi- (a) AUTHORITY FOR PRESIDENT TO DELEGATE each of such additional teams before December ture of fiscal year 2013 Cooperative Threat Re- SPECIAL DISPOSAL AUTHORITY OF PRESIDENT 31, 2011; and duction funds for a purpose for which the obli- FOR RELEASE FOR NATIONAL DEFENSE PUR- ‘‘(2) the establishment of such additional gation or expenditure of such funds is specifi- POSES.—Section 7(a) of the Strategic and Crit- teams does not require an increase in authorized cally prohibited under this title or any other ical Materials Stock Piling Act (50 U.S.C. 98f(a)) personnel levels above the numbers authorized provision of law. is amended— as of the date of the enactment of the National (c) LIMITED AUTHORITY TO VARY INDIVIDUAL (1) in paragraph (1), by striking ‘‘and’’ at the Defense Authorization Act for Fiscal Year 2013. AMOUNTS.— end; ‘‘(c) LIMITATION OF ESTABLISHMENT OF FUR- (1) IN GENERAL.—Subject to paragraph (2), in (2) in paragraph (2), by striking the period at THER TEAMS.—No Weapons of Mass Destruction any case in which the Secretary of Defense de- the end and inserting ‘‘; and’’; and Civil Support Team may be established beyond termines that it is necessary to do so in the na- (3) by adding at the end the following new the number authorized by subsections (a) and tional interest, the Secretary may obligate paragraph: (b) unless— amounts appropriated for fiscal year 2013 for a ‘‘(3) on the order of the Under Secretary of ‘‘(1) the Secretary submits to Congress a re- purpose listed in paragraphs (1) through (7) of Defense for Acquisition, Technology, and Logis- quest for authority to establish such team, in- subsection (a) in excess of the specific amount tics, if the President has designated the Under cluding a detailed justification for their estab- authorized for that purpose. Secretary to have authority to issue release or- lishment; and (2) NOTICE-AND-WAIT REQUIRED.—An obliga- ders under this subsection and, in the case of ‘‘(2) the establishment of such team is specifi- tion of funds for a purpose stated in paragraphs any such order, if the Under Secretary deter- cally authorized by a law enacted after the date (1) through (7) of subsection (a) in excess of the mines that the release of such materials is re- of the enactment of the National Defense Au- specific amount authorized for such purpose quired for use, manufacture, or production for thorization Act for Fiscal Year 2013.’’. may be made using the authority provided in purposes of national defense.’’. (b) REPORT.—Not later than 180 days after the paragraph (1) only after— (b) EXCLUSION FROM DELEGATION LIMITA- date of the enactment of this Act, the Secretary (A) the Secretary submits to Congress notifica- TION.—Section 16 of such Act (50 U.S.C. 98h–7) of Defense shall submit to the congressional de- tion of the intent to do so together with a com- is amended by striking ‘‘sections 7 and 13’’ each fense committees a report on the Weapons of plete discussion of the justification for doing so; place it appears and inserting ‘‘sections 7(a)(1) Mass Destruction Civil Support Teams. The re- and and 13’’. port shall include the following: (B) 15 days have elapsed following the date of (1) A detailed description of risk management the notification. Subtitle C—Chemical Demilitarization Matters criteria and considerations to be used in deter- TITLE XIV—OTHER AUTHORIZATIONS mining the optimal number and location of Subtitle A—Military Programs SEC. 1421. SUPPLEMENTAL CHEMICAL AGENT AND MUNITIONS DESTRUCTION Weapons of Mass Destruction Civil Support SEC. 1401. WORKING CAPITAL FUNDS. TECHNOLOGIES AT PUEBLO CHEM- Teams. Funds are hereby authorized to be appro- ICAL DEPOT, COLORADO, AND BLUE (2) A description of the operational and train- priated for fiscal year 2013 for the use of the GRASS ARMY DEPOT, KENTUCKY. ing activities conducted by the Weapons of Mass Armed Forces and other activities and agencies (a) SUPPLEMENTAL DESTRUCTION TECH- Destruction Civil Support Teams during each of of the Department of Defense for providing cap- NOLOGIES.—Section 1412 of the Department of fiscal years 2010, 2011, and 2012. ital for working capital and revolving funds, as Defense Authorization Act, 1986 (50 U.S.C. 1521) (3) An assessment of the optimal number and specified in the funding table in section 4501. is amended— location of Weapons of Mass Destruction Civil

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Support Teams in light of the information under SEC. 1508. DRUG INTERDICTION AND COUNTER- (c) PLAN FOR USE OF AFGHANISTAN SECURITY paragraphs (1) and (2). DRUG ACTIVITIES, DEFENSE-WIDE. FORCES FUND THROUGH 2017.—No later than 90 (4) A comparative analysis of the cost of es- Funds are hereby authorized to be appro- days after the date of the enactment of this Act, tablishing Weapons of Mass Destruction Civil priated for the Department of Defense for fiscal the Secretary of Defense shall submit to the con- Support Teams in the reserve components of the year 2013 for expenses, not otherwise provided gressional defense committees a plan for using Armed Forces (other than the National Guard) for, for Drug Interdiction and Counter-Drug Ac- funds available to the Department of Defense to with the cost of establishing Weapons of Mass tivities, Defense-wide, as specified in the fund- provide assistance to the security forces of Af- Destruction Civil Support Teams in the National ing table in section 4502. ghanistan through the Afghanistan Security Guard. SEC. 1509. DEFENSE INSPECTOR GENERAL. Forces Fund through September 30, 2017. (5) A description of the portion of the costs of Funds are hereby authorized to be appro- SEC. 1532. JOINT IMPROVISED EXPLOSIVE DE- Weapons of Mass Destruction Civil Support priated for the Department of Defense for fiscal VICE DEFEAT FUND. Teams that is currently borne by the States. year 2013 for expenses, not otherwise provided (a) USE AND TRANSFER OF FUNDS.—Sub- SEC. 1433. POLICY OF THE UNITED STATES WITH for, for the Office of the Inspector General of sections (b) and (c) of section 1514 of the John RESPECT TO A DOMESTIC SUPPLY the Department of Defense, as specified in the Warner National Defense Authorization Act for OF CRITICAL AND ESSENTIAL MIN- funding table in section 4502. Fiscal Year 2007 (Public Law 109–364; 120 Stat. ERALS. Subtitle B—Financial Matters 2439), as in effect before the amendments made (a) POLICY OF THE UNITED STATES.—It is the by section 1503 of the Duncan Hunter National policy of the United States to promote the devel- SEC. 1521. TREATMENT AS ADDITIONAL AUTHOR- Defense Authorization Act for Fiscal Year 2009 IZATIONS. opment of an adequate, reliable, and stable sup- (Public Law 110–417; 122 Stat. 4649), shall apply The amounts authorized to be appropriated by ply of critical and essential minerals in the to the funds made available to the Department this title are in addition to amounts otherwise United States in order to strengthen and sustain of Defense for the Joint Improvised Explosive authorized to be appropriated by this Act. the military readiness, national security, and Device Defeat Fund for fiscal year 2013. critical infrastructure of the United States. SEC. 1522. SPECIAL TRANSFER AUTHORITY. (b) AVAILABILITY OF CERTAIN FISCAL YEAR (b) COORDINATION OF DEVELOPMENT OF SUP- (a) AUTHORITY TO TRANSFER AUTHORIZA- 2013 FUNDS.— PLY OF CRITICAL AND ESSENTIAL MINERALS.—To TIONS.— (1) IN GENERAL.—Of the funds made available implement the policy described in subsection (a), (1) AUTHORITY.—Upon determination by the to the Department of Defense for the Joint Im- the President shall, acting through the Execu- Secretary of Defense that such action is nec- provised Explosive Device Defeat Fund for fiscal tive Office of the President, coordinate the ac- essary in the national interest, the Secretary year 2013, $15,000,000 may be available to the tions of the appropriate federal agencies to iden- may transfer amounts of authorizations made Secretary of Defense to provide training, equip- tify opportunities for and to facilitate the devel- available to the Department of Defense in this ment, supplies, and services to ministries and opment of resources in the United States to meet title for fiscal year 2013 between any such au- other entities of the Government of Pakistan the critical and essential mineral needs of the thorizations for that fiscal year (or any subdivi- that the Secretary has identified as critical for United States. sions thereof). Amounts of authorizations so countering the flow of improvised explosive de- transferred shall be merged with and be avail- TITLE XV—AUTHORIZATION OF APPRO- vice precursor chemicals from Pakistan to loca- able for the same purposes as the authorization PRIATIONS FOR OVERSEAS CONTIN- tions in Afghanistan. to which transferred. GENCY OPERATIONS (2) PROVISION THROUGH OTHER US AGENCIES.— (2) LIMITATION.—The total amount of author- If jointly agreed upon by the Secretary of De- Subtitle A—Authorization of Appropriations izations that the Secretary may transfer under fense and the head of another department or SEC. 1501. PURPOSE. the authority of this subsection may not exceed agency of the United States Government, the The purpose of this subtitle is to authorize ap- $4,000,000,000. Secretary of Defense may transfer funds avail- propriations for the Department of Defense for (b) TERMS AND CONDITIONS.—Transfers under able under paragraph (1) to such department or fiscal year 2013 to provide additional funds for this section shall be subject to the same terms agency for the provision of training, equipment, overseas contingency operations being carried and conditions as transfers under section 1001. supplies, and services to ministries and other en- out by the Armed Forces. (c) ADDITIONAL AUTHORITY.—The transfer au- tities of the Government of Pakistan as de- SEC. 1502. PROCUREMENT. thority provided by this section is in addition to scribed in that paragraph by such department Funds are hereby authorized to be appro- the transfer authority provided under section or agency. priated for fiscal year 2013 for procurement ac- 1001. (3) NOTICE TO CONGRESS.—Funds may not be counts for the Army, the Navy and the Marine Subtitle C—Limitations and Other Matters used under the authority in paragraph (1) until Corps, the Air Force, and Defense-wide activi- SEC. 1531. AFGHANISTAN SECURITY FORCES 15 days after the date on which the Secretary of ties, as specified in the funding table in section FUND. Defense submits to the congressional defense 4102. (a) CONTINUATION OF EXISTING LIMITA- committees a notice on the training, equipment, SEC. 1503. RESEARCH, DEVELOPMENT, TEST, AND TIONS.—Funds available to the Department of supplies, and services to be provided using such EVALUATION. Defense for the Afghanistan Security Forces funds. Funds are hereby authorized to be appro- Fund for fiscal year 2013 shall be subject to the (c) EXPIRATION.—This section shall cease to be priated for fiscal year 2013 for the use of the De- conditions contained in subsections (b) through effective on December 31, 2013. partment of Defense for research, development, (g) of section 1513 of the National Defense Au- SEC. 1533. PLAN FOR TRANSITION IN FUNDING OF test, and evaluation, as specified in the funding thorization Act for Fiscal Year 2008 (Public Law UNITED STATES SPECIAL OPER- table in section 4202. 110–181; 122 Stat. 428), as amended by section ATIONS COMMAND FROM SUPPLE- MENTAL FUNDING FOR OVERSEAS SEC. 1504. OPERATION AND MAINTENANCE. 1531(b) of the Ike Skelton National Defense Au- CONTINGENCY OPERATIONS TO RE- Funds are hereby authorized to be appro- thorization Act for Fiscal Year 2011 (Public Law CURRING FUNDING UNDER THE FU- priated for fiscal year 2013 for the use of the 111–383; 124 Stat. 4424). TURE-YEARS DEFENSE PROGRAM. Armed Forces and other activities and agencies (b) AVAILABILITY FOR SUPPORT OF TRAINING The Secretary of Defense shall submit to the of the Department of Defense for expenses, not OF AFGHAN PUBLIC PROTECTION FORCE.—Assist- congressional defense committees, at the same otherwise provided for, for operation and main- ance provided during fiscal year 2013 utilizing time as the budget of the President for fiscal tenance, as specified in the funding table in sec- funds in the Afghanistan Security Forces Fund year 2014 is submitted to Congress pursuant to tion 4302. may be used to increase the capacity of the Gov- section 1105(a) of title 31, United States Code, a ernment of Afghanistan to recruit, vet, train, SEC. 1505. MILITARY PERSONNEL. plan for the transition of funding of the United and manage the Afghan Public Protection Force Funds are hereby authorized to be appro- States Special Operations Command from funds within the Afghanistan Ministry of Interior, in- priated for fiscal year 2013 for the use of the authorized to be appropriated for overseas concluding activities in connection with the fol- Armed Forces and other activities and agencies tingency operations (commonly referred to as lowing: of the Department of Defense for expenses, not the ‘‘overseas contingency operations budget’’) (1) Expanding the capacity of the Force to otherwise provided for, for military personnel, to funds authorized to be appropriated for re- train and qualify recruits for static security, as specified in the funding table in section 4402. curring operations of the Department of Defense convoy security, and personal detail security. in accordance with applicable future-years de- SEC. 1506. WORKING CAPITAL FUNDS. (2) Improving the infrastructure of the Afghan fense programs under section 221 of title 10, Funds are hereby authorized to be appro- Public Protection Force Training Center or United States Code (commonly referred to as the priated for fiscal year 2013 for the use of the other facilities for training Force personnel. ‘‘base budget’’). Armed Forces and other activities and agencies (3) Increasing the capacity of the Afghanistan of the Department of Defense for providing cap- SEC. 1534. EXTENSION OF AUTHORITY ON TASK Ministry of Interior to manage the Force. FORCE FOR BUSINESS AND STA- ital for working capital and revolving funds, as (4) Improving procedures for recruiting and BILITY OPERATIONS IN AFGHANI- specified in the funding table in section 4502. vetting Force personnel. STAN. SEC. 1507. DEFENSE HEALTH PROGRAM. (5) Establishing or implementing requirements Section 1535(a) of the Ike Skelton National Funds are hereby authorized to be appro- for qualifications, training, and accountability Defense Authorization Act for Fiscal Year 2011 priated for the Department of Defense for fiscal consistent with the purposes of section 862 of (Public Law 111–383; 124 Stat. 4426), as amended year 2013 for expenses, not otherwise provided the National Defense Authorization Act for Fis- by section 1534 of the National Defense Author- for, for the Defense Health Program, as speci- cal Year 2008 (10 U.S.C. 2302 note), to the extent ization Act for Fiscal Year 2012 (Public Law fied in the funding table in section 4502. feasible. 112–81; 125 Stat. 1658), is further amended—

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00128 Fmt 4624 Sfmt 6333 E:\CR\FM\A12DE6.041 S12DEPT1 tjames on DSK6SPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — SENATE S7881 (1) in the second sentence of paragraph (4)— defense committees a detailed assessment of the spond to insider attacks, including improved (A) by striking ‘‘The amount of funds used’’ risk to the United States mission and interests in vetting practices. and inserting ‘‘The amount of fund obligated’’; Afghanistan as the change in levels is imple- (4) A description of the insider threat-related (B) by inserting ‘‘and $93,000,000 for fiscal mented. factors that will influence the size and scope of year 2013’’ after ‘‘fiscal year 2012’’; and (b) ELEMENTS.—The risk assessment under the post-2014 training mission for the Afghani- (C) by inserting ‘‘for fiscal year 2012’’ after subsection (a) on a change in levels of United stan National Security Forces. ‘‘except that’’; States Armed Forces in Afghanistan shall in- (5) An assessment of the impact of the insider (2) in paragraph (6), by striking ‘‘October 31, clude the following: attacks in Afghanistan in 2012 on the overall 2011, and October 31, 2012’’ and inserting ‘‘Octo- (1) A description of the current security situa- transition strategy in Afghanistan and its pros- ber 31 of each of 2011, 2012, and 2013’’; and tion in Afghanistan. pects for success, including an assessment how (3) in paragraph (7)— (2) A description of any anticipated changes such insider attacks impact— (A) by striking ‘‘provided in’’ and inserting to United States military operations and objec- (A) partner operations between North Atlantic ‘‘to obligate funds for projects under’’; and tives in Afghanistan associated with such Treaty Organization/International Security As- (B) by striking ‘‘September 30, 2012’’ and in- change in levels. sistance Force forces and Afghanistan National serting ‘‘September 30, 2013’’. (3) An identification and assessment of any Security Forces; SEC. 1535. ASSESSMENTS OF TRAINING ACTIVI- changes in United States military capabilities, (B) training programs for the Afghanistan Na- TIES AND INTELLIGENCE ACTIVITIES including manpower, logistics, intelligence, and tional Security Forces, including proposed OF THE JOINT IMPROVISED EXPLO- mobility support, in Afghanistan associated training plans to be executed during the post- SIVE DEVICE DEFEAT ORGANIZA- with such change in levels. 2014 training mission for the Afghanistan Na- TION. (4) An identification and assessment of the tional Security Forces; (a) TRAINING ACTIVITIES.— risk associated with any changes in United (C) United States Special Forces training of (1) IN GENERAL.—Not later than 180 days after States mission, military capabilities, operations, the Afghan Local Police and its integration into the date of the enactment of this Act, the Sec- and objectives in Afghanistan associated with the Afghanistan National Security Forces; and retary of Defense shall, in consultation with the such change in levels. (D) the willingness of North Atlantic Treaty Chairman of Joint Chiefs of Staff and the other (5) An identification and assessment of any Organization/International Security Assistance chiefs of staff of the Armed Forces, submit to the capability gaps within the Afghanistan security Force allies to maintain forces in Afghanistan congressional defense committees a report set- forces that will impact their ability to conduct or commit to the post-2014 training mission for ting forth an assessment of the training-related operations following such change in levels. the Afghanistan National Security Forces. activities of the Joint Improvised Explosive De- (6) An identification and assessment of the (6) An assessment of the impact that a reduc- vice Defeat Organization (JIEDDO). risk associated with the transition of combat re- tion in training and partnering would have on (2) ELEMENTS.—The assessment required by sponsibilities to the Afghanistan security forces the independent capabilities of the Afghanistan paragraph (1) shall— following such change in levels. National Security Forces, and whether the (A) include all training programs and func- (7) An assessment of the impact of such training of the Afghanistan National Security tions executed by the Joint Improvised Explosive change in levels on coalition military contribu- Forces should remain a key component of the Device Defeat Organization in support of the tions to the mission in Afghanistan. United States and North Atlantic Treaty Orga- (8) A description of the assumptions to be in United States Armed Forces or coalition part- nization strategy in Afghanistan. force regarding the security situation in Af- ners; (c) UNCLASSIFIED EXECUTIVE SUMMARY.—The (B) identify any program or function which is ghanistan following such change in levels. report submitted under subsection (b) shall in- (9) Such other matters regarding such change duplicated elsewhere within the Department of clude an executive summary of the contents of in levels as the Chairman considers appropriate. Defense; and the report in unclassified form. SEC. 1537. REPORT ON INSIDER ATTACKS IN AF- (C) assess the value of maintaining such du- TITLE XVI—MILITARY COMPENSATION plication. GHANISTAN AND THEIR EFFECT ON THE UNITED STATES TRANSITION AND RETIREMENT MODERNIZATION (3) FORM.—The report required by paragraph STRATEGY FOR AFGHANISTAN. COMMISSION (1) shall be submitted in unclassified form, but (a) REPORT.—Not later than 180 days after the SEC. 1601. SHORT TITLE. may include a classified annex. date of the enactment of this Act, the Secretary IMITATION.—No training-related program This title may be cited as the ‘‘Military Com- (4) L of Defense shall, in consultation with the Sec- may be initiated by the Joint Improvised Explo- pensation and Retirement Modernization Com- retary of State and the Commander of North At- sive Device Defeat Organization between the mission Act of 2012’’. lantic Treaty Organization/International Secu- date of the enactment of this Act and the date SEC. 1602. PURPOSE. rity Assistance Force forces in Afghanistan, of the submittal of the report required by para- The purpose of this title is to establish a Com- submit to Congress a report on the attacks and graph (1). mission to review and make recommendations to associated threats by Afghanistan National Se- (b) INTELLIGENCE ACTIVITIES.— modernize the military compensation and retire- curity Forces personnel, Afghanistan National (1) IN GENERAL.—Not later than 180 days after ment systems in order to— Security Forces impersonators, and private secu- the date of the enactment of this Act, the Sec- (1) ensure the long-term viability of the All- rity contractors against United States, Afghani- retary of Defense shall, in consultation with the Volunteer Force; stan, and coalition military and civilian per- Director of National Intelligence, submit to the (2) enable the quality of life for members of sonnel (‘‘insider attacks’’) in Afghanistan, and congressional defense committees a report set- the Armed Forces and the other uniformed serv- the effect of these attacks on the overall transi- ting forth an assessment of the activities of the ices and their families in a manner that fosters tion strategy in Afghanistan. Counter-Improvised-Explosive-Device Oper- successful recruitment, retention, and careers (b) ELEMENTS.—The report required by sub- for members of the Armed Forces and the other ations Integration Center of the Joint Impro- section (a) shall include the following: uniformed services; and vised Explosive Device Defeat Organization. (1) A description of the nature and proximate (3) modernize and achieve fiscal sustainability (2) ELEMENTS.—The assessment required by causes of the attacks described in subsection (a), for the compensation and retirements systems paragraph (1) shall— including the following: (A) include all intelligence analysis programs (A) An estimate of the number of such attacks for the Armed Forces and the other uniformed and functions executed by the Counter-Impro- on United States, Afghanistan, and coalition services for the 21st century. vised-Explosive-Device Operations Integration military personnel since January 1, 2007. SEC. 1603. DEFINITIONS. Center in support of the United States Govern- (B) An estimate of the number of United In this title: ment or coalition partners; States, Afghanistan, and coalition personnel (1) The term ‘‘military compensation and re- (B) identify any program or function which is killed or wounded in such attacks. tirement systems’’ means the military compensa- duplicated elsewhere within the Department of (C) The circumstances or conditions that may tion system and the military retirement system. Defense, including the intelligence components have influenced such attacks. (2) The term ‘‘military compensation system’’ of the Department, or the intelligence commu- (D) An assessment of the threat posed by infil- means provisions of law providing eligibility for nity of the United States; and tration, and a best assessment of the extent of and the computation of military compensation, (C) assess the value of maintaining such du- infiltration by insurgents into the Afghanistan including regular military compensation, special plication. National Security Forces. and incentive pays and allowances, medical and (3) FORM.—The report required by paragraph (E) A description of trends in the prevalence dental care, educational assistance and related (2) shall be submitted in unclassified form, but of such attacks, including where such attacks benefits, and commissary and exchange benefits may include a classified annex. occur, the political and ethnic affiliation of and related benefits and activities. SEC. 1536. SUBMITTAL TO CONGRESS OF RISK AS- attackers, and the targets of attackers. (3) The term ‘‘military retirement system’’ SESSMENTS ON CHANGES IN UNITED (2) A description of the restrictions and other means retirement benefits, including retired pay STATES TROOP LEVELS IN AFGHANI- actions taken by the United States and North based upon service in the uniformed services STAN. Atlantic Treaty Organization/International Se- and survivor annuities based upon such service. (a) SUBMITTAL REQUIRED.—Not later than 30 curity Assistance Force forces to protect military (4) The term ‘‘Armed Forces’’ has the meaning days after a decision by the President to change and civilian personnel from future insider at- given the term ‘‘armed forces’’ in section the levels of United States Armed Forces de- tacks, including measures in predeployment 101(a)(4) of title 10, United States Code. ployed in Afghanistan, the Chairman of the training. (5) The term ‘‘uniformed services’’ has the Joint Chiefs of Staff shall, through the Sec- (3) A description of the actions taken by the meaning given that term in section 101(a)(5) of retary of Defense, submit to the congressional Government of Afghanistan to prevent and re- title 10, United States Code.

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(6) The term ‘‘Secretary’’ means the Secretary (d) STATUS AS FEDERAL EMPLOYEES.—Not- (A) Maintaining recruitment and retention of of Defense. withstanding the requirements of section 2105 of the best military personnel. (7) The term ‘‘Commission’’ means the commis- title 5, United States Code, including the re- (B) Modernizing the active and reserve mili- sion established under section 1604. quired supervision under subsection (a)(3) of tary compensation and retirement systems. (8) The term ‘‘Commission establishment date’’ such section, the members of the Commission (C) Differentiating between active and reserve means the first day of the first month beginning shall be deemed Federal employees. military service. on or after the date of the enactment of this Act. SEC. 1605. COMMISSION HEARINGS AND MEET- (D) Differentiating between service in the (9) The terms ‘‘veterans service organization’’ INGS. Armed Forces and service in the other uniformed and ‘‘military-related advocacy group or asso- (a) IN GENERAL.—The Commission shall con- services. ciation’’ mean an organization the primary pur- duct hearings on the recommendations it is tak- (E) Assisting with force management. pose of which is to advocate for veterans, mili- ing under consideration. Any such hearing, ex- (F) Ensuring the fiscal sustainability of the tary personnel, military retirees, or military cept a hearing in which classified information is military compensation and retirement systems. families. to be considered, shall be open to the public. (b) SECRETARY OF DEFENSE RECOMMENDA- SEC. 1604. MILITARY COMPENSATION AND RE- Any hearing open to the public shall be an- TIONS.— TIREMENT MODERNIZATION COM- nounced on a Federal website at least 14 days in (1) IN GENERAL.—Not later than nine months MISSION. advance. For all hearings open to the public, after the Commission establishment date, the (a) ESTABLISHMENT.—There is established in the Commission shall release an agenda and a Secretary shall transmit to the Commission the the executive branch an independent commis- listing of materials relevant to the topics to be recommendations of the Secretary for military sion to be known as the Military Compensation discussed. compensation and retirement modernization. and Retirement Modernization Commission. The (b) MEETINGS.— The Secretary shall concurrently transmit the Commission shall be considered an independent (1) INITIAL MEETING.—The Commission shall recommendations to Congress. establishment of the Federal Government as de- hold its initial meeting not later than 30 days (2) DEVELOPMENT OF RECOMMENDATIONS.— fined by section 104 of title 5, United States after the date as of which all members have been The Secretary shall develop the recommenda- Code, and a temporary organization under sec- appointed. tions of the Secretary under paragraph (1)— tion 3161 of such title. (2) SUBSEQUENT MEETINGS.—After its initial (A) on the basis of the principles established (b) APPOINTMENT.— meeting, the Commission shall meet upon the by the President pursuant to subsection (a)(3); (1) IN GENERAL.— call of the Chair or a majority of its members. (B) in consultation with the Secretary of EMBERS (A) M .—The Commission shall be com- (3) PUBLIC MEETINGS.—Each meeting of the Homeland Security, with respect to rec- posed of nine members appointed by the Presi- Commission shall be held in public unless any ommendations concerning members of the Coast dent, in consultation with— member objects. Guard; (i) the Chairman and Ranking Member of the (c) QUORUM.—Five members of the Commis- (C) in consultation with the Secretary of Committee on Armed Services of the Senate; and sion shall constitute a quorum, but a lesser Health and Human Services, with respect to rec- (ii) the Chairman and Ranking Member of the number may hold hearings. ommendations concerning members of the Public Committee on Armed Services of the House of (d) PUBLIC COMMENTS.— Health Service; Representatives. (1) IN GENERAL.—The Commission shall seek (D) in consultation with the Secretary of Com- (B) DEADLINE FOR APPOINTMENT.—The Presi- written comments from the general public and merce, with respect to recommendations con- dent shall make appointments to the Commis- interested parties on measures to modernize the cerning members of the National Oceanic and sion not later than six months after the Commis- military compensation and retirement systems. Atmospheric Administration; and sion establishment date. Comments shall be requested through a solicita- (E) in consultation with the Director of the (C) TERMINATION FOR LACK OF APPOINT- tion in the Federal Register and announcement Office of Management and Budget. MENT.—If the President does not make all ap- on the Internet website of the Commission. (3) JUSTIFICATION.—The Secretary shall in- pointments to the Commission on or before the (2) PERIOD FOR SUBMITTAL.—The period for clude with the recommendations under para- date specified in subparagraph (B), the Commis- the submittal of comments pursuant to the solic- graph (1) the justification of the Secretary for sion shall be terminated. itation under paragraph (1) shall end not earlier each recommendation. (2) QUALIFICATIONS OF INDIVIDUALS AP- than 30 days after the date of the solicitation (4) AVAILABILITY OF INFORMATION.—The Sec- POINTED.—In appointing individuals to the and shall end on or before the date on which retary shall make available to the Commission Commission, the President shall— and to Congress the information used by the (A) ensure that— the Secretary transmits the recommendations of (i) there are members with significant exper- the Secretary to the Commission under section Secretary to prepare the recommendations of the tise in Federal compensation and retirement sys- 1606(b). Secretary under paragraph (1). (c) COMMISSION HEARINGS ON RECOMMENDA- tems, including the military compensation and (3) USE BY COMMISSION.—The Commission TIONS OF SECRETARY.—After receiving from the retirement systems, private sector compensation, shall consider the comments submitted under Secretary the recommendations of the Secretary retirement, or human resource systems, and ac- this subsection when developing its rec- for military compensation and retirement mod- tuarial science; ommendations. (ii) at least five members have active-duty SEC. 1606. PRINCIPLES AND PROCEDURE FOR ernization pursuant to subsection (b), the Com- military experience, including— COMMISSION RECOMMENDATIONS. mission shall conduct public hearings on the (I) at least one of whom has active-duty expe- (a) PRINCIPLES.— recommendations. rience as an enlisted member; and (1) CONTEXT OF COMMISSION REVIEW.—The (d) COMMISSION REPORT AND RECOMMENDA- (II) at least one of whom has experience as a Commission shall conduct a review of the mili- TIONS.— member of a reserve component; and tary compensation and retirement systems in the (1) REPORT.—Not later than 15 months after (iii) at least one member was the spouse of a context of all elements of the current military the Commission establishment date, the Commis- member of the Armed Forces, or, in the sole de- compensation and retirement systems, force sion shall transmit to the President a report termination of the President, has significant ex- management objectives, and changes in life ex- containing the findings and conclusions of the perience in military family matters; and pectancy and the labor force. Commission, together with the recommendations (B) select individuals who are knowledgeable (2) DEVELOPMENT OF COMMISSION REC- of the Commission for the modernization of the and experienced with the uniformed services OMMENDATIONS.— military compensation and retirement systems. and military compensation and retirement (A) CONSISTENCY WITH PRESIDENTIAL PRIN- The Commission shall include in the report leg- issues. CIPLES.—The Commission shall develop rec- islative language to implement the recommenda- (3) LIMITATION.—The President may not ap- ommendations for modernizing the military com- tions of the Commission. The findings and con- point to the Commission an individual who pensation and retirement systems that are conclusions in the report shall be based on the re- within the preceding year has been employed by sistent with principles established by the Presi- view and analysis by the Commission of the rec- a veterans service organization or military-re- dent under paragraph (3). ommendations of the Secretary. lated advocacy group or association. (B) GRANDFATHERING.—The recommendations (2) REQUIREMENT FOR APPROVAL.—The rec- (4) CHAIR.—At the time the President appoints of the Commission may not apply to any person ommendations of the Commission must be ap- the members of the Commission, the President who first becomes a member of a uniformed serv- proved by at least five members of the Commis- shall designate one of the members to be Chair ice before the date of the enactment of a mili- sion before the recommendations may be trans- of the Commission. The individual designated as tary compensation and retirement moderniza- mitted to the President under paragraph (1). Chair of the Commission shall be a person who tion Act pursuant to this title (except that such (3) PROCEDURES FOR CHANGING RECOMMENDA- has expertise in the military compensation and recommendations may include provisions allow- TIONS OF SECRETARY.—The Commission may retirement systems. The Chair, or the designee ing for such a member to make a voluntary elec- make a change described in paragraph (4) in the of the Chair, shall preside over meetings of the tion to be covered by some or all of the provi- recommendations made by the Secretary only if Commission and be responsible for establishing sions of such recommendations). the Commission— the agenda of Commission meetings and hear- (3) PRESIDENTIAL PRINCIPLES.—Not later than (A) determines that the change is consistent ings. five months after the Commission establishment with the principles established by the President (c) TERMS.—Members shall be appointed for date, the President shall establish and transmit under subsection (a)(3); the life of the Commission (subject to subsection to the Commission and Congress principles for (B) publishes a notice of the proposed change (b)(3)). A vacancy in the Commission shall not modernizing the military compensation and re- not less than 45 days before transmitting its rec- affect its powers, and shall be filled in the same tirement systems. The principles established by ommendations to the President pursuant to manner as the original appointment was made. the President shall address the following: paragraph (1); and

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A motion to reconsider the vote on (4) COVERED CHANGES.—Paragraph (3) applies apply, and such rules supersede other rules only passage of the bill shall not be in order. to a change by the Commission in the rec- to the extent that they are inconsistent there- (D) VOTE ON PASSAGE.—The vote on passage ommendations of the Secretary that would— with; and of the military compensation and retirement (A) add a new recommendation; (B) with full recognition of the constitutional modernization bill shall occur not later than the (B) delete a recommendation; or right of either House to change such rules (so end of the 90-day period beginning on the date (C) substantially change a recommendation. far as relating to the procedure of that House) on which the bill is introduced. (5) EXPLANATION AND JUSTIFICATION FOR at any time, in the same manner and to the (5) EXPEDITED PROCEDURE IN THE SENATE.— CHANGES.—The Commission shall explain and same extent as in the case of any other rule of (A) COMMITTEE CONSIDERATION.—A military justify in its report submitted to the President that House. compensation and retirement modernization bill under paragraph (1) any recommendation made (2) MILITARY COMPENSATION AND RETIREMENT introduced in the Senate under subsection (a) by the Commission that is different from the rec- MODERNIZATION BILL.—For the purpose of this shall be jointly referred to the committee or com- ommendations made by the Secretary pursuant subsection, the term ‘‘military compensation and mittees of jurisdiction, which committees shall to subsection (b). retirement modernization bill’’ means only a bill report the bill without any revision and with a (6) TRANSMITTAL TO CONGRESS.—The Commis- consisting of the proposed legislative language favorable recommendation, an unfavorable rec- sion shall transmit a copy of its report to Con- recommended by the Commission and submitted ommendation, or without recommendation, not gress on the same date on which it transmits its to Congress by the President pursuant to sub- later than the end of the 60-day period begin- report to the President under paragraph (1). section (a). ning on the date on which the bill is introduced. SEC. 1607. CONSIDERATION OF COMMISSION REC- (3) INTRODUCTION OF LEGISLATIVE PROPOSAL If any committee fails to report the bill within OMMENDATIONS BY THE PRESIDENT IN HOUSE AND SENATE.—If the President trans- that period, that committee shall be automati- AND CONGRESS. mits to Congress under subsection (a) a copy of cally discharged from consideration of the bill, (a) REVIEW BY THE PRESIDENT.— the recommendations of the Commission (includ- and the bill shall be placed on the appropriate (1) REPORT OF PRESIDENTIAL APPROVAL OR ing the legislative language recommended by the calendar. DISAPPROVAL.—Not later than 60 days after the Commission), together with a certification of the (B) MOTION TO PROCEED.—Notwithstanding date on which the Commission transmits its re- approval of the President of the recommenda- Rule XXII of the Standing Rules of the Senate, port to the President under section 1606(d), the tions, the proposed legislative language rec- it is in order, not later than 2 days of session President shall transmit to the Commission and ommended by the Commission and submitted to after the date on which a military compensation to Congress a report containing the approval or Congress by the President pursuant to that sub- and retirement modernization bill is reported or disapproval by the President of the rec- section— discharged from all committees to which it was ommendations of the Commission in the report. (A) shall be introduced in the Senate (by re- referred, for the majority leader of the Senate or (2) PRESIDENTIAL APPROVAL.—If in the report quest) on the next day on which the Senate is the majority leader’s designee to move to pro- under paragraph (1) the President approves all in session by the chairman of the Committee on ceed to the consideration of the military com- the recommendations of the Commission, the Armed Services of the Senate; and pensation and retirement modernization bill. It President shall include with the report the fol- (B) shall be introduced in the House of Rep- shall also be in order for any Member of the lowing: resentatives (by request) on the next legislative Senate to move to proceed to the consideration (A) A copy of the recommendations of the day by the chair of the Committee on Armed of the military compensation and retirement Commission. Services of the House of Representatives. modernization bill at any time after the conclu- (B) The certification by the President of the (4) CONSIDERATION IN THE HOUSE OF REP- sion of such 2-day period. A motion to proceed approval of the President of each recommenda- RESENTATIVES.— is in order even though a previous motion to the tion. (A) REFERRAL AND REPORTING.—Any com- same effect has been disagreed to. All points of (C) The legislative language transmitted by mittee of the House of Representatives to which order against the motion to proceed to the mili- the Commission to the President as part of the the military compensation and retirement mod- tary compensation and retirement moderniza- report of the Commission under section ernization bill is referred shall report it to the tion bill are waived. The motion to proceed is 1606(d)(1). House without amendment not later than the not debatable. The motion is not subject to a (3) PRESIDENTIAL DISAPPROVAL.— end of the 60-day period beginning on the date motion to postpone. A motion to reconsider the (A) REASONS FOR DISAPPROVAL.—If in the re- on which the bill is introduced. If a committee vote by which the motion is agreed to or dis- port under paragraph (1) the President dis- fails to report the bill to the House within that agreed to shall not be in order. If a motion to approves the recommendations of the Commis- period, it shall be in order to move that the proceed to the consideration of the military com- sion, in whole or in part, the President shall in- House discharge the committee from further con- pensation and retirement modernization bill is clude in the report the reasons for that dis- sideration of the bill. Such a motion shall not be agreed to, the military compensation and retire- approval. in order after the last committee authorized to ment modernization bill shall remain the unfin- (B) REVISED RECOMMENDATIONS FROM COM- consider the bill reports it to the House or after ished business until disposed of. MISSION.—The Commission shall then transmit the House has disposed of a motion to discharge (C) CONSIDERATION.—All points of order, other to the President, not later one month after the the bill. The previous question shall be consid- than budget points of order, against the military date of the report of the President under para- ered as ordered on the motion to its adoption compensation and retirement modernization bill graph (1), revised recommendations for the mod- without intervening motion except 20 minutes of and against consideration of the bill are waived. ernization of the military compensation and re- debate equally divided and controlled by the Consideration of the bill and of all debatable tirement systems, together with revised legisla- proponent and an opponent. If such a motion is motions and appeals in connection therewith tive language to implement the revised rec- adopted, the House shall proceed immediately to shall not exceed a total of 10 hours which shall ommendations of the Commission. consider the Commission bill in accordance with be divided equally between the majority and mi- (4) ACTION ON REVISED RECOMMENDATIONS.—If subparagraphs (B) and (C). A motion to recon- nority leaders or their designees. A motion fur- the President approves all of the revised rec- sider the vote by which the motion is disposed of ther to limit debate on the bill is in order, shall ommendations of the Commission transmitted shall not be in order. require an affirmative vote of three-fifths of the pursuant to paragraph (3)(B), the President (B) PROCEEDING TO CONSIDERATION.—After Members duly chosen and sworn, and is not de- shall transmit to Congress, not later than one the last committee authorized to consider a mili- batable. Any debatable motion or appeal is de- month after receiving the revised recommenda- tary compensation and retirement moderniza- batable for not to exceed 1 hour, to be divided tions, the following: tion bill reports it to the House or has been dis- equally between those favoring and those oppos- (A) A copy of the revised recommendations. charged (other than by motion) from its consid- ing the motion or appeal. All time used for con- (B) The certification by the President of the eration, it shall be in order to move to proceed sideration of the bill, including time used for approval of the President of each recommenda- to consider the military compensation and re- quorum calls and voting, shall be counted tion as so revised. tirement modernization bill in the House. Such a against the total 10 hours of consideration. (C) The revised legislative language trans- motion shall not be in order after the House has (D) NO AMENDMENTS.—An amendment to the mitted to the President under paragraph (3)(B). disposed of a motion to proceed with respect to Commission bill, or a motion to postpone, or a (5) TERMINATION OF COMMISSION.—If the the military compensation and retirement mod- motion to proceed to the consideration of other President does not transmit to Congress an ap- ernization bill. The previous question shall be business, or a motion to recommit the Commis- proval and certification described in paragraph considered as ordered on the motion to its adop- sion bill, is not in order. (2) or (4) in accordance with the applicable tion without intervening motion. A motion to re- (E) VOTE ON PASSAGE.—If the Senate has deadline under such paragraph, the Commission consider the vote by which the motion is dis- voted to proceed to the military compensation shall be terminated not later than one month posed of shall not be in order. and retirement modernization bill, the vote on after the expiration of the period for transmittal (C) CONSIDERATION.—The military compensa- passage of the bill shall occur immediately fol- of a report under paragraph (4). tion and retirement modernization bill shall be lowing the conclusion of the debate on a mili- (b) CONSIDERATION BY CONGRESS.— considered as read. All points of order against tary compensation and retirement moderniza- (1) RULEMAKING.—The provisions of this sub- the bill and against its consideration are tion bill, and a single quorum call at the conclu- section are enacted by Congress— waived. The previous question shall be consid- sion of the debate if requested. The vote on pas- (A) as an exercise of the rulemaking power of ered as ordered on the bill to its passage without sage of the bill shall occur not later the end of the Senate and the House of Representatives, re- intervening motion except 2 hours of debate the 90-day period beginning on the date on spectively, and as such they shall be considered equally divided and controlled by the proponent which the bill is introduced.

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(F) RULINGS OF THE CHAIR ON PROCEDURE.— detailed to the Commission if, in the year before equal to the number otherwise appointable Appeals from the decisions of the Chair relating the employment or detail is to begin, that person under such subparagraph. to the application of the rules of the Senate, as was employed by a veterans service organization (c) PERIOD OF APPOINTMENT; VACANCIES.— the case may be, to the procedure relating to a or a military-related advocacy group or associa- Members shall be appointed for the life of the military compensation and retirement mod- tion. Commission. Any vacancy in the Commission ernization bill shall be decided without debate. (c) LIMITATIONS ON PERFORMANCE REVIEWS.— shall not affect its powers, but shall be filled in (6) AMENDMENT.—The military compensation No member of the Armed Forces, and no officer the same manner as the original appointment. and retirement modernization bill shall not be or employee of the Department of Defense, (d) INITIAL MEETING.—Not later than 30 days subject to amendment in either the House of may— after the date on which all members of the Com- Representatives or the Senate. (1) prepare any report concerning the effec- mission have been appointed, the Commission (7) CONSIDERATION BY THE OTHER HOUSE.—If, tiveness, fitness, or efficiency of the perform- shall hold its first meeting. before passing the military compensation and ance of the staff of the Commission or any per- (e) MEETINGS.—The Commission shall meet at retirement modernization bill, one House re- son detailed from the Department to that staff; the call of the Chair. ceives from the other a military compensation (2) review the preparation of such a report; or (f) QUORUM.—A majority of the members of and retirement modernization bill— (3) approve or disapprove such a report. the Commission shall constitute a quorum, but a (A) the military compensation and retirement SEC. 1611. CONTRACTING AUTHORITY. lesser number of members may hold hearings. (g) CHAIR AND VICE CHAIRMAN.—The Commis- modernization bill of the other House shall not The Commission may lease space and acquire sion shall select a Chair and Vice Chair from be referred to a committee; and personal property to the extent funds are avail- (B) the procedure in the receiving House shall among its members. able. be the same as if no military compensation and SEC. 1703. DUTIES OF THE COMMISSION. SEC. 1612. JUDICIAL REVIEW PRECLUDED. retirement modernization bill had been received (a) STUDY.— The following shall not be subject to judicial from the other House until the vote on passage, (1) IN GENERAL.—The Commission shall under- when the military compensation and retirement review: take a comprehensive study of the current struc- modernization bill received from the other House (1) Actions of the President, the Secretary, ture of the Air Force to determine whether, and shall supplant the military compensation and and the Commission under section 1606. how, the structure should be modified to best (2) Actions of the President under section retirement modernization bill of the receiving fulfill current and anticipated mission require- 1607(a). House. ments for the Air Force in a manner consistent SEC. 1608. PAY FOR MEMBERS OF THE COMMIS- SEC. 1613. TERMINATION. with available resources. SION. Except as otherwise provided in this title, the (2) CONSIDERATIONS.—In considering an alter- (a) IN GENERAL.—Each member, other than Commission shall terminate not later than 26 native structure for the Air Force, the Commis- the Chair, of the Commission shall be paid at a months after the Commission establishment sion shall give particular consideration to iden- rate equal to the daily equivalent of the annual date. tifying a structure that— rate of basic pay payable for level IV of the Ex- SEC. 1614. FUNDING. (A) meets current and anticipated require- ecutive Schedule under section 5315 of title 5, Of the amounts authorized to be appropriated ments of the combatant commands; United States Code, for each day (including by this division for the Department of Defense (B) achieves an appropriate balance between travel time) during which the member is engaged for fiscal year 2013, up to $10,000,000 shall be the regular and reserve components of the Air in the actual performance of duties vested in the available to the Commission to carry out its du- Force, taking advantage of the unique strengths Commission. ties under this title. Funds available to the Com- and capabilities of each; (b) CHAIR.—The Chair of the Commission mission under the preceding sentence shall re- (C) ensures that the reserve components of the shall be paid at a rate equal to the daily equiva- main available until expended. Air Force have the capacity needed to support current and anticipated homeland defense and lent of the annual rate of basic pay payable for TITLE XVII—NATIONAL COMMISSION ON disaster assistance missions in the United level III of the Executive Schedule under section THE STRUCTURE OF THE AIR FORCE 5314, of title 5, United States Code, for each day States; (including travel time) during which the member SEC. 1701. SHORT TITLE. (D) provides for sufficient numbers of regular is engaged in the actual performance of duties This title may be cited as the ‘‘National Com- members of the Air Force to provide a base of vested in the Commission. mission on the Structure of the Air Force Act of trained personnel from which the personnel of SEC. 1609. EXECUTIVE DIRECTOR. 2012’’. the reserve components of the Air Force could be (a) APPOINTMENT.—The Commission shall ap- SEC. 1702. ESTABLISHMENT OF COMMISSION. recruited; point and fix the rate of basic pay for an Execu- (a) ESTABLISHMENT.—There is established the (E) maintains a peacetime rotation force to tive Director in accordance with section 3161 of National Commission on the Structure of the Air avoid exceeding operational tempo goals of 1:2 title 5, United States Code. Force (in this title referred to as the ‘‘Commis- for regular members of the Air Forces and 1:5 for (b) LIMITATIONS.—The Executive Director may sion’’). members of the reserve components of the Air not have served on active duty in the Armed (b) MEMBERSHIP.— Force; and Forces or as a civilian employee of the Depart- (1) COMPOSITION.—The Commission shall be (F) maximizes achievable costs savings. ment of Defense during the one-year period pre- composed of eight members, of whom— (b) REPORT.—Not later than March 31, 2014, ceding the date of such appointment and may (A) four shall be appointed by the President, the Commission shall submit to the President not have been employed by a veterans service of whom one shall be the Chairman of the Re- and the congressional defense committees a reorganization or a military-related advocacy serve Forces Policy Board; port which shall contain a detailed statement of group or association during that one-year pe- (B) one shall be appointed by the Chairman of the findings and conclusions of the Commission riod. the Committee on Armed Services of the Senate; as a result of the study required by subsection (a), together with its recommendations for such SEC. 1610. STAFF. (C) one shall be appointed by the Ranking legislation and administrative actions as it con- (a) IN GENERAL.—Subject to subsections (b) Member of the Committee on Armed Services of and (c), the Executive Director, with the ap- the Senate; siders appropriate in light of the results of the proval of the Commission, may appoint and fix (D) one shall be appointed by the Chairman of study. the rate of basic pay for additional personnel as the Committee on Armed Services of the House SEC. 1704. POWERS OF THE COMMISSION. staff of the Commission in accordance with sec- of Representatives; and (a) HEARINGS.—The Commission may hold tion 3161 of title 5, United States Code. (E) one shall be appointed by the Ranking such hearings, sit and act at such times and (b) LIMITATIONS ON STAFF.— Member of the Committee on Armed Services of places, take such testimony, and receive such (1) NUMBER OF DETAILEES FROM DEPARTMENT the House of Representatives. evidence as the Commission considers advisable OF DEFENSE.—Not more than one-third of the (2) APPOINTMENT DATE.—The appointments of to carry out this title. personnel employed by or detailed to the Com- the members of the Commission shall be made (b) INFORMATION FROM FEDERAL AGENCIES.— mission may be on detail from the Department of not later than 90 days after the date of the en- The Commission may secure directly from any Defense. actment of this Act. Federal department or agency such information (2) PRIOR DUTIES WITHIN DEPARTMENT OF DE- (3) EFFECT OF LACK OF APPOINTMENT BY AP- as the Commission considers necessary to carry FENSE.—A person may not be detailed from the POINTMENT DATE.—If one or more appointments out this title. Upon request of the Chair of the Department of Defense to the Commission if, in under subparagraph (A) of paragraph (1) is not Commission, the head of such department or the year before the detail is to begin, that per- made by the appointment date specified in para- agency shall furnish such information to the son participated personally and substantially in graph (2), the authority to make such appoint- Commission. any matter within the Department concerning ment or appointments shall expire, and the (c) POSTAL SERVICES.—The Commission may the preparation of recommendations for military number of members of the Commission shall be use the United States mails in the same manner compensation and retirement modernization. reduced by the number equal to the number of and under the same conditions as other depart- (3) NUMBER OF DETAILEES ELIGIBLE FOR MILI- appointments so not made. If an appointment ments and agencies of the Federal Government. TARY RETIRED PAY.—Not more than one-fourth under subparagraph (B), (C), (D), or (E) of (d) GIFTS.—The Commission may accept, use, of the personnel employed by or detailed to the paragraph (1) is not made by the appointment and dispose of gifts or donations of services or Commission may be persons eligible for or receiv- date specified in paragraph (2), the authority to property. ing military retired pay. make an appointment under such subparagraph SEC. 1705. COMMISSION PERSONNEL MATTERS. (4) PRIOR EMPLOYMENT WITH CERTAIN ORGANI- shall expire, and the number of members of the (a) COMPENSATION OF MEMBERS.—Each mem- ZATIONS.—A person may not be employed by or Commission shall be reduced by the number ber of the Commission who is not an officer or

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employee of the Federal Government shall be SEC. 1709. FUNDING FOR MAINTENANCE OF (1) ADMINISTRATOR OF FEMA.—The Federal compensated at a rate equal to the daily equiva- FORCE STRUCTURE OF THE AIR Fire Prevention and Control Act of 1974 (15 lent of the annual rate of basic pay prescribed FORCE PENDING COMMISSION REC- U.S.C. 2201 et seq.) is amended by striking ‘‘Di- for level IV of the Executive Schedule under sec- OMMENDATIONS. rector’’ each place it appears and inserting ‘‘Ad- tion 5315 of title 5, United States Code, for each There is hereby authorized to be appropriated ministrator of FEMA’’. day (including travel time) during which such to the Department of Defense for fiscal year (2) ADMINISTRATOR OF FEMA’S AWARD.—Sec- member is engaged in the performance of the du- 2013, $1,400,000,000 for the force structure of the tion 15 of such Act (15 U.S.C. 2214) is amended ties of the Commission. All members of the Com- Air Force. The amount authorized to be appro- by striking ‘‘Director’s Award’’ each place it ap- mission who are officers or employees of the priated by this section is in addition to any pears and inserting ‘‘Administrator’s Award’’. other amounts authorized to be appropriated by United States shall serve without compensation SEC. 1803. ASSISTANCE TO FIREFIGHTERS in addition to that received for their services as this Act. GRANTS. officers or employees of the United States. SEC. 1710. RETENTION OF CORE FUNCTIONS OF Section 33 of the Federal Fire Prevention and THE ELECTRONIC SYSTEMS CENTER (b) TRAVEL EXPENSES.—The members of the Control Act of 1974 (15 U.S.C. 2229) is amended AT HANSCOM AIR FORCE BASE to read as follows: Commission shall be allowed travel expenses, in- PENDING FUTURE STRUCTURE cluding per diem in lieu of subsistence, at rates STUDY. ‘‘SEC. 33. FIREFIGHTER ASSISTANCE. authorized for employees of agencies under sub- The Secretary of the Air Force shall retain the ‘‘(a) DEFINITIONS.—In this section: chapter I of chapter 57 of title 5, United States current leadership rank and core functions of ‘‘(1) ADMINISTRATOR OF FEMA.—The term ‘Ad- Code, while away from their homes or regular the Electronic Systems Center at Hanscom Air ministrator of FEMA’ means the Administrator places of business in the performance of services Force Base with the same integrated mission ele- of FEMA, acting through the Administrator. for the Commission. ments, responsibilities, and capabilities as ex- ‘‘(2) AVAILABLE GRANT FUNDS.—The term (c) STAFF.— isted as of November 1, 2011, until 180 days after ‘available grant funds’, with respect to a fiscal year, means those funds appropriated pursuant (1) IN GENERAL.—The Chair of the Commission the National Commission on the Structure of the may, without regard to the civil service laws Air Force submits to the congressional defense to the authorization of appropriations in sub- and regulations, appoint and terminate an exec- committees the report required under section section (q)(1) for such fiscal year less any funds utive director and such other additional per- 1703. used for administrative costs pursuant to subsection (q)(2) in such fiscal year. sonnel as may be necessary to enable the Com- SEC. 1711. AIR FORCE ASSESSMENTS OF THE EF- ‘‘(3) CAREER FIRE DEPARTMENT.—The term mission to perform its duties. The employment of FECTS OF PROPOSED MOVEMENTS ‘career fire department’ means a fire department an executive director shall be subject to con- OF AIRFRAMES ON JOINT READI- that has an all-paid force of firefighting per- firmation by the Commission. NESS TRAINING. The Secretary of the Air Force shall— sonnel other than paid-on-call firefighters. (2) COMPENSATION.—The Chair of the Commis- (1) undertake an assessment of the effects of ‘‘(4) COMBINATION FIRE DEPARTMENT.—The sion may fix the compensation of the executive term ‘combination fire department’ means a fire director and other personnel without regard to currently-proposed movements of Air Force airframes on Green Flag East and Green Flag West department that has— chapter 51 and subchapter III of chapter 53 of ‘‘(A) paid firefighting personnel; and title 5, United States Code, relating to classifica- joint readiness training; and (2) if the Secretary determines it appropriate, ‘‘(B) volunteer firefighting personnel. tion of positions and General Schedule pay submit to the congressional defense committees a ‘‘(5) FIREFIGHTING PERSONNEL.—The term rates, except that the rate of pay for the execu- report setting forth a proposal to make future ‘firefighting personnel’ means individuals, in- tive director and other personnel may not exceed replacements of capabilities for purposes of aug- cluding volunteers, who are firefighters, officers the rate payable for level V of the Executive menting training at the joint readiness training of fire departments, or emergency medical serv- Schedule under section 5316 of such title. center (JRTC) or for such other purposes as the ice personnel of fire departments. (d) DETAIL OF GOVERNMENT EMPLOYEES.— Secretary considers appropriate. ‘‘(6) INSTITUTION OF HIGHER EDUCATION.—The Any Federal Government employee may be de- term ‘institution of higher education’ has the tailed to the Commission without reimburse- TITLE XVIII—FEDERAL ASSISTANCE TO meaning given such term in section 101 of the ment, and such detail shall be without interrup- FIRE DEPARTMENTS Higher Education Act of 1965 (20 U.S.C. 1001). tion or loss of civil service status or privilege. Subtitle A—Fire Grants Reauthorization ‘‘(7) NONAFFILIATED EMS ORGANIZATION.—The (e) PROCUREMENT OF TEMPORARY AND INTER- SEC. 1801. SHORT TITLE. term ‘nonaffiliated EMS organization’ means a MITTENT SERVICES.—The Chair of the Commis- This subtitle may be cited as the ‘‘Fire Grants public or private nonprofit emergency medical sion may procure temporary and intermittent Reauthorization Act of 2012’’. services organization that is not affiliated with a hospital and does not serve a geographic area services under section 3109(b) of title 5, United SEC. 1802. AMENDMENTS TO DEFINITIONS. in which the Administrator of FEMA finds that States Code, at rates for individuals which do (a) IN GENERAL.—Section 4 of the Federal Fire emergency medical services are adequately pro- not exceed the daily equivalent of the annual Prevention and Control Act of 1974 (15 U.S.C. vided by a fire department. rate of basic pay prescribed for level V of the 2203) is amended— ‘‘(8) PAID-ON-CALL.—The term ‘paid-on-call’ Executive Schedule under section 5316 of such (1) in paragraph (3), by inserting ‘‘, except as with respect to firefighting personnel means title. otherwise provided,’’ after ‘‘means’’; firefighting personnel who are paid a stipend SEC. 1706. TERMINATION OF THE COMMISSION. (2) in paragraph (4), by striking ‘‘ ‘Director’ for each event to which they respond. means’’ and all that follows through ‘‘Agency;’’ The Commission shall terminate 90 days after ‘‘(9) VOLUNTEER FIRE DEPARTMENT.—The term the date on which the Commission submits its and inserting ‘‘ ‘Administrator of FEMA’ means ‘volunteer fire department’ means a fire depart- report under section 1703. the Administrator of the Federal Emergency ment that has an all-volunteer force of fire- Management Agency;’’; SEC. 1707. FUNDING. fighting personnel. (3) in paragraph (5)— ‘‘(b) ASSISTANCE PROGRAM.— Amounts authorized to be appropriated for (A) by inserting ‘‘Indian tribe,’’ after ‘‘coun- fiscal year 2013 and available for operation and ‘‘(1) AUTHORITY.—In accordance with this ty,’’; and section, the Administrator of FEMA may maintenance for the Air Force as specified in (B) by striking ‘‘and ‘firecontrol’ ’’ and insert- the funding table in section 4301 may be avail- award— ing ‘‘and ‘fire control’ ’’; ‘‘(A) assistance to firefighters grants under able for the activities of the Commission under (4) by redesignating paragraphs (6) through this title. subsection (c); and (9) as paragraphs (7) through (10), respectively; ‘‘(B) fire prevention and safety grants and SEC. 1708. LIMITATION ON AVAILABILITY OF (5) by inserting after paragraph (5), the fol- other assistance under subsection (d). FUNDS FOR REDUCTIONS TO THE lowing: ‘‘(2) ADMINISTRATIVE ASSISTANCE.—The Ad- AIR NATIONAL GUARD AND THE AIR ‘‘(6) ‘Indian tribe’ has the meaning given that ministrator of FEMA shall— FORCE RESERVE. term in section 4 of the Indian Self-Determina- ‘‘(A) establish specific criteria for the selection (a) IN GENERAL.—None of the funds author- tion and Education Assistance Act (25 U.S.C. of grant recipients under this section; and ized to be appropriated by this Act or otherwise 450b) and ‘tribal’ means of or pertaining to an ‘‘(B) provide assistance with application prep- made available for fiscal year 2013 for the Air Indian tribe;’’; aration to applicants for such grants. Force may be used to divest, retire, or transfer, (6) by redesignating paragraphs (9) and (10), ‘‘(c) ASSISTANCE TO FIREFIGHTERS GRANTS.— or prepare to divest, retire, or transfer, any air- as redesignated by paragraph (4), as paragraphs ‘‘(1) IN GENERAL.—The Administrator of craft of the Air Force assigned to units of the (10) and (11); FEMA may, in consultation with the chief ex- Air National Guard or Air Force Reserve as of (7) by inserting after paragraph (8), as redes- ecutives of the States in which the recipients are May 31, 2012. ignated by paragraph (4), the following: located, award grants on a competitive basis di- (b) EXCEPTION.—The Secretary of the Air ‘‘(9) ‘Secretary’ means, except as otherwise rectly to— Force may divest or retire, or prepare to divest provided, the Secretary of Homeland Security;’’; ‘‘(A) fire departments, for the purpose of pro- or retire, C–5A aircraft if the Secretary replaces and tecting the health and safety of the public and such aircraft through a transfer of C–5B, C–5M, (8) by amending paragraph (10), as redesig- firefighting personnel throughout the United or C–17 mobility aircraft so as to maintain all nated by paragraph (6), to read as follows: States against fire, fire-related, and other haz- Air National Guard and Air Force Reserve units ‘‘(10) ‘State’ has the meaning given the term ards; impacted by such divestment or retirement at in section 2 of the Homeland Security Act of ‘‘(B) nonaffiliated EMS organizations to sup- current or higher assigned manpower levels to 2002 (6 U.S.C. 101).’’. port the provision of emergency medical services; operate the aircraft so transferred. (b) CONFORMING AMENDMENTS.— and

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00133 Fmt 4624 Sfmt 6333 E:\CR\FM\A12DE6.041 S12DEPT1 tjames on DSK6SPTVN1PROD with S7886 CONGRESSIONAL RECORD — SENATE December 12, 2012 ‘‘(C) State fire training academies for the pur- ‘‘(I) To acquire personal protective equipment, ‘‘(B) An analysis of the costs and benefits, poses described in subparagraphs (G), (H), and including personal protective equipment— with respect to public safety, of the use for (I) of paragraph (3). ‘‘(i) prescribed for firefighting personnel by which a grant is requested. ‘‘(2) MAXIMUM GRANT AMOUNTS.— the Occupational Safety and Health Adminis- ‘‘(C) An agreement to provide information to ‘‘(A) POPULATION.—The Administrator of tration of the Department of Labor; or the national fire incident reporting system for FEMA may not award a grant under this sub- ‘‘(ii) for responding to a natural disaster or the period covered by the grant. section in excess of amounts as follows: act of terrorism or other man-made disaster, in- ‘‘(D) A list of other sources of funding re- ‘‘(i) In the case of a recipient that serves a ju- cluding the use of a weapon of mass destruc- ceived by the applicant— risdiction with 100,000 people or fewer, the tion. ‘‘(i) for the same purpose for which the appli- amount of the grant awarded to such recipient ‘‘(J) To modify fire stations, fire training fa- cation for a grant under this section was sub- shall not exceed $1,000,000 in any fiscal year. cilities, and other facilities to protect the health mitted; or ‘‘(ii) In the case of a recipient that serves a ju- and safety of firefighting personnel. ‘‘(ii) from the Federal Government for other risdiction with more than 100,000 people but not ‘‘(K) To educate the public about arson pre- fire-related purposes. more than 500,000 people, the amount of the vention and detection. ‘‘(E) Such other information as the Adminis- grant awarded to such recipient shall not exceed ‘‘(L) To provide incentives for the recruitment trator of FEMA determines appropriate. $2,000,000 in any fiscal year. and retention of volunteer firefighting personnel ‘‘(3) JOINT OR REGIONAL APPLICATIONS.— ‘‘(iii) In the case of a recipient that serves a for volunteer firefighting departments and other ‘‘(A) IN GENERAL.—Two or more entities may jurisdiction with more than 500,000 but not more firefighting departments that utilize volunteers. submit an application under paragraph (1) for a than 1,000,000 people, the amount of the grant ‘‘(M) To support such other activities, con- grant under this section to fund a joint program awarded to such recipient shall not exceed sistent with the purposes of this subsection, as or initiative, including acquisition of shared $3,000,000 in any fiscal year. the Administrator of FEMA determines appro- equipment or vehicles. ‘‘(iv) In the case of a recipient that serves a priate. ‘‘(B) NONEXCLUSIVITY.—Applications under jurisdiction with more than 1,000,000 people but ‘‘(d) FIRE PREVENTION AND SAFETY GRANTS.— this paragraph may be submitted instead of or not more than 2,500,000 people, the amount of ‘‘(1) IN GENERAL.—For the purpose of assisting in addition to any other application submitted the grant awarded to such recipient shall not fire prevention programs and supporting fire- under paragraph (1). exceed $6,000,000 for any fiscal year. fighter health and safety research and develop- ‘‘(C) GUIDANCE.—The Administrator of FEMA ‘‘(v) In the case of a recipient that serves a ju- ment, the Administrator of FEMA may, on a shall— risdiction with more than 2,500,000 people, the competitive basis— ‘‘(i) publish guidance on applying for and ad- amount of the grant awarded to such recipient ‘‘(A) award grants to fire departments; ministering grants awarded for joint programs shall not exceed $9,000,000 in any fiscal year. ‘‘(B) award grants to, or enter into contracts and initiatives described in subparagraph (A); ‘‘(B) AGGREGATE.— or cooperative agreements with, national, State, and ‘‘(i) IN GENERAL.—Notwithstanding subpara- local, tribal, or nonprofit organizations that are ‘‘(ii) encourage applicants to apply for grants graphs (A) and (B) and except as provided not fire departments and that are recognized for for joint programs and initiatives described in under clause (ii), the Administrator of FEMA their experience and expertise with respect to subparagraph (A) as the Administrator of may not award a grant under this subsection in fire prevention or fire safety programs and ac- FEMA determines appropriate to achieve greater a fiscal year in an amount that exceeds the tivities and firefighter research and development cost effectiveness and regional efficiency. amount that is one percent of the available programs, for the purpose of carrying out— ‘‘(f) PEER REVIEW OF GRANT APPLICATIONS.— grant funds in such fiscal year. ‘‘(i) fire prevention programs; and ‘‘(1) IN GENERAL.—The Administrator of ‘‘(ii) EXCEPTION.—The Administrator of ‘‘(ii) research to improve firefighter health FEMA shall, after consultation with national FEMA may waive the limitation in clause (i) and life safety; and fire service and emergency medical services or- with respect to a grant recipient if the Adminis- ‘‘(C) award grants to institutions of higher ganizations, appoint fire service personnel to trator of FEMA determines that such recipient education, national fire service organizations, conduct peer reviews of applications received has an extraordinary need for a grant in an or national fire safety organizations to establish under subsection (e)(1). amount that exceeds the limit under clause (i). and operate fire safety research centers. ‘‘(2) APPLICABILITY OF FEDERAL ADVISORY ‘‘(3) USE OF GRANT FUNDS.—Each entity re- ‘‘(2) MAXIMUM GRANT AMOUNT.—A grant COMMITTEE ACT.—The Federal Advisory Com- ceiving a grant under this subsection shall use awarded under this subsection may not exceed mittee Act (5 U.S.C. App.) shall not apply to ac- the grant for one or more of the following pur- $1,500,000 for a fiscal year. tivities carried out pursuant to this subsection. poses: ‘‘(3) USE OF GRANT FUNDS.—Each entity re- ‘‘(g) PRIORITIZATION OF GRANT AWARDS.—In ‘‘(A) To train firefighting personnel in— ceiving a grant under this subsection shall use awarding grants under this section, the Admin- ‘‘(i) firefighting; the grant for one or more of the following pur- istrator of FEMA shall consider the following: ‘‘(ii) emergency medical services and other poses: ‘‘(1) The findings and recommendations of the emergency response (including response to nat- ‘‘(A) To enforce fire codes and promote com- peer reviews carried out under subsection (f). ural disasters, acts of terrorism, and other man- pliance with fire safety standards. ‘‘(2) The degree to which an award will re- made disasters); ‘‘(B) To fund fire prevention programs, in- duce deaths, injuries, and property damage by ‘‘(iii) arson prevention and detection; cluding programs that educate the public about reducing the risks associated with fire-related ‘‘(iv) maritime firefighting; or arson prevention and detection. ‘‘(v) the handling of hazardous materials. and other hazards. ‘‘(C) To fund wildland fire prevention pro- ‘‘(B) To train firefighting personnel to provide ‘‘(3) The extent of the need of an applicant for grams, including education, awareness, and any of the training described under subpara- a grant under this section and the need to pro- mitigation programs that protect lives, property, graph (A). tect the United States as a whole. ‘‘(C) To fund the creation of rapid interven- and natural resources from fire in the wildland- ‘‘(4) The number of calls requesting or requir- tion teams to protect firefighting personnel at urban interface. ing a fire fighting or emergency medical re- the scenes of fires and other emergencies. ‘‘(D) In the case of a grant awarded under sponse received by an applicant. ‘‘(D) To certify— paragraph (1)(C), to fund the establishment or ‘‘(h) ALLOCATION OF GRANT AWARDS.—In ‘‘(i) fire inspectors; and operation of a fire safety research center for the awarding grants under this section, the Admin- ‘‘(ii) building inspectors— purpose of significantly reducing the number of istrator of FEMA shall ensure that of the avail- ‘‘(I) whose responsibilities include fire safety fire-related deaths and injuries among fire- able grant funds in each fiscal year— inspections; and fighters and the general public through re- ‘‘(1) not less than 25 percent are awarded ‘‘(II) who are employed by or serving as vol- search, development, and technology transfer under subsection (c) to career fire departments; unteers with a fire department. activities. ‘‘(2) not less than 25 percent are awarded ‘‘(E) To establish wellness and fitness pro- ‘‘(E) To support such other activities, con- under subsection (c) to volunteer fire depart- grams for firefighting personnel to ensure that sistent with the purposes of this subsection, as ments; the firefighting personnel are able to carry out the Administrator of FEMA determines appro- ‘‘(3) not less than 25 percent are awarded their duties as firefighters, including programs priate. under subsection (c) to combination fire depart- dedicated to raising awareness of, and preven- ‘‘(4) LIMITATION.—None of the funds made ments and fire departments using paid-on-call tion of, job-related mental health issues. available under this subsection may be provided firefighting personnel; ‘‘(F) To fund emergency medical services pro- to the Association of Community Organizations ‘‘(4) not less than 10 percent are available for vided by fire departments and nonaffiliated for Reform Now (ACORN) or any of its affili- open competition among career fire departments, EMS organizations. ates, subsidiaries, or allied organizations. volunteer fire departments, combination fire de- ‘‘(G) To acquire additional firefighting vehi- ‘‘(e) APPLICATIONS FOR GRANTS.— partments, and fire departments using paid-on- cles, including fire trucks and other apparatus. ‘‘(1) IN GENERAL.—An entity seeking a grant call firefighting personnel for grants awarded ‘‘(H) To acquire additional firefighting equip- under this section shall submit to the Adminis- under subsection (c); ment, including equipment for— trator of FEMA an application therefor in such ‘‘(5) not less than 10 percent are awarded ‘‘(i) fighting fires with foam in remote areas form and in such manner as the Administrator under subsection (d); and without access to water; and of FEMA determines appropriate. ‘‘(6) not more than 2 percent are awarded ‘‘(ii) communications, monitoring, and re- ‘‘(2) ELEMENTS.—Each application submitted under this section to nonaffiliated EMS organi- sponse to a natural disaster, act of terrorism, or under paragraph (1) shall include the following: zations described in subsection (c)(1)(B). other man-made disaster, including the use of a ‘‘(A) A description of the financial need of the ‘‘(i) ADDITIONAL REQUIREMENTS AND LIMITA- weapon of mass destruction. applicant for the grant. TIONS.—

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‘‘(1) FUNDING FOR EMERGENCY MEDICAL SERV- ‘‘(i) IN GENERAL.—Not later than 90 days after determining what constitutes economic hardship ICES.—Not less than 3.5 percent of the available the date of the enactment of the Fire Grants Re- for purposes of this paragraph. grant funds for a fiscal year shall be awarded authorization Act of 2012, the Administrator of ‘‘(ii) CONSULTATION.—In developing guidelines under this section for purposes described in sub- FEMA shall convene a workshop of the fire under clause (i), the Administrator of FEMA section (c)(3)(F). safety research community, fire service organi- shall consult with individuals who are— ‘‘(2) STATE FIRE TRAINING ACADEMIES.— zations, and other appropriate stakeholders to ‘‘(I) recognized for expertise in firefighting, ‘‘(A) MAXIMUM SHARE.—Not more than 3 per- identify and prioritize fire safety research emergency medical services provided by fire cent of the available grant funds for a fiscal needs. services, or the economic affairs of State and year may be awarded under subsection (c)(1)(C). ‘‘(ii) PUBLICATION.—The Administrator of local governments; and ‘‘(B) MAXIMUM GRANT AMOUNT.—The Admin- FEMA shall ensure that the results of the work- ‘‘(II) members of national fire service organi- istrator of FEMA may not award a grant under shop are made available to the public. zations or national organizations representing subsection (c)(1)(C) to a State fire training ‘‘(C) LIMITATIONS ON GRANTS FOR FIRE SAFETY the interests of State and local governments. academy in an amount that exceeds $1,000,000 in RESEARCH CENTERS.— ‘‘(iii) CONSIDERATIONS.—In developing guide- any fiscal year. ‘‘(i) IN GENERAL.—The Administrator of lines under clause (i), the Administrator of ‘‘(3) AMOUNTS FOR PURCHASING FIREFIGHTING FEMA may award grants under subsection (d) FEMA shall consider, with respect to relevant VEHICLES.—Not more than 25 percent of the to establish not more than 3 fire safety research communities, the following: available grant funds for a fiscal year may be centers. ‘‘(I) Changes in rates of unemployment from used to assist grant recipients to purchase vehi- ‘‘(ii) RECIPIENTS.—An institution of higher previous years. cles pursuant to subsection (c)(3)(G). education, a national fire service organization, ‘‘(II) Whether the rates of unemployment of ‘‘(j) FURTHER CONSIDERATIONS.— and a national fire safety organization may not the relevant communities are currently and have ‘‘(1) ASSISTANCE TO FIREFIGHTERS GRANTS TO directly receive a grant under subsection (d) for consistently exceeded the annual national aver- FIRE DEPARTMENTS.—In considering applica- a fiscal year for more than 1 fire safety research age rates of unemployment. tions for grants under subsection (c)(1)(A), the center. ‘‘(III) Changes in percentages of individuals Administrator of FEMA shall consider— ‘‘(5) AVOIDING DUPLICATION.—The Adminis- eligible to receive food stamps from previous ‘‘(A) the extent to which the grant would en- trator of FEMA shall review lists submitted by years. hance the daily operations of the applicant and applicants pursuant to subsection (e)(2)(D) and ‘‘(IV) Such other factors as the Administrator the impact of such a grant on the protection of take such actions as the Administrator of FEMA of FEMA considers appropriate. lives and property; and considers necessary to prevent unnecessary du- ‘‘(C) CERTAIN APPLICANTS FOR FIRE PREVEN- ‘‘(B) a broad range of factors important to the plication of grant awards. TION AND SAFETY GRANTS.—The authority under applicant’s ability to respond to fires and re- ‘‘(k) MATCHING AND MAINTENANCE OF EX- subparagraph (A) shall not apply with respect lated hazards, such as the following: PENDITURE REQUIREMENTS.— to a nonprofit organization that— ‘‘(i) Population served. ‘‘(1) MATCHING REQUIREMENT FOR ASSISTANCE ‘‘(i) is described in subsection (d)(1)(B); and ‘‘(ii) Geographic response area. TO FIREFIGHTERS GRANTS.— ‘‘(ii) is not a fire department or emergency ‘‘(iii) Hazards vulnerability. ‘‘(A) IN GENERAL.—Except as provided in sub- medical services organization. ‘‘(iv) Call volume. paragraph (B), an applicant seeking a grant to ‘‘(l) GRANT GUIDELINES.— ‘‘(v) Financial situation, including unemploy- carry out an activity under subsection (c) shall ‘‘(1) GUIDELINES.—For each fiscal year, prior ment rate of the area being served. agree to make available non-Federal funds to to awarding any grants under this section, the ‘‘(vi) Need for training or equipment. carry out such activity in an amount equal to Administrator of FEMA shall publish in the ‘‘(2) APPLICATIONS FROM NONAFFILIATED EMS not less than 15 percent of the grant awarded to Federal Register— ORGANIZATIONS.—In the case of an application such applicant under such subsection. ‘‘(A) guidelines that describe— submitted under subsection (e)(1) by a non- ‘‘(B) EXCEPTION FOR ENTITIES SERVING SMALL ‘‘(i) the process for applying for grants under affiliated EMS organization, the Administrator COMMUNITIES.—In the case that an applicant this section; and of FEMA shall consider the extent to which seeking a grant to carry out an activity under ‘‘(ii) the criteria that will be used for selecting other sources of Federal funding are available subsection (c) serves a jurisdiction of— grant recipients; and to the applicant to provide the assistance re- ‘‘(i) more than 20,000 residents but not more ‘‘(B) an explanation of any differences be- quested in such application. than 1,000,000 residents, the application shall tween such guidelines and the recommendations ‘‘(3) AWARDING FIRE PREVENTION AND SAFETY agree to make available non-Federal funds in obtained under paragraph (2). GRANTS TO CERTAIN ORGANIZATIONS THAT ARE an amount equal to not less than 10 percent of ‘‘(2) ANNUAL MEETING TO OBTAIN REC- NOT FIRE DEPARTMENTS.—In the case of appli- the grant awarded to such applicant under such OMMENDATIONS.— cants for grants under this section who are de- subsection; and ‘‘(A) IN GENERAL.—For each fiscal year, the scribed in subsection (d)(1)(B), the Adminis- ‘‘(ii) 20,000 residents or fewer, the applicant Administrator of FEMA shall convene a meeting trator of FEMA shall give priority to applicants shall agree to make available non-Federal funds of qualified members of national fire service or- who focus on— in an amount equal to not less than 5 percent of ganizations and, at the discretion of the Admin- ‘‘(A) prevention of injuries to high risk groups the grant awarded to such applicant under such istrator of FEMA, qualified members of emer- from fire; and subsection. gency medical service organizations to obtain ‘‘(B) research programs that demonstrate a ‘‘(2) MATCHING REQUIREMENT FOR FIRE PRE- recommendations regarding the following: potential to improve firefighter safety. VENTION AND SAFETY GRANTS.— ‘‘(i) Criteria for the awarding of grants under ‘‘(4) AWARDING GRANTS FOR FIRE SAFETY RE- ‘‘(A) IN GENERAL.—An applicant seeking a this section. SEARCH CENTERS.— grant to carry out an activity under subsection ‘‘(ii) Administrative changes to the assistance ‘‘(A) CONSIDERATIONS.—In awarding grants (d) shall agree to make available non-Federal program established under subsection (b). under subsection (d)(1)(C), the Administrator of funds to carry out such activity in an amount ‘‘(B) QUALIFIED MEMBERS.—For purposes of FEMA shall— equal to not less than 5 percent of the grant this paragraph, a qualified member of an orga- ‘‘(i) select each grant recipient on— awarded to such applicant under such sub- nization is a member who— ‘‘(I) the demonstrated research and extension section. ‘‘(i) is recognized for expertise in firefighting resources available to the recipient to carry out ‘‘(B) MEANS OF MATCHING.—An applicant for or emergency medical services; the research, development, and technology a grant under subsection (d) may meet the ‘‘(ii) is not an employee of the Federal Gov- transfer activities; matching requirement under subparagraph (A) ernment; and ‘‘(II) the capability of the recipient to provide through direct funding, funding of complemen- ‘‘(iii) in the case of a member of an emergency leadership in making national contributions to tary activities, or the provision of staff, facili- medical service organization, is a member of an fire safety; ties, services, material, or equipment. organization that represents— ‘‘(III) the recipient’s ability to disseminate the ‘‘(3) MAINTENANCE OF EXPENDITURES.—An ap- ‘‘(I) providers of emergency medical services results of fire safety research; and plicant seeking a grant under subsection (c) or that are affiliated with fire departments; or ‘‘(IV) the strategic plan the recipient proposes (d) shall agree to maintain during the term of ‘‘(II) nonaffiliated EMS providers. to carry out under the grant; the grant the applicant’s aggregate expenditures ‘‘(3) APPLICABILITY OF FEDERAL ADVISORY ‘‘(ii) give special consideration in selecting re- relating to the uses described in subsections COMMITTEE ACT.—The Federal Advisory Com- cipients under subparagraph (A) to an appli- (c)(3) and (d)(3) at not less than 80 percent of mittee Act (5 U.S.C. App.) shall not apply to ac- cant for a grant that consists of a partnership the average amount of such expenditures in the tivities carried out under this subsection. between— 2 fiscal years preceding the fiscal year in which ‘‘(m) ACCOUNTING DETERMINATION.—Notwith- ‘‘(I) a national fire service organization or a the grant amounts are received. standing any other provision of law, for pur- national fire safety organization; and ‘‘(4) WAIVER.— poses of this section, equipment costs shall in- ‘‘(II) an institution of higher education, in- ‘‘(A) IN GENERAL.—Except as provided in sub- clude all costs attributable to any design, pur- cluding a minority-serving institution (as de- paragraph (C)(ii), the Administrator of FEMA chase of components, assembly, manufacture, scribed in section 371(a) of the Higher Education may waive or reduce the requirements of para- and transportation of equipment not otherwise Act of 1965 (20 U.S.C. 1067q(a))); and graphs (1), (2), and (3) in cases of demonstrated commercially available. ‘‘(iii) consider the research needs identified economic hardship. ‘‘(n) ELIGIBLE GRANTEE ON BEHALF OF ALAS- and prioritized through the workshop required ‘‘(B) GUIDELINES.— KA NATIVE VILLAGES.—The Alaska Village Ini- by subparagraph (B)(i). ‘‘(i) IN GENERAL.—The Administrator of tiatives, a non-profit organization incorporated ‘‘(B) RESEARCH NEEDS.— FEMA shall establish and publish guidelines for in the State of Alaska, shall be eligible to apply

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00135 Fmt 4624 Sfmt 6333 E:\CR\FM\A12DE6.041 S12DEPT1 tjames on DSK6SPTVN1PROD with S7888 CONGRESSIONAL RECORD — SENATE December 12, 2012

for and receive a grant or other assistance ‘‘(3) CONGRESSIONALLY DIRECTED SPENDING.— ‘‘(ii) members of national fire service organi- under this section on behalf of Alaska Native Consistent with the requirements in subsections zations or national organizations representing villages. (c)(1) and (d)(1) that grants under those sub- the interests of State and local governments. ‘‘(o) TRAINING STANDARDS.—If an applicant sections be awarded on a competitive basis, none ‘‘(C) CONSIDERATIONS.—In developing guide- for a grant under this section is applying for of the funds appropriated pursuant to this sub- lines under subparagraph (A), the Adminis- such grant to purchase training that does not section may be used for any congressionally di- trator of FEMA shall consider, with respect to meet or exceed any applicable national vol- rected spending item (as defined under the rules relevant communities, the following: untary consensus standards, including those de- of the Senate and the House of Representatives). ‘‘(i) Changes in rates of unemployment from veloped under section 647 of the Post-Katrina ‘‘(r) SUNSET OF AUTHORITIES.—The authority previous years. Emergency Management Reform Act of 2006 (6 to award assistance and grants under this sec- ‘‘(ii) Whether the rates of unemployment of U.S.C. 747), the applicant shall submit to the tion shall expire on the date that is 5 years after the relevant communities are currently and have Administrator of FEMA an explanation of the the date of the enactment of the Fire Grants Re- consistently exceeded the annual national aver- reasons that the training proposed to be pur- authorization Act of 2012.’’. age rates of unemployment. ‘‘(iii) Changes in percentages of individuals chased will serve the needs of the applicant bet- SEC. 1804. STAFFING FOR ADEQUATE FIRE AND ter than training that meets or exceeds such EMERGENCY RESPONSE. eligible to receive food stamps from previous standards. (a) IMPROVEMENTS TO HIRING GRANTS.— years. ‘‘(iv) Such other factors as the Administrator ‘‘(p) ENSURING EFFECTIVE USE OF GRANTS.— (1) TERM OF GRANTS.—Subparagraph (B) of of FEMA considers appropriate.’’. ‘‘(1) AUDITS.—The Administrator of FEMA section 34(a)(1) of the Federal Fire Prevention (e) IMPROVEMENTS TO PERFORMANCE EVALUA- may audit a recipient of a grant awarded under and Control Act of 1974 (15 U.S.C. 2229a(a)(1)) is TION REQUIREMENTS.—Subsection (e) of section this section to ensure that— amended to read as follows: 34 of such Act (15 U.S.C. 2229a), as redesignated ‘‘(A) the grant amounts are expended for the ‘‘(B) Grants made under this paragraph shall by subsection (d)(1) of this section, is amended intended purposes; and be for 3 years and be used for programs to hire ‘‘(B) the grant recipient complies with the renew, additional firefighters.’’. by inserting before the first sentence the fol- quirements of subsection (k). (2) LIMITATION OF PORTION OF COSTS OF HIR- lowing: ‘‘(1) IN GENERAL.—The Administrator of ‘‘(2) PERFORMANCE ASSESSMENT.— ING FIREFIGHTERS.—Subparagraph (E) of such FEMA shall establish a performance assessment ‘‘(A) IN GENERAL.—The Administrator of section is amended to read as follows: FEMA shall develop and implement a perform- ‘‘(E) The portion of the costs of hiring fire- system, including quantifiable performance ance assessment system, including quantifiable fighters provided by a grant under this para- metrics, to evaluate the extent to which grants performance metrics, to evaluate the extent to graph may not exceed— awarded under this section are furthering the which grants awarded under this section are ‘‘(i) 75 percent in the first year of the grant; purposes of this section. ‘‘(ii) 75 percent in the second year of the ‘‘(2) SUBMITTAL OF INFORMATION.—’’. furthering the purposes of this section, includ- (f) REPORT.— ing protecting the health and safety of the pub- grant; and ‘‘(iii) 35 percent in the third year of the (1) IN GENERAL.—Subsection (f) of section 34 of lic and firefighting personnel against fire and such Act (15 U.S.C. 2229a), as redesignated by fire-related hazards. grant.’’. (b) CLARIFICATION REGARDING ELIGIBLE ENTI- subsection (d)(1) of this section, is amended by ‘‘(B) CONSULTATION.—The Administrator of TIES FOR RECRUITMENT AND RETENTION striking ‘‘The authority’’ and all that follows FEMA shall consult with fire service representa- through ‘‘Congress concerning’’ and inserting tives and with the Comptroller General of the GRANTS.—The second sentence of section 34(a)(2) of such Act (15 U.S.C. 2229a(a)(2)) is the following: ‘‘Not later than September 30, United States in developing the assessment sys- 2014, the Administrator of FEMA shall submit to tem required by subparagraph (A). amended by striking ‘‘organizations on a local or statewide basis’’ and inserting ‘‘national, the Committee on Homeland Security and Gov- ‘‘(3) ANNUAL REPORTS TO ADMINISTRATOR OF ernmental Affairs of the Senate and the Com- FEMA.—Not less frequently than once each year State, local, or tribal organizations’’. AXIMUM AMOUNT FOR HIRING A FIRE- mittee on Science and Technology of the House during the term of a grant awarded under this (c) M FIGHTER.—Paragraph (4) of section 34(c) of such of Representatives a report on’’. section, the recipient of the grant shall submit Act (15 U.S.C. 2229a(c)) is amended to read as (2) CONFORMING AMENDMENT.—The heading to the Administrator of FEMA an annual report follows: for subsection (f) of section 34 of such Act (15 describing how the recipient used the grant ‘‘(4) The amount of funding provided under U.S.C. 2229a), as redesignated by subsection amounts. this section to a recipient fire department for (d)(1) of this section, is amended by striking ‘‘(4) ANNUAL REPORTS TO CONGRESS.— hiring a firefighter in any fiscal year may not ‘‘SUNSET AND REPORTS’’ and inserting ‘‘RE- ‘‘(A) IN GENERAL.—Not later than September PORT’’. 30, 2013, and each year thereafter through 2017, exceed— ‘‘(A) in the first year of the grant, 75 percent (g) ADDITIONAL DEFINITIONS.— the Administrator of FEMA shall submit to the of the usual annual cost of a first-year fire- (1) IN GENERAL.—Subsection (i) of section 34 of Committee on Homeland Security and Govern- fighter in that department at the time the grant such Act (15 U.S.C. 2229a), as redesignated by mental Affairs of the Senate and the Committee application was submitted; subsection (d)(1) of this section, is amended— on Science and Technology of the House of Rep- ‘‘(B) in the second year of the grant, 75 per- (A) in the matter before paragraph (1), by resentatives a report that provides— cent of the usual annual cost of a first-year fire- striking ‘‘In this section, the term—’’ and insert- ‘‘(i) information on the performance assess- fighter in that department at the time the grant ing ‘‘In this section:’’; ment system developed under paragraph (2); (B) in paragraph (1)— application was submitted; and (i) by inserting ‘‘The term’’ before ‘‘ ‘fire- and ‘‘(C) in the third year of the grant, 35 percent fighter’ has’’; and ‘‘(ii) using the performance metrics developed of the usual annual cost of a first-year fire- under such paragraph, an evaluation of the ef- (ii) by striking ‘‘; and’’ and inserting a period; fighter in that department at the time the grant (C) by striking paragraph (2); and fectiveness of the grants awarded under this application was submitted.’’. section. (D) by inserting at the end the following: (d) WAIVERS.—Section 34 of such Act (15 ‘‘(2) The terms ‘Administrator of FEMA’, ‘ca- ‘‘(B) ADDITIONAL INFORMATION.—The report U.S.C. 2229a) is amended— due under subparagraph (A) on September 30, reer fire department’, ‘combination fire depart- (1) by redesignating subsections (d) through ment’, and ‘volunteer fire department’ have the 2016, shall also include recommendations for leg- (i) as subsections (e) through (j), respectively; islative changes to improve grants under this meanings given such terms in section 33(a).’’. and (2) CONFORMING AMENDMENT.—Section section. (2) by inserting after subsection (c) the fol- 34(a)(1)(A) of such Act (15 U.S.C. ‘‘(q) AUTHORIZATION OF APPROPRIATIONS.— lowing: 2229a(a)(1)(A)) is amended by striking ‘‘career, ‘‘(1) IN GENERAL.—There is authorized to be ‘‘(d) WAIVERS.— volunteer, and combination fire departments’’ appropriated to carry out this section— ‘‘(1) IN GENERAL.—In a case of demonstrated ‘‘(A) $750,000,000 for fiscal year 2013; and and inserting ‘‘career fire departments, com- economic hardship, the Administrator of FEMA bination fire departments, and volunteer fire de- ‘‘(B) for each of fiscal years 2014 through may— 2017, an amount equal to the amount authorized partments’’. ‘‘(A) waive the requirements of subsection (h) AUTHORIZATION OF APPROPRIATIONS.— for the previous fiscal year increased by the per- (c)(1); or (1) IN GENERAL.—Subsection (j) of section 34 of centage by which— ‘‘(B) waive or reduce the requirements in sub- such Act (15 U.S.C. 2229a), as redesignated by ‘‘(i) the Consumer Price Index (all items, section (a)(1)(E) or subsection (c)(2). subsection (d)(1) of this section, is amended— United States city average) for the previous fis- ‘‘(2) GUIDELINES.— (A) in paragraph (6), by striking ‘‘and’’ at the cal year, exceeds ‘‘(A) IN GENERAL.—The Administrator of end; ‘‘(ii) the Consumer Price Index for the fiscal FEMA shall establish and publish guidelines for (B) in paragraph (7), by striking the period at year preceding the fiscal year described in determining what constitutes economic hardship the end and inserting ‘‘; and’’; and clause (i). for purposes of paragraph (1). (C) by adding at the end the following: ‘‘(2) ADMINISTRATIVE EXPENSES.—Of the ‘‘(B) CONSULTATION.—In developing guide- ‘‘(8) $750,000,000 for fiscal year 2013; and amounts appropriated pursuant to paragraph lines under subparagraph (A), the Adminis- ‘‘(9) for each of fiscal years 2014 through 2017, (1) for a fiscal year, the Administrator of FEMA trator of FEMA shall consult with individuals an amount equal to the amount authorized for may use not more than 5 percent of such who are— the previous fiscal year increased by the per- amounts for salaries and expenses and other ad- ‘‘(i) recognized for expertise in firefighting, centage by which— ministrative costs incurred by the Administrator emergency medical services provided by fire ‘‘(A) the Consumer Price Index (all items, of FEMA in the course of awarding grants and services, or the economic affairs of State and United States city average) for the previous fis- providing assistance under this section. local governments; and cal year, exceeds

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00136 Fmt 4624 Sfmt 6333 E:\CR\FM\A12DE6.041 S12DEPT1 tjames on DSK6SPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — SENATE S7889 ‘‘(B) the Consumer Price Index for the fiscal (1) An assessment of the effect of the amend- volunteer fire departments, combination fire de- year preceding the fiscal year described in sub- ments made by sections 1803 and 1804 on the ef- partments, and fire departments serving commu- paragraph (A).’’. fectiveness, relative allocation, accountability, nities of different sizes, and such other compari- (2) ADMINISTRATIVE EXPENSES.—Such sub- and administration of the grants and assistance sons as Administrator considers relevant. section (j) is further amended— awarded under sections 33 and 34 of the Federal (ii) A description of the challenges faced by (A) in paragraph (9), as added by paragraph Fire Prevention and Control Act of 1974 (15 different types of fire departments and different (1) of this subsection, by redesignating subpara- U.S.C. 2229 and 2229a) after the date of the en- types of communities in complying with the graphs (A) and (B) as clauses (i) and (ii), re- actment of this Act. standards described in paragraph (1). spectively, and moving the left margin of such (2) An evaluation of the extent to which the (c) TASK FORCE TO ENHANCE FIREFIGHTER clauses, as so redesignated, 2 ems to the right; amendments made by sections 1803 and 1804 SAFETY.— (B) by redesignating paragraphs (1) through have enabled recipients of grants and assistance (1) ESTABLISHMENT.—Not later than 60 days (9) as subparagraphs (A) through (I), respec- awarded under such sections 33 and 34 after the after the date of the enactment of this Act, the tively, and moving the left margin of such sub- date of the enactment of this Act to mitigate fire Secretary of Homeland Security shall establish a paragraphs, as so redesignated, 2 ems to the and fire-related and other hazards more effec- task force to be known as the ‘‘Task Force to right; tively. Enhance Firefighter Safety’’ (in this subsection (C) by striking ‘‘There are’’ and inserting the SEC. 1807. STUDIES AND REPORTS ON THE STATE referred to as the ‘‘Task Force’’). following: OF FIRE SERVICES. (2) MEMBERSHIP.— ‘‘(1) IN GENERAL.—There are’’; and (a) DEFINITIONS.—In this section: (A) IN GENERAL.—Members of the Task Force (D) by adding at the end the following: (1) ADMINISTRATOR.—The term ‘‘Adminis- shall be appointed by the Secretary from among ‘‘(2) ADMINISTRATIVE EXPENSES.—Of the trator’’ means the Administrator of the United the general public and shall include the fol- amounts appropriated pursuant to paragraph States Fire Administration. lowing: (1) for a fiscal year, the Administrator of FEMA (2) CAREER FIRE DEPARTMENT, COMBINATION (i) Representatives of national organizations may use not more than 5 percent of such FIRE DEPARTMENT, VOLUNTEER FIRE DEPART- representing firefighters and fire chiefs. (ii) Individuals representing standards-setting amounts to cover salaries and expenses and MENT.—The terms ‘‘career fire department’’, other administrative costs incurred by the Ad- ‘‘combination fire department’’, and ‘‘volunteer and accrediting organizations, including rep- ministrator of FEMA to make grants and pro- fire department’’ have the meanings given such resentatives from the voluntary consensus codes vide assistance under this section.’’. terms in section 33(a) of the Federal Fire Pre- and standards development community. (iii) Such other individuals as the Secretary (3) CONGRESSIONALLY DIRECTED SPENDING.— vention and Control Act of 1974 (15 U.S.C. considers appropriate. Such subsection (j) is further amended by add- 2229(a)), as amended by section 1803. (B) REPRESENTATIVES OF OTHER DEPARTMENTS ing at the end the following: (3) FIRE SERVICE.—The term ‘‘fire service’’ has AND AGENCIES.—The Secretary may invite rep- ‘‘(3) CONGRESSIONALLY DIRECTED SPENDING.— the meaning given such term in section 4 of the resentatives of other Federal departments and Consistent with the requirement in subsection Federal Fire Prevention and Control Act of 1974 agencies that have an interest in fire services to (a) that grants under this section be awarded on (15 U.S.C. 2203). participate in the meetings and other activities a competitive basis, none of the funds appro- (b) STUDY AND REPORT ON COMPLIANCE WITH of the Task Force. priated pursuant to this subsection may be used STAFFING STANDARDS.— (C) NUMBER; TERMS OF SERVICE; PAY AND AL- for any congressionally direct spending item (as (1) STUDY.—The Administrator shall conduct LOWANCES.—The Secretary shall determine the defined under the rules of the Senate and the a study on the level of compliance with national number, terms of service, and pay and allow- House of Representatives).’’. voluntary consensus standards for staffing, ances of members of the Task Force appointed (i) TECHNICAL AMENDMENT.—Section 34 of training, safe operations, personal protective by the Secretary, except that a term of service of such Act (15 U.S.C. 2229a) is amended by strik- equipment, and fitness among the fire services of any such member may not exceed 2 years. ing ‘‘Administrator’’ each place it appears and the United States. (3) RESPONSIBILITIES.—The Task Force shall— inserting ‘‘Administrator of FEMA’’. (2) SURVEY.— (A) consult with the Secretary in the conduct (j) CLERICAL AMENDMENT.—Such section is (A) IN GENERAL.—In carrying out the study of the study required by subsection (b)(1); and further amended in the heading by striking required by paragraph (1), the Administrator (B) develop a plan to enhance firefighter safe- ‘‘EXPANSION OF PRE-SEPTEMBER 11, 2001, shall carry out a survey of fire services to assess ty by increasing fire service compliance with the FIRE GRANT PROGRAM’’ and inserting the the level of compliance of such fire services with standards described in subsection (b)(1), includ- following: ‘‘STAFFING FOR ADEQUATE FIRE the standards described in such paragraph. ing by— AND EMERGENCY RESPONSE’’. (B) ELEMENTS.—The survey required by sub- (i) reviewing and evaluating the report re- (k) SUNSET OF AUTHORITY TO AWARD HIRING paragraph (A) shall— quired by subsection (b)(3)(A) to determine the GRANTS.—Such section is further amended by (i) include career fire departments, volunteer extent of and barriers to achieving compliance adding at the end the following: fire departments, combination fire departments, with the standards described in subsection (b)(1) ‘‘(k) SUNSET OF AUTHORITIES.—The authority and fire departments serving communities of dif- among fire services; and to award assistance and grants under this sec- ferent sizes, and such other distinguishing fac- (ii) considering ways in which the Federal tion shall expire on the date that is 5 years after tors as the Administrator considers relevant; Government, States, and local governments can the date of the enactment of the Fire Grants Re- (ii) employ methods to ensure that the survey promote or encourage fire services to comply authorization Act of 2012.’’. accurately reflects the actual rate of compliance with such standards. SEC. 1805. SENSE OF CONGRESS ON VALUE AND with the standards described in paragraph (1) (4) REPORT.— FUNDING OF ASSISTANCE TO FIRE- among fire services; and (A) IN GENERAL.—Not later than 180 days FIGHTERS AND STAFFING FOR ADE- (iii) determine the extent of barriers and chal- after the date on which the Secretary submits QUATE FIRE AND EMERGENCY RE- lenges to achieving compliance with the stand- the report required by subsection (b)(3)(A), the SPONSE PROGRAMS. ards described in paragraph (1) among fire serv- Task Force shall submit to Congress and the It is the sense of Congress that— ices. Secretary a report on the activities and findings (1) the grants and assistance awarded under (C) AUTHORITY TO CARRY OUT SURVEY WITH of the Task Force. sections 33 and 34 of the Federal Fire Preven- NONPROFIT.—If the Administrator determines (B) CONTENTS.—The report required by sub- tion and Control Act of 1974 (15 U.S.C. 2229 and that it will reduce the costs incurred by the paragraph (A) shall include the following: 2229a) have proven equally valuable in pro- United States Fire Administration in carrying (i) The findings and recommendations of the tecting the health and safety of the public and out the survey required by subparagraph (A), Task Force with respect to the study carried out firefighting personnel throughout the United the Administrator may carry out such survey in under subsection (b)(1). States against fire and fire-related hazards; and conjunction with a nonprofit organization that (ii) The plan developed under paragraph (2) providing parity in funding for the award- has substantial expertise and experience in the (3)(B). ing of grants and assistance under both such following areas: (d) STUDY AND REPORT ON THE NEEDS OF FIRE sections will ensure that the grant and assist- (i) The fire services. SERVICES.— ance programs under such sections can continue (ii) National voluntary consensus standards. (1) STUDY.—The Administrator shall conduct to serve their complementary purposes. (iii) Contemporary survey methods. a study— SEC. 1806. REPORT ON AMENDMENTS TO ASSIST- (3) REPORT ON FINDINGS OF STUDY.— (A) to define the current roles and activities ANCE TO FIREFIGHTERS AND STAFF- (A) IN GENERAL.—Not later than 2 years after associated with fire services on a national, ING FOR ADEQUATE FIRE AND EMER- the date of the enactment of this Act, the Ad- State, regional, and local level; GENCY RESPONSE PROGRAMS. ministrator shall submit to Congress a report on (B) to identify the equipment, staffing, and (a) IN GENERAL.—Not later than September 30, the findings of the Administrator with respect to training required to fulfill the roles and activi- 2016, the Comptroller General of the United the study required by paragraph (1). ties defined under subparagraph (A); States shall submit to the Committee on Home- (B) CONTENTS.—The report required by sub- (C) to conduct an assessment to identify gaps land Security and Governmental Affairs of the paragraph (A) shall include the following: between what fire services currently possess and Senate and the Committee on Science and Tech- (i) An accurate description, based on the re- what they require to meet the equipment, staff- nology of the House of Representatives a report sults of the survey required by paragraph (2)(A), ing, and training needs identified under sub- on the effect of the amendments made by this of the rate of compliance with the standards de- paragraph (B) on a national and State-by-State title. scribed in paragraph (1) among United States basis; and (b) CONTENTS.—The report required by sub- fire services, including a comparison of the rates (D) to measure the impact of the grant and as- section (a) shall include the following: of compliance among career fire departments, sistance program under section 33 of the Federal

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00137 Fmt 4624 Sfmt 6333 E:\CR\FM\A12DE6.041 S12DEPT1 tjames on DSK6SPTVN1PROD with S7890 CONGRESSIONAL RECORD — SENATE December 12, 2012 Fire Prevention and Control Act of 1974 (15 ‘‘(J) $76,490,890 for fiscal year 2014, of which cordance with chapter 89 of title 40, United U.S.C. 2229) in meeting the needs of fire services $2,753,672 shall be used to carry out section 8(f); States Code. and filling the gaps identified under subpara- ‘‘(K) $76,490,890 for fiscal year 2015, of which SEC. 1904. REPEAL OF JOINT RESOLUTIONS. graph (C). $2,753,672 shall be used to carry out section 8(f); Public Law 99–558 (110 Stat. 3144) and Public (2) REPORT.—Not later than 2 years after the ‘‘(L) $76,490,890 for fiscal year 2016, of which Law 100–265 (102 Stat. 39) are repealed. date of the enactment of this title, the Adminis- $2,753,672 shall be used to carry out section 8(f); trator shall submit to Congress a report on the and DIVISION B—MILITARY CONSTRUCTION findings of the Administrator with respect to the ‘‘(M) $76,490,890 for fiscal year 2017, of which AUTHORIZATIONS study conducted under paragraph (1). $2,753,672 shall be used to carry out section SEC. 2001. SHORT TITLE. (e) AUTHORIZATION OF APPROPRIATIONS.— 8(f).’’; and This division may be cited as the ‘‘Military There are authorized to be appropriated to the (4) in subparagraphs (E) through (H), by mov- Construction Authorization Act for Fiscal Year Administrator to carry out this section— ing each margin 2 ems to the left. 2013’’. (1) $600,000 for fiscal year 2013; and SEC. 1815. REMOVAL OF LIMITATION. (2) $600,000 for fiscal year 2014. Section 9(d) of the Federal Fire Prevention SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE SPECI- Subtitle B—Reauthorization of United States and Control Act of 1974 (15 U.S.C. 2208(d)) is FIED BY LAW. Fire Administration amended— (a) EXPIRATION OF AUTHORIZATIONS AFTER (1) by striking ‘‘UPDATE.—’’ and all that fol- SEC. 1811. SHORT TITLE. THREE YEARS.—Except as provided in subsection lows through ‘‘The Administrator’’ and insert- This subtitle may be cited as the ‘‘United (b), all authorizations contained in titles XXI ing ‘‘UPDATE.—The Administrator’’; and States Fire Administration Reauthorization Act through XXVII for military construction (2) by striking paragraph (2). of 2012’’. projects, land acquisition, family housing SEC. 1812. CLARIFICATION OF RELATIONSHIP BE- TITLE XIX—MEMORIAL TO SLAVES AND projects and facilities, and contributions to the TWEEN UNITED STATES FIRE ADMIN- FREE BLACK PERSONS WHO SERVED IN North Atlantic Treaty Organization Security In- ISTRATION AND FEDERAL EMER- THE AMERICAN REVOLUTION vestment Program (and authorizations of appro- GENCY MANAGEMENT AGENCY. SEC. 1901. FINDING. priations therefor) shall expire on the later of— Section 5(c) of the Federal Fire Prevention Congress finds that the contributions of free and Control Act of 1974 (15 U.S.C. 2204) is (1) October 1, 2015; or persons and slaves who fought during the Amer- amended to read as follows: (2) the date of the enactment of an Act au- ican Revolution were of preeminent historical ‘‘(c) DEPUTY ADMINISTRATOR.—The Adminis- thorizing funds for military construction for fis- trator may appoint a Deputy Administrator, and lasting significance to the United States, as cal year 2016. who shall— required by section 8908(b)(1) of title 40, United (b) EXCEPTION.—Subsection (a) shall not ‘‘(1) perform such functions as the Adminis- States Code. apply to authorizations for military construc- trator shall from time to time assign or delegate; SEC. 1902. DEFINITIONS. tion projects, land acquisition, family housing and In this title: projects and facilities, and contributions to the ‘‘(2) act as Administrator during the absence (1) FEDERAL LAND.— North Atlantic Treaty Organization Security In- or disability of the Administrator or in the event (A) IN GENERAL.—The term ‘‘Federal land’’ vestment Program (and authorizations of appro- of a vacancy in the office of Administrator.’’. means the parcel of land— priations therefor), for which appropriated SEC. 1813. MODIFICATION OF AUTHORITY OF AD- (i) identified as ‘‘Area I’’; and funds have been obligated before the later of— MINISTRATOR TO EDUCATE PUBLIC (ii) depicted on the map numbered 869/86501B (1) October 1, 2015; or ABOUT FIRE AND FIRE PREVENTION. and dated June 24, 2003. (2) the date of the enactment of an Act au- Section 6 of the Federal Fire Prevention and (B) EXCLUSION.—The term ‘‘Federal land’’ thorizing funds for fiscal year 2016 for military Control Act of 1974 (15 U.S.C. 2205) is amended does not include the Reserve (as defined in sec- construction projects, land acquisition, family by striking ‘‘to take all steps’’ and all that fol- tion 8902(a) of title 40, United States Code). housing projects and facilities, or contributions lows through ‘‘fire and fire prevention.’’ and in- (2) MEMORIAL.—The term ‘‘memorial’’ means to the North Atlantic Treaty Organization Secu- serting ‘‘to take such steps as the Administrator the memorial authorized to be established under rity Investment Program. considers appropriate to educate the public and section 3(a). overcome public indifference as to fire, fire pre- SEC. 1903. MEMORIAL AUTHORIZATION. TITLE XXI—ARMY MILITARY CONSTRUCTION vention, and individual preparedness.’’. (a) AUTHORIZATION.—In accordance with sub- SEC. 1814. AUTHORIZATION OF APPROPRIATIONS. sections (b) and (c), National Mall Liberty Fund SEC. 2101. AUTHORIZED ARMY CONSTRUCTION Section 17(g)(1) of the Federal Fire Prevention D.C. may establish a memorial on Federal land AND LAND ACQUISITION PROJECTS. and Control Act of 1974 (15 U.S.C. 2216(g)(1)) is in the District of Columbia to honor the more (a) INSIDE THE UNITED STATES.—Using amended— than 5,000 courageous slaves and free Black per- amounts appropriated pursuant to the author- (1) in subparagraph (G), by striking ‘‘and’’ at sons who served as soldiers and sailors or pro- ization of appropriations in section 2103 and the end; vided civilian assistance during the American available for military construction projects in- (2) in subparagraph (H), by striking the pe- Revolution. side the United States as specified in the fund- riod at the end and inserting a semicolon; (b) PROHIBITION ON USE OF FEDERAL FUNDS.— ing table in section 4601, the Secretary of the (3) by adding after subparagraph (H) the fol- National Mall Liberty Fund D.C. may not use Army may acquire real property and carry out lowing: Federal funds to establish the memorial. military construction projects for the installa- ‘‘(I) $76,490,890 for fiscal year 2013, of which (c) APPLICABLE LAW.—National Mall Liberty tions or locations inside the United States, and $2,753,672 shall be used to carry out section 8(f); Fund D.C. shall establish the memorial in ac- in the amounts, set forth in the following table: Army: Inside the United States

State Installation or Location Amount

Alaska ...... Fort Wainwright ...... $10,400,000 Joint Base Elmendorf-Richardson ...... $7,900,000 California ...... Concord ...... $8,900,000 Colorado ...... Fort Carson ...... $18,000,000 Fort McNair ...... $7,200,000 Georgia ...... Fort Benning ...... $16,000,000 Fort Gordon ...... $23,300,000 Fort Stewart ...... $49,650,000 Hawaii ...... Pohakuloa Training Area ...... $29,000,000 Schofield Barracks ...... $96,000,000 Wheeler Army Air Field ...... $85,000,000 Kansas ...... Fort Riley ...... $12,200,000 Kentucky ...... Fort Campbell ...... $81,800,000 Fort Knox ...... $6,000,000 Missouri ...... Fort Leonard Wood ...... $123,000,000 New Jersey ...... Joint Base McGuire-Dix-Lakehurst ...... $47,000,000 Picatinny Arsenal ...... $10,200,000 New York ...... Fort Drum ...... $95,000,000

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State Installation or Location Amount

North Carolina ...... Fort Bragg ...... $68,000,000 Oklahoma ...... Fort Sill ...... $4,900,000 South Carolina ...... Fort Jackson ...... $24,000,000 Texas ...... Corpus Christi ...... $37,200,000 Fort Bliss ...... $7,200,000 Fort Hood ...... $51,200,000 Joint Base San Antonio ...... $21,000,000 Virginia ...... Fort Belvoir ...... $94,000,000 Fort Lee ...... $81,000,000 Washington ...... Joint Base Lewis McChord ...... $164,000,000 Yakima ...... $5,100,000

(b) OUTSIDE THE UNITED STATES.—Using side the United States as specified in the fund- tions or locations outside the United States, and amounts appropriated pursuant to the authoring table in section 4601, the Secretary of the in the amounts, set forth in the following table: ization of appropriations in section 2103 and Army may acquire real property and carry out available for military construction projects out- military construction projects for the installa- Army: Outside the United States

Country Installation or Location Amount

Italy ...... Camp Ederle ...... $36,000,000 Vicenza ...... $32,000,000 Japan ...... Okinawa ...... $78,000,000 Sagami ...... $18,000,000 Korea ...... Camp Humphreys ...... $45,000,000

SEC. 2102. FAMILY HOUSING. tions of the Department of the Army, as speci- SEC. 2105. EXTENSION OF AUTHORIZATIONS OF Using amounts appropriated pursuant to the fied in the funding table in section 4601. CERTAIN FISCAL YEAR 2009 authorization of appropriations in section 2103 PROJECTS. SEC. 2104. MODIFICATION OF AUTHORITY TO and available for military family housing func- (a) EXTENSION.—Notwithstanding section 2002 tions as specified in the funding table in section CARRY OUT CERTAIN FISCAL YEAR 2010 PROJECT. of the Military Construction Authorization Act 4601, the Secretary of the Army may carry out for Fiscal Year 2009 (division B of Public Law In the case of the authorization contained in architectural and engineering services and con- 110–417; 122 Stat. 4658), authorizations set forth the table in section 2101(a) of the Military Con- struction design activities with respect to the in the table in subsection (b), as provided in sec- struction Authorization Act for Fiscal Year 2010 construction or improvement of family housing tion 2101 of that Act (122 Stat. 4659), shall re- units in an amount not to exceed $4,641,000. (division B of Public Law 111–84; 123 Stat. 2628) main in effect until October 1, 2013, or the date for Fort Belvoir, Virginia, for construction of a SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, of the enactment of an Act authorizing funds ARMY. Road and Access Control Point at the installa- for military construction for fiscal year 2014, Funds are hereby authorized to be appro- tion, the Secretary of the Army may construct a priated for fiscal years beginning after Sep- standard design Access Control Point consistent whichever is later. tember 30, 2012, for military construction, land with the Army’s construction guidelines for Ac- (b) TABLE.—The table referred to in subsection acquisition, and military family housing func- cess Control Points. (a) is as follows: Army: Extension of 2009 Project Authorizations

State Installation or Location Project Amount

Alabama ...... Anniston Army Depot .. Lake Yard Interchange ...... $1,400,000 New Jersey ...... Picatinny Arsenal ...... Ballistic evaluation Facility Phase I ...... $9,900,000

SEC. 2106. EXTENSION OF AUTHORIZATIONS OF for Fiscal Year 2010 (division B of Public Law of the enactment of an Act authorizing funds CERTAIN FISCAL YEAR 2010 111–84; 123 Stat. 2627), authorizations set forth for military construction for fiscal year 2014, PROJECTS. in the table in subsection (b), as provided in sec- whichever is later. (a) EXTENSION.—Notwithstanding section 2002 tion 2101 of that Act (123 Stat. 2628), shall re- (b) TABLE.—The table referred to in subsection of the Military Construction Authorization Act main in effect until October 1, 2013, or the date (a) is as follows: Army: Extension of 2010 Project Authorizations

State/Country Installation or Location Project Amount

Louisiana ...... Fort Polk ...... Land Purchases and Condemnation ...... $17,000,000 New Jersey ...... Picatinny Arsenal ...... Ballistic Evaluation Facility, Ph2 ...... $10,200,000 Virginia ...... Fort Belvoir ...... Road and Access Control Point ...... $9,500,000 Washington ...... Fort Lewis ...... Fort Lewis-McCord AFB Joint Access ...... $9,000,000 Kuwait ...... Kuwait ...... APS Warehouses ...... $82,000,000

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SEC. 2107. ADDITIONAL AUTHORITY TO CARRY (c) CONGRESSIONAL NOTIFICATION.—The Sec- TITLE XXII—NAVY MILITARY OUT CERTAIN FISCAL YEAR 2013 retary of the Army shall provide information in CONSTRUCTION PROJECT. accordance with section 2851(c) of title 10, SEC. 2201. AUTHORIZED NAVY CONSTRUCTION (a) PROJECT AUTHORIZATION.—The Secretary United States Code, regarding the project de- AND LAND ACQUISITION PROJECTS. of the Army may carry out a military construc- scribed in subsection (a). If it becomes necessary (a) INSIDE THE UNITED STATES.—Using tion project to construct a cadet barracks at the to exceed the estimated project cost, the Sec- amounts appropriated pursuant to the author- U.S. Military Academy, New York, in the retary shall utilize the authority provided by ization of appropriations in section 2204 and amount of $192,000,000. section 2853 of such title regarding authorized available for military construction projects in- (b) USE OF UNOBLIGATED PRIOR-YEAR MILI- cost and scope of work variations. side the United States as specified in the fund- TARY CONSTRUCTION FUNDS.—The Secretary of ing table in section 4601, the Secretary of the the Army shall use available, unobligated mili- Navy may acquire real property and carry out tary construction funds appropriated for a fiscal military construction projects for the installa- year before fiscal year 2013 for the project de- tions or locations inside the United States, and scribed in subsection (a). in the amounts, set forth in the following table: Inside the United States

State Installation or Location Amount

Arizona ...... Yuma ...... $29,285,000 California ...... Camp Pendleton ...... $88,110,000 Coronado ...... $78,541,000 Miramar ...... $27,897,000 San Diego ...... $71,188,000 Seal Beach ...... $30,594,000 Twentynine Palms ...... $47,270,000 Ventura County ...... $12,790,000 Florida ...... Jacksonville ...... $21,980,000 Hawaii ...... Kaneohe Bay ...... $97,310,000 Mississippi ...... Meridian ...... $10,926,000 New Jersey ...... Earle ...... $33,498,000 North Carolina ...... Camp Lejeune ...... $69,890,000 Cherry Point Marine Corps Air Station ...... $45,891,000 New River ...... $8,525,000 South Carolina ...... Beaufort ...... $81,780,000 Parris Island ...... $10,135,000 Virginia ...... Dahlgren ...... $28,228,000 Oceana Naval Air Station ...... $39,086,000 Portsmouth ...... $32,706,000 Quantico ...... $58,714,000 Yorktown ...... $48,823,000 Washington ...... Whidbey Island ...... $6,272,000

(b) OUTSIDE THE UNITED STATES.—Using side the United States as specified in the fund- tion or location outside the United States, and amounts appropriated pursuant to the authoring table in section 4601, the Secretary of the in the amounts, set forth in the following table: ization of appropriations in section 2204 and Navy may acquire real property and carry out available for military construction projects out- military construction projects for the installa- Navy: Outside the United States

Country Installation or Location Amount

Bahrain Island ...... SW Asia ...... $51,348,000 Diego Garcia ...... Diego Garcia ...... $1,691,000 Djibouti ...... Camp Lemonier ...... $99,420,000 Greece ...... Souda Bay ...... $25,123,000 Japan ...... Iwakuni ...... $13,138,000 Okinawa ...... $8,206,000 Romania ...... Deveselu ...... $45,205,000 Spain ...... Rota ...... $17,215,000 Worldwide Unspecified ...... Unspecified Worldwide Locations ...... $34,048,000

SEC. 2202. FAMILY HOUSING. SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, HOUSING UNITS. NAVY. Using amounts appropriated pursuant to the authorization of appropriations in section 2204 Subject to section 2825 of title 10, United Funds are hereby authorized to be appro- and available for military family housing func- States Code, and using amounts appropriated priated for fiscal years beginning after Sep- tions as specified in the funding table in section pursuant to the authorization of appropriations tember 30, 2012, for military construction, land 4601, the Secretary of the Navy may carry out in section 2204 and available for military family acquisition, and military family housing func- architectural and engineering services and con- housing functions as specified in the funding tions of the Department of the Navy, as speci- struction design activities with respect to the table in section 4601, the Secretary of the Navy fied in the funding table in 4601, including in- construction or improvement of family housing may improve existing military family housing cremental funding for the construction of incre- units in an amount not to exceed $4,527,000. units in an amount not to exceed $97,655,000. ment 2 of explosives handling wharf 2 at Kitsap, Washington, authorized by section 2201(a) of the Military Construction Authorization Act for

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State/Country Installation or Location Project Amount

California ...... Marine Corps Base, Camp Pendleton ...... Operations Access Points, Red Beach ...... $11,970,000 Marine Corps Air Station, Miramar ...... Emergency Response Station .. $6,530,000 District of Columbia ...... Washington Navy Yard ...... Child Development Center ...... $9,340,000

SEC. 2207. EXTENSION OF AUTHORIZATIONS OF for Fiscal Year 2010 (division B of Public Law date of an Act authorizing funds for military CERTAIN FISCAL YEAR 2010 111–84; 123 Stat. 2627), the authorization set construction for fiscal year 2014, whichever is PROJECTS. forth in the table in subsection (b), as provided later. (a) EXTENSION.—Notwithstanding section 2002 in section 2201 of that Act (123 Stat. 2632), shall (b) TABLE.—The table referred to in subsection of the Military Construction Authorization Act remain in effect until October 1, 2013, or the (a) is as follows: Navy: Extension of 2010 Project Authorization

State/Country Installation or Location Project Amount

California ...... Mountain Warfare Training Center, Bridgeport...... Mountain Warfare Training, Commissary ...... $6,830,000 Maine ...... Portsmouth Naval Shipyard ... Gate 2 Security Improvements $7,090,000 Djibouti ...... Camp Lemonier ...... Security Fencing ...... $8,109,000 Ammo Supply Point ...... $21,689,000 Interior Paved Roads ...... $7,275,000

SEC. 2208. REALIGNMENT OF MARINES IN THE (4) a plan coordinated by all pertinent Federal funds described in subsection (a) to carry out ASIA-PACIFIC REGION. agencies is provided to the congressional defense additional analysis or studies required the Na- (a) RESTRICTION ON USE OF FUNDS.—Except as committees detailing descriptions of work, costs, tional Environmental Policy Act of 1969 (42 provided in subsection (c), none of the funds au- and a schedule for completion of construction, U.S.C. 4321 et seq.) for proposed actions on thorized to be appropriated under this Act, and improvements, and repairs to the non-military Guam or Hawaii. none of the amounts provided by the Govern- utilities, facilities, and infrastructure, if any, on (d) DISTRIBUTED LAY-DOWN DEFINED.—For ment of Japan for construction activities on Guam affected by the realignment of forces. purposes of this section, the term ‘‘distributed land under the jurisdiction of the Department of (b) DEVELOPMENT OF PUBLIC INFRASTRUC- lay-down’’ refers to the planned distribution of Defense, may be obligated or expended to imple- TURE.— Marines in Okinawa, Guam, Hawaii, Australia, ment the realignment of Marine Corps forces (1) AUTHORIZATION REQUIRED.—If the Sec- and possibly elsewhere that is contemplated in from Okinawa to other locations until— retary of Defense determines that any grant, co- support of the joint statement of the U.S. – operative agreement, transfer of funds to an- (1) the Commander of the United States Pa- Japan Security Consultative Committee dated other Federal agency, or supplement of funds cific Command provides to the congressional de- April 27, 2012. available in fiscal year 2012 or fiscal year 2013 fense committees an assessment of the strategic (e) REPEAL.—Section 2207 of the National De- under Federal programs administered by agen- and logistical resources needed to ensure the fense Authorization Act for Fiscal Year 2012 cies other than the Department of Defense will distributed lay-down of members of the United (Public Law 112–81; 125 Stat. 1668) is repealed. result in the development (including repair, re- States Marine Corps in the United States Pacific placement, renovation, conversion, improve- TITLE XXIII—AIR FORCE MILITARY Command Area of Responsibility meets the con- ment, expansion, acquisition, or construction) of CONSTRUCTION tingency operations plans; public infrastructure on Guam, the Secretary of SEC. 2301. AUTHORIZED AIR FORCE CONSTRUC- (2) the Secretary of Defense submits to the Defense may not carry out such grant, transfer TION AND LAND ACQUISITION congressional defense committees master plans cooperative agreement, or supplemental funding PROJECTS. for the construction of facilities and infrastruc- unless specifically authorized by law. (a) INSIDE THE UNITED STATES.—Using ture to execute the Marine Corps distributed (2) PUBLIC INFRASTRUCTURE DEFINED.—In this amounts appropriated pursuant to the author- lay-down on Guam, Australia, and Hawaii, in- section, the term ‘‘public infrastructure’’ means ization of appropriations in section 2304 and cluding a detailed description of costs and the any utility, method of transportation, item of available for military construction projects in- schedule for such construction; equipment, or facility under the control of a side the United States as specified in the fund- (3) the Secretary of the Navy submits a plan public entity or State or local government that ing table in section 4601, the Secretary of the Air to the congressional defense committees detail- is used by, or constructed for the benefit of, the Force may acquire real property and carry out ing the proposed investments and schedules re- general public. military construction projects for the installa- quired to restore facilities and infrastructure at (c) EXCEPTION TO RESTRICTION ON USE OF tions or locations inside the United States, and Marine Corps Air Station Futenma; and FUNDS.—The Secretary of Defense may use in the amounts, set forth in the following table:

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State Installation or Location Amount

Arkansas ...... Little Rock AFB ...... $30,178,000 Florida ...... Tyndall AFB ...... $14,750,000 Georgia ...... Fort Stewart ...... $7,250,000 Moody AFB ...... $8,500,000 New Mexico ...... Holloman AFB ...... $25,000,000 North Dakota ...... Minot AFB ...... $4,600,000 Texas ...... Joint Base San Antonio ...... $18,000,000 Utah ...... Hill AFB ...... $13,530,000

(b) OUTSIDE THE UNITED STATES.—Using side the United States as specified in the fund- tions or locations outside the United States, and amounts appropriated pursuant to the authoring table in section 4601, the Secretary of the Air in the amounts, set forth in the following table: ization of appropriations in section 2304 and Force may acquire real property and carry out available for military construction projects out- military construction projects for the installa- Air Force: Outside the United States

State Installation or Location Amount

Greenland ...... Thule AB ...... $24,500,000 Italy ...... Aviano AB ...... $9,400,000 Worldwide Unspecified ...... Unspecified Worldwide Locations ...... $34,657,000

SEC. 2302. FAMILY HOUSING. table in section 4601, the Secretary of the Air Fiscal Year 2012 (division B of Public Law 112– Using amounts appropriated pursuant to the Force may improve existing military family 81; 125 Stat. 1670), $111,000,000. authorization of appropriations in section 2304 housing units in an amount not to exceed and available for military family housing func- SEC. 2305. EXTENSION OF AUTHORIZATIONS OF $79,571,000. CERTAIN FISCAL YEAR 2010 tions as specified in the funding table in section SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, PROJECTS. 4601, the Secretary of the Air Force may carry AIR FORCE. out architectural and engineering services and Funds are hereby authorized to be appro- (a) EXTENSION.—Notwithstanding section 2002 construction design activities with respect to the priated for fiscal years beginning after Sep- of the Military Construction Authorization Act construction or improvement of family housing tember 30, 2012, for military construction, land for Fiscal Year 2010 (division B of Public Law units in an amount not to exceed $4,253,000. acquisition, and military family housing func- 111–84; 123 Stat. 2627), authorizations set forth in the table in subsection (b), as provided in sec- SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY tions of the Department of the Air Force, as HOUSING UNITS. specified in the funding table in section 4601, in- tion 2301 of that Act (123 Stat. 2636), shall re- Subject to section 2825 of title 10, United cluding incremental funding for the construc- main in effect until October 1, 2013, or the date States Code, and using amounts appropriated tion of increment 2 of the U.S. Strategic Com- of an Act authorizing funds for military con- pursuant to the authorization of appropriations mand Replacement Facility at Offutt Air Force struction for fiscal year 2014, whichever is later. in section 2304 and available for military family Base, Nebraska, authorized by section 2301(a) of (b) TABLE.—The table referred to in subsection housing functions as specified in the funding the Military Construction Authorization Act for (a) is as follows: Air Force: Extension of 2010 Project Authorizations

Installation or State Location Project Amount

Missouri ...... Whiteman AFB...... Land Acquisition North & South Boundary ...... $5,500,000 Montana ...... Malmstrom AFB ...... Weapons Storage Area (WSA), Phase 2 ...... $10,600,000

TITLE XXIV—DEFENSE AGENCIES ization of appropriations in section 2403 and MILITARY CONSTRUCTION available for military construction projects in- Subtitle A—Defense Agency Authorizations side the United States as specified in the fund- SEC. 2401. AUTHORIZED DEFENSE AGENCIES ing table in section 4601, the Secretary of De- CONSTRUCTION AND LAND ACQUISI- fense may acquire real property and carry out TION PROJECTS. military construction projects for the installa- (a) INSIDE THE UNITED STATES.—Using tions or locations inside the United States, and amounts appropriated pursuant to the author- in the amounts, set forth in the following table: Defense Agencies: Inside the United States

State Installation or Location Amount Arizona ...... Yuma ...... $1,300,000 California ...... Coronado ...... $55,259,000 DEF Fuel Support Point - San Diego ...... $91,563,000 Edwards Air Force Base ...... $27,500,000 Twentynine Palms ...... $27,400,000 Colorado ...... Buckley Air Force Base ...... $30,000,000 Fort Carson ...... $56,673,000 Pikes Peak ...... $3,600,000

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State Installation or Location Amount CONUS Classified ...... Classified Location ...... $6,477,000 Delaware ...... Dover AFB ...... $2,000,000 Florida ...... Eglin AFB ...... $41,695,000 Hurlburt Field ...... $16,000,000 MacDill AFB ...... $34,409,000 Hawaii ...... Joint Base Pearl Harbor-Hickam ...... $24,289,000 Illinois ...... Great Lakes ...... $28,700,000 Scott AFB ...... $86,711,000 Indiana ...... Grissom ARB ...... $26,800,000 Kentucky ...... Fort Campbell ...... $71,639,000 Louisiana ...... Barksdale AFB ...... $11,700,000 Maryland ...... Annapolis ...... $66,500,000 Bethesda Naval Hospital ...... $62,200,000 Fort Meade ...... $128,600,000 Missouri ...... Fort Leonard Wood ...... $18,100,000 New Mexico ...... Cannon AFB ...... $93,085,000 New York ...... Fort Drum ...... $43,200,000 North Carolina ...... Camp Lejeune ...... $80,064,000 Fort Bragg ...... $130,422,000 Seymour Johnson AFB ...... $55,450,000 Pennsylvania ...... DEF Distribution Depot New Cumberland ...... $17,400,000 South Carolina ...... Shaw AFB ...... $57,200,000 Texas ...... Red River Army Depot ...... $16,715,000 Virginia ...... Joint Expeditionary Base Little Creek - Story ...... $11,132,000 Norfolk ...... $8,500,000 Washington ...... Fort Lewis ...... $50,520,000

(b) OUTSIDE THE UNITED STATES.—Using side the United States as specified in the fund- tions or locations outside the United States, and amounts appropriated pursuant to the authoring table in section 4601, the Secretary of De- in the amounts, set forth in the following table: ization of appropriations in section 2403 and fense may acquire real property and carry out available for military construction projects out- military construction projects for the installa- Defense Agencies: Outside the United States

Country Installation or Location Amount Belgium ...... Brussels ...... $26,969,000 Germany ...... Stuttgart-Patch Barracks ...... $2,413,000 Vogelweh ...... $61,415,000 Weisbaden ...... $52,178,000 Guantanamo Bay, Cuba .... Guantanamo Bay ...... $40,200,000 Japan ...... Camp Zama ...... $13,273,000 Kadena AB ...... $143,545,000 Sasebo ...... $35,733,000 Zukeran ...... $79,036,000 Korea ...... Kunsan AB ...... $13,000,000 Osan AB ...... $77,292,000 Romania ...... Deveselu ...... $157,900,000 United Kingdom ...... Menwith Hill Station ...... $50,283,000 RAF Feltwell ...... $30,811,000 RAF Mildenhall ...... $6,490,000

SEC. 2402. AUTHORIZED ENERGY CONSERVATION funding table in 4601, including incremental tion 2401(a) of the Military Construction Au- PROJECTS. funding for the following projects in the fol- thorization Act for Fiscal Year 2010 (division B Using amounts appropriated pursuant to the lowing amounts: of Public Law 111–84; 123 Stat. 2642), authorization of appropriations in section 2403 (1) For the construction of increment 7 of the $107,400,000. and available for energy conservation projects Army Medical Research Institute of Infectious (4) For the construction of increment 2 of the as specified in the funding table in 4601, the Diseases Stage I at Fort Detrick, Maryland, au- high performance computing center at Fort Secretary of Defense may carry out energy con- thorized by section 2401(a) of the Military Con- Meade, Maryland, authorized by section 2401(a) servation projects under chapter 173 of title 10, struction Authorization Act for Fiscal Year 2007 of the Military Construction Authorization Act United States Code, in the amount of (division B of Public Law 109–364; 120 Stat. for Fiscal Year 2012 (division B of Public Law $150,000,000. 2457), $19,000,000. 112–81; 125 Stat. 1672), as amended by section SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, (2) For the construction of increment 4 of a 2405(a) of this Act, $225,521,000. DEFENSE AGENCIES. National Security Agency data center at Camp Funds are hereby authorized to be appro- Williams, Utah, authorized as a Military Con- (5) For the construction of increment 2 of the priated for fiscal years beginning after Sep- struction, Defense-Wide project by title X of the ambulatory care center phase 3 at Joint Base tember 30, 2012, for military construction, land Supplemental Appropriations Act, 2009 (Public San Antonio, Texas, authorized by section acquisition, and military family housing func- Law 111–32; 123 Stat. 1888), $191,414,000. 2401(a) of the Military Construction Authoriza- tions of the Department of Defense (other than (3) For the construction of increment 4 of the tion Act for Fiscal Year 2012 (division B of Pub- the military departments), as specified in the hospital at Fort Bliss, Texas, authorized by sec- lic Law 112–81; 125 Stat. 1672), $80,700,000.

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00143 Fmt 4624 Sfmt 6333 E:\CR\FM\A12DE6.041 S12DEPT1 tjames on DSK6SPTVN1PROD with S7896 CONGRESSIONAL RECORD — SENATE December 12, 2012 (6) For the construction of increment 2 of the SEC. 2404. EXTENSION OF AUTHORIZATION OF tion 2401(a) of that Act (123 Stat. 2640), shall re- medical center replacement at Rhine Ordnance CERTAIN FISCAL YEAR 2010 main in effect until October 1, 2013, or the date Barracks, Germany, authorized by section PROJECT. of the enactment of an Act authorizing funds (a) EXTENSION.—Notwithstanding section 2002 2401(b) of the Military Construction Authoriza- for military construction for fiscal year 2014, of the Military Construction Authorization Act whichever is later: tion Act for Fiscal Year 2012 (division B of Pub- for Fiscal Year 2010 (division B of Public Law lic Law 112–81; 125 Stat. 1673), $127,000,000. 111–84; 123 Stat. 2627), authorizations set forth (b) TABLE.—The table referred to in subsection in the table in subsection (b), as provided in sec- (a) is as follows: Washington Headquarters Services: Extension of 2010 Project Authorization

State Installation or Location Project Amount

Virginia ...... Pentagon Reservation Pentagon electrical upgrade ...... $19,272,000

SEC. 2405. MODIFICATION OF AUTHORITY TO (1) For the construction of phase 14 of a chem- (2) by striking the amount identified as the CARRY OUT CERTAIN FISCAL YEAR ical munitions demilitarization facility at Pueb- total in the amount column and inserting 2012 PROJECT. lo Chemical Activity, Colorado, authorized by ‘‘$866,454,000’’. The table in section 2401(a) of the Military section 2401(a) of the Military Construction Au- (b) CONFORMING AMENDMENT.—Section Construction Authorization Act for Fiscal Year thorization Act for Fiscal Year 1997 (division B 2406(b)(2) of the Military Construction Author- 2012 (division B of Public Law 112–81; 125 Stat. of Public Law 104–201; 110 Stat. 2775), as amend- ization Act for Fiscal Year 1997 (110 Stat. 2779), 1672), is amended in the item relating to Fort ed by section 2406 of the Military Construction as so amended, is further amended by striking Meade, Maryland, by striking ‘‘$29,640,000’’ in Authorization Act for Fiscal Year 2000 (division the amount column and inserting ‘‘$484,000,000’’ and inserting ‘‘$520,000,000’’. B of Public Law 106–65; 113 Stat. 839), section ‘‘$792,200,000’’. 2407 of the Military Construction Authorization TITLE XXV—NORTH ATLANTIC TREATY SEC. 2406. ADDITIONAL AUTHORITY TO CARRY Act for Fiscal Year 2003 (division B of Public ORGANIZATION SECURITY INVESTMENT OUT CERTAIN FISCAL YEAR 2013 PROGRAM PROJECT. Law 107–314; 116 Stat. 2698), and section 2413 of (a) PROJECT AUTHORIZATION.—The Secretary the Military Construction Authorization Act for SEC. 2501. AUTHORIZED NATO CONSTRUCTION of Defense may carry out a military construc- Fiscal Year 2009 (division B of Public Law 110– AND LAND ACQUISITION PROJECTS. tion project to construct an Upgrade Fuel Pipe- 417; 122 Stat. 4697), $36,000,000. The Secretary of Defense may make contribu- line at Andersen Air Force Base, Guam, in the (2) For the construction of phase 13 of a munitions for the North Atlantic Treaty Organiza- amount of $67,500,000. tions demilitarization facility at Blue Grass tion Security Investment Program as provided in (b) LIMITATION.—No funds may be obligated Army Depot, Kentucky, authorized by section section 2806 of title 10, United States Code, in an or expended for the project described in sub- 2401(a) of the Military Construction Authoriza- amount not to exceed the sum of the amount au- section (a) until the Commander of the United tion Act for Fiscal Year 2000 (division B of Pub- thorized to be appropriated for this purpose in States Pacific Command provides to the congres- lic Law 106–65; 113 Stat. 835), as amended by section 2502 and the amount collected from the sional defense committees a report, with classi- section 2405 of the Military Construction Au- North Atlantic Treaty Organization as a result fied annex if necessary, detailing the strategic thorization Act for Fiscal Year 2002 (division B of construction previously financed by the and operational requirements satisfied by the of Public Law 107–107; 115 Stat. 1298), section United States. 2405 of the Military Construction Authorization construction of this project and a certification SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, that this project is a bona fide need for meeting Act for Fiscal Year 2003 (division B of Public NATO. national security objectives for fiscal year 2013. Law 107–314; 116 Stat. 2698), section 2414 of the Funds are hereby authorized to be appro- (c) USE OF UNOBLIGATED PRIOR-YEAR MILI- Military Construction Authorization Act for priated for fiscal years beginning after Sep- TARY CONSTRUCTION FUNDS.—The Secretary of Fiscal Year 2009 (division B of Public Law 110– Defense shall use available, unobligated mili- 417; 122 Stat. 4697), and section 2412 of the Mili- tember 30, 2012, for contributions by the Sec- tary construction funds appropriated for a fiscal tary Construction Authorization Act for Fiscal retary of Defense under section 2806 of title 10, year before fiscal year 2013 for the project de- Year 2011 (division B Public Law 111–383; 124 United States Code, for the share of the United scribed in subsection (a). Stat. 4450), $115,000,000. States of the cost of projects for the North At- lantic Treaty Organization Security Investment (d) CONGRESSIONAL NOTIFICATION.—The Sec- SEC. 2412. MODIFICATION OF AUTHORITY TO retary of Defense shall provide information in CARRY OUT CERTAIN FISCAL YEAR Program authorized by section 2501, as specified accordance with section 2851(c) of title 10, 1997 PROJECT. in the funding table in section 4601. United States Code, regarding the project de- (a) MODIFICATIONS.—The table in section TITLE XXVI—GUARD AND RESERVE scribed in subsection (a). If it becomes necessary 2401(a) of the Military Construction Authoriza- FORCES FACILITIES to exceed the estimated project cost, the Sec- tion Act for Fiscal Year 1997 (division B of Pub- retary shall utilize the authority provided by lic Law 104–201; 110 Stat. 2775), as amended by Subtitle A—Project Authorizations and section 2853 of such title regarding authorized section 2406 of the Military Construction Au- Authorization of Appropriations cost and scope of work variations. thorization Act for Fiscal Year 2000 (division B SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD Subtitle B—Chemical Demilitarization of Public Law 106–65; 113 Stat. 839), section 2407 CONSTRUCTION AND LAND ACQUISI- Authorizations of the Military Construction Authorization Act TION PROJECTS. SEC. 2411. AUTHORIZATION OF APPROPRIATIONS, for Fiscal Year 2003 (division B of Public Law (a) INSIDE THE UNITED STATES.—Using CHEMICAL DEMILITARIZATION CON- 107–314; 116 Stat. 2699), and section 2413 of the amounts appropriated pursuant to the author- STRUCTION, DEFENSE-WIDE. Military Construction Authorization Act for ization of appropriations in section 2606 and Funds are hereby authorized to be appro- Fiscal Year 2009 (division B of Public Law 110– available for the National Guard and Reserve as priated for fiscal years beginning after Sep- 417; 122 Stat. 4697), is amended— specified in the funding table in section 4601, tember 30, 2012, for military construction and (1) under the agency heading relating to the Secretary of the Army may acquire real land acquisition for chemical demilitarization, Chemical Demilitarization Program, in the item property and carry out military construction as specified in the funding table in section 4601, relating to Pueblo Army Depot, Colorado, by projects for the Army National Guard locations including incremental funding for the following striking ‘‘$484,000,000’’ in the amount column inside the United States, and in the amounts, projects in the following amounts: and inserting ‘‘$520,000,000’’; and set forth in the following table: Army National Guard: Inside the United States

State Location Amount

Alabama ...... Fort McClellan ...... $5,400,000 Arkansas ...... Searcy ...... $6,800,000 California ...... Fort Irwin ...... $25,000,000 Connecticut ...... Camp Hartell ...... $32,000,000 Delaware ...... Bethany Beach ...... $5,500,000 Florida ...... Camp Blanding ...... $9,000,000 Miramar ...... $20,000,000 Hawaii ...... Kapolei ...... $28,000,000

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State Location Amount

Idaho ...... Orchard Training Area ...... $40,000,000 Indiana ...... South Bend ...... $21,000,000 Terre Haute ...... $9,000,000 Iowa ...... Camp Dodge ...... $3,000,000 Kansas ...... Topeka ...... $9,500,000 Kentucky ...... Frankfort ...... $32,000,000 Massachusetts ...... Camp Edwards ...... $22,000,000 Minnesota ...... Camp Ripley ...... $17,000,000 St. Paul ...... $17,000,000 Missouri ...... Fort Leonard Wood ...... $18,000,000 Kansas City ...... $1,900,000 Monett ...... $820,000 Perryville ...... $700,000 Montana ...... Miles City ...... $11,000,000 New Jersey ...... Sea Girt ...... $34,000,000 New York ...... Stormville ...... $24,000,000 Ohio ...... Chillicothe ...... $3,100,000 Delaware ...... $12,000,000 Oklahoma ...... Camp Gruber ...... $25,000,000 Utah ...... Camp Williams ...... $36,000,000 Washington ...... Fort Lewis ...... $35,000,000 West Virginia ...... Logan ...... $14,200,000 Wisconsin ...... Wausau ...... $10,000,000

(b) OUTSIDE THE UNITED STATES.—Using specified in the funding table in section 4601, outside the United States, and in the amounts, amounts appropriated pursuant to the author- the Secretary of the Army may acquire real set forth in the following table: ization of appropriations in section 2606 and property and carry out military construction available for the National Guard and Reserve as projects for the Army National Guard locations Army National Guard: Outside the United States

Country Installation Amount

Guam ...... Barrigada ...... $8,500,000 Puerto Rico ...... Camp Santiago ...... $3,800,000 Ceiba ...... $2,200,000 Guaynabo ...... $15,000,000 Gurabo ...... $14,700,000

SEC. 2602. AUTHORIZED ARMY RESERVE CON- and available for the National Guard and Re- projects for the Army Reserve locations inside STRUCTION AND LAND ACQUISITION serve as specified in the funding table in section the United States, and in the amounts, set forth PROJECTS. 4601, the Secretary of the Army may acquire real in the following table: Using amounts appropriated pursuant to the property and carry out military construction authorization of appropriations in section 2606 Army Reserve

State Location Amount

California ...... Fort Hunter Liggett ...... $68,300,000 Tustin ...... $27,000,000 Illinois ...... Fort Sheridan ...... $28,000,000 Maryland ...... Aberdeen Proving Ground ...... $21,000,000 Baltimore ...... $10,000,000 Massachusetts ...... Devens Reserve Forces Training Area ...... $8,500,000 Nevada ...... Las Vegas ...... $21,000,000 New Jersey ...... Joint Base McGuire-Dix-Lakehurst ...... $7,400,000 Washington ...... Joint Base Lewis-McChord ...... $40,000,000 Wisconsin ...... Fort McCoy ...... $47,800,000

SEC. 2603. AUTHORIZED NAVY RESERVE AND MA- and available for the National Guard and Re- Reserve locations inside the United States, and RINE CORPS RESERVE CONSTRUC- serve as specified in the funding table in section in the amounts, set forth in the following table: TION AND LAND ACQUISITION 4601, the Secretary of the Navy may acquire real PROJECTS. property and carry out military construction Using amounts appropriated pursuant to the authorization of appropriations in section 2606 projects for the Navy Reserve and Marine Corps

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State Location Amount

Arizona ...... Yuma ...... $5,379,000 Iowa ...... Fort Des Moines ...... $19,162,000 Louisiana ...... New Orleans ...... $7,187,000 New York ...... Brooklyn ...... $4,430,000 Texas ...... Fort Worth ...... $11,256,000

SEC. 2604. AUTHORIZED AIR NATIONAL GUARD and available for the National Guard and Re- tion projects for the Air National Guard loca- CONSTRUCTION AND LAND ACQUISI- serve as specified in the funding table in section tions inside the United States, and in the TION PROJECTS. 4601, the Secretary of the Air Force may acquire amounts, set forth in the following table: Using amounts appropriated pursuant to the real property and carry out military construc- authorization of appropriations in section 2606 Air National Guard

State Location Amount

California ...... Fresno Yosemite IAP ANG ...... $11,000,000 Hawaii ...... Joint Base Pearl Harbor-Hickam ...... $6,500,000 New Mexico ...... Kirtland AFB ...... $8,500,000 Wyoming ...... Cheyenne MAP ...... $6,486,000

SEC. 2605. AUTHORIZED AIR FORCE RESERVE and available for the National Guard and Re- tion projects for the Air Force Reserve locations CONSTRUCTION AND LAND ACQUISI- serve as specified in the funding table in section inside the United States, and in the amounts, TION PROJECTS. 4601, the Secretary of the Air Force may acquire set forth in the following table: Using amounts appropriated pursuant to the real property and carry out military construc- authorization of appropriations in section 2606 Air Force Reserve

State Location Amount

New York ...... Niagara Falls IAP ...... $6,100,000

SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, facilities), as specified in the funding table in 110–417; 122 Stat. 4658), the authorization set NATIONAL GUARD AND RESERVE. section 4601. forth in the table in subsection (b), as provided Funds are hereby authorized to be appro- Subtitle B—Other Matters in section 2604 of that Act (122 Stat. 4706), shall priated for fiscal years beginning after Sep- remain in effect until October 1, 2013, or the tember 30, 2012, for the costs of acquisition, ar- SEC. 2611. EXTENSION OF AUTHORIZATION OF date of the enactment of an Act authorizing chitectural and engineering services, and con- CERTAIN FISCAL YEAR 2009 funds for military construction for fiscal year struction of facilities for the Guard and Reserve PROJECT. 2014, whichever is later. Forces, and for contributions therefor, under (a) EXTENSION.—Notwithstanding section 2002 chapter 1803 of title 10, United States Code (in- of the Military Construction Authorization Act (b) TABLE.—The table referred to in subsection cluding the cost of acquisition of land for those for Fiscal Year 2009 (division B of Public Law (a) is as follows: Air National Guard: Extension of 2009 Project Authorizations

Installation or State Location Project Amount

Mississippi ...... Gulfport-Biloxi Airport ...... Relocate Munitions Complex .... $3,400,000

SEC. 2612. EXTENSION OF AUTHORIZATION OF for Fiscal Year 2010 (division B of Public Law 1, 2013, or the date of the enactment of an Act CERTAIN FISCAL YEAR 2010 111–84; 123 Stat. 2627), the authorizations set authorizing funds for military construction for PROJECTS. forth in the tables in subsection (b), as provided fiscal year 2014, whichever is later. (a) EXTENSION.—Notwithstanding section 2002 in sections 2602 and 2604 of that Act (123 Stat. (b) TABLE.—The tables referred to in sub- of the Military Construction Authorization Act 2649, 2651), shall remain in effect until October section (a) are as follows: Army Reserve: Extension of 2010 Project Authorizations

Installation or State Location Project Amount

California ...... Camp Pendleton ...... Army Reserve Center ...... $19,500,000 Connecticut ...... Bridgeport ...... Army Reserve Center/Land ...... $18,500,000

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Installation or State Location Project Amount

Mississippi ...... Gulfport-Biloxi Airport ...... Relocate Base Entrance ...... $6,500,000

SEC. 2613. MODIFICATION OF AUTHORITY TO installations that are not covered by such re- Secretary of Defense shall submit to the congres- CARRY OUT CERTAIN FISCAL YEAR quirements. sional defense committees a report on the reor- 2011 PROJECT. (b) ONE-YEAR MORATORIUM ON CERTAIN AC- ganization of Air Force Materiel Command or- In the case of the authorization contained in TIONS RESULTING IN PERSONNEL REDUCTIONS.— ganizations. the table in section 2604 of the Military Con- (1) IN GENERAL.—Except as provided in para- (b) CONTENT.—The report required under sub- struction Authorization Act for Fiscal Year 2011 graph (2), no action may be taken before Octo- section (a) shall include the following elements: (division B of Public Law 111–383; 124 Stat. 4453) ber 1, 2013, that would result in a military in- (1) An assessment of the efficiencies and effec- for Nashville International Airport, Tennessee, stallation covered under paragraph (1) of sec- tiveness associated with the reorganization of for renovation of an Intelligence Squadron Fa- tion 2687(a) of title 10, United States Code, to no Air Force Materiel Command organizations. cility, the Secretary of the Air Force may con- longer be covered by such paragraph. (2) An assessment of the organizational convert up to 4,023 square meters of existing facili- (2) NATIONAL SECURITY WAIVER.—The Sec- struct to determine how institutional synergies ties to bed down Intelligence Group and Re- retary of Defense may waive the prohibition that were previously available in a collocated motely Piloted Aircraft Remote Split Operations under paragraph (1) if the Secretary certifies to center can be replicated in the new Air Force Group missions, consistent with the Air Na- the congressional defense committees that is in Materiel Command Center reorganization, in- tional Guard’s construction guidelines for these the national security interests of the United cluding an assessment of the following Air Force missions. States. Materiel Command capabilities: TITLE XXVII—BASE REALIGNMENT AND SEC. 2705. MODIFICATION OF NOTICE REQUIRE- (A) Science and Technology, Acquisition. CLOSURE ACTIVITIES MENTS IN ADVANCE OF PERMANENT (B) Developmental Test and Evaluation. REDUCTION OF SIZABLE NUMBERS (3) An assessment of synergistic efficiencies SEC. 2701. AUTHORIZATION OF APPROPRIATIONS OF MEMBERS OF THE ARMED FOR BASE REALIGNMENT AND CLO- associated with capabilities of collocated organi- FORCES AT MILITARY INSTALLA- zations of other commands, including an assess- SURE ACTIVITIES FUNDED TIONS. THROUGH DEPARTMENT OF DE- ment of the impact of the Air Force Materiel (a) CALCULATION OF NUMBER OF AFFECTED FENSE BASE CLOSURE ACCOUNT Command’s reorganization on other commands’ 1990. MEMBERS.—Subsection (a) of section 993 of title 10, United States Code, is amended by adding at responsibilities for— Funds are hereby authorized to be appro- (A) Operational Test and Evaluation; and the end the following new sentence: ‘‘In calcu- priated for fiscal years beginning after Sep- (B) Follow-on Operational Test and Evalua- lating the number of members to be reduced, the tember 30, 2012, for base realignment and closure tion. Secretary shall take into consideration both di- activities, including real property acquisition (4) An assessment of how the Air Force reor- rect reductions and indirect reductions.’’. and military construction projects, as author- ganization of Air Force Materiel Command is in (b) NOTICE REQUIREMENTS.—Subsection (b) of ized by the Defense Base Closure and Realign- such section is amended by striking paragraphs adherence with section 2687 of title 10, United ment Act of 1990 (part A of title XXIX of Public (1) through (3) and inserting the following new States Code. Law 101–510; 10 U.S.C. 2687 note) and funded (5) An analysis of the extent to which the pro- paragraphs: through the Department of Defense Base Clo- ‘‘(1) the Secretary of Defense or the Secretary posed changes in the Air Force management sure Account 1990 established by section 2906 of of the military department concerned— structure were coordinated with the Office of such Act, as specified in the funding table in ‘‘(A) submits to Congress a notice of the pro- the Secretary of Defense and the Director, Test section 4601. posed reduction and the number of military and Resource Management Center and the degree to SEC. 2702. AUTHORIZATION OF APPROPRIATIONS civilian personnel assignments affected, includ- which their concerns, if any, were addressed in FOR BASE REALIGNMENT AND CLO- ing reductions in base operations support serv- the approach selected by the Air Force. SURE ACTIVITIES FUNDED ices and personnel to occur because of the pro- TITLE XXVIII—MILITARY CONSTRUCTION THROUGH DEPARTMENT OF DE- FENSE BASE CLOSURE ACCOUNT posed reduction; and GENERAL PROVISIONS 2005. ‘‘(B) includes in the notice a justification for Subtitle A—Military Construction Program Funds are hereby authorized to be appro- the reduction and an evaluation of the costs and Military Family Housing Changes and benefits of the reduction and of the local priated for fiscal years beginning after Sep- SEC. 2801. AUTHORIZED COST AND SCOPE VARI- tember 30, 2012, for base realignment and closure economic, strategic, and operational con- ATIONS. sequences of the reduction; and activities, including real property acquisition Section 2853 of title 10, United States Code, is ‘‘(2) a period of 90 days expires following the and military construction projects, as author- amended— day on which the notice is submitted to Con- ized by the Defense Base Closure and Realign- (1) in subsection (a), by striking ‘‘was ap- gress.’’. ment Act of 1990 (part A of title XXIX of Public proved originally’’ and inserting ‘‘was author- (c) DEFINITIONS.—Such section is further Law 101–510; 10 U.S.C. 2687 note) and funded amended by adding at the end the following ized’’; through the Department of Defense Base Clo- new subsection: (2) in subsection (b)— sure Account 2005 established by section 2906A ‘‘(d) DEFINITIONS.—In this section: (A) in paragraph (1), by adding at the end the of such Act, as specified in the funding table in ‘‘(1) The term ‘direct reduction’ means a re- following: ‘‘Any reduction in scope of work for section 4601. duction involving one or more members of a a military construction project shall not result SEC. 2703. TECHNICAL AMENDMENTS TO SECTION unit. in a facility or item of infrastructure that is not 2702 OF FISCAL YEAR 2012 ACT. ‘‘(2) The term ‘indirect reduction’ means sub- complete and useable or does not fully meet the (a) CORRECTION.—Section 2702 of the Military sequent planned reductions or relocations in mission requirement contained in the justifica- Construction Authorization Act for Fiscal Year base operations support services and personnel tion data provided to Congress as part of the re- 2012 (division B of Public Law 112–81; 125 Stat. able to occur due to the direct reductions. quest for authorization of the project, construc- 1681) is amended by striking ‘‘Using amounts’’ ‘‘(3) The term ‘military installation’ means a tion, improvement, or acquisition.’’; and and all that follows through ‘‘may carry out’’ base, camp, post, station, yard, center, homeport (B) by adding at the end the following new and inserting ‘‘Funds are hereby authorized to facility for any ship, or other activity under the paragraph: be appropriated for fiscal years beginning after jurisdiction of the Department of Defense, in- ‘‘(3) In this subsection, the term ‘scope of September 30, 2011, for’’. cluding any leased facility, which is located work’ refers to the function, size, or quantity of (b) CONFORMING AMENDMENT.—The heading within any of the several States, the District of the primary facility, any associated facility, or of such section is amended by striking ‘‘authorized’’ Columbia, the Commonwealth of Puerto Rico, item of complete and useable infrastructure con- and inserting ‘‘authorization of appropriations for’’. American Samoa, the Virgin Islands, the Com- tained in the justification data provided to Con- SEC. 2704. CRITERIA FOR DECISIONS INVOLVING monwealth of the Northern Mariana Islands, or gress as part of the request for authorization of CERTAIN BASE CLOSURE AND RE- Guam. Such term does not include any facility the project, construction, improvement, or ac- ALIGNMENT ACTIVITIES. used primarily for civil works, rivers and har- quisition.’’; (a) CRITERIA.—Not later than March 31, 2013, bors projects, or flood control projects. (3) in subsection (c)(1)(A), by striking ‘‘and the Comptroller General of the United States ‘‘(4) The term ‘unit’ means a unit of the armed the reasons therefor, including a description’’ shall submit to the congressional defense com- forces at the battalion, squadron, or an equiva- and inserting ‘‘, the reasons therefor, a certifi- mittees a report including objective criteria to be lent level (or a higher level).’’. cation that the mission requirement identified in used by the Department of Defense to make de- SEC. 2706. REPORT ON REORGANIZATION OF AIR the justification data provided to Congress can cisions relating to realignments of units em- FORCE MATERIEL COMMAND ORGA- be still be met with the reduced scope, and a deployed at military installations that are not cov- NIZATIONS. scription’’; and ered by the requirements of section 2687 of title (a) IN GENERAL.—Not later than 180 days (4) by adding at the end the following new 10, United States Code, and closures of military after the date of the enactment of this Act, the subsection:

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00147 Fmt 4624 Sfmt 6333 E:\CR\FM\A12DE6.041 S12DEPT1 tjames on DSK6SPTVN1PROD with S7900 CONGRESSIONAL RECORD — SENATE December 12, 2012 ‘‘(e) Notwithstanding the authority under ‘‘(vi) Provision of funds pursuant to an agree- to the Department of Veterans Affairs (in this subsections (a) through (d), the Secretary con- ment under section 2684a of this title.’’. section referred to as the ‘‘Department’’) all cerned shall ensure compliance of contracts for SEC. 2812. CLARIFICATION OF PARTIES WITH right, title, and interest of the United States in military construction projects and for the con- WHOM DEPARTMENT OF DEFENSE and to a parcel of unimproved real property struction, improvement, and acquisition of mili- MAY CONDUCT EXCHANGES OF REAL consisting of approximately 5 acres of the Local tary family housing projects with section 1341 of PROPERTY AT MILITARY INSTALLA- Training Area for the Browning Army Reserve title 31, United States Code (commonly referred TIONS. Center, Utah, for the purpose of constructing to as the ‘Anti-Deficiency Act’).’’. Section 2869(a)(1) of title 10, United States and operating a Community Based Outpatient SEC. 2802. COMPTROLLER GENERAL REPORT ON Code is amended— Clinic adjacent to the George E. Wahlen Vet- IN-KIND PAYMENTS. (1) by striking ‘‘eligible’’; and erans Home in Ogden, Utah. (a) REPORTS REQUIRED.— (2) by striking ‘‘entity’’ both places it appears (b) PAYMENT OF COSTS OF CONVEYANCE.— (1) INITIAL REPORT.—Not later than 180 days and inserting ‘‘person’’. (1) PAYMENT REQUIRED.—The Secretary may after the date of the enactment of this Act, the Subtitle C—Energy Security require the Department to cover costs to be incurred by the Secretary, or to reimburse the Sec- Comptroller General of the United States shall SEC. 2821. GUIDANCE ON FINANCING FOR RENEW- submit to the congressional defense committees a ABLE ENERGY PROJECTS. retary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), report on the construction or renovation of De- (a) GUIDANCE ON USE OF AVAILABLE FINANC- including survey costs, costs related to environ- partment of Defense facilities with in-kind pay- ING APPROACHES.—Not later than 180 days after ments. The report shall cover construction or the date of the enactment of this Act, the Sec- mental documentation, and other administrative renovation projects begun during the preceding retary of Defense, in consultation with the costs related to the conveyance. If amounts paid two years. Under Secretary of Defense for Acquisition, to the Secretary in advance exceed the costs ac- (2) UPDATES.—Not later than one year after Technology, and Logistics and the Deputy tually incurred by the Secretary to carry out the submitting the report required under paragraph Under Secretary of Defense for Installations conveyance, the Secretary shall refund the ex- (1), and annually thereafter for 3 years, the and Environment, shall issue guidance about cess amount to the Department. (2) TREATMENT OF AMOUNTS RECEIVED.— Comptroller General shall submit to the congres- the use of available financing approaches for fi- Amounts received as reimbursement under para- sional defense committees a report covering nancing renewable energy projects and direct graph (1) shall be credited to the fund or ac- projects begun since the most recent report. the Secretaries of the military departments to count that was used to cover the costs incurred (b) CONTENT.—Each report required under update their guidance accordingly. The guid- by the Department. Amounts so credited shall be subsection (a) shall include the following ele- ance should describe the requirements and re- merged with amounts in such fund or account, ments: strictions applicable to the underlying authori- and shall be available for the same purposes, (1) A listing of each facility constructed or ties and any Department of Defense-specific and subject to the same conditions and limita- renovated for the Department of Defense as guidelines for using appropriated funds and al- tions, as amounts in such fund or account. payment in kind. ternative-financing approaches for renewable (2) The value in United States dollars of that (c) DESCRIPTION OF PROPERTY.—The exact energy projects. acreage and legal description of the real prop- construction or renovation. (b) GUIDANCE ON USE OF BUSINESS CASE ANAL- (3) The source of the in-kind payment. erty to be conveyed under subsection (a) shall be YSES.—Not later than 180 days after the date of (4) The agreement pursuant to which the in- determined by a survey satisfactory to the Sec- the enactment of this Act, the Secretary of De- kind payment was made. retary. fense, in consultation with the Under Secretary (5) A description of the purpose and need for (d) ADDITIONAL TERMS AND CONDITIONS.—The of Defense for Acquisition, Technology, and Lo- the construction or renovation. Secretary may require such additional terms gistics, the Deputy Under Secretary of Defense and conditions in connection with the convey- SEC. 2803. EXTENSION OF TEMPORARY, LIMITED for Installations and Environment, and the Sec- AUTHORITY TO USE OPERATION AND ance under subsection (a) as the Secretary con- MAINTENANCE FUNDS FOR CON- retaries of the military departments, shall issue siders appropriate to protect the interests of the STRUCTION PROJECTS IN CERTAIN guidance that establishes and clearly describes United States. AREAS OUTSIDE THE UNITED the processes used by the military departments SEC. 2832. USE OF PROCEEDS, LAND CONVEY- STATES. to select financing approaches for renewable en- ANCE, TYNDALL AIR FORCE BASE, Section 2808 of the Military Construction Au- ergy projects to ensure that business case anal- FLORIDA. thorization Act for Fiscal Year 2004 (division B yses are completed to maximize benefits and Section 2862(c) of the National Defense Au- of Public Law 108–136; 117 Stat. 1723), as most mitigate drawbacks and risks associated with thorization Act for Fiscal Year 2000 (Public Law recently amended by section 2804 of the Military different financing approaches. 106–65; 113 Stat. 868) is amended— Construction Authorization Act for Fiscal Year (c) INFORMATION SHARING.—Not later than 180 (1) by striking ‘‘and to improve’’ and inserting 2012 (division B of Public Law 112–81; 125 Stat. days after the date of the enactment of this Act, ‘‘, to improve’’; and 1685), is further amended— the Secretary of Defense, in consultation with (2) by inserting before the period at the end (1) in subsection (c)— the Under Secretary of Defense for Acquisition, the following: ‘‘, or for other purposes, subject (A) by striking paragraph (2); Technology, and Logistics and the Deputy to the limitations described in section 2667(e) of (B) by redesignating paragraph (3) as para- Under Secretary of Defense for Installations title 10, United States Code’’. graph (2); and and Environment, shall develop a formalized Subtitle E—Other Matters (C) in paragraph (2), as so redesignated, by communications process, such as a shared Inter- SEC. 2841. CLARIFICATION OF AUTHORITY OF striking the second sentence; and net website, that will enable officials at military SECRETARY TO ASSIST WITH DEVEL- (2) in subsection (h)— installations to have timely access on an ongo- OPMENT OF PUBLIC INFRASTRUC- (A) in paragraph (1), by striking ‘‘September ing basis to information related to financing re- TURE IN CONNECTION WITH THE ES- 30, 2012’’ and inserting ‘‘September 30, 2013’’; newable energy projects on other installations, TABLISHMENT OR EXPANSION OF A and including best practices and lessons that offi- MILITARY INSTALLATION. (B) in paragraph (2), by striking ‘‘fiscal year cials at other installations have learned from Section 2391 of title 10, United States Code, is 2013’’ and inserting ‘‘fiscal year 2014’’. their experiences in financing renewable energy amended— (1) by redesignating subsections (d) and (e) as Subtitle B—Real Property and Facilities projects. Administration subsections (e) and (f), respectively; SEC. 2822. CONTINUATION OF LIMITATION ON (2) by inserting after subsection (c) the fol- SEC. 2811. AUTHORITY TO ACCEPT AS CONSIDER- USE OF FUNDS FOR LEADERSHIP IN lowing new subsection: ENERGY AND ENVIRONMENTAL DE- ATION FOR LEASES OF NON-EXCESS ‘‘(d) AUTHORIZATION REQUIREMENT.—If the SIGN (LEED) GOLD OR PLATINUM PROPERTY OF MILITARY DEPART- Secretary of Defense determines that any grant, MENTS AND DEFENSE AGENCIES CERTIFICATION. REAL PROPERTY INTERESTS AND Section 2830(b)(1) of the Military Construction cooperative agreement, or supplement of funds NATURAL RESOURCE MANAGEMENT Authorization Act for Fiscal Year 2012 (division available under Federal programs administered SERVICES RELATED TO AGREE- B of Public Law 112–81; 125 Stat. 1695) is amend- by agencies other than the Department of De- MENTS TO LIMIT ENCROACHMENT. ed— fense provided under this section will result in Section 2667 of title 10, United States Code, is (1) by striking ‘‘authorized to be appropriated the development (including repair, replacement, amended— by this Act’’ and inserting ‘‘authorized to be ap- renovation, conversion, improvement, expan- (1) in subsection (c)— propriated’’; and sion, or construction) of public infrastructure, (A) in paragraph (1), by adding at the end the (2) by inserting before the period at the end such grant, cooperative agreement, or supple- following new subparagraph: the following: ‘‘until the date that is six months mental funding shall be specifically authorized ‘‘(G) Provision of interests in real property for after the date of the submittal to the congres- by law.’’; and the purposes specified in section 2684a of this (3) in subsection (e), as redesignated by para- sional defense committees of the report required title and provision of natural resource manage- graph (1), by adding at the end the following by subsection (a)’’. ment services on such real property.’’; and new paragraph: (B) in paragraph (2), by striking ‘‘accepted at Subtitle D—Land Conveyances ‘‘(4) The term ‘public infrastructure’ means any property or facilities’’ and inserting ‘‘ac- SEC. 2831. LAND CONVEYANCE, LOCAL TRAINING any utility, road, method of transportation, or cepted at or for the benefit of any property or AREA FOR BROWNING ARMY RE- facility under the control of a State or local gov- facilities’’; and SERVE CENTER, UTAH. ernment or a private entity that is used by, or (2) in subsection (e)(1)(C), by adding at the (a) CONVEYANCE AUTHORIZED.—The Secretary constructed for the benefit of, the general pub- end the following new clause: of the Army may convey, without consideration, lic.’’.

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SEC. 2842. PETERSBURG NATIONAL BATTLEFIELD B of Public Law 112–81; 125 Stat. 1706; 10 U.S.C. ‘‘(b) LIMITATION ON COST.—The cost of the BOUNDARY MODIFICATION. 2223a note) is amended— building constructed under subsection (a) may (a) IN GENERAL.—The boundary of Petersburg (1) by striking ‘‘EXCEPTION.—The Chief’’ and not exceed $3,700,000,000. National Battlefield is modified to include the inserting the following: ‘‘EXCEPTIONS.— ‘‘(c) PROJECT BASIS.—The construction au- properties as generally depicted on the map ti- ‘‘(1) EXEMPTION AUTHORITY.—The Chief’’; thorized by subsection (a) shall use as it basis tled ‘‘Petersburg National Battlefield Boundary and the facility project in the Department of Energy Expansion’’, numbered 325/80,080, and dated (2) by inserting at the end the following new Readiness and Technical Base designated 04–D– June 2007. The map shall be on file and avail- paragraph: 125 (chemistry and metallurgy facility replace- able for inspection in the appropriate offices of ‘‘(2) The Chief Information Officer of the De- ment project at Los Alamos National Labora- the National Park Service. partment may exempt from the applicability of tory). (b) ACQUISITION OF PROPERTIES.—The Sec- this section research, development, test, and ‘‘(d) DEADLINE FOR COMMENCEMENT OF OPER- retary of the Interior (referred to in this section evaluation programs that use authorization or ATIONS.—The building constructed under sub- as the ‘‘Secretary’’) is authorized to acquire the appropriations for the High Performance Com- section (a) shall commence operations not later lands or interests in land, described in sub- puting Modernization Program (Program Ele- than December 31, 2024.’’. section (a), from willing sellers only by dona- ment 0603461A), if the Chief Information Officer (2) CLERICAL AND TECHNICAL AMENDMENT.— tion, purchase with donated or appropriated determines that the exemption is in the best in- The table of contents in section 4001(b) of such funds, exchange, or transfer. terest of national security.’’. Act is amended by inserting after the item relat- (c) ADMINISTRATION.—The Secretary shall ad- DIVISION C—DEPARTMENT OF ENERGY ing to 4213 the following new items: minister any land or interests in land acquired ‘‘Sec. 4214. Plan for transformation of National NATIONAL SECURITY AUTHORIZATIONS under subsection (b) as part of the Petersburg Nuclear Security Administration AND OTHER AUTHORIZATIONS National Battlefield in accordance with applica- nuclear weapons complex. ble laws and regulations. TITLE XXXI—DEPARTMENT OF ENERGY ‘‘Sec. 4215. Replacement project for Chemistry (d) ADMINISTRATIVE JURISDICTION TRANS- NATIONAL SECURITY PROGRAMS and Metallurgy Research Build- FER.— Subtitle A—National Security Programs ing, Los Alamos National Labora- (1) IN GENERAL.—There is transferred— (A) from the Secretary to the Secretary of the Authorizations tory, New Mexico.’’. (b) FUNDING.— Army administrative jurisdiction over the ap- SEC. 3101. NATIONAL NUCLEAR SECURITY ADMIN- (1) FISCAL YEAR 2013 FUNDS.— proximately 1.170-acre parcel of land depicted as ISTRATION. (A) IN GENERAL.—Except as provided in sub- (a) AUTHORIZATION OF APPROPRIATIONS.— ‘‘Area to be transferred to Fort Lee Military paragraph (B), of the amounts authorized to be Reservation’’ on the map described in para- Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2013 appropriated by this division for fiscal year 2013 graph (2)(A); and for the National Nuclear Security Administra- (B) from the Secretary of the Army to the Sec- for the activities of the National Nuclear Secu- tion, $150,000,000 shall be available for the con- retary administrative jurisdiction over the ap- rity Administration in carrying out programs as struction of the building authorized by section proximately 1.171-acre parcel of land depicted as specified in the funding table in section 4601. 4215 of the Atomic Energy Defense Act (as ‘‘Area to be transferred to Petersburg National (b) AUTHORIZATION OF NEW PLANT added by subsection (a)). Battlefield’’ on the map described in paragraph PROJECTS.—From funds referred to in subsection (B) EXCEPTION.—The following amounts au- (2)(A). (a) that are available for carrying out plant thorized to be appropriated by this division for (2) MAP.— projects, the Secretary of Energy may carry out fiscal year 2013 for the National Nuclear Secu- (A) IN GENERAL.—The land to be transferred the following new plant projects for the Na- rity Administration shall not be available for under paragraph (1) is depicted on the map en- tional Nuclear Security Administration: the construction of the building: titled ‘‘Petersburg National Battlefield Proposed Project 13–D–301, Electrical Infrastructure (i) Amounts available for Directed Stockpile Transfer of Administrative Jurisdiction’’, num- Upgrades, Lawrence Livermore National Lab- Work. bered 325/081A, and dated May 2011. oratory/Los Alamos National Laboratory, (B) AVAILABILITY.—The map described in sub- (ii) Amounts available for Naval Reactors. $23,000,000. (iii) Amounts available for the facility project paragraph (A) shall be available for public in- Project 13–D–903, Kesselring Site Prototype spection in the appropriate offices of the Na- in the Department of Energy Readiness and Staff Building, Kesselring Site, West Milton, Technical Base designated 06–D–141. tional Park Service. New York, $14,000,000. (3) CONDITIONS OF TRANSFER.—The transfer of (2) PRIOR FISCAL YEAR FUNDS.—Amounts au- Project 13–D–904, Kesselring Site Radiological administrative jurisdiction authorized in para- thorized to be appropriated for the Department Work and Storage Building, Kesselring Site, graph (1) shall be subject to the following condi- of Energy for a fiscal year before fiscal year West Milton, New York, $2,000,000. 2013 and available for the facility project in the tions: Project 13–D–905, Remote-Handled Low-Level (A) NO REIMBURSEMENT OR CONSIDERATION.— Department of Energy Readiness and Technical Waste Disposal Project, Idaho National Labora- The transfer shall occur without reimbursement Base designated 04–D–125 (chemistry and metal- tory, Idaho, $8,900,000. or consideration. lurgy facility replacement project at Los Alamos (B) MANAGEMENT.—The land conveyed to the SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP. National Laboratory, New Mexico) shall be Secretary under paragraph (1) shall be included Funds are hereby authorized to be appro- available for the construction of the building within the boundary of the Petersburg National priated to the Department of Energy for fiscal authorized by section 4215 of the Atomic Energy Battlefield and shall be administered as part of year 2013 for defense environmental cleanup ac- Defense Act (as so added). the park in accordance with applicable laws tivities in carrying out programs as specified in SEC. 3112. SUBMITTAL TO CONGRESS OF SE- and regulations. the funding table in section 4601. LECTED ACQUISITION REPORTS AND SEC. 2843. CONGRESSIONAL NOTIFICATION WITH SEC. 3103. OTHER DEFENSE ACTIVITIES. INDEPENDENT COST ESTIMATES ON RESPECT TO OVERSIGHT AND MAIN- Funds are hereby authorized to be appro- NUCLEAR WEAPON SYSTEMS UNDER- GOING LIFE EXTENSION. TENANCE OF BASE CEMETERIES priated to the Department of Energy for fiscal (a) SUBMITTAL REQUIRED.—Subtitle A of title FOLLOWING CLOSURE OF OVERSEAS year 2013 for other defense activities in carrying MILITARY INSTALLATIONS. XLII of the Atomic Energy Defense Act (50 out programs as specified in the funding table in (a) NOTIFICATION REQUIREMENT.—Not later U.S.C. 2521 et seq.), as amended by section 3111 section 4601. than 30 days after closure of a United States of this Act, is further amended by adding at the military installation overseas, the Secretary of Subtitle B—Program Authorizations, end the following new section: Defense shall submit to the appropriate congres- Restrictions, and Limitations ‘‘SEC. 4216. SELECTED ACQUISITION REPORTS sional committees a report that details a plan to SEC. 3111. REPLACEMENT PROJECT FOR CHEM- AND INDEPENDENT COST ESTI- ensure the oversight and continued mainte- ISTRY AND METALLURGY RESEARCH MATES ON NUCLEAR WEAPON SYS- nance of the cemetery located on the military BUILDING, LOS ALAMOS NATIONAL TEMS UNDERGOING LIFE EXTEN- installation. The plan shall clearly detail which LABORATORY, NEW MEXICO. SION. Federal agency or private entity will assume re- (a) PROJECT REQUIRED.— ‘‘(a) SELECTED ACQUISITION REPORTS.—(1) sponsibility for the operation and maintenance (1) IN GENERAL.—Subtitle A of title XLII of The Secretary of Energy shall, acting through of the cemetery following the closure of the in- the Atomic Energy Defense Act (50 U.S.C. 2521 the Administrator of the National Nuclear Secu- stallation and what information with regard to et seq.) is amended by adding at the end the fol- rity Administration, submit to the congressional the cemetery has been provided to the respon- lowing new section: defense committees at the end of each fiscal- sible agency or private entity. ‘‘SEC. 4215. REPLACEMENT PROJECT FOR CHEM- year quarter a report on each nuclear weapon (b) APPROPRIATE CONGRESSIONAL COMMITTEES ISTRY AND METALLURGY RESEARCH system undergoing life extension. The reports DEFINED.—In this section, the term ‘‘appro- BUILDING, LOS ALAMOS NATIONAL shall be known as Selected Acquisition Reports priate congressional committees’’ means the LABORATORY, NEW MEXICO. for the weapon system concerned. Committees on Armed Services of the Senate and ‘‘(a) REPLACEMENT BUILDING REQUIRED.—The ‘‘(2) The information contained in the Se- the House of Representatives. Secretary of Energy shall construct at Los Ala- lected Acquisition Report for a fiscal-year quar- SEC. 2844. ADDITIONAL EXEMPTIONS FROM CER- mos National Laboratory, New Mexico a build- ter for a nuclear weapon system shall be the in- TAIN REQUIREMENTS APPLICABLE ing to replace the functions of the existing formation contained in the Selected Acquisition TO FUNDING FOR DATA SERVERS Chemistry and Metallurgy Research building at Report for such fiscal-year quarter for a major AND CENTERS. Los Alamos National Laboratory associated defense acquisition program under section 2432 Section 2867(c) of the Military Construction with Department of Energy Hazard Category 2 of title 10, United States Code, expressed in Authorization Act for Fiscal Year 2012 (division special nuclear material operations. terms of the nuclear weapon system.

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‘‘(b) INDEPENDENT COST ESTIMATES.—(1) The ministrator submits to the appropriate congres- SEC. 3115. REPEAL OF REQUIREMENT FOR AN- Secretary of Energy shall, acting through the sional committees a report setting forth the fol- NUAL UPDATE OF DEPARTMENT OF Administrator of the National Nuclear Security lowing: ENERGY DEFENSE NUCLEAR FACILI- Administration, submit to the congressional de- TIES WORKFORCE RESTRUCTURING ‘‘(1) For each country selected for the program PLAN. fense committees a cost estimate on each nuclear as of the date of such report— Section 4604 of the Atomic Energy Defense Act weapon system undergoing life extension at the ‘‘(A) a proliferation threat assessment pre- (50 U.S.C. 2704) is amended— times in production as follows: pared by the Director of National Intelligence; (1) in subsection (b)(1), by striking ‘‘and any ‘‘(A) At the completion of phase 6.2A, relating and updates of the plan under subsection (e)’’; to design definition and cost study. (2) by striking subsection (e); ‘‘(B) Before initiation of phase 6.5, relating to ‘‘(B) metrics for evaluating the success of the (3) by redesignating subsections (f) and (g) as first production. program. subsections (e) and (f), respectively; and ‘‘(2) A cost estimate for purposes of this sub- ‘‘(2) Accounting standards for the conduct of (4) in subsection (e), as redesignated by para- section may not be prepared by the Department the program approved by the Comptroller Gen- graph (3)— eral of the United States. of Energy or the National Nuclear Security Ad- (A) by striking ‘‘(1)’’ before ‘‘The Secretary’’; ministration.’’. ‘‘(d) REPORTS ON MODIFICATION OF PRO- and (b) CLERICAL AMENDMENT.—The table of con- GRAM.—Before making any modification in the (B) by striking paragraph (2). tents in section 4001(b) of such Act, as so program (whether selecting a new country for amended, is further amended by inserting after SEC. 3116. QUARTERLY REPORTS TO CONGRESS the program, ceasing the selection of a country ON FINANCIAL BALANCES FOR the item relating to 4215 the following new item: for the program, or modifying an element of the ATOMIC ENERGY DEFENSE ACTIVI- ‘‘Sec. 4216. Selected Acquisition Reports and program), the Administrator shall submit to the TIES. independent cost estimates on nu- appropriate congressional committees a report (a) REPORTS REQUIRED.—Subtitle C of title clear weapon systems undergoing on the modification. If the modification consists XLVII of the Atomic Energy Defense Act (50 life extension.’’. of the selection for the program of a country not U.S.C. 2771 et seq.) is amended by adding at the SEC. 3113. TWO-YEAR EXTENSION OF SCHEDULE previously selected for the program, the report end the following new section: FOR DISPOSITION OF WEAPONS-USA- shall include the matters specified in subsection ‘‘SEC. 4732. QUARTERLY REPORTS ON FINANCIAL BLE PLUTONIUM AT SAVANNAH (c)(1) for the country. BALANCES FOR ATOMIC ENERGY DE- RIVER SITE, AIKEN, SOUTH CARO- FENSE ACTIVITIES. LINA. ‘‘(e) APPROPRIATE CONGRESSIONAL COMMIT- ‘‘(a) REPORTS REQUIRED.—Not later than 15 Section 4306 of the Atomic Energy Defense Act TEES DEFINED.—In this section, the term ‘appro- days after the end of each fiscal year quarter, (50 U.S.C. 2566) is amended— priate congressional committees’ means— the Secretary of Energy shall submit to the con- (1) in subsection (a)(3)— ‘‘(1) the Committee on Appropriations, the gressional defense committees a report on the fi- (A) in subparagraph (C), by striking ‘‘2012’’ Committee on Armed Services, the Committee on nancial balances for each atomic energy defense and inserting ‘‘2014’’; and Foreign Relations, and the Select Committee on program at the budget control levels used in the (B) in subparagraph (D), by striking ‘‘2017’’ Intelligence of the Senate; and report accompanying the most current Act ap- and inserting ‘‘2019’’; ‘‘(2) the Committee on Appropriations, the (2) in subsection (b)— propriating funds for energy and water develop- Committee on Armed Services, the Committee on ment. (A) in paragraph (1), by striking ‘‘by January Foreign Affairs, and the Permanent Select Com- 1, 2012’’; and ‘‘(b) ELEMENTS.—Each report under sub- mittee on Intelligence of the House of Represent- section (a) shall set forth, for each program cov- (B) in paragraph (5), by striking ‘‘2012’’ and atives.’’. inserting ‘‘2014’’; ered by such report, the following as of the end (3) in subsection (c)— (2) CLERICAL AMENDMENT.—The table of con- of the fiscal year quarter covered by such re- (A) in the matter preceding paragraph (1), by tents in section 4001(b) of such Act (division D port: striking ‘‘2012’’ and inserting ‘‘2014’’; of Public Law 107–314) is amended by inserting ‘‘(1) The total amount authorized to be appro- (B) in paragraph (1), by striking ‘‘2014’’ and after the item relating to section 4308 the fol- priated, including amounts authorized to be ap- inserting ‘‘2016’’; and lowing new item: propriated in the current fiscal year and (C) in paragraph (2), by striking ‘‘2020’’ each ‘‘Sec. 4309. Program on scientific engagement amounts authorized to be appropriated for prior place it appears and inserting ‘‘2022’’; for nonproliferation.’’. fiscal years. (4) in subsection (d)— (b) REPORT ON COORDINATION WITH OTHER ‘‘(2) The amount unobligated. ‘‘(3) The amount unobligated but committed. (A) in paragraph (1)— UNITED STATES NONPROLIFERATION PRO- ‘‘(4) The amount obligated, but uncosted. (i) by striking ‘‘2014’’ and inserting ‘‘2016’’; GRAMS.—Not later than 180 days after the date ‘‘(c) PRESENTATION.—Each report under sub- and of the enactment of this Act, the Administrator section (a) shall present information as follows: (ii) by striking ‘‘2019’’ and inserting ‘‘2021’’; of the National Nuclear Security Administration ‘‘(1) For each program, in summary form and and shall submit to the appropriate congressional by fiscal year. (B) in paragraph (2)(A), by striking ‘‘2020’’ committees a report describing the manner in ‘‘(2) With financial balances in connection each place it appears and inserting ‘‘2022’’; and which the program on scientific engagement for with funding under recurring DoE national se- (5) in subsection (e), by striking ‘‘2023’’ and nonproliferation under section 4309 of the Atom- curity authorizations (as that term is defined in inserting ‘‘2025’’. ic Energy Defense Act (as added by subsection section 4701(1)) presented separately from bal- SEC. 3114. PROGRAM ON SCIENTIFIC ENGAGE- (a)) coordinates with and complements, but does ances in connection with funding under any MENT FOR NONPROLIFERATION. not duplicate, other nonproliferation programs other provisions of law.’’. (a) PROGRAM REQUIRED.— of the United States Government. (1) IN GENERAL.—Title XLIII of the Atomic (b) CLERICAL AMENDMENT.—The table of con- (c) COMPTROLLER GENERAL OF THE UNITED Energy Defense Act (50 U.S.C. 2562 et seq.) is tents in section 4001(b) of such Act is amended STATES REPORT.—Not later than two years after by inserting after the item relating to section amended by adding at the end the following the date of the enactment of this Act, the Comp- new section: 4731 the following new item: troller General of the United States shall submit ‘‘Sec. 4732. Quarterly reports on financial bal- ‘‘SEC. 4309. PROGRAM ON SCIENTIFIC ENGAGE- to the appropriate congressional committees a MENT FOR NONPROLIFERATION. ances for atomic energy defense report on the program on scientific engagement activities.’’. ‘‘(a) PROGRAM REQUIRED.—(1) The Secretary for nonproliferation under section 4309 of the SEC. 3117. TRANSPARENCY IN CONTRACTOR PER- of Energy shall, acting through the Adminis- Atomic Energy Defense Act (as so added). The trator of the National Nuclear Security Adminis- FORMANCE EVALUATIONS BY THE report shall include an assessment by the Comp- NATIONAL NUCLEAR SECURITY AD- tration, carry out a program on scientific en- troller General of the success of the program, as MINISTRATION LEADING TO AWARD gagement in countries selected by the Secretary determined in accordance with the metrics for FEES. for purposes of the program in order to advance evaluating the success of the program under (a) PUBLICATION REQUIRED.— global nonproliferation and nuclear security ef- subsection (c)(1)(B) of such section 4309, and (1) IN GENERAL.—Subtitle A of title XLVIII of forts. such other matters on the program as the Comp- the Atomic Energy Defense Act (50 U.S.C. 2781 ‘‘(2) The program required by this section troller General considers appropriate. et seq.) is amended by adding at the end the fol- shall be a distinct program from the Global Ini- (d) APPROPRIATE CONGRESSIONAL COMMITTEES lowing new section: tiatives for Proliferation Prevention program. DEFINED.—In this section, the term ‘‘appro- ‘‘SEC. 4805. PUBLICATION OF CONTRACTOR PER- ‘‘(b) ELEMENTS.—The program shall include priate congressional committees’’ means— FORMANCE EVALUATIONS BY THE the elements as follows: NATIONAL NUCLEAR SECURITY AD- ‘‘(1) Training and capacity-building to (1) the Committee on Appropriations, the Com- MINISTRATION LEADING TO AWARD strengthen nonproliferation and security best mittee on Armed Services, the Committee on For- FEES. practices. eign Relations, and the Select Committee on In- ‘‘(a) IN GENERAL.—The Administrator of the ‘‘(2) Engagement of United States scientists telligence of the Senate; and National Nuclear Security Administration shall with foreign counterparts to advance non- (2) the Committee on Appropriations, the Com- take appropriate actions to make available, to proliferation goals. mittee on Armed Services, the Committee on For- the maximum extent practicable, to the public ‘‘(c) REPORT ON COMMENCEMENT OF PRO- eign Affairs, and the Permanent Select Com- each contractor performance evaluation con- GRAM.—Funds may not be expended under the mittee on Intelligence of the House of Represent- ducted by the Administration of a national lab- program required by this section until the Ad- atives. oratory, production plant, or single user facility

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under the management responsibility of the Ad- (b) BUDGETING AND AUTHORIZATION FOR EACH ing ‘‘geothermal,’’ and inserting ‘‘geothermal ministration that results in the award of an PHASE.— (including geothermal heat pumps),’’. award fee to the contractor concerned. (1) BUDGETING FOR EACH PHASE REQUIRED.— Subtitle C—Reports ‘‘(b) FORMAT.—Performance evaluations shall The Secretary of Energy shall budget separately SEC. 3131. REPORT ON ACTIONS REQUIRED FOR be made public under this section in a common for each phase under subsection (a) of the TRANSITION OF REGULATION OF format that facilitates comparisons of perform- project referred to in that subsection. NON-NUCLEAR ACTIVITIES OF THE ance evaluations between and among similar (2) FUNDING PURSUANT TO SEPARATE AUTHOR- NATIONAL NUCLEAR SECURITY AD- management contracts.’’. IZATIONS OF APPROPRIATIONS.—The Secretary MINISTRATION TO OTHER FEDERAL (2) CLERICAL AMENDMENT.—The table of con- may not proceed with a phase under subsection AGENCIES. tents in section 4001(b) of that Act is amended (a) of the project referred to in that subsection Not later than February 28, 2013, the Sec- by inserting after the item relating to section except with funds expressly authorized to be ap- retary of Energy shall, acting through the Ad- 4804 the following new item: propriated for that phase by law. ministrator of the National Nuclear Security Ad- ministration, submit to Congress a report on the ‘‘Sec. 4805. Publication of contractor perform- (c) COMPLIANCE OF PHASES WITH DOE ORDER actions required to transition, to the maximum ance evaluations by the National ON PROGRAM AND PROJECT MANAGEMENT.—Each Nuclear Security Administration phase under subsection (a) of the project re- extent practicable, the regulation of the non-nuclear activities of the National Nuclear Security leading to award fees.’’. ferred to in that subsection shall comply with Administration to other appropriate agencies of (b) EFFECTIVE DATE.—The amendments made Department of Energy Order 413.3, relating to the Federal Government by not later than Octo- by subsection (a) shall take effect on the date of Program Management and Project Management ber 1, 2017. the enactment of this Act, and shall apply with for the Acquisition of Capital Assets. SEC. 3132. REPORT ON CONSOLIDATION OF FA- respect to contractor performance evaluations (d) LIMITATION ON COST OF PHASE I.—The conducted by the National Nuclear Security Ad- CILITIES OF THE NATIONAL NU- total cost of Phase I under subsection (a) of the CLEAR SECURITY ADMINISTRATION. ministration on or after that date. project referred to in that subsection may not (a) REPORT REQUIRED.—Not later than 180 SEC. 3118. EXPANSION OF AUTHORITY TO ESTAB- exceed $4,200,000,000. days after the date of the enactment of this Act, LISH CERTAIN SCIENTIFIC, ENGI- SEC. 3121. AUTHORITY TO RESTORE CERTAIN the Nuclear Weapons Council shall submit to NEERING, AND TECHNICAL POSI- FORMERLY RESTRICTED DATA TO TIONS. the congressional defense committees a report THE RESTRICTED DATA CATEGORY. setting forth the assessment of the Council as to (a) NUMBER OF POSITIONS.—Section 3241 of (a) IN GENERAL.—Section 142 of the Atomic the National Nuclear Security Administration the feasibility of consolidating facilities and Energy Act of 1954 (42 U.S.C. 2162) is amended— functions of the National Nuclear Security Ad- Act (50 U.S.C. 2441) is amended by striking (1) in subsection d.— ‘‘300’’ and inserting ‘‘700’’. ministration in order to reduce costs. (A) by inserting ‘‘(1)’’ before ‘‘The Commis- (b) PROCESS FOR CONSOLIDATION.—If the as- (b) EXTENSION TO CONTRACTING POSITIONS.— sion’’; and sessment of the Council in the report under sub- Such section is further amended by inserting (B) by adding at the end the following new section (a) is that excess facilities exist and the ‘‘contracting,’’ before ‘‘scientific’’. paragraphs: consolidation of facilities and functions of the (c) CONFORMING AMENDMENT.—The heading ‘‘(2) The Commission may restore to the Re- Administration is feasible and would reduce of such section is amended to read as follows: stricted Data category any information related cost, the report shall include recommendations ‘‘SEC. 3241. AUTHORITY TO ESTABLISH CERTAIN to the design of nuclear weapons removed under for a process to determine the manner in which CONTRACTING, SCIENTIFIC, ENGI- paragraph (1) if the Commission and the De- NEERING, AND TECHNICAL POSI- the consolidation should be accomplished, in- TIONS.’’. partment of Defense jointly determine that— cluding an estimate of the time to be required to (d) CLERICAL AMENDMENT.—The table of con- ‘‘(A) the programmatic requirements that complete the process. tents for the National Nuclear Security Adminis- caused the information to be removed from the (c) LIMITATION ON AVAILABILITY OF CERTAIN tration Act is amended by striking the item re- Restricted Data category are no longer applica- FUNDS PENDING REPORT.—Amounts authorized lating to section 3241 and inserting the following ble or have diminished; to be appropriated by this title and available for new item: ‘‘(B) the information would be more appro- the facility projects in the Department of En- ‘‘Sec. 3241. Authority to establish certain con- priately protected as Restricted Data; and ergy Readiness and Technical Base designated tracting, scientific, engineering, ‘‘(C) restoring the information to the Re- 04–D–125 and 06–D–141 may not be obligated or and technical positions.’’. stricted Data category is in the interest of na- expended for CD–3, Start of Construction (as tional security. found in Department of Energy Order 413.3 B SEC. 3119. MODIFICATION AND EXTENSION OF AUTHORITY ON ACCEPTANCE OF ‘‘(3) Information related to the design of nu- Program and Project Management for the Ac- CONTRIBUTIONS FOR ACCELERA- clear weapons shall be restored to the Restricted quisition of Capital Assets,) until the submittal TION OF REMOVAL OR SECURITY OF Data category under paragraph (2) in accord- under subsection (a) of the report required by FISSILE MATERIALS, RADIOLOGICAL ance with regulations prescribed by the Commis- that subsection. MATERIALS, AND RELATED EQUIP- sion for purposes of that paragraph.’’; and SEC. 3133. REGIONAL RADIOLOGICAL SECURITY MENT AT VULNERABLE SITES (2) in subsection e.— ZONES. WORLDWIDE. (A) by inserting ‘‘(1)’’ before ‘‘The Commis- (a) FINDINGS.—Congress makes the following (a) PROGRAMS FOR WHICH FUNDS MAY BE AC- sion’’; and findings: CEPTED.—Paragraph (2) of section 3132(f) of the (B) by adding at the end the following new (1) A terrorist attack using high-activity radi- Ronald W. Reagan National Defense Authoriza- paragraphs: ological materials, such as in a dirty bomb, tion Act for Fiscal Year 2005 (50 U.S.C. 2569(f)) ‘‘(2) The Commission may restore to the Re- could inflict billions of dollars of economic costs is amended to read as follows: stricted Data category any information con- and considerable societal and economic disloca- ‘‘(2) PROGRAMS COVERED.—The programs de- cerning atomic energy programs of other nations tion, with effects and costs possibly lasting for scribed in this paragraph are any programs removed under paragraph (1) if the Commission years. within the Office of Defense Nuclear Non- and the Director of National Intelligence jointly (2) It may be easier for terrorists to obtain the proliferation of the National Nuclear Security determine that— materials for, and to fabricate, a dirty bomb Administration.’’. ‘‘(A) the programmatic requirements that than an improvised nuclear device. (b) EXTENSION.—Paragraph (7) of such section caused the information to be removed from the (3) Radiological materials are in widespread is amended by striking ‘‘December 31, 2013’’ and Restricted Data category are no longer applica- use worldwide, with estimates of the number of inserting ‘‘December 31, 2018’’. ble or have diminished; radiological sources ranging from 100,000 to mil- SEC. 3120. COST CONTAINMENT FOR Y–12 URA- ‘‘(B) the information would be more appro- lions. NIUM PROCESSING FACILITY, Y–12 (4) Many nations have a security and regu- priately protected as Restricted Data; and NATIONAL SECURITY COMPLEX, OAK latory regime for their radiological sources that ‘‘(C) restoring the information to the Re- RIDGE, TENNESSEE. is much less developed than that of the United stricted Data category is in the interest of na- (a) EXECUTION PHASES FOR PROJECT.—Project States. tional security. 06–D–141 for the Y–12 Uranium Processing Fa- (5) Radiological materials are used at many ‘‘(3) Information concerning atomic energy cility, Y–12 National Security Complex, Oak civilian sites including hospitals, industrial programs of other nations shall be restored to Ridge, Tennessee, shall be broken into separate sites, and other locations that have little secu- the Restricted Data category under paragraph execution phases as follows rity, placing these materials at risk of theft. (1) Phase I, which shall consist of processes (2) in accordance with regulations prescribed by (6) Many radiological materials have become associated with building 9212, including ura- the Commission for purposes of that para- lost, disused, unwanted, or abandoned, with the nium casting and uranium chemical processing. graph.’’. Global Threat Reduction Initiative of the Na- (2) Phase II, which shall consist of processes (b) TECHNICAL AMENDMENT.—Paragraph (1) of tional Nuclear Security Administration having associated with buildings 9215 and 9998, includ- subsection (e) of such section, as designated by recovered more than 30,000 radioactive sources ing uranium metal working, machining, and in- subsection (a)(2)(A) of this section, is further in the United States, repatriated more than spection. amended by striking ‘‘Director of Central Intel- 2,400 United States-origin sources from other (3) Phase III, which shall consist of processes ligence’’ and inserting ‘‘Director of National In- countries, and helped recover more than 13,000 associated with building 9204–2E. including ra- telligence’’. radioactive sources and radioisotope thermo- diography, assembly, disassembly, quality eval- SEC. 3122. RENEWABLE ENERGY. electric generators in other countries. uation, and production certification operations Section 203(b)(2) of the Energy Policy Act of (7) High-activity radiological materials can be of nuclear weapon secondaries. 2005 (42 U.S.C. 15852(b)(2)) is amended by strik- used in a dirty bomb.

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(b) SENSE OF CONGRESS.—It is the sense of Affairs, and the Committee on Foreign Relations (D) in paragraph (2), as redesignated by sub- Congress that United States and global non- of the Senate; and paragraph (C), by striking ‘‘the end of the pe- proliferation efforts should place a high priority (2) the Committee on Armed Services, the Com- riod described in paragraph (2)’’ and inserting on programs to secure high-activity radiological mittee on Homeland Security, and the Com- ‘‘August 30, 2012’’; and sources to reduce the threat of radiological ter- mittee on Foreign Affairs of the House of Rep- (2) in subsection (d)— rorism. resentatives. (A) in paragraph (1), by striking ‘‘Beginning (c) STUDY.— SEC. 3134. REPORT ON LEGACY URANIUM MINES. on the date on which the Comptroller General (1) IN GENERAL.—Not later than 180 days after (a) REPORT.— submits the last report required under sub- the date of the enactment of this Act, the Ad- (1) IN GENERAL.—The Secretary of Energy section (c)(3), the Comptroller General shall con- ministrator of the National Nuclear Security Ad- shall undertake a review of, and prepare a re- duct a review of the following:’’ and inserting ministration shall submit to the appropriate port on, abandoned uranium mines at which ‘‘Following the submittal of the final report re- committees of Congress a study in accordance uranium ore was mined for the weapons pro- quired under subsection (c)(2), the Comptroller with paragraph (3). gram of the United States (hereinafter referred General shall conduct a review of the fol- (2) CONSULTATION.—The Administrator may, to as ‘‘legacy uranium mines’’). lowing:’’; and (B) in paragraph (2), by striking ‘‘Not later in conducting the study required under para- (2) MATTERS TO BE ADDRESSED.—The report graph (1), consult with the Secretary of Home- shall describe and analyze— than 90 days after submitting the last report re- land Security, the Secretary of State, the Nu- (A) the location of the legacy uranium mines quired under subsection (c)(3)’’ and inserting clear Regulatory Commission, and such other on Federal, State, tribal, and private land, tak- ‘‘Within seven months after receiving notifica- departments and agencies of the United States ing into account any existing inventories under- tion that all American Recovery and Reinvest- Government as the Administrator considers ap- taken by Federal agencies, States, and Indian ment Act funds have been expended, but not propriate. tribes, and any additional information available later than April 30, 2016’’. (3) MATTERS INCLUDED.—The study under to the Secretary; Subtitle D—Other Matters paragraph (1) shall include the following: (B) the extent to which the legacy uranium SEC. 3141. SENSE OF CONGRESS ON OVERSIGHT (A) An assessment of the radioactive isotopes mines— OF THE NUCLEAR SECURITY ENTER- and associated activity levels that present the (i) may pose a potential and significant radi- PRISE. greatest risk to national and international secu- ation health hazard to the public; (a) FINDINGS.—Congress makes the following rity. (ii) may pose some other threat to public findings: (B) A review of current United States Govern- health and safety hazard; (1) In 2000, the National Nuclear Security Ad- ment efforts to secure radiological materials (iii) have caused, or may cause, degradation ministration was established as an independent abroad, including coordination with foreign of water quality; and entity within the Department of Energy to man- governments, the European Union, the Inter- (iv) have caused, or may cause, environmental age and secure the nuclear weapons stockpile of national Atomic Energy Agency, other inter- degradation; the United States and to manage nuclear non- national programs, and nongovernmental orga- (C) a ranking of priority by category for the proliferation and naval reactor programs. nizations that identify, register, secure, remove, remediation and reclamation of the legacy ura- (2) Serious security and health incidents con- and provide for the disposition of high-risk radi- nium mines; tinue to occur at sites of the National Nuclear ological materials worldwide. (D) the potential cost and feasibility of reme- Security Administration. (3) In September 2012, an official of the Gov- (C) A review of current United States Govern- diating and reclaiming, in accordance with ap- ernment Accountability Office testified to Con- ment efforts to secure radiological materials do- plicable Federal law, each category of legacy gress that lax laboratory attitudes toward safety mestically at civilian sites, including hospitals, uranium mines; and industrial sites, and other locations. (E) the status of any efforts to remediate and procedures, laboratory inadequacies in identifying and addressing safety problems with ap- (D) A definition of regional radiological secu- reclaim legacy uranium mines. propriate corrective actions, and inadequate rity zones, including the subset of the materials (b) RECOMMENDATIONS.—The report shall— of concern to be the immediate focus and the se- (1) make recommendations as to how to ensure oversight by site offices of the National Nuclear curity best practices required to achieve that most feasibly and effectively and expeditiously Security Administration were responsible for goal. that the public health and safety, water re- nearly 100 safety incidents since 2000. (4) On July 28, 2012, three unarmed individ- (E) An assessment of the feasibility, cost, de- sources, and the environment will be protected uals compromised security at the Y–12 National sirability, and added benefit of establishing re- from the adverse effects of legacy uranium Security Complex in Oak Ridge, Tennessee, and gional radiological security zones in high pri- mines; and ority areas worldwide in order to facilitate re- (2) make recommendations on changes, if any, according to the Government Accountability Of- gional collaboration in— to Federal law to address the remediation and fice, ‘‘gained access to the protected security (i) identifying and inventorying high-activity reclamation of legacy uranium mines. area directly adjacent to one of the nation’s radiological sources at high-risk sites; (c) CONSULTATION.—In preparing the report, most critically important nuclear weapons-re- (ii) reviewing national level regulations, in- the Secretary of Energy shall consult with any lated facilities’’. (5) In June 2006, hackers attacked an unclas- spections, transportation security, and security other relevant Federal agencies, affected States sified computer system at the National Nuclear upgrade options; and and Indian tribes, and interested members of the Security Administration’s Service Center in Al- (iii) assessing opportunities for the harmoni- public. buquerque, New Mexico, and gained access to a zation of regulations and security practices (d) REPORT TO CONGRESS.—Not later than 18 among the nations of the region. months after the date of enactment of this Act, file containing the names and social security (F) An assessment of the feasibility, cost, de- the Secretary of Energy shall submit to the Com- numbers of more than 1,500 employees of the Na- sirability, and added benefit of establishing re- mittee on Armed Services and the Committee on tional Nuclear Security Administration. (6) As early as February 2005, the Inspector mote regional monitoring centers that would re- Energy and Natural Resources of the Senate General of the Department of Energy identified ceive real-time data from radiological security and the appropriate Committees of the House of problems with the retrieval of badges from termi- sites, would be staffed by trained personnel from Representatives— nated employees at Los Alamos National Lab- the countries in the region, and would alert (1) the report; and local law enforcement in the event of a potential (2) the plan and timeframe of the Secretary of oratory and other sites of the National Nuclear or actual terrorist incident or other emergency. Energy for implementing those recommendations Security Administration. (7) In 2004, a pattern of safety and security (G) A list and assessment of the best practices of the report that do not require legislation. used in the United States that are most critical incidents that occurred over the course of a year SEC. 3135. COMPTROLLER GENERAL OF THE prompted the stand-down of Los Alamos Na- in enhancing domestic radiological material se- UNITED STATES REVIEW OF curity and could be used to enhance radio- PROJECTS CARRIED OUT BY OFFICE tional Laboratory. logical security worldwide. OF ENVIRONMENTAL MANAGEMENT (8) The National Nuclear Security Administra- (H) An assessment of the United States entity OF THE DEPARTMENT OF ENERGY tion, independent of the safety and security re- or entities that would be best suited to lead ef- PURSUANT TO THE AMERICAN RE- form efforts of the Department of Energy, has forts to establish a radiological security zone COVERY AND REINVESTMENT ACT launched an overhaul of its contracting over- program. OF 2009. sight, placing an emphasis on contractor self- (I) An estimate of the costs associated with Section 3134 of the National Defense Author- policing through an untested ‘‘contractor assur- the implementation of a radiological security ization Act for Fiscal Year 2010 (Public Law ance’’ approach. zone program. 111–84; 123 Stat. 2713) is amended— (9) The Government Accountability Office has (J) An assessment of the known locations out- (1) in subsection (c)— given the contractor administration and project side the United States housing high-risk radio- (A) in paragraph (1), by striking ‘‘The Comp- management capabilities of the National Nu- logical materials in excess of 1,000 curies. troller General shall conduct a review during clear Security Administration a ‘‘high risk’’ des- (4) FORM.—The study required under para- the period described in paragraph (2), of the fol- ignation and found there to be insufficient graph (1) shall be submitted in unclassified lowing:’’ and inserting ‘‘Beginning on the date qualified Federal acquisition professionals to form, but may include a classified annex. of the submittal of the report required under ‘‘plan, direct, and oversee project execution’’. (d) APPROPRIATE COMMITTEES OF CONGRESS subsection (b)(2), the Comptroller General shall (b) SENSE OF CONGRESS.—It is the sense of DEFINED.—In this section, the term ‘‘appro- conduct a review of the following:’’; Congress that— priate committees of Congress’’ means— (B) by striking paragraph (2); (1) there is a need for strong, independent (1) the Committee on Armed Services, the Com- (C) by redesignating paragraph (3) as para- oversight of the United States nuclear security mittee on Homeland Security and Governmental graph (2); and enterprise;

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00152 Fmt 4624 Sfmt 6333 E:\CR\FM\A12DE6.041 S12DEPT1 tjames on DSK6SPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — SENATE S7905 (2) any attempt to reform oversight of the nu- (B) the reactor operator has provided assur- or transfer uranium in any form in exchange clear security enterprise that transfers oversight ances that, whenever an alternative nuclear re- for— from the Department of Energy to the National actor fuel, enriched in the isotope U–235 to less (A) services related to the final disposition of Nuclear Security Administration, reduces pro- than 20 percent, can be used in that reactor, it the spent nuclear fuel and radioactive waste for tections for worker health and safety at facili- will use that alternative in lieu of highly en- which the Department is responsible under ties of the National Nuclear Security Adminis- riched uranium; and paragraph (3); or tration to levels below the standards of the De- (C) the reactor operator has provided a cur- (B) any other services associated with car- partment of Energy, or transfers construction rent report on the status of its efforts to convert rying out the uranium lease and take-back pro- appropriations for the nuclear security enter- the reactor to an alternative nuclear reactor gram authorized by this subsection. prise from the Department of Energy appropria- fuel enriched in the isotope U–235 to less than 20 (d) COORDINATION OF ENVIRONMENTAL RE- tion account to the military construction appro- percent, and an anticipated schedule for com- VIEWS.—The Department and the Nuclear Regu- priation account, should be carefully evaluated; pletion of conversion. latory Commission shall ensure to the maximum (3) the Office of Health, Safety, and Security (4) PUBLIC PARTICIPATION AND REVIEW.—The extent practicable that environmental reviews of the Department of Energy, which reports to Secretary shall— for the production of the medical isotopes shall the Secretary of Energy but is also accountable (A) develop a program plan and annually up- complement and not duplicate each review. for routinely reporting to Congress on the per- date the program plan through public work- (e) OPERATIONAL DATE.—The Secretary shall formance with respect to safety and security of shops; and establish a program as described in subsection the Department, including the National Nuclear (B) use the Nuclear Science Advisory Com- (c)(3) not later than 3 years after the date of en- Security Administration, and the role of that mittee to conduct annual reviews of the progress actment of this Act. Office in overseeing safety and security at the made in achieving the program goals. (f) RADIOACTIVE WASTE.—Notwithstanding National Nuclear Security Administration, (b) DEVELOPMENT ASSISTANCE.—The Secretary section 2 of the Nuclear Waste Policy Act of 1982 should not be diminished but should be rou- shall carry out a program to provide assistance (42 U.S.C. 10101), radioactive material resulting tinely evaluated; for— from the production of medical isotopes that has (4) any future modifications to the manage- (1) the development of fuels, targets, and proc- been permanently removed from a reactor or ment or structure of the nuclear security enter- esses for domestic molybdenum-99 production subcritical assembly and for which there is no prise should be done in a way that maintains or that do not use highly enriched uranium; and further use shall be considered low-level radio- increases oversight of critical construction, secu- (2) commercial operations using the fuels, tar- active waste if the material is acceptable under rity, and acquisition capabilities; gets, and processes described in paragraph (1). Federal requirements for disposal as low-level (5) to the extent possible, oversight of pro- (c) URANIUM LEASE AND TAKE-BACK.— radioactive waste. (1) IN GENERAL.—The Secretary shall establish grams of the National Nuclear Security Admin- SEC. 3154. EXPORTS. istration by the Department of Defense should a program to make low-enriched uranium avail- Section 134 of the Atomic Energy Act of 1954 increase to ensure current and future able, through lease contracts, for irradiation for (42 U.S.C. 2160d) is amended by striking sub- warfighting requirements are met; and the production of molybdenum-99 for medical section c. and inserting the following: (6) the Nuclear Weapons Council should pro- uses. ‘‘c. Effective 7 years after the date of enact- vide proper oversight in the execution of its re- (2) TITLE.—The lease contracts shall provide ment of the American Medical Isotopes Produc- sponsibilities under section 179 of title 10, United for the producers of the molybdenum-99 to take tion Act of 2012, the Commission may not issue States Code. title to and be responsible for the molybdenum- 99 created by the irradiation, processing, or pu- a license for the export of highly enriched ura- Subtitle E—American Medical Isotopes nium from the United States for the purposes of Production rification of uranium leased under this section. (3) DUTIES.— medical isotope production. SEC. 3151. SHORT TITLE. (A) SECRETARY.—The lease contracts shall re- ‘‘d. The period referred to in subsection b. This subtitle may be cited as the ‘‘American quire the Secretary— may be extended for no more than 6 years if, no Medical Isotopes Production Act of 2012’’. (i) to retain responsibility for the final disposi- earlier than 6 years after the date of enactment SEC. 3152. DEFINITIONS. tion of spent nuclear fuel created by the irradia- of the American Medical Isotopes Production In this subtitle: tion, processing, or purification of uranium Act of 2012, the Secretary of Energy certifies to (1) DEPARTMENT.—The term ‘‘Department’’ leased under this section for the production of the Committee on Energy and Commerce of the means the Department of Energy. medical isotopes; and House of Representatives and the Committee on (2) HIGHLY ENRICHED URANIUM.—The term (ii) to take title to and be responsible for the Energy and Natural Resources of the Senate ‘‘highly enriched uranium’’ means uranium en- final disposition of radioactive waste created by that— riched to 20 percent or greater in the isotope U– the irradiation, processing, or purification of ‘‘(1) there is insufficient global supply of mo- 235. uranium leased under this section for which the lybdenum-99 produced without the use of highly (3) LOW ENRICHED URANIUM.—The term ‘‘low Secretary determines the producer does not have enriched uranium available to satisfy the do- enriched uranium’’ means uranium enriched to access to a disposal path. mestic United States market; and less than 20 percent in the isotope U–235. (B) PRODUCER.—The producer of the spent ‘‘(2) the export of United States-origin highly (4) SECRETARY.—The term ‘‘Secretary’’ means nuclear fuel and radioactive waste shall accu- enriched uranium for the purposes of medical the Secretary of Energy. rately characterize, appropriately package, and isotope production is the most effective tem- SEC. 3153. IMPROVING THE RELIABILITY OF DO- transport the spent nuclear fuel and radioactive porary means to increase the supply of molyb- MESTIC MEDICAL ISOTOPE SUPPLY. waste prior to acceptance by the Department. denum-99 to the domestic United States market. (a) MEDICAL ISOTOPE DEVELOPMENT (4) COMPENSATION.— ‘‘e. To ensure public review and comment, the PROJECTS.— (A) IN GENERAL.—Subject to subparagraph development of the certification described in (1) IN GENERAL.—The Secretary shall carry subsection c. shall be carried out through an- out a technology-neutral program— (B), the lease contracts shall provide for com- nouncement in the Federal Register. (A) to evaluate and support projects for the pensation in cash amounts equivalent to pre- ‘‘f. At any time after the restriction of export production in the United States, without the use vailing market rates for the sale of comparable licenses provided for in subsection b. becomes ef- of highly enriched uranium, of significant uranium products and for compensation in cash fective, if there is a critical shortage in the sup- quantities of molybdenum-99 for medical uses; amounts equivalent to the net present value of (B) to be carried out in cooperation with non- the cost to the Federal Government for— ply of molybdenum-99 available to satisfy the Federal entities; and (i) the final disposition of spent nuclear fuel domestic United States medical isotope needs, (C) the costs of which shall be shared in ac- and radioactive waste for which the Department the restriction of export licenses may be sus- cordance with section 988 of the Energy Policy is responsible under paragraph (3); and pended for a period of no more than 12 months, Act of 2005 (42 U.S.C. 16352). (ii) other costs associated with carrying out if— (2) CRITERIA.—Projects shall be judged the uranium lease and take-back program au- ‘‘(1) the Secretary of Energy certifies to the against the following primary criteria: thorized by this subsection. Congress that the export of United States-origin (A) The length of time necessary for the pro- (B) DISCOUNT RATE.—The discount rate used highly enriched uranium for the purposes of posed project to begin production of molyb- to determine the net present value of costs de- medical isotope production is the only effective denum-99 for medical uses within the United scribed in subparagraph (A)(ii) shall be not temporary means to increase the supply of mo- States. greater than the average interest rate on mar- lybdenum-99 necessary to meet United States (B) The capability of the proposed project to ketable Treasury securities. medical isotope needs during that period; and produce a significant percentage of United (5) AUTHORIZED USE OF FUNDS.—The Secretary ‘‘(2) the Congress enacts a Joint Resolution States demand for molybdenum-99 for medical may obligate and expend funds received under approving the temporary suspension of the re- uses. leases entered into under this subsection, which striction of export licenses. (C) The cost of the proposed project. shall remain available until expended, for the ‘‘g. As used in this section— (3) EXEMPTION.—An existing reactor in the purpose of carrying out the activities authorized ‘‘(1) the term ‘alternative nuclear reactor fuel United States fueled with highly enriched ura- by this subtitle, including activities related to or target’ means a nuclear reactor fuel or target nium shall not be disqualified from the program the final disposition of spent nuclear fuel and which is enriched to less than 20 percent in the if the Secretary determines that— radioactive waste for which the Department is isotope U–235; (A) there is no alternative nuclear reactor responsible under paragraph (3). ‘‘(2) the term ‘highly enriched uranium’ fuel, enriched in the isotope U–235 to less than (6) EXCHANGE OF URANIUM FOR SERVICES.— means uranium enriched to 20 percent or more 20 percent, that can be used in that reactor; The Secretary shall not barter or otherwise sell in the isotope U–235;

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00153 Fmt 4624 Sfmt 6333 E:\CR\FM\A12DE6.041 S12DEPT1 tjames on DSK6SPTVN1PROD with S7906 CONGRESSIONAL RECORD — SENATE December 12, 2012 ‘‘(3) a fuel or target ‘can be used’ in a nuclear ‘‘(4) the term ‘medical isotope’ includes molyb- Subtitle F—Other Matters research or test reactor if— denum-99, iodine-131, xenon-133, and other ra- SEC. 3161. CONGRESSIONAL ADVISORY PANEL ON ‘‘(A) the fuel or target has been qualified by dioactive materials used to produce a radio- THE GOVERNANCE STRUCTURE OF the Reduced Enrichment Research and Test Re- pharmaceutical for diagnostic or therapeutic THE NATIONAL NUCLEAR SECURITY actor Program of the Department of Energy; procedures or for research and development.’’. ADMINISTRATION AND ITS RELA- and TIONSHIP TO OTHER FEDERAL (b) TABLE OF CONTENTS.—The table of con- AGENCIES. ‘‘(B) use of the fuel or target will permit the tents for the Atomic Energy Act of 1954 is large majority of ongoing and planned experi- (a) ESTABLISHMENT.—There is established a amended by inserting the following new item at congressional advisory panel (in this section re- ments and medical isotope production to be con- the end of the items relating to chapter 10 of ducted in the reactor without a large percentage ferred to as the ‘‘advisory panel’’) to assess the title I: feasibility and advisability of, and make rec- increase in the total cost of operating the reac- ‘‘Sec. 112. Domestic medical isotope produc- ommendations with respect to, revising the gov- tor; and tion.’’. ‘‘(4) the term ‘medical isotope’ includes molyb- ernance structure of the National Nuclear Secu- denum-99, iodine-131, xenon-133, and other ra- SEC. 3157. ANNUAL DEPARTMENT REPORTS. rity Administration (in this section referred to as the ‘‘Administration’’) to permit the Adminis- dioactive materials used to produce a radio- (a) IN GENERAL.—Not later than 1 year after tration to operate more effectively. pharmaceutical for diagnostic or therapeutic the date of enactment of this Act, and annually (b) COMPOSITION.— procedures or for research and development.’’. thereafter for 5 years, the Secretary shall report (1) MEMBERSHIP.—The advisory panel shall be SEC. 3155. REPORT ON DISPOSITION OF EXPORTS. to Congress on Department actions to support composed of 12 members appointed as follows: Not later than 1 year after the date of the en- the production in the United States, without the (A) Three by the Speaker of the House of Rep- actment of this Act, the Chairman of the Nu- use of highly enriched uranium, of molyb- resentatives. clear Regulatory Commission, after consulting denum-99 for medical uses. (B) Three by the Minority Leader of the with other relevant agencies, shall submit to the (b) CONTENTS.—The reports shall include the House of Representatives. Congress a report detailing the current disposi- following: (C) Three by the Majority Leader of the Sen- tion of previous United States exports of highly (1) For medical isotope development projects— ate. (D) Three by the Minority Leader of the Sen- enriched uranium used as fuel or targets in a (A) the names of any recipients of Department ate. nuclear research or test reactor, including— support under section 3143; (1) their location; (2) CHAIRMAN; VICE CHAIRMAN.— (B) the amount of Department funding com- (2) whether they are irradiated; (A) CHAIRMAN.—The Speaker of the House of mitted to each project; (3) whether they have been used for the pur- Representatives and the Majority Leader of the pose stated in their export license; (C) the milestones expected to be reached for Senate shall jointly designate one member of the (4) whether they have been used for an alter- each project during the year for which support advisory panel to serve as chairman of the advi- native purpose and, if so, whether such alter- is provided; sory panel. native purpose has been explicitly approved by (D) how each project is expected to support (B) VICE CHAIRMAN.—The Minority Leader of the House of Representatives and the Minority the Commission; the increased production of molybdenum-99 for (5) the year of export, and reimportation, if medical uses; Leader of the Senate shall jointly designate one member of the advisory panel to serve as vice applicable; (E) the findings of the evaluation of projects chairman of the advisory panel. (6) their current physical and chemical forms; under section 3143(a)(2); and (3) PERIOD OF APPOINTMENT; VACANCIES.— and (F) the ultimate use of any Department funds Each member of the advisory panel shall be ap- (7) whether they are being stored in a manner used to support projects under section 3143. pointed for a term of one year and may be re- which adequately protects against theft and un- (2) A description of actions taken in the pre- appointed for an additional period lasting until authorized access. vious year by the Secretary to ensure the safe the termination of the advisory panel in accord- SEC. 3156. DOMESTIC MEDICAL ISOTOPE PRODUC- disposition of spent nuclear fuel and radioactive ance with subsection (f). Any vacancy in the TION. waste for which the Department is responsible advisory panel shall be filled in the same man- (a) IN GENERAL.—Chapter 10 of the Atomic under section 3143(c). ner as the original appointment. Energy Act of 1954 (42 U.S.C. 2131 et seq.) is (c) COOPERATION FROM FEDERAL AGENCIES.— amended by adding at the end the following: SEC. 3158. NATIONAL ACADEMY OF SCIENCES RE- PORT. (1) COOPERATION.—The advisory panel shall ‘‘SEC. 112. DOMESTIC MEDICAL ISOTOPE PRO- receive the full and timely cooperation of the DUCTION.— (a) IN GENERAL.—The Secretary shall enter Secretary of Defense, the Secretary of Energy, ‘‘a. The Commission may issue a license, or into an arrangement with the National Acad- and any other Federal official in providing the grant an amendment to an existing license, for emy of Sciences to conduct a study of the state advisory panel with analyses, briefings, and the use in the United States of highly enriched of molybdenum-99 production and utilization, to other information necessary for the advisory uranium as a target for medical isotope produc- be provided to Congress not later than 5 years panel to carry out its duties under this section. tion in a nuclear reactor, only if, in addition to after the date of enactment of this Act. (2) ACCESS TO INFORMATION.—Members of the any other requirement of this Act— (b) CONTENTS.—The report shall include the advisory panel shall have access to all informa- ‘‘(1) the Commission determines that— following: tion, including classified information, necessary ‘‘(A) there is no alternative medical isotope (1) For molybdenum-99 production— to carry out the duties of the advisory panel production target, enriched in the isotope U–235 (A) a list of all facilities in the world pro- under this section. The security clearance proc- to less than 20 percent, that can be used in that ducing molybdenum-99 for medical uses, includ- ess shall be expedited for members and staff of reactor; and ing an indication of whether these facilities use the advisory panel to the extent necessary to ‘‘(B) the proposed recipient of the medical iso- highly enriched uranium in any way; permit the advisory panel to carry out its duties tope production target has provided assurances (B) a review of international production of under this section. that, whenever an alternative medical isotope (3) LIAISON.—The Secretary of Defense, the molybdenum-99 over the previous 5 years, in- production target can be used in that reactor, it Secretary of State, and the Secretary of Energy cluding— will use that alternative in lieu of highly en- shall each designate at least one officer or em- riched uranium; and (i) whether any new production was brought ployee of the Department of Defense, Depart- ‘‘(2) the Secretary of Energy has certified that online; ment of State, and the Department of Energy, the United States Government is actively sup- (ii) whether any facilities halted production respectively, to serve as a liaison officer between porting the development of an alternative med- unexpectedly; and the department and the advisory panel. ical isotope production target that can be used (iii) whether any facilities used for production (d) REPORT REQUIRED.—Not later than 120 in that reactor. were decommissioned or otherwise permanently days after the date that each of the members of ‘‘b. As used in this section— removed from service; and the advisory panel has been appointed, the ad- ‘‘(1) the term ‘alternative medical isotope pro- (C) an assessment of progress made in the pre- visory panel shall submit to the President, the duction target’ means a nuclear reactor target vious 5 years toward establishing domestic pro- Secretary of Defense, the Secretary of Energy, which is enriched to less than 20 percent of the duction of molybdenum-99 for medical uses, in- the Committee on Armed Services of the Senate, isotope U–235; cluding the extent to which other medical iso- and the Committee on Armed Services of the ‘‘(2) a target ‘can be used’ in a nuclear re- topes that have been produced with molyb- House of Representatives an interim report on search or test reactor if— denum-99, such as iodine-131 and xenon-133, are the feasibility and advisability of revising the ‘‘(A) the target has been qualified by the Re- being used for medical purposes. governance structure of the Administration to duced Enrichment Research and Test Reactor (2) An assessment of the progress made by the permit the Administration to operate more effec- Program of the Department of Energy; and Department and others to eliminate all world- tively, to be followed by a final report prior to ‘‘(B) use of the target will permit the large wide use of highly enriched uranium in reactor the termination of the advisory panel in accord- majority of ongoing and planned experiments fuel, reactor targets, and medical isotope pro- ance with subsection (f). The reports shall in- and medical isotope production to be conducted duction facilities. clude the following: in the reactor without a large percentage in- (1) Recommendations with respect to the fol- crease in the total cost of operating the reactor; SEC. 3159. REPEAL. lowing: ‘‘(3) the term ‘highly enriched uranium’ The Nuclear Safety Research, Development, (A) The organization and structure of the Ad- means uranium enriched to 20 percent or more and Demonstration Act of 1980 (42 U.S.C. 9701 et ministration, including the roles, responsibil- in the isotope U–235; and seq.) is repealed. ities, and authorities of the Administration and

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CONTAINER-ON-BARGE TRANSPOR- ‘‘(2) coordinate with the Environmental Pro- the National Security Council, the Nuclear TATION. tection Agency, the United States Coast Guard, Weapons Council, the Department of Energy, (a) ASSESSMENT.—The Administrator of the and other Federal, State, local, or tribal agen- the Department of Defense, and other Federal Maritime Administration shall assess the poten- cies, as appropriate. agencies, as well as the national security lab- tial for using container-on-barge transportation ‘‘(c) COORDINATION.—Coordination under sub- oratories, as appropriate. in short sea transportation (as such term is de- (D) The role of the Administration in the section (b)(2) may include— fined in section 55605 of title 46, United States ‘‘(1) activities that are associated with the de- interagency process for planning, programming, Code). velopment or approval of validation and testing and budgeting with respect to the nuclear weap- (b) FACTORS.—In conducting the assessment regimes; and ons complex. under subsection (a), the Administrator shall ‘‘(2) certification or validation of emerging (E) Legislative changes necessary for revising consider— technologies or practices that demonstrate sig- the governance structure of the Administration. (1) the environmental benefits of increasing nificant environmental benefits. (F) The appropriate structure for oversight of container-on-barge movements in short sea ‘‘(d) ASSISTANCE.—The Secretary of Transpor- the Administration by congressional committees. transportation; tation may accept gifts, or enter into cooperative (G) The length of the term of the Adminis- (2) the regional differences in the use of short agreements, contracts, or other agreements with trator for Nuclear Security. sea transportation; academic, public, private, and non-govern- (H) The authority of the Administrator to ap- (3) the existing programs established at coast- mental entities to carry out the activities au- point senior members of the Administrator’s al and Great Lakes ports for establishing aware- thorized under subsection (a).’’. staff. ness of deep sea shipping operations; (b) CONFORMING AMENDMENT.—The table of (I) Whether the nonproliferation activities of (4) the mechanisms necessary to ensure that contents for chapter 503 of title 46, United States the Administration on the day before the date of implementation of a plan under subsection (c) Code, is amended by inserting after the item re- the enactment of this Act should remain with will not be inconsistent with antitrust laws; and lating to section 50306 the following: the Administration or be transferred to another (5) the potential frequency of container-on- ‘‘50307. Maritime environmental and technical agency. barge service at short sea transportation ports. assistance.’’. (c) RECOMMENDATIONS.—The assessment (J) Infrastructure, rules, and standards that SEC. 3505. IDENTIFICATION OF ACTIONS TO EN- will better protect the safety and health of nu- under subsection (a) may include recommenda- ABLE QUALIFIED UNITED STATES clear workers, while also permitting those work- tions for a plan to increase awareness of the po- FLAG CAPACITY TO MEET NATIONAL ers the appropriate freedom to efficiently and tential for use of container-on-barge transpor- DEFENSE REQUIREMENTS. safely carry out their mission. tation. Section 501(b) of title 46, United States Code, (K) Legislative or regulatory changes required (d) DEADLINE.—Not later than 180 days after is amended— to improve contracting best practices in order to the date of enactment of this title, the Adminis- (1) by striking ‘‘When the head’’ and inserting reduce the cost of programs without eroding trator shall submit the assessment required the following: mission requirements. under this section to the Committee on Com- ‘‘(1) IN GENERAL.—When the head’’; and merce, Science, and Transportation of the Sen- (2) by adding at the end the following: (L) Whether the Administration should operate and the Committee on Transportation and ‘‘(2) DETERMINATIONS.—The Maritime Admin- ate more independently of the Department of Infrastructure of the House of Representatives. istrator shall— Energy while reporting to the President through ‘‘(A) for each determination referred to in Secretary of Energy. SEC. 3503. SHORT SEA TRANSPORTATION. paragraph (1), identify any actions that could (2) An assessment of how revisions to the gov- (a) PURPOSE.—Section 55601 of title 46, United States Code, is amended— be taken to enable qualified United States flag ernance structure of the Administration will capacity to meet national defense requirements; lead to a more mission-focused management (1) in subsection (a), by striking ‘‘landside congestion.’’ and inserting ‘‘landside congestion ‘‘(B) provide notice of each such determina- structure capable of keeping programs on sched- tion to the Secretary of Transportation and the ule and within cost estimates. or to promote short sea transportation.’’; (2) in subsection (c), by striking ‘‘coastal cor- head of the agency referred to in paragraph (1) (3) An assessment of the disadvantages and for which the determination is made; and benefits of each organizational structure for the ridors’’ and inserting ‘‘coastal corridors or to promote short sea transportation’’; ‘‘(C) publish each such determination on the Administration considered by the advisory Internet Web site of the Department of Trans- panel. (3) in subsection (d), by striking ‘‘that the project may’’ and all that follows through the portation not later than 48 hours after notice of (4) An assessment of how the national secu- end of the subsection and inserting ‘‘that the the determination is provided to the Secretary of rity laboratories can expand basic science in project uses documented vessels and— Transportation. support of ancillary national security missions ‘‘(1) mitigates landside congestion; or ‘‘(3) NOTICE TO CONGRESS.— in a manner that mutually reinforces the stock- ‘‘(2) promotes short sea transportation.’’; and ‘‘(A) IN GENERAL.—The head of an agency re- pile stewardship mission of the Administration (4) in subsection (f), by striking ‘‘shall’’ each ferred to in paragraph (1) shall notify the Com- and encourages the retention of top performers. place it appears and inserting ‘‘may’’. mittee on Transportation and Infrastructure of (5) An assessment of how to better retain and (b) DOCUMENTATION.—Section 55605 of title 46, the House of Representatives and the Committee recruit personnel, including recommendations United States Code, is amended in the matter on Commerce, Science, and Transportation of for creating an improved professional culture preceding paragraph (1) by striking ‘‘by vessel’’ the Senate— that emphasizes the scientific, engineering, and and inserting ‘‘by a documented vessel’’. ‘‘(i) of any request for a waiver of the naviga- national security objectives of the United States. tion or vessel-inspection laws under this section (6) Any other information or recommendations SEC. 3504. MARITIME ENVIRONMENTAL AND not later than 48 hours after receiving such a TECHNICAL ASSISTANCE. relating to revising the governance structure of request; and (a) IN GENERAL.—Chapter 503 of title 46, the Administration that the advisory panel con- ‘‘(ii) of the issuance of any such waiver not United States Code, is amended by adding at the siders appropriate. later than 48 hours after such issuance. end the following: (e) FUNDING.—Of the amounts authorized to ‘‘(B) CONTENTS.—Such head of an agency be appropriated for fiscal year 2013 and made ‘‘§ 50307. Maritime environmental and tech- shall include in each notification under sub- available to the Department of Defense pursu- nical assistance paragraph (A)(ii) an explanation of— ant to this Act, not more than $1,000,000 shall be ‘‘(a) IN GENERAL.—The Secretary of Transpor- ‘‘(i) the reasons the waiver is necessary; and made available to the advisory panel to carry tation may engage in the environmental study, ‘‘(ii) the reasons actions referred to in para- out this section. research, development, assessment, and deploy- graph (2)(A) are not feasible.’’. (f) SUNSET.—The advisory panel established ment of emerging marine technologies and prac- SEC. 3506. MARITIME WORKFORCE STUDY. by subsection (a) of this section shall be termi- tices related to the marine transportation system (a) TRAINING STUDY.—The Comptroller Gen- nated on the date that is 365 days after the date through the use of public vessels under the con- eral of the United States shall conduct a study that each of the twelve members of the advisory trol of the Maritime Administration or private on the training needs of the maritime workforce. panel has first been appointed. vessels under Untied States registry, and (b) STUDY COMPONENTS.—The study shall— through partnerships and cooperative efforts (1) analyze the impact of maritime training re- TITLE XXXII—DEFENSE NUCLEAR with academic, public, private, and non-govern- quirements imposed by domestic and inter- FACILITIES SAFETY BOARD mental entities and facilities. national regulations and conventions, compa- SEC. 3201. AUTHORIZATION. ‘‘(b) REQUIREMENTS.—The Secretary of Trans- nies, and government agencies that charter or There are authorized to be appropriated for portation may— operate vessels; fiscal year 2013, $29,415,000 for the operation of ‘‘(1) identify, study, evaluate, test, dem- (2) evaluate the ability of the United States the Defense Nuclear Facilities Safety Board onstrate, or improve emerging marine tech- maritime training infrastructure to meet the under chapter 21 of the Atomic Energy Act of nologies and practices that are likely to achieve needs of the maritime industry; 1954 (42 U.S.C. 2286 et seq.). environmental improvements by— (3) identify trends in maritime training;

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(4) compare the training needs of United (b) ASSESSMENT.—The assessment under sub- gation and expenditure of the specified dollar States mariners with the vocational training section (a) shall include a review of whether the amount for the project, program, or activity is and educational assistance programs available Maritime Administration’s contract source selec- hereby authorized, subject to the availability of from Federal agencies to evaluate the ability of tion procedures and practices are consistent appropriations. Federal programs to meet the training needs of with law, the Federal Acquisition Regulations (b) MERIT-BASED DECISIONS.—Decisions by United States mariners; (FAR), and Federal best practices associated (5) include recommendations to enhance the with making source selection decisions. agency heads to commit, obligate, or expend capabilities of the United States maritime train- (c) CONSIDERATIONS.—In making the assess- funds with or to a specific entity on the basis of ing infrastructure; and ment under subsection (a), the Comptroller Gen- a dollar amount authorized pursuant to sub- (6) include recommendations to assist United eral may consider any other aspect of the Mari- section (a) shall be based on authorized, trans- States mariners and those entering the maritime time Administration’s vessel recycling process parent, statutory criteria, or merit-based selec- profession to achieve the required training. that the Comptroller General deems appropriate tion procedures in accordance with the require- (c) FINAL REPORT.—Not later than 1 year to review. ments of sections 2304(k) and 2374 of title 10, after the date of enactment of this title, the SEC. 3508. REQUIREMENT FOR BARGE DESIGN. United States Code, and other applicable provi- Comptroller General shall submit a report on the Not later than 270 days after the date of en- sions of law. results of the study to the Committee on Com- actment of this title, the Administrator of the (c) RELATIONSHIP TO TRANSFER AND PROGRAM- merce, Science, and Transportation of the Sen- Maritime Administration shall complete the de- ate and the Committee on Transportation and MING AUTHORITY.—An amount specified in the sign for a containerized, articulated barge, as Infrastructure of the House of Representatives. funding tables in this division may be trans- identified in the dual-use vessel study carried SEC. 3507. MARITIME ADMINISTRATION VESSEL out by the Administrator and the Secretary of ferred or reprogrammed under a transfer or re- RECYCLING CONTRACT AWARD programming authority provided by another PRACTICES. Defense, that is able to utilize roll-on/roll-off or load-on/load-off technology in marine highway provision of this Act or by other law. The trans- (a) IN GENERAL.—Not later than 12 months fer or reprogramming of an amount specified in after the date of enactment of this title, the maritime commerce. such funding tables shall not count against a Comptroller General of the Government Ac- SEC. 3509. ELIGIBILITY TO RECEIVE SURPLUS ceiling on such transfers or reprogrammings countability Office shall conduct an assessment TRAINING EQUIPMENT. of the source selection procedures and practices Section 51103(b)(2)(C) of title 46, United States under section 1001 of this Act or any other pro- used to award the Maritime Administration’s Code, is amended by inserting ‘‘or a training in- vision of law, unless such transfer or reprogram- National Defense Reserve Fleet vessel recycling stitution that is an instrumentality of a State, ming would move funds between appropriation contracts. The Comptroller General shall assess Territory, or Commonwealth of the United accounts. States or District of Columbia or a unit of local the process, procedures, and practices used for (d) ORAL AND WRITTEN COMMUNICATIONS.—No government thereof’’ after ‘‘a non-profit train- the Maritime Administration’s qualification of oral or written communication concerning any ing institution’’. vessel recycling facilities. The Comptroller Gen- amount specified in the funding tables in this eral shall report the findings to the Committee DIVISION D—FUNDING TABLES division shall supercede the requirements of this on Commerce, Science, and Transportation and SEC. 4001. AUTHORIZATION OF AMOUNTS IN section. the Committee on Armed Services of the Senate, FUNDING TABLES. and the Committee on Transportation and In- (a) IN GENERAL.—Whenever a funding table in frastructure and the Committee on Armed Serv- this division specifies a dollar amount author- ices of the House of Representatives. ized for a project, program, or activity, the obli-

TITLE XLI—PROCUREMENT SEC. 4101. PROCUREMENT.

SEC. 4101. PROCUREMENT (In Thousands of Dollars) FY 2013 Senate Line Item Request Authorized

AIRCRAFT PROCUREMENT, ARMY FIXED WING 001 UTILITY F/W AIRCRAFT ...... 18,639 18,639 002 C–12 CARGO AIRPLANE ...... 0 0 003 MQ–1 UAV...... 518,088 518,088 004 RQ–11 (RAVEN)...... 25,798 25,798 005 BCT UNMANNED AERIAL VEH (UAVS) INCR 1 ...... 0 0 ROTARY 006 HELICOPTER, LIGHT UTILITY (LUH) ...... 271,983 271,983 007 AH–64 APACHE BLOCK IIIA REMAN ...... 577,115 577,115 008 ADVANCE PROCUREMENT (CY) ...... 107,707 107,707 009 AH–64 APACHE BLOCK IIIB NEW BUILD ...... 153,993 153,993 010 ADVANCE PROCUREMENT (CY) ...... 146,121 146,121 011 AH–64 BLOCK II/WRA ...... 0 0 012 KIOWA WARRIOR (OH–58F) WRA ...... 0 0 013 UH–60 BLACKHAWK M MODEL (MYP) ...... 1,107,087 1,107,087 014 ADVANCE PROCUREMENT (CY) ...... 115,113 115,113 015 CH–47 HELICOPTER...... 1,076,036 1,076,036 016 ADVANCE PROCUREMENT (CY) ...... 83,346 83,346 MODIFICATION OF AIRCRAFT 017 C12 AIRCRAFT MODS ...... 0 0 018 MQ–1 PAYLOAD—UAS...... 231,508 231,508 019 MQ–1 WEAPONIZATION—UAS...... 0 0 020 GUARDRAIL MODS (MIP) ...... 16,272 16,272 021 MULTI SENSOR ABN RECON (MIP) ...... 4,294 4,294 022 AH–64 MODS...... 178,805 178,805 023 CH–47 CARGO HELICOPTER MODS (MYP) ...... 39,135 39,135 024 UTILITY/CARGO AIRPLANE MODS ...... 24,842 24,842 025 AIRCRAFT LONG RANGE MODS ...... 0 0 026 UTILITY HELICOPTER MODS ...... 73,804 73,804 027 KIOWA WARRIOR MODS ...... 192,484 192,484 028 AIRBORNE AVIONICS...... 0 0 029 NETWORK AND MISSION PLAN ...... 190,789 190,789 030 COMMS, NAV SURVEILLANCE ...... 133,191 89,191 JTRS integration delayed ...... [–44,000] 031 GATM ROLLUP...... 87,280 87,280 032 RQ–7 UAV MODS ...... 104,339 104,339 SPARES AND REPAIR PARTS 033 SPARE PARTS (AIR) ...... 0 0 GROUND SUPPORT AVIONICS 034 AIRCRAFT SURVIVABILITY EQUIPMENT ...... 34,037 34,037

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SEC. 4101. PROCUREMENT (In Thousands of Dollars) FY 2013 Senate Line Item Request Authorized

035 SURVIVABILITY CM...... 0 0 036 CMWS ...... 127,751 127,751 OTHER SUPPORT 037 AVIONICS SUPPORT EQUIPMENT ...... 4,886 4,886 038 COMMON GROUND EQUIPMENT ...... 82,511 82,511 039 AIRCREW INTEGRATED SYSTEMS ...... 77,381 77,381 040 AIR TRAFFIC CONTROL ...... 47,235 47,235 041 INDUSTRIAL FACILITIES...... 1,643 1,643 042 LAUNCHER, 2.75 ROCKET ...... 516 516 TOTAL, AIRCRAFT PROCUREMENT, ARMY ...... 5,853,729 5,809,729

MISSILE PROCUREMENT, ARMY SURFACE-TO-AIR MISSILE SYSTEM 001 PATRIOT SYSTEM SUMMARY ...... 646,590 646,590 002 MSE MISSILE...... 12,850 12,850 003 SURFACE-LAUNCHED AMRAAM SYSTEM SUMMARY ...... 0 0 004 HELLFIRE SYS SUMMARY ...... 1,401 1,401 005 JAVELIN (AAWS-M) SYSTEM SUMMARY ...... 81,121 81,121 006 TOW 2 SYSTEM SUMMARY ...... 64,712 64,712 007 ADVANCE PROCUREMENT (CY) ...... 19,931 19,931 008 GUIDED MLRS ROCKET (GMLRS) ...... 218,679 218,679 009 MLRS REDUCED RANGE PRACTICE ROCKETS (RRPR) ...... 18,767 18,767 010 HIGH MOBILITY ARTILLERY ROCKET SYSTEM ...... 12,051 12,051 011 PATRIOT MODS...... 199,565 199,565 012 ITAS/TOW MODS...... 0 0 013 MLRS MODS...... 2,466 2,466 014 HIMARS MODIFICATIONS...... 6,068 6,068 015 HELLFIRE MODIFICATIONS...... 0 0 016 SPARES AND REPAIR PARTS ...... 7,864 7,864 017 AIR DEFENSE TARGETS ...... 3,864 3,864 018 ITEMS LESS THAN $5 MILLION (MISSILES) ...... 1,560 1,560 019 PRODUCTION BASE SUPPORT ...... 5,200 5,200 TOTAL, MISSILE PROCUREMENT, ARMY ...... 1,302,689 1,302,689

PROCUREMENT OF W&TCV, ARMY TRACKED COMBAT VEHICLES 001 STRYKER VEHICLE...... 286,818 286,818 002 FCS SPIN OUTS ...... 0 0 MODIFICATION OF TRACKED COMBAT VEHICLES 003 STRYKER (MOD)...... 60,881 60,881 004 FIST VEHICLE (MOD) ...... 57,257 57,257 005 BRADLEY PROGRAM (MOD) ...... 148,193 148,193 006 HOWITZER, MED SP FT 155MM M109A6 (MOD) ...... 10,341 10,341 007 PALADIN PIM MOD IN SERVICE ...... 206,101 206,101 008 IMPROVED RECOVERY VEHICLE (M88A2 HERCULES) ...... 107,909 230,909 Increased production ...... [123,000] 009 ASSAULT BREACHER VEHICLE ...... 50,039 50,039 010 M88 FOV MODS ...... 29,930 29,930 011 M1 ABRAMS TANK (MOD) ...... 129,090 129,090 012 ABRAMS UPGRADE PROGRAM ...... 74,433 74,433 012A ADVANCE PROCUREMENT (CY) ...... 91,000 Advanced procurement Abrams upgrade program ...... [91,000] SUPPORT EQUIPMENT & FACILITIES 013 PRODUCTION BASE SUPPORT (TCV-WTCV) ...... 1,145 1,145 WEAPONS & OTHER COMBAT VEHICLES 014 INTEGRATED AIR BURST WEAPON SYSTEM FAMILY ...... 506 506 015 M240 MEDIUM MACHINE GUN (7.62MM) ...... 0 0 016 MACHINE GUN, CAL .50 M2 ROLL ...... 0 0 017 LIGHTWEIGHT .50 CALIBER MACHINE GUN ...... 25,183 0 Program termination ...... [–25,183] 018 MK–19 GRENADE MACHINE GUN (40MM) ...... 0 0 019 MORTAR SYSTEMS...... 8,104 8,104 020 M107, CAL. 50, SNIPER RIFLE ...... 0 0 021 XM320 GRENADE LAUNCHER MODULE (GLM) ...... 14,096 14,096 022 M110 SEMI-AUTOMATIC SNIPER SYSTEM (SASS) ...... 0 0 023 M4 CARBINE...... 0 0 024 CARBINE ...... 21,272 21,272 025 SHOTGUN, MODULAR ACCESSORY SYSTEM (MASS) ...... 6,598 6,598 026 COMMON REMOTELY OPERATED WEAPONS STATION ...... 56,725 56,725 027 HOWITZER LT WT 155MM (T) ...... 13,827 13,827 MOD OF WEAPONS AND OTHER COMBAT VEH 028 MK–19 GRENADE MACHINE GUN MODS ...... 0 0 029 M777 MODS...... 26,843 26,843 030 M4 CARBINE MODS ...... 27,243 27,243 031 M2 50 CAL MACHINE GUN MODS ...... 39,974 39,974 032 M249 SAW MACHINE GUN MODS ...... 4,996 4,996 033 M240 MEDIUM MACHINE GUN MODS ...... 6,806 6,806 034 SNIPER RIFLES MODIFICATIONS ...... 14,113 14,113 035 M119 MODIFICATIONS...... 20,727 20,727 036 M16 RIFLE MODS ...... 3,306 3,306 037 MODIFICATIONS LESS THAN $5.0M (WOCV-WTCV) ...... 3,072 3,072 SUPPORT EQUIPMENT & FACILITIES 038 ITEMS LESS THAN $5 MILLION (WOCV-WTCV) ...... 2,026 2,026

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SEC. 4101. PROCUREMENT (In Thousands of Dollars) FY 2013 Senate Line Item Request Authorized

039 PRODUCTION BASE SUPPORT (WOCV-WTCV) ...... 10,115 10,115 040 INDUSTRIAL PREPAREDNESS...... 442 442 SUPPORT EQUIPMENT & FACILITIES 041 SMALL ARMS EQUIPMENT (SOLDIER ENH PROG) ...... 2,378 2,378 SPARES 042 SPARES AND REPAIR PARTS (WTCV) ...... 31,217 31,217 TOTAL, PROCUREMENT OF W&TCV, ARMY ...... 1,501,706 1,690,523

PROCUREMENT OF AMMUNITION, ARMY SMALL/MEDIUM CAL AMMUNITION 001 CTG, 5.56MM, ALL TYPES ...... 158,313 158,313 002 CTG, 7.62MM, ALL TYPES ...... 91,438 91,438 003 CTG, HANDGUN, ALL TYPES ...... 8,954 8,954 004 CTG, .50 CAL, ALL TYPES ...... 109,604 109,604 005 CTG, 20MM, ALL TYPES ...... 4,041 4,041 006 CTG, 25MM, ALL TYPES ...... 12,654 12,654 007 CTG, 30MM, ALL TYPES ...... 72,154 35,154 Decrease for excess ...... [–37,000] 008 CTG, 40MM, ALL TYPES ...... 60,138 0 Decrease for excess ...... [–60,138] MORTAR AMMUNITION 009 60MM MORTAR, ALL TYPES ...... 44,375 44,375 010 81MM MORTAR, ALL TYPES ...... 27,471 27,471 011 120MM MORTAR, ALL TYPES ...... 87,811 87,811 TANK AMMUNITION 012 CARTRIDGES, TANK, 105MM AND 120MM, ALL TYPES ...... 112,380 112,380 ARTILLERY AMMUNITION 013 ARTILLERY CARTRIDGES, 75MM AND 105MM, ALL TYP ...... 50,861 50,861 014 ARTILLERY PROJECTILE, 155MM, ALL TYPES ...... 26,227 26,227 015 PROJ 155MM EXTENDED RANGE XM982 ...... 110,329 55,329 Excalibur I-b round schedule delay ...... [–55,000] 016 ARTILLERY PROPELLANTS, FUZES AND PRIMERS, ALL ...... 43,924 43,924 MINES 017 MINES & CLEARING CHARGES, ALL TYPES ...... 3,775 3,775 NETWORKED MUNITIONS 018 SPIDER NETWORK MUNITIONS, ALL TYPES ...... 17,408 3,108 Program decrease ...... [–14,300] ROCKETS 019 SHOULDER LAUNCHED MUNITIONS, ALL TYPES ...... 1,005 1,005 020 ROCKET, HYDRA 70, ALL TYPES ...... 123,433 123,433 OTHER AMMUNITION 021 DEMOLITION MUNITIONS, ALL TYPES ...... 35,189 35,189 022 GRENADES, ALL TYPES ...... 33,477 33,477 023 SIGNALS, ALL TYPES ...... 9,991 9,991 024 SIMULATORS, ALL TYPES ...... 10,388 10,388 MISCELLANEOUS 025 AMMO COMPONENTS, ALL TYPES ...... 19,383 19,383 026 NON-LETHAL AMMUNITION, ALL TYPES ...... 7,336 7,336 027 CAD/PAD ALL TYPES ...... 6,641 6,641 028 ITEMS LESS THAN $5 MILLION ...... 15,092 15,092 029 AMMUNITION PECULIAR EQUIPMENT ...... 15,692 15,692 030 FIRST DESTINATION TRANSPORTATION (AMMO) ...... 14,107 14,107 031 CLOSEOUT LIABILITIES...... 106 106 PRODUCTION BASE SUPPORT 032 PROVISION OF INDUSTRIAL FACILITIES ...... 220,171 220,171 033 CONVENTIONAL MUNITIONS DEMILITARIZATION, ALL ...... 182,461 182,461 034 ARMS INITIATIVE...... 3,377 3,377 TOTAL, PROCUREMENT OF AMMUNITION, ARMY ...... 1,739,706 1,573,268

OTHER PROCUREMENT, ARMY TACTICAL VEHICLES 001 SEMITRAILERS, FLATBED...... 7,097 7,097 002 FAMILY OF MEDIUM TACTICAL VEH (FMTV) ...... 346,115 396,115 Program increase for USAR ...... [50,000] 003 FIRETRUCKS & ASSOCIATED FIREFIGHTING EQUIP ...... 19,292 19,292 004 FAMILY OF HEAVY TACTICAL VEHICLES (FHTV) ...... 52,933 52,933 005 PLS ESP...... 18,035 18,035 006 ARMORED SECURITY VEHICLES (ASV) ...... 0 0 007 MINE PROTECTION VEHICLE FAMILY ...... 0 0 008 FAMILY OF MINE RESISTANT AMBUSH PROTEC (MRAP) ...... 0 0 009 TRUCK, TRACTOR, LINE HAUL, M915/M916 ...... 3,619 3,619 010 HVY EXPANDED MOBILE TACTICAL TRUCK EXT SERV ...... 26,859 26,859 011 HMMWV RECAPITALIZATION PROGRAM ...... 0 0 012 TACTICAL WHEELED VEHICLE PROTECTION KITS ...... 69,163 69,163 013 MODIFICATION OF IN SVC EQUIP ...... 91,754 91,754 014 MINE-RESISTANT AMBUSH-PROTECTED (MRAP) MODS ...... 0 0 015 TOWING DEVICE-FIFTH WHEEL ...... 0 0 016 AMC CRITICAL ITEMS, OPA1 ...... 0 0 NON-TACTICAL VEHICLES 017 HEAVY ARMORED SEDAN ...... 0 0 018 PASSENGER CARRYING VEHICLES ...... 2,548 2,548 019 NONTACTICAL VEHICLES, OTHER ...... 16,791 16,791 COMM—JOINT COMMUNICATIONS

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SEC. 4101. PROCUREMENT (In Thousands of Dollars) FY 2013 Senate Line Item Request Authorized

020 JOINT COMBAT IDENTIFICATION MARKING SYSTEM ...... 10,061 10,061 021 WIN-T—GROUND FORCES TACTICAL NETWORK ...... 892,635 892,635 022 SIGNAL MODERNIZATION PROGRAM ...... 45,626 45,626 023 JCSE EQUIPMENT (USREDCOM) ...... 5,143 5,143 COMM—SATELLITE COMMUNICATIONS 024 DEFENSE ENTERPRISE WIDEBAND SATCOM SYSTEMS ...... 151,636 151,636 025 TRANSPORTABLE TACTICAL COMMAND COMMUNICATIONS ...... 6,822 6,822 026 SHF TERM...... 9,108 9,108 027 SAT TERM, EMUT (SPACE) ...... 0 0 028 NAVSTAR GLOBAL POSITIONING SYSTEM (SPACE) ...... 27,353 27,353 029 SMART-T (SPACE)...... 98,656 98,656 030 SCAMP (SPACE)...... 0 0 031 GLOBAL BRDCST SVC—GBS ...... 47,131 47,131 032 MOD OF IN-SVC EQUIP (TAC SAT) ...... 23,281 23,281 COMM—COMBAT SUPPORT COMM 033 MOD-IN-SERVICE PROFILER...... 0 0 COMM—C3 SYSTEM 034 ARMY GLOBAL CMD & CONTROL SYS (AGCCS) ...... 10,848 10,848 COMM—COMBAT COMMUNICATIONS 035 ARMY DATA DISTRIBUTION SYSTEM (DATA RADIO) ...... 979 979 036 JOINT TACTICAL RADIO SYSTEM ...... 556,250 526,250 AMF integration ahead of need ...... [–30,000] 037 MID-TIER NETWORKING VEHICULAR RADIO (MNVR) ...... 86,219 86,219 038 RADIO TERMINAL SET, MIDS LVT(2) ...... 7,798 7,798 039 SINCGARS FAMILY...... 9,001 9,001 040 AMC CRITICAL ITEMS—OPA2 ...... 24,601 24,601 041 TRACTOR DESK...... 7,779 7,779 042 CMMS-ELEC EQUIP FIELDING ...... 0 0 043 SPIDER APLA REMOTE CONTROL UNIT ...... 34,365 13,365 Funding ahead of need ...... [–21,000] 044 SOLDIER ENHANCEMENT PROGRAM COMM/ELECTRONICS ...... 1,833 1,833 045 TACTICAL COMMUNICATIONS AND PROTECTIVE SYSTEM ...... 12,984 12,984 046 COMBAT SURVIVOR EVADER LOCATOR (CSEL) ...... 0 0 047 GUNSHOT DETECTION SYSTEM (GDS) ...... 2,332 2,332 048 RADIO, IMPROVED HF (COTS) FAMILY ...... 1,132 1,132 049 MEDICAL COMM FOR CBT CASUALTY CARE (MC4) ...... 22,899 22,899 COMM—INTELLIGENCE COMM 051 CI AUTOMATION ARCHITECTURE ...... 1,564 1,564 052 RESERVE CA/MISO GPF EQUIPMENT ...... 28,781 28,781 INFORMATION SECURITY 053 TSEC—ARMY KEY MGT SYS (AKMS) ...... 23,432 23,432 054 INFORMATION SYSTEM SECURITY PROGRAM-ISSP ...... 43,897 43,897 055 BIOMETRICS ENTERPRISE...... 0 0 COMM—LONG HAUL COMMUNICATIONS 056 TERRESTRIAL TRANSMISSION...... 2,891 2,891 057 BASE SUPPORT COMMUNICATIONS ...... 13,872 13,872 058 WW TECH CON IMP PROG (WWTCIP) ...... 9,595 9,595 COMM—BASE COMMUNICATIONS 059 INFORMATION SYSTEMS...... 142,133 142,133 060 DEFENSE MESSAGE SYSTEM (DMS) ...... 0 0 061 INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM ...... 57,727 57,727 062 PENTAGON INFORMATION MGT AND TELECOM ...... 5,000 5,000 ELECT EQUIP—TACT INT REL ACT (TIARA) 065 JTT/CIBS-M ...... 1,641 1,641 066 PROPHET GROUND...... 48,797 48,797 067 DIGITAL TOPOGRAPHIC SPT SYS (DTSS) ...... 0 0 068 DRUG INTERDICTION PROGRAM (DIP) (TIARA) ...... 0 0 069 DCGS-A (MIP)...... 184,007 184,007 070 JOINT TACTICAL GROUND STATION (JTAGS) ...... 2,680 2,680 071 TROJAN (MIP)...... 21,483 21,483 072 MOD OF IN-SVC EQUIP (INTEL SPT) (MIP) ...... 2,412 2,412 073 CI HUMINT AUTO REPRINTING AND COLLECTION ...... 7,077 7,077 074 ITEMS LESS THAN $5 MILLION (MIP) ...... 0 0 ELECT EQUIP—ELECTRONIC WARFARE (EW) 075 LIGHTWEIGHT COUNTER MORTAR RADAR ...... 72,594 72,594 076 CREW ...... 15,446 15,446 077 FMLY OF PERSISTENT SURVEILLANCE CAPABILITIES ...... 0 0 078 COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES...... 1,470 1,470 079 CI MODERNIZATION...... 1,368 1,368 ELECT EQUIP—TACTICAL SURV. (TAC SURV) 080 FAAD GBS...... 7,980 7,980 081 SENTINEL MODS...... 33,444 33,444 082 SENSE THROUGH THE WALL (STTW) ...... 6,212 0 Slow execution of prior years appropriations ...... [–6,212] 083 NIGHT VISION DEVICES ...... 166,516 166,516 084 LONG RANGE ADVANCED SCOUT SURVEILLANCE SYSTEM ...... 0 0 085 NIGHT VISION, THERMAL WPN SIGHT ...... 82,162 82,162 086 SMALL TACTICAL OPTICAL RIFLE MOUNTED MLRF ...... 20,717 20,717 087 COUNTER-ROCKET, ARTILLERY & MORTAR (C-RAM) ...... 0 0 088 BASE EXPEDITIARY TARGETING AND SURV SYS ...... 0 0 089 GREEN LASER INTERDICTION SYSTEM (GLIS) ...... 1,014 1,014 090 INDIRECT FIRE PROTECTION FAMILY OF SYSTEMS ...... 29,881 29,881 091 PROFILER ...... 12,482 12,482

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SEC. 4101. PROCUREMENT (In Thousands of Dollars) FY 2013 Senate Line Item Request Authorized

092 MOD OF IN-SVC EQUIP (FIREFINDER RADARS) ...... 3,075 3,075 093 FORCE XXI BATTLE CMD BRIGADE & BELOW (FBCB2) ...... 0 0 094 JOINT BATTLE COMMAND—PLATFORM (JBC-P) ...... 141,385 141,385 095 LIGHTWEIGHT LASER DESIGNATOR/RANGEFINDER ...... 0 0 096 MOD OF IN-SVC EQUIP (LLDR) ...... 22,403 22,403 097 COMPUTER BALLISTICS: LHMBC XM32 ...... 0 0 098 MORTAR FIRE CONTROL SYSTEM ...... 29,505 29,505 099 COUNTERFIRE RADARS...... 244,409 244,409 100 ENHANCED SENSOR & MONITORING SYSTEM (WMD) ...... 2,426 2,426 ELECT EQUIP—TACTICAL C2 SYSTEMS 101 TACTICAL OPERATIONS CENTERS ...... 30,196 30,196 102 FIRE SUPPORT C2 FAMILY ...... 58,903 58,903 103 BATTLE COMMAND SUSTAINMENT SUPPORT SYSTEM ...... 8,111 8,111 104 FAAD C2...... 5,031 5,031 105 AIR & MSL DEFENSE PLANNING & CONTROL SYS ...... 64,144 64,144 106 KNIGHT FAMILY...... 11,999 11,999 107 LIFE CYCLE SOFTWARE SUPPORT (LCSS) ...... 1,853 1,853 108 AUTOMATIC IDENTIFICATION TECHNOLOGY ...... 14,377 14,377 109 TC AIMS II ...... 0 0 110 TACTICAL INTERNET MANAGER ...... 0 0 111 NETWORK MANAGEMENT INITIALIZATION AND SERVICE ...... 59,821 59,821 112 MANEUVER CONTROL SYSTEM (MCS) ...... 51,228 51,228 113 SINGLE ARMY LOGISTICS ENTERPRISE (SALE) ...... 176,901 176,901 114 RECONNAISSANCE AND SURVEYING INSTRUMENT SET ...... 15,209 15,209 ELECT EQUIP—AUTOMATION 115 ARMY TRAINING MODERNIZATION ...... 8,866 8,866 116 AUTOMATED DATA PROCESSING EQUIP ...... 129,438 129,438 117 GENERAL FUND ENTERPRISE BUSINESS SYS FAM ...... 9,184 9,184 118 CSS COMMUNICATIONS...... 20,639 20,639 119 RESERVE COMPONENT AUTOMATION SYS (RCAS) ...... 35,493 35,493 ELECT EQUIP—AUDIO VISUAL SYS (A/V) 120 ITEMS LESS THAN $5 MILLION (A/V) ...... 8,467 8,467 121 ITEMS LESS THAN $5 MILLION ...... 5,309 5,309 ELECT EQUIP—SUPPORT 122 PRODUCTION BASE SUPPORT (C-E) ...... 586 586 123 BCT NETWORK...... 0 0 124 DEFENSE RAPID INNOVATION PROGRAM ...... 0 0 CLASSIFIED PROGRAMS 124A CLASSIFIED PROGRAMS...... 3,435 3,435 CHEMICAL DEFENSIVE EQUIPMENT 125 PROTECTIVE SYSTEMS...... 0 0 126 FAMILY OF NON-LETHAL EQUIPMENT (FNLE) ...... 3,960 3,960 127 BASE DEFENSE SYSTEMS (BDS) ...... 4,374 4,374 128 CBRN SOLDIER PROTECTION ...... 9,259 9,259 129 SMOKE & OBSCURANT FAMILY: SOF (NON AAO ITEM) ...... 0 0 BRIDGING EQUIPMENT 130 TACTICAL BRIDGING...... 35,499 35,499 131 TACTICAL BRIDGE, FLOAT-RIBBON ...... 32,893 32,893 ENGINEER (NON-CONSTRUCTION) EQUIPMENT 132 HANDHELD STANDOFF MINEFIELD DETECTION SYS-HST ...... 0 0 133 GRND STANDOFF MINE DETECTN SYSM (GSTAMIDS) ...... 0 0 134 ROBOTIC COMBAT SUPPORT SYSTEM (RCSS) ...... 29,106 29,106 135 EXPLOSIVE ORDNANCE DISPOSAL EQPMT (EOD EQPMT) ...... 25,459 25,459 136 REMOTE DEMOLITION SYSTEMS ...... 8,044 8,044 137 <$5M, COUNTERMINE EQUIPMENT ...... 3,698 3,698 COMBAT SERVICE SUPPORT EQUIPMENT 138 HEATERS AND ECU’S ...... 12,210 12,210 139 SOLDIER ENHANCEMENT...... 6,522 6,522 140 PERSONNEL RECOVERY SUPPORT SYSTEM (PRSS) ...... 11,222 11,222 141 GROUND SOLDIER SYSTEM ...... 103,317 103,317 142 MOUNTED SOLDIER SYSTEM ...... 0 0 143 FORCE PROVIDER...... 0 0 144 FIELD FEEDING EQUIPMENT ...... 27,417 27,417 145 CARGO AERIAL DEL & PERSONNEL PARACHUTE SYSTEM ...... 52,065 52,065 146 MORTUARY AFFAIRS SYSTEMS ...... 2,358 2,358 147 FAMILY OF ENGR COMBAT AND CONSTRUCTION SETS ...... 31,573 31,573 148 ITEMS LESS THAN $5 MILLION ...... 14,093 14,093 PETROLEUM EQUIPMENT 149 DISTRIBUTION SYSTEMS, PETROLEUM & WATER ...... 36,266 36,266 MEDICAL EQUIPMENT 150 COMBAT SUPPORT MEDICAL ...... 34,101 34,101 151 MEDEVAC MISSON EQUIPMENT PACKAGE (MEP) ...... 20,540 20,540 MAINTENANCE EQUIPMENT 152 MOBILE MAINTENANCE EQUIPMENT SYSTEMS ...... 2,495 2,495 153 ITEMS LESS THAN $5 MILLION (MAINT EQ) ...... 0 0 CONSTRUCTION EQUIPMENT 154 GRADER, ROAD MTZD, HVY, 6X4 (CCE) ...... 2,028 2,028 155 SKID STEER LOADER (SSL) FAMILY OF SYSTEM ...... 0 0 156 SCRAPERS, EARTHMOVING...... 6,146 6,146 157 MISSION MODULES—ENGINEERING...... 31,200 31,200 158 COMPACTOR ...... 0 0 159 LOADERS ...... 0 0 160 HYDRAULIC EXCAVATOR...... 0 0

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SEC. 4101. PROCUREMENT (In Thousands of Dollars) FY 2013 Senate Line Item Request Authorized

161 TRACTOR, FULL TRACKED ...... 20,867 20,867 162 ALL TERRAIN CRANES ...... 4,003 4,003 163 PLANT, ASPHALT MIXING ...... 3,679 3,679 164 HIGH MOBILITY ENGINEER EXCAVATOR (HMEE) ...... 30,042 30,042 165 ENHANCED RAPID AIRFIELD CONSTRUCTION CAPA ...... 13,725 13,725 166 CONST EQUIP ESP ...... 13,351 13,351 167 ITEMS LESS THAN $5 MILLION (CONST EQUIP) ...... 9,134 9,134 RAIL FLOAT CONTAINERIZATION EQUIPMENT 168 JOINT HIGH SPEED VESSEL (JHSV) ...... 0 0 169 HARBORMASTER COMMAND AND CONTROL CENTER ...... 0 0 170 ITEMS LESS THAN $5 MILLION (FLOAT/RAIL) ...... 10,552 10,552 GENERATORS 171 GENERATORS AND ASSOCIATED EQUIP ...... 60,302 60,302 MATERIAL HANDLING EQUIPMENT 172 ROUGH TERRAIN CONTAINER HANDLER (RTCH) ...... 0 0 173 FAMILY OF FORKLIFTS ...... 5,895 5,895 174 ALL TERRAIN LIFTING ARMY SYSTEM ...... 0 0 TRAINING EQUIPMENT 175 COMBAT TRAINING CENTERS SUPPORT ...... 104,649 104,649 176 TRAINING DEVICES, NONSYSTEM ...... 125,251 125,251 177 CLOSE COMBAT TACTICAL TRAINER ...... 19,984 19,984 178 AVIATION COMBINED ARMS TACTICAL TRAINER ...... 10,977 10,977 179 GAMING TECHNOLOGY IN SUPPORT OF ARMY TRAINING ...... 4,056 4,056 TEST MEASURE AND DIG EQUIPMENT (TMD) 180 CALIBRATION SETS EQUIPMENT ...... 10,494 10,494 181 INTEGRATED FAMILY OF TEST EQUIPMENT (IFTE) ...... 45,508 45,508 182 TEST EQUIPMENT MODERNIZATION (TEMOD) ...... 24,334 24,334 OTHER SUPPORT EQUIPMENT 183 RAPID EQUIPPING SOLDIER SUPPORT EQUIPMENT ...... 5,078 5,078 184 PHYSICAL SECURITY SYSTEMS (OPA3) ...... 46,301 46,301 185 BASE LEVEL COMMON EQUIPMENT ...... 1,373 1,373 186 MODIFICATION OF IN-SVC EQUIPMENT (OPA–3) ...... 59,141 59,141 187 PRODUCTION BASE SUPPORT (OTH) ...... 2,446 2,446 188 SPECIAL EQUIPMENT FOR USER TESTING ...... 12,920 12,920 189 AMC CRITICAL ITEMS OPA3 ...... 19,180 19,180 190 TRACTOR YARD...... 7,368 7,368 191 UNMANNED GROUND VEHICLE ...... 83,937 71,937 Transfer to PE 0604641A at Army request ...... [–12,000] 192 TRAINING LOGISTICS MANAGEMENT ...... 0 0 OPA2 193 INITIAL SPARES—C&E...... 64,507 64,507 TOTAL, OTHER PROCUREMENT, ARMY ...... 6,326,245 6,307,033

JOINT IMPR EXPLOSIVE DEV DEFEAT FUND NETWORK ATTACK 001 ATTACK THE NETWORK ...... 0 0 JIEDDO DEVICE DEFEAT 002 DEFEAT THE DEVICE ...... 0 0 FORCE TRAINING 003 TRAIN THE FORCE ...... 0 0 STAFF AND INFRASTRUCTURE 004 OPERATIONS ...... 227,414 0 Transfer to OCO ...... [–227,414] TOTAL, JOINT IMPR EXPLOSIVE DEV DEFEAT FUND ...... 227,414 0

AIRCRAFT PROCUREMENT, NAVY COMBAT AIRCRAFT 001 EA–18G ...... 1,027,443 1,027,443 002 ADVANCE PROCUREMENT (CY) ...... 0 0 003 F/A–18E/F (FIGHTER) HORNET ...... 2,035,131 2,035,131 004 ADVANCE PROCUREMENT (CY) ...... 30,296 90,296 Retain option for additional FY 14 aircraft ...... [60,000] 005 JOINT STRIKE FIGHTER CV ...... 1,007,632 1,007,632 006 ADVANCE PROCUREMENT (CY) ...... 65,180 65,180 007 JSF STOVL...... 1,404,737 1,404,737 008 ADVANCE PROCUREMENT (CY) ...... 106,199 106,199 009 V–22 (MEDIUM LIFT) ...... 1,303,120 1,303,120 010 ADVANCE PROCUREMENT (CY) ...... 154,202 154,202 011 H–1 UPGRADES (UH–1Y/AH–1Z) ...... 720,933 720,933 012 ADVANCE PROCUREMENT (CY) ...... 69,658 69,658 013 MH–60S (MYP)...... 384,792 384,792 014 ADVANCE PROCUREMENT (CY) ...... 69,277 69,277 015 MH–60R (MYP)...... 656,866 656,866 016 ADVANCE PROCUREMENT (CY) ...... 185,896 185,896 017 P–8A POSEIDON...... 2,420,755 2,420,755 018 ADVANCE PROCUREMENT (CY) ...... 325,679 325,679 019 E–2D ADV HAWKEYE ...... 861,498 861,498 020 ADVANCE PROCUREMENT (CY) ...... 123,179 123,179 AIRLIFT AIRCRAFT 021 C–40A ...... 0 0 TRAINER AIRCRAFT 022 JPATS ...... 278,884 278,884 OTHER AIRCRAFT

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SEC. 4101. PROCUREMENT (In Thousands of Dollars) FY 2013 Senate Line Item Request Authorized

023 KC–130J ...... 3,000 3,000 024 ADVANCE PROCUREMENT (CY) ...... 22,995 22,995 025 ADVANCE PROCUREMENT (CY) ...... 51,124 51,124 026 MQ–8 UAV...... 124,573 124,573 027 STUASL0 UAV...... 9,593 9,593 MODIFICATION OF AIRCRAFT 028 EA–6 SERIES...... 30,062 30,062 029 AEA SYSTEMS...... 49,999 49,999 030 AV–8 SERIES...... 38,703 38,703 031 ADVERSARY ...... 4,289 4,289 032 F–18 SERIES...... 647,306 647,306 033 H–46 SERIES...... 2,343 2,343 034 AH–1W SERIES...... 8,721 8,721 035 H–53 SERIES...... 45,567 45,567 036 SH–60 SERIES...... 83,527 83,527 037 H–1 SERIES...... 6,508 6,508 038 EP–3 SERIES...... 66,374 66,374 039 P–3 SERIES...... 148,405 148,405 040 E–2 SERIES...... 16,322 16,322 041 TRAINER A/C SERIES ...... 34,284 34,284 042 C–2A ...... 4,743 4,743 043 C–130 SERIES...... 60,302 60,302 044 FEWSG ...... 670 670 045 CARGO/TRANSPORT A/C SERIES ...... 26,311 26,311 046 E–6 SERIES...... 158,332 158,332 047 EXECUTIVE HELICOPTERS SERIES ...... 58,163 58,163 048 SPECIAL PROJECT AIRCRAFT ...... 12,421 12,421 049 T–45 SERIES...... 64,488 64,488 050 POWER PLANT CHANGES ...... 21,569 21,569 051 JPATS SERIES...... 1,552 1,552 052 AVIATION LIFE SUPPORT MODS ...... 2,473 2,473 053 COMMON ECM EQUIPMENT ...... 114,690 114,690 054 COMMON AVIONICS CHANGES ...... 96,183 96,183 055 COMMON DEFENSIVE WEAPON SYSTEM ...... 0 0 056 ID SYSTEMS...... 39,846 39,846 057 P–8 SERIES...... 5,302 5,302 058 MAGTF EW FOR AVIATION ...... 34,127 34,127 059 RQ–7 SERIES...... 49,324 49,324 060 V–22 (TILT/ROTOR ACFT) OSPREY ...... 95,856 95,856 AIRCRAFT SPARES AND REPAIR PARTS 061 SPARES AND REPAIR PARTS ...... 1,166,430 1,166,430 AIRCRAFT SUPPORT EQUIP & FACILITIES 062 COMMON GROUND EQUIPMENT ...... 387,195 387,195 063 AIRCRAFT INDUSTRIAL FACILITIES ...... 23,469 23,469 064 WAR CONSUMABLES...... 43,383 43,383 065 OTHER PRODUCTION CHARGES ...... 3,399 3,399 066 SPECIAL SUPPORT EQUIPMENT ...... 32,274 32,274 067 FIRST DESTINATION TRANSPORTATION ...... 1,742 1,742 068 CANCELLED ACCOUNT ADJUSTMENTS ...... 0 0 TOTAL, AIRCRAFT PROCUREMENT, NAVY ...... 17,129,296 17,189,296

WEAPONS PROCUREMENT, NAVY MODIFICATION OF MISSILES 001 TRIDENT II MODS ...... 1,224,683 1,224,683 SUPPORT EQUIPMENT & FACILITIES 002 MISSILE INDUSTRIAL FACILITIES ...... 5,553 5,553 STRATEGIC MISSILES 003 TOMAHAWK ...... 308,970 308,970 TACTICAL MISSILES 004 AMRAAM ...... 102,683 102,683 005 SIDEWINDER ...... 80,226 80,226 006 JSOW ...... 127,609 127,609 007 STANDARD MISSILE...... 399,482 399,482 008 RAM ...... 66,769 66,769 009 HELLFIRE ...... 74,501 74,501 010 STAND OFF PRECISION GUIDED MUNITIONS (SOPGM) ...... 0 0 011 AERIAL TARGETS...... 61,518 61,518 012 OTHER MISSILE SUPPORT ...... 3,585 3,585 MODIFICATION OF MISSILES 013 ESSM ...... 58,194 58,194 014 HARM MODS...... 86,721 86,721 015 STANDARD MISSILES MODS ...... 0 0 SUPPORT EQUIPMENT & FACILITIES 016 WEAPONS INDUSTRIAL FACILITIES ...... 2,014 2,014 017 FLEET SATELLITE COMM FOLLOW-ON ...... 21,454 21,454 ORDNANCE SUPPORT EQUIPMENT 018 ORDNANCE SUPPORT EQUIPMENT ...... 54,945 54,945 TORPEDOES AND RELATED EQUIP 019 SSTD ...... 2,700 2,700 020 ASW TARGETS...... 10,385 10,385 MOD OF TORPEDOES AND RELATED EQUIP 021 MK–54 TORPEDO MODS ...... 74,487 74,487 022 MK–48 TORPEDO ADCAP MODS ...... 54,281 54,281

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SEC. 4101. PROCUREMENT (In Thousands of Dollars) FY 2013 Senate Line Item Request Authorized

023 QUICKSTRIKE MINE...... 6,852 6,852 SUPPORT EQUIPMENT 024 TORPEDO SUPPORT EQUIPMENT ...... 46,402 46,402 025 ASW RANGE SUPPORT ...... 11,927 11,927 DESTINATION TRANSPORTATION 026 FIRST DESTINATION TRANSPORTATION ...... 3,614 3,614 GUNS AND GUN MOUNTS 027 SMALL ARMS AND WEAPONS ...... 12,594 12,594 MODIFICATION OF GUNS AND GUN MOUNTS 028 CIWS MODS...... 59,303 67,003 Buy additional ordnance alteration kits ...... [7,700] 029 COAST GUARD WEAPONS ...... 19,072 19,072 030 GUN MOUNT MODS ...... 54,706 54,706 031 CRUISER MODERNIZATION WEAPONS ...... 1,591 1,591 032 AIRBORNE MINE NEUTRALIZATION SYSTEMS ...... 20,607 20,607 OTHER 033 CANCELLED ACCOUNT ADJUSTMENTS ...... 0 0 SPARES AND REPAIR PARTS 034 SPARES AND REPAIR PARTS ...... 60,150 60,150 TOTAL, WEAPONS PROCUREMENT, NAVY ...... 3,117,578 3,125,278

PROCUREMENT OF AMMO, NAVY & MC NAVY AMMUNITION 001 GENERAL PURPOSE BOMBS ...... 27,024 27,024 002 AIRBORNE ROCKETS, ALL TYPES ...... 56,575 56,575 003 MACHINE GUN AMMUNITION ...... 21,266 21,266 004 PRACTICE BOMBS...... 34,319 34,319 005 CARTRIDGES & CART ACTUATED DEVICES ...... 53,755 53,755 006 AIR EXPENDABLE COUNTERMEASURES ...... 61,693 61,693 007 JATOS ...... 2,776 2,776 008 LRLAP 6″ LONG RANGE ATTACK PROJECTILE ...... 7,102 7,102 009 5 INCH/54 GUN AMMUNITION ...... 48,320 48,320 010 INTERMEDIATE CALIBER GUN AMMUNITION ...... 25,544 25,544 011 OTHER SHIP GUN AMMUNITION ...... 41,624 41,624 012 SMALL ARMS & LANDING PARTY AMMO ...... 65,893 65,893 013 PYROTECHNIC AND DEMOLITION ...... 11,176 11,176 014 AMMUNITION LESS THAN $5 MILLION ...... 4,116 4,116 MARINE CORPS AMMUNITION 015 SMALL ARMS AMMUNITION ...... 83,733 83,733 016 LINEAR CHARGES, ALL TYPES ...... 24,645 24,645 017 40MM, ALL TYPES ...... 16,201 16,201 018 60MM, ALL TYPES ...... 0 0 019 81MM, ALL TYPES ...... 13,711 3,711 Decrease for excess ...... [–10,000] 020 120MM, ALL TYPES ...... 12,557 12,557 021 CTG 25MM, ALL TYPES ...... 0 0 022 GRENADES, ALL TYPES ...... 7,634 7,134 Decrease for excess ...... [–500] 023 ROCKETS, ALL TYPES ...... 27,528 27,528 024 ARTILLERY, ALL TYPES ...... 93,065 93,065 025 DEMOLITION MUNITIONS, ALL TYPES ...... 2,047 47 Decrease for excess ...... [–2,000] 026 FUZE, ALL TYPES ...... 5,297 5,297 027 NON LETHALS...... 1,362 1,362 028 AMMO MODERNIZATION...... 4,566 4,566 029 ITEMS LESS THAN $5 MILLION ...... 6,010 6,010

PRIOR YEAR SAVINGS 029B PRIOR YEAR SAVINGS ...... –88,300 Ammunition change in requirements ...... [–88,300]

TOTAL, PROCUREMENT OF AMMO, NAVY & MC ...... 759,539 658,739

SHIPBUILDING & CONVERSION, NAVY OTHER WARSHIPS 001 CARRIER REPLACEMENT PROGRAM ...... 608,195 608,195 002 ADVANCE PROCUREMENT (CY) ...... 0 0 003 VIRGINIA CLASS SUBMARINE ...... 3,217,601 3,217,601 004 ADVANCE PROCUREMENT (CY) ...... 874,878 1,652,557 Advance procurement for 2nd SSN in FY 14 ...... [777,679] 005 CVN REFUELING OVERHAULS ...... 1,613,392 1,613,392 006 ADVANCE PROCUREMENT (CY) ...... 70,010 70,010 007 SSBN ERO...... 0 0 008 DDG 1000...... 669,222 669,222 009 DDG–51 ...... 3,048,658 3,048,658 010 ADVANCE PROCUREMENT (CY) ...... 466,283 466,283 011 LITTORAL COMBAT SHIP ...... 1,784,959 1,784,959 012 ADVANCE PROCUREMENT (CY) ...... 0 0 AMPHIBIOUS SHIPS 013 LPD–17 ...... 0 0 014 LHA REPLACEMENT...... 0 0 015 JOINT HIGH SPEED VESSEL ...... 189,196 189,196 AUXILIARIES, CRAFT AND PRIOR YR PROGRAM COST

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SEC. 4101. PROCUREMENT (In Thousands of Dollars) FY 2013 Senate Line Item Request Authorized

016 OCEANOGRAPHIC SHIPS...... 0 0 017 ADVANCE PROCUREMENT (CY) ...... 307,300 307,300 018 OUTFITTING ...... 309,648 309,648 019 SERVICE CRAFT...... 0 0 020 LCAC SLEP...... 47,930 47,930 021 COMPLETION OF PY SHIPBUILDING PROGRAMS ...... 372,573 372,573 TOTAL, SHIPBUILDING & CONVERSION, NAVY ...... 13,579,845 14,357,524

OTHER PROCUREMENT, NAVY SHIP PROPULSION EQUIPMENT 001 LM–2500 GAS TURBINE ...... 10,658 10,658 002 ALLISON 501K GAS TURBINE ...... 8,469 8,469 NAVIGATION EQUIPMENT 003 OTHER NAVIGATION EQUIPMENT ...... 23,392 23,392 PERISCOPES 004 SUB PERISCOPES & IMAGING EQUIP ...... 53,809 53,809 OTHER SHIPBOARD EQUIPMENT 005 DDG MOD...... 452,371 452,371 006 FIREFIGHTING EQUIPMENT...... 16,958 16,958 007 COMMAND AND CONTROL SWITCHBOARD ...... 2,492 2,492 008 POLLUTION CONTROL EQUIPMENT ...... 20,707 20,707 009 SUBMARINE SUPPORT EQUIPMENT ...... 12,046 12,046 010 VIRGINIA CLASS SUPPORT EQUIPMENT ...... 79,870 79,870 011 LCS CLASS SUPPORT EQUIPMENT ...... 19,865 19,865 012 SUBMARINE BATTERIES...... 41,522 41,522 013 LPD CLASS SUPPORT EQUIPMENT ...... 30,543 30,543 014 STRATEGIC PLATFORM SUPPORT EQUIP ...... 16,257 16,257 015 DSSP EQUIPMENT...... 3,630 3,630 016 CG MODERNIZATION...... 101,000 101,000 017 LCAC ...... 16,645 16,645 018 UNDERWATER EOD PROGRAMS ...... 35,446 35,446 019 ITEMS LESS THAN $5 MILLION ...... 65,998 65,998 020 CHEMICAL WARFARE DETECTORS ...... 4,359 4,359 021 SUBMARINE LIFE SUPPORT SYSTEM ...... 10,218 10,218 REACTOR PLANT EQUIPMENT 022 REACTOR POWER UNITS ...... 286,859 286,859 023 REACTOR COMPONENTS...... 278,503 278,503 OCEAN ENGINEERING 024 DIVING AND SALVAGE EQUIPMENT ...... 8,998 8,998 SMALL BOATS 025 STANDARD BOATS...... 30,131 30,131 TRAINING EQUIPMENT 026 OTHER SHIPS TRAINING EQUIPMENT ...... 29,772 29,772 PRODUCTION FACILITIES EQUIPMENT 027 OPERATING FORCES IPE ...... 64,346 64,346 OTHER SHIP SUPPORT 028 NUCLEAR ALTERATIONS...... 154,652 154,652 029 LCS COMMON MISSION MODULES EQUIPMENT ...... 31,319 31,319 030 LCS MCM MISSION MODULES ...... 38,392 38,392 031 LCS SUW MISSION MODULES ...... 32,897 32,897 LOGISTIC SUPPORT 032 LSD MIDLIFE...... 49,758 49,758 SHIP RADARS 033 RADAR SUPPORT...... 0 0 034 SPQ–9B RADAR...... 19,777 19,777 035 AN/SQQ–89 SURF ASW COMBAT SYSTEM ...... 89,201 89,201 036 SSN ACOUSTICS...... 190,874 190,874 037 UNDERSEA WARFARE SUPPORT EQUIPMENT ...... 17,035 17,035 038 SONAR SWITCHES AND TRANSDUCERS ...... 13,410 13,410 039 ELECTRONIC WARFARE MILDEC ...... 0 0 ASW ELECTRONIC EQUIPMENT 040 SUBMARINE ACOUSTIC WARFARE SYSTEM ...... 21,489 21,489 041 SSTD ...... 10,716 10,716 042 FIXED SURVEILLANCE SYSTEM ...... 98,896 98,896 043 SURTASS ...... 2,774 2,774 044 MARITIME PATROL AND RECONNAISSANCE FORCE ...... 18,428 18,428 ELECTRONIC WARFARE EQUIPMENT 045 AN/SLQ–32 ...... 92,270 92,270 RECONNAISSANCE EQUIPMENT 046 SHIPBOARD IW EXPLOIT ...... 107,060 107,060 047 AUTOMATED IDENTIFICATION SYSTEM (AIS) ...... 914 914 SUBMARINE SURVEILLANCE EQUIPMENT 048 SUBMARINE SUPPORT EQUIPMENT PROG ...... 34,050 34,050 OTHER SHIP ELECTRONIC EQUIPMENT 049 COOPERATIVE ENGAGEMENT CAPABILITY ...... 27,881 27,881 050 TRUSTED INFORMATION SYSTEM (TIS) ...... 448 448 051 NAVAL TACTICAL COMMAND SUPPORT SYSTEM (NTCSS) ...... 35,732 35,732 052 ATDLS ...... 0 0 053 NAVY COMMAND AND CONTROL SYSTEM (NCCS) ...... 9,533 9,533 054 MINESWEEPING SYSTEM REPLACEMENT ...... 60,111 60,111 055 SHALLOW WATER MCM ...... 6,950 6,950 056 NAVSTAR GPS RECEIVERS (SPACE) ...... 9,089 9,089 057 AMERICAN FORCES RADIO AND TV SERVICE ...... 7,768 7,768

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SEC. 4101. PROCUREMENT (In Thousands of Dollars) FY 2013 Senate Line Item Request Authorized

058 STRATEGIC PLATFORM SUPPORT EQUIP ...... 3,614 3,614 TRAINING EQUIPMENT 059 OTHER TRAINING EQUIPMENT ...... 42,911 42,911 AVIATION ELECTRONIC EQUIPMENT 060 MATCALS ...... 5,861 5,861 061 SHIPBOARD AIR TRAFFIC CONTROL ...... 8,362 8,362 062 AUTOMATIC CARRIER LANDING SYSTEM ...... 15,685 15,685 063 NATIONAL AIR SPACE SYSTEM ...... 16,919 16,919 064 FLEET AIR TRAFFIC CONTROL SYSTEMS ...... 6,828 6,828 065 LANDING SYSTEMS...... 7,646 7,646 066 ID SYSTEMS...... 35,474 35,474 067 NAVAL MISSION PLANNING SYSTEMS ...... 9,958 9,958 OTHER SHORE ELECTRONIC EQUIPMENT 068 DEPLOYABLE JOINT COMMAND AND CONT ...... 9,064 9,064 069 MARITIME INTEGRATED BROADCAST SYSTEM ...... 16,026 16,026 070 TACTICAL/MOBILE C4I SYSTEMS ...... 11,886 11,886 071 DCGS-N ...... 11,887 11,887 072 CANES ...... 341,398 341,398 073 RADIAC ...... 8,083 8,083 074 CANES-INTELL ...... 79,427 79,427 075 GPETE ...... 6,083 6,083 076 INTEG COMBAT SYSTEM TEST FACILITY ...... 4,495 4,495 077 EMI CONTROL INSTRUMENTATION ...... 4,767 4,767 078 ITEMS LESS THAN $5 MILLION ...... 81,755 81,755 SHIPBOARD COMMUNICATIONS 079 SHIPBOARD TACTICAL COMMUNICATIONS ...... 0 0 080 SHIP COMMUNICATIONS AUTOMATION ...... 56,870 56,870 081 MARITIME DOMAIN AWARENESS (MDA) ...... 1,063 1,063 082 COMMUNICATIONS ITEMS UNDER $5M ...... 28,522 28,522 083 SUBMARINE BROADCAST SUPPORT ...... 4,183 4,183 084 SUBMARINE COMMUNICATION EQUIPMENT ...... 69,025 69,025 SATELLITE COMMUNICATIONS 085 SATELLITE COMMUNICATIONS SYSTEMS ...... 49,294 49,294 086 NAVY MULTIBAND TERMINAL (NMT) ...... 184,825 184,825 SHORE COMMUNICATIONS 087 JCS COMMUNICATIONS EQUIPMENT ...... 2,180 2,180 088 ELECTRICAL POWER SYSTEMS ...... 1,354 1,354 089 NAVAL SHORE COMMUNICATIONS ...... 0 0 CRYPTOGRAPHIC EQUIPMENT 090 INFO SYSTEMS SECURITY PROGRAM (ISSP) ...... 144,104 144,104 CRYPTOLOGIC EQUIPMENT 091 CRYPTOLOGIC COMMUNICATIONS EQUIP ...... 12,604 12,604 OTHER ELECTRONIC SUPPORT 092 COAST GUARD EQUIPMENT ...... 6,680 6,680 093 DEFENSE RAPID INNOVATION PROGRAM ...... 0 0 DRUG INTERDICTION SUPPORT 094 OTHER DRUG INTERDICTION SUPPORT ...... 0 0 SONOBUOYS 095 SONOBUOYS—ALL TYPES...... 104,677 104,677 AIRCRAFT SUPPORT EQUIPMENT 096 WEAPONS RANGE SUPPORT EQUIPMENT ...... 70,753 70,753 097 EXPEDITIONARY AIRFIELDS...... 8,678 8,678 098 AIRCRAFT REARMING EQUIPMENT ...... 11,349 11,349 099 AIRCRAFT LAUNCH & RECOVERY EQUIPMENT ...... 82,618 82,618 100 METEOROLOGICAL EQUIPMENT...... 18,339 18,339 101 DCRS/DPL ...... 1,414 1,414 102 AVIATION LIFE SUPPORT ...... 40,475 40,475 103 AIRBORNE MINE COUNTERMEASURES ...... 61,552 61,552 104 LAMPS MK III SHIPBOARD EQUIPMENT ...... 18,771 18,771 105 PORTABLE ELECTRONIC MAINTENANCE AIDS ...... 7,954 7,954 106 OTHER AVIATION SUPPORT EQUIPMENT ...... 10,023 10,023 107 AUTONOMIC LOGISTICS INFORMATION SYSTEM (ALIS) ...... 3,826 3,826 SHIP GUN SYSTEM EQUIPMENT 108 NAVAL FIRES CONTROL SYSTEM ...... 3,472 3,472 109 GUN FIRE CONTROL EQUIPMENT ...... 4,528 4,528 SHIP MISSILE SYSTEMS EQUIPMENT 110 NATO SEASPARROW...... 8,960 8,960 111 RAM GMLS...... 1,185 1,185 112 SHIP SELF DEFENSE SYSTEM ...... 55,371 55,371 113 AEGIS SUPPORT EQUIPMENT ...... 81,614 81,614 114 TOMAHAWK SUPPORT EQUIPMENT ...... 77,767 77,767 115 VERTICAL LAUNCH SYSTEMS ...... 754 754 116 MARITIME INTEGRATED PLANNING SYSTEM—MIPS ...... 4,965 4,965 FBM SUPPORT EQUIPMENT 117 STRATEGIC MISSILE SYSTEMS EQUIP ...... 181,049 181,049 118 SSN COMBAT CONTROL SYSTEMS ...... 71,316 71,316 119 SUBMARINE ASW SUPPORT EQUIPMENT ...... 4,018 4,018 120 SURFACE ASW SUPPORT EQUIPMENT ...... 6,465 6,465 121 ASW RANGE SUPPORT EQUIPMENT ...... 47,930 47,930 OTHER ORDNANCE SUPPORT EQUIPMENT 122 EXPLOSIVE ORDNANCE DISPOSAL EQUIP ...... 3,579 3,579 123 ITEMS LESS THAN $5 MILLION ...... 3,125 3,125 OTHER EXPENDABLE ORDNANCE

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SEC. 4101. PROCUREMENT (In Thousands of Dollars) FY 2013 Senate Line Item Request Authorized

124 ANTI-SHIP MISSILE DECOY SYSTEM ...... 31,743 31,743 125 SURFACE TRAINING DEVICE MODS ...... 34,174 34,174 126 SUBMARINE TRAINING DEVICE MODS ...... 23,450 23,450 CIVIL ENGINEERING SUPPORT EQUIPMENT 127 PASSENGER CARRYING VEHICLES ...... 7,158 7,158 128 GENERAL PURPOSE TRUCKS ...... 3,325 3,325 129 CONSTRUCTION & MAINTENANCE EQUIP ...... 8,692 8,692 130 FIRE FIGHTING EQUIPMENT ...... 14,533 14,533 131 TACTICAL VEHICLES...... 15,330 15,330 132 AMPHIBIOUS EQUIPMENT...... 10,803 10,803 133 POLLUTION CONTROL EQUIPMENT ...... 7,265 7,265 134 ITEMS UNDER $5 MILLION ...... 15,252 15,252 135 PHYSICAL SECURITY VEHICLES ...... 1,161 1,161 SUPPLY SUPPORT EQUIPMENT 136 MATERIALS HANDLING EQUIPMENT ...... 15,204 15,204 137 OTHER SUPPLY SUPPORT EQUIPMENT ...... 6,330 6,330 138 FIRST DESTINATION TRANSPORTATION ...... 6,539 6,539 139 SPECIAL PURPOSE SUPPLY SYSTEMS ...... 34,804 34,804 TRAINING DEVICES 140 TRAINING SUPPORT EQUIPMENT ...... 25,444 25,444 COMMAND SUPPORT EQUIPMENT 141 COMMAND SUPPORT EQUIPMENT ...... 43,165 43,165 142 EDUCATION SUPPORT EQUIPMENT ...... 2,251 2,251 143 MEDICAL SUPPORT EQUIPMENT ...... 3,148 3,148 146 NAVAL MIP SUPPORT EQUIPMENT ...... 3,502 3,502 148 OPERATING FORCES SUPPORT EQUIPMENT ...... 15,696 15,696 149 C4ISR EQUIPMENT...... 4,344 4,344 150 ENVIRONMENTAL SUPPORT EQUIPMENT ...... 19,492 19,492 151 PHYSICAL SECURITY EQUIPMENT ...... 177,149 177,149 152 ENTERPRISE INFORMATION TECHNOLOGY ...... 183,995 183,995 CLASSIFIED PROGRAMS 152A CLASSIFIED PROGRAMS...... 13,063 13,063 SPARES AND REPAIR PARTS 153 SPARES AND REPAIR PARTS ...... 250,718 250,718 TOTAL, OTHER PROCUREMENT, NAVY ...... 6,169,378 6,169,378

PROCUREMENT, MARINE CORPS TRACKED COMBAT VEHICLES 001 AAV7A1 PIP...... 16,089 16,089 002 LAV PIP...... 186,216 46,216 LAV procurement acquisition objective change ...... [–140,000] ARTILLERY AND OTHER WEAPONS 003 EXPEDITIONARY FIRE SUPPORT SYSTEM ...... 2,502 2,502 004 155MM LIGHTWEIGHT TOWED HOWITZER ...... 17,913 17,913 005 HIGH MOBILITY ARTILLERY ROCKET SYSTEM ...... 47,999 47,999 006 WEAPONS AND COMBAT VEHICLES UNDER $5 MILLION ...... 17,706 17,706 OTHER SUPPORT 007 MODIFICATION KITS...... 48,040 48,040 008 WEAPONS ENHANCEMENT PROGRAM ...... 4,537 4,537 GUIDED MISSILES 009 GROUND BASED AIR DEFENSE ...... 11,054 11,054 010 JAVELIN ...... 0 0 011 FOLLOW ON TO SMAW ...... 19,650 19,650 012 ANTI-ARMOR WEAPONS SYSTEM-HEAVY (AAWS-H) ...... 20,708 20,708 OTHER SUPPORT 013 MODIFICATION KITS...... 0 0 COMMAND AND CONTROL SYSTEMS 014 UNIT OPERATIONS CENTER ...... 1,420 1,420 REPAIR AND TEST EQUIPMENT 015 REPAIR AND TEST EQUIPMENT ...... 25,127 25,127 OTHER SUPPORT (TEL) 016 COMBAT SUPPORT SYSTEM ...... 25,822 25,822 017 MODIFICATION KITS...... 2,831 2,831 COMMAND AND CONTROL SYSTEM (NON-TEL) 018 ITEMS UNDER $5 MILLION (COMM & ELEC) ...... 5,498 5,498 019 AIR OPERATIONS C2 SYSTEMS ...... 11,290 11,290 RADAR + EQUIPMENT (NON-TEL) 020 RADAR SYSTEMS...... 128,079 128,079 021 RQ–21 UAS...... 27,619 27,619 INTELL/COMM EQUIPMENT (NON-TEL) 022 FIRE SUPPORT SYSTEM ...... 7,319 7,319 023 INTELLIGENCE SUPPORT EQUIPMENT ...... 7,466 7,466 025 RQ–11 UAV...... 2,318 2,318 026 DCGS-MC ...... 18,291 18,291 OTHER COMM/ELEC EQUIPMENT (NON-TEL) 029 NIGHT VISION EQUIPMENT ...... 48,084 48,084 OTHER SUPPORT (NON-TEL) 030 COMMON COMPUTER RESOURCES ...... 206,708 206,708 031 COMMAND POST SYSTEMS ...... 35,190 35,190 032 RADIO SYSTEMS...... 89,059 89,059 033 COMM SWITCHING & CONTROL SYSTEMS ...... 22,500 22,500 034 COMM & ELEC INFRASTRUCTURE SUPPORT ...... 42,625 42,625 CLASSIFIED PROGRAMS

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SEC. 4101. PROCUREMENT (In Thousands of Dollars) FY 2013 Senate Line Item Request Authorized

035A CLASSIFIED PROGRAMS...... 2,290 2,290 ADMINISTRATIVE VEHICLES 035 COMMERCIAL PASSENGER VEHICLES ...... 2,877 2,877 036 COMMERCIAL CARGO VEHICLES ...... 13,960 13,960 TACTICAL VEHICLES 037 5/4T TRUCK HMMWV (MYP) ...... 8,052 8,052 038 MOTOR TRANSPORT MODIFICATIONS ...... 50,269 50,269 039 MEDIUM TACTICAL VEHICLE REPLACEMENT ...... 0 0 040 LOGISTICS VEHICLE SYSTEM REP ...... 37,262 37,262 041 FAMILY OF TACTICAL TRAILERS ...... 48,160 48,160 042 TRAILERS ...... 0 0 OTHER SUPPORT 043 ITEMS LESS THAN $5 MILLION ...... 6,705 6,705 ENGINEER AND OTHER EQUIPMENT 044 ENVIRONMENTAL CONTROL EQUIP ASSORT ...... 13,576 13,576 045 BULK LIQUID EQUIPMENT ...... 16,869 16,869 046 TACTICAL FUEL SYSTEMS ...... 19,108 19,108 047 POWER EQUIPMENT ASSORTED ...... 56,253 56,253 048 AMPHIBIOUS SUPPORT EQUIPMENT ...... 13,089 13,089 049 EOD SYSTEMS...... 73,699 73,699 MATERIALS HANDLING EQUIPMENT 050 PHYSICAL SECURITY EQUIPMENT ...... 3,510 3,510 051 GARRISON MOBILE ENGINEER EQUIPMENT (GMEE) ...... 11,490 11,490 052 MATERIAL HANDLING EQUIP ...... 20,659 20,659 053 FIRST DESTINATION TRANSPORTATION ...... 132 132 GENERAL PROPERTY 054 FIELD MEDICAL EQUIPMENT ...... 31,068 31,068 055 TRAINING DEVICES...... 45,895 45,895 056 CONTAINER FAMILY...... 5,801 5,801 057 FAMILY OF CONSTRUCTION EQUIPMENT ...... 23,939 23,939 058 FAMILY OF INTERNALLY TRANSPORTABLE VEH (ITV) ...... 0 0 059 BRIDGE BOATS...... 0 0 060 RAPID DEPLOYABLE KITCHEN ...... 8,365 8,365 OTHER SUPPORT 061 ITEMS LESS THAN $5 MILLION ...... 7,077 7,077 SPARES AND REPAIR PARTS 062 SPARES AND REPAIR PARTS ...... 3,190 3,190

PRIOR YEAR SAVINGS 062A PRIOR YEAR SAVINGS ...... –135,200 LAV procurement acquisition objective change PY ...... [–135,200]

TOTAL, PROCUREMENT, MARINE CORPS ...... 1,622,955 1,347,755

AIRCRAFT PROCUREMENT, AIR FORCE TACTICAL FORCES 001 F–35 ...... 3,124,302 3,124,302 002 ADVANCE PROCUREMENT (CY) ...... 293,400 293,400 003 F–22A ...... 0 0 004 C–17A (MYP)...... 0 0 OTHER AIRLIFT 005 C–130J ...... 68,373 68,373 006 ADVANCE PROCUREMENT (CY) ...... 0 0 007 HC–130J ...... 152,212 152,212 008 ADVANCE PROCUREMENT (CY) ...... 0 0 009 MC–130J ...... 374,866 374,866 010 ADVANCE PROCUREMENT (CY) ...... 0 0 011 HC/MC–130 RECAP...... 0 0 012 C–27J ...... 0 0 UPT TRAINERS 013 LIGHT MOBILITY AIRCRAFT ...... 0 0 014 USAFA POWERED FLIGHT PROGRAM ...... 0 0 HELICOPTERS 015 HH–60 LOSS REPLACEMENT/RECAP ...... 60,596 60,596 016 COMMON VERTICAL LIFT SUPPORT PLATFORM (CVLSP) ...... 0 0 017 CV–22 (MYP)...... 294,220 294,220 018 ADVANCE PROCUREMENT (CY) ...... 15,000 15,000 MISSION SUPPORT AIRCRAFT 019 CIVIL AIR PATROL A/C ...... 2,498 2,498 020 LIGHT ATTACK ARMED RECON ACFT ...... 0 0 021 RQ–11 ...... 0 0 022 STUASL0 ...... 0 0 OTHER AIRCRAFT 023 INTERIM GATEWAY...... 0 0 024 TARGET DRONES...... 129,866 129,866 025 C–37A ...... 0 0 026 RQ–4 ...... 75,000 75,000 027 ADVANCE PROCUREMENT (CY) ...... 0 0 028 AC–130J ...... 163,970 163,970 029 ADVANCE PROCUREMENT (CY) ...... 0 0 030 MQ–9 ...... 553,530 553,530 031 RQ–4 BLOCK 40 PROC ...... 11,654 11,654 STRATEGIC AIRCRAFT

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SEC. 4101. PROCUREMENT (In Thousands of Dollars) FY 2013 Senate Line Item Request Authorized

032 B–2A ...... 82,296 82,296 033 B–1B ...... 149,756 149,756 034 B–52 ...... 9,781 9,781 035 LARGE AIRCRAFT INFRARED COUNTERMEASURES ...... 28,800 28,800 TACTICAL AIRCRAFT 036 A–10 ...... 89,919 89,919 037 F–15 ...... 148,378 148,378 038 F–16 ...... 6,896 6,896 039 F–22A ...... 283,871 283,871 040 F–35 MODIFICATIONS...... 147,995 147,995 AIRLIFT AIRCRAFT 041 C–5 ...... 6,967 6,967 042 ADVANCE PROCUREMENT (CY) ...... 0 0 043 C–5M ...... 944,819 944,819 044 ADVANCE PROCUREMENT (CY) ...... 175,800 175,800 045 C–9C ...... 0 0 046 C–17A ...... 205,079 205,079 047 C–21 ...... 199 199 048 C–32A ...... 1,750 1,750 049 C–37A ...... 445 445 050 C–130 AMP...... 0 0 TRAINER AIRCRAFT 051 GLIDER MODS...... 126 126 052 T–6 ...... 15,494 15,494 053 T–1 ...... 272 272 054 T–38 ...... 20,455 20,455 OTHER AIRCRAFT 055 U–2 MODS...... 0 0 056 U–2 MODS...... 44,477 44,477 057 KC–10A (ATCA)...... 46,921 46,921 058 C–12 ...... 1,876 1,876 059 MC–12W ...... 17,054 17,054 060 C–20 MODS...... 243 243 061 VC–25A MOD...... 11,185 11,185 062 C–40 ...... 243 243 063 C–130 ...... 67,853 67,853 064 C–130 INTEL...... 0 0 065 C–130J MODS...... 70,555 70,555 066 C–135 ...... 46,707 46,707 067 COMPASS CALL MODS ...... 50,024 50,024 068 RC–135 ...... 165,237 165,237 069 E–3 ...... 193,099 193,099 070 E–4 ...... 47,616 47,616 071 E–8 ...... 59,320 71,320 Restart production line for the JSTARS re-engining program ...... [12,000] 072 H–1 ...... 5,449 5,449 073 H–60 ...... 26,227 26,227 074 RQ–4 MODS...... 9,257 9,257 075 HC/MC–130 MODIFICATIONS...... 22,326 22,326 076 OTHER AIRCRAFT...... 18,832 18,832 077 MQ–1 MODS...... 30,861 30,861 078 MQ–9 MODS...... 238,360 238,360 079 MQ–9 UAS PAYLOADS ...... 93,461 93,461 080 CV–22 MODS...... 23,881 23,881 AIRCRAFT SPARES AND REPAIR PARTS 081 INITIAL SPARES/REPAIR PARTS ...... 729,691 729,691 COMMON SUPPORT EQUIPMENT 082 AIRCRAFT REPLACEMENT SUPPORT EQUIP ...... 56,542 56,542 POST PRODUCTION SUPPORT 083 A–10 ...... 5,100 5,100 084 B–1 ...... 965 965 085 B–2A ...... 0 0 086 B–2A ...... 47,580 47,580 087 C–5 ...... 0 0 088 KC–10A (ATCA)...... 13,100 13,100 089 C–17A ...... 181,703 181,703 090 C–130 ...... 31,830 31,830 091 C–135 ...... 13,434 13,434 092 F–15 ...... 2,363 2,363 093 F–16 ...... 8,506 8,506 094 HH–60 PPS...... 0 0 095 T–6 ...... 0 0 096 OTHER AIRCRAFT...... 9,522 9,522 INDUSTRIAL PREPAREDNESS 097 INDUSTRIAL RESPONSIVENESS...... 20,731 20,731 WAR CONSUMABLES 098 WAR CONSUMABLES...... 89,727 89,727 OTHER PRODUCTION CHARGES 099 OTHER PRODUCTION CHARGES ...... 842,392 842,392 DARP 103 U–2 ...... 0 0 CLASSIFIED PROGRAMS 103A CLASSIFIED PROGRAMS...... 20,164 20,164

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SEC. 4101. PROCUREMENT (In Thousands of Dollars) FY 2013 Senate Line Item Request Authorized

PRIOR YEAR SAVINGS 103B PRIOR YEAR SAVINGS ...... –920,748 Light attack armed reconnaissance (LAAR) cancellation ...... [–115,049] Light mobiilty aircraft cancellation ...... [–65,296] Common vertical lift support platform (CVLSP) cancellation ...... [–52,800] C–130 AMP cancellation ...... [–207,163] RQ–4 Global Hawk Block 30 cancellation ...... [–480,440]

TOTAL, AIRCRAFT PROCUREMENT, AIR FORCE ...... 11,002,999 10,094,251

MISSILE PROCUREMENT, AIR FORCE MISSILE REPLACEMENT EQUIPMENT—BALLISTIC 001 MISSILE REPLACEMENT EQ-BALLISTIC ...... 56,906 56,906 TACTICAL 002 JASSM ...... 240,399 240,399 003 SIDEWINDER (AIM–9X)...... 88,020 88,020 004 AMRAAM ...... 229,637 229,637 005 PREDATOR HELLFIRE MISSILE ...... 47,675 47,675 006 SMALL DIAMETER BOMB ...... 42,000 42,000 INDUSTRIAL FACILITIES 007 INDUSTR’L PREPAREDNS/POL PREVENTION ...... 744 744 CLASS IV 008 ADVANCED CRUISE MISSILE ...... 0 0 009 MM III MODIFICATIONS ...... 54,794 54,794 010 AGM–65D MAVERICK...... 271 271 011 AGM–88A HARM...... 23,240 23,240 012 AIR LAUNCH CRUISE MISSILE (ALCM) ...... 13,620 13,620 013 SMALL DIAMETER BOMB ...... 5,000 5,000 MISSILE SPARES AND REPAIR PARTS 014 INITIAL SPARES/REPAIR PARTS ...... 74,373 74,373 SPACE PROGRAMS 015 ADVANCED EHF...... 557,205 557,205 016 ADVANCE PROCUREMENT (CY) ...... 0 0 017 WIDEBAND GAPFILLER SATELLITES(SPACE) ...... 36,835 36,835 018 ADVANCE PROCUREMENT (CY) ...... 0 0 019 GPS III SPACE SEGMENT ...... 410,294 410,294 020 ADVANCE PROCUREMENT (CY) ...... 82,616 82,616 021 SPACEBORNE EQUIP (COMSEC) ...... 10,554 10,554 022 GLOBAL POSITIONING (SPACE) ...... 58,147 58,147 023 DEF METEOROLOGICAL SAT PROG(SPACE) ...... 89,022 89,022 024 EVOLVED EXPENDABLE LAUNCH VEH(SPACE) ...... 1,679,856 1,679,856 025 SBIR HIGH (SPACE) ...... 454,251 454,251 026 ADVANCE PROCUREMENT (CY) ...... 0 0 SPECIAL PROGRAMS 028 DEFENSE SPACE RECONN PROGRAM ...... 0 0 030 SPECIAL UPDATE PROGRAMS ...... 138,904 138,904 CLASSIFIED PROGRAMS 030A CLASSIFIED PROGRAMS...... 1,097,483 1,097,483 TOTAL, MISSILE PROCUREMENT, AIR FORCE ...... 5,491,846 5,491,846

PROCUREMENT OF AMMUNITION, AIR FORCE ROCKETS 001 ROCKETS ...... 8,927 8,927 CARTRIDGES 002 CARTRIDGES ...... 118,075 118,075 BOMBS 003 PRACTICE BOMBS...... 32,393 32,393 004 GENERAL PURPOSE BOMBS ...... 163,467 163,467 005 JOINT DIRECT ATTACK MUNITION ...... 101,921 101,921 FLARE, IR MJU–7B 006 CAD/PAD ...... 43,829 43,829 007 EXPLOSIVE ORDNANCE DISPOSAL (EOD) ...... 7,515 7,515 008 SPARES AND REPAIR PARTS ...... 1,003 1,003 009 MODIFICATIONS ...... 5,321 5,321 010 ITEMS LESS THAN $5 MILLION ...... 5,066 5,066 FUZES 011 FLARES ...... 46,010 46,010 012 FUZES ...... 36,444 36,444 SMALL ARMS 013 SMALL ARMS...... 29,223 29,223 TOTAL, PROCUREMENT OF AMMUNITION, AIR FORCE ...... 599,194 599,194

OTHER PROCUREMENT, AIR FORCE PASSENGER CARRYING VEHICLES 001 PASSENGER CARRYING VEHICLES ...... 1,905 1,905 CARGO AND UTILITY VEHICLES 002 MEDIUM TACTICAL VEHICLE ...... 18,547 18,547 003 CAP VEHICLES...... 932 932 004 ITEMS LESS THAN $5 MILLION ...... 1,699 1,699 SPECIAL PURPOSE VEHICLES 005 SECURITY AND TACTICAL VEHICLES ...... 10,850 10,850 006 ITEMS LESS THAN $5 MILLION ...... 9,246 9,246

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SEC. 4101. PROCUREMENT (In Thousands of Dollars) FY 2013 Senate Line Item Request Authorized

FIRE FIGHTING EQUIPMENT 007 FIRE FIGHTING/CRASH RESCUE VEHICLES ...... 23,148 23,148 MATERIALS HANDLING EQUIPMENT 008 ITEMS LESS THAN $5 MILLION ...... 18,323 18,323 BASE MAINTENANCE SUPPORT 009 RUNWAY SNOW REMOV AND CLEANING EQU ...... 1,685 1,685 010 ITEMS LESS THAN $5 MILLION ...... 17,014 17,014 CANCELLED ACCOUNT ADJUSTMENTS 011 CANCELLED ACCOUNT ADJUSTMENTS ...... 0 0 COMM SECURITY EQUIPMENT(COMSEC) 012 COMSEC EQUIPMENT...... 166,559 166,559 013 MODIFICATIONS (COMSEC)...... 1,133 1,133 INTELLIGENCE PROGRAMS 014 INTELLIGENCE TRAINING EQUIPMENT ...... 2,749 2,749 015 INTELLIGENCE COMM EQUIPMENT ...... 32,876 32,876 016 ADVANCE TECH SENSORS ...... 877 877 017 MISSION PLANNING SYSTEMS ...... 15,295 15,295 ELECTRONICS PROGRAMS 018 AIR TRAFFIC CONTROL & LANDING SYS ...... 21,984 21,984 019 NATIONAL AIRSPACE SYSTEM ...... 30,698 30,698 020 BATTLE CONTROL SYSTEM—FIXED ...... 17,368 17,368 021 THEATER AIR CONTROL SYS IMPROVEMENTS ...... 23,483 23,483 022 WEATHER OBSERVATION FORECAST ...... 17,864 17,864 023 STRATEGIC COMMAND AND CONTROL ...... 53,995 53,995 024 CHEYENNE MOUNTAIN COMPLEX ...... 14,578 14,578 025 TAC SIGINT SPT ...... 208 208 026 DRUG INTERDICTION SPT ...... 0 0 SPCL COMM-ELECTRONICS PROJECTS 027 GENERAL INFORMATION TECHNOLOGY ...... 69,743 69,743 028 AF GLOBAL COMMAND & CONTROL SYS ...... 15,829 15,829 029 MOBILITY COMMAND AND CONTROL ...... 11,023 11,023 030 AIR FORCE PHYSICAL SECURITY SYSTEM ...... 64,521 64,521 031 COMBAT TRAINING RANGES ...... 18,217 18,217 032 C3 COUNTERMEASURES...... 11,899 11,899 033 GCSS-AF FOS...... 13,920 13,920 034 THEATER BATTLE MGT C2 SYSTEM ...... 9,365 9,365 035 AIR & SPACE OPERATIONS CTR-WPN SYS ...... 33,907 33,907 AIR FORCE COMMUNICATIONS 036 INFORMATION TRANSPORT SYSTEMS ...... 52,464 52,464 037 BASE INFO INFRASTRUCTURE ...... 0 0 038 AFNET ...... 125,788 125,788 039 VOICE SYSTEMS...... 16,811 16,811 040 USCENTCOM ...... 32,138 32,138 DISA PROGRAMS 041 SPACE BASED IR SENSOR PGM SPACE ...... 47,135 47,135 042 NAVSTAR GPS SPACE ...... 2,031 2,031 043 NUDET DETECTION SYS SPACE ...... 5,564 5,564 044 AF SATELLITE CONTROL NETWORK SPACE ...... 44,219 44,219 045 SPACELIFT RANGE SYSTEM SPACE ...... 109,545 109,545 046 MILSATCOM SPACE...... 47,592 47,592 047 SPACE MODS SPACE ...... 47,121 47,121 048 COUNTERSPACE SYSTEM...... 20,961 20,961 ORGANIZATION AND BASE 049 TACTICAL C-E EQUIPMENT ...... 126,131 126,131 050 COMBAT SURVIVOR EVADER LOCATER ...... 23,707 23,707 051 RADIO EQUIPMENT...... 12,757 12,757 052 CCTV/AUDIOVISUAL EQUIPMENT...... 10,716 10,716 053 BASE COMM INFRASTRUCTURE ...... 74,528 74,528 MODIFICATIONS 054 COMM ELECT MODS ...... 43,507 43,507 PERSONAL SAFETY & RESCUE EQUIP 055 NIGHT VISION GOGGLES ...... 22,693 22,693 056 ITEMS LESS THAN $5 MILLION ...... 30,887 30,887 DEPOT PLANT+MTRLS HANDLING EQ 057 MECHANIZED MATERIAL HANDLING EQUIP ...... 2,850 2,850 BASE SUPPORT EQUIPMENT 058 BASE PROCURED EQUIPMENT ...... 8,387 8,387 059 CONTINGENCY OPERATIONS...... 10,358 10,358 060 PRODUCTIVITY CAPITAL INVESTMENT ...... 3,473 3,473 061 RAPID IMPROVEMENT PROCUREMENT INOVAT ...... 0 0 062 MOBILITY EQUIPMENT...... 14,471 14,471 063 ITEMS LESS THAN $5 MILLION ...... 1,894 1,894 SPECIAL SUPPORT PROJECTS 065 DARP RC135...... 24,176 24,176 066 DCGS-AF ...... 142,928 142,928 068 SPECIAL UPDATE PROGRAM ...... 479,446 479,446 069 DEFENSE SPACE RECONNAISSANCE PROG...... 39,155 39,155 CLASSIFIED PROGRAMS 069A CLASSIFIED PROGRAMS...... 14,331,312 14,331,312 SPARES AND REPAIR PARTS 071 SPARES AND REPAIR PARTS ...... 14,663 14,663 TOTAL, OTHER PROCUREMENT, AIR FORCE ...... 16,720,848 16,720,848

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SEC. 4101. PROCUREMENT (In Thousands of Dollars) FY 2013 Senate Line Item Request Authorized

PROCUREMENT, DEFENSE-WIDE MAJOR EQUIPMENT, BTA 001 MAJOR EQUIPMENT, BTA ...... 0 0 MAJOR EQUIPMENT, DCAA 002 ITEMS LESS THAN $5 MILLION ...... 1,486 1,486 MAJOR EQUIPMENT, DCMA 003 MAJOR EQUIPMENT...... 2,129 2,129 EQUIPMENT 004 EQUIPMENT ...... 0 0 MAJOR EQUIPMENT, DHRA 005 PERSONNEL ADMINISTRATION...... 6,147 6,147 MAJOR EQUIPMENT, DISA 012 INFORMATION SYSTEMS SECURITY ...... 12,708 12,708 013 GLOBAL COMMAND AND CONTROL SYSTEM ...... 0 0 014 GLOBAL COMBAT SUPPORT SYSTEM ...... 3,002 3,002 015 TELEPORT PROGRAM...... 46,992 46,992 016 ITEMS LESS THAN $5 MILLION ...... 108,462 108,462 017 NET CENTRIC ENTERPRISE SERVICES (NCES) ...... 2,865 2,865 018 DEFENSE INFORMATION SYSTEM NETWORK ...... 116,906 116,906 019 PUBLIC KEY INFRASTRUCTURE ...... 1,827 1,827 020 DRUG INTERDICTION SUPPORT ...... 0 0 021 CYBER SECURITY INITIATIVE ...... 10,319 10,319 MAJOR EQUIPMENT, DLA 022 MAJOR EQUIPMENT...... 9,575 9,575 MAJOR EQUIPMENT, DMACT 023 MAJOR EQUIPMENT...... 15,179 15,179 MAJOR EQUIPMENT, DODEA 024 AUTOMATION/EDUCATIONAL SUPPORT & LOGISTICS ...... 1,458 1,458 MAJOR EQUIPMENT, DEFENSE SECURITY COOPERATION AGENCY 025 EQUIPMENT ...... 0 0 MAJOR EQUIPMENT, DSS 026 MAJOR EQUIPMENT...... 2,522 2,522 MAJOR EQUIPMENT, DEFENSE THREAT REDUCTION AGENCY 027 VEHICLES ...... 50 50 028 OTHER MAJOR EQUIPMENT ...... 13,096 13,096 MAJOR EQUIPMENT, DTSA 029 MAJOR EQUIPMENT...... 0 0 MAJOR EQUIPMENT, MISSILE DEFENSE AGENCY 030 THAAD ...... 460,728 560,728 THAAD Interceptors ...... [100,000] 031 AEGIS BMD...... 389,626 389,626 032 BMDS AN/TPY–2 RADARS ...... 217,244 217,244 033 RADAR SPARES...... 10,177 10,177 034 IRON DOME...... 0 0 MAJOR EQUIPMENT, NSA 041 INFORMATION SYSTEMS SECURITY PROGRAM (ISSP) ...... 6,770 6,770 MAJOR EQUIPMENT, OSD 042 MAJOR EQUIPMENT, OSD ...... 45,938 45,938 043 MAJOR EQUIPMENT, INTELLIGENCE ...... 17,582 17,582 MAJOR EQUIPMENT, TJS 044 MAJOR EQUIPMENT, TJS ...... 21,878 21,878 MAJOR EQUIPMENT, WHS 045 MAJOR EQUIPMENT, WHS ...... 26,550 26,550 CLASSIFIED PROGRAMS 045A CLASSIFIED PROGRAMS...... 555,787 555,787 AVIATION PROGRAMS 046 ROTARY WING UPGRADES AND SUSTAINMENT ...... 74,832 74,832 047 MH–47 SERVICE LIFE EXTENSION PROGRAM ...... 0 0 048 MH–60 MODERNIZATION PROGRAM ...... 126,780 126,780 049 NON-STANDARD AVIATION...... 99,776 37,000 Transfer to Line 51 at USSOCOM request ...... [–62,776] 050 TANKER RECAPITALIZATION...... 0 0 051 U–28 ...... 7,530 116,906 Transfer from Line 49 at USSOCOM request ...... [62,776] USSOCOM UFR ...... [46,600] 052 MH–47 CHINOOK...... 134,785 134,785 053 RQ–11 UNMANNED AERIAL VEHICLE ...... 2,062 2,062 054 CV–22 MODIFICATION...... 139,147 139,147 055 MQ–1 UNMANNED AERIAL VEHICLE ...... 3,963 26,963 USSOCOM UFR ...... [23,000] 056 MQ–9 UNMANNED AERIAL VEHICLE ...... 3,952 39,352 USSOCOM UFR ...... [35,400] 057 RQ–7 UNMANNED AERIAL VEHICLE ...... 0 0 058 STUASL0 ...... 12,945 12,945 059 PRECISION STRIKE PACKAGE ...... 73,013 73,013 060 AC/MC–130J ...... 51,484 51,484 061 MQ–8 UAV...... 0 0 062 C–130 MODIFICATIONS...... 25,248 25,248 063 AIRCRAFT SUPPORT...... 5,314 5,314 SHIPBUILDING 064 UNDERWATER SYSTEMS...... 23,037 15,037 Transfer to RDDW Line 272 at USSOCOM request ...... [–8,000] 065 SEAL DELIVERY VEHICLE ...... 0 0

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SEC. 4101. PROCUREMENT (In Thousands of Dollars) FY 2013 Senate Line Item Request Authorized

AMMUNITION PROGRAMS 066 ORDNANCE REPLENISHMENT...... 113,183 113,183 067 ORDNANCE ACQUISITION...... 36,981 36,981 OTHER PROCUREMENT PROGRAMS 068 COMMUNICATIONS EQUIPMENT AND ELECTRONICS ...... 99,838 103,738 USSOCOM UFR ...... [3,900] 069 INTELLIGENCE SYSTEMS...... 71,428 71,428 070 SMALL ARMS AND WEAPONS ...... 27,108 27,108 071 DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ...... 12,767 15,967 USSOCOM UFR ...... [3,200] 073 MARITIME EQUIPMENT MODIFICATIONS ...... 0 0 074 COMBATANT CRAFT SYSTEMS ...... 42,348 42,348 075 SPARES AND REPAIR PARTS ...... 600 600 077 TACTICAL VEHICLES...... 37,421 37,421 078 MISSION TRAINING AND PREPARATION SYSTEMS ...... 36,949 41,949 USSOCOM UFR ...... [5,000] 079 COMBAT MISSION REQUIREMENTS ...... 20,255 20,255 080 MILCON COLLATERAL EQUIPMENT ...... 17,590 17,590 082 AUTOMATION SYSTEMS...... 66,573 66,573 083 GLOBAL VIDEO SURVEILLANCE ACTIVITIES ...... 6,549 6,549 084 OPERATIONAL ENHANCEMENTS INTELLIGENCE ...... 32,335 32,335 085 SOLDIER PROTECTION AND SURVIVAL SYSTEMS ...... 15,153 15,153 086 VISUAL AUGMENTATION LASERS AND SENSOR SYSTEMS ...... 33,920 33,920 087 TACTICAL RADIO SYSTEMS ...... 75,132 75,132 088 MARITIME EQUIPMENT...... 0 0 089 DRUG INTERDICTION...... 0 0 090 MISCELLANEOUS EQUIPMENT...... 6,667 6,667 091 OPERATIONAL ENHANCEMENTS...... 217,972 243,272 USSOCOM UFR ...... [25,300] 092 MILITARY INFORMATION SUPPORT OPERATIONS ...... 27,417 27,417 CLASSIFIED PROGRAMS 092A CLASSIFIED PROGRAMS...... 0 0 CBDP 093 INSTALLATION FORCE PROTECTION ...... 24,025 24,025 094 INDIVIDUAL PROTECTION...... 73,720 73,720 095 DECONTAMINATION ...... 506 506 096 JOINT BIO DEFENSE PROGRAM (MEDICAL) ...... 32,597 32,597 097 COLLECTIVE PROTECTION...... 3,144 3,144 098 CONTAMINATION AVOIDANCE...... 164,886 164,886 TOTAL, PROCUREMENT, DEFENSE-WIDE ...... 4,187,935 4,422,335

NATIONAL GUARD & RESERVE EQUIPMENT ARMY RESERVE 001 MISCELLANEOUS EQUIPMENT...... 0 0 NAVY RESERVE 002 MISCELLANEOUS EQUIPMENT...... 0 0 MARINE CORPS RESERVE 003 MISCELLANEOUS EQUIPMENT...... 0 0 AIR FORCE RESERVE 004 MISCELLANEOUS EQUIPMENT...... 0 0 ARMY NATIONAL GUARD 005 MISCELLANEOUS EQUIPMENT...... 0 0 AIR NATIONAL GUARD 006 MISCELLANEOUS EQUIPMENT...... 0 0 NATIONAL GUARD AIRCRAFT 007 MISCELLANEOUS EQUIPMENT...... 0 0 TOTAL, NATIONAL GUARD & RESERVE EQUIPMENT ...... 0 0

JOINT URGENT OPERATIONAL NEEDS FUND JOINT URGENT OPERATIONAL NEEDS FUND 001 JOINT URGENT OPERATIONAL NEEDS FUND ...... 99,477 99,477 TOTAL, JOINT URGENT OPERATIONAL NEEDS FUND ...... 99,477 99,477

TOTAL, PROCUREMENT ...... 97,432,379 96,959,163

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS.

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars) FY 2013 Senate Line Item Request Authorized

AIRCRAFT PROCUREMENT, ARMY ROTARY 009 AH–64 APACHE BLOCK IIIB NEW BUILD ...... 71,000 0 Funding ahead of need ...... [–71,000] 012 KIOWA WARRIOR (OH–58F) WRA ...... 183,900 183,900 015 CH–47 HELICOPTER...... 231,300 231,300 TOTAL, AIRCRAFT PROCUREMENT, ARMY ...... 486,200 415,200

MISSILE PROCUREMENT, ARMY SURFACE-TO-AIR MISSILE SYSTEM 004 HELLFIRE SYS SUMMARY ...... 29,100 29,100

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SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars) FY 2013 Senate Line Item Request Authorized

008 GUIDED MLRS ROCKET (GMLRS) ...... 20,553 20,553 TOTAL, MISSILE PROCUREMENT, ARMY ...... 49,653 49,653

PROCUREMENT OF W&TCV, ARMY MOD OF WEAPONS AND OTHER COMBAT VEH 036 M16 RIFLE MODS ...... 15,422 15,422 TOTAL, PROCUREMENT OF W&TCV, ARMY ...... 15,422 15,422

PROCUREMENT OF AMMUNITION, ARMY SMALL/MEDIUM CAL AMMUNITION 003 CTG, HANDGUN, ALL TYPES ...... 1,500 1,500 004 CTG, .50 CAL, ALL TYPES ...... 10,000 10,000 007 CTG, 30MM, ALL TYPES ...... 80,000 80,000 MORTAR AMMUNITION 009 60MM MORTAR, ALL TYPES ...... 14,000 14,000 010 81MM MORTAR, ALL TYPES ...... 6,000 6,000 011 120MM MORTAR, ALL TYPES ...... 56,000 56,000 ARTILLERY AMMUNITION 013 ARTILLERY CARTRIDGES, 75MM AND 105MM, ALL TYP ...... 29,956 29,956 014 ARTILLERY PROJECTILE, 155MM, ALL TYPES ...... 37,044 37,044 015 PROJ 155MM EXTENDED RANGE XM982 ...... 12,300 12,300 016 ARTILLERY PROPELLANTS, FUZES AND PRIMERS, ALL ...... 17,000 17,000 MINES 017 MINES & CLEARING CHARGES, ALL TYPES ...... 12,000 12,000 ROCKETS 020 ROCKET, HYDRA 70, ALL TYPES ...... 63,635 63,635 OTHER AMMUNITION 023 SIGNALS, ALL TYPES ...... 16,858 16,858 MISCELLANEOUS 028 ITEMS LESS THAN $5 MILLION ...... 1,200 1,200 PRODUCTION BASE SUPPORT TOTAL, PROCUREMENT OF AMMUNITION, ARMY ...... 357,493 357,493

OTHER PROCUREMENT, ARMY TACTICAL VEHICLES 002 FAMILY OF MEDIUM TACTICAL VEH (FMTV) ...... 28,247 28,247 004 FAMILY OF HEAVY TACTICAL VEHICLES (FHTV) ...... 2,050 2,050 011 HMMWV RECAPITALIZATION PROGRAM ...... 271,000 271,000 014 MINE-RESISTANT AMBUSH-PROTECTED (MRAP) MODS ...... 927,400 927,400 COMM—INTELLIGENCE COMM 052 RESERVE CA/MISO GPF EQUIPMENT ...... 8,000 8,000 COMM—BASE COMMUNICATIONS 061 INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM( ...... 25,000 65,000 Transfer from OMA OCO at SOUTHCOM request ...... [40,000] ELECT EQUIP—TACT INT REL ACT (TIARA) 069 DCGS–A (MIP)...... 90,355 90,355 073 CI HUMINT AUTO REPRINTING AND COLLECTION ...... 6,516 6,516 ELECT EQUIP—ELECTRONIC WARFARE (EW) 075 LIGHTWEIGHT COUNTER MORTAR RADAR ...... 27,646 27,646 077 FMLY OF PERSISTENT SURVEILLANCE CAPABILITIES ...... 52,000 52,000 078 COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES...... 205,209 205,209 ELECT EQUIP—TACTICAL SURV. (TAC SURV) 092 MOD OF IN-SVC EQUIP (FIREFINDER RADARS) ...... 14,600 14,600 099 COUNTERFIRE RADARS...... 54,585 54,585 ELECT EQUIP—TACTICAL C2 SYSTEMS 102 FIRE SUPPORT C2 FAMILY ...... 22,430 22,430 103 BATTLE COMMAND SUSTAINMENT SUPPORT SYSTEM ...... 2,400 2,400 112 MANEUVER CONTROL SYSTEM (MCS) ...... 6,400 6,400 113 SINGLE ARMY LOGISTICS ENTERPRISE (SALE) ...... 5,160 5,160 CHEMICAL DEFENSIVE EQUIPMENT 126 FAMILY OF NON-LETHAL EQUIPMENT (FNLE) ...... 15,000 15,000 127 BASE DEFENSE SYSTEMS (BDS) ...... 66,100 66,100 ENGINEER (NON-CONSTRUCTION) EQUIPMENT 135 EXPLOSIVE ORDNANCE DISPOSAL EQPMT (EOD EQPMT) ...... 3,565 3,565 COMBAT SERVICE SUPPORT EQUIPMENT 143 FORCE PROVIDER...... 39,700 39,700 145 CARGO AERIAL DEL & PERSONNEL PARACHUTE SYSTEM ...... 650 650 PETROLEUM EQUIPMENT 149 DISTRIBUTION SYSTEMS, PETROLEUM & WATER ...... 2,119 2,119 MAINTENANCE EQUIPMENT 152 MOBILE MAINTENANCE EQUIPMENT SYSTEMS ...... 428 428 153 ITEMS LESS THAN $5 MILLION (MAINT EQ) ...... 30 30 TRAINING EQUIPMENT 175 COMBAT TRAINING CENTERS SUPPORT ...... 7,000 7,000 176 TRAINING DEVICES, NONSYSTEM ...... 27,250 27,250 178 AVIATION COMBINED ARMS TACTICAL TRAINER ...... 1,000 1,000 179 GAMING TECHNOLOGY IN SUPPORT OF ARMY TRAINING ...... 5,900 5,900 OTHER SUPPORT EQUIPMENT 183 RAPID EQUIPPING SOLDIER SUPPORT EQUIPMENT ...... 98,167 91,167 Slow execution of prior years appropriations ...... [–37,000] Solar power units ...... [30,000] TOTAL, OTHER PROCUREMENT, ARMY ...... 2,015,907 2,048,907

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SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars) FY 2013 Senate Line Item Request Authorized

JOINT IMPR EXPLOSIVE DEV DEFEAT FUND NETWORK ATTACK 001 ATTACK THE NETWORK ...... 950,500 850,500 Program decrease—under execution ...... [–100,000] JIEDDO DEVICE DEFEAT 002 DEFEAT THE DEVICE ...... 400,000 350,000 Program decrease—under execution & program delays ...... [–50,000] FORCE TRAINING 003 TRAIN THE FORCE ...... 149,500 128,500 Program decrease—under execution & program delays ...... [–21,000] STAFF AND INFRASTRUCTURE 004 OPERATIONS ...... 175,400 373,814 Transfer from Base ...... [227,414] Program decrease—excessive contractor service support ...... [–29,000] TOTAL, JOINT IMPR EXPLOSIVE DEV DEFEAT FUND ...... 1,675,400 1,702,814

AIRCRAFT PROCUREMENT, NAVY COMBAT AIRCRAFT 011 H–1 UPGRADES (UH–1Y/AH–1Z) ...... 29,800 29,800 MODIFICATION OF AIRCRAFT 030 AV–8 SERIES...... 42,238 42,238 032 F–18 SERIES...... 41,243 41,243 035 H–53 SERIES...... 15,870 15,870 038 EP–3 SERIES...... 13,030 13,030 043 C–130 SERIES...... 16,737 16,737 048 SPECIAL PROJECT AIRCRAFT ...... 2,714 2,714 054 COMMON AVIONICS CHANGES ...... 570 570 AIRCRAFT SUPPORT EQUIP & FACILITIES 062 COMMON GROUND EQUIPMENT ...... 2,380 2,380 TOTAL, AIRCRAFT PROCUREMENT, NAVY ...... 164,582 164,582

WEAPONS PROCUREMENT, NAVY TACTICAL MISSILES 009 HELLFIRE ...... 17,000 17,000 010 STAND OFF PRECISION GUIDED MUNITIONS (SOPGM) ...... 6,500 6,500 TOTAL, WEAPONS PROCUREMENT, NAVY ...... 23,500 23,500

PROCUREMENT OF AMMO, NAVY & MC NAVY AMMUNITION 001 GENERAL PURPOSE BOMBS ...... 18,000 18,000 002 AIRBORNE ROCKETS, ALL TYPES ...... 80,200 80,200 003 MACHINE GUN AMMUNITION ...... 21,500 21,500 006 AIR EXPENDABLE COUNTERMEASURES ...... 20,303 20,303 011 OTHER SHIP GUN AMMUNITION ...... 532 532 012 SMALL ARMS & LANDING PARTY AMMO ...... 2,643 2,643 013 PYROTECHNIC AND DEMOLITION ...... 2,322 2,322 014 AMMUNITION LESS THAN $5 MILLION ...... 6,308 6,308 MARINE CORPS AMMUNITION 015 SMALL ARMS AMMUNITION ...... 10,948 10,948 016 LINEAR CHARGES, ALL TYPES ...... 9,940 9,940 017 40MM, ALL TYPES ...... 5,963 5,963 020 120MM, ALL TYPES ...... 11,605 11,605 021 CTG 25MM, ALL TYPES ...... 2,831 2,831 022 GRENADES, ALL TYPES ...... 2,359 2,359 023 ROCKETS, ALL TYPES ...... 3,051 3,051 024 ARTILLERY, ALL TYPES ...... 54,886 54,886 025 DEMOLITION MUNITIONS, ALL TYPES ...... 1,391 1,391 026 FUZE, ALL TYPES ...... 30,945 30,945 027 NON LETHALS...... 8 8 029 ITEMS LESS THAN $5 MILLION ...... 12 12 TOTAL, PROCUREMENT OF AMMO, NAVY & MC ...... 285,747 285,747

OTHER PROCUREMENT, NAVY OTHER SHORE ELECTRONIC EQUIPMENT 070 TACTICAL/MOBILE C4I SYSTEMS ...... 3,603 3,603 AIRCRAFT SUPPORT EQUIPMENT 097 EXPEDITIONARY AIRFIELDS...... 58,200 58,200 CIVIL ENGINEERING SUPPORT EQUIPMENT 127 PASSENGER CARRYING VEHICLES ...... 3,901 3,901 128 GENERAL PURPOSE TRUCKS ...... 852 852 129 CONSTRUCTION & MAINTENANCE EQUIP ...... 2,436 2,436 130 FIRE FIGHTING EQUIPMENT ...... 3,798 3,798 131 TACTICAL VEHICLES...... 13,394 13,394 134 ITEMS UNDER $5 MILLION ...... 375 375 COMMAND SUPPORT EQUIPMENT 149 C4ISR EQUIPMENT...... 3,000 3,000 151 PHYSICAL SECURITY EQUIPMENT ...... 9,323 9,323 TOTAL, OTHER PROCUREMENT, NAVY ...... 98,882 98,882

PROCUREMENT, MARINE CORPS TRACKED COMBAT VEHICLES 002 LAV PIP...... 10,000 10,000 ARTILLERY AND OTHER WEAPONS

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SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars) FY 2013 Senate Line Item Request Authorized

005 HIGH MOBILITY ARTILLERY ROCKET SYSTEM ...... 108,860 108,860 GUIDED MISSILES 010 JAVELIN ...... 29,158 29,158 OTHER SUPPORT 013 MODIFICATION KITS...... 41,602 41,602 REPAIR AND TEST EQUIPMENT 015 REPAIR AND TEST EQUIPMENT ...... 13,632 13,632 OTHER SUPPORT (TEL) 017 MODIFICATION KITS...... 2,831 2,831 COMMAND AND CONTROL SYSTEM (NON-TEL) 019 AIR OPERATIONS C2 SYSTEMS ...... 15,575 15,575 RADAR + EQUIPMENT (NON-TEL) 020 RADAR SYSTEMS...... 8,015 8,015 INTELL/COMM EQUIPMENT (NON-TEL) 023 INTELLIGENCE SUPPORT EQUIPMENT ...... 35,310 35,310 OTHER COMM/ELEC EQUIPMENT (NON-TEL) 029 NIGHT VISION EQUIPMENT ...... 652 652 OTHER SUPPORT (NON-TEL) 030 COMMON COMPUTER RESOURCES ...... 19,807 19,807 032 RADIO SYSTEMS...... 36,482 36,482 033 COMM SWITCHING & CONTROL SYSTEMS ...... 41,295 41,295 TACTICAL VEHICLES 039 MEDIUM TACTICAL VEHICLE REPLACEMENT ...... 10,466 10,466 041 FAMILY OF TACTICAL TRAILERS ...... 7,642 7,642 ENGINEER AND OTHER EQUIPMENT 045 BULK LIQUID EQUIPMENT ...... 18,239 18,239 046 TACTICAL FUEL SYSTEMS ...... 51,359 51,359 047 POWER EQUIPMENT ASSORTED ...... 20,247 20,247 049 EOD SYSTEMS...... 362,658 362,658 MATERIALS HANDLING EQUIPMENT 050 PHYSICAL SECURITY EQUIPMENT ...... 55,500 55,500 052 MATERIAL HANDLING EQUIP ...... 19,100 19,100 GENERAL PROPERTY 054 FIELD MEDICAL EQUIPMENT ...... 15,751 15,751 055 TRAINING DEVICES...... 3,602 3,602 057 FAMILY OF CONSTRUCTION EQUIPMENT ...... 15,900 15,900 TOTAL, PROCUREMENT, MARINE CORPS ...... 943,683 943,683

AIRCRAFT PROCUREMENT, AIR FORCE STRATEGIC AIRCRAFT 035 LARGE AIRCRAFT INFRARED COUNTERMEASURES ...... 139,800 139,800 OTHER AIRCRAFT 055 U–2 MODS...... 46,800 46,800 063 C–130 ...... 11,400 11,400 067 COMPASS CALL MODS ...... 14,000 14,000 068 RC–135 ...... 8,000 8,000 075 HC/MC–130 MODIFICATIONS...... 4,700 4,700 AIRCRAFT SPARES AND REPAIR PARTS 081 INITIAL SPARES/REPAIR PARTS ...... 21,900 21,900 OTHER PRODUCTION CHARGES 099 OTHER PRODUCTION CHARGES ...... 59,000 59,000 TOTAL, AIRCRAFT PROCUREMENT, AIR FORCE ...... 305,600 305,600

MISSILE PROCUREMENT, AIR FORCE TACTICAL 005 PREDATOR HELLFIRE MISSILE ...... 34,350 34,350 TOTAL, MISSILE PROCUREMENT, AIR FORCE ...... 34,350 34,350

PROCUREMENT OF AMMUNITION, AIR FORCE CARTRIDGES 002 CARTRIDGES ...... 13,592 13,592 BOMBS 004 GENERAL PURPOSE BOMBS ...... 23,211 23,211 005 JOINT DIRECT ATTACK MUNITION ...... 53,923 53,923 FLARE, IR MJU–7B 006 CAD/PAD ...... 2,638 2,638 010 ITEMS LESS THAN $5 MILLION ...... 2,600 2,600 FUZES 011 FLARES ...... 11,726 11,726 012 FUZES ...... 8,513 8,513 TOTAL, PROCUREMENT OF AMMUNITION, AIR FORCE ...... 116,203 116,203

OTHER PROCUREMENT, AIR FORCE CARGO AND UTILITY VEHICLES 002 MEDIUM TACTICAL VEHICLE ...... 2,010 2,010 004 ITEMS LESS THAN $5 MILLION ...... 2,675 2,675 SPECIAL PURPOSE VEHICLES 006 ITEMS LESS THAN $5 MILLION ...... 2,557 2,557 MATERIALS HANDLING EQUIPMENT 008 ITEMS LESS THAN $5 MILLION ...... 4,329 4,329 BASE MAINTENANCE SUPPORT 009 RUNWAY SNOW REMOV AND CLEANING EQU ...... 984 984 010 ITEMS LESS THAN $5 MILLION ...... 9,120 9,120

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SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars) FY 2013 Senate Line Item Request Authorized

ELECTRONICS PROGRAMS 022 WEATHER OBSERVATION FORECAST ...... 5,600 5,600 SPCL COMM-ELECTRONICS PROJECTS 027 GENERAL INFORMATION TECHNOLOGY ...... 11,157 11,157 ORGANIZATION AND BASE 049 TACTICAL C–E EQUIPMENT ...... 7,000 7,000 053 BASE COMM INFRASTRUCTURE ...... 10,654 10,654 MODIFICATIONS 054 COMM ELECT MODS ...... 8,000 8,000 PERSONAL SAFETY & RESCUE EQUIP 055 NIGHT VISION GOGGLES ...... 902 902 BASE SUPPORT EQUIPMENT 059 CONTINGENCY OPERATIONS...... 60,090 60,090 062 MOBILITY EQUIPMENT...... 9,400 9,400 063 ITEMS LESS THAN $5 MILLION ...... 9,175 9,175 CLASSIFIED PROGRAMS 069A CLASSIFIED PROGRAMS...... 2,672,317 2,672,317 SPARES AND REPAIR PARTS 071 SPARES AND REPAIR PARTS ...... 2,300 2,300 TOTAL, OTHER PROCUREMENT, AIR FORCE ...... 2,818,270 2,818,270

PROCUREMENT, DEFENSE-WIDE MAJOR EQUIPMENT, DISA 015 TELEPORT PROGRAM...... 5,260 5,260 CLASSIFIED PROGRAMS 045A CLASSIFIED PROGRAMS...... 126,201 126,201 AVIATION PROGRAMS 061 MQ–8 UAV...... 16,500 16,500 OTHER PROCUREMENT PROGRAMS 068 COMMUNICATIONS EQUIPMENT AND ELECTRONICS ...... 151 151 069 INTELLIGENCE SYSTEMS...... 30,528 30,528 077 TACTICAL VEHICLES...... 1,843 1,843 082 AUTOMATION SYSTEMS...... 1,000 1,000 086 VISUAL AUGMENTATION LASERS AND SENSOR SYSTEMS ...... 108 108 091 OPERATIONAL ENHANCEMENTS...... 14,758 14,758 TOTAL, PROCUREMENT, DEFENSE-WIDE ...... 196,349 196,349

JOINT URGENT OPERATIONAL NEEDS FUND 001 JOINT URGENT OPERATIONAL NEEDS FUND ...... 100,000 100,000 TOTAL, JOINT URGENT OPERATIONAL NEEDS FUND ...... 100,000 100,000

TOTAL, PROCUREMENT ...... 9,687,241 9,676,655

TITLE XLII—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars) Program FY 2013 Senate Line Element Item Request Authorized

RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY BASIC RESEARCH 001 0601101A IN-HOUSE LABORATORY INDEPENDENT RESEARCH ...... 20,860 20,860 002 0601102A DEFENSE RESEARCH SCIENCES ...... 219,180 219,180 003 0601103A UNIVERSITY RESEARCH INITIATIVES ...... 80,986 80,986 004 0601104A UNIVERSITY AND INDUSTRY RESEARCH CENTERS ...... 123,045 123,045 SUBTOTAL, BASIC RESEARCH ...... 444,071 444,071

APPLIED RESEARCH 005 0602105A MATERIALS TECHNOLOGY...... 29,041 29,041 006 0602120A SENSORS AND ELECTRONIC SURVIVABILITY ...... 45,260 45,260 007 0602122A TRACTOR HIP...... 22,439 22,439 008 0602211A AVIATION TECHNOLOGY...... 51,607 51,607 009 0602270A ELECTRONIC WARFARE TECHNOLOGY ...... 15,068 15,068 010 0602303A MISSILE TECHNOLOGY...... 49,383 49,383 011 0602307A ADVANCED WEAPONS TECHNOLOGY ...... 25,999 25,999 012 0602308A ADVANCED CONCEPTS AND SIMULATION ...... 23,507 23,507 013 0602601A COMBAT VEHICLE AND AUTOMOTIVE TECHNOLOGY ...... 69,062 69,062 014 0602618A BALLISTICS TECHNOLOGY...... 60,823 60,823 015 0602622A CHEMICAL, SMOKE AND EQUIPMENT DEFEATING TECHNOLOGY ...... 4,465 4,465 016 0602623A JOINT SERVICE SMALL ARMS PROGRAM ...... 7,169 7,169 017 0602624A WEAPONS AND MUNITIONS TECHNOLOGY ...... 35,218 35,218 018 0602705A ELECTRONICS AND ELECTRONIC DEVICES ...... 60,300 60,300 019 0602709A NIGHT VISION TECHNOLOGY ...... 53,244 53,244 020 0602712A COUNTERMINE SYSTEMS...... 18,850 18,850 021 0602716A HUMAN FACTORS ENGINEERING TECHNOLOGY ...... 19,872 19,872 022 0602720A ENVIRONMENTAL QUALITY TECHNOLOGY ...... 20,095 20,095 023 0602782A COMMAND, CONTROL, COMMUNICATIONS TECHNOLOGY ...... 28,852 28,852 024 0602783A COMPUTER AND SOFTWARE TECHNOLOGY ...... 9,830 9,830 025 0602784A MILITARY ENGINEERING TECHNOLOGY ...... 70,693 70,693 026 0602785A MANPOWER/PERSONNEL/TRAINING TECHNOLOGY...... 17,781 17,781 027 0602786A WARFIGHTER TECHNOLOGY...... 28,281 28,281

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SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars) Program FY 2013 Senate Line Element Item Request Authorized

028 0602787A MEDICAL TECHNOLOGY...... 107,891 107,891 SUBTOTAL, APPLIED RESEARCH ...... 874,730 874,730

ADVANCED TECHNOLOGY DEVELOPMENT 029 0603001A WARFIGHTER ADVANCED TECHNOLOGY ...... 39,359 39,359 030 0603002A MEDICAL ADVANCED TECHNOLOGY ...... 69,580 69,580 031 0603003A AVIATION ADVANCED TECHNOLOGY ...... 64,215 64,215 032 0603004A WEAPONS AND MUNITIONS ADVANCED TECHNOLOGY ...... 67,613 67,613 033 0603005A COMBAT VEHICLE AND AUTOMOTIVE ADVANCED TECHNOLOGY ...... 104,359 104,359 034 0603006A COMMAND, CONTROL, COMMUNICATIONS ADVANCED TECHNOLOGY ...... 4,157 4,157 035 0603007A MANPOWER, PERSONNEL AND TRAINING ADVANCED TECHNOLOGY ...... 9,856 9,856 036 0603008A ELECTRONIC WARFARE ADVANCED TECHNOLOGY ...... 50,661 50,661 037 0603009A TRACTOR HIKE...... 9,126 9,126 038 0603015A NEXT GENERATION TRAINING & SIMULATION SYSTEMS ...... 17,257 17,257 039 0603020A TRACTOR ROSE...... 9,925 9,925 040 0603105A MILITARY HIV RESEARCH ...... 6,984 6,984 041 0603125A COMBATING TERRORISM—TECHNOLOGY DEVELOPMENT ...... 9,716 9,716 042 0603130A TRACTOR NAIL...... 3,487 3,487 043 0603131A TRACTOR EGGS...... 2,323 2,323 044 0603270A ELECTRONIC WARFARE TECHNOLOGY ...... 21,683 21,683 045 0603313A MISSILE AND ROCKET ADVANCED TECHNOLOGY ...... 71,111 71,111 046 0603322A TRACTOR CAGE...... 10,902 10,902 047 0603461A HIGH PERFORMANCE COMPUTING MODERNIZATION PROGRAM ...... 180,582 180,582 048 0603606A LANDMINE WARFARE AND BARRIER ADVANCED TECHNOLOGY ...... 27,204 27,204 049 0603607A JOINT SERVICE SMALL ARMS PROGRAM ...... 6,095 6,095 050 0603710A NIGHT VISION ADVANCED TECHNOLOGY ...... 37,217 37,217 051 0603728A ENVIRONMENTAL QUALITY TECHNOLOGY DEMONSTRATIONS ...... 13,626 13,626 052 0603734A MILITARY ENGINEERING ADVANCED TECHNOLOGY ...... 28,458 28,458 053 0603772A ADVANCED TACTICAL COMPUTER SCIENCE AND SENSOR TECHNOLOGY ...... 25,226 25,226 SUBTOTAL, ADVANCED TECHNOLOGY DEVELOPMENT ...... 890,722 890,722

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 054 0603305A ARMY MISSILE DEFENSE SYSTEMS INTEGRATION ...... 14,505 14,505 055 0603308A ARMY SPACE SYSTEMS INTEGRATION ...... 9,876 9,876 056 0603619A LANDMINE WARFARE AND BARRIER—ADV DEV ...... 5,054 5,054 057 0603627A SMOKE, OBSCURANT AND TARGET DEFEATING SYS—ADV DEV ...... 2,725 2,725 058 0603639A TANK AND MEDIUM CALIBER AMMUNITION ...... 30,560 30,560 059 0603653A ADVANCED TANK ARMAMENT SYSTEM (ATAS) ...... 14,347 14,347 060 0603747A SOLDIER SUPPORT AND SURVIVABILITY ...... 10,073 10,073 061 0603766A TACTICAL ELECTRONIC SURVEILLANCE SYSTEM—ADV DEV ...... 8,660 8,660 062 0603774A NIGHT VISION SYSTEMS ADVANCED DEVELOPMENT ...... 10,715 10,715 063 0603779A ENVIRONMENTAL QUALITY TECHNOLOGY—DEM/VAL ...... 4,631 4,631 064 0603782A WARFIGHTER INFORMATION NETWORK-TACTICAL—DEM/VAL ...... 278,018 278,018 065 0603790A NATO RESEARCH AND DEVELOPMENT ...... 4,961 4,961 066 0603801A AVIATION—ADV DEV...... 8,602 8,602 067 0603804A LOGISTICS AND ENGINEER EQUIPMENT—ADV DEV ...... 14,605 14,605 068 0603805A COMBAT SERVICE SUPPORT CONTROL SYSTEM EVALUATION AND ANALYSIS ...... 5,054 5,054 069 0603807A MEDICAL SYSTEMS—ADV DEV ...... 24,384 24,384 070 0603827A SOLDIER SYSTEMS—ADVANCED DEVELOPMENT ...... 32,050 32,050 071 0603850A INTEGRATED BROADCAST SERVICE ...... 96 96 072 0604115A TECHNOLOGY MATURATION INITIATIVES ...... 24,868 24,868 073 0604131A TRACTOR JUTE...... 59 59 074 0604284A JOINT COOPERATIVE TARGET IDENTIFICATION—GROUND (JCTI-G)/TECHNOLOGY DEV ...... 0 0 075 0604319A INDIRECT FIRE PROTECTION CAPABILITY INCREMENT 2–INTERCEPT (IFPC2) ...... 76,039 76,039 076 0604775A DEFENSE RAPID INNOVATION PROGRAM ...... 0 0 077 0604785A INTEGRATED BASE DEFENSE (BUDGET ACTIVITY 4) ...... 4,043 4,043 078 0305205A ENDURANCE UAVS...... 26,196 26,196 SUBTOTAL, ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES ...... 610,121 610,121

SYSTEM DEVELOPMENT & DEMONSTRATION 079 0604201A AIRCRAFT AVIONICS...... 78,538 78,538 080 0604220A ARMED, DEPLOYABLE HELOS ...... 90,494 90,494 081 0604270A ELECTRONIC WARFARE DEVELOPMENT ...... 181,347 181,347 082 0604280A JOINT TACTICAL RADIO ...... 0 0 083 0604290A MID-TIER NETWORKING VEHICULAR RADIO (MNVR) ...... 12,636 12,636 084 0604321A ALL SOURCE ANALYSIS SYSTEM ...... 5,694 5,694 085 0604328A TRACTOR CAGE...... 32,095 32,095 086 0604601A INFANTRY SUPPORT WEAPONS ...... 96,478 96,478 087 0604604A MEDIUM TACTICAL VEHICLES ...... 3,006 3,006 088 0604609A SMOKE, OBSCURANT AND TARGET DEFEATING SYS—ENG DEV ...... 0 0 089 0604611A JAVELIN ...... 5,040 5,040 090 0604622A FAMILY OF HEAVY TACTICAL VEHICLES ...... 3,077 3,077 091 0604633A AIR TRAFFIC CONTROL ...... 9,769 9,769 092 0604641A TACTICAL UNMANNED GROUND VEHICLE (TUGV) ...... 13,141 25,141 Transfer from OPA line 191 at Army request ...... [12,000] 093 0604642A LIGHT TACTICAL WHEELED VEHICLES ...... 0 0 094 0604661A FCS SYSTEMS OF SYSTEMS ENGR & PROGRAM MGMT ...... 0 0 095 0604662A FCS RECONNAISSANCE (UAV) PLATFORMS ...... 0 0 096 0604663A FCS UNMANNED GROUND VEHICLES ...... 0 0 097 0604664A FCS UNATTENDED GROUND SENSORS ...... 0 0 098 0604665A FCS SUSTAINMENT & TRAINING R&D ...... 0 0 099 0604710A NIGHT VISION SYSTEMS—ENG DEV ...... 32,621 32,621 100 0604713A COMBAT FEEDING, CLOTHING, AND EQUIPMENT ...... 2,132 2,132

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SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars) Program FY 2013 Senate Line Element Item Request Authorized

101 0604715A NON-SYSTEM TRAINING DEVICES—ENG DEV ...... 44,787 44,787 102 0604716A TERRAIN INFORMATION—ENG DEV ...... 1,008 1,008 103 0604741A AIR DEFENSE COMMAND, CONTROL AND INTELLIGENCE—ENG DEV ...... 73,333 73,333 104 0604742A CONSTRUCTIVE SIMULATION SYSTEMS DEVELOPMENT ...... 28,937 28,937 105 0604746A AUTOMATIC TEST EQUIPMENT DEVELOPMENT ...... 10,815 10,815 106 0604760A DISTRIBUTIVE INTERACTIVE SIMULATIONS (DIS)—ENG DEV ...... 13,926 13,926 107 0604780A COMBINED ARMS TACTICAL TRAINER (CATT) CORE ...... 17,797 17,797 108 0604798A BRIGADE ANALYSIS, INTEGRATION AND EVALUATION ...... 214,270 214,270 109 0604802A WEAPONS AND MUNITIONS—ENG DEV ...... 14,581 14,581 110 0604804A LOGISTICS AND ENGINEER EQUIPMENT—ENG DEV ...... 43,706 43,706 111 0604805A COMMAND, CONTROL, COMMUNICATIONS SYSTEMS—ENG DEV ...... 20,776 20,776 112 0604807A MEDICAL MATERIEL/MEDICAL BIOLOGICAL DEFENSE EQUIPMENT—ENG DEV ...... 43,395 43,395 113 0604808A LANDMINE WARFARE/BARRIER—ENG DEV ...... 104,983 104,983 114 0604814A ARTILLERY MUNITIONS—EMD...... 4,346 4,346 115 0604817A COMBAT IDENTIFICATION...... 0 0 116 0604818A ARMY TACTICAL COMMAND & CONTROL HARDWARE & SOFTWARE ...... 77,223 77,223 117 0604820A RADAR DEVELOPMENT...... 3,486 3,486 118 0604822A GENERAL FUND ENTERPRISE BUSINESS SYSTEM (GFEBS) ...... 9,963 27,163 GFEBS realignment per Army request ...... [17,200] 119 0604823A FIREFINDER ...... 20,517 20,517 120 0604827A SOLDIER SYSTEMS—WARRIOR DEM/VAL ...... 51,851 51,851 121 0604854A ARTILLERY SYSTEMS—EMD...... 167,797 167,797 122 0604869A PATRIOT/MEADS COMBINED AGGREGATE PROGRAM (CAP) ...... 400,861 0 No funds authorized ...... [–400,861] 123 0604870A NUCLEAR ARMS CONTROL MONITORING SENSOR NETWORK ...... 7,922 7,922 124 0605013A INFORMATION TECHNOLOGY DEVELOPMENT ...... 51,463 51,463 125 0605018A INTEGRATED PERSONNEL AND PAY SYSTEM-ARMY (IPPS-A) ...... 158,646 158,646 126 0605450A JOINT AIR-TO-GROUND MISSILE (JAGM) ...... 10,000 10,000 127 0605455A SLAMRAAM ...... 0 0 128 0605456A PAC–3/MSE MISSILE...... 69,029 69,029 129 0605457A ARMY INTEGRATED AIR AND MISSILE DEFENSE (AIAMD) ...... 277,374 277,374 130 0605625A MANNED GROUND VEHICLE ...... 639,874 639,874 131 0605626A AERIAL COMMON SENSOR ...... 47,426 47,426 132 0605812A JOINT LIGHT TACTICAL VEHICLE (JLTV) ENGINEERING AND MANUFACTURING DEVELOPMENT PH ...... 72,295 72,295 133 0303032A TROJAN—RH12 ...... 4,232 4,232 134 0304270A ELECTRONIC WARFARE DEVELOPMENT ...... 13,942 13,942 SUBTOTAL, SYSTEM DEVELOPMENT & DEMONSTRATION ...... 3,286,629 2,914,968

RDT&E MANAGEMENT SUPPORT 135 0604256A THREAT SIMULATOR DEVELOPMENT ...... 18,090 18,090 136 0604258A TARGET SYSTEMS DEVELOPMENT ...... 14,034 14,034 137 0604759A MAJOR T&E INVESTMENT ...... 37,394 37,394 138 0605103A RAND ARROYO CENTER ...... 21,026 21,026 139 0605301A ARMY KWAJALEIN ATOLL ...... 176,816 176,816 140 0605326A CONCEPTS EXPERIMENTATION PROGRAM ...... 27,902 27,902 141 0605502A SMALL BUSINESS INNOVATIVE RESEARCH ...... 0 0 142 0605601A ARMY TEST RANGES AND FACILITIES ...... 369,900 369,900 143 0605602A ARMY TECHNICAL TEST INSTRUMENTATION AND TARGETS ...... 69,183 69,183 144 0605604A SURVIVABILITY/LETHALITY ANALYSIS...... 44,753 44,753 145 0605605A DOD HIGH ENERGY LASER TEST FACILITY ...... 0 0 146 0605606A AIRCRAFT CERTIFICATION...... 5,762 5,762 147 0605702A METEOROLOGICAL SUPPORT TO RDT&E ACTIVITIES ...... 7,402 7,402 148 0605706A MATERIEL SYSTEMS ANALYSIS ...... 19,954 19,954 149 0605709A EXPLOITATION OF FOREIGN ITEMS ...... 5,535 5,535 150 0605712A SUPPORT OF OPERATIONAL TESTING ...... 67,789 67,789 151 0605716A ARMY EVALUATION CENTER ...... 62,765 62,765 152 0605718A ARMY MODELING & SIM X-CMD COLLABORATION & INTEG ...... 1,545 1,545 153 0605801A PROGRAMWIDE ACTIVITIES...... 83,422 83,422 154 0605803A TECHNICAL INFORMATION ACTIVITIES ...... 50,820 50,820 155 0605805A MUNITIONS STANDARDIZATION, EFFECTIVENESS AND SAFETY ...... 46,763 46,763 156 0605857A ENVIRONMENTAL QUALITY TECHNOLOGY MGMT SUPPORT ...... 4,601 4,601 157 0605898A MANAGEMENT HQ—R&D...... 18,524 18,524 158 0909999A FINANCING FOR CANCELLED ACCOUNT ADJUSTMENTS ...... 0 0 SUBTOTAL, RDT&E MANAGEMENT SUPPORT ...... 1,153,980 1,153,980

OPERATIONAL SYSTEMS DEVELOPMENT 159 0603778A MLRS PRODUCT IMPROVEMENT PROGRAM ...... 143,005 143,005 160 0607665A FAMILY OF BIOMETRICS ...... 0 0 161 0607865A PATRIOT PRODUCT IMPROVEMENT ...... 109,978 109,978 162 0102419A AEROSTAT JOINT PROJECT OFFICE ...... 190,422 190,422 163 0203347A INTELLIGENCE SUPPORT TO CYBER (ISC) MIP ...... 0 0 164 0203726A ADV FIELD ARTILLERY TACTICAL DATA SYSTEM ...... 32,556 32,556 165 0203735A COMBAT VEHICLE IMPROVEMENT PROGRAMS ...... 253,959 253,959 166 0203740A MANEUVER CONTROL SYSTEM ...... 68,325 68,325 167 0203744A AIRCRAFT MODIFICATIONS/PRODUCT IMPROVEMENT PROGRAMS ...... 280,247 226,247 Improved turbine engine program delay ...... [–54,000] 168 0203752A AIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM ...... 898 898 169 0203758A DIGITIZATION ...... 35,180 35,180 170 0203759A FORCE XXI BATTLE COMMAND, BRIGADE AND BELOW (FBCB2) ...... 0 0 171 0203801A MISSILE/AIR DEFENSE PRODUCT IMPROVEMENT PROGRAM ...... 20,733 20,733 172 0203808A TRACTOR CARD...... 63,243 63,243 173 0208053A JOINT TACTICAL GROUND SYSTEM ...... 31,738 31,738 174 0208058A JOINT HIGH SPEED VESSEL (JHSV) ...... 35 35

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SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars) Program FY 2013 Senate Line Element Item Request Authorized

176 0303028A SECURITY AND INTELLIGENCE ACTIVITIES ...... 7,591 7,591 177 0303140A INFORMATION SYSTEMS SECURITY PROGRAM ...... 15,961 15,961 178 0303141A GLOBAL COMBAT SUPPORT SYSTEM ...... 120,927 120,927 179 0303142A SATCOM GROUND ENVIRONMENT (SPACE) ...... 15,756 15,756 180 0303150A WWMCCS/GLOBAL COMMAND AND CONTROL SYSTEM ...... 14,443 14,443 182 0305204A TACTICAL UNMANNED AERIAL VEHICLES ...... 31,303 31,303 183 0305208A DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ...... 40,876 40,876 184 0305219A MQ–1 SKY WARRIOR A UAV ...... 74,618 74,618 185 0305232A RQ–11 UAV...... 4,039 4,039 186 0305233A RQ–7 UAV...... 31,158 31,158 187 0305235A VERTICAL UAS...... 2,387 2,387 188 0307665A BIOMETRICS ENABLED INTELLIGENCE ...... 15,248 15,248 189 0708045A END ITEM INDUSTRIAL PREPAREDNESS ACTIVITIES ...... 59,908 59,908 189A 9999999999 CLASSIFIED PROGRAMS...... 4,628 4,628 SUBTOTAL, OPERATIONAL SYSTEMS DEVELOPMENT ...... 1,669,162 1,615,162 TOTAL, RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY ...... 8,929,415 8,503,754

RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY BASIC RESEARCH 001 0601103N UNIVERSITY RESEARCH INITIATIVES ...... 113,690 113,690 002 0601152N IN-HOUSE LABORATORY INDEPENDENT RESEARCH ...... 18,261 18,261 003 0601153N DEFENSE RESEARCH SCIENCES ...... 473,070 473,070 SUBTOTAL, BASIC RESEARCH ...... 605,021 605,021

APPLIED RESEARCH 004 0602114N POWER PROJECTION APPLIED RESEARCH ...... 89,189 89,189 005 0602123N FORCE PROTECTION APPLIED RESEARCH ...... 143,301 143,301 006 0602131M MARINE CORPS LANDING FORCE TECHNOLOGY ...... 46,528 46,528 007 0602235N COMMON PICTURE APPLIED RESEARCH ...... 41,696 41,696 008 0602236N WARFIGHTER SUSTAINMENT APPLIED RESEARCH ...... 44,127 44,127 009 0602271N ELECTROMAGNETIC SYSTEMS APPLIED RESEARCH ...... 78,228 78,228 010 0602435N OCEAN WARFIGHTING ENVIRONMENT APPLIED RESEARCH ...... 49,635 49,635 011 0602651M JOINT NON-LETHAL WEAPONS APPLIED RESEARCH ...... 5,973 5,973 012 0602747N UNDERSEA WARFARE APPLIED RESEARCH ...... 96,814 96,814 013 0602750N FUTURE NAVAL CAPABILITIES APPLIED RESEARCH ...... 162,417 162,417 014 0602782N MINE AND EXPEDITIONARY WARFARE APPLIED RESEARCH ...... 32,394 32,394 SUBTOTAL, APPLIED RESEARCH ...... 790,302 790,302

ADVANCED TECHNOLOGY DEVELOPMENT 015 0603114N POWER PROJECTION ADVANCED TECHNOLOGY ...... 56,543 56,543 016 0603123N FORCE PROTECTION ADVANCED TECHNOLOGY ...... 18,616 18,616 017 0603235N COMMON PICTURE ADVANCED TECHNOLOGY ...... 0 0 018 0603236N WARFIGHTER SUSTAINMENT ADVANCED TECHNOLOGY ...... 0 0 019 0603271N ELECTROMAGNETIC SYSTEMS ADVANCED TECHNOLOGY ...... 54,858 54,858 020 0603640M USMC ADVANCED TECHNOLOGY DEMONSTRATION (ATD) ...... 130,598 130,598 021 0603651M JOINT NON-LETHAL WEAPONS TECHNOLOGY DEVELOPMENT ...... 11,706 11,706 022 0603673N FUTURE NAVAL CAPABILITIES ADVANCED TECHNOLOGY DEVELOPMENT ...... 256,382 256,382 023 0603729N WARFIGHTER PROTECTION ADVANCED TECHNOLOGY ...... 3,880 3,880 024 0603747N UNDERSEA WARFARE ADVANCED TECHNOLOGY ...... 0 0 025 0603758N NAVY WARFIGHTING EXPERIMENTS AND DEMONSTRATIONS ...... 51,819 51,819 026 0603782N MINE AND EXPEDITIONARY WARFARE ADVANCED TECHNOLOGY ...... 0 0 SUBTOTAL, ADVANCED TECHNOLOGY DEVELOPMENT ...... 584,402 584,402

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 027 0603128N UNMANNED AERIAL SYSTEM ...... 0 0 028 0603207N AIR/OCEAN TACTICAL APPLICATIONS ...... 34,085 34,085 029 0603216N AVIATION SURVIVABILITY...... 8,783 8,783 030 0603237N DEPLOYABLE JOINT COMMAND AND CONTROL ...... 3,773 3,773 031 0603251N AIRCRAFT SYSTEMS...... 24,512 24,512 032 0603254N ASW SYSTEMS DEVELOPMENT ...... 8,090 8,090 033 0603261N TACTICAL AIRBORNE RECONNAISSANCE ...... 5,301 5,301 034 0603382N ADVANCED COMBAT SYSTEMS TECHNOLOGY ...... 1,506 1,506 035 0603502N SURFACE AND SHALLOW WATER MINE COUNTERMEASURES ...... 190,622 190,622 036 0603506N SURFACE SHIP TORPEDO DEFENSE ...... 93,346 93,346 037 0603512N CARRIER SYSTEMS DEVELOPMENT ...... 108,871 108,871 038 0603513N SHIPBOARD SYSTEM COMPONENT DEVELOPMENT ...... 0 0 039 0603525N PILOT FISH...... 101,169 101,169 040 0603527N RETRACT LARCH...... 74,312 74,312 041 0603536N RETRACT JUNIPER...... 90,730 90,730 042 0603542N RADIOLOGICAL CONTROL...... 777 777 043 0603553N SURFACE ASW...... 6,704 6,704 044 0603561N ADVANCED SUBMARINE SYSTEM DEVELOPMENT ...... 555,123 555,123 045 0603562N SUBMARINE TACTICAL WARFARE SYSTEMS ...... 9,368 9,368 046 0603563N SHIP CONCEPT ADVANCED DESIGN ...... 24,609 24,609 047 0603564N SHIP PRELIMINARY DESIGN & FEASIBILITY STUDIES ...... 13,710 13,710 048 0603570N ADVANCED NUCLEAR POWER SYSTEMS ...... 249,748 249,748 049 0603573N ADVANCED SURFACE MACHINERY SYSTEMS ...... 29,897 29,897 050 0603576N CHALK EAGLE...... 509,988 509,988 051 0603581N LITTORAL COMBAT SHIP (LCS) ...... 429,420 429,420 052 0603582N COMBAT SYSTEM INTEGRATION ...... 56,551 56,551 053 0603609N CONVENTIONAL MUNITIONS...... 7,342 7,342 054 0603611M MARINE CORPS ASSAULT VEHICLES ...... 95,182 95,182 055 0603635M MARINE CORPS GROUND COMBAT/SUPPORT SYSTEM ...... 10,496 10,496

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SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars) Program FY 2013 Senate Line Element Item Request Authorized

056 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT ...... 52,331 52,331 057 0603658N COOPERATIVE ENGAGEMENT...... 56,512 56,512 058 0603713N OCEAN ENGINEERING TECHNOLOGY DEVELOPMENT ...... 7,029 7,029 059 0603721N ENVIRONMENTAL PROTECTION...... 21,080 21,080 060 0603724N NAVY ENERGY PROGRAM ...... 55,324 55,324 061 0603725N FACILITIES IMPROVEMENT...... 3,401 3,401 062 0603734N CHALK CORAL...... 45,966 45,966 063 0603739N NAVY LOGISTIC PRODUCTIVITY ...... 3,811 3,811 064 0603746N RETRACT MAPLE...... 341,305 341,305 065 0603748N LINK PLUMERIA...... 181,220 181,220 066 0603751N RETRACT ELM...... 174,014 174,014 067 0603755N SHIP SELF DEFENSE—DEM/VAL ...... 0 0 068 0603764N LINK EVERGREEN...... 68,654 68,654 069 0603787N SPECIAL PROCESSES...... 44,487 44,487 070 0603790N NATO RESEARCH AND DEVELOPMENT ...... 9,389 9,389 071 0603795N LAND ATTACK TECHNOLOGY ...... 16,132 16,132 072 0603851M JOINT NON-LETHAL WEAPONS TESTING ...... 44,994 44,994 073 0603860N JOINT PRECISION APPROACH AND LANDING SYSTEMS—DEM/VAL ...... 137,369 137,369 074 0603889N COUNTERDRUG RDT&E PROJECTS ...... 0 0 075 0603925N DIRECTED ENERGY AND ELECTRIC WEAPON SYSTEMS ...... 0 0 076 0604272N TACTICAL AIR DIRECTIONAL INFRARED COUNTERMEASURES (TADIRCM) ...... 73,934 73,934 077 0604279N ASE SELF-PROTECTION OPTIMIZATION ...... 711 711 078 0604653N JOINT COUNTER RADIO CONTROLLED IED ELECTRONIC WARFARE (JCREW) ...... 71,300 71,300 079 0604659N PRECISION STRIKE WEAPONS DEVELOPMENT PROGRAM ...... 5,654 5,654 080 0604707N SPACE AND ELECTRONIC WARFARE (SEW) ARCHITECTURE/ENGINEERING SUPPORT ...... 31,549 31,549 081 0604775N DEFENSE RAPID INNOVATION PROGRAM ...... 0 0 082 0604786N OFFENSIVE ANTI-SURFACE WARFARE WEAPON DEVELOPMENT ...... 86,801 86,801 083 0605812M JOINT LIGHT TACTICAL VEHICLE (JLTV) ENGINEERING AND MANUFACTURING DEVELOPMENT PH ...... 44,500 44,500 084 0303354N ASW SYSTEMS DEVELOPMENT—MIP ...... 13,172 13,172 085 0303562N SUBMARINE TACTICAL WARFARE SYSTEMS—MIP ...... 0 0 086 0304270N ELECTRONIC WARFARE DEVELOPMENT—MIP ...... 643 643 SUBTOTAL, ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES ...... 4,335,297 4,335,297

SYSTEM DEVELOPMENT & DEMONSTRATION 087 0604212N OTHER HELO DEVELOPMENT ...... 33,978 33,978 088 0604214N AV–8B AIRCRAFT—ENG DEV ...... 32,789 32,789 089 0604215N STANDARDS DEVELOPMENT...... 84,988 84,988 090 0604216N MULTI-MISSION HELICOPTER UPGRADE DEVELOPMENT ...... 6,866 6,866 091 0604218N AIR/OCEAN EQUIPMENT ENGINEERING ...... 4,060 4,060 092 0604221N P–3 MODERNIZATION PROGRAM ...... 3,451 3,451 093 0604230N WARFARE SUPPORT SYSTEM ...... 13,071 13,071 094 0604231N TACTICAL COMMAND SYSTEM ...... 71,645 71,645 095 0604234N ADVANCED HAWKEYE...... 119,065 119,065 096 0604245N H–1 UPGRADES...... 31,105 31,105 097 0604261N ACOUSTIC SEARCH SENSORS ...... 34,299 34,299 098 0604262N V–22A ...... 54,412 54,412 099 0604264N AIR CREW SYSTEMS DEVELOPMENT ...... 2,717 2,717 100 0604269N EA–18 ...... 13,009 13,009 101 0604270N ELECTRONIC WARFARE DEVELOPMENT ...... 51,304 51,304 102 0604273N VH–71A EXECUTIVE HELO DEVELOPMENT ...... 61,163 61,163 103 0604274N NEXT GENERATION JAMMER (NGJ) ...... 187,024 187,024 104 0604280N JOINT TACTICAL RADIO SYSTEM—NAVY (JTRS-NAVY) ...... 337,480 337,480 105 0604307N SURFACE COMBATANT COMBAT SYSTEM ENGINEERING ...... 260,616 260,616 106 0604311N LPD–17 CLASS SYSTEMS INTEGRATION ...... 824 824 107 0604329N SMALL DIAMETER BOMB (SDB) ...... 31,064 31,064 108 0604366N STANDARD MISSILE IMPROVEMENTS ...... 63,891 63,891 109 0604373N AIRBORNE MCM...... 73,246 73,246 110 0604376M MARINE AIR GROUND TASK FORCE (MAGTF) ELECTRONIC WARFARE (EW) FOR AVIATION ...... 10,568 10,568 111 0604378N NAVAL INTEGRATED FIRE CONTROL—COUNTER AIR SYSTEMS ENGINEERING ...... 39,974 39,974 112 0604404N UNMANNED CARRIER LAUNCHED AIRBORNE SURVEILLANCE AND STRIKE (UCLASS) SYSTEM ...... 122,481 122,481 113 0604501N ADVANCED ABOVE WATER SENSORS ...... 255,516 255,516 114 0604503N SSN–688 AND TRIDENT MODERNIZATION ...... 82,620 82,620 115 0604504N AIR CONTROL...... 5,633 5,633 116 0604512N SHIPBOARD AVIATION SYSTEMS ...... 55,826 55,826 117 0604518N COMBAT INFORMATION CENTER CONVERSION ...... 918 918 118 0604558N NEW DESIGN SSN ...... 165,230 165,230 119 0604562N SUBMARINE TACTICAL WARFARE SYSTEM ...... 49,141 49,141 120 0604567N SHIP CONTRACT DESIGN/ LIVE FIRE T&E ...... 196,737 196,737 121 0604574N NAVY TACTICAL COMPUTER RESOURCES ...... 3,889 3,889 122 0604601N MINE DEVELOPMENT...... 8,335 8,335 123 0604610N LIGHTWEIGHT TORPEDO DEVELOPMENT ...... 49,818 49,818 124 0604654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT ...... 10,099 10,099 125 0604703N PERSONNEL, TRAINING, SIMULATION, AND HUMAN FACTORS ...... 7,348 7,348 126 0604727N JOINT STANDOFF WEAPON SYSTEMS ...... 5,518 5,518 127 0604755N SHIP SELF DEFENSE (DETECT & CONTROL) ...... 87,662 87,662 128 0604756N SHIP SELF DEFENSE (ENGAGE: HARD KILL) ...... 64,079 64,079 129 0604757N SHIP SELF DEFENSE (ENGAGE: SOFT KILL/EW) ...... 151,489 151,489 130 0604761N INTELLIGENCE ENGINEERING...... 0 0 131 0604771N MEDICAL DEVELOPMENT...... 12,707 12,707 132 0604777N NAVIGATION/ID SYSTEM...... 47,764 47,764 133 0604800M JOINT STRIKE FIGHTER (JSF)—EMD ...... 737,149 737,149 134 0604800N JOINT STRIKE FIGHTER (JSF)—EMD ...... 743,926 743,926 135 0605013M INFORMATION TECHNOLOGY DEVELOPMENT ...... 12,143 12,143

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SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars) Program FY 2013 Senate Line Element Item Request Authorized

136 0605013N INFORMATION TECHNOLOGY DEVELOPMENT ...... 72,209 72,209 137 0605018N NAVY INTEGRATED MILITARY HUMAN RESOURCES SYSTEM (N-IMHRS) ...... 0 0 138 0605212N CH–53K RDTE...... 606,204 606,204 139 0605450N JOINT AIR-TO-GROUND MISSILE (JAGM) ...... 0 0 140 0605500N MULTI-MISSION MARITIME AIRCRAFT (MMA) ...... 421,102 421,102 141 0204202N DDG–1000 ...... 124,655 124,655 142 0304231N TACTICAL COMMAND SYSTEM—MIP ...... 1,170 1,170 143 0304503N SSN–688 AND TRIDENT MODERNIZATION—MIP ...... 0 0 144 0304785N TACTICAL CRYPTOLOGIC SYSTEMS ...... 23,255 23,255 145 0305124N SPECIAL APPLICATIONS PROGRAM ...... 0 0 SUBTOTAL, SYSTEM DEVELOPMENT & DEMONSTRATION ...... 5,747,232 5,747,232

RDT&E MANAGEMENT SUPPORT 146 0604256N THREAT SIMULATOR DEVELOPMENT ...... 30,790 30,790 147 0604258N TARGET SYSTEMS DEVELOPMENT ...... 59,221 59,221 148 0604759N MAJOR T&E INVESTMENT ...... 35,894 35,894 149 0605126N JOINT THEATER AIR AND MISSILE DEFENSE ORGANIZATION ...... 7,573 7,573 150 0605152N STUDIES AND ANALYSIS SUPPORT—NAVY ...... 20,963 20,963 151 0605154N CENTER FOR NAVAL ANALYSES ...... 46,856 46,856 152 0605502N SMALL BUSINESS INNOVATIVE RESEARCH ...... 0 0 153 0605804N TECHNICAL INFORMATION SERVICES ...... 796 796 154 0605853N MANAGEMENT, TECHNICAL & INTERNATIONAL SUPPORT ...... 32,782 32,782 155 0605856N STRATEGIC TECHNICAL SUPPORT ...... 3,306 3,306 156 0605861N RDT&E SCIENCE AND TECHNOLOGY MANAGEMENT ...... 70,302 70,302 157 0605863N RDT&E SHIP AND AIRCRAFT SUPPORT ...... 144,033 144,033 158 0605864N TEST AND EVALUATION SUPPORT ...... 342,298 342,298 159 0605865N OPERATIONAL TEST AND EVALUATION CAPABILITY ...... 16,399 16,399 160 0605866N NAVY SPACE AND ELECTRONIC WARFARE (SEW) SUPPORT ...... 4,579 4,579 161 0605867N SEW SURVEILLANCE/RECONNAISSANCE SUPPORT ...... 8,000 8,000 162 0605873M MARINE CORPS PROGRAM WIDE SUPPORT ...... 18,490 18,490 163 0305885N TACTICAL CRYPTOLOGIC ACTIVITIES ...... 2,795 2,795 164 0804758N SERVICE SUPPORT TO JFCOM, JNTC ...... 0 0 165 0909999N FINANCING FOR CANCELLED ACCOUNT ADJUSTMENTS ...... 0 0 SUBTOTAL, RDT&E MANAGEMENT SUPPORT ...... 845,077 845,077

OPERATIONAL SYSTEMS DEVELOPMENT 167 0604402N UNMANNED COMBAT AIR VEHICLE (UCAV) ADVANCED COMPONENT AND PROTOTYPE DEVELOPMENT ...... 142,282 142,282 168 0604717M MARINE CORPS COMBAT SERVICES SUPPORT ...... 0 0 169 0604766M MARINE CORPS DATA SYSTEMS ...... 0 0 170 0101221N STRATEGIC SUB & WEAPONS SYSTEM SUPPORT ...... 105,892 105,892 171 0101224N SSBN SECURITY TECHNOLOGY PROGRAM ...... 34,729 34,729 172 0101226N SUBMARINE ACOUSTIC WARFARE DEVELOPMENT ...... 1,434 1,434 173 0101402N NAVY STRATEGIC COMMUNICATIONS ...... 19,208 19,208 174 0203761N RAPID TECHNOLOGY TRANSITION (RTT) ...... 25,566 25,566 175 0204136N F/A–18 SQUADRONS...... 188,299 188,299 176 0204152N E–2 SQUADRONS...... 8,610 8,610 177 0204163N FLEET TELECOMMUNICATIONS (TACTICAL) ...... 15,695 15,695 178 0204228N SURFACE SUPPORT...... 4,171 4,171 179 0204229N TOMAHAWK AND TOMAHAWK MISSION PLANNING CENTER (TMPC) ...... 11,265 11,265 180 0204311N INTEGRATED SURVEILLANCE SYSTEM ...... 45,922 45,922 181 0204413N AMPHIBIOUS TACTICAL SUPPORT UNITS (DISPLACEMENT CRAFT) ...... 8,435 8,435 182 0204460M GROUND/AIR TASK ORIENTED RADAR (G/ATOR) ...... 75,088 75,088 183 0204571N CONSOLIDATED TRAINING SYSTEMS DEVELOPMENT ...... 20,229 20,229 184 0204574N CRYPTOLOGIC DIRECT SUPPORT ...... 1,756 1,756 185 0204575N ELECTRONIC WARFARE (EW) READINESS SUPPORT ...... 19,843 19,843 186 0205601N HARM IMPROVEMENT...... 11,477 11,477 187 0205604N TACTICAL DATA LINKS ...... 118,818 118,818 188 0205620N SURFACE ASW COMBAT SYSTEM INTEGRATION ...... 27,342 27,342 189 0205632N MK–48 ADCAP...... 28,717 28,717 190 0205633N AVIATION IMPROVEMENTS...... 89,157 89,157 191 0205658N NAVY SCIENCE ASSISTANCE PROGRAM ...... 3,450 3,450 192 0205675N OPERATIONAL NUCLEAR POWER SYSTEMS ...... 86,435 86,435 193 0206313M MARINE CORPS COMMUNICATIONS SYSTEMS ...... 219,054 219,054 194 0206623M MARINE CORPS GROUND COMBAT/SUPPORTING ARMS SYSTEMS ...... 181,693 181,693 195 0206624M MARINE CORPS COMBAT SERVICES SUPPORT ...... 58,393 58,393 196 0206625M USMC INTELLIGENCE/ELECTRONIC WARFARE SYSTEMS (MIP) ...... 22,966 22,966 197 0207161N TACTICAL AIM MISSILES ...... 21,107 21,107 198 0207163N ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE (AMRAAM) ...... 2,857 2,857 199 0208058N JOINT HIGH SPEED VESSEL (JHSV) ...... 1,932 1,932 204 0303109N SATELLITE COMMUNICATIONS (SPACE) ...... 188,482 188,482 205 0303138N CONSOLIDATED AFLOAT NETWORK ENTERPRISE SERVICES (CANES) ...... 16,749 16,749 206 0303140N INFORMATION SYSTEMS SECURITY PROGRAM ...... 26,307 26,307 207 0303150M WWMCCS/GLOBAL COMMAND AND CONTROL SYSTEM ...... 500 500 208 0303238N CONSOLIDATED AFLOAT NETWORK ENTERPRISE SERVICES (CANES)—MIP ...... 0 0 210 0305149N COBRA JUDY...... 17,091 17,091 211 0305160N NAVY METEOROLOGICAL AND OCEAN SENSORS-SPACE (METOC) ...... 810 810 212 0305192N MILITARY INTELLIGENCE PROGRAM (MIP) ACTIVITIES ...... 8,617 8,617 213 0305204N TACTICAL UNMANNED AERIAL VEHICLES ...... 9,066 9,066 214 0305206N AIRBORNE RECONNAISSANCE SYSTEMS ...... 0 0 215 0305207N MANNED RECONNAISSANCE SYSTEMS ...... 30,654 30,654 216 0305208M DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ...... 25,917 25,917 217 0305208N DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ...... 14,676 14,676 218 0305220N RQ–4 UAV...... 657,483 657,483

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SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars) Program FY 2013 Senate Line Element Item Request Authorized

219 0305231N MQ–8 UAV...... 99,600 99,600 220 0305232M RQ–11 UAV...... 495 495 221 0305233N RQ–7 UAV...... 863 863 222 0305234M SMALL (LEVEL 0) TACTICAL UAS (STUASL0) ...... 0 0 223 0305234N SMALL (LEVEL 0) TACTICAL UAS (STUASL0) ...... 9,734 9,734 224 0305237N MEDIUM RANGE MARITIME UAS ...... 0 0 225 0305239M RQ–21A ...... 22,343 22,343 226 0308601N MODELING AND SIMULATION SUPPORT ...... 5,908 5,908 227 0702207N DEPOT MAINTENANCE (NON-IF) ...... 27,391 27,391 228 0702239N AVIONICS COMPONENT IMPROVEMENT PROGRAM ...... 0 0 229 0708011N INDUSTRIAL PREPAREDNESS...... 54,879 54,879 230 0708730N MARITIME TECHNOLOGY (MARITECH) ...... 5,000 5,000 230A 9999999999 CLASSIFIED PROGRAMS...... 1,151,159 1,151,159 SUBTOTAL, OPERATIONAL SYSTEMS DEVELOPMENT ...... 3,975,546 3,975,546

230B PRIOR YEAR SAVINGS ...... –8,832 Medium range maritime UAS cancellation ...... [–8,832]

TOTAL, RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY ...... 16,882,877 16,874,045

RESEARCH, DEVELOPMENT, TEST & EVAL, AF BASIC RESEARCH 001 0601102F DEFENSE RESEARCH SCIENCES ...... 361,787 361,787 002 0601103F UNIVERSITY RESEARCH INITIATIVES ...... 141,153 141,153 003 0601108F HIGH ENERGY LASER RESEARCH INITIATIVES ...... 13,094 13,094 SUBTOTAL, BASIC RESEARCH ...... 516,034 516,034

APPLIED RESEARCH 004 0602102F MATERIALS ...... 114,166 114,166 005 0602201F AEROSPACE VEHICLE TECHNOLOGIES ...... 120,719 120,719 006 0602202F HUMAN EFFECTIVENESS APPLIED RESEARCH ...... 89,319 89,319 007 0602203F AEROSPACE PROPULSION...... 232,547 232,547 008 0602204F AEROSPACE SENSORS...... 127,637 127,637 009 0602601F SPACE TECHNOLOGY...... 98,375 98,375 010 0602602F CONVENTIONAL MUNITIONS...... 77,175 77,175 011 0602605F DIRECTED ENERGY TECHNOLOGY ...... 106,196 106,196 012 0602788F DOMINANT INFORMATION SCIENCES AND METHODS ...... 104,362 104,362 013 0602890F HIGH ENERGY LASER RESEARCH ...... 38,557 38,557 SUBTOTAL, APPLIED RESEARCH ...... 1,109,053 1,109,053

ADVANCED TECHNOLOGY DEVELOPMENT 014 0603112F ADVANCED MATERIALS FOR WEAPON SYSTEMS ...... 47,890 47,890 015 0603199F SUSTAINMENT SCIENCE AND TECHNOLOGY (S&T) ...... 6,565 6,565 016 0603203F ADVANCED AEROSPACE SENSORS ...... 37,657 37,657 017 0603211F AEROSPACE TECHNOLOGY DEV/DEMO ...... 81,376 81,376 018 0603216F AEROSPACE PROPULSION AND POWER TECHNOLOGY ...... 151,152 151,152 019 0603270F ELECTRONIC COMBAT TECHNOLOGY ...... 32,941 32,941 020 0603401F ADVANCED SPACECRAFT TECHNOLOGY ...... 64,557 64,557 021 0603444F MAUI SPACE SURVEILLANCE SYSTEM (MSSS) ...... 29,256 29,256 022 0603456F HUMAN EFFECTIVENESS ADVANCED TECHNOLOGY DEVELOPMENT ...... 21,523 21,523 023 0603601F CONVENTIONAL WEAPONS TECHNOLOGY ...... 36,352 36,352 024 0603605F ADVANCED WEAPONS TECHNOLOGY ...... 19,004 19,004 025 0603680F MANUFACTURING TECHNOLOGY PROGRAM ...... 37,045 37,045 026 0603788F BATTLESPACE KNOWLEDGE DEVELOPMENT AND DEMONSTRATION ...... 31,419 31,419 027 0603924F HIGH ENERGY LASER ADVANCED TECHNOLOGY PROGRAM ...... 0 0 SUBTOTAL, ADVANCED TECHNOLOGY DEVELOPMENT ...... 596,737 596,737

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 028 0603260F INTELLIGENCE ADVANCED DEVELOPMENT ...... 3,866 3,866 029 0603287F PHYSICAL SECURITY EQUIPMENT ...... 3,704 3,704 030 0603430F ADVANCED EHF MILSATCOM (SPACE) ...... 229,171 227,671 Excess funding ...... [–1,500] 031 0603432F POLAR MILSATCOM (SPACE) ...... 120,676 120,676 032 0603438F SPACE CONTROL TECHNOLOGY ...... 25,144 23,144 Excess funding ...... [–2,000] 033 0603742F COMBAT IDENTIFICATION TECHNOLOGY ...... 32,243 32,243 034 0603790F NATO RESEARCH AND DEVELOPMENT ...... 4,507 4,507 035 0603791F INTERNATIONAL SPACE COOPERATIVE R&D ...... 652 652 036 0603830F SPACE PROTECTION PROGRAM (SPP) ...... 10,429 10,429 037 0603850F INTEGRATED BROADCAST SERVICE—DEM/VAL ...... 19,938 19,938 038 0603851F INTERCONTINENTAL BALLISTIC MISSILE—DEM/VAL ...... 71,181 71,181 039 0603854F WIDEBAND GLOBAL SATCOM RDT&E (SPACE) ...... 12,027 12,027 040 0603859F POLLUTION PREVENTION—DEM/VAL...... 2,054 2,054 041 0603860F JOINT PRECISION APPROACH AND LANDING SYSTEMS—DEM/VAL ...... 57,975 57,975 042 0604015F LONG RANGE STRIKE ...... 291,742 291,742 043 0604283F BATTLE MGMT COM & CTRL SENSOR DEVELOPMENT ...... 114,417 114,417 044 0604317F TECHNOLOGY TRANSFER...... 2,576 2,576 045 0604327F HARD AND DEEPLY BURIED TARGET DEFEAT SYSTEM (HDBTDS) PROGRAM ...... 16,711 16,711 046 0604330F JOINT DUAL ROLE AIR DOMINANCE MISSILE ...... 0 0 047 0604337F REQUIREMENTS ANALYSIS AND MATURATION ...... 16,343 16,343 048 0604422F WEATHER SATELLITE FOLLOW-ON ...... 2,000 2,000 049 0604436F NEXT-GENERATION MILSATCOM TECHNOLOGY DEVELOPMENT ...... 0 0 050 0604635F GROUND ATTACK WEAPONS FUZE DEVELOPMENT ...... 9,423 9,423

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SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars) Program FY 2013 Senate Line Element Item Request Authorized

051 0604775F DEFENSE RAPID INNOVATION PROGRAM ...... 0 0 052 0604796F ALTERNATIVE FUELS...... 0 0 053 0604830F AUTOMATED AIR-TO-AIR REFUELING ...... 0 0 054 0604857F OPERATIONALLY RESPONSIVE SPACE ...... 0 45,000 Restore Operationally Responsive Space ...... [45,000] 055 0604858F TECH TRANSITION PROGRAM ...... 37,558 34,558 Excess funding ...... [–3,000] 056 0305164F NAVSTAR GLOBAL POSITIONING SYSTEM (USER EQUIPMENT) (SPACE) ...... 96,840 96,840 057 0305178F NATIONAL POLAR-ORBITING OPERATIONAL ENVIRONMENTAL SATELLITE SYSTEM (NPOESS) ...... 0 0 SUBTOTAL, ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES ...... 1,181,177 1,219,677

SYSTEM DEVELOPMENT & DEMONSTRATION 058 0603840F GLOBAL BROADCAST SERVICE (GBS) ...... 14,652 14,652 059 0604222F NUCLEAR WEAPONS SUPPORT ...... 25,713 25,713 060 0604233F SPECIALIZED UNDERGRADUATE FLIGHT TRAINING ...... 6,583 6,583 061 0604270F ELECTRONIC WARFARE DEVELOPMENT ...... 1,975 1,975 062 0604280F JOINT TACTICAL RADIO ...... 2,594 2,594 063 0604281F TACTICAL DATA NETWORKS ENTERPRISE ...... 24,534 24,534 064 0604287F PHYSICAL SECURITY EQUIPMENT ...... 51 51 065 0604329F SMALL DIAMETER BOMB (SDB)—EMD ...... 143,000 143,000 066 0604421F COUNTERSPACE SYSTEMS...... 28,797 28,797 067 0604425F SPACE SITUATION AWARENESS SYSTEMS ...... 267,252 247,252 Excess funding ...... [–20,000] 068 0604429F AIRBORNE ELECTRONIC ATTACK ...... 4,118 4,118 069 0604441F SPACE BASED INFRARED SYSTEM (SBIRS) HIGH EMD ...... 448,594 446,594 Excess funding ...... [–2,000] 070 0604602F ARMAMENT/ORDNANCE DEVELOPMENT...... 9,951 9,951 071 0604604F SUBMUNITIONS ...... 2,567 2,567 072 0604617F AGILE COMBAT SUPPORT ...... 13,059 13,059 073 0604706F LIFE SUPPORT SYSTEMS ...... 9,720 9,720 074 0604735F COMBAT TRAINING RANGES ...... 9,222 9,222 075 0604740F INTEGRATED COMMAND & CONTROL APPLICATIONS (IC2A) ...... 0 0 076 0604750F INTELLIGENCE EQUIPMENT...... 803 803 077 0604800F F–35—EMD ...... 1,210,306 1,210,306 078 0604851F INTERCONTINENTAL BALLISTIC MISSILE—EMD ...... 135,437 135,437 079 0604853F EVOLVED EXPENDABLE LAUNCH VEHICLE PROGRAM (SPACE)—EMD ...... 7,980 7,980 080 0604932F LONG RANGE STANDOFF WEAPON ...... 2,004 2,004 081 0604933F ICBM FUZE MODERNIZATION ...... 73,512 73,512 082 0605213F F–22 MODERNIZATION INCREMENT 3.2B ...... 140,100 140,100 083 0605221F NEXT GENERATION AERIAL REFUELING AIRCRAFT ...... 1,815,588 1,728,458 Excess prior year funds ...... [–87,130] 084 0605229F CSAR HH–60 RECAPITALIZATION ...... 123,210 123,210 085 0605278F HC/MC–130 RECAP RDT&E ...... 19,039 19,039 086 0605931F B–2 DEFENSIVE MANAGEMENT SYSTEM ...... 281,056 281,056 087 0101125F NUCLEAR WEAPONS MODERNIZATION ...... 80,200 80,200 088 0207100F LIGHT ATTACK ARMED RECONNAISSANCE (LAAR) SQUADRONS ...... 0 0 089 0207604F READINESS TRAINING RANGES, OPERATIONS AND MAINTENANCE ...... 310 310 090 0207701F FULL COMBAT MISSION TRAINING ...... 14,861 14,861 091 0305230F MC–12 ...... 19,949 19,949 092 0401138F C–27J AIRLIFT SQUADRONS ...... 0 0 093 0401318F CV–22 ...... 28,027 28,027 094 0401845F AIRBORNE SENIOR LEADER C3 (SLC3S) ...... 1,960 1,960 SUBTOTAL, SYSTEM DEVELOPMENT & DEMONSTRATION ...... 4,966,724 4,857,594

RDT&E MANAGEMENT SUPPORT 095 0604256F THREAT SIMULATOR DEVELOPMENT ...... 22,812 22,812 096 0604759F MAJOR T&E INVESTMENT ...... 42,236 42,236 097 0605101F RAND PROJECT AIR FORCE ...... 25,579 25,579 098 0605502F SMALL BUSINESS INNOVATION RESEARCH ...... 0 0 099 0605712F INITIAL OPERATIONAL TEST & EVALUATION ...... 16,197 16,197 100 0605807F TEST AND EVALUATION SUPPORT ...... 722,071 722,071 101 0605860F ROCKET SYSTEMS LAUNCH PROGRAM (SPACE) ...... 16,200 16,200 102 0605864F SPACE TEST PROGRAM (STP) ...... 10,051 45,051 Restore Space Test Program ...... [35,000] 103 0605976F FACILITIES RESTORATION AND MODERNIZATION—TEST AND EVALUATION SUPPORT ...... 42,597 42,597 104 0605978F FACILITIES SUSTAINMENT—TEST AND EVALUATION SUPPORT ...... 27,301 27,301 105 0606323F MULTI-SERVICE SYSTEMS ENGINEERING INITIATIVE ...... 13,964 13,964 106 0606392F SPACE AND MISSILE CENTER (SMC) CIVILIAN WORKFORCE ...... 203,766 203,766 107 0702806F ACQUISITION AND MANAGEMENT SUPPORT ...... 42,430 42,430 108 0804731F GENERAL SKILL TRAINING ...... 1,294 1,294 109 0909980F JUDGMENT FUND REIMBURSEMENT ...... 0 0 110 0909999F FINANCING FOR CANCELLED ACCOUNT ADJUSTMENTS ...... 0 0 111 1001004F INTERNATIONAL ACTIVITIES...... 3,851 3,851 SUBTOTAL, RDT&E MANAGEMENT SUPPORT ...... 1,190,349 1,225,349

OPERATIONAL SYSTEMS DEVELOPMENT 112 0603423F GLOBAL POSITIONING SYSTEM III—OPERATIONAL CONTROL SEGMENT ...... 371,595 370,095 Excess funding ...... [–1,500] 113 0604263F COMMON VERTICAL LIFT SUPPORT PLATFORM ...... 0 0 114 0605018F AF INTEGRATED PERSONNEL AND PAY SYSTEM (AF-IPPS) ...... 91,697 91,697 115 0605024F ANTI-TAMPER TECHNOLOGY EXECUTIVE AGENCY ...... 17,037 17,037 117 0101113F B–52 SQUADRONS...... 53,208 53,208 118 0101122F AIR-LAUNCHED CRUISE MISSILE (ALCM) ...... 431 431

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SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars) Program FY 2013 Senate Line Element Item Request Authorized

119 0101126F B–1B SQUADRONS...... 16,265 16,265 120 0101127F B–2 SQUADRONS...... 35,970 20,970 Efficiencies ...... [–15,000] 121 0101313F STRAT WAR PLANNING SYSTEM—USSTRATCOM ...... 30,889 30,889 122 0101314F NIGHT FIST—USSTRATCOM...... 10 10 124 0102326F REGION/SECTOR OPERATION CONTROL CENTER MODERNIZATION PROGRAM ...... 5,609 5,609 125 0102823F STRATEGIC AEROSPACE INTELLIGENCE SYSTEM ACTIVITIES ...... 0 0 126 0203761F WARFIGHTER RAPID ACQUISITION PROCESS (WRAP) RAPID TRANSITION FUND ...... 15,098 15,098 127 0205219F MQ–9 UAV...... 147,971 147,971 128 0207040F MULTI-PLATFORM ELECTRONIC WARFARE EQUIPMENT ...... 49,848 49,848 129 0207131F A–10 SQUADRONS...... 13,538 13,538 130 0207133F F–16 SQUADRONS...... 190,257 190,257 131 0207134F F–15E SQUADRONS...... 192,677 192,677 132 0207136F MANNED DESTRUCTIVE SUPPRESSION ...... 13,683 13,683 133 0207138F F–22A SQUADRONS...... 371,667 371,667 134 0207142F F–35 SQUADRONS...... 8,117 8,117 135 0207161F TACTICAL AIM MISSILES ...... 8,234 8,234 136 0207163F ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE (AMRAAM) ...... 87,041 87,041 137 0207170F JOINT HELMET MOUNTED CUEING SYSTEM (JHMCS) ...... 1,472 1,472 138 0207224F COMBAT RESCUE AND RECOVERY ...... 2,095 2,095 139 0207227F COMBAT RESCUE—PARARESCUE...... 1,119 1,119 140 0207247F AF TENCAP...... 63,853 63,853 141 0207249F PRECISION ATTACK SYSTEMS PROCUREMENT ...... 1,063 1,063 142 0207253F COMPASS CALL...... 12,094 12,094 143 0207268F AIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM ...... 187,984 187,984 144 0207277F ISR INNOVATIONS...... 0 0 145 0207325F JOINT AIR-TO-SURFACE STANDOFF MISSILE (JASSM) ...... 7,950 7,950 146 0207410F AIR & SPACE OPERATIONS CENTER (AOC) ...... 76,315 76,315 147 0207412F CONTROL AND REPORTING CENTER (CRC) ...... 8,653 8,653 148 0207417F AIRBORNE WARNING AND CONTROL SYSTEM (AWACS) ...... 65,200 65,200 149 0207418F TACTICAL AIRBORNE CONTROL SYSTEMS ...... 5,767 5,767 150 0207423F ADVANCED COMMUNICATIONS SYSTEMS ...... 0 0 152 0207431F COMBAT AIR INTELLIGENCE SYSTEM ACTIVITIES ...... 5,756 5,756 153 0207438F THEATER BATTLE MANAGEMENT (TBM) C4I ...... 0 0 154 0207444F TACTICAL AIR CONTROL PARTY-MOD ...... 16,226 16,226 155 0207445F FIGHTER TACTICAL DATA LINK ...... 0 0 156 0207448F C2ISR TACTICAL DATA LINK ...... 1,633 1,633 157 0207449F COMMAND AND CONTROL (C2) CONSTELLATION ...... 18,086 18,086 158 0207452F DCAPES ...... 15,690 15,690 159 0207581F JOINT SURVEILLANCE/TARGET ATTACK RADAR SYSTEM (JSTARS) ...... 24,241 24,241 160 0207590F SEEK EAGLE...... 22,654 22,654 161 0207601F USAF MODELING AND SIMULATION ...... 15,501 15,501 162 0207605F WARGAMING AND SIMULATION CENTERS ...... 5,699 5,699 163 0207697F DISTRIBUTED TRAINING AND EXERCISES ...... 4,425 4,425 164 0208006F MISSION PLANNING SYSTEMS ...... 69,377 69,377 165 0208021F INFORMATION WARFARE SUPPORT ...... 7,159 7,159 166 0208059F CYBER COMMAND ACTIVITIES ...... 66,888 66,888 174 0301400F SPACE SUPERIORITY INTELLIGENCE ...... 12,056 12,056 175 0302015F E–4B NATIONAL AIRBORNE OPERATIONS CENTER (NAOC) ...... 4,159 4,159 176 0303131F MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK (MEECN) ...... 20,124 20,124 177 0303140F INFORMATION SYSTEMS SECURITY PROGRAM ...... 69,133 69,133 178 0303141F GLOBAL COMBAT SUPPORT SYSTEM ...... 6,512 6,512 179 0303150F GLOBAL COMMAND AND CONTROL SYSTEM ...... 4,316 4,316 180 0303601F MILSATCOM TERMINALS...... 107,237 107,237 182 0304260F AIRBORNE SIGINT ENTERPRISE ...... 129,106 129,106 185 0305099F GLOBAL AIR TRAFFIC MANAGEMENT (GATM) ...... 4,461 4,461 186 0305103F CYBER SECURITY INITIATIVE ...... 2,055 2,055 187 0305105F DOD CYBER CRIME CENTER ...... 285 285 188 0305110F SATELLITE CONTROL NETWORK (SPACE) ...... 33,773 33,773 189 0305111F WEATHER SERVICE...... 29,048 29,048 190 0305114F AIR TRAFFIC CONTROL, APPROACH, AND LANDING SYSTEM (ATCALS) ...... 43,187 43,187 191 0305116F AERIAL TARGETS...... 50,496 50,496 194 0305128F SECURITY AND INVESTIGATIVE ACTIVITIES ...... 354 354 195 0305145F ARMS CONTROL IMPLEMENTATION ...... 4,000 4,000 196 0305146F DEFENSE JOINT COUNTERINTELLIGENCE ACTIVITIES ...... 342 342 198 0305164F NAVSTAR GLOBAL POSITIONING SYSTEM (USER EQUIPMENT) (SPACE) ...... 29,621 29,621 199 0305165F NAVSTAR GLOBAL POSITIONING SYSTEM (SPACE AND CONTROL SEGMENTS) ...... 14,335 14,335 201 0305173F SPACE AND MISSILE TEST AND EVALUATION CENTER ...... 3,680 3,680 202 0305174F SPACE INNOVATION AND DEVELOPMENT CENTER ...... 2,430 2,430 203 0305182F SPACELIFT RANGE SYSTEM (SPACE) ...... 8,760 8,760 204 0305193F INTELLIGENCE SUPPORT TO INFORMATION OPERATIONS (IO) ...... 0 0 205 0305202F DRAGON U–2...... 23,644 23,644 206 0305205F ENDURANCE UNMANNED AERIAL VEHICLES ...... 21,000 21,000 207 0305206F AIRBORNE RECONNAISSANCE SYSTEMS ...... 96,735 96,735 208 0305207F MANNED RECONNAISSANCE SYSTEMS ...... 13,316 13,316 209 0305208F DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ...... 63,501 63,501 210 0305219F MQ–1 PREDATOR A UAV ...... 9,122 9,122 211 0305220F RQ–4 UAV...... 236,265 236,265 212 0305221F NETWORK-CENTRIC COLLABORATIVE TARGETING ...... 7,367 7,367 213 0305236F COMMON DATA LINK (CDL) ...... 38,094 38,094 214 0305238F NATO AGS...... 210,109 210,109 215 0305240F SUPPORT TO DCGS ENTERPRISE ...... 24,500 24,500 216 0305265F GPS III SPACE SEGMENT ...... 318,992 318,992

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SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars) Program FY 2013 Senate Line Element Item Request Authorized

217 0305614F JSPOC MISSION SYSTEM ...... 54,645 54,645 218 0305881F RAPID CYBER ACQUISITION ...... 4,007 4,007 219 0305887F INTELLIGENCE SUPPORT TO INFORMATION WARFARE ...... 13,357 13,357 220 0305913F NUDET DETECTION SYSTEM (SPACE) ...... 64,965 64,965 221 0305940F SPACE SITUATION AWARENESS OPERATIONS ...... 19,586 19,586 222 0307141F INFORMATION OPERATIONS TECHNOLOGY INTEGRATION & TOOL DEVELOPMENT ...... 0 0 223 0308699F SHARED EARLY WARNING (SEW) ...... 1,175 1,175 224 0401115F C–130 AIRLIFT SQUADRON ...... 5,000 5,000 225 0401119F C–5 AIRLIFT SQUADRONS (IF) ...... 35,115 35,115 226 0401130F C–17 AIRCRAFT (IF) ...... 99,225 99,225 227 0401132F C–130J PROGRAM...... 30,652 30,652 228 0401134F LARGE AIRCRAFT IR COUNTERMEASURES (LAIRCM) ...... 7,758 7,758 229 0401139F LIGHT MOBILITY AIRCRAFT (LIMA) ...... 100 100 230 0401218F KC–135S ...... 0 0 231 0401219F KC–10S ...... 24,022 24,022 232 0401314F OPERATIONAL SUPPORT AIRLIFT ...... 7,471 7,471 233 0401315F C-STOL AIRCRAFT...... 0 0 234 0408011F SPECIAL TACTICS / COMBAT CONTROL ...... 4,984 4,984 235 0702207F DEPOT MAINTENANCE (NON-IF) ...... 1,588 1,588 236 0708012F LOGISTICS SUPPORT ACTIVITIES ...... 577 577 237 0708610F LOGISTICS INFORMATION TECHNOLOGY (LOGIT) ...... 119,327 119,327 238 0708611F SUPPORT SYSTEMS DEVELOPMENT ...... 15,873 15,873 239 0801711F RECRUITING ACTIVITIES...... 0 0 240 0804743F OTHER FLIGHT TRAINING ...... 349 349 241 0804757F JOINT NATIONAL TRAINING CENTER ...... 0 0 242 0808716F OTHER PERSONNEL ACTIVITIES ...... 117 117 243 0901202F JOINT PERSONNEL RECOVERY AGENCY ...... 2,018 2,018 244 0901218F CIVILIAN COMPENSATION PROGRAM ...... 1,561 1,561 245 0901220F PERSONNEL ADMINISTRATION...... 7,634 7,634 246 0901226F AIR FORCE STUDIES AND ANALYSIS AGENCY ...... 1,175 1,175 247 0901279F FACILITIES OPERATION—ADMINISTRATIVE...... 3,491 3,491 248 0901538F FINANCIAL MANAGEMENT INFORMATION SYSTEMS DEVELOPMENT ...... 100,160 100,160 249 0902998F MANAGEMENT HQ—ADP SUPPORT (AF) ...... 0 0 249A 9999999999 CLASSIFIED PROGRAMS...... 11,172,183 11,149,583 Classified reduction ...... [–4,600] Classified reduction ...... [–18,000] SUBTOTAL, OPERATIONAL SYSTEMS DEVELOPMENT ...... 15,867,972 15,828,872

249B PRIOR YEAR SAVINGS ...... –78,426 C–130 AMP cancellation ...... [–6,509] MALD II Cancellation ...... [–7,917] Global Hawk Block 30 cancellation ...... [–64,000]

TOTAL, RESEARCH, DEVELOPMENT, TEST & EVAL, AF ...... 25,428,046 25,274,890

RESEARCH, DEVELOPMENT, TEST & EVAL, DW BASIC RESEARCH 001 0601000BR DTRA BASIC RESEARCH INITIATIVE ...... 45,071 45,071 002 0601101E DEFENSE RESEARCH SCIENCES ...... 309,051 309,051 003 0601110D8Z BASIC RESEARCH INITIATIVES ...... 19,405 19,405 004 0601117E BASIC OPERATIONAL MEDICAL RESEARCH SCIENCE ...... 39,676 39,676 005 0601120D8Z NATIONAL DEFENSE EDUCATION PROGRAM ...... 87,979 87,979 006 0601384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM ...... 50,566 50,566 SUBTOTAL, BASIC RESEARCH ...... 551,748 551,748

APPLIED RESEARCH 007 0602000D8Z JOINT MUNITIONS TECHNOLOGY ...... 20,615 20,615 008 0602115E BIOMEDICAL TECHNOLOGY...... 110,900 110,900 009 0602228D8Z HISTORICALLY BLACK COLLEGES AND UNIVERSITIES (HBCU) SCIENCE ...... 0 0 010 0602234D8Z LINCOLN LABORATORY RESEARCH PROGRAM ...... 36,826 36,826 011 0602250D8Z SYSTEMS 2020 APPLIED RESEARCH ...... 7,898 7,898 012 0602303E INFORMATION & COMMUNICATIONS TECHNOLOGY ...... 392,421 392,421 013 0602304E COGNITIVE COMPUTING SYSTEMS ...... 30,424 30,424 014 0602305E MACHINE INTELLIGENCE...... 0 0 015 0602383E BIOLOGICAL WARFARE DEFENSE ...... 19,236 19,236 016 0602384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM ...... 223,269 223,269 017 0602663D8Z DATA TO DECISIONS APPLIED RESEARCH ...... 13,753 13,753 018 0602668D8Z CYBER SECURITY RESEARCH ...... 18,985 18,985 019 0602670D8Z HUMAN, SOCIAL AND CULTURE BEHAVIOR MODELING (HSCB) APPLIED RESEARCH ...... 6,771 6,771 020 0602702E TACTICAL TECHNOLOGY...... 233,209 233,209 021 0602715E MATERIALS AND BIOLOGICAL TECHNOLOGY ...... 166,067 166,067 022 0602716E ELECTRONICS TECHNOLOGY...... 222,416 222,416 023 0602718BR WEAPONS OF MASS DESTRUCTION DEFEAT TECHNOLOGIES ...... 172,352 172,352 024 1160401BB SPECIAL OPERATIONS TECHNOLOGY DEVELOPMENT ...... 28,739 28,739 SUBTOTAL, APPLIED RESEARCH ...... 1,703,881 1,703,881

ADVANCED TECHNOLOGY DEVELOPMENT (ATD) 025 0603000D8Z JOINT MUNITIONS ADVANCED TECHNOLOGY ...... 25,612 25,612 026 0603121D8Z SO/LIC ADVANCED DEVELOPMENT ...... 26,324 26,324 027 0603122D8Z COMBATING TERRORISM TECHNOLOGY SUPPORT ...... 77,144 65,844 Reduction due to duplication of effort ...... [–11,300] 028 0603160BR COUNTERPROLIFERATION INITIATIVES—PROLIFERATION PREVENTION AND DEFEAT ...... 275,022 275,022 029 0603175C BALLISTIC MISSILE DEFENSE TECHNOLOGY ...... 79,975 79,975

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SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars) Program FY 2013 Senate Line Element Item Request Authorized

030 0603200D8Z JOINT ADVANCED CONCEPTS ...... 0 0 031 0603225D8Z JOINT DOD-DOE MUNITIONS TECHNOLOGY DEVELOPMENT ...... 20,032 20,032 032 0603264S AGILE TRANSPORTATION FOR THE 21ST CENTURY (AT21)—THEATER CAPABILITY ...... 3,892 3,892 033 0603274C SPECIAL PROGRAM—MDA TECHNOLOGY ...... 36,685 36,685 034 0603286E ADVANCED AEROSPACE SYSTEMS ...... 174,316 174,316 035 0603287E SPACE PROGRAMS AND TECHNOLOGY ...... 159,704 159,704 036 0603384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—ADVANCED DEVELOPMENT ...... 234,280 234,280 037 0603618D8Z JOINT ELECTRONIC ADVANCED TECHNOLOGY ...... 6,983 6,983 038 0603648D8Z JOINT CAPABILITY TECHNOLOGY DEMONSTRATIONS ...... 158,263 158,263 039 0603662D8Z NETWORKED COMMUNICATIONS CAPABILITIES ...... 25,393 25,393 040 0603663D8Z DATA TO DECISIONS ADVANCED TECHNOLOGY DEVELOPMENT ...... 13,754 13,754 041 0603665D8Z BIOMETRICS SCIENCE AND TECHNOLOGY ...... 0 0 042 0603668D8Z CYBER SECURITY ADVANCED RESEARCH ...... 19,935 19,935 043 0603670D8Z HUMAN, SOCIAL AND CULTURE BEHAVIOR MODELING (HSCB) ADVANCED DEVELOPMENT ...... 8,235 8,235 044 0603680D8Z DEFENSE-WIDE MANUFACTURING SCIENCE AND TECHNOLOGY PROGRAM ...... 21,966 51,966 Industrial Base Innovation Fund ...... [30,000] 045 0603699D8Z EMERGING CAPABILITIES TECHNOLOGY DEVELOPMENT ...... 24,662 24,662 046 0603711D8Z JOINT ROBOTICS PROGRAM/AUTONOMOUS SYSTEMS ...... 0 0 047 0603712S GENERIC LOGISTICS R&D TECHNOLOGY DEMONSTRATIONS ...... 24,605 24,605 048 0603713S DEPLOYMENT AND DISTRIBUTION ENTERPRISE TECHNOLOGY ...... 30,678 30,678 049 0603716D8Z STRATEGIC ENVIRONMENTAL RESEARCH PROGRAM ...... 65,282 65,282 050 0603720S MICROELECTRONICS TECHNOLOGY DEVELOPMENT AND SUPPORT ...... 72,234 69,234 DMEA upgrade reduction ...... [–3,000] 051 0603727D8Z JOINT WARFIGHTING PROGRAM ...... 8,403 8,403 052 0603739E ADVANCED ELECTRONICS TECHNOLOGIES ...... 111,008 111,008 053 0603755D8Z HIGH PERFORMANCE COMPUTING MODERNIZATION PROGRAM ...... 0 0 054 0603760E COMMAND, CONTROL AND COMMUNICATIONS SYSTEMS ...... 237,859 237,859 055 0603765E CLASSIFIED DARPA PROGRAMS ...... 3,000 3,000 056 0603766E NETWORK-CENTRIC WARFARE TECHNOLOGY ...... 236,883 236,883 057 0603767E SENSOR TECHNOLOGY...... 299,438 299,438 058 0603769SE DISTRIBUTED LEARNING ADVANCED TECHNOLOGY DEVELOPMENT ...... 12,195 12,195 059 0603781D8Z SOFTWARE ENGINEERING INSTITUTE ...... 30,036 30,036 060 0603826D8Z QUICK REACTION SPECIAL PROJECTS ...... 107,002 107,002 061 0603828D8Z JOINT EXPERIMENTATION...... 0 0 062 0603828J JOINT EXPERIMENTATION...... 21,230 21,230 063 0603832D8Z DOD MODELING AND SIMULATION MANAGEMENT OFFICE ...... 47,433 47,433 064 0603901C DIRECTED ENERGY RESEARCH ...... 46,944 46,944 065 0603902C NEXT GENERATION AEGIS MISSILE ...... 224,077 224,077 066 0603941D8Z TEST & EVALUATION SCIENCE & TECHNOLOGY ...... 92,602 92,602 067 0603942D8Z TECHNOLOGY TRANSFER...... 0 0 068 0604055D8Z OPERATIONAL ENERGY CAPABILITY IMPROVEMENT ...... 26,244 26,244 069 0303310D8Z CWMD SYSTEMS...... 53,946 53,946 070 1160402BB SPECIAL OPERATIONS ADVANCED TECHNOLOGY DEVELOPMENT ...... 45,317 45,317 071 1160422BB AVIATION ENGINEERING ANALYSIS ...... 861 861 072 1160472BB SOF INFORMATION AND BROADCAST SYSTEMS ADVANCED TECHNOLOGY ...... 4,959 4,959 SUBTOTAL, ADVANCED TECHNOLOGY DEVELOPMENT (ATD) ...... 3,194,413 3,210,113

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES ...... 3,194,413 3,210,113 073 0603161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY EQUIPMENT RDT&E ADC&P ...... 33,234 33,234 074 0603527D8Z RETRACT LARCH...... 21,023 21,023 075 0603600D8Z WALKOFF ...... 94,624 94,624 076 0603709D8Z JOINT ROBOTICS PROGRAM ...... 0 0 077 0603714D8Z ADVANCED SENSOR APPLICATIONS PROGRAM ...... 16,958 18,958 Reverse cuts to testing ...... [2,000] 078 0603851D8Z ENVIRONMENTAL SECURITY TECHNICAL CERTIFICATION PROGRAM ...... 75,941 75,941 079 0603881C BALLISTIC MISSILE DEFENSE TERMINAL DEFENSE SEGMENT ...... 316,929 316,929 080 0603882C BALLISTIC MISSILE DEFENSE MIDCOURSE DEFENSE SEGMENT ...... 903,172 903,172 081 0603884BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—DEM/VAL ...... 179,023 179,023 082 0603884C BALLISTIC MISSILE DEFENSE SENSORS ...... 347,012 347,012 083 0603888C BALLISTIC MISSILE DEFENSE TEST & TARGETS ...... 0 0 084 0603890C BMD ENABLING PROGRAMS ...... 362,711 362,711 085 0603891C SPECIAL PROGRAMS—MDA...... 272,387 272,387 086 0603892C AEGIS BMD...... 992,407 992,407 087 0603893C SPACE TRACKING & SURVEILLANCE SYSTEM ...... 51,313 51,313 088 0603895C BALLISTIC MISSILE DEFENSE SYSTEM SPACE PROGRAMS ...... 6,912 6,912 089 0603896C BALLISTIC MISSILE DEFENSE COMMAND AND CONTROL, BATTLE MANAGEMENT & COMMUNICATION ...... 366,552 366,552 090 0603898C BALLISTIC MISSILE DEFENSE JOINT WARFIGHTER SUPPORT ...... 55,550 55,550 091 0603904C MISSILE DEFENSE INTEGRATION & OPERATIONS CENTER (MDIOC) ...... 63,043 63,043 092 0603906C REGARDING TRENCH...... 11,371 11,371 093 0603907C SEA BASED X-BAND RADAR (SBX) ...... 9,730 9,730 094 0603913C ISRAELI COOPERATIVE PROGRAMS ...... 99,836 409,836 Arrow Weapon System improvements ...... [20,000] Arrow–3 interceptor ...... [20,000] David’s Sling short-range BMD ...... [60,000] Iron Dome short-range rocket defense ...... [210,000] 095 0603914C BALLISTIC MISSILE DEFENSE TEST ...... 454,400 454,400 096 0603915C BALLISTIC MISSILE DEFENSE TARGETS ...... 435,747 435,747 097 0603920D8Z HUMANITARIAN DEMINING...... 13,231 13,231 098 0603923D8Z COALITION WARFARE...... 11,398 11,398 099 0604016D8Z DEPARTMENT OF DEFENSE CORROSION PROGRAM ...... 3,283 24,083 Increase for requirements shortfall ...... [20,800] 100 0604400D8Z DEPARTMENT OF DEFENSE (DOD) UNMANNED AIRCRAFT SYSTEM (UAS) COMMON DEVELOPMENT ...... 12,368 12,368 101 0604670D8Z HUMAN, SOCIAL AND CULTURE BEHAVIOR MODELING (HSCB) RESEARCH AND ENGINEERING ...... 5,131 5,131

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SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars) Program FY 2013 Senate Line Element Item Request Authorized

102 0604775D8Z DEFENSE RAPID INNOVATION PROGRAM ...... 0 200,000 Rapid Innovation Program ...... [200,000] 103 0604787D8Z JOINT SYSTEMS INTEGRATION COMMAND (JSIC) ...... 0 0 104 0604787J JOINT SYSTEMS INTEGRATION ...... 3,273 3,273 105 0604828D8Z JOINT FIRES INTEGRATION AND INTEROPERABILITY TEAM ...... 0 0 106 0604828J JOINT FIRES INTEGRATION AND INTEROPERABILITY TEAM ...... 7,364 7,364 107 0604880C LAND-BASED SM–3 (LBSM3) ...... 276,338 276,338 108 0604881C AEGIS SM–3 BLOCK IIA CO-DEVELOPMENT ...... 420,630 420,630 109 0604883C PRECISION TRACKING SPACE SENSOR RDT&E ...... 297,375 297,375 110 0604884C AIRBORNE INFRARED (ABIR) ...... 0 0 111 0604886C ADVANCED REMOTE SENSOR TECHNOLOGY (ARST) ...... 58,742 58,742 112 0605017D8Z REDUCTION OF TOTAL OWNERSHIP COST ...... 0 0 113 0303191D8Z JOINT ELECTROMAGNETIC TECHNOLOGY (JET) PROGRAM ...... 3,158 3,158 SUBTOTAL, ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES ...... 6,282,166 6,814,966

SYSTEM DEVELOPMENT AND DEMONSTRATION (SDD) 114 0604051D8Z DEFENSE ACQUISITION CHALLENGE PROGRAM (DACP) ...... 0 0 115 0604161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY EQUIPMENT RDT&E SDD ...... 6,817 6,817 116 0604165D8Z PROMPT GLOBAL STRIKE CAPABILITY DEVELOPMENT ...... 110,383 110,383 117 0604384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—EMD ...... 311,071 311,071 118 0604709D8Z JOINT ROBOTICS PROGRAM—EMD ...... 0 0 119 0604764K ADVANCED IT SERVICES JOINT PROGRAM OFFICE (AITS-JPO) ...... 25,787 25,787 120 0604771D8Z JOINT TACTICAL INFORMATION DISTRIBUTION SYSTEM (JTIDS) ...... 20,688 20,688 121 0605000BR WEAPONS OF MASS DESTRUCTION DEFEAT CAPABILITIES ...... 5,749 5,749 122 0605013BL INFORMATION TECHNOLOGY DEVELOPMENT ...... 12,699 12,699 123 0605018BTA DEFENSE INTEGRATED MILITARY HUMAN RESOURCES SYSTEM (DIMHRS) ...... 0 0 124 0605020BTA BUSINESS TRANSFORMATION AGENCY R&D ACTIVITIES ...... 0 0 125 0605021SE HOMELAND PERSONNEL SECURITY INITIATIVE ...... 387 387 126 0605022D8Z DEFENSE EXPORTABILITY PROGRAM ...... 1,859 1,859 127 0605027D8Z OUSD(C) IT DEVELOPMENT INITIATIVES ...... 7,010 7,010 128 0605070S DOD ENTERPRISE SYSTEMS DEVELOPMENT AND DEMONSTRATION ...... 133,104 133,104 129 0605075D8Z DCMO POLICY AND INTEGRATION ...... 25,269 25,269 130 0605140D8Z TRUSTED FOUNDRY...... 0 0 131 0605210D8Z DEFENSE-WIDE ELECTRONIC PROCUREMENT CAPABILITIES ...... 10,238 10,238 132 0303141K GLOBAL COMBAT SUPPORT SYSTEM ...... 19,670 19,670 133 0305304D8Z DOD ENTERPRISE ENERGY INFORMATION MANAGEMENT (EEIM) ...... 3,556 3,556 134 0807708D8Z WOUNDED ILL AND INJURED SENIOR OVERSIGHT COMMITTEE (WII-SOC) STAFF OFFICE ...... 0 0 SUBTOTAL, SYSTEM DEVELOPMENT AND DEMONSTRATION (SDD) ...... 694,287 694,287

RDT&E MANAGEMENT SUPPORT 135 0604774D8Z DEFENSE READINESS REPORTING SYSTEM (DRRS) ...... 6,383 6,383 136 0604875D8Z JOINT SYSTEMS ARCHITECTURE DEVELOPMENT ...... 3,845 3,845 137 0604940D8Z CENTRAL TEST AND EVALUATION INVESTMENT DEVELOPMENT (CTEIP) ...... 144,109 144,109 138 0604942D8Z ASSESSMENTS AND EVALUATIONS ...... 2,419 2,419 139 0604943D8Z THERMAL VICAR...... 8,214 8,214 140 0605100D8Z JOINT MISSION ENVIRONMENT TEST CAPABILITY (JMETC) ...... 19,380 19,380 141 0605104D8Z TECHNICAL STUDIES, SUPPORT AND ANALYSIS ...... 32,266 32,266 142 0605110D8Z USD(A&T)--CRITICAL TECHNOLOGY SUPPORT ...... 840 840 143 0605117D8Z FOREIGN MATERIEL ACQUISITION AND EXPLOITATION ...... 56,012 56,012 144 0605126J JOINT INTEGRATED AIR AND MISSILE DEFENSE ORGANIZATION (JIAMDO) ...... 55,508 55,508 145 0605128D8Z CLASSIFIED PROGRAM USD(P) ...... 0 0 146 0605130D8Z FOREIGN COMPARATIVE TESTING ...... 18,174 18,174 147 0605142D8Z SYSTEMS ENGINEERING...... 43,195 43,195 148 0605151D8Z STUDIES AND ANALYSIS SUPPORT—OSD ...... 6,457 6,457 149 0605161D8Z NUCLEAR MATTERS-PHYSICAL SECURITY ...... 4,901 4,901 150 0605170D8Z SUPPORT TO NETWORKS AND INFORMATION INTEGRATION ...... 6,307 6,307 151 0605200D8Z GENERAL SUPPORT TO USD (INTELLIGENCE) ...... 6,601 6,601 152 0605384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM ...... 92,849 92,849 153 0605502BR SMALL BUSINESS INNOVATION RESEARCH ...... 0 0 154 0605502C SMALL BUSINESS INNOVATIVE RESEARCH—MDA ...... 0 0 155 0605502D8W SMALL BUSINESS INNOVATIVE RESEARCH ...... 0 0 156 0605502D8Z SMALL BUSINESS INNOVATIVE RESEARCH ...... 0 0 157 0605502E SMALL BUSINESS INNOVATIVE RESEARCH ...... 0 0 158 0605502S SMALL BUSINESS INNOVATIVE RESEARCH ...... 0 0 159 0605790D8Z SMALL BUSINESS INNOVATION RESEARCH (SBIR)/ SMALL BUSINESS TECHNOLOGY TRANSFER (S ...... 1,857 1,857 160 0605798D8Z DEFENSE TECHNOLOGY ANALYSIS ...... 12,056 12,056 161 0605799D8Z EMERGING CAPABILITIES...... 0 0 162 0605801KA DEFENSE TECHNICAL INFORMATION CENTER (DTIC) ...... 55,454 55,454 163 0605803SE R&D IN SUPPORT OF DOD ENLISTMENT, TESTING AND EVALUATION ...... 16,364 16,364 164 0605804D8Z DEVELOPMENT TEST AND EVALUATION ...... 15,110 20,110 DT&E increase ...... [5,000] 165 0605897E DARPA AGENCY RELOCATION ...... 0 0 166 0605898E MANAGEMENT HQ—R&D...... 69,767 69,767 167 0606100D8Z BUDGET AND PROGRAM ASSESSMENTS ...... 4,454 4,454 168 0606301D8Z AVIATION SAFETY TECHNOLOGIES ...... 0 0 169 0203345D8Z DEFENSE OPERATIONS SECURITY INITIATIVE (DOSI) ...... 2,637 2,637 170 0204571J JOINT STAFF ANALYTICAL SUPPORT ...... 0 0 173 0303166D8Z SUPPORT TO INFORMATION OPERATIONS (IO) CAPABILITIES ...... 0 0 174 0303166J SUPPORT TO INFORMATION OPERATIONS (IO) CAPABILITIES ...... 8,238 8,238 175 0303169D8Z INFORMATION TECHNOLOGY RAPID ACQUISITION ...... 0 0 176 0305103E CYBER SECURITY INITIATIVE ...... 1,801 1,801 177 0305193D8Z INTELLIGENCE SUPPORT TO INFORMATION OPERATIONS (IO) ...... 16,041 16,041 179 0305400D8Z WARFIGHTING AND INTELLIGENCE-RELATED SUPPORT ...... 0 0

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SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars) Program FY 2013 Senate Line Element Item Request Authorized

180 0804767D8Z COCOM EXERCISE ENGAGEMENT AND TRAINING TRANSFORMATION (CE2T2) ...... 77,475 77,475 181 0901585C PENTAGON RESERVATION...... 0 0 182 0901598C MANAGEMENT HQ—MDA...... 34,855 34,855 183 0901598D8W MANAGEMENT HEADQUARTERS WHS ...... 104 104 184 0909999D8Z FINANCING FOR CANCELLED ACCOUNT ADJUSTMENTS ...... 0 0 184A 9999999999 CLASSIFIED PROGRAMS...... 64,255 64,255 SUBTOTAL, RDT&E MANAGEMENT SUPPORT ...... 887,928 892,928

OPERATIONAL SYSTEMS DEVELOPMENT 185 0604130V ENTERPRISE SECURITY SYSTEM (ESS) ...... 8,866 8,866 186 0605127T REGIONAL INTERNATIONAL OUTREACH (RIO) AND PARTNERSHIP FOR PEACE INFORMATION MGMT ...... 3,238 3,238 187 0605147T OVERSEAS HUMANITARIAN ASSISTANCE SHARED INFORMATION SYSTEM (OHASIS) ...... 288 288 188 0607384BP CHEMICAL AND BIOLOGICAL DEFENSE (OPERATIONAL SYSTEMS DEVELOPMENT) ...... 14,745 14,745 189 0607828D8Z JOINT INTEGRATION AND INTEROPERABILITY ...... 0 0 190 0607828J JOINT INTEGRATION AND INTEROPERABILITY ...... 5,013 5,013 191 0208043J PLANNING AND DECISION AID SYSTEM (PDAS) ...... 3,922 3,922 192 0208045K C4I INTEROPERABILITY...... 72,574 72,574 194 0301144K JOINT/ALLIED COALITION INFORMATION SHARING ...... 6,214 6,214 201 0302016K NATIONAL MILITARY COMMAND SYSTEM-WIDE SUPPORT ...... 499 499 202 0302019K DEFENSE INFO INFRASTRUCTURE ENGINEERING AND INTEGRATION ...... 14,498 14,498 203 0303126K LONG-HAUL COMMUNICATIONS—DCS...... 26,164 26,164 204 0303131K MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK (MEECN) ...... 12,931 12,931 205 0303135G PUBLIC KEY INFRASTRUCTURE (PKI) ...... 6,296 6,296 206 0303136G KEY MANAGEMENT INFRASTRUCTURE (KMI) ...... 30,948 30,948 207 0303140D8Z INFORMATION SYSTEMS SECURITY PROGRAM ...... 11,780 11,780 208 0303140G INFORMATION SYSTEMS SECURITY PROGRAM ...... 191,452 191,452 209 0303140K INFORMATION SYSTEMS SECURITY PROGRAM ...... 0 0 210 0303149J C4I FOR THE WARRIOR ...... 0 0 211 0303150K GLOBAL COMMAND AND CONTROL SYSTEM ...... 36,575 36,575 212 0303153K DEFENSE SPECTRUM ORGANIZATION ...... 24,278 24,278 213 0303170K NET-CENTRIC ENTERPRISE SERVICES (NCES) ...... 2,924 2,924 214 0303260D8Z DEFENSE MILITARY DECEPTION PROGRAM OFFICE (DMDPO) ...... 1,294 1,294 215 0303610K TELEPORT PROGRAM...... 6,050 6,050 217 0304210BB SPECIAL APPLICATIONS FOR CONTINGENCIES ...... 17,058 17,058 220 0305103D8Z CYBER SECURITY INITIATIVE ...... 0 0 222 0305103K CYBER SECURITY INITIATIVE ...... 4,189 4,189 223 0305125D8Z CRITICAL INFRASTRUCTURE PROTECTION (CIP) ...... 10,462 10,462 227 0305186D8Z POLICY R&D PROGRAMS ...... 6,360 6,360 229 0305199D8Z NET CENTRICITY...... 21,190 21,190 232 0305208BB DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ...... 7,114 7,714 USSOCOM UFR ...... [600] 235 0305208K DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ...... 3,247 3,247 237 0305219BB MQ–1 PREDATOR A UAV ...... 1,355 1,355 239 0305231BB MQ–8 UAV...... 0 0 240 0305387D8Z HOMELAND DEFENSE TECHNOLOGY TRANSFER PROGRAM ...... 2,303 2,303 241 0305600D8Z INTERNATIONAL INTELLIGENCE TECHNOLOGY AND ARCHITECTURES ...... 1,478 1,478 249 0708011S INDUSTRIAL PREPAREDNESS...... 27,044 27,044 250 0708012S LOGISTICS SUPPORT ACTIVITIES ...... 4,711 4,711 251 0902298J MANAGEMENT HQ—OJCS...... 4,100 4,100 252 1001018D8Z NATO AGS...... 0 0 253 1105219BB MQ–9 UAV...... 3,002 3,002 254 1105232BB RQ–11 UAV...... 0 0 255 1105233BB RQ–7 UAV...... 0 0 256 1160279BB SMALL BUSINESS INNOVATIVE RESEARCH/SMALL BUS TECH TRANSFER PILOT PROG ...... 0 0 257 1160403BB SPECIAL OPERATIONS AVIATION SYSTEMS ADVANCED DEVELOPMENT ...... 97,267 97,267 258 1160404BB SPECIAL OPERATIONS TACTICAL SYSTEMS DEVELOPMENT ...... 821 821 259 1160405BB SPECIAL OPERATIONS INTELLIGENCE SYSTEMS DEVELOPMENT ...... 25,935 25,935 260 1160408BB SOF OPERATIONAL ENHANCEMENTS ...... 51,700 51,700 261 1160421BB SPECIAL OPERATIONS CV–22 DEVELOPMENT ...... 1,822 1,822 262 1160427BB MISSION TRAINING AND PREPARATION SYSTEMS (MTPS) ...... 10,131 10,131 263 1160429BB AC/MC–130J ...... 19,647 19,647 264 1160474BB SOF COMMUNICATIONS EQUIPMENT AND ELECTRONICS SYSTEMS ...... 2,225 2,225 265 1160476BB SOF TACTICAL RADIO SYSTEMS ...... 3,036 3,036 266 1160477BB SOF WEAPONS SYSTEMS ...... 1,511 1,511 267 1160478BB SOF SOLDIER PROTECTION AND SURVIVAL SYSTEMS ...... 4,263 4,263 268 1160479BB SOF VISUAL AUGMENTATION, LASERS AND SENSOR SYSTEMS ...... 4,448 4,448 269 1160480BB SOF TACTICAL VEHICLES ...... 11,325 11,325 270 1160481BB SOF MUNITIONS...... 1,515 1,515 271 1160482BB SOF ROTARY WING AVIATION ...... 24,430 24,430 272 1160483BB SOF UNDERWATER SYSTEMS ...... 26,405 34,405 Transfer from PDW Line 64 at USSOCOM request ...... [8,000] 273 1160484BB SOF SURFACE CRAFT ...... 8,573 8,573 274 1160488BB SOF MILITARY INFORMATION SUPPORT OPERATIONS ...... 0 0 275 1160489BB SOF GLOBAL VIDEO SURVEILLANCE ACTIVITIES ...... 7,620 7,620 276 1160490BB SOF OPERATIONAL ENHANCEMENTS INTELLIGENCE ...... 16,386 16,386 276A 9999999999 CLASSIFIED PROGRAMS...... 3,754,516 3,754,516 SUBTOTAL, OPERATIONAL SYSTEMS DEVELOPMENT ...... 4,667,738 4,676,338

UNDISTRIBUTED UNDISTRIBUTED ...... –100,000 DARPA undistributed reduction ...... [–75,000] DARPA classified programs reduction ...... [–25,000]

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SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars) Program FY 2013 Senate Line Element Item Request Authorized

TOTAL, RESEARCH, DEVELOPMENT, TEST & EVAL, DW ...... 17,982,161 18,444,261

OPERATIONAL TEST & EVAL, DEFENSE RDT&E MANAGEMENT SUPPORT 001 0605118OTE OPERATIONAL TEST AND EVALUATION ...... 72,501 76,501 NCR transition ...... [4,000] 002 0605131OTE LIVE FIRE TEST AND EVALUATION ...... 49,201 49,201 003 0605814OTE OPERATIONAL TEST ACTIVITIES AND ANALYSES ...... 63,566 63,566 TOTAL, OPERATIONAL TEST & EVAL, DEFENSE ...... 185,268 189,268

TOTAL, RESEARCH, DEVELOPMENT, TEST & EVAL ...... 69,407,767 69,286,218

SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTINGENCY OPERATIONS.

SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars) Program FY 2013 Senate Line Element Item Request Authorized

RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 060 0603747A SOLDIER SUPPORT AND SURVIVABILITY ...... 19,860 19,860 SUBTOTAL, ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES ...... 19,860 19,860 TOTAL, RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY ...... 19,860 19,860

RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 056 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT ...... 4,600 4,600 SUBTOTAL, ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES ...... 4,600 4,600

SYSTEM DEVELOPMENT & DEMONSTRATION 131 0604771N MEDICAL DEVELOPMENT...... 2,173 2,173 SUBTOTAL, SYSTEM DEVELOPMENT & DEMONSTRATION ...... 2,173 2,173

RDT&E MANAGEMENT SUPPORT 160 0605866N NAVY SPACE AND ELECTRONIC WARFARE (SEW) SUPPORT ...... 5,200 5,200 SUBTOTAL, RDT&E MANAGEMENT SUPPORT ...... 5,200 5,200

OPERATIONAL SYSTEMS DEVELOPMENT 195 0206624M MARINE CORPS COMBAT SERVICES SUPPORT ...... 6,762 6,762 221 0305233N RQ–7 UAV...... 7,600 7,600 230A 9999999999 CLASSIFIED PROGRAMS...... 33,784 33,784 SUBTOTAL, OPERATIONAL SYSTEMS DEVELOPMENT ...... 48,146 48,146 TOTAL, RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY ...... 60,119 60,119

RESEARCH, DEVELOPMENT, TEST & EVAL, AF OPERATIONAL SYSTEMS DEVELOPMENT 249A 9999999999 CLASSIFIED PROGRAMS...... 53,150 53,150 SUBTOTAL, OPERATIONAL SYSTEMS DEVELOPMENT ...... 53,150 53,150 TOTAL, RESEARCH, DEVELOPMENT, TEST & EVAL, AF ...... 53,150 53,150

RESEARCH, DEVELOPMENT, TEST & EVAL, DW OPERATIONAL SYSTEMS DEVELOPMENT 239 0305231BB MQ–8 UAV...... 5,000 5,000 276A 9999999999 CLASSIFIED PROGRAMS...... 107,387 107,387 SUBTOTAL, OPERATIONAL SYSTEMS DEVELOPMENT ...... 112,387 112,387 TOTAL, RESEARCH, DEVELOPMENT, TEST & EVAL, DW ...... 112,387 112,387

TOTAL, RESEARCH, DEVELOPMENT, TEST & EVAL ...... 245,516 245,516

TITLE XLIII—OPERATION AND MAINTENANCE SEC. 4301. OPERATION AND MAINTENANCE.

SEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars) FY 2013 Senate Line Item Request Authorized

OPERATION & MAINTENANCE, ARMY OPERATING FORCES 010 MANEUVER UNITS...... 1,223,087 1,223,087 020 MODULAR SUPPORT BRIGADES ...... 80,574 80,574 030 ECHELONS ABOVE BRIGADE ...... 723,039 723,039 040 THEATER LEVEL ASSETS ...... 706,974 706,974 050 LAND FORCES OPERATIONS SUPPORT ...... 1,226,650 1,226,650 060 AVIATION ASSETS...... 1,319,832 1,319,832 070 FORCE READINESS OPERATIONS SUPPORT ...... 3,447,174 3,447,174 080 LAND FORCES SYSTEMS READINESS ...... 454,774 454,774 090 LAND FORCES DEPOT MAINTENANCE ...... 1,762,757 1,762,757 100 BASE OPERATIONS SUPPORT ...... 7,401,613 7,401,613 110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ...... 3,041,074 3,041,074

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SEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars) FY 2013 Senate Line Item Request Authorized

120 MANAGEMENT AND OPERATIONAL HQ’S ...... 410,171 410,171 130 COMBATANT COMMANDERS CORE OPERATIONS ...... 177,819 177,819 140 ADDITIONAL ACTIVITIES...... 0 0 150 COMMANDERS EMERGENCY RESPONSE PROGRAM ...... 0 0 160 RESET ...... 0 0 170 COMBATANT COMMANDERS ANCILLARY MISSIONS ...... 461,333 461,333 SUBTOTAL, OPERATING FORCES ...... 22,436,871 22,436,871

MOBILIZATION 180 STRATEGIC MOBILITY...... 405,496 405,496 190 ARMY PREPOSITIONING STOCKS ...... 195,349 195,349 200 INDUSTRIAL PREPAREDNESS...... 6,379 6,379 SUBTOTAL, MOBILIZATION ...... 607,224 607,224

TRAINING AND RECRUITING 210 OFFICER ACQUISITION...... 112,866 112,866 220 RECRUIT TRAINING...... 73,265 73,265 230 ONE STATION UNIT TRAINING ...... 51,227 51,227 240 SENIOR RESERVE OFFICERS TRAINING CORPS ...... 443,306 443,306 250 SPECIALIZED SKILL TRAINING ...... 1,099,556 1,099,556 260 FLIGHT TRAINING...... 1,130,627 1,130,627 270 PROFESSIONAL DEVELOPMENT EDUCATION ...... 191,683 191,683 280 TRAINING SUPPORT...... 652,095 652,095 290 RECRUITING AND ADVERTISING ...... 507,510 507,510 300 EXAMINING ...... 156,964 156,964 310 OFF-DUTY AND VOLUNTARY EDUCATION ...... 244,343 244,343 320 CIVILIAN EDUCATION AND TRAINING ...... 212,477 212,477 330 JUNIOR ROTC...... 182,691 182,691 SUBTOTAL, TRAINING AND RECRUITING ...... 5,058,610 5,058,610

ADMIN & SRVWIDE ACTIVITIES 350 SERVICEWIDE TRANSPORTATION...... 601,331 601,331 360 CENTRAL SUPPLY ACTIVITIES ...... 741,324 741,324 370 LOGISTIC SUPPORT ACTIVITIES ...... 610,136 610,136 380 AMMUNITION MANAGEMENT...... 478,707 478,707 390 ADMINISTRATION ...... 556,307 539,107 GFEBS realignment per Army request ...... [–17,200] 400 SERVICEWIDE COMMUNICATIONS...... 1,547,925 1,547,925 410 MANPOWER MANAGEMENT...... 362,205 362,205 420 OTHER PERSONNEL SUPPORT ...... 220,754 220,754 430 OTHER SERVICE SUPPORT ...... 1,153,556 1,145,456 Decrease for ahead of need request ...... [–8,100] 440 ARMY CLAIMS ACTIVITIES ...... 250,970 250,970 450 REAL ESTATE MANAGEMENT ...... 222,351 222,351 460 BASE OPERATIONS SUPPORT ...... 222,379 222,379 470 SUPPORT OF NATO OPERATIONS ...... 459,710 459,710 480 MISC. SUPPORT OF OTHER NATIONS ...... 25,637 25,637 490 CLASSIFIED PROGRAMS...... 1,052,595 1,052,595 SUBTOTAL, ADMIN & SRVWIDE ACTIVITIES ...... 8,505,887 8,480,587

UNDISTRIBUTED UNDISTRIBUTED ...... –120,000 Unobligated balances ...... [–120,000]

TOTAL, OPERATION & MAINTENANCE, ARMY ...... 36,608,592 36,463,292

OPERATION & MAINTENANCE, NAVY OPERATING FORCES 010 MISSION AND OTHER FLIGHT OPERATIONS ...... 4,918,144 4,918,144 020 FLEET AIR TRAINING ...... 1,886,825 1,886,825 030 AVIATION TECHNICAL DATA & ENGINEERING SERVICES ...... 44,032 44,032 040 AIR OPERATIONS AND SAFETY SUPPORT ...... 101,565 101,565 050 AIR SYSTEMS SUPPORT ...... 374,827 374,827 060 AIRCRAFT DEPOT MAINTENANCE ...... 960,802 960,802 070 AIRCRAFT DEPOT OPERATIONS SUPPORT ...... 37,545 37,545 080 AVIATION LOGISTICS...... 328,805 328,805 090 MISSION AND OTHER SHIP OPERATIONS ...... 4,686,535 4,686,535 100 SHIP OPERATIONS SUPPORT & TRAINING ...... 769,204 769,204 110 SHIP DEPOT MAINTENANCE ...... 5,089,981 5,089,981 120 SHIP DEPOT OPERATIONS SUPPORT ...... 1,315,366 1,315,366 130 COMBAT COMMUNICATIONS...... 619,909 619,909 140 ELECTRONIC WARFARE...... 92,364 92,364 150 SPACE SYSTEMS AND SURVEILLANCE ...... 174,437 174,437 160 WARFARE TACTICS...... 441,035 441,035

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SEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars) FY 2013 Senate Line Item Request Authorized

170 OPERATIONAL METEOROLOGY AND OCEANOGRAPHY ...... 333,554 333,554 180 COMBAT SUPPORT FORCES ...... 910,087 910,087 190 EQUIPMENT MAINTENANCE...... 167,158 167,158 200 DEPOT OPERATIONS SUPPORT ...... 4,183 4,183 210 COMBATANT COMMANDERS CORE OPERATIONS ...... 95,528 95,528 220 COMBATANT COMMANDERS DIRECT MISSION SUPPORT ...... 204,569 204,569 230 CRUISE MISSILE...... 111,884 111,884 240 FLEET BALLISTIC MISSILE ...... 1,181,038 1,181,038 250 IN-SERVICE WEAPONS SYSTEMS SUPPORT ...... 87,606 87,606 260 WEAPONS MAINTENANCE...... 519,583 519,583 270 OTHER WEAPON SYSTEMS SUPPORT ...... 300,435 300,435 280 ENTERPRISE INFORMATION...... 1,077,924 1,077,924 290 SUSTAINMENT, RESTORATION AND MODERNIZATION ...... 2,101,279 2,101,279 300 BASE OPERATING SUPPORT ...... 4,822,093 4,822,093 SUBTOTAL, OPERATING FORCES ...... 33,758,297 33,758,297

MOBILIZATION 310 SHIP PREPOSITIONING AND SURGE ...... 334,659 334,659 320 AIRCRAFT ACTIVATIONS/INACTIVATIONS...... 6,562 6,562 330 SHIP ACTIVATIONS/INACTIVATIONS...... 1,066,329 1,066,329 340 EXPEDITIONARY HEALTH SERVICES SYSTEMS ...... 83,901 83,901 350 INDUSTRIAL READINESS...... 2,695 2,695 360 COAST GUARD SUPPORT ...... 23,502 23,502 SUBTOTAL, MOBILIZATION ...... 1,517,648 1,517,648

TRAINING AND RECRUITING 370 OFFICER ACQUISITION...... 147,807 147,807 380 RECRUIT TRAINING...... 10,473 10,473 390 RESERVE OFFICERS TRAINING CORPS ...... 139,220 139,220 400 SPECIALIZED SKILL TRAINING ...... 582,177 582,177 410 FLIGHT TRAINING...... 5,456 5,456 420 PROFESSIONAL DEVELOPMENT EDUCATION ...... 170,746 170,746 430 TRAINING SUPPORT...... 153,403 153,403 440 RECRUITING AND ADVERTISING ...... 241,329 241,329 450 OFF-DUTY AND VOLUNTARY EDUCATION ...... 108,226 108,226 460 CIVILIAN EDUCATION AND TRAINING ...... 105,776 105,776 470 JUNIOR ROTC...... 51,817 51,817 SUBTOTAL, TRAINING AND RECRUITING ...... 1,716,430 1,716,430

ADMIN & SRVWD ACTIVITIES 480 ADMINISTRATION ...... 797,177 797,177 490 EXTERNAL RELATIONS...... 12,872 12,872 500 CIVILIAN MANPOWER AND PERSONNEL MANAGEMENT ...... 120,181 120,181 510 MILITARY MANPOWER AND PERSONNEL MANAGEMENT ...... 235,753 235,753 520 OTHER PERSONNEL SUPPORT ...... 263,060 263,060 530 SERVICEWIDE COMMUNICATIONS...... 363,213 363,213 540 MEDICAL ACTIVITIES...... 0 0 550 SERVICEWIDE TRANSPORTATION...... 182,343 182,343 560 ENVIRONMENTAL PROGRAMS...... 0 0 570 PLANNING, ENGINEERING AND DESIGN ...... 282,464 282,464 580 ACQUISITION AND PROGRAM MANAGEMENT ...... 1,092,123 1,092,123 590 HULL, MECHANICAL AND ELECTRICAL SUPPORT ...... 53,560 53,560 600 COMBAT/WEAPONS SYSTEMS...... 25,299 25,299 610 SPACE AND ELECTRONIC WARFARE SYSTEMS ...... 64,418 64,418 620 NAVAL INVESTIGATIVE SERVICE ...... 580,042 580,042 680 INTERNATIONAL HEADQUARTERS AND AGENCIES ...... 4,984 4,984 690 CANCELLED ACCOUNT ADJUSTMENTS ...... 0 0 700 JUDGEMENT FUND...... 0 0 710 CLASSIFIED PROGRAMS...... 537,079 537,079 SUBTOTAL, ADMIN & SRVWD ACTIVITIES ...... 4,614,568 4,614,568

UNDISTRIBUTED UNDISTRIBUTED ...... –23,000 Unobligated balances ...... [–23,000]

TOTAL, OPERATION & MAINTENANCE, NAVY ...... 41,606,943 41,583,943

OPERATION & MAINTENANCE, MARINE CORPS OPERATING FORCES 010 OPERATIONAL FORCES...... 788,055 788,055 020 FIELD LOGISTICS...... 762,614 762,614 030 DEPOT MAINTENANCE...... 168,447 168,447 040 MARITIME PREPOSITIONING...... 100,374 100,374 050 SUSTAINMENT, RESTORATION & MODERNIZATION ...... 825,039 825,039

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SEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars) FY 2013 Senate Line Item Request Authorized

060 BASE OPERATING SUPPORT ...... 2,188,883 2,188,883 SUBTOTAL, OPERATING FORCES ...... 4,833,412 4,833,412

TRAINING AND RECRUITING 070 RECRUIT TRAINING...... 18,251 18,251 080 OFFICER ACQUISITION...... 869 869 090 SPECIALIZED SKILL TRAINING ...... 80,914 80,914 100 PROFESSIONAL DEVELOPMENT EDUCATION ...... 42,744 42,744 110 TRAINING SUPPORT...... 292,150 292,150 120 RECRUITING AND ADVERTISING ...... 168,609 168,609 130 OFF-DUTY AND VOLUNTARY EDUCATION ...... 56,865 56,865 140 JUNIOR ROTC...... 19,912 19,912 SUBTOTAL, TRAINING AND RECRUITING ...... 680,314 680,314

ADMIN & SRVWD ACTIVITIES 150 SERVICEWIDE TRANSPORTATION...... 39,962 39,962 170 ACQUISITION AND PROGRAM MANAGEMENT ...... 83,404 83,404 180 CANCELLED ACCOUNT ADJUSTMENT ...... 0 0 190 CLASSIFIED PROGRAMS...... 346,071 346,071 SUBTOTAL, ADMIN & SRVWD ACTIVITIES ...... 469,437 469,437

TOTAL, OPERATION & MAINTENANCE, MARINE CORPS ...... 5,983,163 5,983,163

OPERATION & MAINTENANCE, AIR FORCE OPERATING FORCES 010 PRIMARY COMBAT FORCES ...... 2,973,141 2,973,141 020 COMBAT ENHANCEMENT FORCES ...... 1,611,032 1,611,032 030 AIR OPERATIONS TRAINING (OJT, MAINTAIN SKILLS) ...... 1,472,806 1,472,806 040 DEPOT MAINTENANCE...... 5,545,470 5,545,470 050 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ...... 1,353,987 1,353,987 060 BASE SUPPORT...... 2,595,032 2,595,032 070 GLOBAL C3I AND EARLY WARNING ...... 957,040 957,040 080 OTHER COMBAT OPS SPT PROGRAMS ...... 916,200 916,200 090 JCS EXERCISES...... 0 0 100 TACTICAL INTEL AND OTHER SPECIAL ACTIVITIES ...... 733,716 733,716 110 LAUNCH FACILITIES...... 314,490 314,490 120 SPACE CONTROL SYSTEMS ...... 488,762 488,762 130 COMBATANT COMMANDERS DIRECT MISSION SUPPORT ...... 862,979 862,979 140 COMBATANT COMMANDERS CORE OPERATIONS ...... 222,429 222,429 SUBTOTAL, OPERATING FORCES ...... 20,047,084 20,047,084

MOBILIZATION 150 AIRLIFT OPERATIONS...... 1,785,379 1,785,379 160 MOBILIZATION PREPAREDNESS...... 154,049 154,049 170 DEPOT MAINTENANCE...... 1,477,396 1,477,396 180 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ...... 309,699 309,699 190 BASE SUPPORT...... 707,574 707,574 SUBTOTAL, MOBILIZATION ...... 4,434,097 4,434,097

TRAINING AND RECRUITING 200 OFFICER ACQUISITION...... 115,427 115,427 210 RECRUIT TRAINING...... 17,619 17,619 220 RESERVE OFFICERS TRAINING CORPS (ROTC) ...... 92,949 92,949 230 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ...... 336,433 336,433 240 BASE SUPPORT...... 842,441 842,441 250 SPECIALIZED SKILL TRAINING ...... 482,634 482,634 260 FLIGHT TRAINING...... 750,609 750,609 270 PROFESSIONAL DEVELOPMENT EDUCATION ...... 235,114 235,114 280 TRAINING SUPPORT...... 101,231 101,231 290 DEPOT MAINTENANCE...... 233,330 233,330 300 JUDGEMENT FUND...... 0 0 310 RECRUITING AND ADVERTISING ...... 130,217 130,217 320 EXAMINING ...... 2,738 2,738 330 OFF-DUTY AND VOLUNTARY EDUCATION ...... 155,170 155,170 340 CIVILIAN EDUCATION AND TRAINING ...... 175,147 175,147 350 JUNIOR ROTC...... 74,809 74,809 SUBTOTAL, TRAINING AND RECRUITING ...... 3,745,868 3,745,868

ADMIN & SRVWD ACTIVITIES 360 LOGISTICS OPERATIONS...... 1,029,734 1,029,734 370 TECHNICAL SUPPORT ACTIVITIES ...... 913,843 913,843 390 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ...... 303,610 303,610 400 BASE SUPPORT...... 1,266,800 1,266,800 410 ADMINISTRATION ...... 587,654 587,654

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SEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars) FY 2013 Senate Line Item Request Authorized

420 SERVICEWIDE COMMUNICATIONS...... 667,910 667,910 430 OTHER SERVICEWIDE ACTIVITIES ...... 1,094,509 1,094,509 440 CIVIL AIR PATROL ...... 23,904 23,904 450 JUDGEMENT FUND REIMBURSEMENT ...... 0 0 470 INTERNATIONAL SUPPORT...... 81,307 81,307 480 CLASSIFIED PROGRAMS...... 1,239,040 1,239,040 SUBTOTAL, ADMIN & SRVWD ACTIVITIES ...... 7,208,311 7,208,311

UNDISTRIBUTED UNDISTRIBUTED ...... –32,000 Unobligated balances ...... [–32,000]

TOTAL, OPERATION & MAINTENANCE, AIR FORCE ...... 35,435,360 35,403,360

OPERATION & MAINTENANCE, DEFENSE-WIDE OPERATING FORCES 010 JOINT CHIEFS OF STAFF ...... 485,708 485,708 020 SPECIAL OPERATIONS COMMAND ...... 0 5,107,501 Transfer from Line 025 ...... [5,091,001] USSOCOM UFR ...... [16,500] 025 CLASSIFIED PROGRAMS...... 5,091,001 0 Transfer to Line 020 ...... [–5,091,001] SUBTOTAL, OPERATING FORCES ...... 5,576,709 5,593,209

TRAINING AND RECRUITING 030 DEFENSE ACQUISITION UNIVERSITY ...... 147,210 147,210 040 NATIONAL DEFENSE UNIVERSITY ...... 84,999 84,999 SUBTOTAL, TRAINING AND RECRUITING ...... 232,209 232,209

ADMIN & SRVWD ACTIVITIES 050 CIVIL MILITARY PROGRAMS ...... 161,294 161,294 070 DEFENSE BUSINESS TRANSFORMATION AGENCY ...... 0 0 080 DEFENSE CONTRACT AUDIT AGENCY ...... 573,973 573,973 090 DEFENSE CONTRACT MANAGEMENT AGENCY ...... 1,293,196 1,293,196 100 DEFENSE FINANCE AND ACCOUNTING SERVICE ...... 17,513 17,513 110 DEFENSE HUMAN RESOURCES ACTIVITY ...... 676,186 676,186 120 DEFENSE INFORMATION SYSTEMS AGENCY ...... 1,346,847 1,346,847 140 DEFENSE LEGAL SERVICES AGENCY ...... 35,137 35,137 150 DEFENSE LOGISTICS AGENCY ...... 431,893 431,893 160 DEFENSE MEDIA ACTIVITY ...... 224,013 224,013 170 DEFENSE POW/MIA OFFICE ...... 21,964 21,964 180 DEFENSE SECURITY COOPERATION AGENCY ...... 557,917 540,317 Program decrease—Defense Security Assessment ...... [–2,600] Program decrease—Global Train and Equip ...... [–15,000] 190 DEFENSE SECURITY SERVICE ...... 506,662 Transfer from Line 280 ...... [506,662] 200 DEFENSE TECHNOLOGY SECURITY ADMINISTRATION ...... 35,319 35,319 210 DEFENSE THREAT REDUCTION AGENCY ...... 443,382 Transfer from Line 280 ...... [443,382] 220 DEPARTMENT OF DEFENSE EDUCATION ACTIVITY ...... 2,744,971 2,744,971 230 MISSILE DEFENSE AGENCY ...... 259,975 259,975 250 OFFICE OF ECONOMIC ADJUSTMENT ...... 253,437 114,037 Decrease for ahead of need request ...... [–139,400] 260 OFFICE OF THE SECRETARY OF DEFENSE ...... 2,095,362 2,095,362 270 WASHINGTON HEADQUARTERS SERVICE ...... 521,297 521,297 280 CLASSIFIED PROGRAMS...... 14,933,801 14,158,757 Transfer to Line 190 ...... [–506,662] Transfer to Line 210 ...... [–443,382] Commercial imagery service level agreement ...... [125,000] Additional ISR Support to Operation Observant Compass ...... [50,000] SUBTOTAL, ADMIN & SRVWD ACTIVITIES ...... 26,184,095 26,202,095

UNDISTRIBUTED UNDISTRIBUTED ...... 5,000 Unobligated balances ...... [–25,000] Impact aid for schools with military dependent students ...... [25,000] Impact aid for children with severe disabilities ...... [5,000]

TOTAL, OPERATION & MAINTENANCE, DEFENSE-WIDE ...... 31,993,013 32,032,513

OPERATION & MAINTENANCE, ARMY RES OPERATING FORCES 010 MANEUVER UNITS...... 1,391 1,391 020 MODULAR SUPPORT BRIGADES ...... 20,889 20,889

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SEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars) FY 2013 Senate Line Item Request Authorized

030 ECHELONS ABOVE BRIGADE ...... 592,724 592,724 040 THEATER LEVEL ASSETS ...... 114,983 114,983 050 LAND FORCES OPERATIONS SUPPORT ...... 633,091 633,091 060 AVIATION ASSETS...... 76,823 76,823 070 FORCE READINESS OPERATIONS SUPPORT ...... 481,997 481,997 080 LAND FORCES SYSTEMS READINESS ...... 70,118 70,118 090 LAND FORCES DEPOT MAINTENANCE ...... 141,205 141,205 100 BASE OPERATIONS SUPPORT ...... 561,878 561,878 110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ...... 287,399 287,399 120 MANAGEMENT AND OPERATIONAL HQ’S ...... 52,431 52,431 130 ADDITIONAL ACTIVITIES...... 0 0 SUBTOTAL, OPERATING FORCES ...... 3,034,929 3,034,929

ADMIN & SRVWD ACTIVITIES 140 SERVICEWIDE TRANSPORTATION...... 12,995 12,995 150 ADMINISTRATION ...... 32,432 32,432 160 SERVICEWIDE COMMUNICATIONS...... 4,895 4,895 170 MANPOWER MANAGEMENT...... 16,074 16,074 180 RECRUITING AND ADVERTISING ...... 60,683 60,683 SUBTOTAL, ADMIN & SRVWD ACTIVITIES ...... 127,079 127,079 TOTAL, OPERATION & MAINTENANCE, ARMY RES ...... 3,162,008 3,162,008

OPERATION & MAINTENANCE, NAVY RES OPERATING FORCES 010 MISSION AND OTHER FLIGHT OPERATIONS ...... 616,776 616,776 020 INTERMEDIATE MAINTENANCE...... 15,076 15,076 030 AIR OPERATIONS AND SAFETY SUPPORT ...... 1,479 1,479 040 AIRCRAFT DEPOT MAINTENANCE ...... 107,251 107,251 050 AIRCRAFT DEPOT OPERATIONS SUPPORT ...... 355 355 060 MISSION AND OTHER SHIP OPERATIONS ...... 82,186 82,186 070 SHIP OPERATIONS SUPPORT & TRAINING ...... 589 589 080 SHIP DEPOT MAINTENANCE ...... 48,593 48,593 090 COMBAT COMMUNICATIONS...... 15,274 15,274 100 COMBAT SUPPORT FORCES ...... 124,917 124,917 110 WEAPONS MAINTENANCE...... 1,978 1,978 120 ENTERPRISE INFORMATION...... 43,699 43,699 130 SUSTAINMENT, RESTORATION AND MODERNIZATION ...... 60,646 60,646 140 BASE OPERATING SUPPORT ...... 105,227 105,227 SUBTOTAL, OPERATING FORCES ...... 1,224,046 1,224,046

ADMIN & SRVWD ACTIVITIES 150 ADMINISTRATION ...... 3,117 3,117 160 MILITARY MANPOWER AND PERSONNEL MANAGEMENT ...... 14,337 14,337 170 SERVICEWIDE COMMUNICATIONS...... 2,392 2,392 180 ACQUISITION AND PROGRAM MANAGEMENT ...... 3,090 3,090 SUBTOTAL, ADMIN & SRVWD ACTIVITIES ...... 22,936 22,936 TOTAL, OPERATION & MAINTENANCE, NAVY RES ...... 1,246,982 1,246,982

OPERATION & MAINTENANCE, MC RESERVE OPERATING FORCES 010 OPERATING FORCES...... 89,690 89,690 020 DEPOT MAINTENANCE...... 16,735 16,735 030 SUSTAINMENT, RESTORATION AND MODERNIZATION ...... 37,913 37,913 040 BASE OPERATING SUPPORT ...... 103,746 103,746 SUBTOTAL, OPERATING FORCES ...... 248,084 248,084

ADMIN & SRVWD ACTIVITIES 050 SERVICEWIDE TRANSPORTATION...... 873 873 060 ADMINISTRATION ...... 14,330 14,330 070 RECRUITING AND ADVERTISING ...... 8,998 8,998 080 CANCELLED ACCOUNT ADJUSTMENT ...... 0 0 SUBTOTAL, ADMIN & SRVWD ACTIVITIES ...... 24,201 24,201 TOTAL, OPERATION & MAINTENANCE, MC RESERVE ...... 272,285 272,285

OPERATION & MAINTENANCE, AF RESERVE OPERATING FORCES 010 PRIMARY COMBAT FORCES ...... 2,089,326 2,089,326 020 MISSION SUPPORT OPERATIONS ...... 112,992 112,992 030 DEPOT MAINTENANCE...... 406,101 406,101 040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ...... 71,564 71,564 050 BASE SUPPORT...... 364,862 364,862 SUBTOTAL, OPERATING FORCES ...... 3,044,845 3,044,845

ADMIN & SRVWD ACTIVITIES

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SEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars) FY 2013 Senate Line Item Request Authorized

060 ADMINISTRATION ...... 78,824 78,824 070 RECRUITING AND ADVERTISING ...... 16,020 16,020 080 MILITARY MANPOWER AND PERS MGMT (ARPC) ...... 19,496 19,496 090 OTHER PERS SUPPORT (DISABILITY COMP) ...... 6,489 6,489 100 AUDIOVISUAL ...... 808 808 SUBTOTAL, ADMIN & SRVWD ACTIVITIES ...... 121,637 121,637 TOTAL, OPERATION & MAINTENANCE, AF RESERVE ...... 3,166,482 3,166,482

OPERATION & MAINTENANCE, ARNG OPERATING FORCES 010 MANEUVER UNITS...... 680,206 680,206 020 MODULAR SUPPORT BRIGADES ...... 186,408 186,408 030 ECHELONS ABOVE BRIGADE ...... 865,628 865,628 040 THEATER LEVEL ASSETS ...... 112,651 112,651 050 LAND FORCES OPERATIONS SUPPORT ...... 36,091 36,091 060 AVIATION ASSETS...... 907,011 907,011 070 FORCE READINESS OPERATIONS SUPPORT ...... 751,606 751,606 080 LAND FORCES SYSTEMS READINESS ...... 60,043 60,043 090 LAND FORCES DEPOT MAINTENANCE ...... 411,940 411,940 100 BASE OPERATIONS SUPPORT ...... 995,423 995,423 110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ...... 688,189 688,189 120 MANAGEMENT AND OPERATIONAL HQ’S ...... 953,716 953,716 SUBTOTAL, OPERATING FORCES ...... 6,648,912 6,648,912

ADMIN & SRVWD ACTIVITIES 130 SERVICEWIDE TRANSPORTATION...... 11,806 11,806 140 REAL ESTATE MANAGEMENT ...... 1,656 1,656 150 ADMINISTRATION ...... 89,358 89,358 160 SERVICEWIDE COMMUNICATIONS...... 39,513 39,513 170 MANPOWER MANAGEMENT...... 7,224 7,224 180 RECRUITING AND ADVERTISING ...... 310,143 310,143 SUBTOTAL, ADMIN & SRVWD ACTIVITIES ...... 459,700 459,700 TOTAL, OPERATION & MAINTENANCE, ARNG ...... 7,108,612 7,108,612

OPERATION & MAINTENANCE, ANG OPERATING FORCES 010 AIRCRAFT OPERATIONS...... 3,559,824 3,559,824 020 MISSION SUPPORT OPERATIONS ...... 721,225 721,225 030 DEPOT MAINTENANCE...... 774,875 774,875 040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ...... 270,709 270,709 050 BASE SUPPORT...... 624,443 624,443 SUBTOTAL, OPERATING FORCES ...... 5,951,076 5,951,076

ADMIN & SRVWD ACTIVITIES 060 ADMINISTRATION ...... 32,358 32,358 070 RECRUITING AND ADVERTISING ...... 32,021 32,021 SUBTOTAL, ADMIN & SRVWD ACTIVITIES ...... 64,379 64,379 TOTAL, OPERATION & MAINTENANCE, ANG ...... 6,015,455 6,015,455

MISCELLANEOUS APPROPRIATIONS 010 US COURT OF APPEALS FOR THE ARMED FORCES, DEFENSE ...... 13,516 13,516 040 ACQ WORKFORCE DEV FD ...... 274,198 274,198 020 OVERSEAS HUMANITARIAN, DISASTER AND CIVIC AID ...... 108,759 108,759 030 COOPERATIVE THREAT REDUCTION ...... 519,111 519,111 050 ENVIRONMENTAL RESTORATION, ARMY ...... 335,921 335,921 060 ENVIRONMENTAL RESTORATION, NAVY ...... 310,594 310,594 070 ENVIRONMENTAL RESTORATION, AIR FORCE ...... 529,263 529,263 080 ENVIRONMENTAL RESTORATION, DEFENSE ...... 11,133 11,133 090 ENVIRONMENTAL RESTORATION FORMERLY USED SITES ...... 237,543 237,543 TOTAL, MISCELLANEOUS APPROPRIATIONS ...... 2,340,038 2,340,038

TOTAL, OPERATION & MAINTENANCE ...... 174,938,933 174,778,133

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS.

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars) FY 2013 Senate Line Item Request Authorized

OPERATION & MAINTENANCE, ARMY OPERATING FORCES 040 THEATER LEVEL ASSETS ...... 2,758,162 2,758,162 050 LAND FORCES OPERATIONS SUPPORT ...... 991,396 991,396 060 AVIATION ASSETS...... 40,300 40,300

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SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars) FY 2013 Senate Line Item Request Authorized

070 FORCE READINESS OPERATIONS SUPPORT ...... 1,755,445 1,755,445 080 LAND FORCES SYSTEMS READINESS ...... 307,244 307,244 100 BASE OPERATIONS SUPPORT ...... 393,165 393,165 110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ...... 250,000 250,000 140 ADDITIONAL ACTIVITIES...... 12,524,137 12,524,137 150 COMMANDERS EMERGENCY RESPONSE PROGRAM ...... 400,000 200,000 Program decrease ...... [–200,000] 160 RESET ...... 3,687,973 3,687,973 SUBTOTAL, OPERATING FORCES ...... 23,107,822 22,907,822

ADMIN & SRVWIDE ACTIVITIES 350 SERVICEWIDE TRANSPORTATION...... 3,238,310 3,238,310 360 CENTRAL SUPPLY ACTIVITIES ...... 129,000 129,000 380 AMMUNITION MANAGEMENT...... 78,022 78,022 420 OTHER PERSONNEL SUPPORT ...... 137,277 97,277 Transfer to OPA OCO Line 061 at SOUTHCOM request ...... [–40,000] 430 OTHER SERVICE SUPPORT ...... 72,293 72,293 490 CLASSIFIED PROGRAMS...... 1,828,717 1,828,717 SUBTOTAL, ADMIN & SRVWIDE ACTIVITIES ...... 5,483,619 5,443,619 TOTAL, OPERATION & MAINTENANCE, ARMY ...... 28,591,441 28,351,441

OPERATION & MAINTENANCE, NAVY OPERATING FORCES 010 MISSION AND OTHER FLIGHT OPERATIONS ...... 937,098 937,098 030 AVIATION TECHNICAL DATA & ENGINEERING SERVICES ...... 1,000 1,000 040 AIR OPERATIONS AND SAFETY SUPPORT ...... 15,794 15,794 050 AIR SYSTEMS SUPPORT ...... 19,013 19,013 060 AIRCRAFT DEPOT MAINTENANCE ...... 201,912 201,912 070 AIRCRAFT DEPOT OPERATIONS SUPPORT ...... 3,000 3,000 080 AVIATION LOGISTICS...... 44,150 44,150 090 MISSION AND OTHER SHIP OPERATIONS ...... 463,738 463,738 100 SHIP OPERATIONS SUPPORT & TRAINING ...... 24,774 24,774 110 SHIP DEPOT MAINTENANCE ...... 1,310,010 1,310,010 130 COMBAT COMMUNICATIONS...... 42,965 42,965 160 WARFARE TACTICS...... 25,970 25,970 170 OPERATIONAL METEOROLOGY AND OCEANOGRAPHY ...... 19,226 19,226 180 COMBAT SUPPORT FORCES ...... 1,668,359 1,668,359 190 EQUIPMENT MAINTENANCE...... 7,954 7,954 250 IN-SERVICE WEAPONS SYSTEMS SUPPORT ...... 94,655 94,655 260 WEAPONS MAINTENANCE...... 303,087 303,087 290 SUSTAINMENT, RESTORATION AND MODERNIZATION ...... 3,218 3,218 300 BASE OPERATING SUPPORT ...... 143,442 143,442 SUBTOTAL, OPERATING FORCES ...... 5,329,365 5,329,365

MOBILIZATION 340 EXPEDITIONARY HEALTH SERVICES SYSTEMS ...... 31,395 31,395 360 COAST GUARD SUPPORT ...... 254,461 254,461 SUBTOTAL, MOBILIZATION ...... 285,856 285,856

TRAINING AND RECRUITING 400 SPECIALIZED SKILL TRAINING ...... 50,903 50,903 SUBTOTAL, TRAINING AND RECRUITING ...... 50,903 50,903

ADMIN & SRVWD ACTIVITIES 480 ADMINISTRATION ...... 1,377 1,377 490 EXTERNAL RELATIONS...... 487 487 510 MILITARY MANPOWER AND PERSONNEL MANAGEMENT ...... 6,022 6,022 520 OTHER PERSONNEL SUPPORT ...... 3,514 3,514 550 SERVICEWIDE TRANSPORTATION...... 184,864 184,864 580 ACQUISITION AND PROGRAM MANAGEMENT ...... 2,026 2,026 620 NAVAL INVESTIGATIVE SERVICE ...... 1,425 1,425 710 CLASSIFIED PROGRAMS...... 14,556 14,556 SUBTOTAL, ADMIN & SRVWD ACTIVITIES ...... 214,271 214,271 TOTAL, OPERATION & MAINTENANCE, NAVY ...... 5,880,395 5,880,395

OPERATION & MAINTENANCE, MARINE CORPS OPERATING FORCES 010 OPERATIONAL FORCES...... 1,921,258 1,921,258 020 FIELD LOGISTICS...... 1,094,028 1,094,028 030 DEPOT MAINTENANCE...... 222,824 222,824 060 BASE OPERATING SUPPORT ...... 88,690 88,690 SUBTOTAL, OPERATING FORCES ...... 3,326,800 3,326,800

TRAINING AND RECRUITING

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SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars) FY 2013 Senate Line Item Request Authorized

110 TRAINING SUPPORT...... 215,212 215,212 SUBTOTAL, TRAINING AND RECRUITING ...... 215,212 215,212

ADMIN & SRVWD ACTIVITIES 150 SERVICEWIDE TRANSPORTATION...... 512,627 512,627 190 CLASSIFIED PROGRAMS...... 11,701 11,701 SUBTOTAL, ADMIN & SRVWD ACTIVITIES ...... 524,328 524,328 TOTAL, OPERATION & MAINTENANCE, MARINE CORPS ...... 4,066,340 4,066,340

OPERATION & MAINTENANCE, AIR FORCE OPERATING FORCES 010 PRIMARY COMBAT FORCES ...... 1,494,144 1,494,144 020 COMBAT ENHANCEMENT FORCES ...... 809,531 809,531 030 AIR OPERATIONS TRAINING (OJT, MAINTAIN SKILLS) ...... 13,095 13,095 040 DEPOT MAINTENANCE...... 1,403,238 1,403,238 050 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ...... 155,954 155,954 060 BASE SUPPORT...... 342,226 342,226 070 GLOBAL C3I AND EARLY WARNING ...... 15,108 15,108 080 OTHER COMBAT OPS SPT PROGRAMS ...... 271,390 271,390 100 TACTICAL INTEL AND OTHER SPECIAL ACTIVITIES ...... 25,400 25,400 120 SPACE CONTROL SYSTEMS ...... 5,110 5,110 130 COMBATANT COMMANDERS DIRECT MISSION SUPPORT ...... 52,173 52,173 SUBTOTAL, OPERATING FORCES ...... 4,587,369 4,587,369

MOBILIZATION 150 AIRLIFT OPERATIONS...... 3,187,211 3,187,211 160 MOBILIZATION PREPAREDNESS...... 43,509 43,509 170 DEPOT MAINTENANCE...... 554,943 554,943 180 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ...... 4,431 4,431 190 BASE SUPPORT...... 9,256 9,256 SUBTOTAL, MOBILIZATION ...... 3,799,350 3,799,350

TRAINING AND RECRUITING 230 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ...... 424 424 240 BASE SUPPORT...... 1,036 1,036 250 SPECIALIZED SKILL TRAINING ...... 10,923 10,923 260 FLIGHT TRAINING...... 72 72 270 PROFESSIONAL DEVELOPMENT EDUCATION ...... 323 323 280 TRAINING SUPPORT...... 352 352 SUBTOTAL, TRAINING AND RECRUITING ...... 13,130 13,130

ADMIN & SRVWD ACTIVITIES 360 LOGISTICS OPERATIONS...... 100,429 100,429 390 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ...... 47,200 47,200 400 BASE SUPPORT...... 7,242 7,242 410 ADMINISTRATION ...... 1,552 1,552 420 SERVICEWIDE COMMUNICATIONS...... 82,094 82,094 430 OTHER SERVICEWIDE ACTIVITIES ...... 582,977 582,977 480 CLASSIFIED PROGRAMS...... 20,270 20,270 SUBTOTAL, ADMIN & SRVWD ACTIVITIES ...... 841,764 841,764 TOTAL, OPERATION & MAINTENANCE, AIR FORCE ...... 9,241,613 9,241,613

OPERATION & MAINTENANCE, DEFENSE-WIDE OPERATING FORCES 010 JOINT CHIEFS OF STAFF ...... 2,000 2,000 020 SPECIAL OPERATIONS COMMAND ...... 2,503,060 2,503,060 SUBTOTAL, OPERATING FORCES ...... 2,505,060 2,505,060

ADMIN & SRVWD ACTIVITIES 080 DEFENSE CONTRACT AUDIT AGENCY ...... 30,674 30,674 090 DEFENSE CONTRACT MANAGEMENT AGENCY ...... 69,803 69,803 110 DEFENSE HUMAN RESOURCES ACTIVITY ...... 3,334 3,334 120 DEFENSE INFORMATION SYSTEMS AGENCY ...... 152,925 152,925 140 DEFENSE LEGAL SERVICES AGENCY ...... 102,322 102,322 160 DEFENSE MEDIA ACTIVITY ...... 10,823 10,823 180 DEFENSE SECURITY COOPERATION AGENCY ...... 2,200,000 2,200,000 220 DEPARTMENT OF DEFENSE EDUCATION ACTIVITY ...... 139,830 139,830 260 OFFICE OF THE SECRETARY OF DEFENSE ...... 87,805 87,805 280 CLASSIFIED PROGRAMS...... 2,522,003 2,522,003 SUBTOTAL, ADMIN & SRVWD ACTIVITIES ...... 5,319,519 5,319,519 TOTAL, OPERATION & MAINTENANCE, DEFENSE-WIDE ...... 7,824,579 7,824,579

OPERATION & MAINTENANCE, ARMY RES OPERATING FORCES

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SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars) FY 2013 Senate Line Item Request Authorized

030 ECHELONS ABOVE BRIGADE ...... 78,600 78,600 050 LAND FORCES OPERATIONS SUPPORT ...... 20,811 20,811 070 FORCE READINESS OPERATIONS SUPPORT ...... 20,726 20,726 100 BASE OPERATIONS SUPPORT ...... 34,400 34,400 SUBTOTAL, OPERATING FORCES ...... 154,537 154,537 TOTAL, OPERATION & MAINTENANCE, ARMY RES ...... 154,537 154,537

OPERATION & MAINTENANCE, NAVY RES OPERATING FORCES 010 MISSION AND OTHER FLIGHT OPERATIONS ...... 24,834 24,834 020 INTERMEDIATE MAINTENANCE...... 300 300 040 AIRCRAFT DEPOT MAINTENANCE ...... 13,364 13,364 060 MISSION AND OTHER SHIP OPERATIONS ...... 8,213 8,213 080 SHIP DEPOT MAINTENANCE ...... 929 929 100 COMBAT SUPPORT FORCES ...... 8,244 8,244 140 BASE OPERATING SUPPORT ...... 40 40 SUBTOTAL, OPERATING FORCES ...... 55,924 55,924

TOTAL, OPERATION & MAINTENANCE, NAVY RES ...... 55,924 55,924

OPERATION & MAINTENANCE, MC RESERVE OPERATING FORCES 010 OPERATING FORCES...... 22,657 22,657 040 BASE OPERATING SUPPORT ...... 2,820 2,820 SUBTOTAL, OPERATING FORCES ...... 25,477 25,477

TOTAL, OPERATION & MAINTENANCE, MC RESERVE ...... 25,477 25,477

OPERATION & MAINTENANCE, AF RESERVE OPERATING FORCES 010 PRIMARY COMBAT FORCES ...... 7,600 7,600 030 DEPOT MAINTENANCE...... 106,768 106,768 050 BASE SUPPORT...... 6,250 6,250 SUBTOTAL, OPERATING FORCES ...... 120,618 120,618 TOTAL, OPERATION & MAINTENANCE, AF RESERVE ...... 120,618 120,618

OPERATION & MAINTENANCE, ARNG OPERATING FORCES 010 MANEUVER UNITS...... 38,485 38,485 020 MODULAR SUPPORT BRIGADES ...... 1,959 1,959 030 ECHELONS ABOVE BRIGADE ...... 20,076 20,076 040 THEATER LEVEL ASSETS ...... 2,028 2,028 060 AVIATION ASSETS...... 183,811 183,811 070 FORCE READINESS OPERATIONS SUPPORT ...... 43,780 43,780 100 BASE OPERATIONS SUPPORT ...... 70,237 70,237 120 MANAGEMENT AND OPERATIONAL HQ’S ...... 20,072 20,072 SUBTOTAL, OPERATING FORCES ...... 380,448 380,448

ADMIN & SRVWD ACTIVITIES 160 SERVICEWIDE COMMUNICATIONS...... 2,000 2,000 SUBTOTAL, ADMIN & SRVWD ACTIVITIES ...... 2,000 2,000 TOTAL, OPERATION & MAINTENANCE, ARNG ...... 382,448 382,448

OPERATION & MAINTENANCE, ANG OPERATING FORCES 020 MISSION SUPPORT OPERATIONS ...... 19,975 19,975 SUBTOTAL, OPERATING FORCES ...... 19,975 19,975 TOTAL, OPERATION & MAINTENANCE, ANG ...... 19,975 19,975

AFGHANISTAN SECURITY FORCES FUND MINISTRY OF DEFENSE 010 SUSTAINMENT ...... 2,523,825 2,523,825 020 INFRASTRUCTURE ...... 190,000 190,000 030 EQUIPMENT AND TRANSPORTATION ...... 241,521 241,521 040 TRAINING AND OPERATIONS ...... 758,380 758,380 SUBTOTAL, MINISTRY OF DEFENSE ...... 3,713,726 3,713,726

MINISTRY OF INTERIOR 050 SUSTAINMENT ...... 1,305,950 1,305,950 060 INFRASTRUCTURE ...... 50,000 50,000 070 EQUIPMENT AND TRANSPORTATION ...... 84,859 84,859 080 TRAINING AND OPERATIONS ...... 569,868 569,868 SUBTOTAL, MINISTRY OF INTERIOR ...... 2,010,677 2,010,677

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SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars) FY 2013 Senate Line Item Request Authorized

RELATED ACTIVITIES 090 SUSTAINMENT ...... 18,325 18,325 100 INFRASTRUCTUE ...... 1,200 1,200 110 EQUIPMENT & TRANSPORTATION ...... 1,239 1,239 120 TRAINING AND OPERATIONS ...... 4,000 4,000 SUBTOTAL, RELATED ACTIVITIES ...... 24,764 24,764 TOTAL, AFGHANISTAN SECURITY FORCES FUND ...... 5,749,167 5,749,167

AFGHANISTAN INFRASTRUCTURE FUND 010 POWER ...... 400,000 350,000 Program decrease ...... [–50,000] TOTAL, AFGHANISTAN INFRASTRUCTURE FUND ...... 400,000 350,000

TOTAL, OPERATION & MAINTENANCE ...... 62,512,514 62,222,514

TITLE XLIV—MILITARY PERSONNEL SEC. 4401. MILITARY PERSONNEL.

SEC. 4401. MILITARY PERSONNEL (In Thousands of Dollars) FY 2013 Senate Item Request Authorized

MILITARY PERSONNEL ...... 135,111,799 135,117,799 BAH for Full-time Guard Transition to Active Duty ...... [6,000 ]

TOTAL, MILITARY PERSONNEL ...... 135,111,799 135,117,799

SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS

SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars) FY 2013 Senate Item Request Authorized

MILITARY PERSONNEL ...... 14,060,094 14,060,094

TOTAL, MILITARY PERSONNEL ...... 14,060,094 14,060,094

TITLE XLV—OTHER AUTHORIZATIONS SEC. 4501. OTHER AUTHORIZATIONS.

SEC. 4501. OTHER AUTHORIZATIONS (In Thousands of Dollars) FY 2013 Senate Line Item Request Authorized

WORKING CAPITAL FUND, ARMY 010 PREPOSITIONED WAR RESERVE STOCKS ...... 60,037 60,037 TOTAL, WORKING CAPITAL FUND, ARMY ...... 60,037 60,037

WORKING CAPITAL FUND, AIR FORCE 010 C–17 CLS ENGINE REPAIR ...... 0 0 020 TRANSPORTATION FALLEN HEROES ...... 0 0 040 SUPPLIES AND MATERIALS (MEDICAL/DENTAL) ...... 45,452 45,452 TOTAL, WORKING CAPITAL FUND, AIR FORCE ...... 45,452 45,452

WORKING CAPITAL FUND, DEFENSE-WIDE 010 DEFENSE LOGISTICS AGENCY (DLA) ...... 39,135 39,135 TOTAL, WORKING CAPITAL FUND, DEFENSE-WIDE ...... 39,135 39,135

WORKING CAPITAL FUND, DECA 010 WORKING CAPITAL FUND, DECA ...... 1,371,560 1,371,560 TOTAL, WORKING CAPITAL FUND, DECA ...... 1,371,560 1,371,560

NATIONAL DEFENSE SEALIFT FUND 010 T–AKE ...... 0 0 020 MPF MLP...... 38,000 38,000 030 POST DELIVERY AND OUTFITTING ...... 39,386 39,386 040 NATIONAL DEF SEALIFT VESSEL ...... 0 0 050 LG MED SPD RO/RO MAINTENANCE ...... 128,819 128,819 060 DOD MOBILIZATION ALTERATIONS ...... 26,598 26,598 070 TAH MAINTENANCE...... 29,199 29,199 080 RESEARCH AND DEVELOPMENT ...... 42,811 42,811

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SEC. 4501. OTHER AUTHORIZATIONS (In Thousands of Dollars) FY 2013 Senate Line Item Request Authorized

090 READY RESERVE FORCE ...... 303,323 303,323 100 MARAD SHIP FINANCING GUARANTEE PROGRAM ...... 0 0 TOTAL, NATIONAL DEFENSE SEALIFT FUND ...... 608,136 608,136

DEFENSE HEALTH PROGRAM DHP, OPERATION & MAINTENANCE 010 IN-HOUSE CARE...... 8,625,507 8,625,507 020 PRIVATE SECTOR CARE ...... 16,148,263 16,148,263 030 CONSOLIDATED HEALTH SUPPORT ...... 2,309,185 2,309,185 040 INFORMATION MANAGEMENT...... 1,465,328 1,465,328 050 MANAGEMENT ACTIVITIES...... 332,121 332,121 060 EDUCATION AND TRAINING ...... 722,081 722,081 070 BASE OPERATIONS/COMMUNICATIONS...... 1,746,794 1,746,794 070A UNDISTRIBUTED ...... 452,000 Restore DOD assumed Savings for TRICARE Proposals ...... [452,000]

SUBTOTAL, DHP, OPERATION & MAINTENANCE ...... 31,349,279 31,801,279

DHP, RDT&E 080 DEFENSE HEALTH PROGRAM ...... 672,977 672,977 SUBTOTAL, DHP, RDT&E ...... 672,977 672,977

DHP, PROCUREMENT 090 DEFENSE HEALTH PROGRAM ...... 506,462 506,462 SUBTOTAL, DHP, PROCUREMENT TOTAL, DEFENSE HEALTH PROGRAM ...... 32,528,718 32,980,718

CHEM AGENTS & MUNITIONS DESTRUCTION 001 OPERATION & MAINTENANCE ...... 635,843 635,843 002 RDT&E ...... 647,351 647,351 003 PROCUREMENT ...... 18,592 18,592 TOTAL, CHEM AGENTS & MUNITIONS DESTRUCTION ...... 1,301,786 1,301,786

DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF 010 DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF ...... 889,545 863,645 Transfer to Demand Reduction Program ...... [–25,900] 020 DRUG DEMAND REDUCTION PROGRAM ...... 109,818 135,718 Expanded drug testing ...... [25,900] TOTAL, DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF ...... 999,363 999,363

OFFICE OF THE INSPECTOR GENERAL 010 OPERATION & MAINTENANCE ...... 272,821 331,921 DoD IG growth plan ...... [59,100] 020 RDT&E ...... 0 0 030 PROCUREMENT ...... 1,000 1,000 TOTAL, OFFICE OF THE INSPECTOR GENERAL ...... 273,821 332,921

TOTAL, OTHER AUTHORIZATIONS ...... 37,228,008 37,739,108

SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS.

SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars) FY 2013 Senate Line Item Request Authorized

WORKING CAPITAL FUND, ARMY 010 PREPOSITIONED WAR RESERVE STOCKS ...... 42,600 42,600 TOTAL, WORKING CAPITAL FUND, ARMY ...... 42,600 42,600

WORKING CAPITAL FUND, AIR FORCE 010 C–17 CLS ENGINE REPAIR ...... 230,400 230,400 020 TRANSPORTATION FALLEN HEROES ...... 10,000 10,000 TOTAL, WORKING CAPITAL FUND, AIR FORCE ...... 240,400 240,400

WORKING CAPITAL FUND, DEFENSE-WIDE 010 DEFENSE LOGISTICS AGENCY (DLA) ...... 220,364 220,364 TOTAL, WORKING CAPITAL FUND, DEFENSE-WIDE ...... 220,364 220,364

DEFENSE HEALTH PROGRAM DHP, OPERATION & MAINTENANCE 010 IN-HOUSE CARE...... 483,326 483,326 020 PRIVATE SECTOR CARE ...... 376,982 376,982 030 CONSOLIDATED HEALTH SUPPORT ...... 111,675 111,675 040 INFORMATION MANAGEMENT...... 4,773 4,773

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SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars) FY 2013 Senate Line Item Request Authorized

050 MANAGEMENT ACTIVITIES...... 660 660 060 EDUCATION AND TRAINING ...... 15,370 15,370 070 BASE OPERATIONS/COMMUNICATIONS...... 1,112 1,112 SUBTOTAL, DHP, OPERATION & MAINTENANCE TOTAL, DEFENSE HEALTH PROGRAM ...... 993,898 993,898

DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF 010 DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF ...... 469,025 469,025 TOTAL, DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF ...... 469,025 469,025

OFFICE OF THE INSPECTOR GENERAL 010 OPERATION & MAINTENANCE ...... 10,766 10,766 TOTAL, OFFICE OF THE INSPECTOR GENERAL ...... 10,766 10,766

TOTAL, OTHER AUTHORIZATIONS ...... 1,977,053 1,977,053

TITLE XLVI—MILITARY CONSTRUCTION SEC. 4601. MILITARY CONSTRUCTION.

SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars) Budget Senate Account State or Country and Installation Project Title Request Agreement

ARMY Milcon Alaska ARMY Fort Wainwright Modified Record Fire Range ...... 10,400 10,400 ARMY Joint Base Elmendorf-Richardson Modified Record Fire Range ...... 7,900 7,900 California ARMY Concord Lightning Protection System ...... 5,800 5,800 ARMY Concord Engineering/Housing Maintenance Shop ...... 3,100 3,100 Colorado ARMY Fort Carson, Colorado Digital Multipurpose Training Range ...... 18,000 18,000 District of Columbia ARMY Fort McNair Vehicle Storage Building, Installation ...... 7,200 7,200 Georgia ARMY Fort Benning Ground Source Heat Transfer System ...... 16,000 16,000 ARMY Fort Gordon Modified Record Fire Range ...... 4,000 4,000 ARMY Fort Gordon Multipurpose Machine Gun Range ...... 7,100 7,100 ARMY Fort Gordon Ground Source Heat Transfer System ...... 12,200 12,200 ARMY Fort Stewart, Georgia Digital Multipurpose Training Range ...... 22,000 22,000 ARMY Fort Stewart, Georgia Automated Combat Pistol Qual Crse ...... 3,650 3,650 ARMY Fort Stewart, Georgia Unmanned Aerial Vehicle Complex ...... 24,000 24,000 Hawaii ARMY Pohakuloa Training Area Automated Infantry Platoon Battle Course ...... 29,000 29,000 ARMY Schofield Barracks Barracks ...... 41,000 41,000 ARMY Schofield Barracks Barracks ...... 55,000 55,000 ARMY Wheeler Army Air Field Combat Aviation Brigade Barracks ...... 85,000 85,000 Kansas ARMY Fort Riley, Kansas Unmanned Aerial Vehicle Complex ...... 12,200 12,200 Kentucky ARMY Fort Campbell, Kentucky Battalion Headquarters Complex ...... 55,000 55,000 ARMY Fort Campbell, Kentucky Live Fire Exercise Shoothouse ...... 3,800 3,800 ARMY Fort Campbell, Kentucky Unmanned Aerial Vehicle Complex ...... 23,000 23,000 ARMY Fort Knox Automated Infantry Squad Battle Course ...... 6,000 6,000 Missouri ARMY Fort Leonard Wood Trainee Barracks Complex 3, Ph 2 ...... 58,000 58,000 ARMY Fort Leonard Wood Vehicle Maintenance Shop ...... 39,000 39,000 ARMY Fort Leonard Wood Battalion Complex Facilities ...... 26,000 26,000 New Jersey ARMY Picatinny Arsenal Ballistic Evaluation Center ...... 10,200 10,200 ARMY Joint Base McGuire-Dix-Lakehurst Flight Equipment Complex ...... 47,000 47,000 New York ARMY Fort Drum, New York Aircraft Maintenance Hangar ...... 95,000 95,000 ARMY U.S. Military Academy Cadet Barracks ...... 192,000 0 North Carolina ARMY Fort Bragg Aerial Gunnery Range ...... 42,000 42,000 ARMY Fort Bragg Infrastructure ...... 30,000 0 ARMY Fort Bragg Unmanned Aerial Vehicle Complex ...... 26,000 26,000 Oklahoma ARMY Fort Sill Modified Record Fire Range ...... 4,900 4,900 South Carolina ARMY Fort Jackson Trainee Barracks Complex 2, Ph 2 ...... 24,000 24,000 Texas ARMY Corpus Christi Aircraft Component Maintenance Shop ...... 13,200 13,200 ARMY Corpus Christi Aircraft Paint Shop ...... 24,000 24,000 ARMY Fort Bliss Multipurpose Machine Gun Range ...... 7,200 7,200 ARMY Fort Hood, Texas Modified Record Fire Range ...... 4,200 4,200 ARMY Fort Hood, Texas Training Aids Center ...... 25,000 25,000 ARMY Fort Hood, Texas Unmanned Aerial Vehicle Complex ...... 22,000 22,000 ARMY Joint Base San Antonio Barracks ...... 21,000 21,000

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SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars) Budget Senate Account State or Country and Installation Project Title Request Agreement

Virginia ARMY Arlington Cemetery Expansion Millennium Site ...... 84,000 0 ARMY Fort Belvoir Secure Admin/Operations Facility ...... 94,000 94,000 ARMY Fort Lee Adv Individual Training Barracks Cplx, Ph2 ...... 81,000 81,000 Washington ARMY Yakima Convoy Live Fire Range ...... 5,100 5,100 ARMY Joint Base Lewis-McChord Battalion Complex ...... 73,000 73,000 ARMY Joint Base Lewis-McChord Waste Water Treatment Plant ...... 91,000 91,000 Italy ARMY Camp Ederle Barracks ...... 36,000 36,000 ARMY Vicenza Simulations Center...... 32,000 32,000 Japan ARMY Okinawa Satellite Communications Facility ...... 78,000 78,000 ARMY Sagami Vehicle Maintenance Shop ...... 18,000 18,000 Korea ARMY Camp Humphreys Battalion Headquarters Complex ...... 45,000 45,000 Worldwide Unspec ARMY Unspecified Worldwide Locations Minor Construction FY 13 ...... 25,000 25,000 ARMY Unspecified Worldwide Locations Host Nation Support FY 13 ...... 34,000 34,000 ARMY Unspecified Worldwide Locations Planning and Design FY13 ...... 65,173 46,173

Milcon, A—SUBTOTAL ...... 1,923,323 1,598,323

NAVY Milcon Arizona NAVY Yuma Security Operations Complex ...... 13,300 13,300 NAVY Yuma Combat Aircraft Loading Apron ...... 15,985 15,985 California NAVY Camp Pendleton, California Comm. Information Systems Ops Complex ...... 78,897 78,897 NAVY Camp Pendleton, California San Jacinto Road Extension ...... 5,074 5,074 NAVY Camp Pendleton, California MV22 Aviation Simulator Building ...... 4,139 4,139 NAVY Ventura County BAMS Maintenance Training Facility ...... 14,843 12,790 NAVY Miramar Hangar 5 Renovations & Addition ...... 27,897 27,897 NAVY San Diego Entry Control Point (Gate Five) ...... 11,752 11,752 NAVY San Diego LCS Training Facility ...... 59,436 59,436 NAVY Seal Beach Strategic Systems Weapons Eval. Test Lab ...... 30,594 30,594 NAVY Twentynine Palms, California Land Expansion Phase 2 ...... 47,270 47,270 NAVY Coronado Bachelor Quarters...... 76,063 76,063 NAVY Coronado H–60S Simulator Training Facility ...... 2,478 2,478 Florida NAVY Jacksonville BAMS Mission Control Complex ...... 21,980 21,980 Hawaii NAVY Kaneohe Bay MV–22 Hangar and Infrastructure ...... 82,630 82,630 NAVY Kaneohe Bay Aircraft Staging Area ...... 14,680 14,680 Mississippi NAVY Meridian Dining Facility...... 10,926 10,926 New Jersey NAVY Earle Combat System Engineering Building Addition ...... 33,498 33,498 North Carolina NAVY Camp Lejeune, North Carolina Staff NCO Academy Facilities ...... 28,986 28,986 NAVY Camp Lejeune, North Carolina Base Access and Road—Phase 3 ...... 40,904 40,904 NAVY Cherry Point Marine Corps Air Station Marine Air Support Squadron Compound ...... 34,310 34,310 NAVY Cherry Point Marine Corps Air Station Armory ...... 11,581 11,581 NAVY New River Personnel Administration Center ...... 8,525 8,525 South Carolina NAVY Beaufort Ground Support Equipment Shop ...... 9,465 9,465 NAVY Beaufort Simulated LHD Flight Deck ...... 12,887 12,887 NAVY Beaufort Recycling/Hazardous Waste Facility ...... 3,743 3,743 NAVY Beaufort Aircraft Maintenance Hangar ...... 42,010 42,010 NAVY Beaufort Airfield Security Upgrades ...... 13,675 13,675 NAVY Parris Island Front Gate ATFP Improvements ...... 10,135 10,135 Virginia NAVY Dahlgren Cruiser/Destroyer Upgrade Training Facility ...... 16,494 16,494 NAVY Dahlgren Physical Fitness Center ...... 11,734 11,734 NAVY Oceana Naval Air Station A School Barracks ...... 39,086 39,086 NAVY Portsmouth Drydock 8 Electrical Distribution Upgrade ...... 32,706 32,706 NAVY Quantico The Basic School Student Quarters—Phase 7 ...... 31,012 31,012 NAVY Quantico Infrastructure—Widen Russell Road ...... 14,826 14,826 NAVY Quantico Weapons Training Battalion Mess Hall ...... 12,876 12,876 NAVY Yorktown Regimental Headquarters...... 11,015 11,015 NAVY Yorktown Bachelor Enlisted Quarters ...... 18,422 18,422 NAVY Yorktown Motor Transportation Facility ...... 6,188 6,188 NAVY Yorktown Supply Warehouse Facility ...... 8,939 8,939 NAVY Yorktown Armory ...... 4,259 4,259 Washington NAVY Whidbey Island EA–18G Flight Simulator Facility ...... 6,272 6,272 NAVY Kitsap Explosives Handling Wharf #2 (INC) ...... 280,041 254,241 Bahrain Island NAVY SW Asia Transient Quarters ...... 41,529 41,529 NAVY SW Asia Combined Dining Facility ...... 9,819 9,819 Diego Garcia NAVY Diego Garcia Communications Infrastructure ...... 1,691 1,691 Greece

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SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars) Budget Senate Account State or Country and Installation Project Title Request Agreement

NAVY Souda Bay Aircraft Parking Apron Expansion ...... 20,493 20,493 NAVY Souda Bay Intermodal Access Road ...... 4,630 4,630 Guam NAVY Joint Region Marianas North Ramp Parking (Andersen AFB)—INC 2 ...... 25,904 0 Japan NAVY Iwakuni Maintenance Hangar Improvements ...... 5,722 5,722 NAVY Iwakuni Vertical Take-Off and Landing Pad North ...... 7,416 7,416 NAVY Okinawa Bachelor Quarters...... 8,206 8,206 Romania NAVY Deveselu, Romania AEGIS Ashore Missile Defense Complex ...... 45,205 45,205 Spain NAVY Rota General Purpose Warehouse ...... 3,378 3,378 NAVY Rota High Explosive Magazine ...... 13,837 13,837 Worldwide Unspec NAVY Various Worldwide Locations BAMS Operational Facilities ...... 34,048 34,048 Djibouti NAVY Camp Lemonier, Djibouti Containerized Living and Work Units ...... 7,510 7,510 NAVY Camp Lemonier, Djibouti Galley Addition and Warehouse ...... 22,220 22,220 NAVY Camp Lemonier, Djibouti Joint HQ/Joint Operations Center Facility ...... 42,730 42,730 NAVY Camp Lemonier, Djibouti Fitness Center ...... 26,960 26,960 Worldwide Unspec NAVY Unspecified Worldwide Locations Unspecified Minor Construction ...... 16,535 16,535 NAVY Unspecified Worldwide Locations MCON Design Funds ...... 102,619 102,619

Milcon, N—SUBTOTAL ...... 1,701,985 1,648,228

AF Milcon Arkansas AF Little Rock AFB C–130J Fuel Systems Maintenance Hangar ...... 26,000 26,000 AF Little Rock AFB C–130J Flight Simulator Addition ...... 4,178 4,178 Florida AF Tyndall AFB F–22 ADAL Hangar for Low Observable/Composite ...... 14,750 14,750 Georgia AF Fort Stewart, Georgia Air Support Operations Center (ASOC) ...... 7,250 7,250 AF Moody AFB HC–130J Simulator Facility ...... 8,500 8,500 Nebraska AF Offutt AFB US STRATCOM Replacement Facility, Incr 2 ...... 161,000 128,000 New Mexico AF Holloman AFB MQ–9 Maintenance Hangar ...... 25,000 25,000 North Dakota AF Minot AFB B–52 Add/Alter Munitions AGE Facility ...... 4,600 4,600 Texas AF Joint Base San Antonio Dormitory (144 Rm) ...... 18,000 18,000 Utah AF Hill AFB F–35 ADAL Hangar 45W/AMU ...... 7,250 7,250 AF Hill AFB F–35 Modular Storage Magazines ...... 2,280 2,280 AF Hill AFB F–35 ADAL Building 118 for Flight Simulator ...... 4,000 4,000 Greenland AF Thule Ab Dormitory (48 PN) ...... 24,500 24,500 Italy AF Aviano Ab F–16 Mission Training Center ...... 9,400 9,400 Worldwide Unspec AF Unspecified Worldwide Locations Transient Contingency Dormitory—100 Rm ...... 17,625 0 AF Unspecified Worldwide Locations Transient Aircraft Hangars ...... 15,032 0 AF Unspecified Worldwide Locations Sanitary Sewer Lift/Pump Station ...... 2,000 2,000 AF Various Worldwide Locations Unspecified Minor Construction ...... 18,200 18,200 AF Unspecified Worldwide Locations Planning and Design ...... 18,635 18,635

Milcon, AF—SUBTOTAL ...... 388,200 322,543

DEF-WIDE Milcon Belgium DEFW Brussels NATO Headquarters Facility ...... 26,969 26,969 Worldwide Unspec DEFW Unspecified Worldwide Locations Energy Conservation Investment Program ...... 150,000 150,000 DEFW Unspecified Worldwide Locations Contingency Construction ...... 10,000 10,000 Texas DFAS Red River Army Depot DFAS Facility ...... 16,715 16,715 Illinois DISA Scott AFB DISA Facility Upgrades ...... 84,111 84,111 Germany DISA Stuttgart-Patch Barracks DISA Europe Facility Upgrades ...... 2,413 2,413 Arizona DLA Yuma Truck Unload Facility ...... 1,300 1,300 California DLA Def Fuel Support Point—San Diego Replace Fuel Pier ...... 91,563 91,563 DLA Edwards Air Force Base Replace Fuel Storage ...... 27,500 27,500 Delaware DLA Dover AFB Replace Truck Off-Load Facility ...... 2,000 2,000 Florida DLA Hurlburt Field Construct Fuel Storage Facility ...... 16,000 16,000 Indiana

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SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars) Budget Senate Account State or Country and Installation Project Title Request Agreement

DLA Grissom ARB Replace Hydrant Fuel System ...... 26,800 26,800 Louisiana DLA Barksdale AFB Upgrade Pumphouse ...... 11,700 11,700 North Carolina DLA Seymour Johnson AFB Replace Pipeline ...... 1,850 1,850 Pennsylvania DLA Def Dist Depot New Cumberland Replace Sewage Treatment Plant ...... 6,300 6,300 DLA Def Dist Depot New Cumberland Replace Communications Building ...... 6,800 6,800 DLA Def Dist Depot New Cumberland Replace Reservoir ...... 4,300 4,300 Guam DLA Andersen AFB Upgrade Fuel Pipeline ...... 67,500 0 Guantanamo Bay, Cuba DLA Guantanamo Bay Replace Truck Load Facility ...... 2,600 2,600 DLA Guantanamo Bay Replace Fuel Pier ...... 37,600 37,600 Kentucky DODEA Fort Campbell, Kentucky Replace Barkley Elementary School ...... 41,767 41,767 Germany DODEA Vogelweh Replace Vogelweh Elementary School ...... 61,415 61,415 DODEA Weisbaden Weisbaden High School Addition ...... 52,178 52,178 Japan DODEA Camp Zama Renovate Zama High School ...... 13,273 13,273 DODEA Kadena AB Replace Elementary School ...... 71,772 71,772 DODEA Kadena AB Replace Stearley Heights Elementary School ...... 71,773 71,773 DODEA Zukeran Replace Zukeran Elementary School ...... 79,036 79,036 DODEA Sasebo Replace Sasebo Elementary School ...... 35,733 35,733 Korea DODEA Osan AFB Replace Osan Elementary School ...... 42,692 42,692 United Kingdom DODEA RAF Feltwell Feltwell Elementary School Addition ...... 30,811 30,811 DODEA Menwith Hill Station Replace Menwith Hill Elementary/High School ...... 46,488 46,488 New York MDA Fort Drum, New York IDT Complex ...... 25,900 25,900 Romania MDA Deveselu, Romania Aegis Ashore Missile Defense System Complex ...... 157,900 157,900 Colorado NSA Buckley Air Force Base Denver Power House ...... 30,000 30,000 Maryland NSA Fort Meade NSAW Recapitalize Building #1/Site M Inc 1 ...... 25,000 25,000 NSA Fort Meade High Performance Computing Center Inc 2 ...... 300,521 225,521 Utah NSA Camp Williams IC CNCI Data Center 1 Inc 4 ...... 191,414 191,414 United Kingdom NSA Menwith Hill Station MHS Utilities and Roads ...... 3,795 3,795 California SOCOM Coronado SOF Indoor Dynamic Shooting Facility ...... 31,170 31,170 SOCOM Coronado SOF Close Quarters Combat/Dynamic Shoot Fac ...... 13,969 13,969 SOCOM Coronado SOF Mobile Comm Detachment Support Facility ...... 10,120 10,120 Colorado SOCOM Fort Carson, Colorado SOF Battalion Operations Complex ...... 56,673 56,673 Florida SOCOM Eglin AFB SOF AVFID Ops and Maintenance Facilities ...... 41,695 41,695 SOCOM Macdill AFB SOF Joint Special Ops University Fac (JSOU) ...... 34,409 34,409 Hawaii SOCOM Joint Base Pearl Harbor-Hickam SOF SDVT–1 Waterfront Operations Facility ...... 24,289 24,289 Kentucky SOCOM Fort Campbell, Kentucky SOF Landgraf Hangar Extension ...... 3,559 3,559 SOCOM Fort Campbell, Kentucky SOF Ground Support Battalion ...... 26,313 26,313 New Mexico SOCOM Cannon AFB SOF AC–130J Combat Parking Apron ...... 22,062 22,062 North Carolina SOCOM Camp Lejeune, North Carolina SOF Marine Battalion Company/Team Facilities ...... 53,399 53,399 SOCOM Camp Lejeune, North Carolina SOF Survival Evasion Resist. Escape Tng Fac ...... 5,465 5,465 SOCOM Fort Bragg SOF Support Addition ...... 3,875 3,875 SOCOM Fort Bragg SOF Battalion Operations Facility ...... 40,481 50,481 SOCOM Fort Bragg SOF Civil Affairs Battalion Complex ...... 31,373 41,373 SOCOM Fort Bragg SOF Sustainment Brigade Complex ...... 24,693 34,693 Virginia SOCOM Joint Exp Base Little Creek—Story SOF Combat Services Support Facility—East ...... 11,132 11,132 Washington SOCOM Fort Lewis SOF Military Working Dog Kennel ...... 3,967 3,967 SOCOM Fort Lewis SOF Battalion Operations Facility ...... 46,553 46,553 Conus Classified SOCOM Classified Location SOF Parachute Training Facility ...... 6,477 6,477 United Kingdom SOCOM RAF Mildenhall SOF CV–22 Simulator Facility ...... 6,490 6,490 California TMA Twentynine Palms, California Medical Clinic Replacement ...... 27,400 27,400 Colorado TMA Pikes Peak High Altitude Medical Research Lab ...... 3,600 3,600 Illinois TMA Great Lakes Drug Laboratory Replacement ...... 28,700 28,700 TMA Scott AFB Medical Logistics Warehouse ...... 2,600 2,600 Maryland

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SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars) Budget Senate Account State or Country and Installation Project Title Request Agreement

TMA Annapolis Health Clinic Replacement ...... 66,500 66,500 TMA Bethesda Naval Hospital Temporary Medical Facilities ...... 26,600 26,600 TMA Bethesda Naval Hospital Base Installation Access/Appearance Plan ...... 7,000 0 TMA Bethesda Naval Hospital Electrical Capacity and Cooling Towers ...... 35,600 35,600 TMA Fort Detrick USAMRIID Stage I, Incr 7 ...... 19,000 19,000 Missouri TMA Fort Leonard Wood Dental Clinic ...... 18,100 18,100 New Mexico TMA Cannon AFB Medical/Dental Clinic Replacement ...... 71,023 71,023 New York TMA Fort Drum, New York Soldier Specialty Care Clinic ...... 17,300 17,300 North Carolina TMA Camp Lejeune, North Carolina Medical Clinic Replacement ...... 21,200 21,200 TMA Seymour Johnson AFB Medical Clinic Replacement ...... 53,600 53,600 South Carolina TMA Shaw AFB Medical Clinic Replacement ...... 57,200 57,200 Texas TMA Fort Bliss Hospital Replacement Incr 4 ...... 207,400 107,400 TMA Joint Base San Antonio Ambulatory Care Center Phase 3 Incr ...... 80,700 80,700 Virginia TMA Norfolk Veterinary Facility Replacement ...... 8,500 8,500 Germany TMA Rhine Ordnance Barracks Medical Center Replacement Incr 2 ...... 127,000 127,000 Korea TMA Kunsan Air Base Medical/Dental Clinic Addition ...... 13,000 13,000 TMA Osan AFB Hospital Addition/Alteration ...... 34,600 34,600 Worldwide Unspec DEFW Unspecified Worldwide Locations Unspecified Minor Construction ...... 3,000 3,000 DLA Unspecified Worldwide Locations Unspecified Minor Construction ...... 7,254 7,254 DODEA Unspecified Worldwide Locations Unspecified Minor Construction ...... 4,091 4,091 NSA Unspecified Worldwide Locations Unspecified Minor Milcon ...... 3,000 3,000 SOCOM Unspecified Worldwide Locations Unspecified Minor Const ...... 10,000 10,000 TJS Unspecified Worldwide Locations Exercise Related Minor Construction ...... 6,440 6,440 TMA Unspecified Worldwide Locations Minor Construction ...... 5,000 5,000 DEFW Unspecified Worldwide Locations Planning and Design ...... 47,978 47,978 DIA Unspecified Worldwide Locations Planning and Design ...... 2,919 2,919 DLA Unspecified Worldwide Locations Planning & Design ...... 5,000 5,000 DODEA Unspecified Worldwide Locations Planning and Design ...... 105,569 105,569 MDA Unspecified Worldwide Locations Planning and Design ...... 4,548 4,548 NSA Unspecified Worldwide Locations Planning and Design ...... 8,300 8,300 SOCOM Unspecified Worldwide Locations Planning and Design ...... 27,620 27,620 TMA Unspecified Worldwide Locations Planning and Design ...... 105,700 105,700 WHS Unspecified Worldwide Locations Planning and Design ...... 7,928 7,928

Milcon,Def-Wide—SUBTOTAL ...... 3,654,623 3,435,123 Services MILCON—TOTAL ...... 7,668,131 7,004,217

MCon,Army NG Alabama ARMY, NG Fort McClellan Live Fire Shoot House ...... 5,400 5,400 Arkansas ARMY, NG Searcy Field Maintenance Shop ...... 6,800 6,800 California ARMY, NG Fort Irwin Maneuver Area Training & Equipment Site Ph3 ...... 25,000 25,000 Connecticut ARMY, NG Camp Hartell Combined Support Maintenance Shop ...... 32,000 32,000 Delaware ARMY, NG Bethany Beach Regional Training Institute Ph1 ...... 5,500 5,500 Florida ARMY, NG Camp Blanding Combined Arms Collective Training Fac ...... 9,000 9,000 ARMY, NG Miramar Readiness Center ...... 20,000 20,000 Hawaii ARMY, NG Kapolei Army Aviation Support Facility Ph1 ...... 28,000 28,000 Idaho ARMY, NG Orchard Training Area ORTC(Barracks)Ph2 ...... 40,000 40,000 Indiana ARMY, NG South Bend Armed Forces Reserve Center Add/Alt ...... 21,000 21,000 ARMY, NG Terre Haute Field Maintenance Shop ...... 9,000 9,000 Iowa ARMY, NG Camp Dodge Urban Assault Course ...... 3,000 3,000 Kansas ARMY, NG Topeka Taxiway, Ramp & Hangar Alterations ...... 9,500 9,500 Kentucky ARMY, NG Frankfort Army Aviation Support Facility ...... 32,000 32,000 Massachusetts ARMY, NG Camp Edwards Unit Training Equipment Site ...... 22,000 22,000 Minnesota ARMY, NG Camp Ripley Scout Reconnaissance Range ...... 17,000 17,000 ARMY, NG St Paul Readiness Center ...... 17,000 17,000 Missouri ARMY, NG Fort Leonard Wood Regional Training Institute ...... 18,000 18,000 ARMY, NG Kansas City Readiness Center Add/Alt ...... 1,900 1,900

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SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars) Budget Senate Account State or Country and Installation Project Title Request Agreement

ARMY, NG Monett Readiness Center Add/Alt ...... 820 820 ARMY, NG Perryville Readiness Center Add/Alt ...... 700 700 Montana ARMY, NG Miles City Readiness Center ...... 11,000 11,000 New Jersey ARMY, NG Sea Girt Regional Training Institute ...... 34,000 34,000 New York ARMY, NG Stormville Combined Support Maint Shop Ph1 ...... 24,000 24,000 Ohio ARMY, NG Chillicothe Field Maintenance Shop Add/Alt ...... 3,100 3,100 ARMY, NG Delaware Readiness Center ...... 12,000 12,000 Oklahoma ARMY, NG Camp Gruber Operations Readiness Training Complex ...... 25,000 25,000 Utah ARMY, NG Camp Williams BEQ Facility (Regional Training Institute) ...... 15,000 15,000 ARMY, NG Camp Williams Regional Training Institute Ph2 ...... 21,000 21,000 Washington ARMY, NG Fort Lewis Readiness Center ...... 35,000 35,000 West Virginia ARMY, NG Logan Readiness Center ...... 14,200 14,200 Wisconsin ARMY, NG Wausau Field Maintenance Shop ...... 10,000 10,000 Guam ARMY, NG Barrigada JFHQ Ph4 ...... 8,500 8,500 Puerto Rico ARMY, NG Camp Santiago Readiness Center ...... 3,800 3,800 ARMY, NG Ceiba Refill Station Building ...... 2,200 2,200 ARMY, NG Guaynabo Readiness Center (JFHQ) ...... 15,000 15,000 ARMY, NG Gurabo Readiness Center ...... 14,700 14,700 Worldwide Unspec ARMY, NG Unspecified Worldwide Locations Unspecified Minor Construction ...... 15,057 15,057 ARMY, NG Unspecified Worldwide Locations Planning and Design ...... 26,622 26,622

MCon,Army NG—Subtotal ...... 613,799 613,799

MCon,Air NG California AF, NG Fresno Yosemite IAP ANG F–15 Conversion ...... 11,000 11,000 Hawaii AF, NG Joint Base Pearl Harbor-Hickam TFI—F–22 Combat Apron Addition ...... 6,500 6,500 New Mexico AF, NG Kirtland AFB Alter Target Intelligence Facility ...... 8,500 8,500 Wyoming AF, NG Cheyenne Map C–130 Flight Simulator Training Facility ...... 6,486 6,486 Worldwide Unspec AF, NG Various Worldwide Locations Unspecified Minor Construction ...... 5,900 5,900 AF, NG Various Worldwide Locations Planning and Design ...... 4,000 4,000

MCon,Air NG—Subtotal ...... 42,386 42,386 NG MILCON—TOTAL ...... 656,185 656,185

MCon,A Res California ARMY, RE- Fort Hunter Liggett ORTC ...... 64,000 64,000 SERVE ARMY, RE- Fort Hunter Liggett UPH Barracks ...... 4,300 4,300 SERVE ARMY, RE- Tustin Army Reserve Center ...... 27,000 27,000 SERVE Illinois ARMY, RE- Fort Sheridan Army Reserve Center ...... 28,000 28,000 SERVE Maryland ARMY, RE- Aberdeen Proving Ground Army Reserve Center ...... 21,000 21,000 SERVE ARMY, RE- Baltimore Add/Alt Army Reserve Center ...... 10,000 10,000 SERVE Massachusetts ARMY, RE- Devens Reserve Forces Training Area Automatic Record Fire Range ...... 4,800 4,800 SERVE ARMY, RE- Devens Reserve Forces Training Area Combat Pistol/MP Firearms Qualification ...... 3,700 3,700 SERVE Nevada ARMY, RE- Las Vegas Army Reserve Center/AMSA ...... 21,000 21,000 SERVE New Jersey ARMY, RE- Joint Base McGuire-Dix-Lakehurst Automated Infantry Squad Battle Course ...... 7,400 7,400 SERVE Washington ARMY, RE- Joint Base Lewis-McChord Army Reserve Center ...... 40,000 40,000 SERVE Wisconsin ARMY, RE- Fort McCoy Central Issue Facility ...... 12,200 12,200 SERVE

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SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars) Budget Senate Account State or Country and Installation Project Title Request Agreement

ARMY, RE- Fort McCoy Dining Facility ...... 8,600 8,600 SERVE ARMY, RE- Fort McCoy ECS Tactical Equip. Maint. Facility (TEMF) ...... 27,000 27,000 SERVE Worldwide Unspec ARMY, RE- Unspecified Worldwide Locations Unspecified Minor Construction ...... 10,895 10,895 SERVE ARMY, RE- Unspecified Worldwide Locations Planning and Design ...... 15,951 15,951 SERVE

MCon,A Res—Subtotal ...... 305,846 305,846

Milcon, Naval Res Arizona NAVY, RE- Yuma Reserve Training Facility—Yuma AZ ...... 5,379 5,379 SERVE Iowa NAVY, RE- Fort Des Moines Joint Reserve Center—Des Moines IA ...... 19,162 19,162 SERVE Louisiana NAVY, RE- New Orleans Transient Quarters ...... 7,187 7,187 SERVE New York NAVY, RE- Brooklyn Vehicle Maint. Fac.—Brooklyn NY ...... 4,430 4,430 SERVE Texas NAVY, RE- Fort Worth Commercial Vehicle Inspection Site ...... 11,256 11,256 SERVE Worldwide Unspec NAVY, RE- Unspecified Worldwide Locations Planning and Design ...... 2,118 2,118 SERVE

Milcon, Naval Res—Subtotal ...... 49,532 49,532

MCon,AF Res New York AF, RESERVE Niagara Falls IAP Flight Simulator Facility ...... 6,100 6,100 Worldwide Unspec AF, RESERVE Various Worldwide Locations Unspecified Minor Construction ...... 2,000 2,000 AF, RESERVE Various Worldwide Locations Planning and Design ...... 2,879 2,879

MCon,AF Res—Subtotal ...... 10,979 10,979 Reserve Milcon—TOTAL ...... 366,357 366,357

MILCON Major Accounts—TOTAL ...... 8,690,673 8,026,759

Chem-Demil Colorado Chem Demil Pueblo Depot Ammunition Demilitarization Facility, Ph XIV ...... 36,000 36,000 Kentucky Chem Demil Blue Grass Army Depot Ammunition Demilitarization Ph XIII ...... 115,000 115,000

ChemDemil / NSIP—Total ...... 151,000 151,000

NSIP Worldwide Unspec NSIP NATO Security Investment Program NATO Security Investment Program ...... 254,163 254,163

NATO Security Investment Program ...... 254,163 254,163

Army Fam Housing Worldwide Unspec FH Const,A Unspecified Worldwide Locations Family Housing P&D ...... 4,641 4,641

Army Fam Hsg Construction—Subtotal ...... 4,641 4,641

Worldwide Unspec FH Op&Dt,A Unspecified Worldwide Locations Utilities Account ...... 88,112 88,112 FH Op&Dt,A Unspecified Worldwide Locations Services Account ...... 13,487 13,487 FH Op&Dt,A Unspecified Worldwide Locations Management Account ...... 56,970 56,970 FH Op&Dt,A Unspecified Worldwide Locations Miscellaneous Account ...... 620 620 FH Op&Dt,A Unspecified Worldwide Locations Furnishings Account ...... 31,785 31,785 FH Op&Dt,A Unspecified Worldwide Locations Leasing ...... 203,533 203,533 FH Op&Dt,A Unspecified Worldwide Locations Maintenance of Real Property ...... 109,534 109,534 FH Op&Dt,A Unspecified Worldwide Locations Privatization Support Costs ...... 26,010 26,010

Army Fam Hsg O&M—Subtotal ...... 530,051 530,051 Army Fam Hsg—TOTAL ...... 534,692 534,692

Navy Fam Housing

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SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars) Budget Senate Account State or Country and Installation Project Title Request Agreement

Worldwide Unspec FH Const,N Unspecified Worldwide Locations Improvements ...... 97,655 97,655 FH Const,N Unspecified Worldwide Locations Design ...... 4,527 4,527

Navy Fam Hsg Construction—Subtotal ...... 102,182 102,182

Worldwide Unspec FH Op&Dt,N Unspecified Worldwide Locations Utilities Account ...... 80,860 80,860 FH Op&Dt,N Unspecified Worldwide Locations Furnishings Account ...... 17,697 17,697 FH Op&Dt,N Unspecified Worldwide Locations Management Account ...... 62,741 62,741 FH Op&Dt,N Unspecified Worldwide Locations Miscellaneous Account ...... 491 491 FH Op&Dt,N Unspecified Worldwide Locations Services Account ...... 19,615 19,615 FH Op&Dt,N Unspecified Worldwide Locations Leasing ...... 83,774 83,774 FH Op&Dt,N Unspecified Worldwide Locations Maintenance of Real Property ...... 85,254 85,254 FH Op&Dt,N Unspecified Worldwide Locations Privatization Support Costs ...... 27,798 27,798

Navy Fam Hsg O&M—Subtotal ...... 378,230 378,230 Navy Fam Hsg—TOTAL ...... 480,412 480,412

AF Fam Hous- ing Worldwide Unspec FH Con,AF Unspecified Worldwide Locations Improvements ...... 79,571 79,571 FH Con,AF Unspecified Worldwide Locations Planning and Design ...... 4,253 4,253

AF Fam Hsg Construction—Subtotal ...... 83,824 83,824

Worldwide Unspec FH Op&Dt,AF Unspecified Worldwide Locations Utilities Account ...... 75,662 75,662 FH Op&Dt,AF Unspecified Worldwide Locations Management Account ...... 55,002 55,002 FH Op&Dt,AF Unspecified Worldwide Locations Services Account ...... 16,550 16,550 FH Op&Dt,AF Unspecified Worldwide Locations Furnishings Account ...... 37,878 37,878 FH Op&Dt,AF Unspecified Worldwide Locations Miscellaneous Account ...... 1,943 1,943 FH Op&Dt,AF Unspecified Worldwide Locations Leasing ...... 62,730 62,730 FH Op&Dt,AF Unspecified Worldwide Locations Maintenance (RPMA RPMC) ...... 201,937 201,937 FH Op&Dt,AF Unspecified Worldwide Locations Housing Privatization ...... 46,127 46,127

AF Fam Hsg O&M—Subtotal ...... 497,829 497,829 AF Fam Hsg—TOTAL ...... 581,653 581,653

Def-Wide Fam Housing Worldwide Unspec FH Op&Dt,D- Unspecified Worldwide Locations Utilities Account ...... 283 283 W FH Op&Dt,D- Unspecified Worldwide Locations Utilities Account ...... 12 12 W FH Op&Dt,D- Unspecified Worldwide Locations Furnishings Account ...... 4,660 4,660 W FH Op&Dt,D- Unspecified Worldwide Locations Furnishings Account ...... 20 20 W FH Op&Dt,D- Unspecified Worldwide Locations Services Account ...... 31 31 W FH Op&Dt,D- Unspecified Worldwide Locations Management Account ...... 371 371 W FH Op&Dt,D- Unspecified Worldwide Locations Furnishings Account ...... 66 66 W FH Op&Dt,D- Unspecified Worldwide Locations Leasing ...... 35,333 35,333 W FH Op&Dt,D- Unspecified Worldwide Locations Leasing ...... 10,822 10,822 W FH Op&Dt,D- Unspecified Worldwide Locations Maintenance of Real Property ...... 567 567 W FH Op&Dt,D- Unspecified Worldwide Locations Maintenance of Real Property ...... 73 73 W

DefWide Fam Hsg O&M—Subtotal ...... 52,238 52,238

DoD FH Imprv Fd Worldwide Unspec DoD FH Imprv Unspecified Worldwide Locations Family Housing Improvement Fund ...... 1,786 1,786 Fd

DoD Fam Hsg Imprv Fd—Subtotal ...... 1,786 1,786 FAM HSG—TOTAL ...... 1,650,781 1,650,781

BRAC IV Worldwide Unspec BRAC, A Base Realignment & Closure, Army Base Realignment & Closure ...... 79,893 79,893 BRAC, N Base Realignment & Closure, Navy Base Realignment & Closure ...... 146,951 146,951 BRAC, AF Base Realignment & Closure, AF Base Realignment & Closure ...... 122,552 122,552

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SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars) Budget Senate Account State or Country and Installation Project Title Request Agreement

BRAC IV—TOTAL ...... 349,396 349,396

2005 BRAC ARMY BRAC Worldwide Unspec BRAC—Army Unspecified Worldwide Locations USA–121: Fort Gillem, GA ...... 4,976 4,976 BRAC—Army Unspecified Worldwide Locations USA–222: Fort McPherson, GA ...... 6,772 6,772 BRAC—Army Unspecified Worldwide Locations Program Management Various Locations ...... 20,453 20,453 BRAC—Army Unspecified Worldwide Locations USA–223: Fort Monmouth, NJ ...... 9,989 9,989 BRAC—Army Unspecified Worldwide Locations USA–36: Red River Army Depot ...... 1,385 1,385 BRAC—Army Unspecified Worldwide Locations USA–113: Fort Monroe, VA ...... 12,184 12,184 BRAC—Army Unspecified Worldwide Locations USA–236: RC Transformation in CT ...... 557 557 BRAC—Army Unspecified Worldwide Locations USA–242: RC Transformation in NY ...... 172 172 BRAC—Army Unspecified Worldwide Locations USA–253: RC Transformation in PA ...... 100 100 BRAC—Army Unspecified Worldwide Locations USA–212: USAR Cmd & Cntrl—New England ...... 222 222 BRAC—Army Unspecified Worldwide Locations USA–167: USAR Command and Control—NE ...... 175 175 BRAC—Army Unspecified Worldwide Locations IND–112: River Bank Army Ammo Plant, CA ...... 22,431 22,431 BRAC—Army Unspecified Worldwide Locations IND–119: Newport Chemical Depot, IN ...... 197 197 BRAC—Army Unspecified Worldwide Locations IND–106: Kansas Army Ammunition Plant, KS ...... 7,280 7,280 BRAC—Army Unspecified Worldwide Locations IND–110: Mississippi Army Ammo Plant, MS ...... 160 160 BRAC—Army Unspecified Worldwide Locations IND–122: Lone Star Army Ammo Plant, TX ...... 11,379 11,379 BRAC—Army Unspecified Worldwide Locations MED–2: Walter Reed NMMC, Bethesda, MD ...... 7,787 7,787

BRAC—Army—Subtotal ...... 106,219 106,219

NAVY BRAC Worldwide Unspec BRAC—Navy Unspecified Worldwide Locations DON–172: NWS Seal Beach, Concord, CA ...... 2,129 2,129 BRAC—Navy Unspecified Worldwide Locations DON–138: NAS Brunswick, ME ...... 4,897 4,897 BRAC—Navy Unspecified Worldwide Locations DON–157: MCSA Kansas City, MO ...... 39 39 BRAC—Navy Unspecified Worldwide Locations DON–84: JRB Willow Grove & Cambria Reg AP ...... 189 189 BRAC—Navy Unspecified Worldwide Locations DON–168: NS Newport, RI ...... 1,742 1,742 BRAC—Navy Unspecified Worldwide Locations DON–100: Planning, Design and Management ...... 5,038 5,038 BRAC—Navy Unspecified Worldwide Locations DON–101: Various Locations ...... 4,176 4,176

BRAC—Navy—Subtotal ...... 18,210 18,210

AF BRAC Worldwide Unspec BRAC—Air Unspecified Worldwide Locations Program Management Various Locations ...... 605 605 Force BRAC—Air Unspecified Worldwide Locations MED–57: Brooks City Base, TX ...... 326 326 Force BRAC—Air Unspecified Worldwide Locations Comm Add 3: Galena Fol, AK ...... 1,337 1,337 Force

BRAC—Air Force—Subtotal ...... 2,268 2,268 BRAC 2005—TOTAL ...... 126,697 126,697 BRAC IV + BRAC 2005—TOTAL ...... 476,093 476,093

MILCON GRAND TOTAL ...... 11,222,710 10,558,796

TITLE XLVII—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS.

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS (In Thousands of Dollars) FY 2013 Senate Program Request Authorized

Discretionary Summary By Appropriation Energy And Water Development, And Related Agencies Appropriation Summary: Energy Programs Electricity delivery and energy reliability ...... 6,000 0

Atomic Energy Defense Activities National nuclear security administration: Weapons activities ...... 7,577,341 7,602,341 Defense nuclear nonproliferation ...... 2,458,631 2,458,631 Naval reactors ...... 1,088,635 1,126,621 Office of the administrator ...... 411,279 386,279 Total, National nuclear security administration ...... 11,535,886 11,573,872

Environmental and other defense activities: Defense environmental cleanup ...... 5,472,001 5,009,001 Other defense activities ...... 735,702 735,702 Total, Environmental & other defense activities ...... 6,207,703 5,744,703 Total, Atomic Energy Defense Activities ...... 17,743,589 17,318,575 Total, Discretionary Funding ...... 17,749,589 17,318,575

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SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS (In Thousands of Dollars) FY 2013 Senate Program Request Authorized

Electricity Delivery & Energy Reliability Electricity Delivery & Energy Reliability Infrastructure security & energy restoration ...... 6,000 0

Weapons Activities Directed stockpile work Life extension programs B61 Life extension program ...... 369,000 369,000 W76 Life extension program ...... 174,931 174,931 Total, Life extension programs ...... 543,931 543,931

Stockpile systems B61 Stockpile systems ...... 72,364 72,364 W76 Stockpile systems ...... 65,445 90,445 W78 Stockpile systems ...... 139,207 139,207 W80 Stockpile systems ...... 46,540 46,540 B83 Stockpile systems ...... 57,947 57,947 W87 Stockpile systems ...... 85,689 85,689 W88 Stockpile systems ...... 123,217 123,217 Total, Stockpile systems ...... 590,409 615,409

Weapons dismantlement and disposition Operations and maintenance ...... 51,265 51,265

Stockpile services Production support ...... 365,405 365,405 Research and development support ...... 28,103 28,103 R&D certification and safety ...... 191,632 191,632 Management, technology, and production ...... 175,844 175,844 Plutonium sustainment ...... 141,685 141,685 Total, Stockpile services ...... 902,669 902,669 Total, Directed stockpile work ...... 2,088,274 2,113,274

Campaigns: Science campaign Advanced certification ...... 44,104 44,104 Primary assessment technologies ...... 94,000 94,000 Dynamic materials properties ...... 97,000 97,000 Advanced radiography ...... 30,000 30,000 Secondary assessment technologies ...... 85,000 85,000 Total, Science campaign ...... 350,104 350,104

Engineering campaign Enhanced surety ...... 46,421 46,421 Weapon systems engineering assessment technology ...... 18,983 18,983 Nuclear survivability ...... 21,788 21,788 Enhanced surveillance ...... 63,379 63,379 Total, Engineering campaign ...... 150,571 150,571

Inertial confinement fusion ignition and high yield campaign Diagnostics, cryogenics and experimental support ...... 81,942 81,942 Ignition ...... 84,172 84,172 Support of other stockpile programs ...... 14,817 14,817 Pulsed power inertial confinement fusion ...... 6,044 6,044 Joint program in high energy density laboratory plasmas ...... 8,334 8,334 Facility operations and target production ...... 264,691 264,691 Total, Inertial confinement fusion and high yield campaign ...... 460,000 460,000

Advanced simulation and computing campaign ...... 600,000 600,000

Readiness Campaign Nonnuclear readiness ...... 64,681 64,681 Tritium readiness ...... 65,414 65,414 Total, Readiness campaign ...... 130,095 130,095 Total, Campaigns ...... 1,690,770 1,690,770

Readiness in technical base and facilities (RTBF) Operations of facilities Kansas City Plant ...... 163,602 163,602 Lawrence Livermore National Laboratory ...... 89,048 89,048 Los Alamos National Laboratory ...... 335,978 335,978 Nevada National Security Site ...... 115,697 115,697

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SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS (In Thousands of Dollars) FY 2013 Senate Program Request Authorized

Pantex ...... 172,020 172,020 Sandia National Laboratory ...... 167,384 167,384 Savannah River Site ...... 120,577 120,577 Y–12 National security complex ...... 255,097 255,097 Total, Operations of facilities ...... 1,419,403 1,419,403

Science, technology and engineering capability support ...... 166,945 166,945 Nuclear operations capability support ...... 203,346 203,346 Subtotal, Readiness in technical base and facilities ...... 1,789,694 1,789,694 Construction: 13–D–301 Electrical infrastructure upgrades, LANL/LLNL ...... 23,000 23,000 12–D–301 TRU waste facilities, LANL ...... 24,204 24,204 11–D–801 TA–55 Reinvestment project, LANL ...... 8,889 8,889 10-D–501 Nuclear facilities risk reduction Y–12 National security complex, Oakridge, TN ...... 17,909 17,909 09–D–404 Test capabilities revitalization II, Sandia National Laboratories, Albuquerque, NM ...... 11,332 11,332 08–D–802 High explosive pressing facility Pantex Plant, Amarillo, TX ...... 24,800 24,800 06–D–141 PED/Construction, UPFY–12, Oak Ridge, TN ...... 340,000 0 06–D–141 PED/Construction, UPFY–12, Phase I, Oak Ridge, TN ...... 0 340,000 Total, Construction ...... 450,134 450,134 Total, Readiness in technical base and facilities ...... 2,239,828 2,239,828

Secure transportation asset Operations and equipment ...... 114,965 114,965 Program direction ...... 104,396 104,396 Total, Secure transportation asset ...... 219,361 219,361

Nuclear counterterrorism incident response ...... 247,552 247,552

Site stewardship Operations and maintenance ...... 90,001 90,001 Total, Site stewardship ...... 90,001 90,001

Defense nuclear security Operations and maintenance ...... 643,285 643,285

NNSA CIO activities ...... 155,022 155,022

Legacy contractor pensions ...... 185,000 185,000 National security applications ...... 18,248 18,248 Subtotal, Weapons activities ...... 7,577,341 7,602,341

Total, Weapons Activities ...... 7,577,341 7,602,341

Defense Nuclear Nonproliferation Nonproliferation and verification R&D Operations and maintenance ...... 398,186 398,186 Domestic Enrichment R&D ...... 150,000 150,000 Subtotal, Nonproliferation and verification R&D ...... 548,186 548,186

Nonproliferation and international security ...... 150,119 150,119

International nuclear materials protection and cooperation ...... 311,000 311,000

Fissile materials disposition U.S. surplus fissile materials disposition Operations and maintenance U.S. plutonium disposition ...... 498,979 498,979 U.S. uranium disposition ...... 29,736 29,736 Total, Operations and maintenance ...... 528,715 528,715 Construction: 99–D–143 Mixed oxide fuel fabrication facility, Savannah River, SC ...... 388,802 388,802

Total, Construction ...... 388,802 388,802 Total, U.S. surplus fissile materials disposition ...... 917,517 917,517

Russian surplus fissile materials disposition ...... 3,788 3,788 Total, Fissile materials disposition ...... 921,305 921,305

Global threat reduction initiative ...... 466,021 466,021 Legacy contractor pensions ...... 62,000 62,000 Subtotal, Defense Nuclear Nonproliferation ...... 2,458,631 2,458,631 Total, Defense Nuclear Nonproliferation ...... 2,458,631 2,458,631

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SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS (In Thousands of Dollars) FY 2013 Senate Program Request Authorized

Naval Reactors Naval reactors development ...... 418,072 418,072 Ohio replacement reactor systems development ...... 89,700 127,686 S8G Prototype refueling ...... 121,100 121,100 Naval reactors operations and infrastructure ...... 366,961 366,961 Construction: 13–D–905 Remote-handled low-level waste facility, INL ...... 8,890 8,890 13–D–904 KS Radiological work and storage building, KSO ...... 2,000 2,000 13–D–903, KS Prototype Staff Building, KSO ...... 14,000 14,000 10-D–903, Security upgrades, KAPL ...... 19,000 19,000 08–D–190 Expended Core Facility M–290 recovering discharge station,Naval Reactor Facility, ID ...... 5,700 5,700 Total, Construction ...... 49,590 49,590

Program direction ...... 43,212 43,212 Subtotal, Naval Reactors ...... 1,088,635 1,126,621

Total, Naval Reactors ...... 1,088,635 1,126,621

Office Of The Administrator Office of the administrator ...... 411,279 386,279 Total, Office Of The Administrator ...... 411,279 386,279

Defense Environmental Cleanup Closure sites: Closure sites administration ...... 1,990 1,990

Hanford site: River corridor and other cleanup operations ...... 389,347 389,347 Central plateau remediation ...... 558,820 558,820 Richland community and regulatory support ...... 15,156 15,156 Total, Hanford site ...... 963,323 963,323

Idaho National Laboratory: Idaho cleanup and waste disposition ...... 396,607 396,607 Idaho community and regulatory support ...... 3,000 3,000 Total, Idaho National Laboratory ...... 399,607 399,607

NNSA sites Lawrence Livermore National Laboratory ...... 1,484 1,484 Nuclear facility D&D Separations Process Research Unit ...... 24,000 24,000 Nevada ...... 64,641 64,641 Sandia National Laboratories ...... 5,000 5,000 Los Alamos National Laboratory ...... 239,143 239,143 Total, NNSA sites and Nevada off-sites ...... 334,268 334,268

Oak Ridge Reservation: Building 3019 ...... 67,525 67,525 OR cleanup and disposition ...... 109,470 109,470 OR reservation community and regulatory support ...... 4,500 4,500 Total, Oak Ridge Reservation ...... 181,495 181,495

Office of River Protection: Waste treatment and immobilization plant 01–D–416 A–E/ORP–0060/Major construction ...... 690,000 690,000

Tank farm activities Rad liquid tank waste stabilization and disposition ...... 482,113 482,113 Total, Office of River protection ...... 1,172,113 1,172,113

Savannah River sites: Savannah River risk management operations ...... 444,089 444,089 SR community and regulatory support ...... 16,584 16,584

Radioactive liquid tank waste: Radioactive liquid tank waste stabilization and disposition ...... 698,294 698,294 Construction: 05–D–405 Salt waste processing facility, Savannah River ...... 22,549 22,549 Total, Radioactive liquid tank waste ...... 720,843 720,843 Total, Savannah River site ...... 1,181,516 1,181,516

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SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS (In Thousands of Dollars) FY 2013 Senate Program Request Authorized

Waste Isolation Pilot Plant Waste isolation pilot plant ...... 198,010 198,010 Total, Waste Isolation Pilot Plant ...... 198,010 198,010

Program direction ...... 323,504 323,504 Program support ...... 18,279 18,279

Safeguards and Security: Oak Ridge Reservation ...... 18,817 18,817 Paducah ...... 8,909 8,909 Portsmouth ...... 8,578 8,578 Richland/Hanford Site ...... 71,746 71,746 Savannah River Site ...... 121,977 121,977 Waste Isolation Pilot Project ...... 4,977 4,977 West Valley ...... 2,015 2,015 Total, Safeguards and Security ...... 237,019 237,019

Technology development ...... 20,000 20,000 Uranium enrichment D&D fund contribution ...... 463,000 0 Subtotal, Defense environmental cleanup ...... 5,494,124 5,031,124

Adjustments Use of prior year balances ...... –12,123 –12,123 Use of unobligated balances ...... –10,000 –10,000 Total, Adjustments ...... –22,123 –22,123 Total, Defense Environmental Cleanup ...... 5,472,001 5,009,001

Other Defense Activities Health, safety and security Health, safety and security ...... 139,325 139,325 Program direction ...... 106,175 106,175 Total, Health, safety and security ...... 245,500 245,500

Specialized security activities ...... 188,619 188,619

Office of Legacy Management Legacy management ...... 164,477 164,477 Program direction ...... 13,469 13,469 Total, Office of Legacy Management ...... 177,946 177,946

Defense-related activities Defense related administrative support ...... 118,836 118,836 Office of hearings and appeals ...... 4,801 4,801 Subtotal, Other defense activities ...... 735,702 735,702 Total, Other Defense Activities ...... 735,702 735,702

DIVISION E—HOUSING ASSISTANCE FOR (5) NONPROFIT ORGANIZATION.—The term (8) SECRETARY.—The term ‘‘Secretary’’ means VETERANS ‘‘nonprofit organization’’ means an organiza- the Secretary of Housing and Urban Develop- TITLE L—HOUSING ASSISTANCE FOR tion that is— ment. VETERANS (A) described in section 501(c)(3) or 501(c)(19) (9) VETERAN.—The term ‘‘veteran’’ has the of the Internal Revenue Code of 1986; and same meaning as given such term in section 101 SEC. 5001. SHORT TITLE. (B) exempt from tax under section 501(a) of of title 38, United States Code. This division may be cited as the ‘‘Housing such Code. (10) VETERANS SERVICE ORGANIZATION.—The Assistance for Veterans Act of 2012’’ or the (6) PRIMARY RESIDENCE.— term ‘‘veterans service organization’’ means any ‘‘HAVEN Act’’. (A) IN GENERAL.—The term ‘‘primary resi- organization recognized by the Secretary of Vet- SEC. 5002. DEFINITIONS. dence’’ means a single family house, a duplex, erans Affairs for the representation of veterans In this division: or a unit within a multiple-dwelling structure under section 5902 of title 38, United States (1) DISABLED.—The term ‘‘disabled’’ means an that is an eligible veteran’s principal dwelling Code. individual with a disability, as defined by sec- and is owned by such veteran or a family mem- SEC. 5003. ESTABLISHMENT OF A PILOT PRO- tion 12102 of title 42, United States Code. ber of such veteran. GRAM. (2) ELIGIBLE VETERAN.—The term ‘‘eligible (B) FAMILY MEMBER DEFINED.—For purposes (a) GRANT.— veteran’’ means a disabled or low-income vet- of this paragraph, the term ‘‘family member’’ in- (1) IN GENERAL.—The Secretary shall establish eran. cludes— a pilot program to award grants to qualified or- (3) ENERGY EFFICIENT FEATURES OR EQUIP- (i) a spouse, child, grandchild, parent, or sib- ganizations to rehabilitate and modify the pri- MENT.—The term ‘‘energy efficient features or ling; mary residence of eligible veterans. equipment’’ means features of, or equipment in, (ii) a spouse of such a child, grandchild, par- (2) COORDINATION.—The Secretary shall work a primary residence that help reduce the ent, or sibling; or in conjunction with the Secretary of Veterans amount of electricity used to heat, cool, or ven- (iii) any individual related by blood or affin- Affairs to establish and oversee the pilot pro- tilate such residence, including insulation, ity whose close association with a veteran is the gram and to ensure that such program meets the weatherstripping, air sealing, heating system re- equivalent of a family relationship. needs of eligible veterans. pairs, duct sealing, or other measures. (7) QUALIFIED ORGANIZATION.—The term (3) MAXIMUM GRANT.—A grant award under (4) LOW-INCOME VETERAN.—The term ‘‘low-in- ‘‘qualified organization’’ means a nonprofit or- the pilot program to any one qualified organiza- come veteran’’ means a veteran whose income ganization that provides nationwide or State- tion shall not exceed $1,000,000 in any one fiscal does not exceed 80 percent of the median income wide programs that primarily serve veterans or year, and such an award shall remain available for an area, as determined by the Secretary. low-income individuals. until expended by such organization.

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(b) APPLICATION.— (ii) an energy audit of such residence indi- held by the public, false claims of receiving such (1) IN GENERAL.—Each qualified organization cates that the installation of energy efficient medals or serving in the military are especially that desires a grant under the pilot program features or equipment will reduce such costs by likely to be harmful and material to employers, shall submit an application to the Secretary at 10 percent or more; voters in deciding to whom paid elective posi- such time, in such manner, and, in addition to (2) in connection with modification and reha- tions should be entrusted, and in the award of the information required under paragraph (2), bilitation services provided under the pilot pro- contracts. accompanied by such information as the Sec- gram, to provide technical, administrative, and (2) Military service and military awards are retary may reasonably require. training support to an affiliate of a qualified or- held in such great respect that public and pri- (2) CONTENTS.—Each application submitted ganization receiving a grant under such pilot vate decisions are correctly influenced by claims under paragraph (1) shall include— program; and of heroism. (A) a plan of action detailing outreach initia- (3) for other purposes as the Secretary may (3) False claims of military service or military tives; prescribe through regulations. heroism are an especially noxious means of ob- (B) the approximate number of veterans the (e) OVERSIGHT.—The Secretary shall direct the taining something of value because they are qualified organization intends to serve using oversight of the grant funds for the pilot pro- particularly likely to cause tangible harm to vic- grant funds; gram so that such funds are used efficiently tims of fraud. (C) a description of the type of work that will until expended to fulfill the purpose of address- (4) False claims of military service or the re- be conducted, such as interior home modifica- ing the adaptive housing needs of eligible vet- ceipt of military awards, if believed, are espe- tions, energy efficiency improvements, and other erans. cially likely to dispose people favorably toward similar categories of work; and (f) MATCHING FUNDS.— the speaker. (D) a plan for working with the Department (1) IN GENERAL.—A qualified organization re- (5) False claims of military service or the re- of Veterans Affairs and veterans service organi- ceiving a grant under the pilot program shall ceipt of military awards are particularly likely zations to identify veterans and serve their contribute towards the housing modification to be material and cause people to part with needs. and rehabilitation services provided to eligible money or property. Even if such claims are un- (3) PREFERENCES.—In awarding grants under veterans an amount equal to not less than 50 successful in bringing about this result, they the pilot program, the Secretary shall give pref- percent of the grant award received by such or- still constitute attempted fraud. erence to a qualified organization— ganization. (6) False claims of military service or the re- (A) with experience in providing housing re- (2) IN-KIND CONTRIBUTIONS.—In order to meet ceipt of military awards that are made to secure habilitation and modification services for dis- the requirement under paragraph (1), such orga- appointment to the board of an organization are abled veterans; or nization may arrange for in-kind contributions. likely to cause harm to such organization (B) that proposes to provide housing rehabili- (g) LIMITATION COST TO THE VETERANS.—A through their obtaining the services of an indi- tation and modification services for eligible vet- qualified organization receiving a grant under vidual who does not bring to that organization erans who live in rural areas (the Secretary, the pilot program shall modify or rehabilitate what he or she claims, and whose falsehood, if through regulations, shall define the term the primary residence of an eligible veteran at discovered, would cause the organization’s do- ‘‘rural areas’’). no cost to such veteran (including application nors concern that the organization’s board (c) CRITERIA.—In order to receive a grant fees) or at a cost such that such veteran pays no might not manage money honestly. award under the pilot program, a qualified or- more than 30 percent of his or her income in (7) The easily verifiable nature of false claims ganization shall meet the following criteria: housing costs during any month. (1) Demonstrate expertise in providing hous- regarding military service or the receipt of mili- (h) REPORTS.— tary awards, the relative infrequency of such ing rehabilitation and modification services for (1) ANNUAL REPORT.—The Secretary shall sub- claims, and the fact that false claims of having disabled or low-income individuals for the pur- mit to Congress, on an annual basis, a report served in the military or received such awards pose of making the homes of such individuals that provides, with respect to the year for which are rightfully condemned across the political accessible, functional, and safe for such individ- such report is written— spectrum, it is especially likely that any law uals. (A) the number of eligible veterans provided prohibiting such false claims would not be en- (2) Have established outreach initiatives assistance under the pilot program; that— (B) the socioeconomic characteristics of such forced selectively. (8) Congress may make criminal the false (A) would engage eligible veterans and vet- veterans, including their gender, age, race, and claim of military service or the receipt of mili- erans service organizations in projects utilizing ethnicity; grant funds under the pilot program; and (C) the total number, types, and locations of tary awards based on its powers under article I, (B) identify eligible veterans and their fami- entities contracted under such program to ad- section 8, clause 2 of the Constitution of the lies and enlist veterans involved in skilled minister the grant funding; United States, to raise and support armies, and trades, such as carpentry, roofing, plumbing, or (D) the amount of matching funds and in- article I, section 8, clause 18 of the Constitution HVAC work. kind contributions raised with each grant; of the United States, to enact necessary and (3) Have an established nationwide or State- (E) a description of the housing rehabilitation proper measures to carry into execution that wide network of affiliates that are— and modification services provided, costs saved, power. (A) nonprofit organizations; and and actions taken under such program; SEC. 5013. MILITARY MEDALS OR DECORATIONS. (B) able to provide housing rehabilitation and (F) a description of the outreach initiatives Section 704 of title 18, United States Code, is modification services for eligible veterans. implemented by the Secretary to educate the amended to read as follows: (4) Have experience in successfully carrying general public and eligible entities about such ‘‘§ 704. Military medals or decorations out the accountability and reporting require- program; ‘‘(a) IN GENERAL.—Whoever knowingly pur- ments involved in the proper administration of (G) a description of the outreach initiatives chases, attempts to purchase, solicits for pur- grant funds, including funds provided by pri- instituted by grant recipients to engage eligible chase, mails, ships, imports, exports, produces vate entities or Federal, State, or local govern- veterans and veteran service organizations in blank certificates of receipt for, manufactures, ment entities. projects utilizing grant funds under such pro- sells, attempts to sell, advertises for sale, trades, (d) USE OF FUNDS.—A grant award under the gram; pilot program shall be used— (H) a description of the outreach initiatives barters, or exchanges for anything of value any (1) to modify and rehabilitate the primary res- instituted by grant recipients to identify eligible decoration or medal authorized by Congress for idence of an eligible veteran, and may include— veterans and their families; and the Armed Forces of the United States, or any of (A) installing wheelchair ramps, widening ex- (I) any other information that the Secretary the service medals or badges awarded to the terior and interior doors, reconfigurating and considers relevant in assessing such program. members of such forces, or the ribbon, button, or re-equipping bathrooms (which includes install- (2) FINAL REPORT.—Not later than 6 months rosette of any such badge, decoration, or medal, ing new fixtures and grab bars), removing door- after the completion of the pilot program, the or any colorable imitation thereof, except when way thresholds, installing special lighting, add- Secretary shall submit to Congress a report that authorized under regulations made pursuant to ing additional electrical outlets and electrical provides such information that the Secretary law, shall be fined under this title, imprisoned service, and installing appropriate floor cov- considers relevant in assessing the pilot pro- for not more than 6 months, or both. erings to— gram. ‘‘(b) FALSE CLAIMS TO THE RECEIPT OF MILI- (i) accommodate the functional limitations (i) AUTHORIZATION OF APPROPRIATIONS.— TARY DECORATIONS, MEDALS, OR RIBBONS AND that result from having a disability; or There are authorized to be appropriated for car- FALSE CLAIMS RELATING TO MILITARY SERVICE (ii) if such residence does not have modifica- rying out this division $4,000,000 for each of fis- IN ORDER TO SECURE A TANGIBLE BENEFIT OR tions necessary to reduce the chances that an el- cal years 2013 through 2017. PERSONAL GAIN.— ‘‘(1) IN GENERAL.—Whoever, with the intent of derly, but not disabled person, will fall in their DIVISION F—STOLEN VALOR ACT home, reduce the risks of such an elderly person securing a tangible benefit or personal gain, TITLE LI—STOLEN VALOR ACT from falling; knowingly, falsely, and materially represents (B) rehabilitating such residence that is in a SEC. 5011. SHORT TITLE. himself or herself through any written or oral state of interior or exterior disrepair; and This division may be cited as the ‘‘Stolen communication (including a resume) to have (C) installing energy efficient features or Valor Act of 2012’’. served in the Armed Forces of the United States equipment if— SEC. 5012. FINDINGS. or to have been awarded any decoration, medal, (i) an eligible veteran’s monthly utility costs Congress find the following: ribbon, or other device authorized by Congress for such residence is more than 5 percent of such (1) Because of the great respect in which mili- or pursuant to Federal law for the Armed Forces veteran’s monthly income; and tary service and military awards are rightfully of the United States, shall be fined under this

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(III) by striking ‘‘in any year’’ and inserting ‘‘WHO HAVE SUSTAINED FATAL OR CATASTROPHIC ‘‘(c) DEFINITION.—In this section, the term ‘‘to the public safety officer (if living on the INJURY IN THE LINE OF DUTY’’; and ‘Armed Forces of the United States’ means the date on which the determination is made)’’; (ii) by striking ‘‘who have died in the line of Army, Navy, Air Force, Marine Corps, and (IV) by striking ‘‘in such year, adjusted’’ and duty’’ and inserting ‘‘who have sustained fatal Coast Guard, including the reserve components inserting ‘‘with respect to the date on which the or catastrophic injury in the line of duty’’; named in section 10101 of title 10.’’. catastrophic injury occurred, as adjusted’’; (E) in section 1204 (42 U.S.C. 3796b)— SEC. 5014. SEVERABILITY. (aa) by striking ‘‘, to such officer’’; (i) in paragraph (1), by striking ‘‘con- If any provision of this division, any amend- (V) by striking ‘‘the total’’ and all that fol- sequences of an injury that’’ and inserting ‘‘an ment made by this division, or the application of lows through ‘‘For’’ and inserting ‘‘for’’; and injury, the direct and proximate consequences of such provision or amendment to any person or (VI) by striking ‘‘That these’’ and all that fol- which’’; circumstance is held to be unconstitutional, the lows through the period, and inserting ‘‘That (ii) in paragraph (3)— remainder of the provisions of this division, the the amount payable under this subsection shall (I) in the matter preceding clause (i)— amendments made by this division, and the ap- be the amount payable as of the date of cata- (aa) by inserting ‘‘or permanently and totally plication of such provisions or amendments to strophic injury of such public safety officer.’’; disabled’’ after ‘‘deceased’’; and any person or circumstance shall not be af- (iii) in subsection (f)— (bb) by striking ‘‘death’’ and inserting ‘‘fatal fected. (I) in paragraph (1), by striking ‘‘, as amend- or catastrophic injury’’; and (II) by redesignating clauses (i), (ii), and (iii) DIVISION G—MISCELLANEOUS ed (D.C. Code, sec. 4–622); or’’ and inserting a as subparagraphs (A), (B), and (C), respectively; TITLE LII—MISCELLANEOUS semicolon; (II) in paragraph (2)— (iii) in paragraph (5)— (I) by striking ‘‘post-mortem’’ each place it SEC. 5021. PUBLIC SAFETY OFFICERS’ BENEFITS (aa) by striking ‘‘. Such beneficiaries shall PROGRAM. appears and inserting ‘‘post-injury’’; only receive benefits under such section 8191 (a) SHORT TITLE.—This section may be cited (II) by redesignating clauses (i) and (ii) as that’’ and inserting ‘‘, such that beneficiaries as the ‘‘Dale Long Public Safety Officers’ Bene- subparagraphs (A) and (B), respectively; and shall receive only such benefits under such sec- fits Improvements Act of 2012’’. (III) in subparagraph (B), as so redesignated, tion 8191 as’’; and (b) BENEFITS FOR CERTAIN NONPROFIT EMER- by striking ‘‘death’’ and inserting ‘‘fatal or cat- (bb) by striking the period at the end and in- GENCY MEDICAL SERVICE PROVIDERS; MISCELLA- astrophic injury’’; serting ‘‘; or’’; and NEOUS AMENDMENTS.— (iv) in paragraph (7), by striking ‘‘public em- (III) by adding at the end the following: (1) IN GENERAL.—Title I of the Omnibus Crime ployee member of a rescue squad or ambulance ‘‘(3) payments under the September 11th Vic- Control and Safe Streets Act of 1968 (42 U.S.C. crew;’’ and inserting ‘‘employee or volunteer tim Compensation Fund of 2001 (49 U.S.C. 40101 3711 et seq.) is amended— member of a rescue squad or ambulance crew note; Public Law 107–42).’’; (A) in section 901(a) (42 U.S.C. 3791(a))— (including a ground or air ambulance service) (iv) by amending subsection (k) to read as fol- (i) in paragraph (26), by striking ‘‘and’’ at the that— lows: end; ‘‘(A) is a public agency; or (ii) in paragraph (27), by striking the period ‘‘(k) As determined by the Bureau, a heart at- ‘‘(B) is (or is a part of) a nonprofit entity at the end and inserting ‘‘; and’’; and tack, stroke, or vascular rupture suffered by a serving the public that— (iii) by adding at the end the following: public safety officer shall be presumed to con- ‘‘(i) is officially authorized or licensed to en- ‘‘(28) the term ‘hearing examiner’ includes stitute a personal injury within the meaning of gage in rescue activity or to provide emergency any medical or claims examiner.’’; subsection (a), sustained in the line of duty by medical services; and (B) in section 1201 (42 U.S.C. 3796)— the officer and directly and proximately result- ‘‘(ii) engages in rescue activities or provides (i) in subsection (a), by striking ‘‘follows:’’ ing in death, if— emergency medical services as part of an official and all that follows and inserting the following: ‘‘(1) the public safety officer, while on duty— emergency response system;’’; and ‘‘follows (if the payee indicated is living on the ‘‘(A) engages in a situation involving nonrou- (v) in paragraph (9)— date on which the determination is made)— tine stressful or strenuous physical law enforce- (I) in subparagraph (A), by striking ‘‘as a ‘‘(1) if there is no child who survived the pub- ment, fire suppression, rescue, hazardous mate- chaplain, or as a member of a rescue squad or lic safety officer, to the surviving spouse of the rial response, emergency medical services, prison ambulance crew;’’ and inserting ‘‘or as a chap- public safety officer; security, disaster relief, or other emergency re- lain;’’; ‘‘(2) if there is at least 1 child who survived sponse activity; or (II) in subparagraph (B)(ii), by striking ‘‘or’’ the public safety officer and a surviving spouse ‘‘(B) participates in a training exercise involv- after the semicolon; of the public safety officer, 50 percent to the ing nonroutine stressful or strenuous physical (III) in subparagraph (C)(ii), by striking the surviving child (or children, in equal shares) activity; period and inserting ‘‘; or’’; and and 50 percent to the surviving spouse; ‘‘(2) the heart attack, stroke, or vascular rup- (IV) by adding at the end the following: ‘‘(3) if there is no surviving spouse of the pub- ture commences— ‘‘(D) a member of a rescue squad or ambu- lic safety officer, to the surviving child (or chil- ‘‘(A) while the officer is engaged or partici- lance crew who, as authorized or licensed by dren, in equal shares); pating as described in paragraph (1); law and by the applicable agency or entity, is ‘‘(4) if there is no surviving spouse of the pub- ‘‘(B) while the officer remains on that duty engaging in rescue activity or in the provision of lic safety officer and no surviving child— after being engaged or participating as described emergency medical services.’’; ‘‘(A) to the surviving individual (or individ- in paragraph (1); or (F) in section 1205 (42 U.S.C. 3796c), by adding uals, in shares per the designation, or, other- ‘‘(C) not later than 24 hours after the officer at the end the following: wise, in equal shares) designated by the public is engaged or participating as described in para- ‘‘(d) Unless expressly provided otherwise, any safety officer to receive benefits under this sub- graph (1); and reference in this part to any provision of law section in the most recently executed designa- ‘‘(3) the heart attack, stroke, or vascular rup- not in this part shall be understood to constitute tion of beneficiary of the public safety officer on ture directly and proximately results in the a general reference under the doctrine of incor- file at the time of death with the public safety death of the public safety officer, poration by reference, and thus to include any agency, organization, or unit; or unless competent medical evidence establishes subsequent amendments to the provision.’’; ‘‘(B) if there is no individual qualifying under that the heart attack, stroke, or vascular rup- (G) in each of subsections (a) and (b) of sec- subparagraph (A), to the surviving individual ture was unrelated to the engagement or partici- tion 1212 (42 U.S.C. 3796d–1), sections 1213 and (or individuals, in equal shares) designated by pation or was directly and proximately caused 1214 (42 U.S.C. 3796d–2 and 3796d–3), and sub- the public safety officer to receive benefits under by something other than the mere presence of sections (b) and (c) of section 1216 (42 U.S.C. the most recently executed life insurance policy cardiovascular-disease risk factors.’’; and 3796d–5), by striking ‘‘dependent’’ each place it of the public safety officer on file at the time of (v) by adding at the end the following: appears and inserting ‘‘person’’; death with the public safety agency, organiza- ‘‘(n) The public safety agency, organization, (H) in section 1212 (42 U.S.C. 3796d–1)— tion, or unit; or unit responsible for maintaining on file an (i) in subsection (a)— ‘‘(5) if there is no individual qualifying under executed designation of beneficiary or executed (I) in paragraph (1), in the matter preceding paragraph (1), (2), (3), or (4), to the surviving life insurance policy for purposes of subsection subparagraph (A), by striking ‘‘Subject’’ and all

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that follows through ‘‘, the’’ and inserting States courts of appeals from United States dis- ‘‘(B) IDENTIFICATION OF RESEARCH QUES- ‘‘The’’; and trict courts) not later than 90 days after the TIONS.—The identification of research questions (II) in paragraph (3), by striking ‘‘reduced date on which the Bureau serves notice of the relating to basic, translational, and clinical by’’ and all that follows through ‘‘(B) the final determination: Provided further, That any science in the areas described in subclauses (I) amount’’ and inserting ‘‘reduced by the regulations promulgated by the Bureau under and (II) of subparagraph (A)(i) that have not amount’’; such part (or any such statute) before, on, or been adequately addressed with respect to such (ii) in subsection (c)— after the date of enactment of the Public Safety recalcitrant cancer. (I) in the subsection heading, by striking ‘‘DE- Officers’ Benefits Improvements Act of 2012 ‘‘(C) RECOMMENDATIONS.—Recommendations PENDENT’’; and shall apply to any matter pending on, or filed or for appropriate actions that should be taken to (II) by striking ‘‘dependent’’; accruing after, the effective date specified in the advance research in the areas described in sub- (I) in paragraphs (2) and (3) of section 1213(b) regulations.’’. paragraph (A)(i) and to address the research (42 U.S.C. 3796d–2(b)), by striking ‘‘depend- (d) EFFECTIVE DATE.— questions identified in subparagraph (B), as ent’s’’ each place it appears and inserting ‘‘per- (1) IN GENERAL.—Except as provided in para- well as for appropriate benchmarks to measure son’s’’; graph (1), the amendments made by this section progress on achieving such actions, including (J) in section 1216 (42 U.S.C. 3796d–5)— shall— the following: (i) in subsection (a), by striking ‘‘each de- (A) take effect on the date of enactment of ‘‘(i) RESEARCHERS.—Ensuring adequate avail- pendent’’ each place it appears and inserting ‘‘a this Act; and ability of qualified individuals described in sub- spouse or child’’; and (B) apply to any matter pending, before the paragraph (A)(iii). ‘‘(ii) COORDINATED RESEARCH INITIATIVES.— (ii) by striking ‘‘dependents’’ each place it ap- Bureau of Justice Assistance or otherwise, on Promoting and developing initiatives and part- pears and inserting ‘‘a person’’; and the date of enactment of this Act, or filed or ac- nerships described in subparagraph (A)(iv). (K) in section 1217(3)(A) (42 U.S.C. 3796d– cruing after that date. ‘‘(iii) RESEARCH RESOURCES.—Developing ad- 6(3)(A)), by striking ‘‘described in’’ and all that (2) EXCEPTIONS.— follows and inserting ‘‘an institution of higher ditional public and private resources described (A) RESCUE SQUADS AND AMBULANCE CREWS.— in subparagraph (A)(v) and strengthening exist- education, as defined in section 102 of the High- For a member of a rescue squad or ambulance er Education Act of 1965 (20 U.S.C. 1002); and’’. ing resources. crew (as defined in section 1204(7) of title I of IMING (2) AMENDMENT RELATED TO EXPEDITED PAY- ‘‘(3) T .— the Omnibus Crime Control and Safe Streets Act ‘‘(A) INITIAL DEVELOPMENT AND SUBSEQUENT MENT FOR PUBLIC SAFETY OFFICERS INVOLVED IN of 1968, as amended by this section), the amend- UPDATE.—For each recalcitrant cancer identi- THE PREVENTION, INVESTIGATION, RESCUE, OR RE- ments made by this Act shall apply to injuries fied under subsection (b)(1), the Director of the COVERY EFFORTS RELATED TO A TERRORIST AT- sustained on or after June 1, 2009. Institute shall— TACK.—Section 611(a) of the Uniting and (B) HEART ATTACKS, STROKES, AND VASCULAR ‘‘(i) develop a scientific framework under this Strengthening America by Providing Appro- RUPTURES.—Section 1201(k) of title I of the Om- subsection not later than 18 months after the priate Tools Required to Intercept and Obstruct nibus Crime Control and Safe Streets Act of date of the enactment of this section; and Terrorism Act of 2001 (42 U.S.C. 3796c–1(a)) is 1968, as amended by this section, shall apply to ‘‘(ii) review and update the scientific frame- amended by inserting ‘‘or an entity described in heart attacks, strokes, and vascular ruptures work not later than 5 years after its initial de- section 1204(7)(B) of the Omnibus Crime Control sustained on or after December 15, 2003. velopment. and Safe Streets Act of 1968 (42 U.S.C. ‘‘(B) OTHER UPDATES.—The Director of the In- 3796b(7)(B))’’ after ‘‘employed by such agency’’. SEC. 5022. SCIENTIFIC FRAMEWORK FOR RECAL- CITRANT CANCERS. stitute may review and update each scientific (3) TECHNICAL AND CONFORMING AMEND- Subpart 1 of part C of title IV of the Public framework developed under this subsection as MENT.—Section 402(l)(4)(C) of the Internal Rev- Health Service Act (42 U.S.C. 285 et seq.) is necessary. enue Code of 1986 is amended— ‘‘(4) PUBLIC NOTICE.—With respect to each sci- amended by adding at the end the following: (A) by striking ‘‘section 1204(9)(A)’’ and in- entific framework developed under subsection serting ‘‘section 1204(10)(A)’’; and ‘‘SEC. 417G. SCIENTIFIC FRAMEWORK FOR RECAL- (a), not later than 30 days after the date of com- (B) by striking ‘‘42 U.S.C. 3796b(9)(A)’’ and CITRANT CANCERS. pletion of the framework, the Director of the In- inserting ‘‘42 U.S.C. 3796b(10)(A)’’. ‘‘(a) DEVELOPMENT OF SCIENTIFIC FRAME- stitute shall— (c) AUTHORIZATION OF APPROPRIATIONS; DE- WORK.— ‘‘(A) submit such framework to the Committee TERMINATIONS; APPEALS.—The matter under the ‘‘(1) IN GENERAL.—For each recalcitrant can- on Energy and Commerce and Committee on Ap- heading ‘‘PUBLIC SAFETY OFFICERS BENEFITS’’ cer identified under subsection (b), the Director propriations of the House of Representatives, under the heading ‘‘OFFICE OF JUSTICE PRO- of the Institute shall develop (in accordance and the Committee on Health, Education, GRAMS’’ under title II of division B of the Con- with subsection (c)) a scientific framework for Labor, and Pensions and Committee on Appro- solidated Appropriations Act, 2008 (Public Law the conduct or support of research on such can- priations of the Senate; and 110–161; 121 Stat. 1912; 42 U.S.C. 3796c–2) is cer. ‘‘(B) make such framework publically avail- amended— ‘‘(2) CONTENTS.—The scientific framework able on the Internet website of the Department (1) by striking ‘‘decisions’’ and inserting ‘‘de- with respect to a recalcitrant cancer shall in- of Health and Human Services. terminations’’; clude the following: ‘‘(b) IDENTIFICATION OF RECALCITRANT CAN- (2) by striking ‘‘(including those, and any re- ‘‘(A) CURRENT STATUS.— CER.— lated matters, pending)’’; and ‘‘(i) REVIEW OF LITERATURE.—A summary of ‘‘(1) IN GENERAL.—Not later than 6 months (3) by striking the period at the end and in- findings from the current literature in the areas after the date of the enactment of this section, serting the following: ‘‘: Provided further, That, of— the Director of the Institute shall identify two on and after the date of enactment of the Public ‘‘(I) the prevention, diagnosis, and treatment or more recalcitrant cancers that each— ‘‘(A) have a 5-year relative survival rate of Safety Officers’ Benefits Improvements Act of of such cancer; less than 20 percent; and 2012, as to each such statute— ‘‘(II) the fundamental biologic processes that ‘‘(B) are estimated to cause the death of at ‘‘(1) the provisions of section 1001(a)(4) of regulate such cancer (including similarities and least 30,000 individuals in the United States per such title I (42 U.S.C. 3793(a)(4)) shall apply; differences of such processes from the biological year. processes that regulate other cancers); and ‘‘(2) payment (other than payment made pur- ‘‘(2) ADDITIONAL CANCERS.—The Director of suant to section 611 of the Uniting and ‘‘(III) the epidemiology of such cancer. the Institute may, at any time, identify other re- Strengthening America by Providing Appro- ‘‘(ii) SCIENTIFIC ADVANCES.—The identifica- calcitrant cancers for purposes of this section. priate Tools Required to Intercept and Obstruct tion of relevant emerging scientific areas and In identifying a recalcitrant cancer pursuant to Terrorism Act of 2001 (42 U.S.C. 3796c–1)) shall promising scientific advances in basic, the previous sentence, the Director may consider be made only upon a determination by the Bu- translational, and clinical science relating to additional metrics of progress (such as incidence reau that the facts legally warrant the payment; the areas described in subclauses (I) and (II) of and mortality rates) against such type of can- ‘‘(3) any reference to section 1202 of such title clause (i). cer. I shall be deemed to be a reference to para- ‘‘(iii) RESEARCHERS.—A description of the ‘‘(c) WORKING GROUPS.—For each recalcitrant graphs (2) and (3) of such section 1202; and availability of qualified individuals to conduct cancer identified under subsection (b), the Di- ‘‘(4) a certification submitted under any such scientific research in the areas described in rector of the Institute shall convene a working statute (other than a certification submitted clause (i). group comprised of representatives of appro- pursuant to section 611 of the Uniting and ‘‘(iv) COORDINATED RESEARCH INITIATIVES.— priate Federal agencies and other non-Federal Strengthening America by Providing Appro- The identification of the types of initiatives and entities to provide expertise on, and assist in de- priate Tools Required to Intercept and Obstruct partnerships for the coordination of intramural veloping, a scientific framework under sub- Terrorism Act of 2001 (42 U.S.C. 3796c–1)) may be and extramural research of the Institute in the section (a). The Director of the Institute (or the accepted by the Bureau as prima facie evidence areas described in clause (i) with research of the Director’s designee) shall participate in the of the facts asserted in the certification: relevant national research institutes, Federal meetings of each such working group. Provided further, That, on and after the date of agencies, and non-Federal public and private ‘‘(d) REPORTING.— enactment of the Public Safety Officers’ Bene- entities in such areas. ‘‘(1) BIENNIAL REPORTS.—The Director of NIH fits Improvements Act of 2012, no appeal shall ‘‘(v) RESEARCH RESOURCES.—The identifica- shall ensure that each biennial report under sec- bring any final determination of the Bureau be- tion of public and private resources, such as pation 403 includes information on actions under- fore any court for review unless notice of appeal tient registries and tissue banks, that are avail- taken to carry out each scientific framework de- is filed (within the time specified herein and in able to facilitate research relating to each of the veloped under subsection (a) with respect to a the manner prescribed for appeal to United areas described in clause (i). recalcitrant cancer, including the following:

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00216 Fmt 4624 Sfmt 6333 E:\CR\FM\A12DE6.041 S12DEPT1 tjames on DSK6SPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — SENATE S7969 ‘‘(A) Information on research grants awarded of public diplomacy activities and international not ancillary to another proceeding) to the ex- by the National Institutes of Health for research broadcasting. The assessment shall include, if tent that in such proceeding a judicial order, in- relating to such cancer. practicable, an appropriate metric such as ‘cost- cluding a subpoena for testimony or documents, ‘‘(B) An assessment of the progress made in per-audience’ or ‘cost-per-student’ for each ac- is sought or issued. If removal is sought for a improving outcomes (including relative survival tivity. Upon the completion of the assessment, proceeding described in the previous sentence, rates) for individuals diagnosed with such can- the Commission shall the assign a rating of— and there is no other basis for removal, only cer. ‘‘(i) ‘effective’ for activities that— that proceeding may be removed to the district ‘‘(C) An update on activities pertaining to ‘‘(I) set appropriate goals; court. such cancer under the authority of section ‘‘(II) achieve results; and ‘‘(2) The term ‘crime of violence’ has the 413(b)(7). ‘‘(III) are well-managed and cost efficient; meaning given that term in section 16 of title 18. ‘‘(2) ADDITIONAL ONE-TIME REPORT FOR CER- ‘‘(ii) ‘moderately effective’ for activities that— ‘‘(3) The term ‘law enforcement officer’ means TAIN FRAMEWORKS.—For each recalcitrant can- ‘‘(I) achieve some results; any employee described in subparagraph (A), cer identified under subsection (b)(1), the Direc- ‘‘(II) are generally well-managed; and (B), or (C) of section 8401(17) of title 5 and any tor of the Institute shall, not later than 6 years ‘‘(III) need to improve their performance re- special agent in the Diplomatic Security Service after the initial development of a scientific sults or cost efficiency, including reducing over- of the Department of State. framework under subsection (a), submit a report head; ‘‘(4) The term ‘serious bodily injury’ has the to the Congress on the effectiveness of the ‘‘(iii) ‘ineffective’ for activities that— meaning given that term in section 1365 of title framework (including the update required by ‘‘(I) are not making sufficient use of available 18. subsection (a)(3)(A)(ii)) in improving the pre- resources to achieve stated goals; ‘‘(5) The term ‘State’ includes the District of vention, detection, diagnosis, and treatment of ‘‘(II) are not well-managed; or Columbia, United States territories and insular such cancer. ‘‘(III) have excessive overhead; and possessions, and Indian country (as defined in ‘‘(e) RECOMMENDATIONS FOR EXCEPTION ‘‘(iv) ‘results not demonstrated’ for activities section 1151 of title 18). FUNDING.—The Director of the Institute shall that— ‘‘(6) The term ‘State court’ includes the Supe- consider each relevant scientific framework de- ‘‘(I) do not have acceptable performance pub- rior Court of the District of Columbia, a court of veloped under subsection (a) when making rec- lic diplomacy metrics for measuring results; or a United States territory or insular possession, ommendations for exception funding for grant ‘‘(II) are unable or failed to collect data to de- and a tribal court.’’. applications. termine if they are effective. TITLE LIII—GAO MANDATES REVISION ‘‘(f) DEFINITION.—In this section, the term ‘re- ‘‘(2) OTHER REPORTS.— ACT calcitrant cancer’ means a cancer for which the ‘‘(A) IN GENERAL.—The Commission shall sub- Subtitle A—GAO Mandates Revision Act five-year relative survival rate is below 50 permit other reports, including working papers, to SEC. 5301. SHORT TITLE. cent.’’. Congress, the President, and the Secretary of This subtitle may be cited as the ‘‘GAO Man- SEC. 5023. UNITED STATES ADVISORY COMMIS- State at least semi-annually on other activities dates Revision Act of 2012’’. SION ON PUBLIC DIPLOMACY. and policies related to United States public di- SEC. 5302. REPEALS AND MODIFICATIONS. (a) TECHNICAL AMENDMENT.—Section 604(a) of plomacy. (a) CAPITOL PRESERVATION FUND FINANCIAL the United States Information and Educational ‘‘(B) AVAILABILITY.—The Commission shall STATEMENTS.—Section 804 of the Arizona-Idaho Exchange Act of 1948 (22 U.S.C. 1469(a)) is make the reports submitted pursuant to sub- Conservation Act of 1988 (2 U.S.C. 2084) is amended by inserting ‘‘(referred to in this sec- paragraph (A) publicly available on the website amended by striking ‘‘annual audits of the tion as the ‘Commission’)’’ before the period at of the Commission to develop a better under- transactions of the Commission’’ and inserting the end. standing of, and support for, public diplomacy ‘‘periodic audits of the transactions of the Com- (b) DUTIES AND RESPONSIBILITIES.—Section activities. mission, which shall be conducted at least once 604(c) of such Act is amended to read as follows: ‘‘(3) ACCESS TO INFORMATION.—The Secretary every 3 years, unless the Chairman or the Rank- ‘‘(c) DUTIES AND RESPONSIBILITIES.—The Com- of State shall ensure that the Commission has ing Member of the Committee on Rules and Ad- mission shall appraise United States Govern- access to all appropriate information to carry ministration of the Senate or the Committee on ment activities intended to understand, inform, out its duties and responsibilities under this House Administration of the House of Rep- and influence foreign publics. The activities de- subsection.’’. resentatives, the Secretary of the Senate, or the scribed in this subsection shall be referred to in (d) REAUTHORIZATION.— Clerk of the House of Representatives requests this section as ‘public diplomacy activities’.’’. (1) IN GENERAL.—Section 1334 of the Foreign that an audit be conducted at an earlier date,’’. (c) REPORTS.—Section 604(d) of such Act is Affairs Reform and Restructuring Act of 1998 (22 (b) JUDICIAL SURVIVORS’ ANNUITIES FUND amended to read as follows: U.S.C. 6553) is amended by striking ‘‘October 1, AUDIT BY GAO.— ‘‘(d) REPORTS.— 2010’’ and inserting ‘‘October 1, 2014’’. (1) IN GENERAL.—Section 376 of title 28, United ‘‘(1) COMPREHENSIVE ANNUAL REPORT.— (2) RETROACTIVITY OF EFFECTIVE DATE.—The States Code, is amended— ‘‘(A) IN GENERAL.—Not less frequently than amendment made by paragraph (1) shall take ef- (A) by striking subsection (w); and annually, the Commission shall submit a com- fect on October 1, 2010. (B) by redesignating subsections (x) and (y) as prehensive report on public diplomacy and (e) FUNDING.—From amounts appropriated by subsections (w) and (x), respectively. international broadcasting activities to Con- Congress under the heading ‘‘DIPLOMATIC AND (2) TECHNICAL AND CONFORMING AMEND- gress, the President, and the Secretary of State. CONSULAR PROGRAMS’’, the Secretary of State MENT.—Section 376(h)(2) of title 28, United This report shall include— shall allocate sufficient funding to the United States Code, is amended by striking ‘‘subsection ‘‘(i) a detailed list of all public diplomacy ac- States Advisory Commission on Public Diplo- (x)’’ and inserting ‘‘subsection (w)’’. tivities funded by the United States Govern- macy to carry out section 604 of the United (c) ONDCP ANNUAL REPORT REQUIREMENT.— ment; States Information and Educational Exchange Section 203 of the Office of National Drug Con- ‘‘(ii) a description of— Act of 1948 (22 U.S.C. 1469), as amended by this trol Policy Reauthorization Act of 2006 (21 ‘‘(I) the purpose, means, and geographic scope section. U.S.C. 1708a) is amended— of each activity; (1) in subsection (a), by striking ‘‘of each SEC. 5024. REMOVAL OF ACTION. ‘‘(II) when each activity was started; year’’ and inserting ‘‘, 2013, and every 3 years Section 1442 of title 28, United States Code, is ‘‘(III) the amount of Federal funding ex- thereafter,’’; and pended on each activity; amended by striking subsection (c) and inserting (2) in subsection (b), in the matter preceding ‘‘(IV) any significant outside sources of fund- the following: paragraph (1), by striking ‘‘at a frequency of ing; and ‘‘(c) Solely for purposes of determining the not less than once per year—’’ and inserting ‘‘(V) the Federal department or agency to propriety of removal under subsection (a), a law ‘‘not later than December 31, 2013, and every 3 which the activity belongs; enforcement officer, who is the defendant in a years thereafter—’’. ‘‘(iii) the international broadcasting activities criminal prosecution, shall be deemed to have (d) USERRA GAO REPORT.—Section 105(g)(1) under the direction of the Broadcasting Board been acting under the color of his office if the of the Veterans’ Benefits Act of 2010 (Public of Governors; officer— Law 111–275; 38 U.S.C. 4301 note) is amended by ‘‘(iv) an assessment of potentially duplicative ‘‘(1) protected an individual in the presence of striking ‘‘, and annually thereafter during the public diplomacy and international broad- the officer from a crime of violence; period when the demonstration project is con- casting activities; and ‘‘(2) provided immediate assistance to an indi- ducted,’’. ‘‘(v) for any activities determined to be inef- vidual who suffered, or who was threatened (e) SEMIPOSTAL PROGRAM REPORTS BY THE fective or results not demonstrated under sub- with, bodily harm; or GENERAL ACCOUNTING OFFICE.—Section 2 of the paragraph (B), recommendations on existing ef- ‘‘(3) prevented the escape of any individual Semipostal Authorization Act (Public Law 106– fective or moderately effective public diplomacy who the officer reasonably believed to have com- 253; 114 Stat. 636; 39 U.S.C. 416 note) is amend- activities that could be augmented to carry out mitted, or was about to commit, in the presence ed— the objectives of the ineffective activities. of the officer, a crime of violence that resulted (1) by striking subsection (c); and ‘‘(B) EFFECTIVENESS ASSESSMENT.—In evalu- in, or was likely to result in, death or serious (2) by redesignating subsections (d) and (e) as ating the public diplomacy and international bodily injury. subsections (c) and (d), respectively. broadcasting activities described in subpara- ‘‘(d) In this section, the following definitions (f) EARNED IMPORT ALLOWANCE PROGRAM RE- graph (A), the Commission shall conduct an as- apply: VIEW BY GAO.—Section 231A(b)(4) of the Carib- sessment that considers the public diplomacy ‘‘(1) The terms ‘civil action’ and ‘criminal bean Basin Economic Recovery Act (19 U.S.C. target impact, the achieved impact, and the cost prosecution’ include any proceeding (whether or 2703a(b)(4)) is amended—

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00217 Fmt 4624 Sfmt 6333 E:\CR\FM\A12DE6.041 S12DEPT1 tjames on DSK6SPTVN1PROD with S7970 CONGRESSIONAL RECORD — SENATE December 12, 2012 (1) by striking subparagraph (C); and ment of Justice, or any information provided in ments Information Act of 2002 (31 U.S.C. 3321 (2) by redesignating subparagraph (D) as sub- connection with such referrals. note).’’; and paragraph (C). ‘‘(C) PUBLIC AVAILABILITY ON CENTRAL (2) in section 3(a) (31 U.S.C. 3321 note)— (g) AMERICAN BATTLE MONUMENTS COMMIS- WEBSITE.—The Office of Management and (A) in paragraph (1), by striking ‘‘section SION’S FINANCIAL STATEMENTS AND AUDITS.— Budget shall make each report submitted under 2(f)’’ and all that follows and inserting ‘‘section Section 2103(h) of title 36, United States Code, is this paragraph available on a central website. 2(g) of the Improper Payments Information Act amended— ‘‘(D) AVAILABILITY OF INFORMATION TO IN- of 2002 (31 U.S.C. 3321 note).’’; and (1) in paragraph (1), by striking ‘‘of para- SPECTOR GENERAL.—Subparagraph (B)(ii) shall (B) in paragraph (3)— graph (2) of this subsection’’ and inserting ‘‘of not prohibit any referral or information being (i) by striking ‘‘section 2(b)’’ each place it ap- section 3515 of title 31’’; made available to an Inspector General as oth- pears and inserting ‘‘section 2(c)’’; and (2) in paragraph (1), by striking ‘‘(1)’’; and erwise provided by law. (ii) by striking ‘‘section 2(c)’’ each place it ap- (3) by striking paragraph (2). ‘‘(E) ASSESSMENT AND RECOMMENDATIONS.— pears and inserting ‘‘section 2(d)’’. (h) SENATE PRESERVATION FUND AUDITS.— The Inspector General of each agency that sub- SEC. 5314. IMPROPER PAYMENTS INFORMATION. Section 3(c)(6) of the Legislative Branch Appro- mits a report under this paragraph shall, for Section 2(a)(3)(A)(ii) of the Improper Pay- priations Act, 2004 (2 U.S.C. 2108(c)(6)) is each program of the agency that is identified ments Information Act of 2002 (31 U.S.C. 3321 amended by striking ‘‘annual audits of the Sen- under paragraph (1)(A)— note) is amended by striking ‘‘with respect to ate Preservation Fund’’ and inserting ‘‘periodic ‘‘(i) review— fiscal years following September 30th of a fiscal audits of the Senate Preservation Fund, which ‘‘(I) the assessment of the level of risk associ- year beginning before fiscal year 2013 as deter- shall be conducted at least once every 3 years, ated with the program, and the quality of the mined by the Office of Management and Budg- unless the Chairman or the Ranking Member of improper payment estimates and methodology of et’’ and inserting ‘‘with respect to fiscal year the Committee on Rules and Administration of the agency relating to the program; and 2014 and each fiscal year thereafter’’. the Senate or the Secretary of the Senate re- ‘‘(II) the oversight or financial controls to SEC. 5315. DO NOT PAY INITIATIVE. quests that an audit be conducted at an earlier identify and prevent improper payments under (a) PREPAYMENT AND PREAWARD PROCE- date,’’. the program; and DURES.— (1) IN GENERAL.—Each agency shall review Subtitle B—Improper Payments Elimination ‘‘(ii) submit to Congress recommendations, prepayment and preaward procedures and en- and Recovery Improvement Act which may be included in another report submitted by the Inspector General to Congress, for sure that a thorough review of available data- SEC. 5311. SHORT TITLE. modifying any plans of the agency relating to bases with relevant information on eligibility oc- This subtitle may be cited as the ‘‘Improper the program, including improvements for im- curs to determine program or award eligibility Payments Elimination and Recovery Improve- proper payments determination and estimation and prevent improper payments before the re- ment Act of 2012’’. methodology.’’; lease of any Federal funds. SEC. 5312. DEFINITIONS. (3) in subsection (d) (as redesignated by para- (2) DATABASES.—At a minimum and before In this subtitle— graph (1) of this subsection), by striking ‘‘sub- issuing any payment and award, each agency (1) the term ‘‘agency’’ means an executive section (b)’’ each place that term appears and shall review as appropriate the following data- agency as that term is defined under section 102 inserting ‘‘subsection (c)’’; bases to verify eligibility of the payment and of title 31, United States Code; and (4) in subsection (e) (as redesignated by para- award: (2) the term ‘‘improper payment’’ has the graph (1) of this subsection), by striking ‘‘sub- (A) The Death Master File of the Social Secu- meaning given that term in section 2(g) of the section (b)’’ and inserting ‘‘subsection (c)’’; and rity Administration. Improper Payments Information Act of 2002 (31 (5) in subsection (g)(3) (as redesignated by (B) The General Services Administration’s Ex- U.S.C. 3321 note), as redesignated by section paragraph (1) of this subsection), by inserting cluded Parties List System. l03(a)(1) of this subtitle. ‘‘or a Federal employee’’ after ‘‘non-Federal (C) The Debt Check Database of the Depart- ment of the Treasury. SEC. 5313. IMPROVING THE DETERMINATION OF person or entity’’. (D) The Credit Alert System or Credit Alert IMPROPER PAYMENTS BY FEDERAL (b) IMPROVED ESTIMATES.— AGENCIES. (1) IN GENERAL.—Not later than 180 days after Interactive Voice Response System of the De- (a) IN GENERAL.—Section 2 of the Improper the date of enactment of this subtitle, the Direc- partment of Housing and Urban Development. (E) The List of Excluded Individuals/Entities Payments Information Act of 2002 (31 U.S.C. tor of the Office of Management and Budget of the Office of Inspector General of the Depart- 3321 note) is amended— shall provide guidance to agencies for improving ment of Health and Human Services. (1) by redesignating subsections (b) through the estimates of improper payments under the (b) DO NOT PAY INITIATIVE.— (g) as subsections (c) through (h), respectively; Improper Payments Information Act of 2002 (31 (1) ESTABLISHMENT.—There is established the (2) by inserting after subsection (a) the fol- U.S.C. 3321 note). Do Not Pay Initiative which shall include— lowing: (2) GUIDANCE.—Guidance under this sub- (A) use of the databases described under sub- ‘‘(b) IMPROVING THE DETERMINATION OF IM- section shall— section (a)(2); and PROPER PAYMENTS.— (A) strengthen the estimation process of agen- (B) use of other databases designated by the ‘‘(1) IN GENERAL.—The Director of the Office cies by setting standards for agencies to follow Director of the Office of Management and of Management and Budget shall on an annual in determining the underlying validity of sam- Budget in consultation with agencies and in ac- basis— pled payments to ensure amounts being billed cordance with paragraph (2). ‘‘(A) identify a list of high-priority Federal are proper; and (2) OTHER DATABASES.—In making designa- programs for greater levels of oversight and re- (B) instruct agencies to give the persons or en- tions of other databases under paragraph view— tities performing improper payments estimates (1)(B), the Director of the Office of Management ‘‘(i) in which the highest dollar value or high- access to all necessary payment data, including and Budget shall— est rate of improper payments occur; or access to relevant documentation; (A) consider any database that substantially ‘‘(ii) for which there is a higher risk of im- (C) explicitly bar agencies from relying on assists in preventing improper payments; and proper payments; and self-reporting by the recipients of agency pay- (B) provide public notice and an opportunity ‘‘(B) in coordination with the agency respon- ments as the sole source basis for improper pay- for comment before designating a database sible for administering the high-priority pro- ments estimates; under paragraph (1)(B). gram, establish annual targets and semi-annual (D) require agencies to include all identified (3) ACCESS AND REVIEW BY AGENCIES.—For or quarterly actions for reducing improper pay- improper payments in the reported estimate, re- purposes of identifying and preventing improper ments associated with each high-priority pro- gardless of whether the improper payment in payments, each agency shall have access to, and gram. question has been or is being recovered; use of, the Do Not Pay Initiative to verify pay- ‘‘(2) REPORT ON HIGH-PRIORITY IMPROPER PAY- (E) include payments to employees, including ment or award eligibility in accordance with MENTS.— salary, locality pay, travel pay, purchase card subsection (a) when the Director of the Office of ‘‘(A) IN GENERAL.—Subject to Federal privacy use, and other employee payments, as subject to Management and Budget determines the Do Not policies and to the extent permitted by law, each risk assessment and, where appropriate, im- Pay Initiative is appropriately established for agency with a program identified under para- proper payment estimation; and the agency. graph (1)(A) on an annual basis shall submit to (F) require agencies to tailor their corrective (4) PAYMENT OTHERWISE REQUIRED.—When the Inspector General of that agency, and make actions for the high-priority programs identified using the Do Not Pay Initiative, an agency available to the public (including availability under section 2(b)(1)(A) of the Improper Pay- shall recognize that there may be circumstances through the Internet), a report on that program. ments Information Act of 2002 (31 U.S.C. 3321 under which the law requires a payment or ‘‘(B) CONTENTS.—Each report under this para- note) to better reflect the unique processes, pro- award to be made to a recipient, regardless of graph— cedures, and risks involved in each specific pro- whether that recipient is identified as poten- ‘‘(i) shall describe— gram. tially ineligible under the Do Not Pay Initiative. ‘‘(I) any action the agency— (c) TECHNICAL AND CONFORMING AMEND- (5) ANNUAL REPORT.—The Director of the Of- ‘‘(aa) has taken or plans to take to recover im- MENTS.—The Improper Payments Elimination fice of Management and Budget shall submit to proper payments; and and Recovery Act of 2010 (Public Law 111–204; Congress an annual report, which may be in- ‘‘(bb) intends to take to prevent future im- 124 Stat. 2224) is amended— cluded as part of another report submitted to proper payments; and (1) in section 2(h)(1) (31 U.S.C. 3321 note), by Congress by the Director, regarding the oper- ‘‘(ii) shall not include any referrals the agen- striking ‘‘section 2(f)’’ and all that follows and ation of the Do Not Pay Initiative, which cy made or anticipates making to the Depart- inserting ‘‘section 2(g) of the Improper Pay- shall—

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00218 Fmt 4624 Sfmt 6333 E:\CR\FM\A12DE6.041 S12DEPT1 tjames on DSK6SPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — SENATE S7971 (A) include an evaluation of whether the Do specific estimate of any savings under the com- section 205(r) of the Social Security Act (42 Not Pay Initiative has reduced improper pay- puter matching agreement. U.S.C. 405(r)). ments or improper awards; and (F) GUIDANCE BY THE OFFICE OF MANAGEMENT (2) ADDITIONAL ACTIONS UNDER PLAN.—The (B) provide the frequency of corrections or AND BUDGET.—Not later than 6 months after the plan established under this subsection shall in- identification of incorrect information. date of enactment of this subtitle, and in conclude recommended actions by agencies to— (c) DATABASE INTEGRATION PLAN.—Not later sultation with the Council of Inspectors General (A) increase the quality and frequency of ac- than 60 days after the date of enactment of this on Integrity and Efficiency, the Secretary of cess to the Death Master File and other death subtitle, the Director of the Office of Manage- Health and Human Services, the Commissioner data; ment and Budget shall provide to the Congress of Social Security, and the head of any other (B) achieve a goal of at least daily access as a plan for— relevant agency, the Director of the Office of appropriate; (1) inclusion of other databases on the Do Not Management and Budget shall— (C) provide for all States and other data pro- Pay Initiative; (i) issue guidance for agencies regarding im- viders to use improved and electronic means for (2) to the extent permitted by law, agency ac- plementing this paragraph, which shall include providing data; cess to the Do Not Pay Initiative; and standards for— (D) identify improved methods by agencies for (3) the multilateral data use agreements de- (I) reimbursement of costs, when necessary, determining ineligible payments due to the scribed under subsection (e). between agencies; death of a recipient through proactive (d) INITIAL WORKING SYSTEM.— (II) retention and timely destruction of verification means; and (1) ESTABLISHMENT.—Not later than 90 days records in accordance with section 552a(o)(1)(F) (E) address improper payments made by agen- after the date of enactment of this subtitle, the of title 5, United States Code; cies to deceased individuals as part of Federal Director of the Office of Management and (III) prohibiting duplication and redisclosure retirement programs. Budget shall establish a working system for pre- of records in accordance with section (3) REPORT.—Not later than 120 days after the payment and preaward review that includes the 552a(o)(1)(H) of title 5, United States Code; date of enactment of this subtitle, the Director Do Not Pay Initiative as described under this (ii) review the procedures of the Data Integ- of the Office of Management and Budget shall section. rity Boards established under section 552a(u) of submit a report to Congress on the plan estab- (2) WORKING SYSTEM.—The working system es- title 5, United States Code, and develop new lished under this subsection, including rec- tablished under paragraph (1)— guidance for the Data Integrity Boards to— ommended legislation. (A) may be located within an appropriate (I) improve the effectiveness and responsive- SEC. 5316. IMPROVING RECOVERY OF IMPROPER agency; ness of the Data Integrity Boards; and PAYMENTS. (B) shall include not less than 3 agencies as (II) ensure privacy protections in accordance (a) DEFINITION.—In this section, the term ‘‘re- users of the system; and with section 552a of title 5, United States Code covery audit’’ means a recovery audit described (C) shall include investigation activities for (commonly known as the Privacy Act of 1974); under section 2(h) of the Improper Payments fraud and systemic improper payments detection and Elimination and Recovery Act of 2010. through analytic technologies and other tech- (III) establish standard matching agreements (b) REVIEW.—The Director of the Office of niques, which may include commercial database for use when appropriate; and Management and Budget shall determine— use or access. (iii) establish and clarify rules regarding what (1) current and historical rates and amounts (3) APPLICATION TO ALL AGENCIES.—Not later constitutes making an agreement entered under of recovery of improper payments (or, in cases in than June 1, 2013, each agency shall review all subparagraph (A) available upon request to the which improper payments are identified solely payments and awards for all programs of that public for purposes of section 552a(o)(2)(A)(ii) of on the basis of a sample, recovery rates and agency through the system established under title 5, United States Code, which shall include amounts estimated on the basis of the applicable this subsection. requiring publication of the agreement on a sample), including a list of agency recovery (e) FACILITATING DATA ACCESS BY FEDERAL public website. audit contract programs and specific informa- AGENCIES AND OFFICES OF INSPECTORS GENERAL (G) CORRECTIONS.—The Director of the Office tion of amounts and payments recovered by re- FOR PURPOSES OF PROGRAM INTEGRITY.— of Management and Budget shall establish pro- covery audit contractors; and (1) DEFINITION.—In this subsection, the term cedures providing for the correction of data in (2) targets for recovering improper payments, ‘‘Inspector General’’ means an Inspector Gen- order to ensure— including specific information on amounts and eral described in subparagraph (A), (B), or (I) of (i) compliance with section 552a(p) of title 5, payments recovered by recovery audit contrac- section 11(b)(1) of the Inspector General Act of United States Code; and tors. 1978 (5 U.S.C. App.). (ii) that corrections are made in any Do Not Subtitle C—Sense of Congress Regarding (2) COMPUTER MATCHING BY FEDERAL AGEN- Pay Initiative database and in any relevant Spectrum CIES FOR PURPOSES OF INVESTIGATION AND PRE- source databases designated by the Director of SEC. 5317. SENSE OF CONGRESS REGARDING VENTION OF IMPROPER PAYMENTS AND FRAUD.— the Office of Management and Budget under SPECTRUM. (A) IN GENERAL.—Except as provided in this subsection (b)(1). It is the sense of Congress that— paragraph, in accordance with section 552a of (H) COMPLIANCE.—The head of each agency, (1) the Nation’s mobile communications indus- title 5, United States Code (commonly known as in consultation with the Inspector General of try is a significant economic engine, by one esti- the Privacy Act of 1974), each Inspector General the agency, shall ensure that any information mate directly or indirectly supporting 3,800,000 and the head of each agency may enter into provided to an individual or entity under this jobs, or 2.6 percent of all United States employ- computer matching agreements that allow ongo- subsection is provided in accordance with proto- ment, contributing $195,500,000,000 to the United ing data matching (which shall include auto- cols established under this subsection. States gross domestic product and driving mated data matching) in order to assist in the (I) RULE OF CONSTRUCTION.—Nothing in this $33,000,000,000 in productivity improvements in detection and prevention of improper payments. subsection shall be construed to affect the rights 2011; (B) REVIEW.—Not later than 60 days after a of an individual under section 552a(p) of title 5, (2) while wireless carriers are continually im- proposal for an agreement under subparagraph United States Code. plementing new and more efficient technologies (A) has been presented to a Data Integrity (f) DEVELOPMENT AND ACCESS TO A DATABASE and techniques to maximize their existing spec- Board established under section 552a(u) of title OF INCARCERATED INDIVIDUALS.—Not later than trum capacity, there is a pressing need for addi- 5, United States Code, for consideration, the 1 year after the date of enactment of this sub- tional spectrum for mobile broadband services, Data Integrity Board shall respond to the pro- title, the Attorney General shall submit to Con- with one report predicting that global mobile posal. gress recommendations for increasing the use of, data traffic will increase 18-fold between 2011 (C) TERMINATION DATE.—An agreement under access to, and the technical feasibility of using and 2016 at a compound annual growth rate of subparagraph (A)— data on the Federal, State, and local conviction 78 percent, reaching 10.8 exabytes per month by (i) shall have a termination date of less than and incarceration status of individuals for pur- 2016; 3 years; and poses of identifying and preventing improper (3) as the Nation faces the growing demand (ii) during the 3-month period ending on the payments by Federal agencies and programs for spectrum, consideration should be given to date on which the agreement is scheduled to ter- and fraud. both the supply of spectrum for licensed net- minate, may be renewed by the agencies enter- (g) PLAN TO CURB FEDERAL IMPROPER PAY- works and for unlicensed devices; ing the agreement for not more than 3 years. MENTS TO DECEASED INDIVIDUALS BY IMPROVING (4) while this additional demand can be met in (D) MULTIPLE AGENCIES.—For purposes of this THE QUALITY AND USE BY FEDERAL AGENCIES OF part by reallocating spectrum from existing non- paragraph, section 552a(o)(1) of title 5, United THE SOCIAL SECURITY ADMINISTRATION DEATH governmental uses, the long-term solution must States Code, shall be applied by substituting MASTER FILE.— include reallocation and sharing of Federal ‘‘between the source agency and the recipient (1) ESTABLISHMENT.—In conjunction with the Government spectrum for private sector use; agency or non-Federal agency or an agreement Commissioner of Social Security and in con- (5) recognizing the important uses of spectrum governing multiple agencies’’ for ‘‘between the sultation with relevant stakeholders that have by the Federal Government, including for na- source agency and the recipient agency or non- an interest in or responsibility for providing the tional and homeland security, law enforcement Federal agency’’ in the matter preceding sub- data, and the States, the Director of the Office and other critical federal uses, existing law en- paragraph (A). of Management and Budget shall establish a sures that Federal operations are not harmed as (E) COST-BENEFIT ANALYSIS.—A justification plan for improving the quality, accuracy, and a result of a reallocation of spectrum for com- under section 552a(o)(1)(B) of title 5, United timeliness of death data maintained by the So- mercial use, including through the establish- States Code, relating to an agreement under cial Security Administration, including death ment of the Spectrum Relocation Fund to reim- subparagraph (A) is not required to contain a information reported to the Commissioner under burse Federal users for the costs of planning

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00219 Fmt 4624 Sfmt 6333 E:\CR\FM\A12DE6.041 S12DEPT1 tjames on DSK6SPTVN1PROD with S7972 CONGRESSIONAL RECORD — SENATE December 12, 2012 and implementing relocation and sharing ar- league from the State of Alaska, Ms. language is in no way intended to upset rangements and, with respect to spectrum va- MURKOWSKI, and my colleague from the that balance, but rather to insure that cated by the Department of Defense, certifi- State of Washington, Ms. CANTWELL, the status quo of separate and mutu- cation under section 1062 of P.L. 106–65 by the regarding a provision in H.R. 2838, the ally exclusive sectors remains in place Secretaries of Defense and Commerce and the Chairman of the Joint Chiefs of Staff that re- Coast Guard and Maritime Transpor- while affording the Amendment 80 fleet placement spectrum provides comparable tech- tation Act of 2012, that deals with two the opportunity to replace their older nical characteristics to restore essential military great fisheries of the Bering Sea. The vessels with new ones and to encourage capability; and American Fisheries Act—AFA—regu- the economic investments that would (6) given the need to determine equitable out- lates one of the single greatest fishery follow. comes for the Nation in relation to spectrum use resources in the world: Alaska Pollock. Mr. BEGICH Madam President, as that balance the private sector’s demand for This fishery produces over 2 billion chairman of the Commerce Sub- spectrum with national security and other crit- pounds of product in most years and is committee on Oceans, Atmosphere, ical federal missions, all interested parties sustainably harvested, thanks to Fisheries and the Coast Guard, I con- should be encouraged to continue the collabo- cur with my colleagues that this is an rative efforts between industry and government standards set under the Magnuson-Ste- stakeholders that have been launched by the vens Fishery Conservation and Man- important provision, and I want to re- National Telecommunications and Information agement Act. Amendment 80 to the iterate that it is only designed to Administration to assess and recommend prac- Bering Sea Groundfish Fishery Man- maintain and reinforce the separation tical frameworks for the development of reloca- agement Plan regulates fishing for between these two fisheries, and noth- tion, transition, and sharing arrangement and other species of groundfish like Pacific ing more. As NOAA informed our of- plans for 110 megahertz of federal spectrum in cod, Atka mackerel and yellowfin sole fices via email this week: ‘‘There is the 1695–1710 MHz and the 1755–1850 MHz currently a regulatory prohibition on bands. and while smaller than the AFA fishery, it still ranks among the major AFA vessels from being used as re- Under the previous order, the Pre- fisheries of the world. placement vessels in the Amendment 80 siding Officer appointed Mr. LEVIN, Mr. Ms. MURKOWSKI. Madam President, fleet. The concerns addressed in the as- LIEBERMAN, Mr. REED, Mr. AKAKA, Mr. I agree these are two great fisheries sistance address what would occur if NELSON of Nebraska, Mr. WEBB, Mrs. and economic drivers of our thriving that regulatory prohibition were to be MCCASKILL, Mr. UDALL of Colorado, seafood industry. I have a question removed. Subject to judicial interpre- Mrs. HAGAN, Mr. BEGICH, Mr. MANCHIN, about Section 307 of H.R. 2838, which I tation, any change to the status quo Mrs. SHAHEEN, Mrs. GILLIBRAND, Mr. understand is intended to clarify long- would need to be made through the BLUMENTHAL, Mr. MCCAIN, Mr. INHOFE, standing restrictions that have applied Council’s and NOAA Fisheries’ rule- Mr. SESSIONS, Mr. CHAMBLISS, Mr. with respect to certain vessels under making process and is unlikely to WICKER, Mr. BROWN of Massachusetts, the American Fisheries Act. I know occur in the near future.’’ Mr. PORTMAN, Ms. AYOTTE, Ms. COL- I thank my colleagues. that Senator CANTWELL and the senior LINS, Mr. GRAHAM, Mr. CORNYN, and Mr. SURVIVAL CRAFT Senator from Washington, Mrs. MUR- VITTER conferees on the part of the RAY, have worked with Senator BEGICH Mr. HARKIN. Madam President, as Senate. my colleagues know, I was the lead The PRESIDING OFFICER (Mrs. and others to develop this language for inclusion in the final version of the Senate author of the Americans with MURRAY). The Senator from Rhode Is- Disabilities Act the ADA. The ADA land is recognized. Coast Guard bill as received from the other body last week, and I think it is stands for a simple proposition—that f important for us to make clear what it disability is a natural part of the EXTENSION OF MORNING is intended to do. I am told that this human experience and that all people with disabilities have a right to make BUSINESS provision is designed to maintain and choices and participate fully in all as- Mr. WHITEHOUSE. Madam Presi- reinforce the separation that exists be- pects of society. Thanks to the ADA, dent, I ask unanimous consent that the tween these two fisheries, and nothing our country has become a more wel- Senate continue in morning business more. Currently, none of these 20 AFA coming place not just for people with a until 7 p.m. vessels participate in the Amendment The PRESIDING OFFICER. Is there variety of disabilities but for everyone. 80 fishery, and under Amendment 97 to In that context, I want to raise an objection? the Bering Sea Fishery Management Without objection, it is so ordered. issue in H.R. 2838, the Coast Guard and Plan they are expressly prohibited Maritime Transportation Act of 2012. Mr. WHITEHOUSE. I suggest the ab- from doing so. Is it true that Section sence of a quorum. Under current law, there is a provision 307 maintains this separation? that requires that no survival craft The PRESIDING OFFICER. The Ms. CANTWELL. Madam President, I clerk will call the roll. allow a person to be submerged in appreciate Senator MURKOWSKI raising The assistant legislative clerk pro- water. H.R. 2838 requires a study and this issue, as I know it is of great im- ceeded to call the roll. report on this requirement to be com- Mr. BEGICH. Madam President, I ask portance to both our States, and I am pleted within 6 months. While I have unanimous consent that the order for happy to discuss the intent and effect no objection to the Coast Guard doing the quorum call be rescinded. of the provision to which she is refer- another report on the issue, I want to The PRESIDING OFFICER. Without ring. Senator MURRAY and I have be sure that this study will appro- objection, it is so ordered. worked closely with Senator BEGICH, priately take into account the specific with the Commerce Committee, and f needs of people with a diverse variety with our colleagues in the other body of disabilities who may need to utilize COAST GUARD AUTHORIZATION to develop this language for inclusion these survival craft. For example, my ACT OF 2012 in the Coast Guard bill. Section 307 of expectation is that the study would not Mr. BEGICH. Madam President, I H.R. 2838 does, as Senator MURKOWSKI recommend that all individuals be re- now lay before the Senate a message states, clarify longstanding restric- quired to hold on to the outside of the from the House with respect to H.R. tions that apply to certain vessels survival craft or other items, since an 2838. under the American Fisheries Act. The individual with a significant disability The PRESIDING OFFICER laid be- intent of this language is to maintain may not be able to do so, as a result of fore the Senate the following message the status quo between two separate their disability. In addition, it is im- from the House of Representatives: and distinct fisheries: one regulated portant that not only the means of Resolved, That the bill from the House of under the American Fisheries Act and Representatives (H.R. 2838) entitled ‘‘An Act egress, but also the avenues for evacu- to authorize appropriations for the Coast the other by Amendment 80 to the Ber- ation and rescue should be accessible Guard for fiscal years 2012 through 2015, and ing Sea Fishery Management Plan. for people with disabilities. for other purposes.’’, do pass with amend- There has always been a careful bal- I would also want to be sure that the ments. ance struck between these two sectors, study will be completed within the 6 AMERICAN FISHERIES ACT VESSELS and we need to maintain that balance month designated period. Mr. BEGICH. Madam President, I rise in order to protect the investments and Mr. ROCKEFELLER. Mr. President, I to engage in a colloquy with my col- job opportunities they provide. This very much appreciate the comments of

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00220 Fmt 4624 Sfmt 0634 E:\CR\FM\A12DE6.041 S12DEPT1 tjames on DSK6SPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — SENATE S7973 the Senator from Iowa. My expectation make sure they have the tools essen- upon the table, with no intervening ac- is that the Coast Guard study and re- tial to carrying out their missions suc- tion or debate; and that any state- port will include the consideration of cessfully. With the passage of this ments relating to the measure be print- the specific needs of individuals with year’s Coast Guard reauthorization ed in the RECORD. disabilities with respect to their use of bill, I believe we’re on our way towards The PRESIDING OFFICER. Without survival craft, and will not make any meeting that responsibility. objection, it is so ordered. recommendations that could be consid- This bipartisan bill authorizes addi- Mr. BEGICH. To conclude, this is the ered discriminatory against people tional funding and personnel levels for Coast Guard reauthorization bill. It is with disabilities, or require individuals the Coast Guard over fiscal years 2013 a bill that has taken a while to work with disabilities to perform actions and 2014, improving its ability to carry out between all of the parties, but it which they may be unable to do as a out its three overarching roles of mari- has incredible value, obviously, for my result of their specific disability. The time security, safety and stewardship home State of Alaska and for the Pre- goal of the study and report should be successfully. The bill also makes a siding Officer’s home State of Wash- an inclusive one which allows people number of changes to the Coast ington and for, really, the country to with disabilities to participate fully in Guard’s major acquisitions authorities make sure we have the right elements the underlying activity, and provides a critical to the ongoing and needed re- for our Coast Guard. It is very exciting full and equal opportunity for each per- capitalization of its aging fleet. Addi- to see it now moves from this side, and son with a disability to utilize these tionally, the bill addresses America’s we anticipate the House will accept it. survival craft in a safe manner, as nec- increasing presence in a changing Arc- So thank you very much, Madam essary. I will continue to work with my tic by ensuring that the Coast Guard President. I note the absence of a colleague from Iowa and the Coast maintains and strengthens its capa- quorum. The PRESIDING OFFICER. The Guard on these issues and I will en- bility to conduct polar ice operations clerk will call the roll. courage the Coast Guard to complete in support of its statutory missions and The legislative clerk called the roll. their report within the 6 month period operational needs of the United States Mr. COONS. Mr. President, I ask so that new requirements will take ef- Navy. Importantly, the bill also gives unanimous consent that the order for fect in a timely manner. the Coast Guard greater parity with its the quorum call be rescinded. Mr. HARKIN. Mr President, I appre- sister Armed Services by further align- The PRESIDING OFFICER (Mr. ciate the efforts of the Senator from ing Coast Guard management and per- BEGICH). Without objection, it is so or- West Virginia, the chairman of the sonnel authorities with statutory au- dered. Commerce Committee, and I look for- thorities of the Department of Defense f ward to continuing to work with him to better support its service members to assure that individuals with disabil- and their families. TRIBUTE TO MATTHEW WALKER ities have access to survival craft that The bill’s passage would not have Ms. SNOWE. Mr. President, I rise will properly protect them from injury. been successful without the tireless ef- today to recognize the outstanding Mr. ROCKEFELLER. Madam Presi- forts of many here in Congress. I first service provided by one of my long- dent, I rise today to celebrate the final want to thank Senator BEGICH, who, serving staff members, Matthew Walk- passage of a reconciled Coast Guard au- after assuming the chairmanship of the er, to the Small Business Committee, thorization bill for fiscal years 2013 and Oceans Subcommittee at the beginning our beloved home State of Maine, and 2014. This achievement is the culmina- of this Congress, quickly went to work indeed our Nation. Matt is a dedicated tion of several months of careful nego- on drafting the Senate’s version of the individual whose enthusiasm and in- tiation between the Senate and the Coast Guard bill. His legislation, of sights will be sorely missed. As he House, and is a tribute to what can which I was a proud cosponsor, served moves on to the next step in his profes- happen when we rise above trivial par- as a blueprint for the Senate’s negotia- sional life, I wish him the best and tisanship, roll up our sleeves, and reach tions with the House. thank him for his years of service. across the aisle on behalf of the Amer- I also want to thank my dear friend A native son of Bangor, ME, Matt at- ican people. and ranking member of the Commerce tended my alma mater, the University The United States Coast Guard is Committee, Senator HUTCHISON. Her ef- of Maine, before earning his Juris Doc- truly unique among the services and forts were instrumental to moving the tor from the Maine School of Law. I agencies of the Federal Government. ball down the field. It is increasingly first met Matt when he served as an in- As a branch of our Armed Forces, it de- difficult to get consensus in this body, tern in my office in 1994, when I was fends the Nation in time of war, but it particularly for legislation that needs still a Member of the House of Rep- also functions as a Federal agency with unanimity. Without her efforts to ham- resentatives, and since then he has law enforcement and regulatory au- mer out differences across the aisle, to- been an integral part of my staff for thority in a number of areas critical to day’s achievement would not have been nearly 14 years collectively. Among his our national security, economic secu- possible. Senator HUTCHISON will be experiences, he has been a volunteer on rity, and environment. Today, the missed. my first Senatorial campaign, worked Coast Guard is charged with 11 statu- In recent weeks, much attention was in two of my district offices handling tory missions that include saving lives given to the efforts to pass needed re- constituent casework, served in my at sea; protecting our ports, water- authorization for the Department of personal office in Washington, and ways, and maritime infrastructure Defense and each of the Armed Serv- most recently, Matt performed the ab- from terrorists; responding to natural ices under it. It was a tough slog, but solutely crucial role of Deputy Staff disasters; interdicting drugs and mi- in the end it demonstrated what can be Director and Chief Counsel on the Sen- grants at sea; and protecting our ma- achieved when the Senate works as it ate Committee on Small Business and rine environment. should. In its own quiet way, the pas- Entrepreneurship. From these roles he Each and every day, we ask the 42,000 sage of this legislation for this essen- has gained diverse and invaluable men and women of the Coast Guard to tial service branch is a testament to knowledge from many areas, from pro- put their lives on the line to carry out that as well. viding effective constituent services to these important missions. Over the Mr. BEGICH. I further ask that the the people of Maine to drafting and in- past few years, we have seen the Coast Senate immediately proceed to a voice troducing significant legislation. His Guard take the lead in responding to vote on a motion to concur in the flexibility and wide range of experience numerous crises like Hurricanes House amendment to the Senate have made him a vital member of my Katrina and Sandy, the earthquake in amendment to H.R. 2838. staff. On the Small Business Com- Haiti, and the BP Deepwater Horizon The PRESIDING OFFICER. If there mittee, Matt has been a trusted advisor oil spill. In all of these cases, the Coast is no further debate, the question is on on a host of legislative issues that have Guard has met and exceeded our expec- agreeing to the motion. come before the Committee since 2003, tations. We have asked them to do The motion was agreed to. as well as shaping the Committee’s more with less and they have re- Mr. BEGICH. I further ask that the agenda during my tenure as chair and sponded. The least we can do is to motion to reconsider be made and laid ranking member.

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00221 Fmt 4624 Sfmt 0634 E:\CR\FM\A12DE6.032 S12DEPT1 tjames on DSK6SPTVN1PROD with S7974 CONGRESSIONAL RECORD — SENATE December 12, 2012 Anyone who knows Matt can attest ‘‘Super Lawyers’’ from 2006 through she will have continued success with to the crucial role service to our Na- 2011 and being named a Top Commer- all of her future endeavors. I wish her tion plays in his life. A recent retiree cial Litigation Lawyer by American all my best on her next journey.∑ from the National Guard and a veteran, Litigation Magazine. He also was the f Matt served a 1-year tour of duty in Af- recipient of the Distinguished Service TRIBUTE TO RONALD PALMER ghanistan in 2006 and 2007. And I cer- Award of the American Inns of Court in tainly gained an even greater sense of 1993 and the Jack R. Givens Award for ∑ Mr. BARRASSO. Mr. President, I what it was like to experience the Professionalism and Service in 1998. would like to take the opportunity to gratification and honor—as well as The Oklahoma Bar Association Board express my appreciation to Ronald trepidation—that service members feel of Governors has endorsed Mr. Palmer for his hard work as an intern when we saw Master Sergeant Walker Dowdell’s nomination to this judicial in my Casper office. I recognize his ef- deploy. I was so touched when Matt position and passed a resolution prais- forts and contributions to my office as had an American flag fly over Bagram ing his demeanor, intelligence, and well as to the State of Wyoming. Air Field in Afghanistan for me, and legal skills. Ronald is a native of Rawlins, WY when he sent it to me, I had it framed I firmly believe the rule of law is the and a graduate of Rawlins High School. and displayed in my front office. foundation of our great Nation. By con- He currently attends Casper College Finally, I would be remiss if I didn’t firming judges of high character and where he is majoring in theatre per- mention Matt’s boundless energy, per- integrity such as Mr. Dowdell, who are formance. He has demonstrated a sonable demeanor, and infectious sense committed to the principles estab- strong work ethic, which has made him of humor. Over the years, I have been lished by our Founders, we will ensure an invaluable asset to our office. The truly fortunate to benefit from Matt’s our Federal court system continues to quality of his work is reflected in his indispensable wisdom and thoughtful dispense fair and predictable justice to great efforts over the last several guidance. I will miss his strong work all. I thank my colleagues for joining months. ethic and cheerful demeanor, which me in supporting John Dowdell’s con- I want to thank Ronald for the dedi- have been nearly constant in my office firmation to the District Court for the cation he has shown while working for for so long. Matt’s strengths and at- Northern District of Oklahoma. me and my staff. It was a pleasure to tributes will serve him well as he f have him as part of our team. I know moves off the Hill. I wish Matt, his wife he will have continued success with all Rhonda, and their beautiful children, ADDITIONAL STATEMENTS of his future endeavors. I wish him all Riley and Logan, all the best as they my best on his next journey.∑ begin an exciting new chapter. TRIBUTE TO REBEKAH FORMAN f f ∑ Mr. BARRASSO. Mr. President, I TRIBUTE TO MARY FRANCES NOMINATION OF JOHN DOWDELL would like to take the opportunity to ROONEY Mr. COBURN. Mr. President, I rise to express my appreciation to Rebekah ∑ Mr. BARRASSO. Mr. President, I speak of the confirmation of John Forman for her hard work as an intern would like to take the opportunity to Dowdell of Tulsa, OK, to a seat on the in my Cheyenne office. I recognize her express my appreciation to Franci Roo- District Court for the Northern Dis- efforts and contributions to my office ney for her hard work as an intern in trict of Oklahoma. as well as to the State of Wyoming. my Washington, D.C. office. I recognize Mr. Dowdell is a native of Tulsa and Rebekah is a native of Sheridan, WY her efforts and contributions to my of- a graduate of Bishop Kelly High and a graduate of Sheridan High fice as well as to the State of Wyo- School. Mr. Dowdell received his B.A. School. She currently attends Laramie ming. from Wake Forest University in 1978 County Community College. She has Franci is a native of Dallas, TX. She and his J.D. from the University of demonstrated a strong work ethic, graduated from the University of Notre Tulsa College of Law in 1981. Following which has made her an invaluable asset Dame with a bachelor of arts in philos- law school, he served for two years as a to our office. The quality of her work is ophy and Spanish. She has dem- law clerk to the Honorable William J. reflected in her great efforts over the onstrated a strong work ethic, which Holloway of the Tenth Circuit Court of last several months. has made her an invaluable asset to Appeals. He then joined the firm of I want to thank Rebekah for the our office. The quality of her work is Norman & Wohlgemuth as an asso- dedication she has shown while work- reflected in her great efforts over the ciate. In 1987, he was promoted to part- ing for me and my staff. It is wonderful last several months. ner and the firm became Norman to have her as part of our team. I am I want to thank Franci for the dedi- Wohlgemuth Chandler & Dowdell. Mr. pleased she will be continuing her in- cation she has shown while working for Dowdell’s practice areas include com- ternship with my office through next me and my staff. It was a pleasure to plex litigation and appellate work. He semester.∑ have her as part of our team. I know has been involved with six cases before f she will have continued success with the U.S. Supreme Court and has liti- all of her future endeavors. I wish her TRIBUTE TO MARY FREEMAN gated before the Tenth Circuit Court of all my best on her next journey.∑ ∑ Appeals on numerous occasions. Mr. BARRASSO. Mr. President, I f In addition to his legal practice, Mr. would like to take the opportunity to Dowdell serves as an Adjunct Settle- express my appreciation to Mary Free- TRIBUTE TO ABRAHAM SCHREIER ment Judge in the Northern District of man for her hard work as an intern in ∑ Mr. BARRASSO. Mr. President, I Oklahoma. In this capacity he has con- my Cheyenne office. I recognize her ef- would like to take the opportunity to ducted over 50 mediations on a pro forts and contributions to my office as express my appreciation to Abe bono basis. He has also performed ex- well as to the State of Wyoming. Schreier for his hard work as an intern tensive pro bono work for several Mary is a native of Cheyenne, WY in my Washington, D.C. office. I recog- criminal appellate cases and his alma and a graduate of Cheyenne East High nize his efforts and contributions to mater, Bishop Kelley High School. Ad- School. She currently attends the Uni- my office as well as to the State of Wy- ditionally, Mr. Dowdell is a member of versity of Wyoming College of Law. oming. the Editorial Board of the Oklahoma She has demonstrated a strong work Abe is a native of Fort Wayne, IN. He Bar Association, a former president of ethic, which has made her an invalu- graduated from Indiana University the Bishop Kelley High School Board of able asset to our office. The quality of with a bachelor of arts in political Directors, and was appointed by the her work is reflected in her great ef- science and history. He has dem- mayor to serve on Tulsa’s Public Fa- forts over the last several months. onstrated a strong work ethic, which cilities Board. I want to thank Mary for the dedica- has made him an invaluable asset to Mr. Dowdell has received numerous tion she has shown while working for our office. The quality of his work is honors for his legal practice, including me and my staff. It was a pleasure to reflected in his great efforts over the being rated as one of Oklahoma’s have her as part of our team. I know last several months.

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00222 Fmt 4624 Sfmt 0634 E:\CR\FM\A12DE6.036 S12DEPT1 tjames on DSK6SPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — SENATE S7975 I want to thank Abe for the dedica- EC–8547. A communication from the Direc- EC–8556. A communication from the Direc- tion he has shown while working for tor of the Regulatory Management Division, tor of the Regulatory Management Division, me and my staff. It was a pleasure to Environmental Protection Agency, transmit- Environmental Protection Agency, transmitting, pursuant to law, the report of a rule en- ting, pursuant to law, the report of a rule en- have him as part of our team. I know titled ‘‘Buprofezin Pesticide Tolerances; titled ‘‘Approval and Promulgation of Air he will have continued success with all Technical Correction’’ (FRL No. 9371–3) re- Quality Implementation Plans; West Vir- of his future endeavors. I wish him all ceived in the Office of the President of the ginia; The 2002 Base Year Emissions Inven- my best on his next journey.∑ Senate on December 6, 2012; to the Com- tory for the Parkersburg-Marietta, WV-OH f mittee on Agriculture, Nutrition, and For- Nonattainment Area for the 1997 Fine Par- estry. ticulate Matter National Ambient Air Qual- TRIBUTE TO CYRUS WESTERN EC–8548. A communication from the Direc- ity Standard’’ (FRL No. 9760–7) received in ∑ tor of the Regulatory Management Division, the Office of the President of the Senate on Mr. BARRASSO. Mr. President, I Environmental Protection Agency, transmit- December 6, 2012; to the Committee on Envi- would like to take the opportunity to ting, pursuant to law, the report of a rule en- ronment and Public Works. express my appreciation to Cyrus West- titled ‘‘Zeta Cypermethrin; Pesticide Toler- EC–8557. A communication from the Direc- ern for his hard work as an intern in ances’’ (FRL No. 9371–7) received in the Of- tor of the Regulatory Management Division, the U.S. Senate Committee on Indian fice of the President of the Senate on Decem- Environmental Protection Agency, transmit- Affairs. I recognize his efforts and con- ber 6, 2012; to the Committee on Agriculture, ting, pursuant to law, the report of a rule en- Nutrition, and Forestry. titled ‘‘Approval and Promulgation of Air tributions to my office as well as to the EC–8549. A communication from the Direc- State of Wyoming. Quality Implementation Plans; West Vir- tor of the Regulatory Management Division, ginia; The 2002 Base Year Emissions Inven- Cyrus is a native of Sheridan, WY. He Environmental Protection Agency, transmit- tory for the Charleston Nonattainment Area graduated from Washington and Jeffer- ting, pursuant to law, the report of a rule en- for the 1997 Fine Particulate Matter Na- son College with a bachelor of arts in titled ‘‘Spirodiclofen; Pesticide Tolerances’’ tional Ambient Air Quality Standard’’ (FRL environmental science. He has dem- (FRL No. 9371–5) received in the Office of the No. 9759–7) received in the Office of the Presi- onstrated a strong work ethic, which President of the Senate on December 6, 2012; dent of the Senate on December 6, 2012; to has made him an invaluable asset to to the Committee on Agriculture, Nutrition, the Committee on Environment and Public and Forestry. our office. The quality of his work is Works. EC–8550. A communication from the Direc- EC–8558. A communication from the Direc- reflected in his great efforts over the tor of the Regulatory Management Division, tor of the Regulatory Management Division, last several months. Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- I want to thank Cyrus for the dedicating, pursuant to law, the report of a rule en- ting, pursuant to law, the report of a rule en- tion he has shown while working for titled ‘‘Fenpyroximate; Pesticide Toler- titled ‘‘Approval and Promulgation of Air me and my staff. It was a pleasure to ances’’ (FRL No. 9360–3) received in the Of- Quality Implementation Plans; Maryland; fice of the President of the Senate on Decem- The 2002 Base Year Inventory for the Balti- have him as part of our team. I know ber 6, 2012; to the Committee on Agriculture, he will have continued success with all more, Maryland Nonattainment Area for the Nutrition, and Forestry. 1997 Fine Particulate Matter National Ambi- of his future endeavors. I wish him all EC–8551. A communication from the Chief ent Air Quality Standard’’ (FRL No. 9759–6) ∑ Counsel, Federal Emergency Management my best on his next journey. received in the Office of the President of the Agency, Department of Homeland Security, f Senate on December 6, 2012; to the Com- transmitting, pursuant to law, the report of mittee on Environment and Public Works. MESSAGES FROM THE HOUSE a rule entitled ‘‘Final Flood Elevation Deter- EC–8559. A communication from the Direc- minations’’ ((44 CFR Part 67) (Docket No. tor of the Regulatory Management Division, ENROLLED BILLS SIGNED FEMA–2012–0003)) received in the Office of Environmental Protection Agency, transmit- At 12:19 p.m., a message from the the President of the Senate on December 6, ting, pursuant to law, the report of a rule en- 2012; to the Committee on Banking, Housing, House of Representatives, delivered by titled ‘‘Approval and Promulgation of Air and Urban Affairs. Mr. Novotny, one of its reading clerks, Quality Implementation Plans; Maryland; announced that the Speaker has signed EC–8552. A communication from the Dep- uty Assistant Administrator for Operations, The 2002 Base Year Emissions Inventory for the following enrolled bills: Office of Sustainable Fisheries, Department the Washington County, Maryland Non- H.R. 3187. An act to require the Secretary of Commerce, transmitting, pursuant to law, attainment Area for the 1997 Fine Particu- of the Treasury to mint coins in recognition the report of a rule entitled ‘‘Fisheries of the late Matter National Ambient Air Quality and celebration of the 75th anniversary of Northeastern United States; Atlantic Mack- Standard’’ (FRL No. 9760–1) received in the the establishment of the March of Dimes erel, Squid, and Butterfish Fisheries; Speci- Office of the President of the Senate on De- Foundation. fications and Management Measures’’ cember 6, 2012; to the Committee on Environ- H.R. 6582. An act to allow for innovations (RIN0648–BC57) received in the Office of the ment and Public Works. and alternative technologies that meet or President of the Senate on December 6, 2012; EC–8560. A communication from the Direc- exceed desired efficiency goals, and to make to the Committee on Commerce, Science, tor of the Regulatory Management Division, technical corrections to existing Federal en- and Transportation. Environmental Protection Agency, transmit- ergy efficiency laws to allow American man- EC–8553. A communication from the Attor- ting, pursuant to law, the report of a rule en- ufacturers to remain competitive. ney-Advisor, U.S. Coast Guard, Department titled ‘‘Regulation of Fuels and Fuel Addi- tives: Modifications to Renewable Fuel The enrolled bills were subsequently of Homeland Security, transmitting, pursuant to law, the report of a rule entitled Standard and Diesel Sulfur Programs’’ (FRL signed by the Acting President pro ‘‘Safety Zone; Crescent City Fourth of July No. 9758–8) received in the Office of the Presi- tempore (Mrs. GILLIBRAND). Fireworks Event, Crescent City, CA’’ dent of the Senate on December 6, 2012; to ((RIN1625–AA00) (Docket No. USCG–2012– the Committee on Environment and Public At 5:35 p.m., a message from the 0141)) received during adjournment of the Works. House of Representatives, delivered by Senate in the Office of the President of the EC–8561. A communication from the Direc- Mr. Novotny, one of its reading clerks, Senate on August 6, 2012; to the Committee tor of the Regulatory Management Division, announced that the House has agreed on Commerce, Science, and Transportation. Environmental Protection Agency, transmitting, pursuant to law, the report of a rule en- to the following resolution: EC–8554. A communication from the Prin- cipal Deputy Assistant Secretary for Fish titled ‘‘Approval and Promulgation of Air H. Res. 829. Resolution to respectfully re- and Wildlife and Parks, National Park Serv- Quality Implementation Plans; West Vir- turn to the Senate the bill (H. R. 4310) to au- ice, Department of the Interior, transmit- ginia; The 2002 Base Year Emissions Inven- thorize appropriations for fiscal year 2013 for ting, pursuant to law, the report of a rule en- tory for the Huntington-Ashland, WV–KY-OH military activities of the Department of De- titled ‘‘Special Regulations; Areas of the Na- Nonattainment Area for the 1997 Fine Par- fense, for military construction, and for de- tional Park System, Yellowstone National ticulate Matter National Ambient Air Qual- fense activities of the Department of Energy, Park - Winter Use’’ (RIN1024–AE10) received ity Standard’’ (FRL No. 9759–9) received in to prescribe military personnel strengths for in the Office of the President of the Senate the Office of the President of the Senate on such fiscal year, and for other purposes. on December 6, 2012; to the Committee on December 6, 2012; to the Committee on Envi- f Energy and Natural Resources. ronment and Public Works. EC–8555. A communication from the Direc- EC–8562. A communication from the Direc- EXECUTIVE AND OTHER tor of the Regulatory Management Division, tor of Congressional Affairs, Office of Nu- COMMUNICATIONS Environmental Protection Agency, transmit- clear Reactor Regulation, Nuclear Regu- ting, the Uniform Resource Locator (URL) latory Commission, transmitting, pursuant The following communications were for a report entitled ‘‘Revised Guidance of to law, the report of a rule entitled ‘‘Guid- laid before the Senate, together with Treatment of Tenants under CERCLA’S ance for Performing the Integrated Assess- accompanying papers, reports, and doc- BFPP Provision’’; to the Committee on En- ment for External Flooding’’ (JLD–ISG–2012– uments, and were referred as indicated: vironment and Public Works. 05) received in the Office of the President of

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00223 Fmt 4624 Sfmt 0634 E:\CR\FM\G12DE6.006 S12DEPT1 tjames on DSK6SPTVN1PROD with S7976 CONGRESSIONAL RECORD — SENATE December 12, 2012 the Senate on December 7, 2012; to the Com- ant to sections 36(c) and 36(d) of the Arms Commission, transmitting, pursuant to law, mittee on Environment and Public Works. Export Control Act (Transmittal No. DDTC the report of a rule entitled ‘‘Enforcement EC–8563. A communication from the Com- 12–156); to the Committee on Foreign Rela- Actions’’ (RIN3141–AA50) received in the Of- missioner, Social Security Administration, tions. fice of the President of the Senate on Decem- transmitting, pursuant to law, the Adminis- EC–8573. A communication from the Pro- ber 7, 2012; to the Committee on Indian Af- tration’s Competitive Sourcing Report for gram Manager, Substance Abuse and Mental fairs. fiscal year 2012; to the Committee on Fi- Health Services Administration, Department EC–8582. A communication from the Direc- nance. of Health and Human Services, transmitting, tor of the Regulation Policy and Manage- EC–8564. A communication from the Chief pursuant to law, the report of a rule entitled ment Office of the General Counsel, Veterans of the Publications and Regulations Branch, ‘‘Opioid Drugs in Maintenance and Detoxi- Health Administration, Department of Vet- Internal Revenue Service, Department of the fication Treatment of Opiate Addiction; Pro- erans Affairs, transmitting, pursuant to law, Treasury, transmitting, pursuant to law, the posed Modification of Dispensing Restric- the report of a rule entitled ‘‘Technical Revi- report of a rule entitled ‘‘Leave-Based Dona- tions for Buprenorphine and Buprenorphine sions to Part 53—State Veterans Homes’’ tion Programs to Aid Victims of Hurricane Combination as Used in Approved Opioid (RIN2900–AO54) received in the Office of the Sandy’’ (Notice 2012–69) received in the Office Treatment Medications’’ (RIN0930–AA14) re- President of the Senate on December 10, 2012; of the President of the Senate on November ceived in the Office of the President of the to the Committee on Veterans’ Affairs. 13, 2012; to the Committee on Finance. Senate on December 6, 2012; to the Com- f EC–8565. A communication from the Chief mittee on Health, Education, Labor, and of the Publications and Regulations Branch, Pensions. INTRODUCTION OF BILLS AND Internal Revenue Service, Department of the EC–8574. A communication from the Pro- JOINT RESOLUTIONS Treasury, transmitting, pursuant to law, the gram Manager, Centers for Medicare and The following bills and joint resolu- report of a rule entitled ‘‘Fees on Health In- Medicaid Services, Department of Health surance Policies and Self-Insured Plans for and Human Services, transmitting, pursuant tions were introduced, read the first the Patient-Centered Outcomes Research to law, the report of a rule entitled ‘‘Health and second times by unanimous con- Trust Fund’’ ((RIN1545–BK59) (TD 9602)) re- Information Technology: Revisions to the sent, and referred as indicated: ceived in the Office of the President of the 2014 Edition Electronic Health Record Cer- By Mr. TOOMEY: Senate on December 6, 2012; to the Com- tification Criteria; and Medicare and Med- S. 3670. A bill to prohibit the use of fiscal mittee on Finance. icaid Programs; Revisions to the Electronic year 2013 funds for United States participa- EC–8566. A communication from the Chief Health Record Incentive Program’’ (RIN0938– tion in joint military exercises with Egypt if of the Trade and Commercial Regulations AR71; RIN0991–AB89) received in the Office of the Government of Egypt abrogates, termi- Branch, Customs and Border Protection, De- the President of the Senate on December 6, nates, or withdraws from the 1979 Egypt- partment of Homeland Security, transmit- 2012; to the Committee on Health, Education, Israel peace treaty; to the Committee on ting, pursuant to law, the report of a rule en- Labor, and Pensions. Armed Services. titled ‘‘Technical Corrections to U.S. Cus- EC–8575. A communication from the Direc- By Mr. LUGAR: toms and Border Protection Regulations’’ tor of Regulations and Policy Management S. 3671. A bill to provide certain assistance (CBP Dec. 12–21) received in the Office of the Staff, Food and Drug Administration, De- to North Atlantic Treaty Organization al- President of the Senate on December 7, 2012; partment of Health and Human Services, lies; to the Committee on Banking, Housing, to the Committee on Finance. transmitting, pursuant to law, the report of and Urban Affairs. EC–8567. A communication from the Sec- a rule entitled ‘‘Secondary Direct Food Addi- By Ms. LANDRIEU: retary of Health and Human Services, trans- tives Permitted in Food for Human Con- S. 3672. A bill to clarify the collateral re- mitting, pursuant to law, a report entitled sumption; Sodium Dodecylbenzenesulfonate’’ quirement for certain loans under section ‘‘The Children’s Health Insurance Program (Docket No. FDA–2011–F–0853) received in the 7(d) of the Small Business Act, and for other Reauthorization Act (CHIPRA) Mandated Office of the President of the Senate on De- purposes; to the Committee on Small Busi- Evaluation of Express Lane Eligibility: First cember 6, 2012; to the Committee on Health, ness and Entrepreneurship. Year Findings’’; to the Committee on Fi- Education, Labor, and Pensions. By Mr. CORKER: nance. EC–8576. A communication from the Chair- S. 3673. A bill to provide a comprehensive EC–8568. A communication from the Assist- man and Chief Executive Officer, Farm Cred- deficit reduction plan, and for other pur- ant Secretary, Bureau of Political-Military it Administration, transmitting, pursuant to poses; to the Committee on Finance. Affairs, Department of State, transmitting, law, the Administration’s Fiscal Year 2012 By Mr. PRYOR (for himself, Mr. BOOZ- pursuant to law, an addendum to a certifi- Performance and Accountability Report; to MAN, Mr. WICKER, and Mr. COCHRAN): cation, transmittal number: DDTC 12–157, of the Committee on Homeland Security and S. 3674. A bill to amend the Migratory Bird the proposed sale or export of defense arti- Governmental Affairs. Treaty Act to provide certain exemptions re- cles and/or defense services to a Middle East EC–8577. A communication from the Sec- lating to the taking of migratory game country regarding any possible affects such a retary of Education, transmitting, pursuant birds; to the Committee on Environment and sale might have relating to Israel’s Quali- to law, the Department’s Semiannual Report Public Works. tative Military Edge over military threats to to Congress on Audit Follow-up for the pe- By Ms. COLLINS (for herself and Ms. Israel; to the Committee on Foreign Rela- riod of April 1, 2012 through September 30, SNOWE): tions. 2012; to the Committee on Homeland Secu- S. 3675. A bill to expand the HUBZone pro- EC–8569. A communication from the Assist- rity and Governmental Affairs. gram for communities affected by base re- ant Secretary, Bureau of Political-Military EC–8578. A communication from the Chief alignment and closure, and for other pur- Affairs, Department of State, transmitting, Operating Officer/Acting Executive Director, poses; to the Committee on Small Business pursuant to law, an addendum to a certifi- U.S. Election Assistance Commission, trans- and Entrepreneurship. cation, transmittal number: DDTC 12–167, of mitting, pursuant to law, the Commission’s By Mr. AKAKA: the proposed sale or export of defense arti- Semiannual Report of the Inspector General S. 3676. A bill to promote high-quality, cles and/or defense services to a Middle East for the period from April 1, 2012 through Sep- cost-efficient, and effective administrative country regarding any possible affects such a tember 30, 2012; to the Committee on Home- support services to agencies overseas; to the sale might have relating to Israel’s Quali- land Security and Governmental Affairs. Committee on Homeland Security and Gov- tative Military Edge over military threats to EC–8579. A communication from the Sec- ernmental Affairs. Israel; to the Committee on Foreign Rela- retary of the Treasury, transmitting, pursu- By Mr. JOHNSON of South Dakota (for tions. ant to law, the Semi-Annual Report of the himself and Mr. SHELBY): EC–8570. A communication from the Assist- Inspector General for the period from April S. 3677. A bill to make a technical correc- ant Secretary, Legislative Affairs, Depart- 1, 2012 through September 30, 2012 and the tion to the Flood Disaster Protection Act of ment of State, transmitting, certification of Semi-Annual Report of the Treasury Inspec- 1973; considered and passed. proposed issuance of an export license pursu- tor General for Tax Administration (TIGTA); f ant to section 36(c) of the Arms Export Con- to the Committee on Homeland Security and trol Act (Transmittal No. DDTC 12–095); to Governmental Affairs. SUBMISSION OF CONCURRENT AND the Committee on Foreign Relations. EC–8580. A communication from the Acting SENATE RESOLUTIONS EC–8571. A communication from the Assist- Director of the Office of Regulatory Affairs The following concurrent resolutions ant Secretary, Legislative Affairs, Depart- and Collaborative Action, Bureau of Indian ment of State, transmitting, certification of Affairs, Department of the Interior, trans- and Senate resolutions were read, and proposed issuance of an export license pursu- mitting, pursuant to law, the report of a rule referred (or acted upon), as indicated: ant to section 36(c) of the Arms Export Con- entitled ‘‘Residential, Business, and Wind By Mr. MENENDEZ (for himself and trol Act (Transmittal No. DDTC 12–126); to and Solar Resource Leases on Indian Land’’ Ms. SNOWE): the Committee on Foreign Relations. (RIN1076–AE73) received in the Office of the S. Res. 614. A resolution celebrating the EC–8572. A communication from the Assist- President of the Senate on December 7, 2012; World Peace Corps Mission and the World ant Secretary, Legislative Affairs, Depart- to the Committee on Indian Affairs. Peace Prize; considered and agreed to. ment of State, transmitting, certification of EC–8581. A communication from the Acting By Mr. BURR (for himself, Mrs. BOXER, proposed issuance of an export license pursu- General Counsel, National Indian Gaming Mrs. FEINSTEIN, and Mrs. HAGAN):

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00224 Fmt 4624 Sfmt 0634 E:\CR\FM\A12DE6.004 S12DEPT1 tjames on DSK6SPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — SENATE S7977 S. Res. 615. A resolution congratulating the (Mr. BOOZMAN) was added as a cospon- in the U.S. public interest. For destina- recipients of the 2012 Nobel Prize in Chem- sor of amendment No. 3311 intended to tion countries with which the United istry; considered and agreed to. be proposed to S. 3637, a bill to tempo- States has a free trade agreement, a f rarily extend the transaction account presumption is created that the export ADDITIONAL COSPONSORS guarantee program, and for other pur- is in the public interest, and the li- poses. cense is automatic. For non-free trade S. 2212 AMENDMENT NO. 3319 agreement nations, a study must be At the request of Mrs. FEINSTEIN, the conducted to determine the public in- name of the Senator from Delaware At the request of Mr. UDALL of Colo- rado, the name of the Senator from terest, entailing a notice and comment (Mr. COONS) was added as a cosponsor Rhode Island (Mr. WHITEHOUSE) was period. Several companies have sub- of S. 2212, a bill to clarify the exception mitted applications to retrofit U.S. to foreign sovereign immunity set added as a cosponsor of amendment No. 3319 intended to be proposed to S. 3637, LNG import terminals for regasifi- forth in section 1605(a)(3) title 28, cation and export; to construct new United States Code. a bill to temporarily extend the transaction account guarantee program, and LNG export terminals; and to export S. 2347 for other purposes. cryogenic natural gas to Latin Amer- At the request of Mr. VITTER, the ica by rail and ship. After approving AMENDMENT NO. 3320 name of the Senator from Arkansas one application, the Obama adminis- At the request of Mr. TOOMEY, the (Mr. BOOZMAN) was added as a cospon- tration deferred others until at least names of the Senator from North Caro- sor of S. 2347, a bill to amend title 2013, pending a study completed last lina (Mrs. HAGAN) and the Senator XVIII of the Social Security Act to en- week. This study found that under any from Nebraska (Mr. JOHANNS) were sure the continued access of Medicare scenario, LNG exports will be a net added as cosponsors of amendment No. beneficiaries to diagnostic imaging benefit for the U.S. economy. More- 3320 intended to be proposed to S. 3637, services. over, continued development of uncon- a bill to temporarily extend the trans- S. 3231 ventional gas suppliers is an important action account guarantee program, and At the request of Mr. KERRY, the source of job creation in the United for other purposes. name of the Senator from California States. AMENDMENT NO. 3323 (Mrs. BOXER) was added as a cosponsor U.S. shale gas reserves are already of S. 3231, a bill to provide for the At the request of Mr. CORKER, the transforming European natural gas issuance and sale of a semipostal by name of the Senator from Texas (Mr. markets since LNG previously destined the United States Postal Service to CORNYN) was added as a cosponsor of for the United States has now been support effective programs targeted at amendment No. 3323 intended to be pro- made available for Europe. The United improving permanency outcomes for posed to S. 3637, a bill to temporarily States can do much more to both use youth in foster care. extend the transaction account guar- LNG exports to benefit NATO allies antee program, and for other purposes. S. 3237 facing energy insecurity in Europe and At the request of Mr. WHITEHOUSE, AMENDMENT NO. 3324 to promote economic growth in the the name of the Senator from Oregon At the request of Mr. CORKER, the United States. (Mr. MERKLEY) was added as a cospon- name of the Senator from Texas (Mr. Turkey currently relies on Iran for 20 sor of S. 3237, a bill to provide for the CORNYN) was added as a cosponsor of percent of its gas imports, which could establishment of a Commission to Ac- amendment No. 3324 intended to be pro- come under increased pressure when celerate the End of Breast Cancer. posed to S. 3637, a bill to temporarily the European Council’s decision of Oc- tober 15, 2012 to prohibit the ‘‘purchase, S. 3275 extend the transaction account guar- import or transport of natural gas from At the request of Mr. COONS, the antee program, and for other purposes. Iran’’ is implemented. Moreover, sev- names of the Senator from Iowa (Mr. f eral allies and partners in Central and HARKIN), the Senator from Alaska (Mr. STATEMENTS ON INTRODUCED Southeastern Europe, Bulgaria, Cro- BEGICH), the Senator from Louisiana BILLS AND JOINT RESOLUTIONS atia, Hungary, Greece, the Czech Re- (Ms. LANDRIEU), the Senator from Dela- By Mr. LUGAR: public, and Moldova, will see their ware (Mr. CARPER) and the Senator S. 3671. A bill to provide certain as- long-term contracts with Gazprom ex- from Virginia (Mr. WARNER) were added sistance to North Atlantic Treaty Or- pire in the coming years. For these as cosponsors of S. 3275, a bill to amend ganization allies; to the Committee on countries, targeted U.S. LNG exports, the Internal Revenue Code of 1986 to Banking, Housing, and Urban Affairs. along with infrastructure investment extend the publicly traded partnership Mr. LUGAR. Mr. President, I rise to and other policy responses, could help ownership structure to energy power introduce the Liquefied Natural Gas, alleviate energy insecurity. It is pos- generation projects and transportation LNG, for NATO Act. sible that several other NATO allies fuels, and for other purposes. The United States is in possession of and partners may opt for U.S. natural S. 3460 vast resources that could directly con- gas imports, and even paying a reli- At the request of Mr. COONS, the tribute to the energy security of our ability premium for them, if the oppor- name of the Senator from Missouri closest NATO allies, who face over-reli- tunity existed. (Mr. BLUNT) was added as a cosponsor ance on Russian and Iranian gas Meanwhile, European nations are of S. 3460, a bill to amend the Internal sources. In 2009, the United States ramping up capacity to import LNG. Revenue Code of 1986 to provide for overtook Russia as the world’s largest At present, Europe imports LNG pri- startup businesses to use a portion of natural gas producer due to vast un- marily from Algeria, Egypt, Oman, and the research and development credit to conventional reserves. At current U.S. Qatar to meet about 26 percent of its offset payroll taxes. consumption rates, the United States gas needs, due in large part to a lack of S. 3616 possesses perhaps a century of gas sup- LNG import terminals, which are At the request of Ms. LANDRIEU, the ply. This development has caused U.S. mostly located in Western Europe, as name of the Senator from Oregon (Mr. natural gas prices to fall to nearly a well as underdeveloped onward inter- MERKLEY) was added as a cosponsor of half to a third of gas prices in other connectors and storage capacity in Eu- S. 3616, a bill to amend the Internal key European and Asian markets and rope. However, numerous European Revenue Code of 1986 to make perma- has prompted numerous applications countries, some with financing from nent the expansion of tax benefits for for export licenses of U.S. liquefied the European Bank for Reconstruction adoption enacted in 2001 and to perma- natural gas exports. and Development, EBRD, are consid- nently reinstate the expansion of tax Pursuant to Section 3 of the Natural ering construction of additional LNG benefits for adoption enacted in 2010, Gas Act, gas exports are subject to ap- import terminals, including Bulgaria, and for other purposes. proval by the Department of Energy’s Croatia, Estonia, Lithuania, Latvia, AMENDMENT NO. 3311 Office of Fossil Energy and the Federal Poland, Romania, Turkey, and At the request of Mr. DURBIN, the Energy Regulatory Commission, which Ukraine. In light of these dynamics, name of the Senator from Arkansas must certify that a particular export is the United States is well-positioned to

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00225 Fmt 4624 Sfmt 0634 E:\CR\FM\A12DE6.006 S12DEPT1 tjames on DSK6SPTVN1PROD with S7978 CONGRESSIONAL RECORD — SENATE December 12, 2012 become a strategic energy supplier of and Congress and the administration. I ments. Chained CPI is the Bureau of LNG to NATO allies in need of diver- will begin with Medicare. Medicare’s Labor Statistics most modern and sification. trust fund has $27 trillion in unfunded most accurate measure of inflation. By The LNG for NATO Act would not di- liabilities, and it is expected to be in- the way, the bill would apply chained rect supply, which should remain ex- solvent by the year 2024. According to CPI government-wide, which would clusively the function of private indus- an Urban Institute study, an average also affect revenues, and it would re- try. Instead, this legislation would af- income of a married family will con- flect revenues in a positive way as it fect Section 3 the Natural Gas Act to tribute about $119,000 in payroll taxes relates to our budget deficits. It would create a presumption that licenses to to Medicare in today’s dollars over slowly raise the retirement age to bet- export U.S. natural gas to NATO allies their lifetime and consume about ter reflect longevity increases. is in the U.S. public interest, giving $357,000 in today’s dollars in Medicare Finally, the bill would strengthen NATO allies the same preferential benefits. Obviously, this is the disability insurance program by treatment enjoyed by our free trade unsustainable. Everybody in this room moving beneficiaries into Social Secu- partners. Specifically, swift passage of knows this. The pages in front of me rity insurance at an earlier age. This this act will make gas export licenses know it. Medicare needs to be struc- automatic for Turkey, which relies on part of Social Security will go bank- tured in a way to provide care for cur- rupt by the year 2017 if we do nothing. Iran for 20 percent of its gas demand, rent and future beneficiaries in a fis- and those NATO countries, whose long- cally responsible manner. In conclusion, I am offering a bill term gas contracts with Russia’s This bill would structurally trans- that would implement structural enti- Gazprom expire in the coming years. form Medicare, keeping fee-for-service tlement reforms and, in exchange, it Through market forces, NATO allies Medicare in place forever, while having would raise the debt ceiling dollar for will be more secure and the Alliance it compete side-by-side with a reformed dollar. Dealing with this now would will be stronger. While the U.S. Con- Medicare Advantage program called avoid facing a crisis next year when we gress will no doubt continue to debate Medicare Total Health. Seniors would hit that debt ceiling in February or full liberalization of natural gas ex- maintain the option of choosing fee- March, which would rattle financial ports, the LNG for NATO Act follows for-service Medicare or a private plan markets and generate tremendous un- other precedents for narrowly tailored as they do today. I think most of us certainty in our country and around exceptions to our export licensing re- know that about 25 percent of the peo- the world. We need to get our fiscal gime. ple in our country who are on Medicare problems behind us so that businesses, I am hopeful that the LNG for NATO are in a private plan today. investors, and all of the American peo- Act can command bipartisan support The competition created by these re- ple can have confidence about the fu- and swift passage. forms would significantly reduce Medi- ture. If we do that, the economy will truly take off. By Mr. CORKER: care costs by $290 billion—and this is S. 3673. A bill to provide a com- very important—without a spending So if I could, if one of the pages could prehensive deficit reduction plan, and cap on the program. This proposal is take this to the desk, I am introducing for other purposes; to the Committee similar to one backed by Alice Rivlin, this bill. I hope Senator REID will put on Finance. former Budget Director for Bill Clin- in place a process through regular Mr. CORKER. Mr. President, I am ton. order for bills of this nature to be in- here to introduce a bill that would ad- In addition, this bill would update troduced and go through the appro- dress entitlement reforms and the debt cost-sharing requirements to reflect priate committees. I hope when we deal ceiling called the Dollar for Dollar Act. 21st-century health care practices, with the debt ceiling in this coming I continue to hope Speaker BOEHNER such as capping out-of-pocket expendi- year, we do so on a dollar-for-dollar and President Obama will negotiate a tures for beneficiaries and unifying basis, just as has been recently estab- deal north of $4 trillion before year deductibles and coinsurance structures. lished this last year—the precedent has end. However, I think we should also This bill also would improve solvency been set—that during this fiscal di- prepare now for the possibility that by requiring higher income bene- lemma we are dealing with, when we they will not, especially based on re- ficiaries to pay more for their pre- raise the debt ceiling, we actually cent conversations. The next oppor- miums. lower spending by a dollar. Up until tunity we have to make the structural, Finally, it would raise the eligibility this point, almost all the things we transformative reforms to Social Secu- age incrementally from 65 to 67 by the have talked about have been through rity, Medicare, and Medicaid that will year 2027. Moving to Medicaid, the bill discretionary spending. Thus far, we save these programs and put our coun- would provide increased flexibility for really haven’t addressed entitlement try on a path to fiscal solvency will be States to achieve Medicaid savings by reforms. establishing a waiver process for States during the debt ceiling vote which will Again, let me reiterate that I hope come up after the first of the year as to better manage their Medicaid pro- the President and Speaker BOEHNER grams. It also would eliminate a mas- soon as we get back. come to some accommodation over the I am introducing the Dollar for Dol- sive ‘‘bed tax’’ gimmick used to bilk next couple of weeks that actually lar legislation that will raise the debt Federal taxpayers out of $50 billion deals with some maybe $4 trillion in ceiling by roughly $1 trillion in ex- over a 10-year period. size that would actually put this in the change for roughly $1 trillion in re- Next, let me walk through Social Se- rearview mirror. But as the conversa- forms to Social Security, Medicare, curity changes. Although some have tions continue, and not much sub- and Medicaid. This puts into legisla- suggested we should ignore the impend- stance is coming forward, that is look- tive language many of the concepts ing crisis in Social Security funding, ing doubtful. So I hope as we end this laid out in a bipartisan Simpson- we should address it now because it is year and move into next year we will Bowles and Domenici-Rivlin proposal. already beginning to cause the Federal begin to put in place an open process This meets our obligations to older and Government to spend more than it whereas we move toward the debt ceil- younger Americans. takes in, and the Social Security trust Young Americans expect us to solve fund is projected to be exhausted in the ing and use the same precedent we their fiscal issues so they are not sad- year 2033. It also will be much more have already used this last year, so dled with debt and robbed of oppor- painful to make these adjustments to that when we raise the debt ceiling by tunity for the American dream. Sen- achieve solvency in Social Security if a dollar, we will reduce spending by a iors expect us to honor the commit- we procrastinate. dollar. ments we have made to them. If we act In order to return the program to We have all said we need revenues now, we will be addressing the debt long-term solvency, the bill would en- and we need entitlement reform. What ceiling more than 3 months before we hance the progressivity of benefit cal- I have done today is to lay out a way— reach it. culations. In addition, it would adopt and I know other Senators will have Let me walk through those changes chained CPI in measuring inflation to ideas, and I hope they will bring them that are well known to policymakers calculate annual cost-of-living adjust- to the floor—for us to raise the debt

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00226 Fmt 4624 Sfmt 0634 E:\CR\FM\G12DE6.032 S12DEPT1 tjames on DSK6SPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — SENATE S7979 ceiling by around $1 trillion and in re- wick and its neighbor, Topsham, have a nities (ADC) admires your longstanding sup- turn have entitlement reform on a dol- combined population of just 22,000, so port of current and former military commu- lar-for-dollar basis, saving and reform- losing the Naval Air Station has had a nities. ADC, the leading organization representing those communities, always appre- ing these programs, so that seniors in significant economic impact on these ciates the opportunity to share information the future certainly will have the op- communities. Because so few people ac- with you and your staff that may help portunity to continue these programs tually live within the boundaries of the strengthen communities with active instal- they depend upon so much, and the former base, its HUBZone designation lations and those that continue to redevelop young people who are coming behind us does not provide any real assistance to following base closure or realignment. will have the certainty that we, as ma- these communities. Communities that have been impacted by ture adults, I hope, have dealt with My legislation would expand the geo- Base Realignment and Closure (BRAC) often graphic boundaries of BRAC-related face severe economic distress for years, espe- these issues in an appropriate way. cially during times of national economic dif- HUBZones to include the town or coun- ficulty. To assist in these communities’ re- By Ms. COLLINS (for herself and ty where the closed installation is lo- covery, Congress authorized in the Small Ms. SNOWE): cated, or census tracts contiguous to Business Reauthorization Act of 1997 that S. 3675. A bill to expand the HUBZone the installation, up to a total popu- BRAC-impacted communities would receive program for communities affected by lation base of 50,000. This would pro- Small Business Administration HUBZone base realignment and closure, and for vide a large enough pool of potential certification, a federal initiative that fur- other purposes; to the Committee on workers to enable qualifying businesses ther helps small businesses in disadvantaged Small Business and Entrepreneurship. to locate within the HUBZone, and to areas to compete for federal contracts. The designation gives small businesses relocating Ms. COLLINS. Mr. President, today I help host communities overcome the am introducing legislation, with Sen- to closed military installation areas equal loss of military installations closed footing with businesses in other disadvan- ator SNOWE, to expand the geographic through the BRAC process. taged areas that receive the designation be- boundaries of HUBZones located at The Association of Defense Commu- cause of their location in under-utilized cen- former U.S. military installations that nities has endorsed the concept of ex- sus tracts. have been closed through the so-called panding BRAC-related HUBZones in While the intent of Congress was to pro- Base Closure and Realignment—or this manner. In a letter to Senate vide the HUBZone designation to help closed military installations attract small busi- BRAC—process. These military instal- Armed Services Committee Chairman lations were often the economic heart nesses, one aspect of the HUBZone program LEVIN and Ranking Member MCCAIN, actually works against these redevelopment of the community in which they were the ADC noted how important it is that areas. To maintain HUBZone status, 35 per- located, and those communities can ‘‘Congress restore its intent to support cent of a business’ employees must also live struggle for years to overcome the clo- BRAC-impacted communities attract- in a HUBZone area. Because a military insure of those facilities. ing small businesses to help build and stallation’s HUBZone area encompasses only In recognition of this fact, Congress strengthen their local economies.’’ the base itself, many closed military instal- passed legislation providing Steve Levesque, the Executive Direc- lations do not have a substantial number of ‘‘HUBZone’’ status for 5 years to mili- tor of the Midcoast Regional Redevel- HUBZone-certified residential areas from which to draw sufficient future employees tary facilities closed through the opment Authority, or MRRA, which BRAC process. Last week, the Defense for the businesses desiring to locate on those oversees the redevelopment of the properties. Thus, it is often impossible for a Reauthorization bill passed by the Sen- former Brunswick Naval Air Station, business to qualify for HUBZone status and ate included language, authored by also urges Congress to modify the compete fairly against other small busi- Senator SHERROD BROWN of Ohio, to ex- HUBZone program. In a letter, Steve nesses. tend HUBZone status for these facili- explained that BRAC facilities do not Many defense community leaders are hope- ties for an additional five years. have the residential areas needed to ful this issue can be resolved without additional spending, creation of a new govern- The HUBZone program provides cer- support the 35 percent residency retain federal contracting preferences to ment program or a change in government quirement for businesses located with- contracting goals. Senator Susan Collins is small businesses located within a in the HUBZone. As a consequence, also working to address this issue during the HUBZone. In addition to the BRAC-re- these businesses cannot ‘‘realize the final stages of the FY 2013 National Defense lated HUBZones I have already men- HUBZone benefits for BRAC’d installa- Authorization Act. We look forward to shar- tioned, HUBZones are located in ‘‘eco- tions as envisioned by Congress.’’ ing further information with your office and nomically distressed communities,’’ This point was underscored in a let- hers to help explain why it is important to that suffer from low income, high pov- ter from Heather Blease, an entre- defense communities that Congress restore erty rates, or high unemployment. preneur who is hoping to locate a new its intent to support BRAC-impacted com- According to the Congressional Re- munities attracting small businesses to help business at the former Brunswick build and strengthen their local economies. search Service, there are currently 127 Naval Air Station. Ms. Blease describes As always, ADC appreciate your service BRAC-related HUBZones in the United the HUBZone law as ‘‘flawed,’’ because and support and hopes you will contact us if States. Unfortunately, for many of the the 35 percent residency requirement we may be of further assistance. military bases that have been closed, makes it impossible for businesses like Respectfully, HUBZone status has not brought the hers to achieve HUBZone status. ROBERT M. MURDOCK, benefits we had hoped for. One of the I ask my colleagues to consider the President, Association of Defense Communities. reasons is simple—the law defines the legislation I am offering today to help geographic boundaries of a BRAC-re- communities get back on their feet MIDCOAST REGIONAL lated HUBZone to be the same as the after the loss of a military installation REDEVELOPMENT AUTHORITY, boundaries of the base that was closed. closed through the BRAC process. December 11, 2012. When that is combined with the re- Mr. President, I ask unanimous con- Hon. SUSAN COLLINS, quirement that 35 percent of the em- sent that letters of support be printed U.S. Senator, ployees of a qualifying business must in the RECORD. Washington, DC. live within the HUBZone, the problem There being no objection, the mate- DEAR SENATOR COLLINS: I represent the Midcoast Regional Redevelopment Author- is clear: very few people live on these rial was ordered to be printed in the ity, which is charged with redeveloping the former bases, so it is difficult or impos- RECORD, as follows: former Naval Air Station Brunswick, Maine sible for businesses to get the workers ASSOCIATION OF DEFENSE that closed in 2011 and is now known as they need to meet the requirements of COMMUNITIES, Brunswick Landing. the HUBZone program. Washington, DC, December 11, 2012, We seek your assistance in modifying the One of these HUBZones is located at Hon. CARL LEVIN, current federal program related to SBA the former Brunswick Naval Air Sta- Chairman, Committee on Armed Services, U.S. HUBZones to make it a more effective tool tion, in Brunswick, Maine. This facil- Senate, Washington, DC. for businesses locating at Brunswick Land- Hon. JOHN MCCAIN, ing. Over the past several years, we have had ity closed in 2011, as a result of the 2005 Ranking Member, Committee on Armed Services, several companies inquire about the current BRAC round. When the Navy left, the U.S. Seante, Washington, DC. HUBZone status of the former NAS Bruns- host community lost more than 2400 DEAR MR. CHAIRMAN AND RANKING MEMBER wick. In fact, we are currently working with military and civilian personnel. Bruns- MCCAIN: The Association of Defense Commu- one company who is willing to locate here

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00227 Fmt 4624 Sfmt 0634 E:\CR\FM\G12DE6.065 S12DEPT1 tjames on DSK6SPTVN1PROD with S7980 CONGRESSIONAL RECORD — SENATE December 12, 2012 and create upwards of 200 jobs, if we are suc- As the law is written, I cannot locate at ficulties they face in competing cessful in getting the current HUBZone pro- Brunswick Landing and hope to achieve against larger and more established gram for closed military installations broad- HUI3Zone status. The BRAC HUBZone law is businesses for federal contracts. ened. flawed as written. Our Congress attempted With the implementation of the latest 2005 That is why, in my efforts to cham- to create an economic development vehicle pion our Nation’s small businesses and BRAC round, a number of military installa- to help communities recover from base clo- tions have been closed across the country re- sures, but unless the law is tweaked, the to promote their interests, I have sup- sulting in severe economic distress for those HUBZone designation is meaningless. ported the Small Business Administra- communities and States that have realized Please help modify the existing definition tion’s HUBZone Empowerment Con- these closures. Redeveloping these BRAC’d for BRAC HUBZones by broadening the tracting program. Congress established properties proved quite difficult in good eco- boundary of the HUBZone for closed military this program as part of the Small Busi- nomic times, and now it is made even more installations to include the surrounding ness Reauthorization Act in 1997 in difficult with the national and State eco- community. In the case of my company, it nomic recession we are experiencing. order to spur business development and provides me with HUBZone employees to put employment opportunities in economi- While it would seem that the HUBZone to work so I can meet the HUBZone certifi- designation for a closed military installation cation requirements. cally distressed areas of the country. would be an aid to its redevelopment efforts, If the law is changed, I will locate my busi- In 2004, with my support, we took the the 35% residency rule in the existing law ac- ness at Brunswick Landing and provide hun- critical step of expanding the HUBZone tually makes the program not a very effec- dreds of jobs to the economically depressed program to include ‘‘base closure tive redevelopment tool for these properties area. Otherwise, I will need to seek out other at all. With the exception of closed military areas,’’ which directly addressed mili- alternatives. installations, most of the HUBZones in the tary installations that have been Thank you for your service to our country, closed through any of several military Country are census tract based. Under cur- the State of Maine and your interest in help- rent law, only the closed military base itself ing small businesses thrive. base closure and realignment authori- (i.e., the geographic area which used to be With greatest respect, ties, including BRAC rounds. the former base) is designated as a HUBZone, HEATHER D. BLEASE, Although this was an important step which is a much smaller area than the cen- CEO, Savi Systems, LLC. forward, the 2004 expansion to include sus tract basis. Furthermore, many closed closed military installations in the military installations do not have a substan- Ms. SNOWE. Mr. President, I rise to tial amount of residential areas from which speak in support of a bill that I am co- HUBZone program was limited to areas to draw sufficient future employees (35%) for sponsoring today with my colleague within the physical boundaries of the the businesses desiring to locate on those from Maine, Senator COLLINS, that will military base. Current law requires properties. ensure that the Small Business Admin- that 35 percent of the employees of a In addition the above, the Small Business istration’s, SBA, Historically Under- HUBZone qualified small business con- Act established a five year time-frame for cern also must live within the the duration of the HUBZone from the actual utilized Business Zone, HUBZone, pro- date of base closure. This is of particular gram will support the many commu- HUBZone designated area. However, small businesses that are concern given that the actual transfer of nities around this Nation that have interested in establishing a location at properties from the military services to the been negatively impacted by base clo- a closed military installation in order base closure communities often occurs many sures. years following closure. Thus, these prop- Over the course of my career, my to gain the benefits of becoming a erties are not available for business develop- HUBZone small business concern are ment until actually transferred. state has experienced two major base closures—Loring Air Force Base was likely to discover that not very many The net effect is that eligible HUB busi- people live on the grounds of that nesses seeking new or expanded opportuni- closed by the 1991 BRAC round and closed base, leaving them without suf- ties on closed installations cannot meet Brunswick Naval Air Station was ficient workers to meet the 35 percent these requirements and thus are not able to closed by the 2005 BRAC round. Like requirement. This, of course, defeats realize the HUBZone benefits for BRAC’d in- every community around the Nation stallations as envisioned by Congress. This the very purpose of the HUBZone des- that has experienced a base closure, issue exacerbates the difficulties for us and ignation for closed military installa- Brunswick and Loring have fought other similar communities to overcome the tions by serving as a disincentive for tirelessly to replace the jobs and eco- devastating economic effects of base clo- small businesses to open shop at a re- sures. nomic impact of their military instal- In order to make the BRAC HUBZone des- developing base. lations. In light of these facts, and consid- ignation an effective economic development Unfortunately, theirs is an excep- tool for Brunswick Landing, as well as all ering that the economic and employ- tionally difficult task. Consider, for in- the other closed installations across the ment impacts of closing a military in- country, the attached amendment language stance, that the closure of Brunswick stallation are unquestionably and dis- to the existing law is recommended. It Naval Air Station directly eliminated proportionately felt by the people who should be noted that these recommendations nearly 3,300 military and federal civil- reside in the communities around do not create a new program, require addi- ian jobs, and indirectly caused the loss former military installations—not just tional government spending, or increase fed- of approximately 3,800 additional jobs eral contracting goals. within the fencelines of former bases— Thank you for your service to our Country from the region. Overcoming the efit is clear that the HUBZone designa- and the State of Maine and your thoughtful fects of such dramatic changes in a tion for closed military installations consideration of this request. local employment and economic mar- needs to be clarified. Sincerely, ket is, without question, a long-term That is why the bill that I have co- STEVEN H. LEVESQUE, challenge that is made even more dif- sponsored with my colleague adjusts Executive Director. ficult in a period of prolonged eco- the designation of a base closure area nomic recession. to include the geographic area that is DECEMBER 12, 2012. That is why I have always argued Hon. SUSAN COLLINS, the municipality, county, or census U.S. Senator, that the Nation has a responsibility to tract in which the installation is lo- Washington, DC. do everything within our power to help cated (as well as the adjacent census DEAR SENATOR COLLINS: I have established those communities that have supported tract), which incorporates up to 50,000 a new contact center business that focuses our military infrastructure for decades people. And so, to my friends and colon providing service to the federal govern- to recover from the devastating eco- ment. A key strategy for our success hinges leagues here in the Senate, I urge you nomic impacts of a base closure. to join me in supporting this bill and upon the establishment of my business as a One way that we can assist in their HUBZone certified entity. showing your strong support for pro- As a native of Brunswick, Maine, I am recovery is to encourage the location viding the maximum benefits of the keenly interested in locating my business at and growth of small businesses in and HUBZone designation to the many the former Brunswick Naval Air Station, around closed military installations. communities around our nation that now called Brunswick Landing. As a BRAC As Ranking Member of the Senate have been impacted by base closures. facility, the SBA rules limit the boundary of Committee on Small Business and En- the HUBZone geographically to base prop- trepreneurship, I frequently talk with erty which has very few housing units. By Mr. AKAKA: In order to achieve HUBZone certification, small business owners and employees S. 3676. A bill to promote high-qual- 35% of my employees need to reside within about their challenges and needs. In ity, cost-efficient, and effective admin- the HUBZone. many cases, they tell me about the dif- istrative support services to agencies

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00228 Fmt 4624 Sfmt 0634 E:\CR\FM\A12DE6.023 S12DEPT1 tjames on DSK6SPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — SENATE S7981 overseas; to the Committee on Home- crease overall costs to the Federal Gov- CIES.—The term ‘‘International Cooperative land Security and Governmental Af- ernment or if it certifies that the mis- Administrative Support Services customer fairs. sion of the agency cannot be achieved agencies’’ means agencies participating in Mr. AKAKA. Mr. President, today I by participating in ICASS system. the International Cooperative Administra- tive Support Services system. rise to introduce the Reducing Duplica- Additionally, the bill would allow an (5) INTERNATIONAL COOPERATIVE ADMINIS- tion Overseas Act of 2012. agency to provide administrative serv- TRATIVE SUPPORT SERVICES EXECUTIVE At a time when the Federal Govern- ices at an overseas post in place of the BOARD.—The term ‘‘International Coopera- ment is facing significant fiscal chal- existing ICASS provider if it can pro- tive Administrative Support Services Execu- lenges, we must explore all potential vide the administrative service more tive Board’’ means the highest-level Inter- avenues to improve the efficiency and efficiently and agrees to provide the national Cooperative Administrative Sup- effectiveness of Federal programs. This administrative service to all ICASS port Services policy-making body comprised bill seeks to ease some of our current customer agencies at the overseas post. of senior representatives of agencies partici- fiscal pressures by eliminating duplica- The Act would also require the pating in the International Cooperative Ad- ministrative Support Services system. tion of certain administrative services ICASS Executive Board and the Comp- SEC. 4. PARTICIPATION IN INTERNATIONAL CO- at overseas posts and reducing admin- troller General of the United States to OPERATIVE ADMINISTRATIVE SUP- istrative operational costs. submit reports to Congress on agency PORT SERVICES SYSTEM. The Department of State oversees use of ICASS services and the impact (a) IN GENERAL.—Not later than 2 years the International Cooperative Admin- consolidating these services has on after the date of the enactment of this Act, istrative Support Services, ICASS, sys- cost-efficiencies and redundancies at each agency with operations overseas under tem, which provides and shares the overseas posts. Nothing in this bill is the authority of the Chief of Mission pursu- cost of administrative support services ant to section 207 of the Foreign Service Act intended to interfere with the existing of 1980 (22 U.S.C. 3927) shall participate in the for overseas employees, such as vehicle authorities of the Chief of Mission at International Cooperative Administrative maintenance or leasing services. The each overseas post. Support Services system for purposes of ob- purpose of developing this system was I believe that this bill is an impor- taining household furniture, furnishings, and to ensure more efficient delivery and tant step towards improving the effi- appliance pools services, motor pool services, quality of overseas administrative sup- ciency and effectiveness of government and management services unless— port services. Although the level of operations overseas. Although I will (1) the agency provides a detailed expla- agency participation varies, as use of not have the opportunity to push for nation for evaluation and decision by the ICASS for most administrative serv- International Cooperative Administrative this bill in the next Congress, it is my Support Services Executive Board that de- ices is voluntary, last year, more than hope that my colleagues will take up scribes— 40 agencies participated in ICASS and and pass this important legislation. (A) how the agency will provide the service the cost of the services totaled approxi- Mr. President, I ask unanimous con- outside of the International Cooperative Ad- mately $2 billion. sent that the text of the bill be printed ministrative Support Services system; In 2004, the Government Account- in the RECORD. (B) the cost to the agency of the service; ability Office, GAO, reported that There being no objection, the text of and ICASS had not achieved efficient deliv- the bill was ordered to be printed in (C) how providing the service outside the International Cooperative Administrative ery of administrative support services the RECORD, as follows: because it failed to eliminate duplica- Support Services system will not increase S. 3676 overall costs to the United States Govern- tive services and contain costs. GAO Be it enacted by the Senate and House of Rep- ment; or recommended that there be one pro- resentatives of the United States of America in (2) the agency submits a detailed expla- vider for each service at American fa- Congress assembled, nation for evaluation and decision by the cilities overseas. The ICASS Executive SECTION 1. SHORT TITLE. International Cooperative Administrative Board took steps to reduce costs, but This Act may be cited as the ‘‘Reducing Support Services Executive Board certifying still had not implemented GAO’s rec- Duplication Overseas Act of 2012’’. that the mission of the agency cannot be ommendation that there be a single SEC. 2. PURPOSE. achieved by such participation in the Inter- service provider. The purpose of this Act is to promote high- national Cooperative Administrative Sup- port Services system. In 2010, former Senator Voinovich quality, cost-efficient, and effective administrative support services to agencies overseas. (b) RULE OF CONSTRUCTION.—The motor and I requested that the GAO review pool services requirement under subsection the delivery of administrative services SEC. 3. DEFINITIONS. In this Act: (a) applies to administrative services, and at overseas posts. In their report issued (1) AGENCY.—The term ‘‘agency’’ means a shall not be construed as superseding, re- earlier this year, GAO concluded that, department, agency, or independent estab- moving, or limiting any statutory or pro- although agency participation in lishment in the executive branch performing grammatic requirements related to agency ICASS has increased, agencies chose to any foreign affairs functions. use or procurement of vehicles. provide their own services about one (2) APPROPRIATE CONGRESSIONAL COMMIT- SEC. 5. USE OF ALTERNATE SERVICE PROVIDERS. third of the time, resulting in duplica- TEES.—The term ‘‘appropriate congressional The International Cooperative Administra- committees’’ means— tive Support Services Executive Board shall tive administrative services and missed allow an agency to act as an alternate serv- opportunities to decrease costs. (A) the Committee on Foreign Relations of the Senate; ice provider for administrative services at an Duplication and overseas administra- (B) the Committee on Homeland Security overseas post in place of the existing Inter- tive costs can and must be decreased. and Governmental Affairs of the Senate; national Cooperative Administrative Sup- The Reducing Duplication Overseas (C) the Committee on Appropriations of port Services provider for purposes of reduc- Act seeks to eliminate duplicative the Senate; ing overall costs to the United States Gov- services and reduce overall costs to the (D) the Committee on Foreign Affairs of ernment if the agency— Federal Government by requiring agen- the House of Representatives; (1) demonstrates through a business case cies to use ICASS for services. Al- (E) the Committee on Oversight and Gov- that it can provide the administrative service more efficiently; and though the GAO recommends that ernment Reform of the House of Representa- tives; and (2) agrees to provide the administrative agencies consolidate all services with (F) the Committee on Appropriations of service to all other International Coopera- ICASS, this bill starts with only a few the House of Representatives. tive Administrative Support Services cus- services in order to determine best (3) INTERNATIONAL COOPERATIVE ADMINIS- tomer agencies at the overseas post. practices for consolidation, as well as TRATIVE SUPPORT SERVICES SYSTEM.—The SEC. 6. REPORTING REQUIREMENTS. whether consolidation is appropriate term ‘‘International Cooperative Adminis- (a) BIENNIAL REPORT.— for all services. trative Support Services system’’ means the (1) IN GENERAL.—Not later than 1 year after Specifically, the Act would require mechanism established pursuant to section the date of the enactment of this Act, and agencies to participate in the ICASS 23 of the State Department Basic Authorities every 2 years thereafter, the Secretary of for household furniture, furnishings, Act of 1956 (22 U.S.C. 2695) by which the State, in consultation with the International United States Government manages and Cooperative Administrative Support Serv- appliance pools, and motor pool serv- funds administrative support services at ices Executive Board, shall submit to the ap- ices, unless the agency provides an ex- overseas posts. propriate congressional committees a report planation on how providing the service (4) INTERNATIONAL COOPERATIVE ADMINIS- on the International Cooperative Adminis- outside the ICASS system will not in- TRATIVE SUPPORT SERVICES CUSTOMER AGEN- trative Support Services system.

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(2) CONTENT.—The report required under United States Presidential Gold Award, States as a world leader in science: Now, paragraph (1) shall— which the Chairman of the President’s Advi- therefore, be it (A) establish performance goals to define sory Commission on Asian Americans and Resolved, That the Senate— the level of performance to be achieved in Pacific Islanders presented on behalf of (1) congratulates the recipients of the 2012 providing efficient, effective, and equitable President George W. Bush to H.H. Dorje Nobel Prize in Chemistry, which is awarded administrative services to International Co- Chang Buddha III for the outstanding con- for their outstanding scientific achievements operative Administrative Support Services tributions of H.H. Dorje Chang Buddha III to and discoveries; and customer agencies; the arts, medicine, ethics, Buddhism, spir- (2) recognizes Duke University Medical (B) establish a balanced set of performance itual leadership, and United States society; Center in Durham, North Carolina, and the indicators to be used in measuring or assess- and Stanford University School of Medicine in ing progress toward each performance goal; Whereas in 2010, the World Peace Prize Stanford, California for their leadership role (C) describe how the International Cooper- Awarding Council also recognized the Honor- in advancing medical research. ative Administrative Support Services sys- able Benjamin A. Gilman for being a life- f tem ensures the accuracy and reliability of long champion of human rights who has the data used to measure progress; and fought world hunger, narcotics abuse, and AMENDMENTS SUBMITTED AND (D) identify strategies and the resources narcotics trafficking: Now, therefore, be it PROPOSED required to achieve performance goals. Resolved, That the Senate— (b) COMPTROLLER GENERAL REVIEW.— (1) commends the World Peace Corps Mis- SA 3329. Mr. MANCHIN (for himself and (1) IN GENERAL.—Not later than 2 years sion for advancing peace, justice, and inter- Mr. MORAN) submitted an amendment in- after the date of the enactment of this Act, religious collaborations; and tended to be proposed by him to the bill S. the Comptroller General of the United States (2) celebrates the World Peace Award and 3637, to temporarily extend the transaction shall submit to the appropriate congres- the recipients of the World Peace Award. account guarantee program, and for other purposes; which was ordered to lie on the sional committees a review of the Inter- f national Cooperative Administrative Sup- table. port Services system. SENATE RESOLUTION 615—CON- SA 3330. Mrs. HAGAN (for herself and Mr. (2) CONTENT.—The review required under GRATULATING THE RECIPIENTS CRAPO) submitted an amendment intended to paragraph (1) shall include— OF THE 2012 NOBEL PRIZE IN be proposed by her to the bill S. 3637, supra; which was ordered to lie on the table. (A) an evaluation of whether requiring CHEMISTRY agencies to participate in the International SA 3331. Mr. BINGAMAN submitted an Cooperative Administrative Support Serv- Mr. BURR (for himself, Mrs. BOXER, amendment intended to be proposed by him ices system for household furniture, fur- Mrs. FEINSTEIN, and Mrs. HAGAN) sub- to the bill S. 343, to amend Title I of PL 99– nishings, and appliance pools services and mitted the following resolution; which 658 regarding the Compact of Free Associa- motor pools services has increased cost-effi- was considered and agreed to: tion between the Government of the United States of America and the Government of ciency and reduced administrative S. RES. 615 redundancies; Palau, to approve the results of the 15-year Whereas the Nobel Prize is an inter- review of the Compact, including the Agree- (B) recommendations, if warranted, for fur- national award administered by the Nobel ther consolidation of services in the Inter- ment Between the Government of the United Foundation in Stockholm, Sweden; States of America and the Government of national Cooperative Administrative Sup- Whereas the Nobel Prize has been awarded port Services system; the Republic of Palau Following the Com- for outstanding achievements in physics, pact of Free Association Section 432 Review, (C) an evaluation of how implementation chemistry, physiology or medicine, lit- of this Act is affecting the performance of and to appropriate funds for the purposes of erature, and peace since 1901; the amended PL 99–658 for fiscal years ending International Cooperative Administrative Whereas the Nobel Prize in Chemistry is Support Services customer agencies; and on or before September 30, 2024, to carry out awarded by the Royal Swedish Academy of the agreements resulting from that review; (D) recommendations, if warranted, for im- Sciences in Stockholm, Sweden to recognize proving the International Cooperative Ad- which was ordered to lie on the table. scientific advancements that have increased SA 3332. Mr. DURBIN proposed an amend- ministrative Support Services system and our understanding of chemical processes and implementing this Act. ment to the bill H.R. 4310, to authorize ap- their molecular basis; propriations for fiscal year 2013 for military f Whereas the 2012 Nobel Prize in Chemistry activities of the Department of Defense, for SUBMITTED RESOLUTIONS is awarded jointly to Robert J. Lefkowitz, military construction, and for defense activi- M.D., a Howard Hughes Medical Institute in- ties of the Department of Energy, to pre- vestigator and James B. Duke Professor of scribe military personnel strengths for such SENATE RESOLUTION 614—CELE- Medicine and Biochemistry at Duke Univer- fiscal year, and for other purposes. sity Medical Center in Durham, North Caro- SA 3333. Mr. MENENDEZ proposed an BRATING THE WORLD PEACE lina, and Brian K. Kobilka, M.D., Professor CORPS MISSION AND THE WORLD amendment to the bill H.R. 4310, supra. and Chair of Molecular and Cellular Physi- SA 3334. Mr. COONS (for Mr. RUBIO) pro- PEACE PRIZE ology at the Stanford University School of posed an amendment to the bill H.R. 3783, to Mr. MENENDEZ (for himself and Ms. Medicine in Stanford, California, for their provide for a comprehensive strategy to SNOWE) submitted the following resolu- studies on G-protein-coupled receptors; counter Iran’s growing hostile presence and tion; which was considered and agreed Whereas G-protein-coupled receptors are a activity in the Western Hemisphere, and for class of cell surface receptors that catch other purposes. to: chemical signals from the outside and trans- S. RES. 614 mit their messages into the cell, providing f Whereas the World Peace Corps Mission is the cell with information about changes oc- TEXT OF AMENDMENTS an international organization that operates curring within the body; according to the core spirit of advancing Whereas the studies completed by Robert SA 3329. Mr. MANCHIN (for himself peace, justice, and inter-religious collabora- J. Lefkowitz, M.D., and Brian K. Kobilka, and Mr. MORAN) submitted an amend- tions; M.D., have significantly advanced our sci- ment intended to be proposed by him Whereas the World Peace Prize is a pres- entific understanding of G-protein-coupled to the bill S. 3637, to temporarily ex- tigious award presented by the World Peace receptors and their functions; tend the transaction account guar- Corps Mission that celebrates individuals Whereas the groundbreaking discoveries antee program, and for other purposes; who have contributed tremendously to peace made by Robert J. Lefkowitz, M.D., and which was ordered to lie on the table; and enlightenment for humanity; Brian K. Kobilka, M.D., have made it pos- Whereas past recipients of the World Peace sible to target and treat diseases more pre- as follows: Prize include President Ronald Reagan of cisely and effectively, as nearly half of all At the end, add the following: the United States, President Abdurrahman medicines used in the world are aimed at G- SEC. ll. ADDITIONAL FEES TO ADDRESS DEPLE- Wahid of Indonesia, and President Nakamura protein-coupled receptors; TION OF INSURANCE FUNDS. of Palau; Whereas the National Institutes of Health If the amendments made by this Act would Whereas in 2010, the World Peace Prize supported the work done by Robert J. result in the inability of the Deposit Insur- Awarding Council recognized His Holiness Lefkowitz, M.D., and Brian K. Kobilka, M.D., ance Fund of the Federal Deposit Insurance Dorje Chang Buddha III (referred to in this through research grants with the goal of ad- Corporation (in this section referred to as preamble as ‘‘H.H. Dorje Change Buddha vancing scientific knowledge and improving the ‘‘Corporation’’) or the Share Insurance III’’) for his devotion to an immensely wide public health; and Fund of the National Credit Union Adminis- scope of humanitarian activities directed at Whereas the accomplishments and discov- tration (in this section referred to as the individuals from different communities eries of Robert J. Lefkowitz, M.D., and Brian ‘‘Administration’’) to fully cover insured throughout the world; K. Kobilka, M.D., are significant achieve- losses, the Corporation and the Administra- Whereas H.H. Dorje Chang Buddha III has ments in the field of scientific and medical tion shall impose additional fees on insured received numerous awards, including the research and further promote the United depository institutions and insured credit

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unions, respectively, in the same proportion if during fiscal years 2010 through 2013, the (3) FISCAL CONSOLIDATION FUND.—Section 3 as fees are imposed under section 7 of the Republic of Palau withdraws an amount of the Agreement shall be construed as Federal Deposit Insurance Act (12 U.S.C. greater than $30,000,000 from the trust fund though the section reads as follows: 1817) and section 105 of the Federal Credit established under section 211(f) of the Com- ‘‘SEC. 3. FISCAL CONSOLIDATION FUND. Union Act (12 U.S.C. 1755), respectively. pact of Free Association, amounts payable ‘‘The Government of Palau shall withdraw under sections 1, 2(a), 3, and 4(a) of the $10,000,000 from the Fund referred to in sec- SA 3330. Mrs. HAGAN (for herself and Agreement shall be withheld from the Re- tion 211(f) of the Compact of Free Associa- Mr. CRAPO) submitted an amendment public of Palau until the date on which the tion in fiscal year 2013 for deposit in an in- intended to be proposed by her to the Republic of Palau reimburses the trust fund terest bearing account to be used to reduce bill S. 3637, to temporarily extend the for the amount withdrawn that exceeds government payment arrears of Palau. Im- transaction account guarantee pro- $30,000,000. plementation of this section shall be carried gram, and for other purposes; which ‘‘(2) WITHDRAWAL.—The Republic of Palau out in accordance with the provisions of Ap- was ordered to lie on the table; as fol- may withdraw $15,000,000 in fiscal year 2013, pendix B to this Agreement.’’. if the Republic of Palau uses $10,000,000 of lows: (4) DIRECT ECONOMIC ASSISTANCE.—Sub- the amount withdrawn in accordance with sections (a) and (b) of section 4 of the Agree- At the end, add the following: section 3 of the Agreement. ment shall be construed as though the sub- SEC. ll. LIMITATION ON RULES REGARDING ‘‘(c) FUNDING FOR CERTAIN PROVISIONS sections read as follows: CREDIT RISK RETENTION. UNDER SECTION 105 OF COMPACT OF FREE AS- ‘‘(a) In addition to the economic assistance Rules jointly issued in final form under SOCIATION.—On the date of enactment of this of $13,147,000 provided to the Government of section 15G(b) of the Securities Exchange section, out of any funds in the Treasury not Palau by the Government of the United Act of 1934 (15 U.S.C. 78o-11(b)) may not in- otherwise appropriated, the Secretary of the States in each of fiscal years 2010 through clude a premium capture cash reserve ac- Treasury shall transfer to the Secretary of 2013, and unless otherwise specified in this count (or any similar instrument). the Interior such sums as are necessary for Agreement or in an Appendix to this Agree- the Secretary of the Interior to implement SA 3331. Mr. BINGAMAN submitted ment, the Government of the United States sections 1, 2(a), 3, 4(a), and 5 of the Agree- shall provide the Government of Palau an amendment intended to be proposed ment, which sums shall remain available by him to the bill S. 343, to amend $69,250,000 in economic assistance as follows: until expended without any further appro- $12,000,000 in fiscal year 2014; $11,500,000 in fis- Title I of PL 99–658 regarding the Com- priation. cal year 2015; $10,000,000 in fiscal year 2016; ‘‘(d) AUTHORIZATIONS OF APPROPRIATIONS.— pact of Free Association between the $8,500,000 in fiscal year 2017; $7,250,000 in fis- There are authorized to be appropriated— Government of the United States of cal year 2018; $6,000,000 in fiscal year 2019; ‘‘(1) to the Secretary of the Interior to sub- America and the Government of Palau, $5,000,000 in fiscal year 2020; $4,000,000 in fis- sidize postal services provided by the United cal year 2021; $3,000,000 in fiscal year 2022; to approve the results of the 15-year re- States Postal Service to the Republic of and $2,000,000 in fiscal year 2023. The funds view of the Compact, including the Palau, the Republic of the Marshall Islands, provided in any fiscal year under this sub- Agreement Between the Government of and the Federated States of Micronesia section for economic assistance shall be pro- the United States of America and the $1,500,000 for each of fiscal years 2014 through vided in 4 quarterly payments (30 percent in 2024, to remain available until expended; and Government of the Republic of Palau the first quarter, 30 percent in the second ‘‘(2) to the head of each Federal entity de- Following the Compact of Free Asso- quarter, 20 percent in the third quarter, and scribed in paragraphs (1), (3), and (4) of sec- ciation Section 432 Review, and to ap- 20 percent in the fourth quarter) unless oth- tion 221(a) of the Compact of Free Associa- propriate funds for the purposes of the erwise specified in this Agreement or in an tion (including the successor of each Federal amended PL 99-658 for fiscal years end- Appendix to this Agreement. entity) to carry out the responsibilities of ‘‘(b) Notwithstanding the provisions of ing on or before September 30, 2024, to the Federal entity under section 221(a) of the Compact section 211(f) and the Agreement carry out the agreements resulting Compact of Free Association such sums as Between the Government of the United from that review; which was ordered to are necessary, to remain available until ex- States and the Government of Palau Regard- lie on the table; as follows: pended.’’. ing Economic Assistance Concluded Pursu- (2) OFFSET.—Section 3 of the Act of June Strike all after the enacting clause and in- ant to Section 211(f) of the Compact of Free 30, 1954 (68 Stat. 330, 82 Stat. 1213, chapter sert the following: Association, if prior to fiscal year 2013 the 423), is repealed. SEC. 1. APPROVAL OF THE AGREEMENT BE- Government of Palau did not exceed a (c) PAYMENT SCHEDULE; WITHHOLDING OF TWEEN THE UNITED STATES AND $5,000,000 distribution from the Section 211(f) THE REPUBLIC OF PALAU. FUNDS; FUNDING.— Fund and, with respect to fiscal years 2014 (a) DEFINITIONS.—In this section: (1) UNITED STATES CONTRIBUTION TO THE through fiscal year 2023 and except as other- (1) AGREEMENT.—The term ‘‘Agreement’’ TRUST FUND.—Section 1 of the Agreement means the Agreement and appendices signed shall be construed as though the section wise agreed by the Government of the United by the United States and the Republic of reads as follows: States and the Government of Palau, the Government of Palau agrees not to exceed Palau on September 3, 2010. ‘‘SEC. 1. COMPACT SECTION 211(F) FUND. the following distributions from the Section (2) COMPACT OF FREE ASSOCIATION.—The ‘‘The Government of the United States 211(f) Fund: $5,000,000 in fiscal year 2012; term ‘‘Compact of Free Association’’ means shall contribute $40,250,000 to the Fund re- $15,000,000 in fiscal year 2013 ($10,000,000 of the Compact of Free Association between the ferred to in section 211(f) of the Compact of which shall be used in accordance with sec- Government of the United States of America Free Association in accordance with the fol- and the Government of Palau (48 U.S.C. 1931 lowing schedule: $16,000,000 in fiscal year tion 3); $5,250,000 in fiscal year 2014; $5,500,000 note; Public Law 99–658). 2014; $8,000,000 in fiscal year 2015; $3,000,000 in in fiscal year 2015; $6,750,000 in fiscal year (b) RESULTS OF COMPACT REVIEW.— each of fiscal years 2016 and 2017; $2,000,000 in 2016; $8,000,000 in fiscal year 2017; $9,000,000 in (1) IN GENERAL.—Title I of Public Law 99– each of fiscal years 2018 through 2022; and fiscal year 2018; $10,000,000 in fiscal year 2019; 658 (48 U.S.C. 1931 et seq.) is amended by add- $250,000 for fiscal year 2023.’’. $10,500,000 in fiscal year 2020; $11,000,000 in fiscal year 2021; $12,000,000 in fiscal year 2022; ing at the end the following: (2) INFRASTRUCTURE MAINTENANCE FUND.— and $13,000,000 in fiscal year 2023.’’. ‘‘SEC. 105. RESULTS OF COMPACT REVIEW. Subsection (a) of section 2 of the Agreement (5) INFRASTRUCTURE PROJECTS.—Section 5 ‘‘(a) IN GENERAL.—The Agreement and ap- shall be construed as though the subsection pendices signed by the United States and the reads as follows: of the Agreement shall be construed as Republic of Palau on September 3, 2010 (re- ‘‘(a) The Government of the United States though the section reads as follows: ferred to in this section as the ‘Agreement’), shall provide a grant of $6,912,000 for fiscal ‘‘SEC. 5. INFRASTRUCTURE PROJECTS. in connection with section 432 of the Com- year 2014 and a grant of $2,000,000 annually ‘‘The Government of the United States pact of Free Association between the Gov- from the beginning of fiscal year 2015 shall provide grants totaling $40,000,000 to ernment of the United States of America and through fiscal year 2024 to create a trust the Government of Palau as follows: the Government of Palau (48 U.S.C. 1931 note; fund (the ‘Infrastructure Maintenance Fund’) $30,000,000 in fiscal year 2014; and $5,000,000 Public Law 99–658) (referred to in this section to be used for the routine and periodic main- annually in fiscal years 2015 and 2016; to- as the ‘Compact of Free Association’), are tenance of major capital improvement wards 1 or more mutually agreed infrastruc- approved— projects financed by funds provided by the ture projects in accordance with the provi- ‘‘(1) except for the extension of Article X of United States. The Government of the Re- sions of Appendix C to this Agreement.’’. the Agreement Regarding Federal Programs public of Palau will match the contributions (d) CONTINUING PROGRAMS AND LAWS.—Sec- and Services, and Concluded Pursuant to Ar- made by the United States by making con- tion 105(f)(1)(B)(ix) of the Compact of Free ticle II of Title Two and Section 232 of the tributions of $150,000 to the Infrastructure Association Amendments Act of 2003 (48 Compact of Free Association; and Maintenance Fund on a quarterly basis from U.S.C. 192ld(f)(1)(B)(ix)) is amended by strik- ‘‘(2) subject to the provisions of this sec- the beginning of fiscal year 2014 through fis- ing ‘‘2009’’ and inserting ‘‘2024’’. tion. cal year 2024. Implementation of this sub- (e) PASSPORT REQUIREMENT.—Section 141 of ‘‘(b) WITHHOLDING OF FUNDS.— section shall be carried out in accordance Article IV of Title One of the Compact of ‘‘(1) IN GENERAL.—If the Agreement be- with the provisions of Appendix A to this Free Association shall be construed and ap- comes effective prior to fiscal year 2014, and Agreement.’’. plied as if it read as follows:

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PASSPORT REQUIREMENT. does not include the authority to impose given that term in section 102 of the Agricul- ‘‘(a) Any person in the following categories sanctions on the importation of property. tural Trade Act of 1978 (7 U.S.C. 5602). may be admitted to, lawfully engage in occu- (b) VISA BAN.—The Secretary of State shall (2) APPROPRIATE CONGRESSIONAL COMMIT- pations, and establish residence as a non- deny a visa to, and the Secretary of Home- TEES.—The term ‘‘appropriate congressional immigrant in the United States and its terri- land Security shall exclude from the United committees’’ has the meaning given that tories and possessions without regard to States, any alien who is a person described term in section 14 of the Iran Sanctions Act paragraphs (5) or (7)(B)(i)(II) of section 212(a) in subsection (c). of 1996 (Public Law 104–172; 50 U.S.C. 1701 of the Immigration and Nationality Act (8 (c) PERSONS DESCRIBED.—A person de- note). U.S.C. 1182(a)(5) or (a)(7)(B)(i)(II)), provided scribed in this subsection is a person that (3) COAL.—The term ‘‘coal’’ means met- that the passport presented to satisfy sec- the President determines provides, on or allurgical coal, coking coal, or fuel coke. tion 212(a)(7)(B)(i)(I) of such Act is a valid after the date of the enactment of this Act, (4) CORRESPONDENT ACCOUNT; PAYABLE- unexpired machine-readable passport that significant financial, material, or techno- THROUGH ACCOUNT.—The terms ‘‘cor- satisfies the internationally accepted stand- logical support to M23. respondent account’’ and ‘‘payable-through ard for machine readability— (d) WAIVER.—The President may waive the account’’ have the meanings given those ‘‘(1) a person who, on September 30, 1994, application of this section with respect to a terms in section 5318A of title 31, United was a citizen of the Trust Territory of the person if the President determines and re- States Code. Pacific Islands, as defined in title 53 of the ports to the appropriate congressional com- (5) FOREIGN FINANCIAL INSTITUTION.—The Trust Territory Code in force on January 1, mittees that the waiver is in the national in- term ‘‘foreign financial institution’’ has the 1979, and has become and remains a citizen of terest of the United States. meaning of that term as determined by the Palau; (e) TERMINATION OF SANCTIONS.—Sanctions Secretary of the Treasury pursuant to sec- ‘‘(2) a person who acquires the citizenship imposed under this section may terminate 15 tion 104(i) of the Comprehensive Iran Sanc- of Palau, at birth, on or after the effective days after the date on which the President tions, Accountability, and Divestment Act of date of the Constitution of Palau; or determines and reports to the appropriate 2010 (22 U.S.C. 8513(i)). congressional committees that the person ‘‘(3) a naturalized citizen of Palau, who has (6) IRANIAN FINANCIAL INSTITUTION.—The been an actual resident of Palau for not less covered by such determination has termi- term ‘‘Iranian financial institution’’ has the than five years after attaining such natu- nated the provision of significant financial, meaning given that term in section 104A(d) ralization and who holds a certificate of ac- material, and technological support to M23. of the Comprehensive Iran Sanctions, Ac- (f) TERMINATION OF SECTION.—This section tual residence. countability, and Divestment Act of 2010 (22 shall terminate on the date that is 15 days ‘‘(b) Such persons shall be considered to U.S.C. 8513b(d)). after the date on which the President deter- have the permission of the Secretary of (7) IRANIAN PERSON.—The term ‘‘Iranian mines and reports to the appropriate con- Homeland Security of the United States to person’’ means— gressional committees that M23 is no longer accept employment in the United States. (A) an individual who is a citizen or na- a significant threat to peace and security in ‘‘(c) The right of such persons to establish tional of Iran; and the Democratic Republic of the Congo. habitual residence in a territory or posses- (B) an entity organized under the laws of (g) DEFINITIONS.—In this section: sion of the United States may, however, be Iran or otherwise subject to the jurisdiction (1) APPROPRIATE CONGRESSIONAL COMMIT- subjected to non-discriminatory limitations of the Government of Iran. TEES.—The term ‘‘appropriate congressional (8) KNOWINGLY.—The term ‘‘knowingly’’, provided for— committees’’ means— with respect to conduct, a circumstance, or a ‘‘(1) in statutes or regulations of the (A) the Committee on Banking, Housing, result, means that a person has actual United States; or and Urban Affairs, the Committee on Armed knowledge, or should have known, of the ‘‘(2) in those statutes or regulations of the Services, and the Committee on Foreign Re- conduct, the circumstance, or the result. territory or possession concerned which are lations of the Senate; and (9) MEDICAL DEVICE.—The term ‘‘medical authorized by the laws of the United States. (B) the Committee on Financial Services, ‘‘(d) Section 141(a) does not confer on a cit- device’’ has the meaning given the term ‘‘de- the Committee on Armed Services, and the izen of Palau the right to establish the resi- vice’’ in section 201 of the Federal Food, Committee on Foreign Affairs of the House dence necessary for naturalization under the Drug, and Cosmetic Act (21 U.S.C. 321). of Representatives. Immigration and Nationality Act, or to peti- (10) MEDICINE.—The term ‘‘medicine’’ has (2) M23.—The term ‘‘M23’’ refers to the tion for benefits for alien relatives under the meaning given the term ‘‘drug’’ in sec- rebel group known as M23 operating in the that Act. Section 141(a), however, shall not tion 201 of the Federal Food, Drug, and Cos- Democratic Republic of the Congo that de- prevent a citizen of Palau from otherwise ac- metic Act (21 U.S.C. 321). rives its name from the March 23, 2009, agree- quiring such rights or lawful permanent resi- (11) SHIPPING.—The term ‘‘shipping’’ refers ment between the Government of the Demo- dent alien status in the United States.’’. to the transportation of goods by a vessel cratic Republic of the Congo and the Na- and related activities. tional Congress for the Defense of the People (12) UNITED STATES PERSON.—The term SA 3332. Mr. DURBIN proposed an (or any successor group). ‘‘United States person’’ has the meaning amendment to the bill H.R. 4310, to au- (3) UNITED STATES PERSON.—The term given that term in section 101 of the Com- thorize appropriations for fiscal year ‘‘United States person’’ means— prehensive Iran Sanctions, Accountability, 2013 for military activities of the De- (A) an individual who is a United States and Divestment Act of 2010 (22 U.S.C. 8511). partment of Defense, for military con- citizen or an alien lawfully admitted for per- (13) VESSEL.—The term ‘‘vessel’’ has the manent residence to the United States; or struction, and for defense activities of meaning given that term in section 3 of title (B) an entity organized under the laws of the Department of Energy, to prescribe 1, United States Code. the United States or of any jurisdiction military personnel strengths for such (b) DETERMINATIONS OF SIGNIFICANCE.—For within the United States. fiscal year, and for other purposes; as purposes of this subtitle, in determining if fi- follows: SA 3333. Mr. MENENDEZ proposed an nancial transactions or financial services are significant, the President may consider the On page 728, of the Sente amendment to amendment to the bill H.R. 4310, to au- totality of the facts and circumstances, in- H.R. 4310, strike line 4 through page 730, line thorize appropriations for fiscal year cluding factors similar to the factors set 18 and insert the following: 2013 for military activities of the De- forth in section 561.404 of title 31, Code of SEC. 12l. IMPOSITION OF SANCTIONS WITH RE- partment of Defense, for military con- Federal Regulations (or any corresponding SPECT TO SUPPORT FOR THE REBEL similar regulation or ruling). GROUP KNOWN AS M23. struction, and for defense activities of SEC. 1263. DECLARATION OF POLICY ON HUMAN (a) BLOCKING OF ASSETS.— the Department of Energy, to prescribe military personnel strengths for such RIGHTS. (1) IN GENERAL.—The Secretary of the (a) FINDING.—Congress finds that the inter- Treasury shall, pursuant to the Inter- fiscal year, and for other purposes; as ests of the United States and international national Emergency Economic Powers Act follows: peace are threatened by the ongoing and de- (50 U.S.C. 1701 et seq.) or Executive Order AMENDMENT NO. 3333 stabilizing actions of the Government of 13413 (74 Fed. Reg. 64105; relating to blocking Iran, including its massive, systematic, and On page 757 of the Senate amendment to property of certain persons contributing to extraordinary violations of the human rights H.R. 4310, strike line 1 through page 789, line the conflict in the Democratic Republic of of its own citizens. 20 and insert the following: the Congo), block and prohibit all trans- (b) DECLARATION OF POLICY.—It shall be the actions in all property and interests in prop- Subtitle E—Iran Sanctions policy of the United States— erty of a person described in subsection (c) if SEC. 1261. SHORT TITLE. (1) to deny the Government of Iran the such property and interests in property are This subtitle may be cited as the ‘‘Iran ability to continue to oppress the people of in the United States, come within the United Freedom and Counter-Proliferation Act of Iran and to use violence and executions States, or are or come within the possession 2012’’. against pro-democracy protestors and regime or control of a United States person. SEC. 1262. DEFINITIONS. opponents; (2) EXCEPTION.—The authority to block and (a) IN GENERAL.—In this subtitle: (2) to fully and publicly support efforts prohibit all transactions in all property and (1) AGRICULTURAL COMMODITY.—The term made by the people of Iran to promote the interests in property under paragraph (1) ‘‘agricultural commodity’’ has the meaning establishment of basic freedoms that build

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00232 Fmt 4624 Sfmt 0634 E:\CR\FM\A12DE6.025 S12DEPT1 tjames on DSK6SPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — SENATE S7985 the foundation for the emergence of a freely date that is 90 days after the date of the en- section with respect to any person for con- elected, open, and democratic political sys- actment of this Act— ducting or facilitating a transaction for the tem; (A) is part of the energy, shipping, or ship- sale of agricultural commodities, food, medi- (3) to help the people of Iran produce, ac- building sectors of Iran; cine, or medical devices to Iran or for the cess, and share information freely and safely (B) operates a port in Iran; or provision of humanitarian assistance to the via the Internet and through other media; (C) knowingly provides significant finan- people of Iran. and cial, material, technological, or other sup- (f) APPLICABILITY OF SANCTIONS TO PETRO- (4) to defeat all attempts by the Govern- port to, or goods or services in support of LEUM AND PETROLEUM PRODUCTS.— ment of Iran to jam or otherwise obstruct any activity or transaction on behalf of or (1) IN GENERAL.—Except as provided in international satellite broadcast signals. for the benefit of— paragraph (2), this section shall apply with SEC. 1264. IMPOSITION OF SANCTIONS WITH RE- (i) a person determined under subpara- respect to the purchase of petroleum or pe- SPECT TO THE ENERGY, SHIPPING, graph (A) to be a part of the energy, ship- troleum products from Iran only if, at the AND SHIPBUILDING SECTORS OF ping, or shipbuilding sectors of Iran; time of the purchase, a determination of the IRAN. (ii) a person determined under subpara- President under section 1245(d)(4)(B) of the (a) FINDINGS.—Congress makes the fol- graph (B) to operate a port in Iran; or National Defense Authorization Act for Fis- lowing findings: (iii) an Iranian person included on the list cal Year 2012 (22 U.S.C. 8513a(d)(4)(B)) that (1) Iran’s energy, shipping, and ship- of specially designated nationals and blocked the price and supply of petroleum and petro- building sectors and Iran’s ports are facili- persons maintained by the Office of Foreign leum products produced in countries other tating the Government of Iran’s nuclear pro- Assets Control of the Department of the than Iran is sufficient to permit purchasers liferation activities by providing revenue to Treasury (other than an Iranian financial in- of petroleum and petroleum products from support proliferation activities. stitution described in paragraph (3)). Iran to reduce significantly their purchases (2) The United Nations Security Council (3) IRANIAN FINANCIAL INSTITUTIONS DE- from Iran is in effect. and the United States Government have ex- SCRIBED .—An Iranian financial institution (2) EXCEPTION FOR CERTAIN COUNTRIES.— pressed concern about the proliferation risks described in this paragraph is an Iranian fi- (A) EXPORTATION.—This section shall not presented by the Iranian nuclear program. nancial institution that has not been des- apply with respect to the exportation of pe- (3) The Director General of the Inter- ignated for the imposition of sanctions in troleum or petroleum products from Iran to national Atomic Energy Agency (in this sec- connection with— a country to which the exception under section referred to as the ‘‘IAEA’’) has in suc- (A) Iran’s proliferation of weapons of mass tion 1245(d)(4)(D)(i) of the National Defense destruction or delivery systems for weapons cessive reports (GOV/2012/37 and GOV/2011/65) Authorization Act for Fiscal Year 2012 (22 identified possible military dimensions of of mass destruction; U.S.C. 8513a(d)(4)(D)(i)) applies at the time of Iran’s nuclear program. (B) Iran’s support for international ter- the exportation of the petroleum or petro- (4) The Government of Iran continues to rorism; or leum products. defy the requirements and obligations con- (C) Iran’s abuses of human rights. (B) FINANCIAL TRANSACTIONS.— tained in relevant IAEA Board of Governors (d) ADDITIONAL SANCTIONS WITH RESPECT (i) IN GENERAL.—This section shall not TO THE ENERGY, SHIPPING, AND SHIPBUILDING and United Nations Security Council resolu- apply with respect to a financial transaction tions, including by continuing and expanding SECTORS OF IRAN.— (1) SALE, SUPPLY, OR TRANSFER OF CERTAIN described in clause (ii) conducted or facili- uranium enrichment activities in Iran, as re- tated by a foreign financial institution if, at ported in IAEA Report GOV/2012/37. GOODS AND SERVICES.—Except as provided in this section, the President shall impose 5 or the time of the transaction, the exception (5) United Nations Security Council Reso- under section 1245(d)(4)(D)(i) of the National lution 1929 (2010) recognizes the ‘‘potential more of the sanctions described in section 6(a) of the Iran Sanctions Act of 1996 (Public Defense Authorization Act for Fiscal Year connection between Iran’s revenues derived 2012 (22 U.S.C. 8513a(d)(4)(D)(i)) applies to the from its energy sector and the funding of Law 104–172; 50 U.S.C. 1701 note) (other than sanctions relating to the importation of country with primary jurisdiction over the Iran’s proliferation sensitive nuclear activi- foreign financial institution. ties’’. property under paragraph (8)(A) or (12) of (ii) FINANCIAL TRANSACTIONS DESCRIBED.—A (6) The National Iranian Tanker Company such section) with respect to a person if the President determines that the person know- financial transaction conducted or facili- is the main carrier for the Iranian Revolu- tated by a foreign financial institution is de- tionary Guard Corps-designated National ingly, on or after the date that is 90 days after the date of the enactment of this Act, scribed in this clause if— Iranian Oil Company and a key element in (I) the financial transaction is for the pur- the petroleum supply chain responsible for sells, supplies, or transfers to or from Iran significant goods or services described in chase of purchase of petroleum or petroleum generating energy revenues that support the products from Iran; illicit nuclear proliferation activities of the paragraph (3). (2) FACILITATION OF CERTAIN TRANS- (II) the financial transaction is only for Government of Iran. trade in goods or services— (b) DESIGNATION OF PORTS AND ENTITIES IN ACTIONS.—Except as provided in this section, (aa) not otherwise subject to sanctions THE ENERGY, SHIPPING, AND SHIPBUILDING the President shall prohibit the opening, and under the law of the United States; and SECTORS OF IRAN AS ENTITIES OF PROLIFERA- prohibit or impose strict conditions on the (bb) between the country with primary ju- TION CONCERN.—Entities that operate ports maintaining, in the United States of a cor- in Iran and entities in the energy, shipping, respondent account or a payable-through ac- risdiction over the foreign financial institu- and shipbuilding sectors of Iran, including count by a foreign financial institution that tion and Iran; and the National Iranian Oil Company, the Na- the President determines knowingly, on or (III) any funds owed to Iran as a result of tional Iranian Tanker Company, the Islamic after the date that is 90 days after the date such trade are credited to an account located Republic of Iran Shipping Lines, and their of the enactment of this Act, conducts or fa- in the country with primary jurisdiction affiliates, play an important role in Iran’s cilitates a significant financial transaction over the foreign financial institution. nuclear proliferation efforts and all such en- for the sale, supply, or transfer to or from (g) APPLICABILITY OF SANCTIONS TO NAT- tities are hereby designated as entities of Iran of goods or services described in para- URAL GAS.— proliferation concern. graph (3). (1) SALE, SUPPLY, OR TRANSFER.—Except as (c) BLOCKING OF PROPERTY OF ENTITIES IN (3) GOODS AND SERVICES DESCRIBED.—Goods provided in paragraph (2), this section shall ENERGY, SHIPPING, AND SHIPBUILDING SEC- or services described in this paragraph are not apply to the sale, supply, or transfer to TORS.— goods or services used in connection with the or from Iran of natural gas. (1) BLOCKING OF PROPERTY.— energy, shipping, or shipbuilding sectors of (2) FINANCIAL TRANSACTIONS.—This section (A) IN GENERAL.—On and after the date Iran, including the National Iranian Oil shall apply to a foreign financial institution that is 90 days after the date of the enact- Company, the National Iranian Tanker Com- that conducts or facilitates a financial trans- ment of this Act, the President shall block pany, and the Islamic Republic of Iran Ship- action for the sale, supply, or transfer to or and prohibit all transactions in all property ping Lines. from Iran of natural gas unless— and interests in property of any person de- (4) APPLICATION OF CERTAIN PROVISIONS OF (A) the financial transaction is only for scribed in paragraph (2) if such property and IRAN SANCTIONS ACT OF 1996.—The following trade in goods or services— interests in property are in the United provisions of the Iran Sanctions Act of 1996 (i) not otherwise subject to sanctions States, come within the United States, or (Public Law 104–172; 50 U.S.C. 1701 note) shall under the law of the United States; and are or come within the possession or control apply with respect to the imposition of sanc- (ii) between the country with primary ju- of a United States person. tions under paragraph (1) to the same extent risdiction over the foreign financial institu- (B) EXCEPTION.—The authority to block that such provisions apply with respect to tion and Iran; and and prohibit all transactions in all property the imposition of sanctions under section (B) any funds owed to Iran as a result of and interests in property under subpara- 5(a) of that Act: such trade are credited to an account located graph (A) does not include the authority to (A) Subsections (c), (d), and (f) of section 5 in the country with primary jurisdiction impose sanctions on the importation of prop- (except for paragraphs (3) and (4)(C) of such over the foreign financial institution. erty. subsection (f)). (h) WAIVER.— (2) PERSONS DESCRIBED.—A person is de- (B) Sections 8, 11, and 12. (1) IN GENERAL.—The President may waive scribed in this paragraph if the President de- (e) HUMANITARIAN EXCEPTION.—The Presi- the imposition of sanctions under this sec- termines that the person, on or after the dent may not impose sanctions under this tion for a period of not more than 120 days,

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Revolutionary Guard Corps; and rorism; or (2) FORM OF REPORT.—Each report sub- (3) which of the materials described in sub- (3) to or for any Iranian person included on mitted under paragraph (1)(B) shall be subsection (c) are relevant to the nuclear, mili- the list of specially designated nationals and mitted in unclassified form, but may include tary, or ballistic missile programs of Iran. blocked persons maintained by the Office of a classified annex. (e) EXCEPTION FOR PERSONS EXERCISING Foreign Assets Control of the Department of SEC. 1265. IMPOSITION OF SANCTIONS WITH RE- DUE DILIGENCE.—The President may not im- the Treasury (other than an Iranian finan- SPECT TO THE SALE, SUPPLY, OR pose sanctions under subsection (a) or (b) cial institution described in subsection (b)). TRANSFER OF CERTAIN MATERIALS with respect to a person if the President de- TO OR FROM IRAN. termines that the person has exercised due (b) IRANIAN FINANCIAL INSTITUTIONS DE- (a) SALE, SUPPLY, OR TRANSFER OF CERTAIN diligence in establishing and enforcing offi- SCRIBED.—An Iranian financial institution MATERIALS.—The President shall impose 5 or cial policies, procedures, and controls to en- described in this subsection is an Iranian fi- more of the sanctions described in section sure that the person does not sell, supply, or nancial institution that has not been des- 6(a) of the Iran Sanctions Act of 1996 (Public transfer to or from Iran materials the sale, ignated for the imposition of sanctions in Law 104–172; 50 U.S.C. 1701 note) (other than supply, or transfer of which would subject a connection with— sanctions relating to the importation of person to sanctions under subsection (a) or (1) Iran’s proliferation of weapons of mass property under paragraph (8)(A) or (12) of conduct or facilitate a financial transaction destruction or delivery systems for weapons such section) with respect to a person if the for such a sale, supply, or transfer. of mass destruction; (f) WAIVER.— President determines that the person know- (2) Iran’s support for international ter- (1) IN GENERAL.—The President may waive ingly, on or after the date that is 90 days rorism; or the imposition of sanctions under this sec- after the date of the enactment of this Act, (3) Iran’s abuses of human rights. sells, supplies, or transfers, directly or indi- tion for a period of not more than 120 days, rectly, to or from Iran— and may renew that waiver for additional pe- (c) HUMANITARIAN EXCEPTION.—The Presi- (1) a precious metal; riods of not more than 120 days, if the Presi- dent may not impose sanctions under sub- (2) a material described in subsection (c) dent— section (a) for the provision of underwriting determined pursuant to subsection (d)(1) to (A) determines that such a waiver is vital services or insurance or reinsurance for a be used by Iran as described in that sub- to the national security of the United transaction for the sale of agricultural com- section; States; and modities, food, medicine, or medical devices (3) any other material described in sub- (B) submits to the appropriate congres- to Iran or for the provision of humanitarian sional committees a report providing a jus- section (c) if— assistance to the people of Iran. (A) the material is— tification for the waiver. (i) to be used in connection with the en- (2) FORM OF REPORT.—Each report sub- (d) EXCEPTION FOR UNDERWRITERS AND IN- ergy, shipping, or shipbuilding sectors of mitted under paragraph (1)(B) shall be sub- SURANCE PROVIDERS EXERCISING DUE DILI- Iran or any sector of the economy of Iran mitted in unclassified form, but may include GENCE.—The President may not impose sanc- controlled directly or indirectly by Iran’s a classified annex. tions under paragraph (1) or (3) or subpara- Revolutionary Guard Corps; (g) NATIONAL BALANCE SHEET OF IRAN DE- graph (A) or (B) of paragraph (2) of sub- FINED.—For purposes of this section, the (ii) sold, supplied, or transferred to or from section (a) with respect to a person that pro- an Iranian person included on the list of spe- term ‘‘national balance sheet of Iran’’ refers to the ratio of the assets of the Government vides underwriting services or insurance or cially designated nationals and blocked per- reinsurance if the President determines that sons maintained by the Office of Foreign As- of Iran to the liabilities of that Government. the person has exercised due diligence in es- sets Control of the Department of the Treas- SEC. 1266. IMPOSITION OF SANCTIONS WITH RE- ury; or SPECT TO THE PROVISION OF UN- tablishing and enforcing official policies, DERWRITING SERVICES OR INSUR- (iii) relevant to the nuclear, military, or procedures, and controls to ensure that the ANCE OR REINSURANCE FOR ACTIVI- person does not underwrite or enter into a ballistic missile programs of Iran; or TIES OR PERSONS WITH RESPECT (B) the material is resold, retransferred, or TO WHICH SANCTIONS HAVE BEEN contract to provide insurance or reinsurance otherwise supplied— IMPOSED. for an activity described in paragraph (1) of (i) to an end-user in a sector described in (a) IN GENERAL.—Except as provided in that subsection or to or for any person de- clause (i) of subparagraph (A); subsection (b), the President shall impose 5 scribed in paragraph (3) or subparagraph (A) (ii) to a person described in clause (ii) of or more of the sanctions described in section or (B) of paragraph (2) of that subsection. that subparagraph; or 6(a) of the Iran Sanctions Act of 1996 (Public (iii) for a program described in clause (iii) Law 104–172; 50 U.S.C. 1701 note) (other than (e) WAIVER.— of that subparagraph. sanctions relating to the importation of (1) IN GENERAL.—The President may waive (b) FACILITATION OF CERTAIN TRANS- property under paragraph (8)(A) or (12) of the imposition of sanctions under subsection ACTIONS.—The President shall prohibit the such section) with respect to a person if the (a) for a period of not more than 120 days, opening, and prohibit or impose strict condi- President determines that the person know- and may renew that waiver for additional pe- tions on the maintaining, in the United ingly, on or after the date that is 90 days riods of not more than 120 days, if the Presi- States of a correspondent account or a pay- after the date of the enactment of this Act, dent— able-through account by a foreign financial provides underwriting services or insurance (A) determines that such a waiver is vital institution that the President determines or reinsurance— to the national security of the United knowingly, on or after the date that is 90 (1) for any activity with respect to Iran for States; and days after the date of the enactment of this which sanctions have been imposed under (B) submits to the appropriate congres- Act, conducts or facilitates a significant fi- this subtitle, the International Emergency sional committees a report providing a jus- nancial transaction for the sale, supply, or Economic Powers Act (50 U.S.C. 1701 et seq.), tification for the waiver. transfer to or from Iran of materials the the Iran Sanctions Act of 1996, the Com- (2) FORM OF REPORT.—Each report sub- sale, supply, or transfer of which would sub- prehensive Iran Sanctions, Accountability, mitted under paragraph (1)(B) shall be subject a person to sanctions under subsection and Divestment Act of 2010 (22 U.S.C. 8501 et mitted in unclassified form, but may include (a). seq.), the Iran Threat Reduction and Syria a classified annex. (c) MATERIALS DESCRIBED.—Materials de- Human Rights Act of 2012 (22 U.S.C. 8701 et (f) APPLICATION OF CERTAIN PROVISIONS OF seq.), the Iran, North Korea, and Syria Non- scribed in this subsection are graphite, raw IRAN SANCTIONS ACT OF 1996.—The following proliferation Act (Public Law 106–178; 50 or semi-finished metals such as aluminum provisions of the Iran Sanctions Act of 1996 and steel, coal, and software for integrating U.S.C. 1701 note), or any other provision of (Public Law 104–172; 50 U.S.C. 1701 note) shall industrial processes. law relating to the imposition of sanctions (d) DETERMINATION WITH RESPECT TO USE with respect to Iran; apply with respect to the imposition of sanc- OF MATERIALS.—Not later than 90 days after (2) to or for any person— tions under subsection (a) to the same extent the date of the enactment of this Act, and (A) with respect to, or for the benefit of that such provisions apply with respect to every 90 days thereafter, the President shall any activity in the energy, shipping, or ship- the imposition of sanctions under section submit to the appropriate congressional building sectors of Iran for which sanctions 5(a) of that Act: committees and publish in the Federal Reg- are imposed under this subtitle; (1) Subsections (c), (d), and (f) of section 5 ister a report that contains the determina- (B) for the sale, supply, or transfer to or (except for paragraphs (3) and (4)(C) of such tion of the President with respect to— from Iran of materials described in section subsection (f)). (1) whether Iran is— 1255(c); or (2) Sections 8, 11, and 12.

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SEC. 1267. IMPOSITION OF SANCTIONS WITH RE- (e) APPLICABILITY OF SANCTIONS TO NAT- ‘‘(b) LIST OF PERSONS WHO ENGAGE IN DI- SPECT TO FOREIGN FINANCIAL IN- URAL GAS.—Subsection (a) shall apply to a VERSION.— STITUTIONS THAT FACILITATE FI- foreign financial institution that conducts or ‘‘(1) IN GENERAL.—As relevant information NANCIAL TRANSACTIONS ON BE- facilitates a financial transaction for the becomes available, the President shall sub- HALF OF SPECIALLY DESIGNATED NATIONALS. sale, supply, or transfer to or from Iran of mit to the appropriate congressional com- (a) IN GENERAL.—Except as provided in this natural gas unless— mittees a list of persons that the President section, the President shall prohibit the (1) the financial transaction is only for determines have, on or after such date of en- opening, and prohibit or impose strict condi- trade in goods or services— actment, engaged in corruption or other actions on the maintaining, in the United (A) not otherwise subject to sanctions tivities relating to— States of a correspondent account or a pay- under the law of the United States; and ‘‘(A) the diversion of goods, including agri- able-through account by a foreign financial (B) between the country with primary ju- cultural commodities, food, medicine, and institution that the President determines risdiction over the foreign financial institu- medical devices, intended for the people of has, on or after the date that is 90 days after tion and Iran; and Iran; or the date of the enactment of this Act, know- (2) any funds owed to Iran as a result of ‘‘(B) the misappropriation of proceeds from ingly facilitated a significant financial such trade are credited to an account located the sale or resale of such goods. transaction on behalf of any Iranian person in the country with primary jurisdiction ‘‘(2) FORM OF REPORT; PUBLIC AVAIL- included on the list of specially designated over the foreign financial institution. ABILITY.— nationals and blocked persons maintained by (f) WAIVER.— ‘‘(A) FORM.—The list required by paragraph the Office of Foreign Assets Control of the (1) IN GENERAL.—The President may waive (1) shall be submitted in unclassified form Department of the Treasury (other than an the imposition of sanctions under subsection but may contain a classified annex. Iranian financial institution described in (a) for a period of not more than 120 days, ‘‘(B) PUBLIC AVAILABILITY.—The unclassi- subsection (b)). and may renew that waiver for additional pe- fied portion of the list required by paragraph (b) IRANIAN FINANCIAL INSTITUTIONS DE- riods of not more than 120 days, if the Presi- (1) shall be made available to the public and SCRIBED.—An Iranian financial institution dent— posted on the websites of the Department of described in this subsection is an Iranian fi- (A) determines that such a waiver is vital the Treasury and the Department of State.’’. nancial institution that has not been des- to the national security of the United (b) WAIVER.—Section 401(b)(1) of the Com- ignated for the imposition of sanctions in States; and prehensive Iran Sanctions, Accountability, connection with— (B) submits to the appropriate congres- and Divestment Act of 2010 (22 U.S.C. (1) Iran’s proliferation of weapons of mass sional committees a report providing a jus- 8551(b)(1)) is amended— destruction or delivery systems for weapons tification for the waiver. (1) by striking ‘‘or 105B(a)’’ and inserting of mass destruction; (2) FORM OF REPORT.—Each report sub- ‘‘105B(a), or 105C(a)’’; and (2) Iran’s support for international ter- mitted under paragraph (1)(B) shall be sub- (2) by striking ‘‘or 105B(b)’’ and inserting rorism; or mitted in unclassified form, but may include ‘‘105B(b), or 105C(b)’’. (3) Iran’s abuses of human rights. a classified annex. (c) HUMANITARIAN EXCEPTION.—The Presi- (c) CLERICAL AMENDMENT.—The table of dent may not impose sanctions under sub- SEC. 1268. INCLUSION OF THE ISLAMIC REPUB- contents for the Comprehensive Iran Sanc- LIC OF IRAN BROADCASTING ON tions, Accountability, and Divestment Act of section (a) with respect to any person for THE LIST OF HUMAN RIGHTS ABUS- conducting or facilitating a transaction for ERS. 2010 is amended by inserting after the item relating to section 105B the following: the sale of agricultural commodities, food, (a) FINDINGS.—Congress makes the fol- medicine, or medical devices to Iran or for lowing findings: ‘‘Sec. 105C. Imposition of sanctions with re- the provision of humanitarian assistance to (1) The Islamic Republic of Iran Broad- spect to persons engaged in the the people of Iran. casting has contributed to the infringement diversion of goods intended for (d) APPLICABILITY OF SANCTIONS TO PETRO- of individuals’ human rights by broadcasting the people of Iran.’’. LEUM AND PETROLEUM PRODUCTS.— forced televised confession and show trials. (1) IN GENERAL.—Except as provided in SEC. 1270. WAIVER REQUIREMENT RELATED TO (2) In March 2012, the European Council im- paragraph (2), subsection (a) shall apply with EXCEPTIONAL CIRCUMSTANCES posed sanctions on the President of the Is- PREVENTING SIGNIFICANT REDUC- respect to a financial transaction for the lamic Republic of Iran Broadcasting, TIONS IN CRUDE OIL PURCHASES. purchase of petroleum or petroleum products Ezzatollah Zargami, for broadcasting forced from Iran only if, at the time of the trans- Section 1245(d)(5)(B) of the National De- confessions of detainees and a series of action, a determination of the President fense Authorization Act for Fiscal Year 2012 ‘‘show trials’’ in August 2009 and December under section 1245(d)(4)(B) of the National (22 U.S.C. 8513a(d)(5)(B)) is amended— 2011 that constituted a clear violation of Defense Authorization Act for Fiscal Year (1) in clause (i), by striking ‘‘; and’’ and in- international law with respect to the right 2012 (22 U.S.C. 8513a(d)(4)(B)) that the price serting a semicolon; to a fair trial and due process. and supply of petroleum and petroleum prod- (2) by redesignating clause (ii) as clause (b) INCLUSION OF THE ISLAMIC REPUBLIC OF ucts produced in countries other than Iran is (iii); and IRAN BROADCASTING ON THE LIST OF HUMAN sufficient to permit purchasers of petroleum (3) by inserting after clause (i) the fol- RIGHTS ABUSERS.—The President shall in- and petroleum products from Iran to reduce lowing new clause: clude the Islamic Republic of Iran Broad- ‘‘(ii) certifying that the country with pri- significantly their purchases from Iran is in casting and the President of the Islamic Re- effect. mary jurisdiction over the foreign financial public of Iran Broadcasting, Ezzatollah institution otherwise subject to the sanc- (2) EXCEPTION FOR CERTAIN COUNTRIES.— Zargami, in the first update to the list of tions faced exceptional circumstances that (A) IN GENERAL.—Subsection (a) shall not persons complicit in, or responsible for or- prevented the country from being able to sig- apply with respect to a financial transaction dering, controlling, or otherwise directing, described in subparagraph (B) conducted or nificantly reduce its volume of crude oil pur- the commission of serious human rights chases; and’’. facilitated by a foreign financial institution abuses against citizens of Iran or their fam- SEC. 1271. STATUTE OF LIMITATIONS FOR CIVIL for if, at the time of the transaction, the ex- ily members submitted under section 105 of ception under section 1245(d)(4)(D)(i) of the ACTIONS REGARDING TERRORIST the Comprehensive Iran Sanctions, Account- ACTS. National Defense Authorization Act for Fis- ability, and Divestment Act of 2010 (22 U.S.C. cal Year 2012 (22 U.S.C. 8513a(d)(4)(D)(i)) ap- (a) IN GENERAL.—Section 2335 of title 18, 8514) after the date of the enactment of this United States Code, is amended— plies to the country with primary jurisdic- Act. tion over the foreign financial institution. (1) in subsection (a), by striking ‘‘4 years’’ SEC. 1269. IMPOSITION OF SANCTIONS WITH RE- (B) FINANCIAL TRANSACTIONS DESCRIBED.—A and inserting ‘‘10 years’’; and SPECT TO PERSONS ENGAGED IN (2) in subsection (b), by striking ‘‘4-year financial transaction conducted or facili- THE DIVERSION OF GOODS IN- tated by a foreign financial institution is de- TENDED FOR THE PEOPLE OF IRAN. period’’ and inserting ‘‘10-year period’’. scribed in this subparagraph if— (a) IN GENERAL.—Title I of the Comprehen- (b) EFFECTIVE DATE.—The amendments (i) the financial transaction is for the pur- sive Iran Sanctions, Accountability, and Di- made by this section shall apply to— chase of purchase of petroleum or petroleum vestment Act of 2010 (22 U.S.C. 8511 et seq.) is (1) proceedings under section 2333 of title products from Iran; amended by inserting after section 105B the 18, United States Code, pending in any form (ii) the financial transaction is only for following: on the date of the enactment of this Act; trade in goods or services— ‘‘SEC. 105C. IMPOSITION OF SANCTIONS WITH RE- (2) proceedings under such section com- (I) not otherwise subject to sanctions SPECT TO PERSONS ENGAGED IN menced on or after the date of the enactment under the law of the United States; and THE DIVERSION OF GOODS IN- of this Act; and (II) between the country with primary ju- TENDED FOR THE PEOPLE OF IRAN. (3) any civil action brought for recovery of risdiction over the foreign financial institu- ‘‘(a) IN GENERAL.—The President shall im- damages under such section resulting from tion and Iran; and pose sanctions described in section 105(c) acts of international terrorism that occurred (iii) any funds owed to Iran as a result of (other than sanctions relating to the impor- more than 10 years before the date of the en- such trade are credited to an account located tation of property under such section) with actment of this Act, provided that the action in the country with primary jurisdiction respect to each person on the list required by is filed not later than 6 years after the date over the foreign financial institution. subsection (b). of the enactment of this Act.

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00235 Fmt 4624 Sfmt 0634 E:\CR\FM\A12DE6.028 S12DEPT1 tjames on DSK6SPTVN1PROD with S7988 CONGRESSIONAL RECORD — SENATE December 12, 2012 SEC. 1272. REPORT ON USE OF CERTAIN IRANIAN AUTHORITY FOR COMMITTEES TO A bill (H.R. 3783) to provide a comprehen- SEAPORTS BY FOREIGN VESSELS MEET sive strategy to counter Iran’s growing hos- AND USE OF FOREIGN AIRPORTS BY tile presence and activity in the Western SANCTIONED IRANIAN AIR CAR- COMMITTEE ON THE JUDICIARY Hemisphere, and for other purposes. RIERS. Mr. DURBIN. Mr. President, I ask There being no objection, the Senate (a) IN GENERAL.—Not later than 180 days unanimous consent that the Com- proceeded to consider the bill. after the date of the enactment of this Act, mittee on the Judiciary be authorized and annually thereafter, the President shall Mr. COONS. I ask unanimous consent submit to the appropriate congressional to meet during the session of the Sen- that the Rubio amendment No. 3334 at committees a report that contains— ate, on December 12, 2012, at 10 a.m., in the desk be agreed to. (1) a list of vessels that have entered sea- room SD–226 of the Dirksen Senate Of- The PRESIDING OFFICER. Without ports in Iran controlled by the Tidewater fice Building, to conduct a hearing en- objection, it is so ordered. Middle East Company during the period titled ‘‘Judicial Nominations.’’ The amendment is as follows: specified in subsection (b) and the owners The PRESIDING OFFICER. Without (Purpose: To provide that the comprehensive and operators of those vessels; and objection, it is so ordered. (2) a list of all airports at which aircraft strategy may be submitted in classified COMMITTEE ON VETERANS’ AFFAIRS owned or controlled by an Iranian air carrier form, but shall include an unclassified on which sanctions have been imposed by the Mr. DURBIN. Mr. President, I ask summary of policy recommendations to United States have landed during the period unanimous consent that the Com- address the growing Iranian threat in the specified in subsection (b). mittee on Veterans’ Affairs be author- Western Hemisphere) On page 11, strike lines 17–19 and insert the (b) PERIOD SPECIFIED.—The period specified ized to meet during the session of the following: in this subsection is— Senate on December 12, 2012. The Com- (d) FORM.—The strategy in this section (1) in the case of the first report submitted mittees will meet in SR–418 of the Rus- may be submitted in classified form, but under subsection (a), the 180-day period pre- sell Senate Office Building, beginning shall include an unclassified summary of pol- ceding the submission of the report; and at 10 a.m. icy recommendations to address the growing (2) in the case of any subsequent report The PRESIDING OFFICER. Without Iranian threat in the Western Hemisphere. submitted under that subsection, the year preceding the submission of the report. objection, it is so ordered. Mr. COONS. I know of no further de- SUBCOMMITTEE ON THE CONSTITUTION, CIVIL (c) FORM OF REPORT.—Each report required bate on this measure and ask that the RIGHTS, AND HUMAN RIGHTS by subsection (a) shall be submitted in un- bill be read for a third time and that classified form, but may include a classified Mr. DURBIN. Mr. President, I ask the Senate proceed to a vote. annex. unanimous consent that the Com- The amendment was ordered to be mittee on the Judiciary, Sub- SEC. 1273. IMPLEMENTATION; PENALTIES. engrossed and the bill read a third committee on the Constitution, Civil time. (a) IMPLEMENTATION.—The President may Rights and Human Rights, be author- exercise all authorities provided under sec- The bill was read the third time. tions 203 and 205 of the International Emer- ized to meet during the session of the The PRESIDING OFFICER. If there gency Economic Powers Act (50 U.S.C. 1702 Senate, on December 12, 2012, at 2 p.m., is no further debate, the question is on and 1704) to carry out this subtitle. in room SH–216 of the Dirksen Senate the passage of the bill, as amended. (b) PENALTIES.—The penalties provided for Office Building, to conduct a hearing The bill (H.R. 3783), as amended, was in subsections (b) and (c) of section 206 of the entitled ‘‘Ending the School-to-Prison passed, as follows: International Emergency Economic Powers Pipeline.’’ Resolved, That the bill from the House of Act (50 U.S. C. 1705) shall apply to a person The PRESIDING OFFICER. Without Representatives (H.R. 3783) entitled ‘‘An Act that violates, attempts to violate, conspires objection, it is so ordered. to provide for a comprehensive strategy to to violate, or causes a violation of this sub- SUBCOMMITTEE ON ENERGY, NATURAL counter Iran’s growing hostile presence and title or regulations prescribed under this RESOURCES, AND INFRASTRUCTURE activity in the Western Hemisphere, and for subtitle to the same extent that such pen- Mr. DURBIN. Mr. President, I ask other purposes.’’, do pass with the following alties apply to a person that commits an un- amendment: lawful act described in section 206(a) of that unanimous consent that the Sub- On page 11, strike lines 17–19 and insert the Act. committee on Energy, Natural Re- following: sources, and Infrastructure of the Com- SEC. 1274. APPLICABILITY TO CERTAIN NATURAL (d) FORM.—The strategy in this section may GAS PROJECTS. mittee on Finance authorized to meet be submitted in classified form, but shall include an unclassified summary of policy recommenda- Nothing in this subtitle or the amend- during the session of the Senate, on December 12, 2012, at 10 a.m., in room tions to address the growing Iranian threat in ments made by this subtitle shall apply with the Western Hemisphere. respect to any activity relating to a project 215 of the Dirksen Senate Office Build- described in subsection (a) of section 603 of ing, to conduct a hearing entitled ‘‘Tax Mr. COONS. I ask unanimous consent the Iran Threat Reduction and Syria Human Reform and Federal Energy Policy: In- that the motion to reconsider be con- Rights Act of 2012 (22 U.S.C. 8783) to which centives to Promote Energy Effi- sidered made and laid on the table, the exception under that section applies at ciency.’’ with no intervening action or debate, the time of the activity. The PRESIDING OFFICER. Without and that any statements relating to SEC. 1275. RULE OF CONSTRUCTION. objection, it is so ordered. the bill be printed in the RECORD. Nothing in this subtitle or the amend- f The PRESIDING OFFICER. Without ments made by this subtitle shall be con- objection, it is so ordered. PRIVILEGES OF THE FLOOR strued to limit sanctions imposed with re- f spect to Iran under any other provision of Mr. MERKLEY. Mr. President, I ask FLOOD DISASTER PROTECTION law or to limit the authority of the Presi- unanimous consent that the Chair ACT OF 1973 CORRECTION dent to impose additional sanctions with re- grant privileges of the floor to my inspect to Iran. tern, Mark Suzuki, for the remainder Mr. COONS. Mr. President, I ask of the day. unanimous consent that the Senate SA 3334. Mr. COONS (for Mr. RUBIO) The PRESIDING OFFICER. Without proceed to S. 3677, introduced earlier proposed an amendment to the bill objection, it is so ordered. today. H.R. 3783, to provide for a comprehen- f The PRESIDING OFFICER. The sive strategy to counter Iran’s growing clerk will report the bill by title. hostile presence and activity in the COUNTERING IRAN IN THE WEST- The legislative clerk read as follows: Western Hemisphere, and for other pur- ERN HEMISPHERE ACT OF 2012 A bill (S. 3677) to make a technical correc- poses. Mr. COONS. Mr. President, I ask tion to the Flood Disaster Protection Act of unanimous consent that the Senate 1973. On page 11, strike lines 17–19 and insert the following: proceed to the immediate consider- There being no objection, the Senate ation of H.R. 3783, which was received proceeded to consider the bill. (d) FORM.—The strategy in this section may be submitted in classified form, but from the House. Mr. COONS. I ask unanimous consent shall include an unclassified summary of pol- The PRESIDING OFFICER. The that the bill be read three times and icy recommendations to address the growing clerk will report the bill by title. passed, the motion to reconsider be Iranian threat in the Western Hemisphere. The legislative clerk read as follows: laid upon the table with no intervening

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00236 Fmt 4624 Sfmt 0634 E:\CR\FM\A12DE6.028 S12DEPT1 tjames on DSK6SPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — SENATE S7989 action or debate, and that any state- Chang Buddha III for the outstanding con- Whereas the groundbreaking discoveries ments relating to the bill be printed in tributions of H.H. Dorje Chang Buddha III to made by Robert J. Lefkowitz, M.D., and the RECORD. the arts, medicine, ethics, Buddhism, spir- Brian K. Kobilka, M.D., have made it pos- The PRESIDING OFFICER. Without itual leadership, and United States society; sible to target and treat diseases more pre- and cisely and effectively, as nearly half of all objection, it is so ordered. Whereas in 2010, the World Peace Prize medicines used in the world are aimed at G- The bill (S. 3677) was ordered to be Awarding Council also recognized the Honor- protein-coupled receptors; engrossed for a third reading, was read able Benjamin A. Gilman for being a life- Whereas the National Institutes of Health the third time, and passed, as follows: long champion of human rights who has supported the work done by Robert J. S. 3677 fought world hunger, narcotics abuse, and Lefkowitz, M.D., and Brian K. Kobilka, M.D., narcotics trafficking: Now, therefore, be it through research grants with the goal of ad- Be it enacted by the Senate and House of Resolved, That the Senate— vancing scientific knowledge and improving Representatives of the United States of America (1) commends the World Peace Corps Mis- public health; and in Congress assembled, sion for advancing peace, justice, and inter- Whereas the accomplishments and discov- SECTION 1. TECHNICAL CORRECTION. religious collaborations; and eries of Robert J. Lefkowitz, M.D., and Brian Section 102(d)(1)(A) of the Flood Disaster (2) celebrates the World Peace Award and K. Kobilka, M.D., are significant achieve- Protection Act of 1973 (42 U.S.C. the recipients of the World Peace Award. ments in the field of scientific and medical 4012a(d)(1)(A)) is amended by inserting ‘‘resi- f research and further promote the United dential’’ before ‘‘improved real estate’’ each States as a world leader in science: Now, place that term appears. CONGRATULATING THE RECIPI- therefore, be it ENTS OF THE 2012 NOBEL PEACE f Resolved, That the Senate— PRIZE IN CHEMISTRY CELEBRATING THE WORLD PEACE (1) congratulates the recipients of the 2012 CORPS MISSION AND THE WORLD Mr. COONS. Mr. President, I ask Nobel Prize in Chemistry, which is awarded PEACE PRIZE unanimous consent that the Senate for their outstanding scientific achievements now proceed to the consideration of S. and discoveries; and Mr. COONS. Mr. President, I ask Res. 615, which was submitted earlier (2) recognizes Duke University Medical unanimous consent that the Senate today. Center in Durham, North Carolina, and the proceed to the consideration of S. Res. The PRESIDING OFFICER. The Stanford University School of Medicine in 614, submitted earlier today. Stanford, California for their leadership role clerk will report the resolution by in advancing medical research. The PRESIDING OFFICER. The title. clerk will report the resolution by The legislative clerk read as follows: Mr. COONS. Mr. President, I suggest title. A resolution (S. Res. 615) congratulating the absence of a quorum. The legislative clerk read as follows: the recipients of the 2012 Nobel Prize in The PRESIDING OFFICER. The A resolution (S. Res. 614) celebrating the Chemistry. clerk will call the roll. World Peace Corps Mission and the World There being no objection, the Senate The legislative clerk proceeded to Peace Prize. proceeded to the resolution. There being no objection, the Senate Mr. COONS. Mr. President, I ask call the roll. proceeded to the resolution. unanimous consent that the resolution Mr. COONS. Mr. President, I ask Mr. COONS. I ask unanimous consent be agreed to, the preamble be agreed unanimous consent the order for the that the resolution be agreed to, the to, and that the motions to reconsider quorum call be rescinded. preamble be agreed to, the motions to be laid upon the table. The PRESIDING OFFICER. Without reconsider be laid upon the table, with The PRESIDING OFFICER. Without objection, it is so ordered. no intervening action or debate, and objection, it is so ordered. The resolution (S. Res. 615) was that any related statements be printed f in the RECORD. agreed to. The PRESIDING OFFICER. Without The preamble was agreed to. objection, it is so ordered. The resolution, with its preamble, UNANIMOUS CONSENT The resolution (S. Res. 614) was reads as follows: AGREEMENT—S. 3637 S. RES. 615 agreed to. Mr. COONS. Mr. President, I ask The preamble was agreed to. Whereas the Nobel Prize is an international award administered by the Nobel unanimous consent that at 11:30 a.m., The resolution, with its preamble, Thursday, December 13, the Senate re- reads as follows: Foundation in Stockholm, Sweden; Whereas the Nobel Prize has been awarded sume consideration of S. 3637, the FDIC S. RES. 614 for outstanding achievements in physics, TAG Program extension bill; that it be Whereas the World Peace Corps Mission is chemistry, physiology or medicine, lit- in order for the Republican leader or an international organization that operates erature, and peace since 1901; his designee to raise a budget point of according to the core spirit of advancing Whereas the Nobel Prize in Chemistry is order against the bill; that if a point of peace, justice, and inter-religious collabora- awarded by the Royal Swedish Academy of order is so raised, the majority leader tions; Sciences in Stockholm, Sweden to recognize Whereas the World Peace Prize is a pres- scientific advancements that have increased or his designee be recognized to move tigious award presented by the World Peace our understanding of chemical processes and to waive the point of order; that the Corps Mission that celebrates individuals their molecular basis; time until 12 noon be equally divided who have contributed tremendously to peace Whereas the 2012 Nobel Prize in Chemistry between the two leaders or their des- and enlightenment for humanity; is awarded jointly to Robert J. Lefkowitz, ignees; that at 12 noon the Senate vote Whereas past recipients of the World Peace M.D., a Howard Hughes Medical Institute in- on the motion to waive the budget Prize include President Ronald Reagan of vestigator and James B. Duke Professor of point of order, if such a motion is the United States, President Abdurrahman Medicine and Biochemistry at Duke Univer- made; that if the motion is successful, Wahid of Indonesia, and President Nakamura sity Medical Center in Durham, North Caro- of Palau; lina, and Brian K. Kobilka, M.D., Professor the Senate then proceed to the vote on Whereas in 2010, the World Peace Prize and Chair of Molecular and Cellular Physi- the motion to invoke cloture on S. Awarding Council recognized His Holiness ology at the Stanford University School of 3637; further, that if the motion to Dorje Chang Buddha III (referred to in this Medicine in Stanford, California, for their waive is not successful, the cloture mo- preamble as ‘‘H.H. Dorje Change Buddha studies on G-protein-coupled receptors; tion be vitiated and the majority lead- III’’) for his devotion to an immensely wide Whereas G-protein-coupled receptors are a er be recognized. scope of humanitarian activities directed at class of cell surface receptors that catch individuals from different communities chemical signals from the outside and trans- Finally, if a budget point of order is throughout the world; mit their messages into the cell, providing not raised, the time until 12 noon be Whereas H.H. Dorje Chang Buddha III has the cell with information about changes oc- equally divided between the two lead- received numerous awards, including the curring within the body; ers or their designees; that at 12 noon United States Presidential Gold Award, Whereas the studies completed by Robert the Senate proceed to vote on the mo- which the Chairman of the President’s Advi- J. Lefkowitz, M.D., and Brian K. Kobilka, tion to invoke cloture on S. 3637. sory Commission on Asian Americans and M.D., have significantly advanced our sci- Pacific Islanders presented on behalf of entific understanding of G-protein-coupled The PRESIDING OFFICER. Without President George W. Bush to H.H. Dorje receptors and their functions; objection, it is so ordered.

VerDate Mar 15 2010 05:17 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00237 Fmt 4624 Sfmt 0634 E:\CR\FM\G12DE6.090 S12DEPT1 tjames on DSK6SPTVN1PROD with S7990 CONGRESSIONAL RECORD — SENATE December 12, 2012 ORDERS FOR THURSDAY, minutes each, with the first hour PROGRAM DECEMBER 13, 2012 equally divided and controlled between Mr. COONS. Mr. President, there will Mr. COONS. Mr. President, I ask the two leaders or their designees, with be up to two rollcall votes at noon to- unanimous consent that when the Sen- the Republicans controlling the first morrow. ate completes its business today, it ad- half and the majority controlling the f journ until 9:30 a.m. on Thursday, De- final half; and that following morning cember 13, 2012; that following the business, the Senate then resume con- ADJOURNMENT UNTIL 9:30 A.M. prayer and Pledge of Allegiance, the sideration of S. 3637, the FDIC TAG ex- TOMORROW Journal of proceedings be approved to date, the morning hour be deemed extension legislation, under the previous Mr. COONS. If there is no further pired and the time for the two leaders order; finally, that the filing deadline business to come before the Senate, I be reserved for their use later in the for all second-degree amendments to S. ask unanimous consent the Senate ad- day; that following any leader re- 3637 be 10:30 a.m. on Thursday. journ under the previous order. marks, the Senate be in a period of The PRESIDING OFFICER. Without There being no objection, the Senate, morning business, with Senators per- objection, it is so ordered. at 6:57 p.m., adjourned until Thursday, mitted to speak therein for up to 10 December 13, 2012, at 9:30 a.m.

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IN RECOGNITION OF CAPE COD affectionately known as Pauline. My family Richard Blumenthal and Congresswoman COMMUNITY COLLEGE AND was deeply touched by the outpouring of the Rosa DeLauro were among the hundreds at- TURNING MILL ENERGY community. It was a great tribute to my moth- tending a Mass presided over by four priests from the local and state diocese. er’s lifetime commitment to her community. Her daughters read a touching poem that, HON. WILLIAM R. KEATING Several kind statements of appreciation were they said, reminded them of their mother. Congressman Larson reflected on the influ- OF MASSACHUSETTS made by elected officials—from the President of the United States to the Governor of our ence his mother and father had and their IN THE HOUSE OF REPRESENTATIVES state; from Senators to House Leaders in love for one another, reunited at last. Ray- Wednesday, December 12, 2012 mond Larson died 24 years earlier. Congress and members of the Connecticut ‘‘The first thing my father would say Mr. KEATING. Mr. Speaker, I rise today to General Assembly. It was, however, two arti- would be ‘you’re late’, said the Congressman. recognize Cape Cod Community College and cles—one by Tom Condon of The Hartford He thanked the many people for their pa- Turning Mill Energy, Inc., as they enter into a Courant, the other by Bill Doak of our home- tience at the funeral home and those who unique partnership furthering green energy ini- town paper, The East Hartford Gazette, that made a difference, caring for his mother dur- tiatives on Cape Cod. captured the sentiment, feeling and apprecia- ing the later years of her life as she battled Turning Mill Energy is a locally-owned small tion of an everyday mom who gave to her Multiple Sclerosis and dementia. In par- community and set an example to emulate. ticular he thanked his brother, David, who business that focuses on research and devel- served as his mother’s companion and care- opment in the renewable energy field. Having The following are those two articles: giver at the family home on Chandler Street expanded from its roots as a telecommuni- [The Hartford Courant, Oct. 12, 2012] until the decision was made to care for her cations company, Turning Mill Energy has be- EAST HARTFORD MOTHER LEFT LEGACY OF at Riverside Healthcare Center. come an exemplar of a successful Cape Cod INVOLVEMENT AND ACTION ‘‘Why,’ my sisters would ask, does she have small business, employing only local Massa- (By Tom Condon) to go through all this? Why does she have to chusetts citizens. After taking notice of Turning suffer so?’ The answer always came back Democracy works because good people give from her caregivers, ‘Why? She’s here to be Mill Energy’s success, Dr. John Cox, president their time and get involved. At the munic- with us.’’ of Cape Cod Community College, proposed a ipal level, few epitomized the ethic of par- Lois Pauline Nolan Larson died peacefully unique collaboration into which, he believed, ticipation quite like Lois Pauline Nolan Lar- on October 10, 2012 at Riverside Health and the College and the company should enter. son of East Hartford, who died this week at Rehabilitation Center in East Hartford, sur- Under this proposal, Turning Mill Energy 87. rounded by her loving family. For decades starting in the 1960s, Mrs. Lar- Born on April 9, 1925 to the late L. Edward would be given space to continue their re- son, known to all as Pauline, served the town search and development with students, as well and Carrie Mae (Douglas) Nolan, she was in most of the ways it is possible to serve. raised in East Hartford where she was a as the opportunity to design, install, and test She was a member of the town council and member of the East Hartford High School new solar carports on the Cape Cod campus. the Democratic town committee, on which Class of 1942 and the National Honor Society. In return, the College would see approximately she served as vice chairwoman and treasurer. In 1945, she married her high school sweet- a 20% reduction in its electricity expenses fol- She served on the town’s parks and visiting heart, Raymond E. ‘‘Archie’’ Larson, who lowing the completion of these solar carports. nurse association boards and the cemetery predeceased her in 1988. The College and Turning Mill Energy will be commission. The community center in the She worked during WWII at Pratt & Whit- Mayberry Village neighborhood where she officially unveiling these new solar carports to- ney then worked part time at the Travelers lived is named in her honor. and various other jobs while her children gether this December. She volunteered her time while she and her were young, then full time at several compa- It is truly inspiring to see an educational in- husband were raising eight children, and nies including Thomas E. Toomey and the stitution collaborate with a private enterprise in while she was battling multiple sclerosis. State Capitol. In addition to her family, she order to advance the cause of renewable en- She inspired two of her children to go into loved her community and the Democratic ergy. Finding cleaner sources of energy public life. Her son Timothy Larson was Party. should be a national priority, and I am proud mayor of East Hartford for eight years and is She was very active in many civic and that such important strides are being made on now a state representative. Her son John community organizations, including the Larson is the seven-term U.S. representative Board of the East Hartford Visiting Nurses Cape Cod. from the 1st District. and the Mayberry Village Revitalization As- Mr. Speaker, please join me in recognizing John Larson spoke of his mother’s battle sociation. Cape Cod Community College and Turning with declining health in a televised speech at She served for many years on the Federa- Mill Energy, Inc., as they work together to sup- the recent Democratic National Convention, tion of Democratic Women and the Demo- port research and development of alternative and how she wanted not to be a burden to her cratic Town Committee, including as Vice sources of energy. I ask that my colleagues family. ‘‘Mom, you’re not a burden,’’ Larson Chair. Pauline was among the first women join me in thanking the College and the com- told the convention crowd. ‘‘You’re an inspi- elected to the East Hartford Town Council. ration.’’ While she always felt others were more de- pany for supporting such an important re- Many in East Hartford nodded. serving, Pauline received countless awards search initiative, and in congratulating them and honors for her community service, in- upon the official unveiling of their hard work [From The Gazette, Oct. 18, 2012] cluding the naming of the Lois Nolan Larson this December. LOIS ‘‘PAULINE’’ NOLAN LARSON: FAMILY, Community Center in her beloved Mayberry f POLITICS AND MAYBERRY WERE HER LIFE Village. Pauline’s greatest attribute was the love she gave not just to her family, but to IN HONOR OF LOIS NOLAN (By Bill Doak) everyone she came in contact with. She ‘‘PAULINE’’ LARSON Lois Nolan ‘‘Pauline’’ Larson, one of the made everyone feel as though they were the stalwart mothers of Mayberry Village and an most important person to her and nothing influential leader in East Hartford political mattered more to her than what mattered to HON. JOHN B. LARSON circles, passed away Wednesday, October 10 them. Her caring spirit was a gift to her chil- OF CONNECTICUT with her family by her side. dren and their friends, who were always wel- IN THE HOUSE OF REPRESENTATIVES She is the mother of United States Con- come at the ‘‘brick mansion’’ at 10 Chandler. gressman John Larson, and former mayor Pauline was predeceased by her sister, El- Wednesday, December 12, 2012 and State Representative Timothy D. Larson eanor Nolan Elton. Mr. LARSON of Connecticut. Mr. Speaker, of the 11th Assembly District. She leaves behind her eight children and Sunday night a line of mourners waited for their spouses: Sharon and Kenneth Fitz- Thoreau famously said most men lead lives of up to three hours outside D’Esopo’s East gerald, John and Leslie Larson, Daniel and quiet desperation. My mother led a life of quiet Hartford Chapel on Carter Street. Monday Dorothy Larson, Christopher and Eileen Lar- inspiration. Thousands gave witness to that for Pauline Larson’s funeral in St. Isaac son, Linnea and Edward Bennell, David Lar- and stood in line for more than three hours to Jogues Church Connecticut Governor Dannel son, Marylou and Raymond Onidi and Tim- pay their final respects to Lois Nolan Larson, Malloy, US Senators Joseph Lieberman and othy and Nancy Larson; 18 grandchildren:

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

VerDate Mar 15 2010 05:16 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\K12DE8.001 E12DEPT1 pwalker on DSK7TPTVN1PROD with E1910 CONGRESSIONAL RECORD — Extensions of Remarks December 12, 2012 Maura Downes and Tim, Sean Fitzgerald, including the American Red Cross of the Na- Mr. Speaker, it is a privilege to rise today to Megan Hurlburt and Tyler, Carolyn, Laura tional Capital Region, the Greater Washington honor the memory of Mike Tyner. Mike gave and Raymond Larson, Eric Larson and Sue, Board of Trade, the American Planning Asso- his life to help endangered species flourish, Glenn, Jeffrey and Deborah Larson, ciation, the International City/County Manage- Samantha Jeter, and Jon, Cori Larson, Joe and his life is a reminder that we can all play Bennell and Natasha, Chaim Bennell, Gina ment Association, and the Washington Region a part in devoting ourselves to making the and Nickolas Onidi, and Matthew and for Justice and Inclusion. world a healthier and more beautiful place. Arianna Larson; and 11 adored great-grand- Prior to his tenure with COG, Dave worked f children; she also leaves an niece, Candace for the National Association of Home Builders Bryan, and nephew Brian Elton; and several and former member of Congress David Bonior HONORING SENIOR MASTER SER- cousins and extended family members. of Michigan. He received a Master of Urban GEANT BRIAN FORSYTHE FOR Pauline’s family extends a very special Planning degree from George Washington HIS SERVICE TO OUR GREAT NA- thanks to Dr. Roy Zagieboylo, Karen University, and also holds a Bachelor’s degree TION Chadderton and the entire staff at Riverside from Wayne State University in Detroit, Michi- who took such loving care of her, especially Delanney, Kathy, Charmaine, Janet, and gan. HON. CLIFF STEARNS Maria and many other who treated her with Mr. Speaker, I ask my colleagues to join me OF FLORIDA in congratulating Dave Robertson on his many compassion and dignity. IN THE HOUSE OF REPRESENTATIVES accomplishments and thanking him for his tre- f mendous service to the Council of Govern- Wednesday, December 12, 2012 RECOGNIZING DAVE ROBERTSON ments and the National Capital Region. Mr. STEARNS. Mr. Speaker, I rise today to ON HIS RETIREMENT FROM THE Thanks to Dave’s leadership, we spent more recognize United States Air Force Senior Mas- METROPOLITAN WASHINGTON time focusing on those challenges that unite, ter Sergeant Brian Forsythe for his service to COUNCIL OF GOVERNMENTS rather than divide us, and that continues to our great nation. A resident of Florida, SMSgt serve as a lesson for us all to follow. We wish Forsythe has honorably served for 21 years HON. GERALD E. CONNOLLY Dave the best of luck in his future endeavors. and will be retiring in January of 2013. His OF VIRGINIA f contributions ensure the greatest Air Force in IN THE HOUSE OF REPRESENTATIVES IN HONOR OF MIKE TYNER the world completes their mission statement to fly, fight, and win. . .in air, space, and cyber Wednesday, December 12, 2012 space through the mastery of various positions Mr. CONNOLLY of Virginia. Mr. Speaker, I HON. SAM FARR including: Wing Functional Manager, Com- OF CALIFORNIA rise to recognize and commend David J. Rob- mand Group Superintendent, and Infrastruc- IN THE HOUSE OF REPRESENTATIVES ertson on the occasion of his retirement from ture Section Chief. SMSgt Forsythe graduated the Metropolitan Washington Council of Gov- Wednesday, December 12, 2012 from the Air Force Airmen Leadership School, ernments, where he has served with distinc- Mr. FARR. Mr. Speaker, I rise today to Air Force Senior Noncommissioned Officer tion for the past 26 years, culminating in his honor the memory of Mike Tyner, a remark- Academy, and Southwestern College, among appointment as executive director a decade able young man who died tragically last year. others. ago. Mike was a field crew leader for the Ventana In his 21 years of dedicated service, SMSgt The Council of Governments functions as Wildlife Society’s California Condor Reintro- Forsythe has displayed both patriotism and the Metropolitan Planning Organization for the duction Program. During a powerful wind bravery through his successful deployments in National Capital Region, and it is comprised of storm on November 30th, 2011, a falling tree Operations Southern Watch, Northern Watch, 21 regional governments representing Virginia, branch struck and killed Mike when he was in Iraqi Freedom, and Enduring Freedom. As a Maryland and the District of Columbia. COG the field in Big Sur, California, to ensure the selfless mentor, he has inspired numerous US and its leadership play a key role in coordi- safety of a newly released endangered con- and Allied Airmen earning recognition for indi- nating the regional response on issues rang- dor. He was just 35 years old. vidual accomplishments. ing from Chesapeake Bay preservation to af- Mike graduated from California Polytechnic His life is a living testament to the courage fordable housing and from homeland security University San Luis Obispo with a Bachelor of and duty our men and women in the armed to transportation planning. Those activities are Science degree in Ecology and Systematic Bi- forces possess, so that freedom and liberty financed by the member jurisdictions, federal ology. He lived a life of accomplishment, serv- may endure. On behalf of Florida’s Sixth Con- and state grants, and private sector funds. ing as a research assistant at Cal Poly San gressional District, I extend my congratulations Dave has been a mainstay at COG, where Luis Obispo and a volunteer for the USDA to SMSgt Brian Forsythe on his retirement he began as a regional planner in 1986. Forest Service. He joined the Ventana Wildlife from the United States Air Force. Throughout his tenure, Dave has held a series Society in 2002, studying songbirds along the f of roles, both technical and managerial, and Carmel River and conducting surveys for prior to being named executive director, he Spotted Owls in the Big Sur backcountry. He CELEBRATING THE LIFE OF AL- was head of COG’s Department of Human also achieved success in his work as an orni- BERT B. RATNER ON THE OCCA- Services, Planning and Public Safety. In a re- thologist, botanist, and a desert biological SION OF HIS 85TH BIRTHDAY gion with overlapping local, state, and federal monitor. interests and competition, Dave has proven In 2006, Mike began working full-time on HON. MARCY KAPTUR adept at keeping the organization’s staff and Ventana Wildlife Society’s California Condor OF OHIO membership focused on the mission of ad- Recovery program. He quickly rose to the po- IN THE HOUSE OF REPRESENTATIVES dressing our shared challenges to improve the sition of field crew leader. Mike was dedicated Wednesday, December 12, 2012 lives of our collective constituents. to protecting condors, even in the most chal- It was my great pleasure to serve on the lenging conditions. During the 2008 Big Sur Ms. KAPTUR. Mr. Speaker, I rise to recog- GOC board of directors while I was a member wildfire, Mike and his team safely rescued nize Mr. Albert Ratner of Cleveland, Ohio. Mr. of the Fairfax County Board of Supervisors. I seven captive condors that were held in a field Ratner celebrates his 85th birthday on Decem- also chaired the COG board in 2000 and col- pen in the fire’s path. Thanks in large part to ber 27 of this year. In celebration of this mile- laborated with Dave on a number of projects, Mike’s efforts, all biologists and condors were stone, his family and friends are honoring him including my initiative to increase telework brought to safety. Releasing a young condor on December 26, 2012. among the regional governments. In addition, into the wild was not only Mike’s last act of Albert Ratner was born in 1927 in Cleve- I chaired COG’s Emergency Preparedness service to our earth community, but it was an land, Ohio. He graduated from Cleveland Council, where Dave was instrumental in co- act that captured the essence of Mike’s leg- Heights High School in 1946 and from Michi- ordinating response and preparedness efforts acy. gan State University in 1951. Due to his ex- not only among the local governments, but Mike is survived by his loving mother, tensive civic, philanthropic and business his- also with the states and the federal govern- Nancy Ann Tyner; three sisters, Theresa Ann tory, Albert Ratner also holds an Honorary ment, which is no small task as each major Guire, Mary Cynthia Clayton, and Kathleen Doctor of Laws Degree from Long Island Uni- weather incident or natural disaster reminds Julie Morgan; two brothers, Timothy Gordon versity and an Honorary Doctor of Engineering us. Skeens and John Eric Skeens; and his many Degree from Polytechnic University, both in In addition to his role at COG, Dave also nieces and nephews. He was preceded in Brooklyn, New York. He served in the United served on a number of regional organizations, death by his father, Jack Lue Tyner. State Army. Together, he and his wife Faye

VerDate Mar 15 2010 05:16 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K12DE8.002 E12DEPT1 pwalker on DSK7TPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1911 raised two children, Deborah and Brian. The one area where Mary’s enthusiasm for programs to address workers’ compensation Though Faye passed, he and his wife Audrey the Troy community has been so poignantly and automobile insurance fraud, domestic vio- have been married since 1980. felt is in her work with young people. Mary has lence, major narcotics, sexual assault and Al developed Forest City Enterprises, Inc. served in a variety of positions both volunteer child abuse, welfare fraud, auto theft, gang vi- into a cornerstone company and currently and elected within the Troy Public Schools. olence and child abduction, among others. He serves as Co-Chairman of the Board Emer- She dedicated personal time to being a men- created the state’s first Rural Crime Program, itus. He has guided his company throughout tor to youth, served as President of the PTA designed to protect the agricultural industry, the decades to become a respected and well- at Hamilton Elementary and served on the and developed other programs addressing known corporation. At the same time, Al has PTA President’s Council as its Parliamen- consumer fraud, career criminal prosecution, served on more than two dozen boards and tarian. As a twice-elected Troy School Board victim’s services, elder abuse prosecution and commissions, where his leadership is leg- member, she brought the knowledge of her the safe neighborhoods program. Mr. Cline endary. experiences and pragmatic problem-solving and his staff also implemented programs de- His philanthropy, civic-mindedness and busi- approach to improving the educational experi- signed to strike at the root causes of crime. ness acumen have earned Al Ratner numer- ence of the District’s students. These included a program to reduce teen ous accolades. Some of these include Down- Mary later brought this same approach to pregnancy, which received statewide recogni- town Cleveland Recognition Away, Builders’ Troy citizens while serving on the Troy City tion, as well as a Veterans’ Court to address Magazine 20th Gold Nugget Award, the Council. During her four-year term, she served the needs of combat veterans. Charles Eisenman Award, the U.S. Depart- as Mayor Pro-Tern and as President of the Mr. Cline is a member of many professional ment of HUD’s Agora Award, Harvard Busi- Michigan Municipal League’s Elected Officials and philanthropic organizations. He is past ness Club of Cleveland’s Business Statesman Academy, a program which helped local elect- president of the Tulare County Bar Association of the Year, Financial World Magazine’s CEO ed officials improve and perfect their leader- and is an active member of the California and of the Year and Bronze Medal, Cleveland ship skills to better serve the communities National District Attorney’s Associations. He is Business Hall of Fame, Urban Land Institute’s they represent. the only District Attorney ever elected presi- J.C. Nichols Prize for Visionaries in Urban De- Today, Mary continues to be an active par- dent of the Tulare County Police Chiefs’ Asso- velopment, and Michigan State University’s ticipant in the Troy community and the broader ciation. Mr. Cline has also served on the Distinguished Alumni Award. Southeast Michigan region. In her professional boards of the HEART after-school program I have been privileged to work with Al capacity, she serves as the Development and and the Tulare County Library Foundation, Ratner on several initiatives and have appre- Special Events Director for the Boys and Girls among others. He has been active in Pro ciated his wise counsel. He epitomizes ‘‘a life Club of Troy, which is actively engaging youth Youth Walk Run, the Justice Run and the an- well-lived.’’ He is a corporate and community to identify and develop the skills of future lead- nual Victims of Homicide Memorial Quilt Cere- leader with boundless energy who has made ers. This is a pursuit that Mary also supports mony. an indelible contribution to the greater Cleve- through her work at the University of Michi- Please join Congressman MCCARTHY and land community. Not known to mince words, gan-Dearborn Institute for Local Government, me in congratulating Mr. Phillip James Cline his insights, advice and counsel are sought which is helping the future elected leaders of on his retirement from his position as District broadly. He is always willing to assist, to lead our region to hone their abilities. Attorney of Tulare County. and to care. I join his family and friends, his Mr. Speaker, our local leaders are an inte- f employees and the residents of Cleveland in gral part of the fabric of our Nation, and this wishing Al Ratner the happiest of birthdays, is witnessed by the passion Mary has injected HONORING MR. CHUCK BANKSTON with a wish for many more. Onward! not only into building a stronger community in f Troy, but also ensuring that we are working to HON. LYNN A. WESTMORELAND RECOGNIZING THE HONORABLE build a brighter future with more opportunity OF GEORGIA MARY KERWIN’S LEADERSHIP IN for future generations. It is again a great honor IN THE HOUSE OF REPRESENTATIVES THE COMMUNITY OF TROY, to congratulate her on her award as Leader- Wednesday, December 12, 2012 MICHIGAN ship Troy’s Distinguished Citizen of 2012. I know that Mary’s passion will continue to be a Mr. WESTMORELAND. Mr. Speaker, I HON. GARY C. PETERS driving force in her work within the Troy and come to you today to honor Mr. Chuck the Southeast Michigan communities to build a Bankston. Chuck has been elected to chair OF MICHIGAN the National Lumber and Building Material IN THE HOUSE OF REPRESENTATIVES stronger and more secure future for the region. Dealers Association. Wednesday, December 12, 2012 Chuck has proven himself to be the man for f Mr. PETERS. Mr. Speaker, I rise today to the job over the years. A native of Barnesville, honor Mary Kerwin, my friend and a leader in TRIBUTE TO PHILLIP JAMES GA, Chuck attended Georgia Southern and the community of Troy, Michigan. This year, CLINE graduated with a degree in marketing. He then Mary has been recognized as Leadership became the fourth generation owner and Troy’s Distinguished Citizen of 2012. HON. DEVIN NUNES president of his family business, Bankston Each year, Leadership Troy recognizes a OF CALIFORNIA Lumber. Under Chuck’s leadership, Bankston single community member as its Distinguished IN THE HOUSE OF REPRESENTATIVES Lumber is debt-free and has remained profit- Citizen for their volunteer contributions to Troy able every year in spite of these tough eco- that have gone above and beyond the require- Wednesday, December 12, 2012 nomic times. Chuck believes in enjoying life ments of their employment, improving the Mr. NUNES. Mr. Speaker, alongside my col- and his work, so much so that he has a sign quality-of-life in Troy. Mary, with her twenty- league, Congressman KEVIN MCCARTHY, we in his warehouse that reads: ‘‘If you’re not four years of service in both the non-profit and rise today to honor Phillip James Cline, District having fun, you’re fired.’’ public sectors of Troy, has on countless occa- Attorney of Tulare County, on the occasion of Prior to his recent nomination, Chuck served sions demonstrated courage and leadership his retirement. as the chair of the Construction Suppliers As- that has moved her community forward. Mr. Cline is a Tulare County native, having sociation, as well as the Georgia Senate Lien Mary’s passion for building a stronger, more graduated from Exeter Union High School, Law Advisory Committee. Having owned my vibrant and better connected community has College of the Sequoias, California State Uni- own construction business, the work Chuck been a guiding force that has permeated versity Fresno, and San Joaquin College of has done to protect and represent the inter- every facet of her life. It is seen in her volun- Law. He also served in the United States Air ests of independent building dealers through- teer work for countless community organiza- Force as a Staff Sergeant. out Georgia and Alabama is not only appre- tion like the Troy Community Coalition, The After joining the bar and working briefly in ciated, but well respected. In 2008, he was Friends of the Troy Library, the League of private practice, Mr. Cline joined the District honored with the National Lumber and Build- Women Voters and the Troy Historical Soci- Attorney’s Office in 1978. He served as a ing Material Dealers Association’s Grassroots ety. Mary’s passion has also reached into the prosecutor for more than 30 years, special- Dealer of the Year Award for his participation community of her Parish at St. Elizabeth Ann izing in homicide cases and winning numerous in legislative matters. Seton Church where she serves as a Lector, high-profile death penalty cases. Having visited Bankston Lumber and seen Eucharistic Minister and part of its Women’s In 1992, Mr. Cline began serving as District its operations, I know that Chuck will put the Fellowship program. Attorney. Re-elected three times, he initiated same amount of dedication, passion, and hard

VerDate Mar 15 2010 05:16 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A12DE8.001 E12DEPT1 pwalker on DSK7TPTVN1PROD with E1912 CONGRESSIONAL RECORD — Extensions of Remarks December 12, 2012 work into this position as he has his family’s CELEBRATING THE LIFE OF HAR- education and attended City College of New business. I am honored to help celebrate my LEM’S COMMUNITY LEADER York. She truly believed in education and was friend Chuck’s appointment as chair, and Joan DOROTHY MAE SKINNER employed by the NYC Department of Edu- and I wish him the very best as he leads the cation for a number of years, nurturing and National Lumber and Building Material Dealer HON. CHARLES B. RANGEL caring for many young lives, until her retire- Association to great things. OF NEW YORK ment at age 65. Many years later, as she IN THE HOUSE OF REPRESENTATIVES would often sit on her stoop, former students, f now grown, would stop by and chat with her. Wednesday, December 12, 2012 Dorothy was very involved in the Mt Pisgah TRIBUTE TO PHILLIP JAMES Mr. RANGEL. Mr. Speaker, I rise today to Baptist Church where she served for several CLINE celebrate the life of Harlem’s community lead- years as Deaconess. She was known to many er Dorothy Mae Skinner, who passed away on as Mrs. Skinner, Dorothy, Grandma, or Grand- Monday, November 26, 2012. I first met Doro- ma Dee. Dorothy enjoyed scratchoff and HON. KEVIN McCARTHY thy in my early years in the U.S. House of sometimes made a pretty penny too, which Representatives in her role as a community kept her scratching. OF CALIFORNIA activist, concerned resident, and devoted par- Mr. Speaker, great women like our beloved Dorothy are precious gifts we temporarily have IN THE HOUSE OF REPRESENTATIVES ent. Dorothy was very engaged in the war on in this world, but their assistance, contributions Wednesday, December 12, 2012 drugs in the 1970’s and 1980’s and became and accomplishments are far remembered and active with the New York City Police Depart- everlasting. I ask you, my colleagues, to join Mr. MCCARTHY of California. Mr. Speaker, ment 30th and 32nd Precincts and community me in celebrating the life of Dorothy Mae Skin- alongside my colleague, Congressman DEVIN councils. Dorothy was both friend and foe of ner. NUNES, we rise today to honor Phillip James the neighborhood drug dealers, for they all f Cline, District Attorney of Tulare County, on loved her but knew she was leading the fight HONORING THE LIFE OF RICHARD the occasion of his retirement. against them, a fight she handily won. As D. RUPPERT, MD Mr. Cline is a Tulare County native, having President of the Block Association, she orga- graduated from Exeter Union High School, nized block parties, jazz mobiles, Halloween HON. MARCY KAPTUR College of the Sequoias, California State Uni- parties in Hamilton Park, and coordinated activities with the Police Athletic League (PAL). OF OHIO versity Fresno, and San Joaquin College of Dorothy Mae Skinner joined the Board of Di- IN THE HOUSE OF REPRESENTATIVES Law. He also served in the United States Air rectors of the West Harlem Group Assistance, Wednesday, December 12, 2012 Force as a Staff Sergeant. Inc., one of Harlem’s oldest and largest com- Ms. KAPTUR. Mr. Speaker, I rise today to After joining the bar and working briefly in munity based development organizations, pay tribute to a remarkable human being, Dr. private practice, Mr. Cline joined the District which was established more than 30 years Richard Ruppert. Dr. Ruppert unexpectedly Attorney’s Office in 1978. He served as a ago to revitalize the under-invested West and passed from this life on October 22, 2012. Dr. prosecutor for more than 30 years, special- Central Harlem communities—riddled with di- Ruppert was a friend and advisor to many, in- izing in homicide cases and winning numerous lapidated and abandoned buildings. cluding me, and we were indeed privileged to high-profile death penalty cases. Dorothy served as Chairperson of West have known him. Harlem Group Assistance Board of Directors Born in Rural Ohio 81 years ago, Richard In 1992, Mr. Cline began serving as District for over 20 years and served as the Secretary Ruppert worked in the family farm for five Attorney. Re-elected three times, he initiated until her passing. She helped guide the vision years after he graduated from high school. He programs to address workers’ compensation of WHGA to recreate a community in which all then went on to Ohio State University, where and automobile insurance fraud, domestic vio- responsible residents, community-based orga- he received his undergraduate and medical lence, major narcotics, sexual assault and nizations, and other stakeholders are mobi- degrees. While at Ohio State University, he child abuse, welfare fraud, auto theft, gang vi- lized and firmly committed to working together met and married his wife, Elizabeth Ruppert, olence and child abduction, among others. He willingly and cooperatively. This ensured that MD. created the state’s first Rural Crime Program, Harlem was positioned to enter the 21st cen- Following his residency, Dr. Ruppert re- designed to protect the agricultural industry, tury as a safe, socially stable, healthy, eco- turned to OSU, where he was professor of and developed other programs addressing nomically sound, well-educated and informed, gastroenterology in the Department of Medi- consumer fraud, career criminal prosecution, and politically strong community. cine for nine years. He was named assistant victim’s services, elder abuse prosecution and Dorothy Mae Skinner was born on June 22, dean of the College of Medicine in 1970, add- the safe neighborhoods program. Mr. Cline 1926, to the late Herman and Gladys Harris. ing medical director for patient services two and his staff also implemented programs de- She was the eldest of 12 children born to that years later. He was named vice chancellor for signed to strike at the root causes of crime. union. With that size family, Dorothy grew up health affairs at the Ohio Board of Regents in These included a program to reduce teen with a great sense of family values, which 1974, and in 1977 Dr. Ruppert became the pregnancy, which received statewide recogni- continued with her own family. Dorothy met third president of the Medical College of Ohio. During his 16 year term, the Medical College tion, as well as a Veterans’ Court to address and married Robert Skinner on December 24, 1946. They were married for 34 years and of Ohio saw unprecedented growth, was es- the needs of combat veterans. were blessed with 6 children: (Butch) Robert, tablished as a leader in medicine, and came Mr. Cline is a member of many professional (D.G.) Dorian, Roberta, Rene, Diane, and into its own as a premier institution. Dr. and philanthropic organizations. He is past Cheryl, whom she nurtured and cherished. Ruppert’s able guidance directed the Medical president of the Tulare County Bar Association She is pre-deceased by her eleven siblings College of Ohio through an illustrious time and and is an active member of the California and and her husband, Robert. his leadership is unparalleled. As one col- National District Attorney’s Associations. He is Dorothy loved to travel and it did not matter league described it, ‘‘Much of MCO’s success the only District Attorney ever elected presi- if it was local or long distance. She continued can be credited to Richard D. Ruppert. From dent of the Tulare County Police Chiefs’ Asso- to preach and teach family values, as she be- a new college on a divided campus—one part ciation. Mr. Cline has also served on the lieved in family outings. Every weekend during farmland and the other a deteriorating county boards of the HEART after-school program the summer she would either take her children hospital complex—he provided guidance and and the Tulare County Library Foundation, away, or send her children to the movies or the political skills to develop the new campus among others. He has been active in Pro penny arcade. Most people reserve a hotel to its present ten structures . . . The school Youth Walk Run, the Justice Run and the an- room when going on vacation, but Dorothy has emerged from its early growing pains to nual Victims of Homicide Memorial Quilt Cere- would rent an apartment for a week to accom- achieve an identity as a quality medical institu- modate her children and their friends. She mony. tion during Dr. Ruppert’s tenure, with a large also organized yearly dude ranch trips during credit due to his leadership and vision.’’ Please join Congressman NUNES and me in the summer and Ski trips during the winter. Even as he presided at the helm of the congratulating Mr. Phillip James Cline on his Educated in the NYC public schools, Doro- medical college, Dr. Ruppert gave himself to retirement from his position as District Attor- thy was a determined young woman who re- civic affairs. He served a decade on the To- ney of Tulare County. ceived her GED at age 35 and continued her ledo Lucas County Port Authority Board, four

VerDate Mar 15 2010 05:16 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A12DE8.004 E12DEPT1 pwalker on DSK7TPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1913 as chair. He was a Rotarian, serving one term borders. We are encouraged by the EU’s I ask this body to join me in thanking as president. He chaired the United Way of achievements as a community of nations that Russlynn Ali for all that she has done for Greater Toledo campaign, was a member and have overcome so much in the pursuit of America’s young people and wishing her well president of the Ohio Historical Society Board peace. Where there was war, now is peace. on her next endeavor. and member of the Hayes Presidential Center. As we continue to work closer with our allies f He served a decade as trustee, campaign in the EU, I am confident that where there is chair, and president of the Fort Meigs Histor- now peace, peace shall remain. A TRIBUTE TO MICHIGAN STATE ical Society and was president of the Torch Both the EU and the U.S. face a recovering REPRESENTATIVE PAUL Club. economy. Towards that end, we are encour- OPSOMMER In all things: family, work, and community, aged to hear of preliminary discussions re- Dr. Richard Ruppert gave all. He leaves a leg- garding a comprehensive trade agreement HON. DAVE CAMP acy few could match. His brilliance, humor, with the EU and the impact it will have on jobs OF MICHIGAN grace, kindness and insatiable curiosity and and economic growth for our economies. IN THE HOUSE OF REPRESENTATIVES love of life were true gifts. He and his wife While the reduction of spending by nations is Wednesday, December 12, 2012 Libby have been a team unmatched, a gift that required, our efforts should also support a keeps giving to us all—our community, ad- special emphasis on job creation. With the EU Mr. CAMP. Mr. Speaker, today I rise to pay vanced medicines, academic excellence, and the U.S. as the largest trade partners for tribute to State Representative Paul E. friends and colleagues, loyalty to community, each other, reduction in tariff and non-tariff Opsommer in recognition of his faithful service persevering leadership. Dr. Richard Ruppert barriers will help facilitate a job creating envi- as a member of the Michigan House of Rep- made a difference for humanity and we are ronment providing hope for the citizens we resentatives. His fulfillment of three terms as eternally grateful for his life and service to represent. State Representative concludes the most re- America. f cent phase of what has been a remarkable career in public service, and he leaves behind a f HONORING ASSISTANT SECRETARY dedicated legacy in Lansing. RUSSLYNN ALI HONORING THE EU FOR RECEIV- Before being elected to the 93rd district of ING THE 2012 NOBEL PEACE Michigan in 2006, Paul had a career in busi- PRIZE HON. CHAKA FATTAH ness and local government. He served as Di- OF PENNSYLVANIA rector and later Vice President of Action Man- HON. CLIFF STEARNS IN THE HOUSE OF REPRESENTATIVES agement Corporation in Flint, and prior to that OF FLORIDA Wednesday, December 12, 2012 as a City Councilman and Mayor of DeWitt. IN THE HOUSE OF REPRESENTATIVES Mr. FATTAH. Mr. Speaker, I rise today to His extensive experience serving on local government agencies and boards, including the Wednesday, December 12, 2012 recognize and thank a tireless advocate for all of America’s children, Russlynn Ali, Assistant DeWitt Schools Strategic Planning Board and Mr. STEARNS. Mr. Speaker, on Monday, Secretary for Civil Rights, United States De- the DeWitt Downtown Development Associa- December 10, 2012, Nobel Committee Chair- partment of Education. Ms. Ali has recently tion, among others, also gave him a wide- man Thorbjoern Jagland presented European transitioned from the Department into a new ranging knowledge of issues important to the Leaders with the Nobel Peace Prize. The Eu- role and I would like to take the opportunity to region. ropean Union (EU) received the distinguished share with this body the impressive accom- In the Michigan House, Paul served on the award for its promotion of peace and human plishments of the Office for Civil Rights under Energy and Technology, Regulatory Reform, rights. Since the end of World War II, Europe her leadership. Insurance, and Health Policy Committees, and has seen six decades without wars, turning a First and foremost, I would like to thank Ms. most recently as Chairman of the Transpor- continent historically known for conflicts into a Ali for all that she has done to see the Equity tation Committee and Associate Speaker Pro continent of peace. and Excellence Commission draft a final re- Tempore. As a legislator, Paul was dedicated Since the formation of the European Union’s port. I am confident that this document will to the passage of sound public policy, and his initial organizations, there has not been a sin- provide a useful framework for policymakers, insights and experience brought a fresh per- gle hostile incident between the member advocates and families at every level to create spective to the House. states now known as the European Union. a more equitable and excellent system of pub- Paul is an esteemed Michigan citizen and it While there has been violence and war on the lic education that draws on the skills and tal- is with great pride that I dedicate these re- edges of the EU, such as the Balkan Wars, ents of every American child. The Commis- marks to his life and career. I wish him and these did not happen between EU members, sion’s success is because of the hard work of his family the best as he closes this chapter and now with the goal of full EU membership Russlynn Ali. of his life and begins his next endeavor. the nations of the Balkans are beginning to While revitalizing an underutilized federal of- f look forward to the future. fice, Ms. Ali has led the Office for Civil Rights Membership in the EU requires a nation to in an impressive direction, supporting states, ON THE OCCASION OF THE MICHI- have a fully operating democratic government, school districts and schools in providing the GAN LOTTERY’S 40TH ANNIVER- protection of civil liberties for a broad variety equal access to education every child de- SARY of minorities, recognition of private property serves. During her tenure, the Office launched and a fully functioning free enterprise econ- over 100 compliance reviews many of which HON. GARY C. PETERS omy. EU membership is a demand for democ- addressed first-of-their-kind issues and all of OF MICHIGAN racy and free enterprise which brings peace which were innovative in their comprehensive- IN THE HOUSE OF REPRESENTATIVES and security to every country that has joined. ness, scope, and approach. They entered into The growth from six western European coun- hundreds of robust resolution agreements that, Wednesday, December 12, 2012 tries to an organization of 27 member states with aggressive monitoring, will truly eradicate Mr. PETERS. Mr. Speaker, I rise today to that represent over 500 million people with a discrimination at its roots. They revamped mark an important milestone in the history of Gross Domestic Product (GDP) of $17.6 tril- technical assistance—conducting an average the Michigan Lottery as it celebrates its 40th lion is a transatlantic accomplishment worth of 315 activities a year over the last four Anniversary. Over the last four decades the noting for generations to come. The U.S. can years, up from about 185 in 2008. They re- Michigan Lottery has been focused on fulfilling take pride in the support and cooperation it leased 10 comprehensive Dear Colleagues its mission to supplement state education pro- has provided the EU over the years, with both and guidance documents, all dealing with ur- grams through lottery revenues and provide our economies representing 54% of world gent issues, and revamped them to include Michigan residents and visitors with fun and GDP and is responsible for 14 million ‘‘on detailed application sections—guidances that entertaining games of chance, while doing so shored’’ jobs on both sides of the Atlantic. advocates, superintendents and college presi- with a commitment to total integrity. Mr. Speaker, peace is not simply an era dents have referred to as ‘‘landmark’’ and Since November 1972, when the Lottery of- without war, but a common goal we share and ‘‘historic.’’ The Office for Civil Rights made the fered its first game, a 50-cent green game are committed to maintaining. Both our con- opportunity gap data come alive with the ticket with weekly drawings, the Lottery has stituencies are faced with terrorism, climate transformed Civil Rights Data Collection. Now generated over $50 billion in sales. In 1981, change, and recovering economies. These the CRDC site gets about 9,900 visits every Governor Milliken took an important step to problems know not of party lines or of national month. help Michigan residents further realize the

VerDate Mar 15 2010 05:16 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A12DE8.007 E12DEPT1 pwalker on DSK7TPTVN1PROD with E1914 CONGRESSIONAL RECORD — Extensions of Remarks December 12, 2012 economic benefit of the Lottery to our State by Senator Harden’s zeal for education blos- resented Mississippi on the Education Com- signing Public Act 40 into law, which dedi- somed during her years at Jim Hill High mission of the States. cated Lottery revenues to the Michigan School School and Jackson State University. At Jack- In striving for academic excellence, Senator Aid Fund. Since that time, the Michigan Lot- son State University she earned her Bachelor Harden pursued her doctorate in Educational tery has implemented many new innovative of Science and Master of Science degrees in Administration at The University of Southern programs and games to offer Michigan resi- Health and Wellness. Upon graduating from Mississippi in Hattiesburg, Mississippi, until dents a great gaming experience, for which it Jackson State University, Senator Harden her health began to fail. Senator Harden was just recognized with an award for Best began a noteworthy career as a teacher at served her state and community faithfully until New Instant Game by the North American As- Calloway High School in the Jackson Public her death on Thursday, December 6, 2012. sociation of State and Provincial Lotteries. School District where she quickly gained the Ms. Harden was married for 37 years to Today the results of the Michigan Lottery’s respect and admiration of her students, col- Dennis Lambert Harden. Dennis and their son success are evident in the many ways its pro- leagues and administrative supervisors. Sachem brought the greatest and most abun- grams have benefitted the State. Specifically, Recognizing that public schools in Mis- dant joy and love to her life. She was often over the duration of its existence, the Lottery sissippi were failing to deliver on its promise to heard talking long hours about Dennis’ undy- has awarded over $26.8 billion in prizes to adequately prepare its students for the chal- ing love and his support for every facet and Lottery participants. In addition, it has donated lenges and demands of an ever changing every endeavor that enriched both their lives. $17.3 billion to the School Aid Fund over its world, Senator Harden gradually redefined her Mr. Speaker, I ask my colleagues to join me lifespan. Local merchants have also benefitted passion for educating from being purely a lec- in saluting and paying tribute to the out- with $3.2 billion in retail commissions. When turer to being an advocate for quality public standing life, achievements and legacy of Mis- the merchant commissions are combined with education. As president of the Mississippi As- sissippi State Senator Alice Varnado Harden. the awards given to participants and schools, sociation of Educators, Senator Harden, de- Her passion for public education, human and it is clear the Lottery has been a significant spite the threat of incarceration by the courts, civil right and voter empowerment is laudable contributor to stimulating the State economy. called for a strike in 1985 to fight for salary in- and worthy of recognition by the United States As a former Commissioner of the Michigan creases for the state’s teachers. The voice for Congress. She will be celebrated forever as Lottery, this milestone is one that I view with hundreds of teachers and thousands of chil- one of Mississippi’s greatest leaders. a personal point of pride. While serving as dren, Senator Harden’s steadfast commitment f Lottery Commissioner, I was pleased to imple- to effectuate change from the front to the back ment a new innovative game, Club Keno, of the classroom, was victorious. Her steadfast SEQUESTRATION AND THE which spurred growth by offering participants commitment to the pursuit of change in how CHESAPEAKE BAY the chance to play a fun, fast and action-ori- Mississippi honored its educators led to a ented game that could yield up to a $100,000 statewide pay increase for teachers. HON. CHRIS VAN HOLLEN prize off just a single $1 bet. Thanks to the Mrs. Harden’s roles as an activist propelled OF MARYLAND success of Club Keno and many other Lottery her into the realm of politics. In 1988, She was IN THE HOUSE OF REPRESENTATIVES programs, I was honored to oversee record elected to represent Mississippi’s 28th Senate Wednesday, December 12, 2012 contributions to the School Aid Fund during District, filling a seat vacated by civil rights ac- my time as Lottery Commissioner. tivist State Senator Henry Kersey. During her Mr. VAN HOLLEN. Mr. Speaker, I rise today Mr. Speaker, I ask my colleagues to join me 24 years of service as a Senator, Mrs. Harden to highlight the potential damage that seques- today in recognizing the tremendous contribu- served as chair of both the Education and the tration could cause to vital efforts to restore tions that the Michigan Lottery has made to Universities and Colleges Committees. She the Chesapeake Bay. the State of Michigan over the last 40 years. also served on the Appropriations Committee, The Chesapeake Bay is our nation’s largest I congratulate the current Commissioner, Mr. Corrections Committee, the Fees, Salaries estuary, with a 64,000 square mile watershed M. Scott Bowen, on overseeing the Lottery’s and Administration Committee, the Housing that crosses six states and the District of Co- continued success and support of public edu- Committee, and the Interstate and Federal Co- lumbia and is home to 17 million people and cation in Michigan. operation Committee. over 3,600 species of animals and plants. In f Across Mississippi Senator Harden was 2004, the Chesapeake Bay Watershed Blue TRIBUTE TO ALICE VARNADO known as a champion not only for public edu- Ribbon Finance Panel estimated the economic HARDEN cation, but also as a giant for human and civil value of the Bay at over $1 trillion annually. rights. She was a staunch supporter and de- This vast resource presents unique chal- SPEECH OF fender of legislation protecting workers’ and lenges—the health of the Bay has been immigrant rights and was successful in enact- threatened by nutrient runoff, population HON. BENNIE G. THOMPSON ing laws that required the presence of certified growth and development, overfishing, and OF MISSISSIPPI translators in all Mississippi courts. Her efforts even natural factors like rain and snowfall. For IN THE HOUSE OF REPRESENTATIVES in the Senate also resulted in pay raises and nearly thirty years, the Federal government Wednesday, December 12, 2012 free healthcare for state employees. One of has been a partner in Bay restoration through Mr. THOMPSON of Mississippi. Mr. Speak- her most notable victories during her leader- the Chesapeake Bay Program, an innovative er, I rise today to pay tribute to an outstanding ship of the Senate’s Elections Committee was regional partnership that fosters collaboration individual who has served the citizens of the the passage of Mississippi’s Motor Voter Act. among the multiple state and local govern- great State of Mississippi for nearly half a cen- This bill empowered citizens throughout the ments, agencies, and advisory groups in the tury. Mrs. Alice Varnado Harden was an out- State of Mississippi with greater accessibility watershed. standing teacher, a profound leader and a to the election polls. In 2009, the President, with the support of truly inspiring individual. Senator Harden’s un- Senator Alice Harden’s professional asso- those of us in the Bay states, signed an Exec- wavering passion for enriching the lives of oth- ciations, achievements and awards are numer- utive Order to accelerate Bay clean-up by im- ers and remarkable character and integrity is ous and impressive. They speak volumes with proving targets and coordinating resources. worthy of recognition by this honorable body, regards to her service and vision for Mis- It’s an ambitious plan, and states and localities inasmuch as her governing presence will be sissippi communities. Senator Harden was a are working hard on implementation. But they sorely missed throughout this nation. lifetime active member of St. James Mis- cannot do it alone. The federal government Mississippi Senator Alice Varnado Harden sionary Baptist Church, a member of Alpha must be an active partner, providing financial was born on April 17, 1948 in Pike County, Kappa Alpha Sorority, the Women’s Political support and technical assistance. Mississippi to John Oatis Varnado and Lula Network, the National Council of Negro For example, the Clean Water State Revolv- Robinson Varnado. She was the third of nine Women, the League of Women Voters and a ing Fund finances capital projects for waste- children who grew up in the Washington Addi- life member of the NAACP. Additionally, she water treatment upgrades and helps local gov- tion community of Jackson, Mississippi. A was a member of NOBEL Women, the Na- ernments manage stormwater projects, curb- woman of humble beginnings, Senator Harden tional Conference of State Legislators, and the ing runoff pollution into the Bay. In Maryland, exhibited extraordinarily strong leadership National Black Caucus of State Legislators it will cost over $2 billion between 2010 and skills, academic talents and teaching abilities and chaired the Southern Legislative Con- 2017 to make the necessary stormwater im- that would later lend to her phenomenal per- ference’s Education Committee and the Mis- provements to meet its pollution reduction tar- formance as the first African American female sissippi Advisory Council to the United States gets. Sequestration would cut nearly $196 mil- to be elected to the Mississippi Senate. Civil Rights Commission. She also rep- lion from the Clean Water and Safe Drinking

VerDate Mar 15 2010 05:16 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A12DE8.008 E12DEPT1 pwalker on DSK7TPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1915 Water funds, limiting resources for these vital HONORING THE LIFE OF FRANK reliable; he is always there for the residents of repairs and breaking faith with our state and VENNER III Coventry when they need him. local partners on this collaborative effort. Following his graduation from Coventry High Chesapeake Bay clean-up is at a critical HON. MARCY KAPTUR School in 1970, Walter joined the United juncture. As state and local governments are OF OHIO States Navy. Upon returning home from a working to implement ambitious plans, the fed- IN THE HOUSE OF REPRESENTATIVES four-year tour of duty he was hired as a Class eral government must maintain or increase its D Patrolman in his local police department. funding support, not cut it. Wednesday, December 12, 2012 Walter quickly proved his dedication to his Sequestration’s meat-ax approach jeopard- Ms. KAPTUR. Mr. Speaker, during the work by actively pursuing training and certifi- izes the years of planning and collaboration Christmas Season we remember people far cation courses. He continued to seek out ways that have led to this moment, arbitrarily and and near and reminisce about those who are to improve his service to the town throughout unwisely slowing progress on what should be no longer with us. I rise to remember Frank his career. This professionalism and diligence a national priority. We must replace sequestra- Venner, who passed from this life in the sum- allowed Walter to rise to the rank of Lieuten- tion with a balanced approach that includes mer of 2012 at age 85 years. ant in April, 1995. revenue increases and targeted cuts while Frank Venner was born March 8, 1927, in Throughout his time on the police force, Lt. maintaining investments in initiatives like Bay Baltimore, Maryland. After living in Providence, Solenski received many accolades and letters restoration that preserve our national re- Rhode Island and Binghamton, New York, the of gratitude from those whom he had helped. sources. The Chesapeake Bay is a national family moved to Toledo when Frank was a Coventry residents appreciated his timely re- treasure and an economic engine for the Bay teenager. He graduated from Central Catholic sponse and attention, especially to emergency states. It must not fall victim to sequestration’s High School in 1944 and from the University situations. Last summer he was chosen by a ill-advised cuts. of Notre Dame in 1949. He served in the Army local committee to be a parade marshal at Air Corps. Frank and his wife Ruth married in Coventry’s 300th Anniversary Parade- a testa- f 1952 and together raised six children. Their ment to his importance in the town. I ask that my colleagues join with me to HONORING THE SERVICE OF PASA- children, along with their eleven grandchildren, honor Lt. Walter Solenski and the work he did DENA CITY COUNCILMAN CHRIS were his pride and joy. While in college, Frank began working in for the people of Coventry. As he prepares for HOLDEN radio on the college station. Back in Toledo he his retirement with his wife Yvonne, I am con- embarked on a career over four decades in fident that Walter will continue to play an ac- HON. ADAM B. SCHIFF broadcasting. He started at WSPD, Toledo’s tive role in the community. His commitment to OF CALIFORNIA local radio and television station. Later, the tel- the Coventry Police Department and to his IN THE HOUSE OF REPRESENTATIVES evision component became WTVG. Frank town will not soon be forgotten. Wednesday, December 12, 2012 Venner was a news fixture at the station, his f journalism respected in the community. His PERSONAL EXPLANATION Mr. SCHIFF. Mr. Speaker, I rise today to signature features were the popular ‘‘Weather- honor Chris Holden for his 23 years of service in-the-Weather’’ show which was broadcast on the Pasadena, California, City Council. A from atop the former Commodore Perry Hotel, HON. ADAM SMITH graduate of Pasadena High School and San the High School Quiz program which he OF WASHINGTON Diego State University, Chris was a basketball hosted for a quarter century, and the Venner- IN THE HOUSE OF REPRESENTATIVES star in school and played professionally over- Ward Report which he co-anchored with an- Wednesday, December 12, 2012 seas. He then returned to California to give other longtime Toledo newsman Gordon Mr. SMITH of Washington. Mr. Speaker, on back to his community by spending the great Ward. Mr. Ward recalled, ‘‘Integrity was pri- majority of his life in serving the city he loves. Friday, November 30, 2012, I was unable to mary in all that he did. His word was his be present for recorded votes due to illness. He was first elected to the Pasadena City bond.’’ Frank Venner also served as editorial Council in 1989 at the age of 28 as the young- Had I been present, I would have voted: ‘‘yes’’ director and news director at the station. on vote No. 612 (on the motion to recommit est member of the Council, and served until Frank Venner’s imprimatur on Toledo news he resigned in November 2012, upon his elec- H.R. 6429 with instructions); and ‘‘no’’ on vote is solid. A true journalist, his impact on tele- No. 613 (on passage of H.R. 6429). tion to the California State Assembly. In 1997, vision from its earliest days into the 21st cen- f Chris was chosen by his colleagues to serve tury is remarkable. He leaves a lasting legacy. a two-year term as Mayor of Pasadena, the He was a man who often reported what others RECOGNIZING LISA SANTERAMO first African-American man to hold that posi- did, but also went beyond his profession and tion. left our community and its institutions stronger HON. TIMOTHY H. BISHOP During his years on the City Council, Chris for his presence. His resonant voice became OF NEW YORK served his Pasadena district with distinction, synonymous with Toledo. IN THE HOUSE OF REPRESENTATIVES championing efforts to establish a living wage A more important legacy is his family. His Wednesday, December 12, 2012 in Pasadena, crack down on slumlords, create presence will be missed by his children and drug-free zones, and bring development, jobs, grandchildren, relatives and friends. Yet, he Mr. BISHOP of New York. Mr. Speaker, I and services to Northwest Pasadena. Chris lives on in them and in the media he was so am proud to rise to recognize a departing has also been a strong supporter of deregula- much a part of shaping. member of my original district staff, Lisa tion of Pasadena’s municipal utility, a leader of f Wieber Santeramo. charter reform that created a city-wide elected Since I opened my first district office in mayor, and a proponent of policies and IN HONOR OF THE LT. WALTER Coram, New York, Lisa has distinguished her- projects that have revitalized Pasadena, such SOLENSKI self as among the most competent and hard as the Paseo Colorado, Old Pasadena, and working members of my staff. Over the course the Pasadena Convention Center. HON. JOE COURTNEY of this past decade, I watched her develop His service as a long-time Board member of OF CONNECTICUT and rise from a staff assistant answering the the Burbank-Glendale-Pasadena Airport Au- IN THE HOUSE OF REPRESENTATIVES telephones at my reception desk to her ulti- thority and supporter of the creation and ex- mate position as the highest ranking member pansion of the Los Angeles to Pasadena Gold Wednesday, December 12, 2012 of my district staff, District Office Director. Line clearly demonstrates his commitment to Mr. COURTNEY. Mr. Speaker, I rise today Lisa was born and raised in Holbrook. She the entire region. to recognize the career of a beloved officer of attended Sachem High School, the largest I know that Chris will be missed in Pasa- the Coventry Police Department. Lt. Walter high school in the township, where she first dena City Hall, but I am pleased that he has Solenski will retire on December 31, 2012 developed her talent for public affairs as a chosen to bring his unique talents on our be- after 37 years of service to his town. A lifetime leader in student government. She brought her half to Sacramento. I join my colleagues in resident of Coventry, Connecticut, Walter’s enthusiasm and passion for leadership to my thanking Chris for his service and wish he, his compassionate attention to the community is first campaign and to my congressional office wife Melanie, and their children, Nicholas, known by young and old. Police Chief Mark after graduating from Stony Brook University Alexander, Austin, Mariah, and Noah the best Palmer described Lt. Solenski as an ‘‘every where she was also involved in student lead- in this new chapter of their lives. day hero.’’ He is someone who is steady and ership. While an undergraduate at Stony

VerDate Mar 15 2010 05:16 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A12DE8.010 E12DEPT1 pwalker on DSK7TPTVN1PROD with E1916 CONGRESSIONAL RECORD — Extensions of Remarks December 12, 2012 Brook, Lisa spent a semester interning with supervised 20 officers of which only two or his wife Jean raised five daughters. His family Minority Leader Gephardt. three were African American. He had a rep- was most precious to him. Having skillfully proved her ability to man- utation of fairness. Jean worked with the City of Toledo in forage casework and the many important respon- Felmers Chaney was elected president of estry, and then began a career with the To- sibilities of my constituent services operation, the NAACP—Milwaukee Branch where he ledo Area Metroparks. He became the Lisa was promoted to manage special projects served for 12 years. He was a true advocate Metroparks Director in 1985 and served until and coordinate intergovernmental affairs. She for the community speaking out on a range of his retirement after 35 years in service to the excelled in these areas and built a reputation issues including: education, housing and mi- organization. During that time he was Found- for solving problems and delivering out- nority hiring and representation. He once de- ing Director of the Stranahan Arboretum. His standing service to my constituents. Thus, her scribed discrimination against blacks in Mil- tenure brought a growth which established the promotion to District Office Director in January waukee as a ‘‘broken record; it’s been going Toledo Area Metroparks as a hallmark of our of 2012 was well earned and richly deserved. on for the past 40–50 years’’ region. Jean Ward was ‘‘an ambassador of Lisa has proven time and again that she is Mr. Chaney championed Milwaukee’s inner conservation. He had a passion and a dedica- self-motivated and is constantly striving to as- city development. He was president of the tion to protecting, preserving and improving sume ever greater responsibility. I have such Central City Development Corporation which natural areas for all to enjoy.’’ His legacy will tremendous confidence in Lisa that I asked built the Central City Plaza and he was a last through the ages. His extraordinary efforts her to take an official leave of absence to founder and president of North Milwaukee brought him statewide recognition when, in manage my campaign for re-election in 2008. State Bank, Wisconsin’s first black-owned 2009 he was inducted into the Ohio Parks and Lisa has since managed my past two cam- bank. Felmers Chaney also served as presi- Recreation Association Hall of Fame and later paigns in 2010 and 2012, which were the two dent of the Milwaukee Urban League. received a Lifetime Achievement Award. most challenging races in my congressional In 2009, Mr. Chaney and his wife, Jessie at- I was privileged to work with Jean through career. Lisa presided over each of these three tended the inauguration of President Obama. many years of shared public service. Though consecutive campaigns with skill, determina- Although they both were infirm, they were de- he will be missed by all whose lives he tion and an unparalleled work ethic. termined to attend this historic event. He touched, his spirit carries forward in the nat- Lisa has indeed proven invaluable and treasured that moment of being able to partici- ural beauty his efforts enshrined for genera- achieved all of this success by the age of only pate in an event he never dreamed could tions to come. 30. She became a mother earlier this year and occur in his lifetime. f now moves on to become the Assistant Dep- Mr. Speaker, I am proud that Mr. Felmers uty County Executive for Intergovernmental Af- Chaney a civil rights champion, public servant OUR UNCONSCIONABLE NATIONAL fairs for the County of Suffolk on Long Island. and trailblazer lived, worked, and served in the DEBT Lisa will be missed very much, but my staff 4th Congressional District of Wisconsin. Mr. and I are comforted in knowing that she will Chaney’s legacy will live on through the many HON. MIKE COFFMAN remain nearby and continue to serve a mutual people he mentored, his family and the com- OF COLORADO constituency in her new capacity. munity. IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, on behalf of New York’s first f Wednesday, December 12, 2012 congressional district, I thank Lisa Santeramo for her many years of outstanding service and A BIRTHDAY WISH Mr. COFFMAN of Colorado. Mr. Speaker, wish her continued success in serving the on January 20, 2009, the day President residents of Suffolk County in the years HON. DUNCAN HUNTER Obama took office, the national debt was ahead. OF CALIFORNIA $10,626,877,048,913.08. f IN THE HOUSE OF REPRESENTATIVES Today, it is $16,375, 1874,429,255.52. We’ve added $5,748,997,380,342.44 to our Wednesday, December 12, 2012 A TRIBUTE TO MR. FELMERS debt in nearly 4 years. This is $5 trillion in CHANEY Mr. HUNTER. Mr. Speaker, I just want to debt our nation, our economy, and our chil- take a brief moment to wish a very Happy dren could have avoided with a balanced HON. GWEN MOORE Birthday to my son, Duncan, who turns 12 budget amendment. OF WISCONSIN years old today. Call it a coincidence, Mr. f IN THE HOUSE OF REPRESENTATIVES Speaker, but he turns 12 on 12–12–12. It’s a special day for a very special boy. PERSONAL EXPLANATION Wednesday, December 12, 2012 He’s got a lot of great qualities, but it’s his Ms. MOORE. Mr. Speaker, I rise today to dedication to doing what’s right when no one HON. LYNN C. WOOLSEY recognize Mr. Felmers Chaney, a civil rights is looking that makes me, as his father, so OF CALIFORNIA leader and the first African American Sergeant proud. He’s also got a great sense of humor IN THE HOUSE OF REPRESENTATIVES in the Milwaukee Police Department (MPD). and his energetic love for life is both infectious Mr. Chaney passed away on December 5, and inspiring. So on this occasion, Mr. Speak- Wednesday, December 12, 2012 2012 at the age of 94. er, and as I think about how the last twelve Ms. WOOLSEY. Mr. Speaker, on December Mr. Chaney was the son of a dairy farmer years have gone by way too fast, I want to 11, 2012, I was unavoidably detained and was and born and raised in Spooner, in northern wish him a very Happy Birthday. unable to record my vote for Rollcall No. 620. Wisconsin. He came to Milwaukee to work as f Had I been present I would have voted: a machinist in 1941 but was unable to find Rollcall No. 620—‘‘yes’’—On approving the work in that field. He was drafted into the HONORING THE LIFE OF JEAN Journal. WARD Army in 1942. He was sent to officers’ can- f didate school, graduated as a 2nd Lieutenant and commanded troops in England and HON. MARCY KAPTUR HONORING THE CONTRIBUTIONS OF LOCAL LAW ENFORCEMENT France. OF OHIO After the war, he returned to Milwaukee IN THE HOUSE OF REPRESENTATIVES and, at the urging of a friend, he joined the Wednesday, December 12, 2012 HON. FRANK R. WOLF Milwaukee Police Department in 1947. Mr. OF VIRGINIA Chaney became an MPD trailblazer; he was Ms. KAPTUR. Mr. Speaker, during the IN THE HOUSE OF REPRESENTATIVES only the 4th black person to serve on the po- Christmas Season we remember people far lice force serving 36 years as a police officer. and near and reminisce about those who are Wednesday, December 12, 2012 Mr. Chaney became the first African American no longer with us. I rise to remember Jean Mr. WOLF. Mr. Speaker, I rise today to rec- to rise to the rank of Sergeant but this was not Ward, who passed from this life on July 16, ognize the following law enforcement officers without controversy. Felmers Chaney passed 2012. who have been honored by the Horse Shoe the Sergeant’s exam in 1954 but was asked if Jean Ward was born in Detroit, Michigan on Curve Benevolent Association for their service he would consider being a detective with the March 8, 1934 to Clarence and Agnes Ward. to their communities and continued willingness same pay and no supervision of staff. He de- He graduated from Michigan State University to put their lives on the line to protect public clined the detective post; in the mid-60’s he and served in the U.S. Navy. Together he and safety.

VerDate Mar 15 2010 05:16 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A12DE8.015 E12DEPT1 pwalker on DSK7TPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1917 Virginia State Police Senior Trooper David Major White served as an interim Chief of Po- stalled and critical aviation reform bill, legisla- R. Gray has served the Virginia Department of lice. Major White’s patience and leadership tion to authorize the programs of the United State Police for 12 years. During his tenure, during times of adversity at the Winchester States Coast Guard, a bill to improve federal Trooper Gray has done an outstanding job as Police Department helped the department con- pipeline safety programs, and a measure to a breath alcohol testing operator, a firearms tinue its responsibilities as one of the best po- protect U.S. sovereignty from a European instructor and a field training officer. As a lice organizations in the country. In October Union attempt to unlawfully tax our domestic member of the department’s crash reconstruc- 2012, Major White retired from the police de- air carriers and operators. tion team, Trooper Gray actively assisted with partment, but he will always be a committed Jim regularly and expertly navigated a dif- fatal crash investigations and his extensive role model and a mentor to many. ficult political atmosphere and helped ensure, knowledge in crash investigations and his de- Master Patrol Officer Mark F. Castle has through his untiring efforts and excellent lead- votion to training academy members and served the Berryville Police Department since ership, that good, sound legislation was newer troopers has gained him notoriety with 2006. He constantly strives to strengthen the passed for the benefit of the American people. the force. For these reasons, Trooper Gray is department by attending numerous training His in-depth understanding of the legislative often sought out after for his expertise. He programs and achieving certifications as a fire- process and ability to work with those of all continues to serve his community and mentor arms instructor, National Rifle Association in- political stripes are unique and respected here to his fellow troopers with professionalism. structor, field training officer and police cyclist. in the Congress. Sergeant Brian Rosenberry has served the Officer Castle has incorporated a variety of Before I asked Jim to become the Commit- Clarke Country Sheriff’s Office since 1985, drills into the normally static firearms training tee’s Republican Staff Director in 2006, he where he began as road deputy. Now, as at the department to aid officers in real-life sit- also advised me and other Members of the court services sergeant, Sergeant Rosenberry uations and has helped increase the number Committee in his capacity as the Sub- provides for the safety and security of all of of training sessions per year. His constant ef- committee on Aviation Majority Staff Director. the courts in Clarke County, is responsible for fort and dedication to bettering the force has In addition, Jim served as a Professional civil processes in the office, as well as budg- gained Officer Castle notoriety among his Staff member on the Subcommittee on Avia- eting procedures, scheduling and supervising peers. His service and willingness to share his tion from 1995 to 1998. Prior to his work on personnel. He was also responsible for estab- knowledge with his co-workers is greatly ap- the Transportation Committee, he served as lishing a new evidence storage unit and the preciated. the Legislative Director to Congressman JOHN successful maintenance of other operating Correctional Officer Michelle See began her J. DUNCAN, Jr. (R–TN) from 1989 to 1994, and procedures. His commitment to the citizens of career at the Northwestern Regional Adult De- he was a Legislative Assistant to Representa- Clarke County is displayed through his willing- tention Center in July 2005. She began as a tive Robert F. (Bob) Smith (R–OR) from 1983 ness to serve at the sheriff’s office and his housing unit security officer, where she super- to 1989. Jim’s illustrious career also includes countless hours as a volunteer firefighter. vised more than 50 inmates on a routine basis experience in the private sector where he held Deputy Tonya M. Kittoe is the school re- and has recently been promoted to field train- positions as director of government affairs for source officer for the Frederick County Sher- ing officer. Officer See has worked at several both The Boeing Company and the Air Trans- iff’s Department at Millbrook High School. In different posts at the regional jail, including port Association, where he helped develop addition to her work at Millbrook High School, community correction, visitation, main control legislation to stabilize the airline industry fol- she is also a dedicated counselor for the Fred- and booking. She is known for often working lowing the tragic terrorist attacks of September erick County Sheriff’s Office Youth Camp. Be- several posts in one shift, which is something 11, 2001. fore becoming a counselor, Deputy Kittoe that few officers at her level can successfully His service to his Country goes beyond the served as the secretary for the Frederick perform. Her versatility is an important asset halls of Congress and includes 12 years as an County Sheriff’s Office Youth Camp, as well to the team and she was recently nominated Infantry Officer in the U.S. Army Reserves and as the activities director. As part of the accred- for employee of the quarter for her determina- the Virginia Army National Guard where he at- itation team at the sheriff’s office, Deputy tion and loyalty. Officer See has seldom retained the rank of Captain. Kittoe played a pivotal role in the office’s initial quested to take a shift off and often comes to But of all Jim’s accomplishments, I know he accreditation and again this summer during re- work early without claiming the time. Her con- would tell you that he is most proud of his accreditation. Deputy Kittoe’s service at the sistent teamwork and professionalism enables family—his beautiful wife Sara and their three Frederick County Sheriff’s Office is greatly ap- Officer See to work extremely well with the children, Harrison, Caroline, and David. Jim preciated. public as well as civilian and sworn staff alike. and I often spoke about our families and the Sergeant John R. Austin has served the The Horseshoe Curve Benevolent Associa- importance of faith, family, and Country, which Winchester Sheriff’s Department where he tion, organized in 1997, has been honoring were values instilled in him by his parents, oversees the courthouse and other security law enforcement officers since 2004. Mr. David and Maureen. operations. Sergeant Austin began his career Speaker, it is my privilege to recognize these In January, Jim will be ending a remarkable in law enforcement in 1967 in Prince George’s officers for their courage, strength and service career here in the House and will be joining County, Maryland before working at the State to the Tenth District of Virginia. the National Air Transportation Association Department and the Pentagon. Sergeant Aus- f (NATA) as Executive Vice President. Jim has tin is an expert at working with contractors, an even brighter future ahead of him, and I alarm companies and other issues with the IN RECOGNITION OF JAMES W. know he will be just as successful as he has joint judicial center, judges, clerks and depu- COON been here in the people’s House. He can be ties and was instrumental in serving the sher- proud of his achievements and the commit- iff’s office during its accreditation process and HON. JOHN L. MICA ment he has shown to public service. Above was always ready to assist in any way he OF FLORIDA all, he has been a true and loyal friend and I could. On November 30, 2012, Sergeant Aus- IN THE HOUSE OF REPRESENTATIVES will miss him very much. tin retired from his post at the Winchester Wednesday, December 12, 2012 Mr. Speaker, I ask you and all of our col- Sheriff’s Department, but his attention to detail leagues to join me in thanking Jim Coon for and extensive knowledge will be missed. We Mr. MICA. Mr. Speaker, it is my privilege his 25 years of service to the Committee on appreciate his dedicated service to our com- and honor to recognize James W. Coon, who Transportation and Infrastructure, the Con- munity. is retiring after 25 years of distinguished serv- gress, and the Nation. Major David White served a 33 year career ice to the United States House of Representa- f with the Winchester Police Department, where tives. he first started as a dispatcher in 1979. Since As the Staff Director of the Committee on HONORING THE LIFE OF THOMAS he became a police officer on the force in Transportation and Infrastructure, Jim’s leader- JOSEPH 1982, Major White quickly moved up and ship, knowledge and counsel have been in- earned the admiration of his peers. Over the valuable to me and other Members of the HON. MARCY KAPTUR years, he served as polygraph examiner and Committee and this body. Over the years, he OF OHIO training officer and also trained in forensic has helped guide important pieces of legisla- IN THE HOUSE OF REPRESENTATIVES science and command staff. He is a graduate tion through Congress and to the President for of the FBI National Academy in Quantico, Vir- signature, including a major surface transpor- Wednesday, December 12, 2012 ginia. During a time of change at the Win- tation bill that will reform and improve our Na- Ms. KAPTUR. Mr. Speaker, during the chester Police Department from 2007–2010, tion’s highway and bridge programs, a long- Christmas Season we remember people far

VerDate Mar 15 2010 05:16 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A12DE8.021 E12DEPT1 pwalker on DSK7TPTVN1PROD with E1918 CONGRESSIONAL RECORD — Extensions of Remarks December 12, 2012 and near and reminisce about those who are As humble as the day is long, his life of Moving quietly forth, all with your heart no longer with us. I rise to remember Tom Jo- courage and exploration will live on. I submit and soul, body and mind, and ARM- seph. this poem penned in his honor, by Albert STRONG! Of one fact I am sure, Tom Joseph passed Caswell ‘‘To Such New Heights.’’ As now ever my son you shall so live on from this life a very happy man. What a moun- ... TO SUCH NEW HEIGHTS With names like Columbus and Marco Polo, tain of a human being! What a life force for To . . . all in search of discovery as born . . . GOOD! Tom was a born leader—for his fam- To Such New Heights! All because of where your fine heart has ily, his chosen profession, for our community All in your most courageous humble life, come and gone! and country. He achieved milestones . . . and Neil, as you have soared! To New Such Heights, to such places where he left them with us—in his children and loved All up upon your most heroic course, as you only magnificent men and women of ones; in the Plumbers & Pipefitters Training so set forth to take flight! honor, so belong! Center which his vision and zeal inspired and As none before had done! So belong! To higher places, to where such souls of built; in the form of Frontpath, a transformative As to this very day so way up there, but lie honor now so grace us . . . still your footsteps upon that moon health care institution that exists and has So grace us with but all of their courage all helped thousands of citizens obtain more af- once so formed! the more, to so take flight and move As in my heart your words, fordable health care because he made it pos- onward so boldly forth! I can so hear now so living on! sible. He was one-of-a-kind . . . just brimming Ah, to walk upon the moon! ‘‘That’s one step for man, and one giant leap with talent and inventiveness. He gave our To far off and most distant shores! for Mankind’’. . . all in that moment community backbone! As have you so come and gone, as was so born! Words that describe Tom Joseph: rare, but to so cast out your most brilliant light For as long as America has but such blessed strong, loving, good, fierce, free, solid, fun, as formed! son’s! wise, loyal. Words that capture his essence: To so bless our world, all with exploration’s And daughters as these ones! golden glow in sight so very warm! ingenious, unselfish, superlative, irrepressible, Who to her, will so give their most heroic To such places, where such fine hearts of hearts and souls to discovery to run! indefatigable, hospitable, hilarious, irreverent, honor so ignite us, and so await us to Who, so selflessly do what must so be done! effective, analytical, creative, extraordinary. so live on! All in that quest To But Be The Best, Tom Joseph was a leader of laboring men As Neil you were off! To Such New Heights as won . . . All in what your most heroic life to us has and women. He dedicated his life as a build- Then, taught! er—of family, of friendships, and enduring in- To Such New Heights we will all so come! As to our world what you have so brought! stitutions of community that create a better life So Soar! As we so look back now all in such awe, as for the people of our country. It is not inappro- As upon this earth Neil, your time with us we so reflect upon what we so saw! priate to say he was a real Democrat—he felt has so brought forth! As You So Soared! And so taken us, it to his core and lived it. It did not come as To Such New Heights as none had done so be- a surprise to me to read in Tom’s obituary that fore . . . To Such New Heights and New Frontiers, he asked donations to be sent to All for Women and Mankind’s very futures to that which to you so soared! FreeSpeech.org and Habitat for Humanity. so insure! With your heart and soul, body and mind, Tom Joseph was Everyman. He lived life ‘Ah, to walk upon the moon! and ARMSTRONG all the more! large and deeply. His voice was booming . . . As you were gone! ‘Ah, but to walk upon that moon! you always knew when Tom was in the room. Upward and onward, so far . . . far . . . f He was always concerned about others, never and beyond, all now so etched in his- CELEBRATING THE 98TH BIRTH- missed an opportunity to help others in any tory living on! To Soar! DAY OF THE VILLAGE OF HAR- way he could. All in explorations quest which so lies be- Yet, his absolute first priority was his family. LEM’S BELOVED GERTRUDE fore! HADLEY JEANNETTE Terri and Tom’s life is a love story: they met ‘Ah, To walk upon the moon! on a school bus and at 14, she knew she ‘Ah, a dream as old as Mankind from out of would marry him. Together they raised An- the womb . . . HON. CHARLES B. RANGEL gela, Heather and Daniel, and welcomed ‘‘That’s one step for man, one giant leap for OF NEW YORK grandchildren. Through joy and sorrow Terri Mankind!’’ IN THE HOUSE OF REPRESENTAIVES and Tom were committed to each other, to Creating such a Buzz, as Collins your safe re- their children and grandchildren, to parents turn home so ensured . . . Wednesday, December 12, 2012 and siblings and friends. What a rare privilege As out to all hearts you would so implore! Mr. RANGEL. Mr. Speaker, I rise today to And as a freedom fighter who, for all of us so to have shared a friendship with this extraor- fought for! celebrate the 98th Birthday of Harlem’s be- dinary man. We are all bettered by our asso- His parent’s pride, a loving husband at his loved cultural icon, Gertrude Hadley ciation with him. What he gave us will never wife’s side, his children’s hero and de- Jeannette, which occurred on November 28, die. Truly, Tom Joseph was a man for others. light as so adored . . . 2012. Gertrude Hadley Jeannette, playwright, And that is no small feat. And a Patriot for America and in The United producer, director, and actress of the stage Tom Joseph’s legacy: what he gave to his States Air Force, who so fought in The and screen was born in Urbana, Arkansas on family, his union, his community and country, Korean War! November 28, 1914, to Willis Lawrence Had- immortalizes the words of newspaperman and Not The Forgotten One for sure! ley and Salley Gertrude Crawford Hadley. And as a test pilot, but living all out on that labor activist William Cahn, ‘‘The history of Gertrude Hadley was raised in Arkansas America has been largely created by the very edge! That edge of death, where so many of your where she attended Dunbar High School in deeds of its working people and their organi- magnificent brothers lives where so Little Rock. Just before her high school grad- zations. Nor has this contribution been con- lost and pledged! uation, Gertrude decided that she wanted to fined to raising wages and bettering work con- Who with their courage and sacrifice our na- get married instead of attending Fisk Univer- ditions; it has been fundamental to almost tion so blessed! sity, as she had previously planned. Gertrude every effort to extend and strengthen our de- And to space that final frontier . . . Hadley and Joe Jeannette, II, a prizefighter mocracy.’’ And back and forth all in what was so said and the president of the Harlem Dusters, a here! f As ever in your life Neil, motorcycle club, eloped to New York City in TO SUCH NEW HEIGHTS IN HONOR To Such New Heights as you have so sped 1934. OF NEIL ARMSTRONG AND HIS and pioneered! In 1935, Gertrude Hadley Jeannette became LIFE To Such New Frontiers! the first woman to get a license to drive a mo- Armed with but only your most uncommon torcycle. In 1942, because of the shortage of heart of valor, that which so led all male taxicab drivers caused by the World War HON. JEAN SCHMIDT without fear! II, she became the first woman to drive a cab OF OHIO ‘Ah, to walk upon the moon! in New York City. During that time, Gertrude IN THE HOUSE OF REPRESENTATIVES Was but something that within Mankind you decided to further her education. She took Wednesday, December 12, 2012 said, that which you so said so makes them so strive for . . . bookkeeping classes in the basement of Abys- Mrs. SCHMIDT. Mr. Speaker, I rise today in As you were as humble as the day was long, sinian Baptist Church, and speech classes at honor of and in tribute to, a great American as you would never bath in the celeb- the American Negro Theatre in order to rem- hero from my district in Ohio, Neil Armstrong. rity of the moonlight’s sweet song! edy her speech impediments.

VerDate Mar 15 2010 05:16 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A12DE8.023 E12DEPT1 pwalker on DSK7TPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1919 In 1945, Gertrude Hadley Jeannette was and New York State. Ms. J also received hon- TRIBUTE TO MARIA GOODLOE- cast in the lead role in Our Town. In 1950, she ors from the ‘‘GBC-Giving Back Corporation’’ JOHNSON BY CONGRESSMAN performed in her first play, This Way Forward. of Los Angeles on April 30, 2011. JAMES E. CLYBURN That same year, Gertrude and Fred O’Neil ap- Most recently, she is featured in the film peared on television in James Weldon John- ‘‘The Savoy King: Chick Webb and the Music HON. JAMES E. CLYBURN that Changed America’’ which was screened son’s God’s Trombone on CBS’s General OF SOUTH CAROLINA at The 2012 New York Film Festival. Of all her Electric Hour. Gertrude replaced Pearl Bailey, IN THE HOUSE OF REPRESENTATIVES who was originally cast in that role. As a re- accomplishments, Ms. Jeannette, however, is Wednesday, December 12, 2012 sult, she continued to work in both the theatre most proud of the work she has done in and and in film and television. Gertrude has around the Harlem Community. Mr. CLYBURN. Mr. Speaker, I rise today to worked as a professional actress in radio, Mr. Speaker, great women like our beloved pay tribute to a dedicated educator, who de- stage, film, and TV for many years. Ms. J are precious gifts we temporarily have voted her life to improving educational oppor- Performing on Broadway, she originated in this world, but their contributions and ac- tunities for all children and ending historic roles in such plays as Lost in the Stars, No- complishments are far remembered and ever- achievement gaps in our public schools. I had body Loves an Albatross, The Long Dream, lasting. Though retired and well into her nine- the privilege of knowing Dr. Maria Louis Amen Corner, The Skin of our Teeth, The ties, Ms. J is an active and celebrated mem- Goodloe-Johnson when she served as the Su- Great White Hope and Tennessee Williams’ ber of the New York theater scene. I ask you perintendent of the Charleston County School Vieux Carre. Gertrude’s film credits include: and my colleagues to join me in celebrating District from 2003–2007, and she left an indel- the 98th Birthday of Ms. Gertrude Hadley Cry for the City, Nothing but a Man, Shaft, ible mark during her time in South Carolina. Jeannette. The Legend of Nigger Charlie, Cotton Comes Although Dr. Goodloe-Johnson left this world to Harlem, Black Girl, and several documen- f all too soon, her legacy lives on in the count- taries and short films. HONORING THE WORK OF MERVYN less students she touched throughout her ca- In 1979, Gertrude founded the H.A.D.L.E.Y. DYMALLY reer. Players (Harlem Artists Development League Dr. Maria Louis Goodloe-Johnson was born Especially for You) in answer to the need of HON. KAREN BASS September 3, 1957 in Omaha, Nebraska, the professional artists to develop their talents and OF CALIFORNIA second of two children of Jewell Eva and skills in the theatre, and to enrich the cultural IN THE HOUSE OF REPRESENTATIVES Leonard 0. Goodloe. She married Bruce John- life in the Harlem Community. Gertrude went son, on September 22, 2004, and the two had Wednesday, December 12, 2012 on to direct, produce, and write her own plays, one daughter, Maya Jewell. as well as the works of other playwrights. Ms. BASS of California. Mr. Speaker, today Maria spent her formative years in Omaha. Gertrude Hadley Jeannette was presented I’m honored to stand and recognize the ex- She graduated from Central High School in with several awards for her work and accom- traordinary life of my dear friend Mr. Mervyn 1975. In 1979, she graduated from the Univer- plishments. Ms. ‘‘J’’ or Ms. ‘‘G’’ as she is en- Dymally for his decades of public service to sity of Nebraska at Lincoln, where she earned dearingly called received the Outstanding Pio- the great people of California. Mr. Dymally’s a Bachelor’s of Science in Special Education. neer Award from AUDELCO in 1984, and the life is a testament to the belief within our great While in college, she also played trumpet in AT&T and Black American Newspaper’s 1987 country that no matter who you are or where the Cornhusker Marching Band. Personality of the Year Award. In 1991, Ms. J you come from, America with its boundless In 1980, she moved to Colorado to attend was honored as a living legend at the National opportunities remains a place where we can the University of Northern Colorado at Gree- Black Theatre Festival in Winston-Salem, all thrive together. ley, where she completed her master’s degree North Carolina. Ms. J is also the recipient of Mr. Dymally immigrated to the United States (Educationally Handicapped, K–12) and began the 1992 Harlem Business Recognition Award from his native Trinidad at the age of 19 years her career as a special education teacher and from the National Council of Negro Women. old. Through hard work he went on to grad- soccer and cross country coach in the Aurora In 1998, Ms. J received the Lionel Hampton uate from California State University before Public Schools. Legacy Award, the Standing On Our Shoul- later earning master’s and doctoral degrees. In 1987, Maria was named assistant prin- ders Award from Delta Sigma Theta, Bronx He dedicated his life to public service early— cipal at Broomfield High School in the Boulder working as a special education teacher in Los Chapter, and was inducted into the Bushfire Valley Schools. Three years later, she became Angeles and organizing the most marginalized Theatre Walk of Fame in Philadelphia, Penn- the youngest African American female high citizens of our state so that they could use sylvania. On October 16, 1999, in her birth school principal in the state of Colorado. While their voices to build a politics that best re- state, Gertrude Hadley Jeannette was in- principal at Broomfield High School, she com- flected their values and aspirations. ducted into the Arkansas Black Hall of Fame. Mr. Dymally became California’s first for- pleted her doctorate in Educational Adminis- Her portrait hangs in the halls next to previous eign-born black state assemblyman when he tration, Supervision, Curriculum and Instruc- honorees such as Maya Angelou, John. H. was elected in 1962, its first black state sen- tion. She next served as director of secondary Johnson, Daisy Bates, and Ernest Green to ator four years later and, in 1974, its first black instruction for the St. Vrain Valley School Dis- name a few. In 2002, she received the pres- lieutenant governor. In 1980 he became one trict before moving to Texas. tigious Paul Robeson Award from the Actors of the first foreign-born blacks elected to the Maria joined the Corpus Christi Independent Equity Association. Ms. J was also inducted House of Representatives, where he served School District in 1999, where she served as into the Hatch-Billops Oral History Collection six terms and led the Congressional Black Assistant Superintendent. During her tenure, at the Schomburg Center for Research in Caucus for a time. she was one of 20 educators selected from Black Culture. Throughout his decades long career, Mr. across the country to participate in the 2003 In February 2003, Ms. Jeannette was Dymally made standing up for human rights Urban Superintendents Academy, a highly amongst 30 individuals who were honored in and the working poor the hallmarks of his specialized training program with the Broad the ‘‘Harlem Is. . . Living History of Harlem Ex- service to California and the nation. He Superintendents Academy. hibit’’—which celebrated 30 Harlemites (ages worked to improve health care for the poor She continued to serve in the Corpus Christi 50–100) whose contributions to the fields of and sponsored legislation to expand civil rights District until accepting the position as Super- art, music, education, politics, community serv- protections for women. As lieutenant governor intendent of Schools for Charleston County ice, and sports define Harlem’s rich and di- he joined Cesar Chavez in trying to protect School District, the largest urban district in verse cultural legacy. On December 15, 2003, jobs for farm workers. South Carolina, in October 2003. Maria is not she was honored with the New Hope SDA Mr. Dymally was a mentor to several African only the first black but also the first woman to (Seventh Day Adventist) Church Women’s American leaders who followed him into public hold the position; Maria was noted for im- Ministry Award. service, so much so that he was dubbed the proved student achievement faster than other In 2009, Ms. J received the Barbara Ann ‘‘Godfather of African-American politics.’’ He districts in the state. Teer Artistic Award; and in 2010, she received broke down barriers and through it all re- In September 2007, Maria was selected as an AUDELCO Nomination for Best Play Re- mained humble and dedicated to the causes the Superintendent of Seattle Public School vival for her play ‘‘Gladys’’ Dilemma.’’ On that brought him into public service in the first District where she served until March 2011. March 28, 2011, she was honored by ‘‘The place. Maria then accepted a position as Deputy Coalition of Theatres of Color’’—a group Mr. Dymally’s life is an inspiration to us all Chancellor, Instructional Support and Edu- whose purpose is preserving the history and who serve in this House and today we honor cational Accountability at Michigan Education commitment of Black theatre in New York City his service. Achievement System. Maria assisted in the

VerDate Mar 15 2010 05:16 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A12DE8.025 E12DEPT1 pwalker on DSK7TPTVN1PROD with E1920 CONGRESSIONAL RECORD — Extensions of Remarks December 12, 2012 development of a program designed to provide HEISMAN WINNER JOHNNY fordable healthcare. With the passage of the a new, stable, financially responsible set of MANZIEL Affordable Care Act, we will soon see the day public schools that create the conditions, sup- when every person in the country has health ports, tools and resources under which teach- HON. LAMAR SMITH insurance. For many years I cosponsored a ers can help students make significant aca- OF TEXAS bill offered by PETE that would have at least demic gains. It will first apply to underper- IN THE HOUSE OF REPRESENTATIVES provided a guarantee of healthcare for children in this country. It was outrageous that forming schools in Detroit in the 2012–2013 Wednesday, December 12, 2012 school years and then be expanded to include children were not provided guaranteed health low performing schools throughout Michigan. Mr. SMITH of Texas. Mr. Speaker, last insurance or covered by the government in Maria was a member of Alpha Kappa Alpha weekend, America watched as Kerrville, this country, and PETE worked to end that out- Sorority Incorporated. Throughout her life, she Texas’ own star quarterback received College rage. Of course, PETE was instrumental in the was actively involved in community service Football’s most prestigious award—the passage of the Affordable Care Act as the and received numerous honors and awards for Heisman trophy. chair of the Health Subcommittee, and we these efforts. Johnny Manziel, the Tivy High School grad- owe him a debt of gratitude for those efforts. uate and current Texas A&M University quar- Mr. Speaker, I ask you and my colleagues Southern California is losing several mem- terback, became the first college freshman to to join me in remembering this barrier-break- bers who will likewise be missed. follow in the footsteps of some of the sport’s HOWARD BERMAN and I ran against each ing educator. Dr. Maria Goodloe-Johnson was greatest athletes. other in 2012. Nothing that happened during a trailblazer and an innovator in the public Known by his fans as ‘‘Johnny Football,’’ it that campaign has lessened my admiration for school arena. Her expertise and enthusiasm seems as if Manziel was born to play the HOWARD as a public servant and legislator. In will be sorely missed, but her contributions will game. His first year at Tivy High School, the 40 years since his first election to the live on in perpetuity. Manziel started out on the freshman football State Assembly, he has provided California team. By the end of the season, he was play- and the country with exemplary service. In f ing on Varsity. He was the only quarterback in fact, as a long serving member of the Foreign HONORING THE LIFE OF DORIS America named as a Parade All-American his Affairs Committee and its former Chairman, BEACH senior year. this service extended to the world. This year, Manziel led the Aggies to a vic- HOWARD could have enjoyed the comfort tory over Alabama, the number one ranked and financial benefits of working in the private HON. MARCY KAPTUR team in the nation. He is the first freshman sector, but instead chose to serve the public. OF OHIO and only the fifth player in the NCAA to pass From local Valley projects such as preserving IN THE HOUSE OF REPRESENTATIVES for 3000 yards and rush for 1000 yards in a the Santa Monica Mountains, improving the Hansen Dam, and rebuilding Kaiser Wednesday, December 12, 2012 season. The champion who Americans have now Permanente Hospital after the 1994 quake, we Ms. KAPTUR. Mr. Speaker, I rise to pay been introduced to is the same humble young owe him a sincere debt of gratitude. tribute to Doris L. Beach, who passed from man that Kerrville, Texas, has known all He has been a longtime champion of farm this life on November 13, 2012 at age 74. along. Hard work, determination and gracious- workers, starting with his work with Cesar Doris was a true humanitarian and gave of ness have been Johnny Manziel’s trademark Chavez and the Agricultural Labor Relations herself fully. For more than forty years, Doris all along. Act, which grants farmworkers the right to or- Beach was the face of Green Thumb, now From the halls of Congress, and from the ganize and bargain with their employers. HOW- known as Experience Works Inc. linking capa- heart of Texas District 21, congratulations, ARD has been a consistent advocate for the ble older adults with employment. A tireless Johnny, on well-deserved award. entertainment industry, working to protect the advocate in pursuit of job opportunities for f jobs of so many residents of the San Fer- older adults, that service was her passion. nando Valley. CA DEMOCRATIC DELEGATION One of six children, Doris Beach graduated Under his direction as the top Democrat on from high school in Pittsburgh. She briefly the Foreign Affairs Committee since 2008, our worked in a hospital and broadcasting, but HON. BRAD SHERMAN foreign aid program has better protected soon found her calling as she set out to make OF CALIFORNIA American interests abroad and allowed for a Toledo’s Green Thumb the best senior em- IN THE HOUSE OF REPRESENTATIVES more stable world. Through projects like the ployment service. She sought out employers, Wednesday, December 12, 2012 Iron Dome missile shield and enabling Israelis to apply for E–2 Visas, he has strengthened when necessary taught them the value of hir- Mr. SHERMAN. Mr. Speaker, I rise today to ing older workers, and matched older workers the U.S.-Israel relationship. HOWARD has also offer my thanks and best wishes to the mem- helped fight against global HIV/AIDS and al- to the jobs. Explained her longtime colleague bers of the California Democratic delegation leviate suffering in the poorest countries. HOW- Billie Johnson, president of the Area Office on who will be departing at the end of this Con- ARD has built a legacy of effective leadership. Aging of Northwest Ohio, ‘‘She was so out-of- gress. He will be missed in Congress. the box and didn’t think in traditional terms of Starting with departing members toward the While LAURA RICHARDSON only served three how to find employers who would hire retirees. northern portion of the state, I can say that terms in the House, she was an effective lead- She went above and beyond and knew how to Congress is losing two of its most important er for her diverse district. She became a re- help a retiree package a skill set.’’ Doris knew and effective progressive champions, LYNN spected expert on intermodal transportation the work ethic of older adults, understood their WOOLSEY and PETE STARK. issues despite serving only a brief time in needs and guided them toward their potential. LYNN has been a strong advocate for peace- Washington. The Ports of LA and Long Beach, She was an inspiration to all who knew her, ful solutions to the world’s problems, and her and those that work or do business there, will an amazing woman. We knew her for her voice for peace and disarmament will be miss her efforts here to improve the transit of ‘‘ready smile, a raspy voice, compassion and missed. She was one of the most vocal and goods across the country. Very few members an air of authority’’ and she was endeared to consistent opponents of the war in Iraq, and of this House better understand the impor- us all. fought to stop the surges in both Iraq and Af- tance of transit infrastructure, and the need to In addition to her life’s work, Doris Beach ghanistan. I have been proud to work with her pay for it wisely, than LAURA. gave to her church, St. Martin de Porres over the past several years to bring a respon- I have greatly enjoyed serving with my Catholic Church, and her family was most im- sible end to the wars. LYNN has also been a friend, JOE BACA, on the Financial Services portant. She was a well-loved sister and aunt. forceful advocate on education and children’s Committee and in Congress generally. JOE We share her family’s sorrow at her passing, issues. served his country, first in the Army and then and hope they find comfort in the gift that was I know LYNN will stay involved in progressive in Congress. JOE served as Chairman of the her remarkable life. Through Doris’ life-giving causes, and I look forward to continuing to Congressional Hispanic Caucus from 2007– counsel and street smarts borne of struggle, work with her in her new role as President of 2008. He fought hard for the rights of immi- her persevering work bettered the lives of Americans for Democratic Action. But her grants and the wider Latino community in the thousands of older Americans and gave them compassionate efforts in Congress will be dif- United States. added meaning and purpose. Our community ficult to replace. And finally, I wish my friend Bob Filner suc- remains indebted always to the ethic of serv- The thing I will remember most about PETE cess as he continues on his career in public ice to others her life embodies. STARK is that he was always a fighter for af- service as the mayor of San Diego. The

VerDate Mar 15 2010 05:16 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A12DE8.027 E12DEPT1 pwalker on DSK7TPTVN1PROD with December 12, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1921 people of that great city have gained a strong rights, where he was arrested. During his ten- Mr. Speaker, again, I thank my friends for leader—Congress has unfortunately lost one ure as Chairman of the Veterans Affairs Com- their decades of public service, and wish them of its most important advocates for veterans. mittee, funding for VA healthcare increased 60 only the best in whatever they do after Con- Bob began fighting for a better America as a percent and funding for VA home lending in- gress. They will all be missed. young man—as one of the Freedom Riders to creased by 50 percent. go to the American South to fight for civil

VerDate Mar 15 2010 05:16 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\A12DE8.030 E12DEPT1 pwalker on DSK7TPTVN1PROD with E1922 CONGRESSIONAL RECORD — Extensions of Remarks December 12, 2012 SENATE COMMITTEE MEETINGS Meetings scheduled for Thursday, De- DECEMBER 19 Title IV of Senate Resolution 4, cember 13, 2012 may be found in the 10 a.m. agreed to by the Senate on February 4, Daily Digest of today’s RECORD. Banking, Housing, and Urban Affairs 1977, calls for establishment of a sys- Financial Institutions and Consumer Pro- tection Subcommittee tem for a computerized schedule of all MEETINGS SCHEDULED meetings and hearings of Senate com- To hold hearings to examine consumer DECEMBER 18 mittees, subcommittees, joint commit- credit reports. tees, and committees of conference. Time to be announced SD–538 Commerce, Science, and Transportation Judiciary This title requires all such committees Business meeting to consider pending To hold hearings to examine the state of to notify the Office of the Senate Daily calendar business. the right to vote after the 2012 elec- Digest—designated by the Rules Com- SR–253 tion. mittee—of the time, place, and purpose 9:30 a.m. SD–226 of the meetings, when scheduled, and Banking, Housing, and Urban Affairs any cancellations or changes in the Securities, Insurance and Investment Sub- DECEMBER 20 committee meetings as they occur. 2:30 p.m. As an additional procedure along To hold hearings to examine computerized trading venues, focusing on what Intelligence with the computerization of this infor- To hold closed hearings to examine cer- mation, the Office of the Senate Daily should the rules of the road be. SD–538 tain intelligence matters. Digest will prepare this information for 2:30 p.m. SH–219 printing in the Extensions of Remarks Intelligence section of the CONGRESSIONAL RECORD To hold closed hearings to examine cer- on Monday and Wednesday of each tain intelligence matters. week. SH–219

VerDate Mar 15 2010 05:16 Dec 13, 2012 Jkt 029060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\M12DE8.000 E12DEPT1 pwalker on DSK7TPTVN1PROD with Wednesday, December 12, 2012 Daily Digest Senate mitted in classified form, but shall include an un- Chamber Action classified summary of policy recommendations to ad- Routine Proceedings, pages S7753–S7990 dress the growing Iranian threat in the Western Measures Introduced: Eight bills and two resolu- Hemisphere. Page S7988 tions were introduced, as follows: S. 3670–3677, and Flood Disaster Protection Act: Senate passed S. S. Res. 614–615. Pages S7976–77 3677, to make a technical correction to the Flood Measures Passed: Disaster Protection Act of 1973. Pages S7988–89 National Defense Authorization Act: Senate World Peace Corps Mission and the World Peace passed H.R. 4310, to authorize appropriations for Prize: Senate agreed to S. Res. 614, celebrating the fiscal year 2013 for military activities of the Depart- World Peace Corps Mission and the World Peace ment of Defense, for military construction, and for Prize. Page S7989 defense activities of the Department of Energy, to 2012 Nobel Prize in Chemistry: Senate agreed to prescribe military personnel strengths for such fiscal S. Res. 615, congratulating the recipients of the year, after striking all after the enacting clause and 2012 Nobel Prize in Chemistry. Page S7989 inserting in lieu thereof, the text of S. 3254, the Senate amendment, as passed by the Senate on De- House Messages: cember 4, 2012, and after agreeing to the following Coast Guard and Maritime Transportation Act: amendments proposed thereto: Pages S7793–S7972 Senate concurred in the amendment of the House of Durbin Amendment No. 3332 (to the Senate Representatives to the amendment of the Senate to amendment), of a perfecting nature. Pages S7793–94 H.R. 2838, to authorize appropriations for the Coast Menendez/Kirk Amendment No. 3333 (to the Guard for fiscal years 2012 through 2015. Senate amendment), of a perfecting nature. Pages S7972–93 Page S7794 Transaction Account Guarantee—Agreement: A Senate insisted on its amendment, requested a unanimous-consent-time agreement was reached pro- conference with the House on the disagreeing votes viding that Senate resume consideration of S. 3637, of the two Houses; and the Chair was authorized to to temporarily extend the transaction account guar- appoint the following conferees on the part of the antee program, at 11:30 a.m., on Thursday, Decem- Senate: Senators Levin, Lieberman, Reed, Akaka, ber 13, 2012; that it be in order for the Republican Nelson (NE), Webb, McCaskill, Udall (CO), Hagan, Leader, or designee, to raise a budget point of order Begich, Manchin, Shaheen, Gillibrand, Blumenthal, against the bill; that if a point of order is raised, the McCain, Inhofe, Sessions, Chambliss, Wicker, Brown Majority Leader, or designee, be recognized to move (MA), Portman, Ayotte, Collins, Graham, Cornyn, to waive the point of order; that the time until 12 and Vitter. Page S7972 noon be equally divided between the two Leaders, or Subsequently, Senate vitiated the December 4, their designees; that at 12 noon, Senate vote on the 2012 passage of the bill, and the adoption of the motion to waive the budget point of order, if such Senate Amendment. Page S7786 a motion is made; that if the motion to waive is suc- Countering Iran in the Western Hemisphere cessful, Senate then vote on the motion to invoke Act: Senate passed H.R. 3783, to provide for a com- cloture on the bill; that if the motion to waive is prehensive strategy to counter Iran’s growing hostile not successful, the cloture motion be withdrawn and presence and activity in the Western Hemisphere, the Majority Leader be recognized; and that if a after agreeing to the following amendment proposed budget point of order is not raised, the time until thereto: Page S7988 12 noon be equally divided between the two Leaders, Coons (for Rubio) Amendment No. 3334, to pro- or their designees; that at 12 noon, Senate vote on vide that the comprehensive strategy may be sub- the motion to invoke cloture on the bill. Page S7989 D1026

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Messages from the House: Page S7975 rick Gordon, to be United States District Judge for Executive Communications: Pages S7975–76 the District of Nevada, who was introduced by Sen- ators Reid and Heller, Ketanji Brown Jackson, of Additional Cosponsors: Page S7977 Maryland, to be United States District Judge for the Statements on Introduced Bills/Resolutions: District of Columbia, who was introduced by Rep- Pages S7977–82 resentatives Paul Ryan and Norton, and Beverly Additional Statements: Pages S7974–75 Reid O’Connell, to be United States District Judge for the Central District of California, who was intro- Amendments Submitted: Pages S7982–88 duced by Senator Boxer, after the nominees testified Authorities for Committees to Meet: Page S7988 and answered questions in their own behalf. Privileges of the Floor: Page S7988 ENDING THE SCHOOL-TO-PRISON Adjournment: Senate convened at 9:30 a.m. and PIPELINE adjourned at 6:57 p.m., until 9:30 a.m. on Thurs- Committee on the Judiciary: Subcommittee on the Con- day, December 13, 2012. (For Senate’s program, see stitution, Civil Rights and Human Rights concluded the remarks of the Acting Majority Leader in today’s a hearing to examine ending the school-to-prison Record on page S7990.) pipeline, after receiving testimony from former Sen- ator Mike DeWine, Ohio Attorney General; Rep- Committee Meetings resentatives Robert C. Scott and Danny K. Davis; Deborah Delisle, Assistant Secretary of Education for (Committees not listed did not meet) Elementary and Secondary Education; Melodee Hanes, Acting Administrator, Office of Juvenile Jus- TAX REFORM AND FEDERAL ENERGY tice and Delinquency Prevention, Office of Justice POLICY Programs, Department of Justice; Steven C. Teske, Committee on Finance: Subcommittee on Energy, Nat- Clayton County Juvenile Court Chief Judge, ural Resources, and Infrastructure concluded a hear- Jonesboro, Georgia; Judith A. Browne Dianis, Ad- ing to examine tax reform and Federal energy policy, vancement Project, and Andrew J. Coulson, Cato In- focusing on incentives to promote energy efficiency, stitute Center for Educational Freedom, both of after receiving testimony from Dan Arvizu, Director, Washington, D.C.; and Edward Ward, Chicago, Illi- National Renewable Energy Laboratory, Department nois. of Energy; Steven Nadel, American Council for an Energy-Efficient Economy, and Mark Wagner, John- NOMINATIONS son Controls, both of Washington, D.C.; and Matt Committee on Veterans’ Affairs: Committee concluded a Golden, Efficiency First, San Francisco, California. hearing to examine the nominations of Keith Kelly, of Montana, to be Assistant Secretary of Labor for NOMINATIONS Veterans’ Employment and Training, who was intro- Committee on the Judiciary: Committee concluded a duced by Senator Tester, and William S. Greenberg, hearing to examine the nominations of Shelly of New Jersey, to be a Judge of the United States Deckert Dick, to be United States District Judge for Court of Appeals for Veterans Claims, who was in- the Middle District of Louisiana, who was intro- troduced by Senator Menendez, after the nominees duced by Senators Landrieu and Vitter, Andrew Pat- testified and answered questions in their own behalf. h House of Representatives H.R. 6364, to establish a commission to ensure a Chamber Action suitable observance of the centennial of World War Public Bills and Resolutions Introduced: 4 public I, to designate memorials to the service of members bills, H.R. 6650–6653; and 2 resolutions, H. Res. of the United States Armed Forces in World War I, 829–830 were introduced. Page H6765 including a National World War I Memorial on the Additional Cosponsors: Page H6765 National Mall in the District of Columbia, and for other purposes, with amendments (H. Rept. Report Filed: A report was filed today as follows: 112–701, Pt. 1). Page H6765

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Speaker: Read a letter from the Speaker wherein he halers, by a 2⁄3 yea-and-nay vote of 229 yeas to 182 appointed Representative Webster to act as Speaker nays, Roll No. 623. Pages H6724–28, H6740–41 pro tempore for today. Page H6703 Medal of Valor Review Board—Appointment: Recess: The House recessed at 11:01 a.m. and re- Read a letter from Representative Pelosi, Minority convened at 12 noon. Page H6710 Leader, in which she appointed Joanne Hayes-White Chaplain: The prayer was offered by the guest chap- of San Francisco, CA, to the Medal of Valor Review lain, Reverend Jerome Milton, Greater New Pleasant Board. Page H6739 Hill Baptist Church, Tyler, Texas. Pages H6710–11 Recess: The House recessed at 3:29 p.m. and recon- Providing for Consideration of Motions To Sus- vened at 4:33 p.m. Page H6739 pend the Rules: The House agreed to H. Res. 827, Privileged Resolution: The House agreed to H. providing for consideration of motions to suspend Res. 829, returning several measures to the Senate. the rules, by a yea-and-nay vote of 226 yeas to 178 Page H6739 nays, Roll No. 622, after the previous question was ordered by a yea-and-nay vote of 224 yeas to 183 Meeting Hour: Agreed that when the House ad- journs today, it adjourn to meet at 9 a.m. tomorrow, nays, Roll No. 621. Pages H6714–23, H6739–40 December 13th. Page H6739 Suspensions: The House agreed to suspend the rules and pass the following measures: Designating the Ranking of a Certain Named Member: The House agreed to H. Res. 830, desig- Eliminate Privacy Notice Confusion Act: H.R. nating the ranking of a certain named Member of a 5817, amended, to amend the Gramm-Leach-Bliley certain standing committee of the House of Rep- Act to provide an exception to the annual privacy resentatives. Page H6739 notice requirement; Pages H6723–24 Moment of Silence: The House observed a moment No-Hassle Flying Act of 2012: S. 3542, to au- of silence in honor of the victims of the Clackamas thorize the Assistant Secretary of Homeland Security Town Center shooting, and their families. Page H6740 (Transportation Security Administration) to modify screening requirements for checked baggage arriving Senate Message: Message received from the Senate from preclearance airports; Pages H6728–31 by the Clerk and subsequently presented to the House today appears on page H6711. DHS Audit Requirement Target Act of 2012: S. 1998, to obtain an unqualified audit opinion, and Senate Referral: S. 3564 was referred to the Com- improve financial accountability and management at mittee on Oversight and Government Reform. the Department of Homeland Security; and Page H6763 Pages H6731–33 Quorum Calls—Votes: Three yea-and-nay votes de- Frank Buckles World War I Memorial Act: H.R. veloped during the proceedings of today and appear 6364, amended, to establish a commission to ensure on pages H6739–40, H6740 and H6741. There a suitable observance of the centennial of World were no quorum calls. War I and to designate memorials to the service of Adjournment: The House met at 10 a.m. and ad- members of the United States Armed Forces in journed at 8:45 p.m. World War I, including a National World War I Memorial on the National Mall in the District of Columbia. Page H6733–39 Committee Meetings Agreed to amend the title so as to read: ‘‘To establish a commission to ensure a suitable observance KEEPING THE NEW BROADBAND of the centennial of World War I, to provide for the SPECTRUM LAW ON TRACK designation of memorials to the service of members of the United States Armed Forces in World War I, Committee on Energy and Commerce: Subcommittee on Communications and Technology held a hearing en- and for other purposes.’’. Page H6738–39 titled ‘‘Keeping the New Broadband Spectrum Law Suspension—Failed: The House failed to agree to on Track’’. Testimony was heard from the following suspend the rules and pass the following measure: Federal Communications Commission officials: Julius Asthma Inhalers Relief Act of 2012: H.R. 6190, Genachowski, Chairman; Robert M. McDowell, to direct the Administrator of the Environmental Commissioner; Mignon Clyburn, Commissioner; Jes- Protection Agency to allow for the distribution, sale, sica Rosenworcel, Commissioner; and Ajit Pai, Com- and consumption in the United States of remaining missioner. inventories of over-the-counter CFC epinephrine in-

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CHALLENGES FACING THE U.S. CAPITAL COMMITTEE MEETINGS FOR THURSDAY, MARKETS TO EFFECTIVELY IMPLEMENT DECEMBER 13, 2012 TITLE VII OF THE DOD–FRANK ACT (Committee meetings are open unless otherwise indicated) Committee on Financial Services: Subcommittee on Cap- Senate ital Markets and Government Sponsored Enterprises held a hearing entitled ‘‘Challenges Facing the U.S. Committee on Finance: to hold hearings to examine improving care for dually-eligible beneficiaries, focusing on Capital Markets to Effectively Implement Title VII a progress update, 10 a.m., SD–215. of the Dodd-Frank Act’’. Testimony was heard from Committee on Foreign Relations: Subcommittee on Near Gary Gensler, Chairman, Commodity Futures Trad- Eastern and South and Central Asian Affairs, to hold ing Commission; Robert Cook, Director, Division of hearings to examine terrorist networks in Pakistan and Trading and Markets, U.S. Securities and Exchange proliferation of improvised explosive devices (IEDs); to be Commission; and public witnesses. immediately followed by a closed hearing in SVC–217, 10 a.m., SD–419. HGH TESTING IN THE NFL: IS THE Full Committee, to receive a closed briefing on attacks in Benghazi, 2 p.m., SVC–217. SCIENCE READY? Committee on Small Business and Entrepreneurship: to hold Committee on Oversight and Government Reform: Full hearings to examine Hurricane Sandy, focusing on assess- Committee held a hearing entitled ‘‘HGH Testing ing the Federal response and small business recovery ef- in the NFL: Is the Science Ready?’’. Testimony was forts, 10 a.m., SR–428A. heard from Lawrence Tabak, Deputy Director, Na- Select Committee on Intelligence: to hold a closed business meeting to consider certain intelligence matters, 2:30 tional Institutes of Health; and public witnesses. p.m., SH–219. FUTURE OF NASA: PERSPECTIVES ON House STRATEGIC VISION FOR AMERICA’S SPACE Committee on Agriculture, Subcommittee on General PROGRAM Farm Commodities and Risk Management, hearing on ‘‘Dodd-Frank Derivatives Reform: Challenges Facing U.S. Committee on Science, Space, and Technology: Full Com- and International Markets’’, 9 a.m., 1300 Longworth. mittee held a hearing entitled ‘‘The Future of Committee on Energy and Commerce, Subcommittee on NASA: Perspectives on Strategic Vision for Amer- Health, hearing entitled ‘‘State of Uncertainty: Imple- ica’s Space Program.’’ Testimony was heard from mentation of PPACA’s Exchanges and Medicaid Expan- public witnesses. sion’’, 10 a.m., 2123 Rayburn. Committee on Financial Services, Full Committee, hearing BUSINESS MEETING entitled ‘‘Examining the Impact of the Volcker Rule on Markets, Businesses, Investors and Job Creation, Part II’’, Committee on Veterans’ Affairs: Full Committee held a 9 a.m., 2128 Rayburn. business meeting to approve Activities Report for Committee on the Judiciary, Full Committee, markup on the Committee on Veterans’ Affairs. The report was H.J. Res. 819, Directing the Attorney General of the approved without amendment. United States to transmit to the House of Representa- tives, not later than 14 days after the date of the adop- PROPOSAL TO REDUCE CHILD DEATHS tion of this resolution, any documents and legal memoranda in the Attorney General’s possession relating to the DUE TO MALTREATMENT practice of targeted killing of United States citizens and Committee on Ways and Means: Subcommittee on targets abroad, 10 a.m., 2141 Rayburn. Human Resources held a hearing entitled ‘‘Proposal Committee on Transportation and Infrastructure, Full Com- to Reduce Child Deaths Due to Maltreatment’’. Tes- mittee, hearing entitled ‘‘Northeast Corridor Future: Op- timony was heard from public witnesses. tions for High-Speed Rail Development and Opportuni- ties for Private Sector Participation’’, 10 a.m., 2167 Ray- burn. House Permanent Select Committee on Intelligence, Full Joint Meetings Committee, business meeting on Investigative Report on No joint committee meetings were held. the U.S. National Security Issues Posed by Chinese Tele- communications Companies Huawei and ZTE, 8:30 a.m., HVC–304. This is a closed meeting. Full Committee, hearing on ongoing intelligence activities, 9 a.m., HVC–304. This is a closed hearing.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, December 13 9 a.m., Thursday, December 13

Senate Chamber House Chamber Program for Thursday: After the transaction of any Program for Thursday: To be announced. morning business (not to extend beyond 11:30 a.m.), Sen- ate will resume consideration of S. 3637, Transaction Ac- count Guarantee, with up to two votes on the motion to waive a point of order, if a point of order is raised against the bill, and the motion to invoke cloture on the bill at approximately 12 p.m. The second-degree amendment filing deadline will be at 10:30 a.m.

Extensions of Remarks, as inserted in this issue

HOUSE Hunter, Duncan, Calif., E1916 Schiff, Adam B., Calif., E1915 Kaptur, Marcy, Ohio, E1910, E1912, E1915, E1916, Schmidt, Jean, Ohio, E1918 Bass, Karen, Calif., E1919 E1917, E1920 Sherman, Brad, Calif., E1920 Bishop, Timothy H., N.Y., E1915 Keating, William R., Mass., E1909 Smith, Adam, Wash., E1915 Camp, Dave, Mich., E1913 Larson, John B., Conn., E1909 Smith, Lamar, Tex., E1920 Clyburn, James E., S.C., E1919 McCarthy, Kevin, Calif., E1912 Stearns, Cliff, Fla., E1910, E1913 Coffman, Mike, Colo., E1916 Mica, John L., Fla., E1917 Thompson, Bennie G., Miss., E1914 Connolly, Gerald E., Va., E1910 Moore, Gwen, Wisc., E1916 Van Hollen, Chris, Md., E1914 Courtney, Joe, Conn., E1915 Nunes, Devin, Calif., E1911 Westmoreland, Lynn A., Ga., E1911 Farr, Sam, Calif., E1910 Peters, Gary C., Mich., E1911, E1913 Wolf, Frank R., Va., E1916 Fattah, Chaka, Pa., E1913 Rangel, Charles B., N.Y., E1912, E1918 Woolsey, Lynn C., Calif., E1916

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