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 19, 2012 No. 164 Senate The Senate met at 9:30 a.m. and was BRAND, a Senator from the State of New this. It is very unfair to the millions of called to order by the Honorable York, to perform the duties of the Chair. people who are suffering as a result of KIRSTEN E. GILLIBRAND, a Senator from PATRICK J. LEAHY, this devastation. the State of New York. President pro tempore. We have had some devastating Mrs. GILLIBRAND thereupon as- wildfires in the West. They are terribly PRAYER sumed the chair as Acting President damaging to the environment and on The Chaplain, Dr. Barry C. Black, of- pro tempore. occasion there is lost life and often fered the following prayer: f there are property losses. But rel- Let us pray. atively speaking, compared to the mil- RECOGNITION OF THE MAJORITY lions of people involved in this storm, O God of love, may Your presence fill LEADER our lawmakers with Your wisdom and we have to get our priorities right. It is unfair to those people who are suf- power. May Your wisdom lead them The ACTING PRESIDENT pro tem- fering. It is not only individual people, away from the pitfalls of delayed obe- pore. The majority leader is recog- but it is also businesses. I hope we can dience so that they will seek to nized. finalize this matter in the next day or promptly do Your will. Lord, make f two. them a source of strength. Direct their SCHEDULE actions; motivate their hearts, as they f seek to begin this day with an unre- Mr. REID. Madam President, fol- TRIBUTES TO DEPARTING served commitment to You. God, give lowing leader remarks, the Senate will SENATORS be in a period of morning business for them Your supernatural power, wis- KENT CONRAD dom, and guidance, for You know 1 hour; the Republicans will control the first half, the majority the second Mr. REID. Madam President, it is them, their needs, their motives, their often said a man is only as good as his hopes, and their fears. half. Following morning business, we will word. In this new world we live in, the We pray in Your merciful Name. same applies to women. This is a world resume consideration of the supple- Amen. we live in where men and women, as mental appropriations bill. I men- much as we can, are treated equally. A f tioned last night we are going to have good man is somebody who has his to move forward on this bill. I have PLEDGE OF ALLEGIANCE word that is good. A good woman is a been told the Republicans want to have The Honorable KIRSTEN E. GILLI- person who has their word that is good. a substitute, and we look forward to BRAND led the Pledge of Allegiance, as I believe that is true. whatever that might be. We can set up follows: If that fact is true, then Mr. KENT a series of votes to satisfy those people I pledge allegiance to the Flag of the CONRAD, the Senior Senator from who want to change this bill in some North Dakota, is a good man, indeed. United States of America, and to the Repub- manner. lic for which it stands, one nation under God, When he was running for the Senate indivisible, with liberty and justice for all. I would note that in the Northeast— the first time, he promised the people other States but principally New York of North Dakota he would not run for f and New Jersey—there are about reelection if the Nation’s budget deficit APPOINTMENT OF ACTING 700,000 people who have lost their was higher at the end of his term than PRESIDENT PRO TEMPORE homes. Tens of thousands of those at the beginning of it. homes have been destroyed, and other We came to the Senate together. I The PRESIDING OFFICER. The people are still living in very difficult clerk will please read a communication can remember 27 years ago in the LBJ situations. Room where I first met KENT CONRAD— to the Senate from the President pro When we had the devastation in the we were running for the Senate—this tempore (Mr. LEAHY). Gulf, we got the aid to those States studious man, very intense. I can still The legislative clerk read the fol- very quickly. The population of those remember that. We have been friends lowing letter: States—Louisiana, Mississippi, Ala- now for all those many years. But U.S. SENATE, bama—is very sparse compared to New think what he did. He could have been PRESIDENT PRO TEMPORE, York and New Jersey. We have to make Washington, DC, December 19, 2012. reelected so easily and he probably To the Senate: a decision on this very important legis- could have figured out some way Under the provisions of rule I, paragraph 3, lation before we leave this week, and around it: It was my intention to re- of the Standing Rules of the Senate, I hereby we are going to do that. I hope every- duce the debt, but we weren’t able to appoint the Honorable KIRSTEN E. GILLI- one would cooperate, but we have to do do it.

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

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VerDate Mar 15 2010 05:56 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.000 S19DEPT1 jbell on DSK7SPTVN1PROD with S8156 CONGRESSIONAL RECORD — SENATE December 19, 2012 But he didn’t follow that path. He As I have indicated, no one cares mous for making sure people under- said: I am not running for reelection, more about addressing the national stand what he is talking about. He has and he didn’t. It is amazing what he debt than Senator CONRAD. But he also visual aids—we call them charts—that did. He takes the national debt person- understands the balance between fiscal explain all his numbers and make them ally. He takes it very seriously. Kent responsibility and funding our national understandable. In 2001, the Rules Com- announced he wouldn’t seek reelection. priorities. mittee gave him his own printer since I was stunned. KENT, how could you do KENT CONRAD has been bipartisan. he was producing more charts than all that? He said: I gave my word. But Sometimes some criticize him for the rest of the Senators combined—and fate, as we know—and we are feeling it being so bipartisan. He has never been that is the truth. He is famous for his today with these flowers here behind afraid to reach across the aisle to keep charts. me—fate is rarely anticipated. After our country on a responsible path. He He is renowned for his dog. He loves his first term was set to expire and he is a person who is not an ideologue. I that little dog named Dakota. It is a had announced he wasn’t running for could be wrong, but I think he was the fluffy white dog, a bijon frise. Every- reelection, Quentin Burdick, with first person to endorse Obama. Obama where KENT goes, Dakota is with him. whom I had the pleasure of serving, was a Senator who gave indication he They love that dog like only people can died, and so he ran for his seat and was wanted to run for President. I think love animals. I often question how—I elected. So he has held both Senate Senator CONRAD was the first to en- used to question; I don’t anymore. I seats in North Dakota. He ran in that dorse him. We know Senator Obama have a daughter. My oldest child is a special election to replace Senator didn’t sell very well in North Dakota, daughter. She is allergic to cats. Her Burdick and won. The Senate, the peo- but that didn’t stop KENT CONRAD. He husband, trying to be nice to her, ple of North Dakota, and every Amer- thought he was the best person to be bought her a cat that had no hair. ican who cares about controlling the President of the United States. Frankly, it was kind of an ugly little Federal debt have benefited from his The proposal I mentioned with Sen- animal, but my daughter loves that faithful service. ators CONRAD and Gregg was a blue- cat. They named the cat Olivia. The Every time we have done something print for what the Bowles-Simpson cat got out at night—they live in a dealing with the debt in the last 26 Commission then came up with. As I suburb here—and a racoon attacked years, KENT CONRAD has been at the have indicated, every bipartisan deficit the cat so the cat was never the same forefront. ObamaCare, he was on top of reduction since then—and some par- after that. But my daughter spent lots that. He was one of the Gang of 6, it tisan efforts—anytime there was in- of money on this cat. was called at the time, and took volvement with the debt, he was there. I finally said: Lana, why are you Although we have yet to reach a so- months and months. He came up, of spending money on the cat? course, with the magnificent idea, he lution or a conclusion to the very seri- She said: Dad, I love that animal. and Judd Gregg—two people who know ous fiscal challenges this country So that was the beginning; I don’t the finances of this country as well as faces, I credit KENT CONRAD for the question it anymore. If my daughter any other two men in the world—they progress we have made to this point. feels that strongly about a cat, I am were going to do something about it, He will continue to be a voice for rea- going to stop criticizing people who and they introduced legislation. It was son and moderation even in his retire- spend money on animals. patterned after the base closing com- ment. See, KENT has always had a bril- I am reminded of my daughter every missions. They would do their work— liant mind for numbers. He is a step day I see him with Dakota because she the Commission—come back to the above an accountant’s mind. I truly loved Olivia like he loves Dakota. He Senate, no filibusters, no amendments. like accountants. My daughter-in-law and his lovely wife Lucy have spent is an accountant, but he is a step above That was KENT CONRAD and Judd lots of money on that little dog. They Gregg’s idea. As we know, the problem that. He is of the mathematician’s cal- love that dog. He calls him Little Guy; iber; he is so very smart. was the Republicans who supported the that Little Guy. After graduating from college, he legislation, cosponsored it, wouldn’t let I am going to miss KENT a lot. He is worked for the North Dakota State my friend, my pal. I wish him and his us get it on the floor; six or seven of Tax Commission. The person who ran family well. He has a lovely family. His them voted against that. The Bowles- that tax commission was Byron Dor- wife Lucy was the long-time chief of Simpson Commission; the Obama- gan, who later joined him in the Sen- Boehner talks, two rounds of those; staff for Byron Dorgan—two Senators, ate. In 1980, KENT succeeded Byron as both representing the same State, one Biden-Cantor, he was involved in every the commissioner of taxes in North Da- Senator’s wife is the chief of staff for one of those; the Gang of 6, the Gang of kota. They are the best of friends. He 8. Even though he wasn’t personally served as tax commissioner for 6 years. his colleague. She went out in the pri- one of the three people on the super- He is a fifth-generation North Dako- vate sector fairly recently and has committee, Chairperson MURRAY was tan, born in Bismarck. KENT CONRAD done a great job. She has been involved leaning on him all the time for infor- was raised by his grandparents. When in Major League Baseball. She and mation. he was 5 years old, his parents were KENT love baseball. KENT always talks He has been terrific. As chairman of killed by a drunk driver and so he was about he talked to Pete Angelos, the the Budget Committee, no one could do raised by his wonderful grandparents owner of the Baltimore Orioles; that he more than he did. I can remember he and he has told me so many times is looking forward to his retirement be- managed the bills we had on getting about how good they were to him. cause Angelos promised him a tryout. budgets. He was here, my seat was He was always interested in politics. He is going to try to play professional there, and he wanted me to help him. At his retirement party, he talked baseball. He loves baseball. They go to Why? Because he didn’t have time to about coming to Washington, DC, and spring training when they can. I hope deal with procedure. He was dealing he went back to his room or wherever they will still have a presence in Wash- with substance. I still joke with him he went that evening and wrote on a ington. I think so much of both of about this. He was so intense; we could piece of paper that he was going to be them. They are wonderful people. see that mind of his working. So he a Senator. He was just a boy, a little They have two children, a daughter was happy I was here working with him kid. He was a teenager, but at least in who wrote a book about politics, and to get the budgets through. my view of a 16-year-old today he was one grandson. KENT always boasts He has been a powerful voice against still a little kid. He said he wanted to about how smart his daughter is. I runaway deficits but always being to- be a Senator to himself. ‘‘It so inspired went to the book signing. I am sure she tally reasonable, recognizing that we me that I thought someday I’d like to is smart because she has such a bril- are in a time of economic slowdown be down on that floor and I’d like to liant father. and we have to do something about the debate the great issues of the day.’’ I value both KENT’s friendship and debt. But he also believes that during He has done it. He has done it for 24 leadership. While he will be missed in any of these periods of time, we need years. the Senate, he should rest assured that stimulation of the economy; they go Today KENT doesn’t just debate the his legacy will remain long after he together. great issues of the day, he also is fa- leaves.

VerDate Mar 15 2010 05:56 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.002 S19DEPT1 jbell on DSK7SPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — SENATE S8157 RECOGNITION OF THE MINORITY House and the Senate. I have no doubt JIM’s interest in politics came about LEADER he will be extremely effective in his when the government started to in- The ACTING PRESIDENT pro tem- new post over at the Heritage Founda- trude more and more into his business, pore. The Republican leader is recog- tion. I wish him every success. Because and when he started to notice how it nized. the truth is, the Nation simply cannot unwittingly harmed others. ‘‘The more continue on its current path, and if JIM I learned about how things operated,’’ f can help more people understand that he once said, ‘‘the more I understood PREVENTING FURTHER ECONOMIC from his new perch on Massachusetts how problems in our society such as DAMAGE Avenue, then it will clearly have been broken homes, crime, and school drop- Mr. MCCONNELL. Madam President, worth it. out were a direct result of well-in- there is still time to prevent further And so while JIM’s voice will be tended but misdirected government damage to the economy and to stop the missed here in the Senate, we are glad policies.’’ automatic tax hike on every American to see he will be putting his consider- So he got involved. that’s scheduled to go into effect at the able talents to good use by helping to In 1992, Bob Inglis walked into his of- beginning of the New Year. The Presi- arm his former colleagues and many fice and asked for his help in running a others with the arguments they will dent has a real opportunity, the second race in South Carolina’s 4th District. need to make the case for constitu- in 2 years, to do something significant JIM took the job and for the first time tional conservatism in the years ahead. about our debt crisis and jumpstart our began to think about running for polit- As a young boy, JIM developed a ical office himself. When Inglis retired, economy. He has a real opportunity to knack for sales by necessity. His mom JIM decided to run as his replacement. show he can govern. He is letting that ran a ballroom dancing school out of opportunity slip away. He was 47 years old, he had never run their home as a way to keep food on for anything in his life, and Debbie Senate Democrats and the White the table for her four children, and part House now say that a ‘‘balanced ap- thought he was crazy. But the voters of JIM’s job was to recruit the students. proach’’ is one that can pass both the liked what he was selling, and so did He says he still runs into people who his colleagues in the House. They voted House and Senate. But we know that attended the DeMint Academy of him President of their freshman class neither the Democrat bill in the Sen- Dance and Decorum. ‘‘Our home some- ate, nor the President’s plan for more in 1999. times seemed like boot camp,’’ JIM Six years later, JIM was elected to than a trillion dollars in tax hikes once said, because to survive as a sin- meets their own new test of ‘balance.’ the Senate. And he has been a leader gle parent his mom enlisted all four here as well, working to cut Federal Speaker BOEHNER, like me, would kids for daily duties starting at 6 a.m. like to prevent a tax hike on everyone. spending and reform how we spend tax- It was ‘‘the closest I would come to payer dollars. A conservative stalwart, But given the President’s failure to basic training.’’ Interestingly, part of act, the House will soon vote on legis- JIM leaves with a stellar 98.77 lifetime JIM’s responsibilities involved filling in rating from the American Conservative lation to prevent a tax hike on anyone for folks who did not have a dance Union. And, crucially, he has made a making less than a million dollars a partner. difference. One member of the press year—rather than letting taxes go up When JIM wasn’t busy in the ball- on every American taxpayer; in other room, he was working his two paper corps once referred to JIM as the pa- words, a plan that 53 of our Democrat routes or bagging groceries at the gro- tron saint of lost causes in the Senate. colleagues here in the Senate already cery store. On weekends, he fed his love And, frankly, I don’t think we will be voted to support. It is a plan that of music as the drummer for a band abolishing the tax code anytime soon, would ensure far more American fami- called ‘‘Salt and Pepper.’’ He was best as JIM has suggested, but that’s to miss lies and small businesses are protected known for his vocals on the song the point. Great causes almost always from tax hikes than anything our Dem- ‘‘Wipe-out’’ and the song’s distinctive start out with a constituency of one, ocrat friends have proposed. opening cackle. JIM says he could have and JIM has never been afraid to take Democrats will have an opportunity been a rock star, if it weren’t for the up important and unpopular causes to offer and vote on changes if they no fact that he had no voice or musical early, and let the polls and punditry longer agree with their previous posi- talent. So as an adult, he stuck with take care of themselves. tions. But what they cannot do is sit sales, and it was from there that he After becoming what he called a ‘‘re- on their hands and let taxes go up on launched his political career. covering earmarker,’’ he succeeded in every American taxpayer. Senate It has not been easy. JIM has always convincing others to give up the prac- Democrats have wasted precious time worked hard to ensure that Debbie and tice. As a member of the Foreign Rela- all year with show votes designed to the kids remained at the center of his tions Committee, he was also instru- fail. That has left us with little time to life. I know how much he admires mental in resolving a serious problem do the real work that needs to be done. Debbie for keeping her focus on their in Honduras a few years ago after the But there is still enough time for us to kids over the years. Theirs has been a Obama Administration misconstrued finish all of our work before this week- true partnership almost since the day the legal ouster of a president with a end, if we are all willing to stay late they first met all the way back in the political coup. JIM enlisted Miguel and work hard. For the sake of the peo- seventh grade. Estrada to figure out what was really ple who sent us here, it can and should JIM was not always all that political. going on down there, and I was happy be done. In fact, those who know him best say to help him travel to Honduras to in- f that one of the most surprising things vestigate in person. JIM soon reported about his career is how such a shy and back that it was instantly obvious it TRIBUTES TO DEPARTING gentle spirit could be viewed by so was not a coup. The story eventually SENATORS many as a take-no-prisoners firebrand. had a happy ending: the Honduran peo- JIM DEMINT As a young marketing executive, he re- ple held a new election and inaugu- Madame President, I would like to calls thinking that he had a wife, kids rated a new president and the Obama speak this morning in tribute to an un- and a business—and that was basically administration grudgingly backed expected addition to the list of retirees his universe. He did not even know who down. But none of this would have hap- on the Republican side of the Senate, his congressman was. To this day, one pened without the leadership of Sen- Senator JIM DEMINT of South Carolina. of the things JIM enjoys doing most is ator DEMINT. ‘‘The senator kept the They say success has many fathers, working on his lawn back in Green- administration honest,’’ Estrada later but it is hard to think of anyone who ville. And while he has gotten his share said. ‘‘He was invaluable.’’ has done more than JIM DEMINT to of awards in Washington over the Senator DEMINT and I share a pro- raise the public’s awareness on spend- years, I don’t think any of them com- found commitment to free speech, and ing and debt, and the threat that big pare with the one his neighborhood as- he has written eloquently on its impor- government poses to our liberties. sociation gave him a few years back for tance for our Nation. ‘‘Good govern- JIM has been a powerful voice for ‘‘best lawn.’’ He is really proud of that ment,’’ he has written, ‘‘is a result of conservatism during his time in the one. freedom debated.’’ He has called the

VerDate Mar 15 2010 05:56 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.003 S19DEPT1 jbell on DSK7SPTVN1PROD with S8158 CONGRESSIONAL RECORD — SENATE December 19, 2012 right to free speech the ‘‘most treas- who have passed on and who made such child health issues such as asthma. ured benefit of living in a free and a difference around here. I have to say Transportation to and from work, the democratic nation.’’ And he has cer- that JIM DEMINT has been a rock- grocery store, and the doctor can be in- tainly exercised that right to the full- ribbed conservative who I think has frequent and unreliable. est both here in the Senate and across made a great difference in this body Programs funded through TANF—the the country. and for whom I have a lot of respect. I Temporary Assistance for Needy Fami- Throughout his political career, JIM have profound gratitude that he has lies Program—provide cash assistance has always been guided by an unwaver- fought as hard as he has for the prin- to families struggling in deep and per- ing commitment to freedom, and I ciples he believes in, most of which I sistent poverty. TANF is a block grant know it is that same commitment to believe in. to States for their use in ending de- defend and enlarge our freedom that I wish him Godspeed as he works over pendence on government benefits and, led him into this next chapter in his at the Heritage Foundation. I can’t more broadly, to promote child well- life. It is this passion to defend free- imagine a better place for somebody being. TANF Programs can also pro- dom, both for Americans here at home who loves the issues, wants to play a vide work support such as transpor- and for our allies around the world, role, has played a role, understands tation assistance and childcare for that has struck a chord with so many this body, understands the political na- families working to get themselves out Americans and helped make JIM a na- ture of this country, and has been very of poverty and into decent-paying jobs. tional figure—not to mention a best- active in trying to change this country In addition to safety net and work sup- selling author. for the better. JIM has those kinds of port programs, TANF also funds a In addition to the fact that he and abilities. I wish him well, and I sure number of child welfare programs that, his staff have helped address more than hope he will have a great time while he when effective, reduce the number of 30,000 constituent inquiries during his is over at the Heritage Foundation. I children in foster care and help keep time here in the Senate, it is also why have great respect for him. I think families together. JIM has remained so popular with his most people who really know him have When TANF was enacted, many constituents back home, and it is why great respect for him. I always respect States used the funding stream in an his colleagues here in the Senate are so people who really do what they believe, effort to move welfare recipients into sad to see him go. and JIM DEMINT has exemplified that work. However, over time the focus of JIM leaves with a legacy. He has been as well as anybody I know. TANF in many of these States has a real champion for limited govern- f shifted from working with job-ready ment and constitutional conservatism TANF adults to a funding stream largely on the national stage. But what has al- dedicated to funding purposes ways guided him most over the years is Mr. HATCH. Madam President, I rise unconnected to job readiness. today to speak about important issues the conviction that most decisions are For many years I have expressed con- facing us as we work to reauthorize the best made at the local level. And cern that nationwide over 50 percent of Temporary Assistance for Needy Fami- whether it is his work with veterans, in able-bodied adults receiving cash as- lies Program, the TANF Program. Pov- promoting adoption, or in reforming sistance are reported to engage in zero erty has risen to a crisis level in our education, that is what he has always hours of work-related activity. Addi- country. In 2011 there were 16.1 million stressed. tionally, I have raised concerns that children in families with incomes So I want to thank the Senator from most States are not able to meet the below the poverty level. South Carolina for his sterling service Federal work-participation rate. This The pernicious effects of poverty to the Palmetto State and to our coun- work-participation rate requires that a have implications for children’s health, try. I wish him and Debbie and the en- State engage half of its cash assistance education, and well-being. Research tire DeMint family all the very best in caseload in specified work-related ac- has demonstrated that there are sig- the years ahead. Godspeed, Senator tivities for a certain number of hours nificant associations between poverty DEMINT. each week. I yield the floor. and problems with children’s health, cognitive development, behavior, emo- If you ask the average middle-class f tional well-being, and school achieve- American how many able-bodied adults receiving welfare should be engaged in RESERVATION OF LEADER TIME ment. These problems are exacerbated work or work-related activities, my The ACTING PRESIDENT pro tem- for families in extreme poverty, where the annual income is less than half of guess is the answer would be all of pore. Under the previous order, the them. It should be shocking to the leadership time is reserved. the poverty level. In 2011 there were over 7 million children in the United American people that most States are f States living in extreme poverty. not able to engage half of their welfare caseloads in such activities. MORNING BUSINESS Poverty is also a risk factor for child abuse and neglect. Data assembled by Furthermore, I have raised concerns The ACTING PRESIDENT pro tem- the Center for Law and Social Policy that there is a considerable amount of pore. Under the previous order, the reveals that poverty is the single best TANF spending on child welfare pro- Senate will be in a period of morning predictor of child maltreatment. Chil- grams that goes unaccounted for and is business for 1 hour with Senators per- dren living in families with annual in- not coordinated with possibly duplica- mitted to speak therein for up to 10 comes below $15,000 were 22 times more tive spending administered by State minutes each, with the time equally di- likely to be abused or neglected than child welfare agencies. vided and controlled between the two those living in families with annual in- Authority for TANF expired at the leaders or their designees, with the Re- comes of $30,000 or more. end of 2010. Unfortunately, although publicans controlling the first half. According to a report from the Chil- this is a matter of serious concern, the The Senator from Utah is recognized. dren’s Defense Fund, ‘‘Children of color Obama administration has never pro- The ACTING PRESIDENT pro tem- continue to suffer disproportionately posed a 5-year reauthorization of the pore. The Senator from Utah. from poverty.’’ The Children’s Defense TANF Program. Instead, on July 12, f Fund cites data showing that more 2012, the Department of Health and than one in three African-American Human Services released a document, TRIBUTE TO DEPARTING children and more than one in three which they inaccurately described as SENATORS Hispanic children were poor in 2011, an ‘‘Information Memorandum,’’ to the JIM DEMINT compared to a 1-in-8 ratio among White States claiming on behalf of the Obama Mr. HATCH. Madam President, I wish non-Hispanic children. administration unprecedented waiver to say a few words about my colleague These families face huge challenges authority over TANF work rules. JIM DEMINT. We have had a lot of real- navigating the bare necessities of daily This action provoked a swift and ly good people during my service here life. Fresh healthy food can be rare. strong condemnation from members of on both sides of the aisle. I have friends Unsafe housing contributes to chronic the legislative branch and rightly so.

VerDate Mar 15 2010 05:56 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.005 S19DEPT1 jbell on DSK7SPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — SENATE S8159 Many Members of Congress believe abuse issues. These barriers to work evidenced by the fact that in the 6 the welfare waiver document con- prevent adults on welfare from having months since HHS granted itself au- stitutes an excessive and unwarranted work-readiness skills. Additionally, in- thority to waive welfare work require- overreach on the part of the executive activity and the lack of attachment to ments, not a single State has applied branch. The Government Account- the workforce can exacerbate mental for one of these waivers. In other ability Office agreed with us and has health and self-medicating tendencies words, any argument that the need for determined that the July 12, 2012, docu- and create a downward spiral for these State flexibility is so urgent that the ment is, in fact, a rule as defined by families, and it can be very hard to re- administration had to bypass Congress the Administrative Procedures Act and verse course. to give it falls by the wayside. Once as such should have been submitted to Over the years, research has consist- again, we see a distraction crumble Congress for review. ently revealed that a work-first ap- under the weight of the facts. Since the welfare waiver is consid- proach to welfare, combining an in- Another distraction raised by sup- ered a rule, like all rules, it is subject tense effort to engage recipients in porters of the administration is com- to a joint resolution of disapproval work-related activities to foster an at- ments from a former House Ways and under the Congressional Review Act. tachment to work with a blended array Means staffer to the press indicating The Senate Parliamentarian agrees of work supports, such as education that he thought additional flexibility with the GAO, and she has advised that and training, has the greatest degree of for States might not be a bad idea. Of for purposes of the CRA, that is, the success in getting clients off of welfare. course, this same staffer also said that Congressional Review Act, this rule The reason I am so vehemently op- unilaterally establishing these waivers should be considered to have been re- posed to the administration’s scheme without consulting Congress was not ceived by Congress on September 10, to undermine the welfare work require- the way to go. If that is the best expert 2012, even though the administration ments is that I believe it will hinder, opinion supporters of the administra- failed to submit it as required by law. not help, the effort to get adults off tion can come up with to support this The CRA provides the Senate with a welfare and into the workforce. Put shift in policy, they have clearly failed procedure for expedited consideration simply, allowing activities that are not to make their case. Once we cut through all of these dis- and a vote on a resolution of dis- work to count as work will not get peo- tractions the administration and its al- approval during a certain window of ple off welfare. lies have tried to throw in our path, we time so long as at least 30 Senators The administration and their apolo- are left again with the heart of the have signed a discharge petition to gists have not even tried to make a matter. The Obama administration is bring the resolution to the floor. I have policy case for their non-work-first ap- trying to bypass Congress and enact introduced such a resolution, S.J. Res. proach. Instead, apologists of the ad- policies that are not provided for under 50, which provides for congressional ministration’s welfare waiver rule gen- current law. Whether or not one agrees disapproval of the rule submitted by erally attempt to obfuscate and dis- with the administration’s change in the Department of Health and Human tract from the fact that the Obama ad- policy, that simple fact remains and we ministration granted themselves waiv- Services relating to the authority to ought to stand up for the prerogatives er authority to bypass the legislative waive Federal welfare work require- of the legislative branch. That is why ments under section 407 of the Social branch with the goal of weakening wel- we have three separate branches of Security Act. Having introduced it fare requirements. government, so that we have some Let’s take a look at some of their ar- within the required timeframe under checks and some balances in our soci- guments. Right out of the gates, sup- the CRA and having obtained enough ety. signatures on a discharge petition, it is porters of the administration’s policy As a Member of the Senate, I simply within my rights as a Senator to call argue that members of the legislative cannot stand by and watch the admin- for a vote on my resolution prior to the branch asserting their rights in the istration undermine the relevance of Senate’s adjournment this year. face of executive overreach were sim- the legislative branch. I cannot stand Now, I am not naive, nor am I overly ply trying to give the Romney-Ryan by and see Members of the House of idealistic. I am well aware that the campaign an issue. Representatives who have worked for vote on S.J. Res. 50 would likely fall Well, in case anyone hasn’t heard, years to develop expertise on welfare along party lines, and this is dis- the country recently held an election, policy turned into potted plants. appointing. It is clear that the admin- and President Obama was reelected. But there is more than one way to istration’s purpose in granting them- There is no longer a Romney-Ryan stand up for the U.S. Congress. The selves this waiver authority is to un- campaign, so that distraction falls country has been through an exhaus- dermine a work-first approach to get- away. tive and highly partisan election. Some ting welfare recipients or clients off Apologists of the executive overreach call it a status quo election. The coun- the rolls. This has been the desire of have also tried to muddy the issue by try has elected a Democrat to the many critics of Clinton-era welfare re- suggesting that the administration is White House and sent back a divided forms since they were enacted. giving the States what they asked for. Congress. No one side can claim a man- The administration has not been For example—and I take this a little date, in my opinion, and I think in the forthcoming at all about what they personally—in an effort to create a opinion of most people. What the want to substitute for a work-first ap- false justification for their power grab, American people want is for Democrats proach. In the past, absent strong Fed- the Obama administration has repeat- and Republicans and the President to eral performance standards, States edly misrepresented the views of the work together to get things done for have allowed activities such as State of Utah. It is true that when the American people, and get things journaling, exercise, or assisting a asked by the administration what they done right for the American people. neighbor, just to name a few, to count wanted in a TANF reauthorization, One of the things we need to get done as work for the purposes of welfare eli- some States indicated the desire for is a comprehensive overhaul and reau- gibility. more flexibility, but there was never thorization of TANF. Welfare-work re- Here is why I have such a problem any indication that the States wanted quirements need to be updated and with this shift in policy: I believe most the administration to go around Con- strengthened, certain loopholes need to people receiving welfare are unhappy gress to provide this flexibility. be closed, and there must be increased with their situation and want to be According to the Government Ac- transparency and accountability rel- able to work. Even with assistance, countability Office, between 2000 and ative to TANF spending on child wel- families trying to survive on cash-as- 2009—during the Clinton, Bush, and fare programs and services. sistance welfare are living in des- even the Obama administration—HHS In order to begin bringing all sides perately impoverished circumstances. consistently told States that they had together, particularly after such an ac- The reasons some families have to go no waiver authority under TANF. So rimonious political period, someone on welfare can be, of course, com- States naturally and rightly assumed must make the first move. Therefore, plicated. Many adults on welfare strug- that any requests for waivers would as an act of good faith, in order to fa- gle with mental health and substance have to go through Congress. This is cilitate a collegial bipartisan working

VerDate Mar 15 2010 05:56 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.007 S19DEPT1 jbell on DSK7SPTVN1PROD with S8160 CONGRESSIONAL RECORD — SENATE December 19, 2012 relationship on TANF, I am putting my challenges and deep and persistent pov- The ACTING PRESIDENT pro tem- colleagues on notice that earlier today erty. We can begin to meet this moral pore. Without objection, it is so or- I sent President Obama a letter inform- obligation by strengthening and im- dered. ing him that I will not insist on a vote proving the TANF Programs for the Mr. WHITEHOUSE. Madam Presi- on my resolution of disapproval during working poor, the middle class, and dent, I ask unanimous consent to speak this session of Congress. In the spirit of children in the child welfare system. in morning business for up to 15 min- compromise and bipartisanship, I have In America today we have women utes. asked President Obama to respond to who take their children with them The ACTING PRESIDENT pro tem- my action by instructing Health and rummaging through trash cans, hoping pore. Without objection, it is so or- Human Services Secretary Kathleen to find discarded soda cans so they can dered. Sebelius to withdraw the welfare waiv- sell them back to stores. In America f er rule and submit a 5-year TANF reau- today we have families who every CLIMATE CHANGE thorization proposal to the Congress. If month must make painful decisions there are aspects of the welfare waiver about whether to buy food or medicine Mr. WHITEHOUSE. Madam Presi- rule the administration wishes us to or whether to pay to heat their home dent, in every corner of the globe— consider, I hope they will include them or put gas in their car. Many single from pole to pole, and from the top of in their proposal so they can be de- moms have no good choices when it our atmosphere to the depths of our bated and negotiated here in Congress. comes to providing childcare for their oceans—we see evidence of the funda- I have written to the President and children while they attempt to find mental changes that are taking place told him I am committed to working work. I can think of no group of Ameri- across our Earth. with his administration as well as cans more deserving of having the Sen- In 2012, North America experienced a Chairman CAMP and Chairman BAUCUS ate’s time and attention directed to- number of unusually severe events and to enact comprehensive and meaning- ward crafting policies designed to help passed several ominous milestones. ful welfare reauthorization early on in improve their lives. These episodes have driven a shift in the 113th Congress. I made this offer to If my colleagues look over my past 36 attitude—a realization, really, among President Obama with good will and in years, I have been there for these Americans. As we head home for the good faith. However, if the President Americans. I was there in enacting holidays this year, each of us is likely rebuffs my overture, the Congressional TANF. I was there on a number of child to find back in our home States that Review Act will afford me this oppor- welfare programs. I was there on the more and more people are convinced tunity for another vote on a resolution Child Care and Development Block that climate change is happening, and of disapproval next year. This is be- Grant. I was there on the Americans that it is deadly serious. Here are just some of the extraor- cause even if the Senate meets in legis- With Disabilities Act, and countless dinary events that occurred as we look lative session every day until January other bills. These bills I worked on back on this year, 2012. 3—including Christmas Eve, Christmas have helped to make a difference. Day, New Year’s Eve, New Year’s Day, January 2012 was the fourth warmest But I am concerned that increas- and all weekends—there will not have January experienced in the contiguous ingly, we are becoming a welfare soci- been 60 session days between the date United States since we began keeping ety. A lot of people aren’t going to go the welfare waiver rule is deemed to records. And we began keeping records to work, and every time, every quarter, have been submitted to the Senate and in 1895. By the end of January, we find more and more people who the convening of the 113th Congress. snowpack in the Sierra Nevada Moun- won’t even look for a job anymore. Since the 112th Congress will end be- tains was 50 percent less than normal. That is not the way to run a great fore the full 60-session-day period has February 2012 marked the end of the country. That is not the way to help elapsed, the Congressional Review Act fourth warmest winter on record—an people to be self-sufficient, it is not the provides for another 60-day period to above-average start to the year but not way to help people to be self-reliant, act on a disapproval resolution regard- extremely so. and it is not the way to keep a country ing this rule in 2013. I hope it doesn’t Then this happened: March 2012. great. come to that. Therefore, if President March 2012 was the warmest March on Obama does not withdraw the welfare This is an important issue. I believe record. Every State in the Nation expe- waiver rule, submit a 5-year TANF re- everybody in the Senate ought to stand rienced a record daily high tempera- authorization plan, and then work with up for the rights of the Congress. And ture in March. There were 21 instances Congress to enact meaningful, com- I believe the President can show great of nighttime temperatures—nighttime prehensive welfare reform that good will here if he would do what I temperatures—being as warm or warm- strengthens work requirements and have suggested, which I think my er than the existing daytime record provides for improved accountability of Democratic colleagues would appre- temperature. TANF spending, I will be right back ciate as well, and that is send up the 5- It was also in March that a Univer- here in a few months exercising my year reauthorization of TANF and of sity of Texas poll asked respondents if right to demand a vote on a new reso- course withdraw that particular ap- they thought climate change was oc- lution of disapproval under the Con- proach toward waivers that literally curring. Madam President, 83 percent gressional Review Act. should not ever be granted without of Democrats said yes; 60 percent of I sincerely hope it does not come to congressional consent. I think the Independents said yes; 45 percent of Re- that. As my colleagues know, I have a President would come a long way by publicans said yes. long history of forging bipartisan com- doing that and it would mean a lot to As 2012 went on, things did not slow promises on welfare, among many me personally. Let’s hope we can get down much for the lower 48 States. other things. I was a key player during the President to consider these re- April 2012 would become the third the 1996 consideration of welfare re- marks this day because they have been warmest April on record. I came to the form that was passed by a Republican delivered in good faith, hoping we will floor in April to speak about another Congress and signed by a Democratic find solutions to these problems and, milestone surpassed that month. For President. In 2002, Senator Breaux and above all, hoping we can help our peo- the first time—for the first time—one I worked with Republicans and Demo- ple. of NOAA’s remote monitoring sites— crats to draft the so-called Madam President, I suggest the ab- this one in the Arctic—recorded a con- ‘‘tripartisan’’ agreement on welfare re- sence of a quorum. centration of 400 parts per million of authorization. I stand willing to work The ACTING PRESIDENT pro tem- carbon dioxide in the Earth’s atmos- again on a bipartisan basis on this im- pore. The clerk will call the roll. phere, crushing records that go back portant issue at this most critical The legislative clerk proceeded to 8,000 centuries. For 8,000 centuries time. call the roll. mankind has inhabited a planet with As Members of Congress, I believe we Mr. WHITEHOUSE. Madam Presi- an atmosphere with carbon concentra- have a moral obligation to do what we dent, I ask unanimous consent that the tion being 170 and 300 parts per million. can to help those facing staggering order for the quorum call be rescinded. We have broken out of that. For the

VerDate Mar 15 2010 05:56 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.009 S19DEPT1 jbell on DSK7SPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — SENATE S8161 first time, in April, we hit 400 parts per the Senate we are working to approve est calendar year on record for the con- million. a $60 billion aid package which will tiguous United States. December would By May, it was no surprise that help restore that damage. have to be one full degree Fahrenheit spring 2012 was a full 2 degrees Fahr- HAZARD MITIGATION colder than the coldest December on enheit warmer than the next warmest Let me step aside of my climate re- record to prevent that from happening spring in recorded history. May was marks and speak for 1 minute to that and make up for the exceptionally hot the second warmest ever. because as we consider this supple- first 8 months of the year. June was only the eighth warmest mental appropriations bill, long-term The overwhelming majority of sci- June, but it officially marked the end mitigation must be part of this discus- entific research indicates that these of the warmest 12-month period the sion. We should not replace and rebuild observed changes in the Earth’s atmos- United States of America has ever ex- what was damaged just as it was. We phere are the direct result of human perienced. need to replace and rebuild smarter. activity; namely, the emission of car- Across the lower 48, July was not Sandy is a preview of what is to come. bon dioxide from the burning of fossil only the warmest July on record, it Infrastructure that failed or flooded fuels. was the all-time warmest month in should be replaced to higher standards; Just last week, Dr. James Powell, America in recorded history. According at-risk roads, wastewater treatment former Reagan and George H.W. Bush to the U.S. Drought Monitor, 62.9 per- plants, and other utilities need to be appointee to the National Science cent of the contiguous U.S. was experi- relocated to safer places. Board, released a new review of the sci- encing moderate to exceptional If disaster strikes, as it has, and we entific literature, in which he searched drought by the end of the month—near- do not plan ahead, as we are being for articles that expressly reject ly two-thirds. Madam President, 62.9 urged not to, we will squander Federal human-caused global warming or pro- percent was experiencing moderate to dollars. A 2005 study by the National pose an alternate explanation. He exceptional drought as a result of this Institute of Building Sciences showed looked at 13,950 peer-reviewed climate being the all-time warmest month. FEMA hazard mitigation efforts yield- articles—nearly 14,000 peer-reviewed As the mercury climbed in July, so ed an average cost-benefit ratio of 4 to climate articles. Madam President, did agreement among Americans on 1—$4 saved for every $1 spent. Let’s not 24—24—either rejected global warming the crisis of climate change. That Uni- be foolish. trends or denied the human contribu- versity of Texas poll was taken again, A prime example of this sort of smart tion to warming. and the percentage of Democrats con- planning was in the Acting President I am not even sure if viewers looking vinced of global climate change had pro tempore’s home State at Point at this on C–SPAN can see it, but on risen to 87 percent in July, up from 83 Lookout, Lido Beach, and Atlantic this circle pie graph I have in the percent in March. Among Independ- Beach. These communities invested in Chamber, this little red line depicts the ents, the percentage went from 60 per- sand dune buffers—sand dune habitat 24 articles out of the 14,000. It is a tiny cent up to 72 percent. And Republican buffers. When Sandy came, they suf- fringe. The science is clear, and more and believers in climate change became a fered relatively little damage com- more Americans accept that the majority. They went from 45 percent to pared to nearby Long Beach, which had decided against maintaining a sand science is clear behind climate change. 53 percent. By August we had experienced the dune buffer and ended up with an esti- An AP poll out just last week found that 78 percent of Americans accept third hottest summer in the history of mated $200 million in property and in- the reality of climate change. the continental United States. In the frastructure damage. Coastal wetlands act like sponges The findings, like the University of West, 3.6 million acres were ablaze with during flooding events. They absorb Texas poll, break it down by political wildfires—nearly twice the August av- water. They dissipate wave energy. party: 83 percent of Democrats, 77 per- erage, and the most in the 12-year pe- They protect against storm surge. cent of Independents, and 70 percent of riod of record. They are an important part of our Republicans. So the real debate in this August also brought bad news from coastal defenses in coastal States. Nat- country is not whether humans are al- the North. The University of Colo- ural dune systems on barrier islands tering our climate but how severely we rado’s National Snow and Ice Data and beaches do the same. They are part will do so and how as a society we will Center and NASA announced that Arc- of our natural defense against coastal respond to this challenge. tic sea ice had reached a record low storms. These natural defenses must be Although some Members of this area of 1.58 million square miles—near- protected and strengthened for our fu- Chamber continue to deny the exist- ly 70,000 square miles smaller than the ture safety. And I hope that even Sen- ence of climate change, Americans are previous modern record low. Over the ators who come from landlocked States aware that our Nation is vulnerable to past three decades, average annual can appreciate what this means in extreme weather events. They are temperatures had increased twice as coastal States. aware that climate change loads the much over the Arctic as over the rest So back to Sandy. While it is impos- dice. They are aware that carbon pollu- of the world. The average extent of the sible to say specifically that climate tion continues unabated, and they are Arctic sea ice has declined by 25 to 30 change caused Superstorm Sandy, we aware that Congress has failed to act. percent in that time, and the rate of know that warmer oceans, warmer, The public is ready for us to take ac- decline is accelerating. moister air, and higher sea level all add tion, but we are not. We are, as I have September 2012. September 2012 was to the power and danger of these ex- said in a previous speech, sleepwalking. the 16th month in a row that the con- treme storms. We know that climate As Congress sleepwalks, Americans ac- tiguous United States recorded an change ‘‘loads the dice’’ for such tually are taking action on their own. above 20th century average tempera- storms. In coordination with the nonprofit or- ture. Madam President, 2012 marched us ganization 350.org, for example, stu- October finally ended that record past even more portentous milestones. dents at more than 150 colleges and streak with a temperature across the NOAA reported that November 2012 was universities across the country are lower 48 that was 0.3 degrees Fahr- the 333rd month in a row—the 333rd pressing those institutions to sell off enheit below the long-term average. month in a row—that the global the portions of their endowment port- But October also brought us, as the monthly temperature was above the folios that are invested in fossil fuel Acting President pro tempore so well 20th century average. The Earth has companies. These students are implor- knows, Hurricane Sandy, Superstorm not seen a single month below 20th cen- ing their schools to weigh the real cost Sandy. It was the largest Atlantic hur- tury average temperatures since Feb- of climate change against the drive for ricane on record, claiming more than ruary of 1985. Some of these interns greater financial returns and divest 100 lives, and the second costliest. The and pages here were born after that. from the polluters. cleanup in my home State of Rhode Is- They have lived their entire lives in This type of divestment campaign land and across the east coast—I know that environment. was employed effectively in the 1980s to most agonizingly in New York and New According to the National Climate pull investment from South Africa dur- Jersey—is still underway. This week in Data Center, 2012 is set to be the warm- ing apartheid. With American college

VerDate Mar 15 2010 05:56 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.011 S19DEPT1 jbell on DSK7SPTVN1PROD with S8162 CONGRESSIONAL RECORD — SENATE December 19, 2012 and university endowments estimated you, help you, his interest in finding At that moment he was pretty proud to total more than $400 billion, this common ground, his decency, his hon- of himself, very patriotic. I am a good movement by students deserves signifi- esty, his forthrightness, and his dedica- shot. I am an American. I got that Ger- cant attention. tion to service is unsurpassed. man. They were engaged with the In the Senate key legislation such as Someone pointed out to me that enemy frequently. He shot a few more the Water Resources Development Act when Dan was first chairman of the Germans. One time he stormed a tower. must reflect the reality that our cli- House Appropriations Committee, he There was a machine gunner up in the mate and environment are changing, passed all of the measures through his tower. Danny rushed up. Prior to that that we need to prepare for these committee virtually unanimously. We time, one of the solders threw a gre- changes. We should take direct legisla- should stop and think about that for nade or shot a bazooka. It blew up tive action to mitigate climate change. just a second. This place is now so po- most of the Germans there in that We should defend the administration’s larized, it is so difficult to get meas- tower. carbon pollution standards which will ures passed. But Dan, as committee Danny stormed up the stairway, got require new and existing powerplants chairman, worked with his members so up there and there was one still alive. to clean up their smokestacks. virtually every bill in his first year was Danny’s immediate reaction was to use The United States must support the passed unanimously. There was one the butt of his gun to hit the soldier so Department of Defense, the world’s sin- that was 29 to 1. the soldier could not shoot him. Well, gle largest consumer of oil, as a leader If only we would stop and reflect on at that moment, the soldier then in energy efficiency and alternative that a bit, it would help us to work bet- reached into his pocket and pulled out fuel development for our national secu- ter together. Dan also worked very photographs, photographs of the sol- rity sake. We must extend the produc- closely with Ted Stevens. One time Ted dier’s family, the soldier’s mother, the tion tax credit as our colleague, Sen- was chairman of the Appropriations soldier’s brothers and sisters and chil- ator MARK UDALL of Colorado, has so Committee, another time the ranking dren. often and so eloquently pressed us to member. The two of them worked very Danny, in that instant, it was like an do. The American Wind Energy Asso- closely together to get measures passed epiphany. He then realized he was not ciation is pushing for a 6-year exten- through the Appropriations Com- shooting the enemy, he was not shoot- sion of the production tax credit to mittee. Other committees do the same; ing soldiers, he was not racking up sta- grow a vibrant wind power industry in the chairman and the ranking member tistics, he was killing people, a person, America. work well together. Regrettably, those a real live person. It hit him so hard he A greener economy provides a clean- measures then come out to the floor then decided he had to leave. He had to er and safer future for Americans. More and become very polarized. That toxic stop this. He could not go on killing dynamic of this echo chamber, Wash- Americans already work in the green people. industries than in the fossil fuels in- ington, DC, takes over once measures He went to the chaplain and said: dustry. A Brookings Institution report get on the floor. Chaplain, I have to leave. Everyone will talk about Danny as a found the clean economy employs 2.7 The chaplain said: Well, I under- military hero. He certainly was in so million workers. That is manufac- stand. That is your right. But maybe it many respects. When Pearl Harbor was turing and exports, the kind of jobs is best if you stay in the service. bombed, he tried to sign up, and he was Danny stayed. Danny said a lot of that support a strong middle class. But refused because he was Japanese Amer- people count sheep going to sleep at in Congress we are sleepwalking ican. The Japanese were the enemy. night. Danny stayed awake at night. through history. We are sleepwalking But he and others petitioned the Presi- He could not sleep. He was counting through history, and we must wake up; dent and he was able to finally sign up. awaken to our duties, awaken to our Danny served his country, our coun- the soldiers he shot and killed, and responsibilities, awaken to the plain try, fully over in Italy, losing an arm. that had a huge, profound effect on facts that lay all around us if only we He was such a hero, storming several him. would open our eyes and see them. German machine-gunner nests. He was Years later, the Senate was debating The public has every reason to want so brave because he was American. He the Iraq war resolution. Senator Byrd to grab us and give us a good shake. We was fighting for his country. walked up to Senator Inouye. Senator are sleepwalking through this era, Some may have mentioned, or some Byrd, as we will recall, was very much lulled as we sleepwalk by the narcotics might in the future mention, Danny’s opposed to the United States entering of corporate money, corporate money statement to many of us who went to a the war in Iraq. He stood up on the out of the polluters and their allies. We Prayer Breakfast a few months ago. Senate floor and very eloquently ex- are lulled by the narcotics of manufac- Dan did not ever go to any Prayer plained why it was the wrong thing to tured doubt planted in a campaign of Breakfasts, but he went to one. He do—the United States should not send disinformation by those same polluters wanted to explain why he did some- troops over to Iraq. and allies. But history is calling us thing. It was one of the more touching Well, Senator Byrd walked over to loudly and clearly. History is shouting moments in my memory here. It is Danny and said: Danny, I have to ask in our ears. We are oblivious, sleep- when Danny went through a bit of his you if you can support this resolution. walking along. life, explaining how he was—in Hawaii, I know you cannot because, my gosh, The people across the country and in a foster home or an orphanage, you are a war hero and given your mili- around the world are counting on us. something similar to that, and a bishop tary service. They are imploring us. We have respon- would come by monthly to each of the Danny right away said: Oh, no, I will sibilities to them. Yet in Congress, we young children, and say: What can I do vote with you because it is the right ignore the facts. We ignore our duties. for you, young lady; you, young man? thing to do. It is wrong for the United We sleepwalk on. It is irresponsible and Danny right away said: I want a States to send troops over to Iraq. it is wrong. home. And Danny explained how he Danny said it was largely because of I yield the floor. then went to live in the Security home, that experience, when that soldier The ACTING PRESIDENT pro tem- raised by nuns. That went a long way reached in his pocket and showed him pore. The Senator from Montana. to help Danny appreciate and under- photographs of his family, that it just f stand decency, working together, com- changed him. It changed Danny and munity. It meant a lot to him. made Danny realize the importance of REMEMBERING DANIEL K. INOUYE Later, at Pearl Harbor he wanted to not going to war unless it is abso- Mr. BAUCUS. Madam President, I sign up. He did and served. But when he lutely, totally necessary, and going to would like to say a few words about our explained all of this to us, he then Iraq was not necessary. close, beloved friend, colleague, Danny mentioned how he stormed—he was a I was so impressed with Danny in so Inouye. I am hard pressed to think of very good shot. He was an excellent many different ways. When I was first anyone in this body I respected and shot. He was a marksman. He was a here, Danny was assigned to defend loved more than Danny Inouye. His sharpshooter. He recounted the first Harrison Williams who was charged broad smile, his desire to work with German he shot and killed in Italy. with ABSCAM violations. I remember,

VerDate Mar 15 2010 05:56 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.013 S19DEPT1 jbell on DSK7SPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — SENATE S8163 right over here on the side over here, There is a preface, written by Sen- ican people. Sometimes I am for help- Danny set up; that was his responsi- ator Mike Mansfield, at the beginning ing other nations around the world, but bility as a lawyer on the floor to defend of the book, and I would like to read after a natural disaster, while we have Senator Williams. I was stunned at this preface. It summarizes Danny. been busy rebuilding Afghanistan, how Danny’s presentation. It was so good. The life of Danny Inouye has carried him about if we rebuild New York, New Jer- It was so thoughtful. He spoke with from the streets of Honolulu into war, into sey. How about getting my commu- such authority. Sure, he was a lawyer law and political leadership in Hawaii, and, nities up and running along the coast doing what lawyers are supposed to do, now, into the Senate of the United States as of the Chesapeake Bay and commu- but as I said, it was stunning. He was the first American Senator of Japanese an- nities such as Crisfield. These people an amazing man. It may be kind of a cestry. Dan Inouye’s life is a personal tri- are not asking for a handout; they are umph, a triumph of a man’s courage and de- small thing. It may not be something termination. But his triumph is, in the end, asking for a hand up. These are the that is repeated terribly often on the the triumph of America. The recognition American citizens who pay their taxes floor of the Senate, but I was stunned which has come to Dan Inouye, like others on time. Then why doesn’t the Senate at how good he was. Other things I before him, reveals the resilient capacity of act on time? I am deeply frustrated by have also dealt with him personally on, this nation for replenishment, with energy the inertia and the parliamentary matters dealing with the Appropria- and wisdom drawn from the many roadblocks for nothing. tions Committee and sometimes on wellsprings of the human race. The story of Look what this would mean. We matters dealing with Montana. Daniel Ken Inouye, an American, is, in could show hope and help. Actually, truth, an enduring chapter in the story of I was really honored; we have this America. along the way, the very things we will tradition around here called the secret do will be creating jobs in the local Santa where we give presents secretly So, Danny, aloha. community because this is physical re- The ACTING PRESIDENT pro tem- to one of our colleagues. I drew Danny construction—and, I might add, the re- pore. The Senator from Maryland. Inouye’s name. I was Danny’s secret construction of human lives. Ms. MIKULSKI. Madam President, I Santa. I thought: My gosh, what am I The Senator from New York knows ask unanimous consent to speak as in going to do to sufficiently honor so well; she told me the moving stories morning business. Danny? of the firefighters themselves, our gal- The ACTING PRESIDENT pro tem- I thought a little bit. Years ago there lant first responders who suffered ter- pore. Without objection, it is so or- was something in Montana called the rible fires in their own home commu- dered. Devil’s Brigade. During World War II nities. What a horrible thing. I know if Ms. MIKULSKI. I would like to com- the U.S. military joined with Cana- the Presiding Officer came over with pliment the Senator from Montana on dians and set up secret training for me to the Eastern Shore and went his deeply moving and so personal rugged men, mountaineers, miners and down to the community of Crisfield, reminiscences. It was both touching loggers, and so forth to go over to Eu- she would be touched. This is a wonder- and manly. Thank you very much. It rope and help fight the war. ful community, but they have had It is interesting, this is a precursor was inspirational. some hard times. They have a 94-per- to all of special operations: Navy HURRICANE SANDY cent unemployment rate. Our agri- SEALs and Rangers and all of the spe- Madam President, I come to the culture and our seafood industries have cial operations sprung from this secret, floor—and I am so glad the Senator been hit by drought and declining spe- joint U.S.-Canadian effort in Montana. from New York is the Presiding Offi- cies. Our industries have been hard hit. It was called the Devil’s Brigade. cer—because here we are, the Chamber In these rural areas, these homes have They went over in their first big op- is vacant. It looks like the Senate is been in these communities for genera- eration to scale a cliff that was outside not moving. The Presiding Officer is a tion after generation after generation. Rome, a hill held by the Germans. The Senator from New York, along with The western shore lobbyists who Germans thought no way in the world Senator SCHUMER. I am a Senator from come in or appraisers who are looking would someone come up the cliff, so we Maryland, and we have been hit by a for Gucci waterfront property might will not defend the cliff. hurricane. We have been hit by Hurri- value these small, tidy, well-main- Sure enough, the Devil’s Brigade cane Sandy. tained homes for appraisal value, but climbed that cliff at night. They beat I come to the floor to say, as we re- the appraisal was in the hearts of my the Germans up on the top. I thought flect on the life and times of Senator people of Crisfield. Generations have this was a great gift for Danny since Danny Inouye, we should also reflect lived there. Generations have worked World War II and Italy meant so much on his work, which is to move appro- there. Generations have sent their sons for him. priations bills in a timely way—and to fight the wars—and now their But, regretfully, when I went to the particularly when that appropriations daughters. All they want is for their little ceremony, Danny was not there bill deals with the supplemental appro- country to help them rebuild, get the and I could not give him my Secret priations to meet the compelling mold out, get some assistance coming Santa gift—but it is a small thing. As human needs of our communities and in so they can buy their crab pots and I walked over here, the secretary in my our people when they have suffered a get back to work. They want their office said: Senator, you should see natural disaster. homes. They want to get their lives this. A letter came in today, just The clock is ticking. We have busi- back, and they want to get their liveli- today, this morning. It is from Danny, nesses that need to restart. We have hoods back. and it was wishing me happy birthday. homes that need to be rebuilt. In my What do we have here? Inertia. My birthday is 4 days after Pearl Har- own State of Maryland, we had a dou- When all is said and done, I am very bor, and it just poignantly hit me. This ble whammy. As the hurricane came tired that more gets said than gets was something thoughtful Danny did. forth on our coastal areas along the be- done. This is the time to act. My con- He did it himself. It wasn’t an office loved Chesapeake Bay and the Atlantic stituents truly need help, and we have letter. It was something he wrote him- Ocean, we were hit by the hurricane. been here. self. Then up in western Maryland, Garrett I am going to congratulate Senator I will just finish. There were a lot of County, called the Switzerland of MURRAY and Senator LANDRIEU, who things about Danny, but the one thing Maryland, we were hit by a blizzard—a chair the subcommittees in Appropria- I think that is so appropriate, again, blizzard. tions on FEMA and THUD because it Dan was such a statesman. He was be- Where are we now? It has been days. will be FEMA money and community loved, obviously a hero, and all the The TV cameras have left, but the development block grant money that things we like to talk about. compelling human need has not. will help these communities. Now we I would like to read a little excerpt What is the Senate facing? Inertia, are going to need the Corps of Engi- from a book. It is a preface Dan wrote. parliamentary roadblocks, and we are neers for beach replenishment, public Dan wrote his own personal history. It fussing about the budget. I believe we investments that will protect private is a ‘‘Journey to Washington’’ by Sen- need to have a more frugal, sensible property. It has been 2 months since ator Danny Inouye. government, but these are the Amer- Sandy, 2 months. Surely, we can act.

VerDate Mar 15 2010 05:56 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.014 S19DEPT1 jbell on DSK7SPTVN1PROD with S8164 CONGRESSIONAL RECORD — SENATE December 19, 2012 The President has made a request. Nation is supposed to come together. The ACTING PRESIDENT pro tem- Yes, it is a hefty $60 billion. But look We are the United States of America. pore. The Senator from New Mexico. at who was hit, a big city that is one of We are not the State of New York, the Mr. BINGAMAN. I thank my col- the heartbeats of America, New York, State of Maryland, the State of league Senator LEAHY. and a little community such as Vermont; we are the United States of Madam President, what is the pend- Crisfield. But no matter whether some- America. ing business before the Senate now? Is one lives in New York City or in We have come together as a country. it an amendment to this legislation? Crisfield, MD, they deserve the help Whether the disaster has been in Cali- The ACTING PRESIDENT pro tem- from their government. fornia, on the east coast or in Southern pore. Amendment No. 3371 is the pend- I say to my colleagues, let us think States or in the West, we come to- ing business. of the people we were sent to represent. gether, and that is what we are trying AMENDMENT NO. 3344 We weren’t sent to represent a bottom to do. I would defy any Senator who Mr. BINGAMAN. Madam President, I line; we were sent to represent people. has worried about coming together to ask unanimous consent that the pend- I would hope we would put into place, help these people to go to one of the ing amendment be set aside and that I that we would pass the President’s re- homes. Go to one of the homes on Long be permitted to call up amendment No. quest. We have great policies that were Island. Go to one of the homes that has 3344 and ask for its immediate consid- arrived at—and if you truly want to been devastated. Go to one of the busi- eration. honor Senator Inouye, let us honor his nesses where we have a couple who The ACTING PRESIDENT pro tem- own code of conduct, a gentle way, a spent their whole life building up their pore. Without objection, it is so or- civil way, a consensus builder, a bipar- business, hoping to have something to dered. tisan builder, and a worker to move leave to their children, and now they The clerk will report the amendment. this bill. are looking at rubble. Come on. These The assistant legislative clerk read Senator Inouye chaired the full Com- are real people. This is the United as follows: mittee on Appropriations these last States of America. The Senator from New Mexico [Mr. BINGA- couple years. His own staff shared a I suggest the absence of a quorum. MAN], for himself, Mr. WEBB, and Mr. WYDEN, story with me, and it is relevant today. The ACTING PRESIDENT pro tem- proposes an amendment numbered 3344. He said: I chaired the Defense sub- pore. The clerk will call the roll. Mr. BINGAMAN. I ask unanimous committee, and that is how the Federal The assistant legislative clerk pro- consent that further reading of the budget defends America. But my other ceeded to call the roll. amendment be dispensed with. committees, like Labor-HHS—and I Mr. LEAHY. Madam President, I ask The ACTING PRESIDENT pro tem- might add housing, Federal disaster as- unanimous consent that the order for pore. Without objection, it is so or- sistance—is how we define ourselves. the quorum call be rescinded. dered. So those who say let us make sure we The ACTING PRESIDENT pro tem- The amendment is as follows: defend America, let us also make sure pore. Without objection, it is so or- (Purpose: To provide for the approval of an we put the money in the Federal budg- dered. agreement between the United States and et on how it defines America. f the Republic of Palau in response to Super The way we define America is when CONCLUSION OF MORNING Typhoon Bopha) one community is hit, all communities BUSINESS At the appropriate place, insert the fol- are hit. If New York is hit, Crisfield or lowing: Ocean City, all communities have been The ACTING PRESIDENT pro tem- SEC. ll. APPROVAL OF THE 2010 U.S.-PALAU hit. We need to act like the United pore. Morning business is closed. AGREEMENT IN RESPONSE TO States of America because the disaster f SUPER TYPHOON BOPHA. (a) IN GENERAL.—The agreement entitled the Chair and I faced 2 months ago DEPARTMENT OF DEFENSE could be somebody else’s disaster to- ‘‘The Agreement Between the Government of APPROPRIATIONS ACT the United States of America and the Gov- morrow. And the real disaster should ernment of the Republic of Palau Following not be in the Senate because we failed The ACTING PRESIDENT pro tem- pore. Under the previous order, the the Compact of Free Association Section 432 to act. Review’’ signed on September 3, 2010 (includ- I call my colleagues to the floor, and Senate will resume consideration of ing the appendices to the agreement) (re- I call them forth to pass these appro- H.R. 1, which the clerk will report by ferred to in this section as the ‘‘Agreement’’) priations. I look forward again to title. is approved (other than Article 7 to the ex- working on both sides of the aisle to The assistant legislative clerk read tent it extends Article X of the Federal Pro- have a safer country from either a de- as follows: grams and Services Agreement) and may A bill (H.R. 1) making appropriations for only enter into force after the Secretary of fense or a disaster perspective, and I State, in coordination with the Secretary of also look forward to moving this bill in the Department of Defense and the other de- partments and agencies of the Government the Interior, enters into an implementing ar- a way that we will define our country, for the fiscal year ending September 30, 2011, rangement with the Republic of Palau that that we are a country that helps, and for other purposes. makes the adjustments to dates and neighbor helping neighbor. amounts as set forth in Senate Amendment Pending: I yield the floor. 3331. Mr. LEAHY. Madam President, I Leahy (for Inouye) amendment No. 3338, in (b) AMENDMENT.—Section 105(f)(1)(B)(ix) of wish to praise the senior Senator from the nature of a substitute. the Compact of Free Association Amend- Leahy (for Inouye) amendment No. 3339 (to Maryland. I was out here listening to ments Act of 2003 (48 U.S. C. 1921d(f)(1)(B)(ix)) amendment No. 3338), of a perfecting nature. is amended by striking ‘‘2009’’ and inserting what she said but not just the words. Merkley amendment No. 3367 (to amend- ‘‘2024’’. She believes them. It is a passion. She ment No. 3338), to extend certain supple- (c) FUNDING.— cares. mental agricultural disaster assistance pro- (1) IN GENERAL.—There are appropriated to She and I have served on the Appro- grams. the Secretary of the Interior such sums as priations Committee for about 100 or McCain/Coburn amendment No. 3355 (to are specified to carry out sections 1, 2(a), 200 years, I think. She was a child when amendment No. 3338), to strike funding for 4(a), and 5 of the Agreement for each of fiscal the Emergency Forest Restoration Program. years 2014 through 2024. she went there, but we have served Tester amendment No. 3350 (to amendment there together. We both have lost one (2) AVAILABILITY.—Amounts appropriated No. 3338), to provide additional funds for wild under paragraph (1) shall remain available of our dearest friends, Senator Inouye. land fire management. until expended. But over and over in that committee, Coburn/McCain amendment No. 3371 (to (3) EMERGENCY DESIGNATION.—Amounts ap- I have heard her stand and say: People amendment No. 3338), to ensure that Federal propriated under paragraph (1) are des- are involved. These are human beings, disaster assistance is available for the most ignated by Congress as being for an emer- and we ought to stand up for them. severe disasters. gency requirement pursuant to section 4(g) As the distinguished Presiding Offi- Mr. LEAHY. Madam President, I see of the Statutory Pay-As-You-Go Act of 2010 cer knows, because she represents New the distinguished senior Senator from (Public Law 111-139; 2 U.S.C. 933(g)). York State, when we have a disaster of New Mexico on the Senate floor, and I Mr. BINGAMAN. Madam President, this unbelievable amount, the whole yield to him. this is an amendment offered by myself

VerDate Mar 15 2010 05:56 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.016 S19DEPT1 jbell on DSK7SPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — SENATE S8165 and cosponsored by Senators Webb and The compact also provided Palau working and so loyal and have pro- Wyden. It would provide for the ap- with an initial 15-year term of assist- duced so much in 20 years for our State proval of an agreement between the ance that ended in 2009. The agreement and Nation, and I thank them. United States and the Republic of would extend and phase out U.S. assist- I want to thank my colleagues and Palau in response to Supertyphoon ance by 2024. Congress has provided all the people who work here, the Sen- Bopha. stop-gap funding since 2009, but the De- ators, but also those who work behind Few people are aware that as Hurri- partment of Defense wrote to our com- the scenes to make our lives as good as cane Sandy was making its landfall in mittee—the Committee on Energy and they can be with the hard hours we all the northeastern part of our country, Natural Resources—in April of 2011 have; those who keep our buildings safe the United States, a supertyphoon stating: and clean, who work in the libraries, known as Bopha was tracking a path of Failure to follow through on our commit- the shops, the cafeterias, and who destruction across the western Pacific. ments to Palau, as reflected in the proposed guide tens of thousands of tourists The Republic of Palau, which is one of [agreement], would jeopardize our defense through our Nation’s beautiful Capitol our closest allies and with which we posture in the Western pacific. each year. are tied by a strategic alliance known The agreement provides for the I want to thank my husband Ray and as the Compact of Free Association, phaseout of financial assistance for op- our two children Bailey and Houston. was struck by Bopha on December 2, erations, construction, and mainte- They are 11 years old now, and so many causing extensive damage. The Presi- nance. The Congressional Budget Of- of my colleagues who were here when I started bringing my children as babies dent of Palau declared a state of emer- fice’s 10-year budget estimate for di- have watched them grow up. The Sen- gency, and the U.S. President, acting rect spending is $171 million. This U.S. ate isn’t easy on families. They have through the Department of State, commitment to future funding would sacrificed so I could serve the people of issued a disaster declaration for Palau. make a crucial contribution to Palau’s Texas, and I am grateful for their pa- This massive storm went on to kill efforts to respond and recover from tience and generosity. They have loved over 1,000 people in the Philippines. this present disaster. coming to the Capitol—11 years for the Fortunately, there were no deaths in U.S. failure to respond to the needs children and 20 for my husband Ray. Palau, but high winds and storm surge of this strategic ally in its time of need And I know my children’s fondest and torrential rains caused widespread by simply approving the already signed memory, if I ask them what do they re- damage. agreement would signal to Palau and member most about visits to the Cap- A week ago the Ambassador from to most other nations in the Pacific Palau, the Honorable Hersey Kyota, itol, is playing soccer in the Russell that the United States is an unreliable Building’s hallways in the evenings wrote to me as the chair of the Com- partner. So I urge the support of my when the coast is clear. mittee on Energy and Natural Re- colleagues for this amendment and for I would not be here today if it were sources, which has jurisdiction for as- approving the agreed-to assistance to not for my parents who gave me the sistance to nations that are in free as- Palau so they may have the resources gifts of strong values, unwavering sup- sociation with the United States. The needed to respond to Supertyphoon port, and education to be whatever I Ambassador asked for my help in re- Bopha. wanted to be. I must say that my par- sponding to the disaster, but he did not Madam President, I yield the floor, ents were surprised when they saw ask for additional funding. Instead, the and I suggest the absence of a quorum. what I wanted to be. They would never Ambassador asked that the agreement The ACTING PRESIDENT pro tem- have thought that their daughter, on future assistance that was signed pore. The clerk will call the roll. growing up in LaMarque, TX—a town between the United States and Palau The assistant legislative clerk pro- of 15,000 good people—would think she in 2010 be added to this emergency sup- ceeded to call the roll. could be a United States Senator. We plemental so the funding already Mrs. HUTCHISON. Madam President, had a wonderful public school system, agreed to by representatives of the I ask unanimous consent that the order and I am proud to say I am a product United States would become available for the quorum call be rescinded. of public education. My public schools for disaster relief and recovery in The ACTING PRESIDENT pro tem- in LaMarque—which were excellent— Palau. pore. Without objection, it is so or- and my University of Texas and Uni- I fully support the request by the dered. versity of Texas Law School prepared Ambassador. I am glad to have the co- f me to be what I could be. sponsorship of my colleagues Senator FAREWELL TO THE SENATE It has been a privilege to walk these WEBB, who is chairman of the Asia-Pa- halls in the Capitol of the world’s cific subcommittee, and Senator Mrs. HUTCHISON. Madam President, greatest and longest serving democ- WYDEN, who, of course, is the incoming I rise today to address this Chamber racy. chair of the Energy and Natural Re- for possibly the last time as the senior I think back to the days that stand sources Committee, and I urge my col- Senator from the great State of Texas. out in our memories. September 11, leagues’ support of the amendment. I have to say it is an ironic note that 2001, of course, is the one none of us The amendment tracks S. 343, which if I had given my farewell address last will ever forget. We know exactly was introduced by me in February of week, there would have been so much where we were the minute we knew 2011. At that time it was cosponsored joy in the halls of the Capitol, ringing there was a terrorist attack on Amer- by Senators MURKOWSKI, AKAKA, and with the laughter and the anticipation ica. And though we suffered a horrific WEBB. The agreement to be approved of our season’s happiest time. But in attack, the strength, resilience, and ex- would revise and update the Compact just one weekend, a sadness has set in traordinary acts of kindness of the of Free Association that has governed with the news of a massacre of inno- American people showed the world that U.S.-Palau relations since 1994 by ex- cent children in Newtown, CT, followed attempts to destroy our way of life tending and phasing out financial as- by the loss of our wonderful colleague, would never succeed. On that day, no sistance over 11 years. Senator Danny Inouye. one could get in or out of Washington Palau is an island nation located So I will leave this extraordinary in- and many communications networks strategically between the U.S. terri- stitution and experience with a heavy were inoperable. So when the Pentagon tory of Guam, the Philippines, and In- heart for those who have been lost in was hit and the Capitol was evacuated, donesia. Captured in World War II, the last few days. my staff and I walked one block to my Palau became part of the U.S.-adminis- I want to thank the people of Texas home on Capitol Hill. Just as an exam- tered Trust Territory of the Pacific Is- for asking me to represent them in ple, the husband of my office manager lands. In 1994 Palau became a sovereign Washington. I want to thank the many worked in the section of the Pentagon nation in free association with the people who have served on my staff for that had been hit, so we were on the United States under a 50-year compact almost 20 years. I have to say I am one phone that we had to hospitals, the that grants the U.S. military rights touched that both benches on both police, anyone we thought might be that the Department of State calls sides of this room are filled with my able to tell us if he was safe. Thank- ‘‘vital to our national security.’’ staff members who have been so hard- fully, he was fine. But there were so

VerDate Mar 15 2010 05:56 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.018 S19DEPT1 jbell on DSK7SPTVN1PROD with S8166 CONGRESSIONAL RECORD — SENATE December 19, 2012 many who waited for hours, who called Let me give you some examples of ator MIKULSKI whispered to me during hospitals, to hear from their loved how relationships can produce results. this time, KAY, if we were here Monday ones. Sometimes the news was a relief During the anthrax scare, the Hart and we went to the Chamber of Com- and sometimes they waited in vain for Building was closed for a month, which merce, would these people look like good news. made it very difficult, of course, for this? And I said, Yeah, pretty much. I have to say it was an incredible mo- Senators based there to do their work. Senator MIKULSKI and I also teamed ment when the Senators who could find So Senator DIANNE FEINSTEIN’s staff up to pass the Homemaker IRA, to each other, wherever they had gone joined in my offices in the Russell make sure our stay-at-home moms and from the Capitol, finally gathered late Building. My chief of staff at the time dads would have the same opportunity afternoon in the Capitol Police head- gave them full access. One of Senator for retirement security savings that quarters to talk to our leaders who had FEINSTEIN’s staff members commented those who work outside the home have, been taken to an undisclosed location. on that: A Republican office giving and it has been a huge success. We also They said, We don’t want anyone to Democrats free rein? But my chief of cosponsored the National Breast and come, but we were going to the steps of staff said, They had full access because Cervical Cancer Early Detection Pro- the Capitol to hold a press conference. we trusted them. gram. She is a skilled legislator and a We don’t want anyone there because we Senator FEINSTEIN and I have teamed dear friend. don’t know if it is safe, but we want to up to pass important legislation—the Senator JAY ROCKEFELLER has been tell the press that we are going to open Hutchison-Feinstein Overseas Basing an outstanding chairman of the Com- for business tomorrow and do the Na- Commission—that studied the training merce Committee. We don’t always tion’s business, even though there was capabilities and costs of overseas mili- agree, but as the lead Democrat and suspicion that the Capitol had been on tary bases to determine their value Republican we have worked hard to the terrorists’ list of targets. compared to American bases. This re- reach consensus, and we have gotten Every single one of the Senators— sulted in consolidation and closures things done—the FAA bill, started the and I think there were 60 to 70 who had that brought thousands of troops back planning for the next generation of air made it to the Capitol Police head- to the United States where training traffic control systems; the highway quarters—did come to the Capitol and rapid deployment were superior. bill; the NASA reauthorization that en- steps, as did Members of the House of We passed the Feinstein-Hutchison sured we would keep the focus on our Representatives. After the press con- Breast Cancer Research Stamp bill space program that has been instru- ference was held by the leaders, all of that, through voluntary purchase, has mental in our national security and the several hundred who had gathered raised $72 million for breast cancer re- economic development, with tremen- spontaneously broke out singing ‘‘God search. That was Senator FEINSTEIN’s dous help from Senator BILL NELSON, Bless America.’’ That was a time that idea. And Senator FEINSTEIN and I took who is the only one among us today said this is the strength of our country the Amber Alert for abducted children who has actually been into space. and we will not be defeated. nationwide, which has accounted for In a Congress that has been marked As I exit the Senate, I am aware that rescuing almost 600 children since its by little progress, we have found a way we are divided as a legislative body and passage. forward. For some, that might not be as a country. I do not think we have I remember when Senator Hillary something to take pride in. But we different goals—not here, and not in Clinton stopped by with her chief of America—but we do have different have served the American people by staff to wish me happy birthday the passing legislation that keeps the ways of reaching them. Congress suf- first year she was in the Senate. It was fers a great deal of criticism for par- country running, and I am very proud just a few months after she had ar- of what we have been able to accom- tisan acrimony. But while we may dis- rived, and my staff was surprised—and agree politically and air our opposition plish. Our Commerce Committee has possibly a bit star-struck—to see the in this Chamber, it is the conversation been one of the most productive in the former First Lady walk into the room. behind the scenes that cements and de- whole Congress. And I count him as a We went on to work together on Vital fines our relationships. I will leave the friend. Voices, a global partnership dedicated Senate knowing I have worked with MARIA CANTWELL and HARRY REID to supporting and empowering women men and women of great patriotism, and I have worked to address the issues leaders and social entrepreneurs in intellect, and heart on both sides of the of our State’s taxpayers to have the emerging economies. We also teamed aisle. same deductions as those who have in- I wish to thank my colleagues, Dem- up with Senators MIKULSKI and COL- come taxes, though we do not, and that ocrat and Republican, for the many LINS to assure public schools had the parity has been so important. wonderful years working together. We option to offer single-sex schools and Leader MITCH MCCONNELL has guided seconded one another at times and en- classes, after I visited with Secretary our party and our conference through gaged in rigorous debate in others. Yet of Education Rod Paige the Young the past 6 years. He is a gifted leader the American people should know that Women’s Leadership Academy in the and one whom I have witnessed time either way, we are collegial and we all Harlem area of New York City—one of and time again come up with strategies understand that our States have dif- the first and most successful pilot that have gotten things done in the ferent needs and there will be dif- projects for girls’ public schools, with right way. ferences in priorities. But in the Sen- which I know the Presiding Officer is Senator JON KYL and I have worked ate, an adversary today will be an ally very familiar. on immigration and death tax relief. tomorrow. It is a rare occasion for acri- I remember the time I invited Sen- Senator LAMAR ALEXANDER and I have mony to turn personal. ator BARBARA MIKULSKI to Texas, be- championed the America Competes It would be my parting hope that this cause she and I have worked together Act, so we would continue the priority collegiality will not be lost. Protecting supporting NASA for so many years, of scientific research and that we the rights of the minority has assured and this year she has been chair and I would never fail to invest in research that every Senator’s voice is heard and ranking member of the Appropriations because it is the sequel for our econ- every State represented is heard, as in- subcommittee funding NASA. We went omy. tended by our Constitution. Open de- to visit the Johnson Space Center be- I am very pleased the distinguished bate and open amendments are what cause I wanted her to see the great ranking member of the Judiciary Com- differentiate the Senate from the work they are doing there. Then I took mittee and the Finance Committee— House. her to the Houston rodeo because I Finance Committee now and Judiciary When our committees function, we wanted her to see the Texas culture. before—is also on the Senate floor. He pass bills in vigorous markups, we put Well, I am not sure the Senator who has been a wonderful friend to me, the bills in shape for floor debate. If grew up in the inner city of Baltimore helping me in my very first election they don’t go through committees and knew exactly how people would dress when he was the rock star at my fund- are not allowed floor amendments, the at the rodeo, but suffice it to say there raisers in Texas. I thank Senator ORRIN quality of the legislation suffers and were a lot of rhinestones and cowboy HATCH for his long membership in this mistakes are often made. boots and big hair and big hats. Sen- body.

VerDate Mar 15 2010 05:56 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.019 S19DEPT1 jbell on DSK7SPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — SENATE S8167 I have had the wonderful, good for- tary. Visiting with them where they know the torch will be carried on by tune to serve with two colleagues from are in harm’s way across the world is the next generation. my home State. First, Senator Phil one of the most moving of all experi- It is no secret that Texans have a Gramm, who was a wonderful mentor ences. I will never forget the first time, particular sense of state pride. I am no and colleague. They broke the mold in the early 1990s, flying into Sarajevo exception. I have deep Texas roots. The after Senator Gramm. We always en- in an undercover C–130 that was dis- Senate seat that I hold first belonged joyed our school rivalry—he being a guised as a Red Cross delivery of peas— to Thomas Jefferson Rusk, my great- Texas Aggie and me being a University 2,000 pounds of peas that we actually great-grandfather’s law partner and of Texas alum—they like to call them had on the C–130—and I have to say my good friend. They both signed the hopeless Tea-sips, but we are proud good friend, Danny Inouye, was on that Texas Declaration of Independence Longhorns. trip with us, as I look over at his from Mexico in 1836. That history re- I have had a great relationship with empty desk with the white flowers, as minds me every day that we must pro- my other Senator, who is soon going to was Senator Ted Stevens. We flew in to tect the freedom that so many of our be the senior Senator from Texas, JOHN see our troops in Bosnia. ancestors fought to produce and retain. CORNYN. JOHN CORNYN, I am very Later I went back to Bosnia to spend My colleague sitting on the Senate pleased to say, is going to get the op- Easter with our troops where we had floor is in the Sam Houston line, and portunity that I have had all these the most beautiful Easter sunrise serv- that is a proud line too. Thomas Jeffer- years when people trip up and intro- ice I have ever attended or ever will. It son Rusk and Sam Houston were the duce me as the senior citizen of Texas. was in an open-air hangar with our Commander in Chief and Secretary of I turn that mantle over to my col- service men and women who were de- War of the Texas Army when we fought league, Senator CORNYN. ployed there. For the first time it was for independence. It is so fitting that I am very proud he is going to be the a Texas Guard unit that was in com- those two were our first two selected deputy Republican leader in the next mand of the base, and it was the first Senators when Texas became a State in Congress. I know he is going to be a time since the Korean war that we had 1845. steady hand at the wheel as we try to a Guard unit in command of an oper- Each summer I take a week to tour steer the ship of state in the right di- ation overseas. They did a great job, one part of Texas on a bus. It has been rection. He has proven time and again which led to many Guard units from so much fun. We did the first one, that his steady leadership is the one other States also to take command of which was the El Camino Real de los that rises to the top. I thank him for bases and operations. Tejas that we had just passed a bill to being on the floor as well today. I flew out of Baghdad—this was in designate as a national historic trail, In fact, I want to praise our entire the last few years—in another C–130 and we went from the Louisiana border Texas congressional delegation. We when there were no lights on the plane to the Mexican border. It took us a call it Team Texas. It is a spirit that and no lights on the runway to make week on the bus. It was so great that holds our delegation together, Repub- sure there was no clue to the enemy we have done it every year since in a licans and Democrats. I have noted that we were leaving when they were different part of Texas. It is my State that there are those in Washington firing missiles around the airport. Or staff’s favorite week of the year as who think Texans are a little too loud, the times I had visited Afghanistan, well. and we have a little too much fun, but where the first time I visited with Sen- I am one of the few to have had the I can assure everyone that Team ator MCCAIN, our troops were sleeping opportunity and the absolute pleasure Texas’ hearts are as big as our mouths. on cots. There were probably 600 or 700 to visit all 254 counties in Texas. I have It has been a long and wonderful 19- cots in an old Russian-built aircraft met Texans from all walks of life who plus years. We hit the ground running, hangar, before anything had been have opened their homes, their busi- and we have never stopped. When I was brought in for living quarters for our nesses, and shared their stories. first elected in a special election in troops. All of their belongings were I will be sad to leave, but it is time. 1993, we had two—actually four full under their cots, and that was all they I believe strongly that we should keep planeloads of people flying up for my had for that first mission into Afghani- the lifeblood of Congress pumping. It is swearing in. Because it was a special stan. good to have new waves of legislators election, we filled the entire gallery. I have always been one who has such come in with fresh ideas and perspec- Those rowdy Texans were so happy to great respect and gratitude for our men tives after every election. But while I watch my little swearing in ceremony. and women in uniform. They put their believe that new generations should in- It was a great day for me, as well as lives on the line and pledge to give vigorate Congress, I also want to say a my wonderful and loyal friends and their all for our freedom. The power to few words of praise for experience. supporters. wage war is an enormous one, and the Knowing the history of an issue is es- I started having weekly constituent weight of its responsibility should rest sential to monitor progress. Knowing coffees that first year because there heavy on our shoulders. what an agency should be doing, know- were so many visitors from Texas and I leave this Chamber proud to have ing what was put in law and why allows I wanted to make sure at least there worked to assure our men and women for better oversight. The expertise of was one time every week that any in uniform have the best training, the our longer serving Members is an es- Texan who was here who wanted to see best equipment, and the quality of life sential part of good governance. me could come and visit and was wel- to do the job we are asking them to do. I hope some of the priorities I have come. So every Thursday morning Because of my deep respect for our championed will continue. Investment around 9 or 9:30, the person in charge of Armed Forces, my first choice of com- in science, technology, and higher edu- this first effort was the wife of a three- mittees when I came in 1993 was Armed cation and encouraging more young star general who volunteered her time Services, and I was honored to be the people to study science, technology, in our offices. I think it was as much first woman in 20 years to chair a sub- engineering, and math, known as her handling of the event as the idea committee on Armed Services. The STEM, will make sure we are bringing itself that has led many other Senators woman before me was Margaret Chase forward those young minds with the to take up this practice and get a Smith. As the only woman to chair the creativity and the engineering back- chance to always visit with their con- Senate Republican Policy Committee, I ground to create the economies for the stituents at least once a week if they was pleased to be a part of Republican future. It is so important. This has were otherwise going to committee leadership for many years—again, the been the lifeblood of our economy, and meetings or having to do their work first since Margaret Chase Smith. it must continue. and were not able to see everyone. I When I was first running for office I Saving the manned space exploration want to thank Gert Clark for putting said I wanted to make things better for program and ensuring the long-term her stamp on our Senate hospitality. our sons and open for our daughters. I future of NASA is an essential gener- Some of the most powerful moments leave the Senate knowing that January ator for our economy. Ensuring that that will stay with me forever were will see the greatest number of female stay-at-home moms and dads who spent with our members of the mili- Senators in our Nation’s history. I worked so hard raising children and

VerDate Mar 15 2010 05:56 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.028 S19DEPT1 jbell on DSK7SPTVN1PROD with S8168 CONGRESSIONAL RECORD — SENATE December 19, 2012 contributing to the community have say she pretty much singlehandedly ing supporters of NASA and human spousal IRAs to save for retirement, saved from being BRACed the last time space flight. NASA has contributed his- and easing the marriage penalty by that occurred—from Sheppard Air torical technological breakthroughs doubling the standard deduction—these Force Base in Wichita Falls to the that have benefited all Americans. KAY are a few of the things I hope will con- Naval Air Force Base in Corpus Christi appreciates the vital importance of tinue to be championed as I leave. in the south. Not only has KAY worked basic scientific research, long-term It has been such an honor to serve in to provide our troops with the re- American prosperity, and she appre- the Senate. I leave with the hope that sources they need, she has done a ciates the role NASA has played in fos- the values that built America into the whole lot to help returning veterans tering innovation. She has long said greatest Nation on Earth will be pro- and, of course, their families. and advocated for support for NASA tected so that future generations will We always talk about supporting our because she believes that when we sup- have the same opportunities we have troops when they are deployed over- port NASA, we are supporting tech- had in this great country, opportuni- seas, but we spend less time—indeed nologies and the jobs of the future. ties for which our forebears sacrificed not enough time—discussing ways to That is why KAY has done so much to so much. help them assimilate back into civilian help the Johnson Space Center and our I yield the floor. life. As the son of a U.S. Air Force vet- universities to promote Texas as a re- The PRESIDING OFFICER (Mr. eran who spent 31 years in the Air search State. FRANKEN). The Senator from Texas. Force, I am acutely aware, as KAY is, it Her beloved University of Texas is Mr. CORNYN. Madam President, Tex- is not just those who wear the uniform grateful for her support over the years, ans have a profound sense of history, who serve but their families as well. which is one reason they will soon and it is only appropriate that Senator Many returning vets and their fami- launch the KAY BAILEY HUTCHISON Cen- HUTCHISON should mention the fact lies encounter a whole range of social ter for Latin American law. that we both come from long lines of and economic hardships that can be KAY has also crafted legislation that Texans, starting with Thomas Jeffer- hard to overcome. Most notably, the has benefited some of the most vulner- son Rusk, who first held her Senate unemployment rate among our return- able Americans. Her work on behalf of seat, and Sam Houston, who held the ing vets from Afghanistan and Iraq is missing and exploited children includes Senate seat I hold. I will never forget significantly higher than for the gen- the national AMBER Alert Network, Senator HUTCHISON coming to the floor eral population, something I know KAY which she introduced back in 2003. As of the Senate every March 2, Texas has worked on extensively. She has she said earlier, this law has helped to Independence Day, and regaling the also worked to get our veterans the rescue more than 570 abducted children Chamber with Travis’ letter from the medical assistance, the job training, who would not have benefited but for Alamo, reminding everyone about an- and the financial support they need. In- her work. That is a remarkable other important event in Texas his- deed, I don’t know of any Senator who achievement, and it is more than just a tory, a tradition which she carried on has done more to help America’s heroes number when we count the human lives after Senator John Tower did for so adjust to life after the military. That which have been so dramatically af- many years when he served here. is just one of the reasons why she will fected by her work. A final note. As I said, Senator This is a historic moment for many be sorely missed. HUTCHISON has made history serving as reasons. First, because we are paying Here is another reason KAY will be tribute to an extraordinary woman missed. She has fought time and time a first woman to serve the great State who has made history by being the again to promote tax relief for hard- of Texas in the Senate. KAY has always been a pioneer of sorts. As a father of first Texas female United States Sen- working Texas families. In the mid- two daughters, that means a lot to me. ator and someone who has spent the 1990s, as she alluded, she helped to cre- I am used to being surrounded at home last two decades fighting for common- ate the so-called homemaker IRA to by strong, intelligent women, but hav- sense values in our Nation’s Capitol. make sure stay-at-home moms and ing served with KAY, I have also been a While it is hard to summarize Senator dads were able to save for their retire- partner with a strong, intelligent HUTCHINSON’s great work in just a few ment on an equal basis with their Texas woman. KAY has been a role short minutes, I am going to try. I am counterparts who worked outside the model for so many young women, not going to try to highlight some of her home. I know it is one of her proudest just in Texas but throughout the signature achievements and explain achievements, and I am proud to join United States. I am honored to be her why she enjoys such outstanding sup- with the Senator from Maryland, Ms. colleague and I am proud to be her port from her constituents back in our BARBARA MIKULSKI, in attempting to friend. great State. rename this IRA the KAY BAILEY Senator KAY BAILEY HUTCHISON To start with, I cannot think of any HUTCHISON spousal IRA in her honor. I leaves behind a tremendous legacy of Senator serving in this Chamber who hope we can join together and honor which she, Ray, and her children can be works harder than KAY BAILEY Senator HUTCHISON by getting that proud. She has a legacy that will long HUTCHISON. Sometimes I affectionately done before we close out our business be celebrated by Texans from El Paso refer to her as the Energizer Bunny of this year. to Caddo Lake and from Amarillo to the Texas delegation. She is tireless KAY, of course, has always cham- Brownsville. Everyone in this Chamber and she is relentless in her pursuit of pioned the State sales tax deduction, will miss her, and I know I speak for what she believes is in the best inter- which may not seem like a big deal to all my colleagues when I wish her the ests of the constituents in our State. others in this Chamber, but it is a big very best in the next exciting chapter As she mentioned, she has been a deal back home in Texas as a matter of of her life. tireless advocate for Texas military fundamental fairness because we don’t I join with my colleagues in saying families. We take great pride in the have a State income tax. I daresay we to the Senator, vaya con dios. fact that 1 out of every 10 individuals never will have a State income tax as I yield the floor. who wears the uniform of the U.S. mili- long as I draw a breath. However, we do The PRESIDING OFFICER. The Sen- tary calls Texas home. Of course, some pay State sales taxes, and it is only ator from Utah. of the most powerful tributes to KAY’s fair that Texas enjoys the same sort of Mr. HATCH. Mr. President, I wish to legacy are what I have heard from our deductibility for the State sales tax join everyone here in thanking KAY for men and women in uniform. that other States have enjoyed for the her great service in the Senate. I have It is no exaggeration to say every State income taxes. worked closely with her on a wide vari- military base in Texas has felt the im- KAY has also worked to reduce the ety of issues. I have to say she is a pact of her work on various Senate marriage penalty tax. She has been a fierce advocate. In fact, I have to say committees. I know how deeply proud strong defender of taxpayer interests, all our women Senators have been KAY is of the work she has done to help and her efforts have made the Tax Code fierce advocates, and we have benefited the troops stationed in Texas from less hostile to saving and to families. from them being here. Fort Bliss in the west to the Red River She alluded to her great work with KAY has paved the way for Senators— Army Depot in the east—which I dare NASA. She is one of the Senate’s lead- both male and female—to truly become

VerDate Mar 15 2010 05:56 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.029 S19DEPT1 jbell on DSK7SPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — SENATE S8169 better Senators and in many cases spite the fact they are North vs. South, terrific Senator, KAY BAILEY great Senators. KAY BAILEY HUTCHISON cowboy boots vs. snowshoes, mesquite HUTCHISON, and to wish her much suc- is a great Senator. She worked her guts vs. pine. cess in her further efforts. I know she out the whole time she was here. She is One of the things we have in common will provide great leadership in what- still here, but she is going to retire at is water. Our States are, economically, ever she is doing. It has been wonderful this time and she has represented historically, and culturally tied to to watch over the years, seeing the pic- Texas well. great waters: Texas to the Gulf of Mex- tures of Bailey and Houston and how All I can say is she has been my ico, Michigan to the Great Lakes. And they have grown, celebrating and going friend all this time. When I needed help this shared interest has afforded me to baby showers. On top of all the other from her, she was always there. I tried the pleasure of working alongside Sen- accolades today, Senator HUTCHISON is to be there for her when she needed ator KAY BAILEY HUTCHISON, a true a devoted and wonderful mother to two help as well. She has not only been a Texas pioneer. beautiful children. delightful person to be around but a As the lead cosponsor of the Harbor As everyone has said, she is the first very intelligent lawyer. She fought for Maintenance Act, Senator HUTCHISON and only woman to represent Texas in what she believed—most of which I be- has been an invaluable ally in the ef- the Senate and will always have that lieved in—in a way nobody could truly fort to ensure that America’s harbors distinction of opening doors and bar- ever get mad at KAY BAILEY receive the maintenance funding they riers. I know she agrees with me that HUTCHISON. need to help our economy grow. Her ef- once the doors open, we want to make She is a wonderful person, wonderful forts were instrumental in recruiting sure more women are able to walk mother, and we are going to miss her 37 cosponsors on our bill and in secur- through that door as well. terribly. This is a body where we could ing language regarding harbor mainte- I wish to congratulate her for all she use a few more women Senators— nance for the first time in a transpor- has done. We have come together to maybe a lot more than a few. They are tation bill. Her efforts have made a sig- fight for opportunities for women very good people who work very hard nificant difference in the lives of the around the world at the Senate Wom- and not the least of whom is KAY BAI- thousands of American workers whose en’s Caucus on Burma and other efforts LEY HUTCHISON. jobs are directly tied to well-main- she has led. I am very supportive of I remember at times when I had dif- tained harbors, from the Port of Gal- adding her name to the spousal IRA ficulties with the BRAC system and veston to the scores of ports dotting law. I think that is a very fitting trib- difficulties with special NASA prob- Michigan’s shoreline. ute, and I am hopeful we can get that lems, and so forth, we always worked Senator HUTCHISON has shown impor- done as well. together. We could always count on her tant leadership on other transportation I just want to congratulate her. to come up with intelligent solutions issues, such as a more equitable for- I do want to have the opportunity to to some of the problems that should mula for Federal surface transpor- talk about something else, but I see my not have existed but did. tation funding, and for adequate fund- friend wanting to say a few words. I have personally appreciated her ing for State maritime academies, in- Mrs. HUTCHISON. Mr. President, if very much during those times and in so cluding academies in Texas and Michi- the Senator would yield for just a mo- many other ways as we worked to- gan, that help meet the needs of our ment to let me say thank you to all gether on legislation to help this coun- commercial shipping industry as well the wonderful Senators who have spo- try and as we worked to represent our as the Department of Defense. ken and said nice things. It is one of respective States. I have so much re- She has been an able and dedicated the few times Senators sort of pause spect for Texas, the people of Texas, advocate for our Nation’s veterans. She and wish someone well, as they are and what they stand for. I have great pioneered the concept of the home- respect for these Texan Senators who maker IRA, which helped millions of leaving. It has truly been very touch- are two of the best we have ever had in American women achieve greater re- ing, and I appreciate the kind words of the Senate. tirement security. She has ener- the Senator from Michigan. It has been Senator HUTCHISON has been an ex- getically pushed for stronger science a distinct pleasure to have colleagues emplary Senator, not just for women and educational programs, including on both sides of the aisle feel we have but for all of us. She has also set some the establishment of a groundbreaking done so much together. My hope is that standards that I think both women and medicine, engineering, and science as I am going out the door, the male Senators are going to have to try academy in her State. collegiality of the Senate will never to emulate. We shouldn’t be surprised at these change. I just want say to the Senator that and other successes. When she first Thank you. we love her, we appreciate her, and we graduated from the University of Texas I yield the floor. wish her the very best. We are going to Law School, she bumped up against the The PRESIDING OFFICER. The Sen- miss her. This is one Senator who will misguided tendencies of the law firms ator from Michigan. miss her greatly, and I want her to at the time to dismiss female can- f know that. All I can say is God be with didates, no matter how talented. Un- DEPARTMENT OF DEFENSE her. daunted, she walked into a local TV APPROPRIATIONS ACT—Continued I yield the floor. station and asked for a job as a re- The PRESIDING OFFICER. The Sen- porter and became the State’s first fe- THE FARM BILL ator from Mississippi. male television reporter. She took a Ms. STABENOW. Mr. President, I Mr. COCHRAN. Mr. President, I am detour, but her experience covering also wish to speak about the impor- pleased in joining my colleagues in politics led to the Texas House of Rep- tance of passing a farm bill today and commending and congratulating our resentatives, the State treasurer’s of- thank the Senator from Texas for her distinguished colleague from Texas. fice, and eventually to become the first support as we passed a strong bipar- Her service in the Senate has truly Texan woman elected to the U.S. Sen- tisan farm bill in the Senate back in been outstanding and she has made an ate. June when sent it over it the House of impact in our Committee on Appro- The Senate will miss her dedication, Representatives. priations. We have deliberated about her quite effectiveness, her ability to We have had 80 days since the farm the funding of all the Federal agencies seek practical, bipartisan solutions. bill expired. That is 80 days that farm and departments of the Federal Gov- She has made a habit of making his- families and small businesses have ernment. She has been very careful. tory, and I wish her the best in what- been holding their breath and wanting She is very serious about her respon- ever history-making endeavors she to know what is going to happen in sibilities, and I am glad to be here turns to next. rural America and agriculture across today to wish her well in the years I yield the floor. the country. I have not given up, nor ahead and compliment her on a very The PRESIDING OFFICER. The Sen- have other colleagues here. Certainly, distinguished career in the Senate. ator from Michigan. my partner here in the Senate, Senator Mr. LEVIN. Mr. President, Michigan Ms. STABENOW. Mr. President, I ROBERTS, and our partners in the and Texas have much in common, de- rise also to congratulate and thank a House, including Chairman LUCAS and

VerDate Mar 15 2010 05:56 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.032 S19DEPT1 jbell on DSK7SPTVN1PROD with S8170 CONGRESSIONAL RECORD — SENATE December 19, 2012 Ranking Member PETERSON, all stand KILL and others in putting forward the doesn’t cover all the losses but some ready if we can get a positive signal portions of the farm bill that deal with help to be able to stay in business. We from the House Republican leadership disaster relief as part of this package do that through the farm bill. to get this done. There is no doubt in which is now moving forward. I hope Apple producers in most areas of my mind that we can do it. For every- we will have an opportunity to vote Michigan and in New York and in one listening, the issue is not dif- and come together on that, which is so Pennsylvania had about a 40-percent ferences in the commodity title, which important. That does not negate the production, so they lost 60 percent. I have every confidence we can come need to get a farm bill done or our de- Think about a business losing 60 per- together on and work out; the question sire to do that or the fact that we are cent of its income for a year or, in the is, as we are seeing efforts being laser-focused until the last moment we case of cherries, 98 percent. We have worked on for a larger deficit reduction have available on getting it done. things in place to support them when package, whether the House leadership Let me remind my colleagues that that happens. That is why we have dis- will think rural America and agri- farming is the riskiest business in the aster assistance, and that is why we culture are important enough to in- world. There are a lot of risky things have other things as well. We have clude. That is the question. It is wheth- we can do. There are a lot of disasters something called the farm bill when er the savings we have achieved in def- that have happened. things like this happen in agriculture icit reduction by eliminating unwar- I was pleased to have the opportunity or disaster assistance for agriculture, ranted taxpayer subsidies and creating to join with our colleague from New as we are proposing assistance for. other efficiencies and tackling waste, Jersey, Senator MENENDEZ, last week Also, in the summer we saw record- fraud, and abuse, whether that is wor- to visit some of the coastline in New breaking drought, as we know. We thy of a priority in the effort that is Jersey and to be a part of a group that heard story after story about families being worked on. We have continued to looked at the devastation there. And whose crops were left withering in the point out the fact that the 16 million there is no question, it is up to our fields, entire corn crops devastated in people across America who work be- country at times such as these, when Iowa, and wildfires in Colorado killing cause of agriculture deserve to be a pri- people are wiped out, their homes are 2 people and forcing residents to evac- ority. wiped out, it is our responsibility to uate over 34,000 homes. Drought and I thank our leadership and the lead- come together and to act on behalf of wildfires cost the State of Oklahoma ership across the aisle for making it a citizens in those States. I strongly sup- more than $400 million this year alone priority of this Senate back in June. I port doing that. It is also our responsi- according to a report that has just thank my colleagues on the committee bility to acknowledge and recognize been produced by Oklahoma State Uni- in the House for making it a priority and help others around the country versity. That includes crops and live- and for passing a bipartisan bill in who have similar disasters. stock, property loss from wildfires, and July. For the life of me—I am appalled As I said before, there is no business emergency costs. continually that the Republican lead- that is riskier than farming. Thank I have heard so many times from my ership of the U.S. House of Representa- goodness we have people who are will- friend, the distinguished ranking mem- tives does not consider the security ing to stay in farming and ranching re- ber from Kansas, about what has hap- and the livelihood of 16 million people gardless of what happens with the pened in Kansas. We had the oppor- who live in rural America across this weather. Thank goodness we have a tunity to be there and to hear from country to be a priority. strong crop insurance system in place, people directly in Kansas. My staff has We are including a final list of things and we strengthened that even more, walked in the field and seen that there that need to get done. We are not giv- which is incredibly important, in this is nothing there because of the drought ing up. We are coming back next week, farm bill. But we have had disasters and what it means. and we are going to be here, and we are happen that need to be addressed for This year represented the worst ready at any moment to be able to do those who farm for us. drought since 1956. That is a disaster. what we need to do. In the spring we experienced late At the height of the drought this sum- Across this aisle, colleagues have freezes in Michigan and in New York mer, over 80 percent of the contiguous worked in good faith in the Senate, and and in Pennsylvania that wiped out United States experienced drought con- I am very grateful. I appreciate the food crops. A lot of small family farms, ditions—80 percent. We still have 11 support of the Presiding Officer in urg- farms in northern Michigan, were States with exceptional drought condi- ing that we get this done. We have col- wiped out. In my home State, late tions and 17 States with severe drought leagues on both sides of the aisle who freezes and a spring frost caused them conditions. Seventeen States across have come together to make tough de- to lose practically their entire crop the country, in the Northeast, the Mid- cisions. We are willing to make some right off the bat. It warmed up, the west, the South, the Great Plains, the more, but we are not willing to give up buds came out, and then they had a Southwest, and on the west coast— on 16 million people who live in rural deep freeze that killed everything. Our every region except the Pacific North- communities—small towns such as growers produce 75 percent of the U.S. west has suffered from long-term where I grew up in Claire, MI—who are supply of cherries. That is around 270 drought. counting on us to do the right thing million pounds. The cherry producers Sixty percent of the farms in the and to give them the ability to plan, experienced a 98-percent loss. United States experienced drought this the ability to get help for the disasters In our amendment in the disaster bill year, and we saw severe droughts in 57 they have seen, and the ability to know and in the farm bill, we give them some percent of farmland acres. By the end they can move forward and care for help because they spent the rest of the of this last October, over half of the their families. crop year this year having to pay to pastures and ranges in the United We have a disaster bill right now on maintain the orchards and the trees, States were rated poor to very poor. the floor. As chair of the Agriculture eating the costs and hoping the trees And 1,692 counties in the country, Committee, there is no way I am going will bounce back next year and produce spread across 36 States, were declared a to allow a disaster amendment without a crop. So they have all the costs of primary disaster area because of the being able to offer an amendment that maintaining everything but no revenue drought. relates to agriculture disaster which coming in. By the way, there are a whole lot of we have fully paid for in the farm bill. Cherry producers were also forced to issues around weather that we need to So we are willing to do two tracks fight spreading diseases such as cherry be talking about and dealing with, and here if we come together, which I hope leaf spot and bacterial canker, making we need to be doing that in the new we will, on a disaster package. Cer- the trees even more costly to maintain year. tainly, people in rural America—farm- and at risk of loss. They didn’t just So this is what is happening for farm- ers, ranchers across this country—have lose their crop this year; they had to ers and ranchers. On May 20 only 3 per- felt the disasters other communities invest a lot of money to save their or- cent of our corn crop was rated poor or have felt. So I am proud to join with chards without having any dollars very poor, but by the end of September Senator MERKLEY and Senator MCCAS- coming in. We give them some help. It over 50 percent was rated poor or very

VerDate Mar 15 2010 05:56 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.034 S19DEPT1 jbell on DSK7SPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — SENATE S8171 poor. Our cattle inventories were at a choices for families and every other new proposal coming out of the House 60-year low as farmers and ranchers part of the budget to allow that to hap- is that only people making $1 million a have had to sell off their breeding pen. year or more would see their tax rates stock because they don’t have the hay We passed a reform bill. We tackled go up. or grazing land to feed them. Low fraud and abuse in nutrition. We con- Let me say a word about hardship water levels in the Mississippi are af- solidated conservation and saved and a word about sacrifice and it is not fecting grain shipments, threatening to money. We tackled payments that have about the problems of millionaires and affect shipments early next year as been given out for years that don’t billionaires who are doing phenome- farmers try to plant their crops. We make sense and that the government nally well and who are being asked to have seen reports that grain is piling can’t afford. We listened to farmers to pay a few dollars more to help us deal up in elevators while farmers try to strengthen risk management tools, with deficit reduction, at a time when figure out alternative routes of ship- predominantly crop insurance. With all their tax rates are at a historically low ping their products to market. the weather disasters I have described rate. Let me tell you about sacrifice, Hurricane Isaac left hundreds of this year, if we can strengthen crop in- and let me tell you about on whom we thousands of acres underwater. Hurri- surance, we are going to give them a should not be balancing the budget. cane Isaac caused destruction like better safety net going forward for This morning, in the Veterans’ Af- nothing we could have imagined. As I whatever comes in the coming year. fairs Committee, I held a press con- said, I saw the damage up close from So there is a lot on the line. There is ference, which included every major Hurricane Sandy. Weather disasters a lot on the line for 16 million people veterans organization in this country, have destroyed millions of acres of who have jobs because of agriculture representing millions and millions of farmland and affected millions of fami- and the food industry. There is a lot on veterans, people who have put their lies in every State and corner of this the line for people who go to the gro- lives on the line to defend our country country. cery store and eat and want to know and many of whom have suffered as a We are considering a disaster bill food prices are not going to go up, that result. today. Well, the farm bill is a disaster milk prices are not going to go up. The organizations that were there bill because it not only has disaster as- There is a lot on the line for people with me to say no to the so-called sistance but it creates 5-year certainty who just want us to come together and chained CPI—which would cut benefits for our growers, who deserve it. They work together. In light of everything for disabled veterans, which would cut deserve to know what is going to be going on, we did that kind of a farm benefits for widows and kids who lost happening. They deserve to know so bill. They did that in the House in com- their husband or their father in Iraq or they can go to the banker and talk mittee. Afghanistan and would see a chained about their financing for the coming All the Speaker and the leadership CPI cut back on their limited bene- crop year and be able to plan as well as have to do is say: We care about rural fits—we had at this press conference get immediate help. America. We care about 16 million peo- the American Legion, the Veterans of I support passing a disaster bill, and ple who work every day, who are folks Foreign Wars, the Disabled American agriculture should be a part of this, but who do their jobs, and when the job has Veterans, the Iraq and Afghanistan it is not enough. We need to do that, to get done, whether it is early in the Veterans of America, the Paralyzed and we need to have a 5-year farm bill morning or late at night, they do it, Veterans of America, the Blinded Vet- in order to create the certainty we and they expect us to do the same erans Association, the Wounded War- need. thing. rior Project, the Military Order of the We have spent so much time focusing There is no excuse—none—that Purple Heart, the National Military on how we move forward with agri- makes any sense not to get a 5-year Family Association, the Vietnam Vet- culture today and create the right kind farm bill done, not to make sure we erans of America, the National Guard of risk management tools for the fu- have the disaster assistance that is Association, the National Association ture. I am very proud of what we have needed for farmers and ranchers, and of Uniform Services, the Jewish War been able to do. not to get reforms that cut back on Veterans, the Military Officers Asso- We—the members of the Agriculture taxpayer subsidies we should not be ciation of America, AMVETS, the As- Committees—have also been, frankly, providing, and the deficit reduction sociation of the United States Army, the only committee to step up volun- that is critically important as we come the Commissioned Officers Association tarily and say: We will put money on up to this fiscal cliff. of the U.S. Public Health Service, the the table for deficit reduction. We did I wish to thank everyone in this body Naval Enlisted Reserve Association, it during deficit reduction talks. We for working with us to get a bill done the United Spinal Association, have done it in the House and the Sen- of which I think we should all be very VetsFirst. ate as we have written the farm bills. proud. We are going to continue to What all of them said—and some of We are willing to be a part of the solu- push as we go forward, hoping that at them made this statement far more tion. We are part of the solution. some moment the House Republican poignantly than I can—is when we talk One of the things I find very frus- leadership will look around at the about sacrifice, they are there; they trating is that if, in fact, it doesn’t get small towns in their districts and de- have already done it. Some of them done this year, those who don’t want cide they matter and that they will have come back from our wars without reform, those who want government pass a 5-year farm bill. arms or legs or maybe they have lost payments even in good times may very Thank you. their eyesight. They have sacrificed, well get another year of government The PRESIDING OFFICER. The Sen- and it is morally absurd to be equating payments that we can’t afford and tax- ator from Vermont. on one hand the sacrifice of a multi- payers should not be paying for. So CHAINED CPI millionaire, asking him to pay a few this really is about reform. Mr. SANDERS. Mr. President, as we dollars more in taxes, with asking peo- I hear colleagues talking on the continue to debate how to prevent this ple who have lost their limbs defending other side of the aisle all the time so-called fiscal cliff and how to go for- this country to make a sacrifice. That about the things we shouldn’t be doing ward in deficit reduction, my Repub- is not equivalent sacrifice. and the things we shouldn’t be paying lican friends, apparently, want the Let me talk about this so-called for. Well, I would encourage them to American people to believe that mak- chained CPI. I know there are some join us in the fight to get a farm bill ing the wealthiest people in this coun- folks out there—and I think we have done to stop an area where we have all try pay a few dollars more in taxes had Wall Street CEOs worth hundreds agreed we should not be providing gov- would amount to some kind of terrible of millions of dollars, who were bailed ernment payments in the area of direct sacrifice, and they are vigorous and out by the taxpayers of this country, payments. I know there are those in unanimous in opposing the President’s who have the most extravagant retire- the House who want to keep that going initial proposal to do away with all of ment benefits imaginable—they have as long as possible, but it is not right Bush’s tax breaks for people making come to Washington, DC, to tell Con- in an era when we have to make tough $250,000 a year or more. I guess their gress we should cut Social Security

VerDate Mar 15 2010 05:56 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.022 S19DEPT1 jbell on DSK7SPTVN1PROD with S8172 CONGRESSIONAL RECORD — SENATE December 19, 2012 benefits for disabled veterans, raise and I think it is unseemly, I think it is Let us be clear what this chained CPI taxes on low-income workers. immoral to be balancing the budget on would do because I think there are Let me tell you what this—what their backs. some people—I guess if someone is a some call a tweak—would do. In terms We have also made a commitment to Wall Street CEO guy and is making of the chained CPI, more than 3.2 mil- the surviving spouses and children who millions of dollars a year and has a lion disabled veterans receive dis- have lost a loved one in battle by pro- great retirement package, when we are ability compensation from the Vet- viding them with Dependency Indem- talking about hundreds of dollars a erans’ Administration—3.2 million vet- nity Compensation benefits that aver- year, that is what they use for lunch. erans. They would see a reduction—a age less than $17,000 a year. Do my col- They do not have to worry about keep- leagues truly think we should be cut- significant reduction—in their bene- ing their house warm or buying food. ting benefits for surviving spouses who fits. Under the chained CPI, a disabled That is not within their world view. veteran who started receiving VA dis- lost their husband in Iraq or Afghani- ability benefits at age 30 would have stan? Under the chained CPI—we should all their benefits cut by more than $1,400 Further, we have made a promise to understand this is no small tweak; this at age 45, $2,300 at age 55, and $3,200 at every American; that is, that above is not some administrative issue— age 65. and beyond benefits for disabled vets, under the chained CPI, average seniors Does anybody in their right mind what we have said is a couple things: who retire at age 65 would see their So- think the American people want to see For those who are older, we have said cial Security benefits cut by about $650 benefits cut for men and women who Social Security will be there for them a year when they reach age 75. Again, sacrificed, who lost limbs defending in their old age, in their time of need I understand if someone is a Wall their country? Are we going to balance or if they become disabled, and we have Street CEO, if one is a millionaire, hey, the budget on their backs? said those benefits will also keep up $650 a year is not a lot of money. But I challenge anyone who supports a with inflation. let me tell you, if you are a senior cit- Today, over 9 million veterans re- chained CPI to go to Walter Reed hos- izen living in Vermont or Minnesota ceive Social Security benefits as part pital, visit with the men and women of the tens of millions of Americans and you have to worry about heating who have lost their legs, lost their who receive Social Security, and more your home, you have to worry about arms, lost their eyesight as a result of than 770,000 veterans receive Social Se- putting gas in your car, you have to their service in Afghanistan or Iraq. curity disability benefits. worry about prescription drugs, $650 a Come Veterans Day and come Memo- We are talking now about the year is a lot of money, if you are living rial Day, all the politicians go out and ‘‘Greatest generation,’’ the people who on $15-, $16-, $18,000 a year of income, give speeches of how much we love our saved this country in World War II. I most of that coming from Social Secu- veterans. It is great to give a good just met last week—and it chokes me rity. So if you retire at age 65, it is speech on Memorial Day or Veterans up every time I meet these guys—a fel- about a $650 cut when you reach age 75, Day but what about standing up for low from Winooski, VT, who was in the and it is more than $1,000 a year when them now? Battle of the Bulge, that hugely impor- you turn 85. I know the Wall Street CEOs and the tant battle at the end of World War II I ask unanimous consent to have big money lobbyists are descending on to stop the Nazi advance. He was also Washington trying to protect the printed in the RECORD a chart which at Normandy. talks about annual cuts in Social Secu- wealthy and the powerful. But maybe Do you truly want to balance the rity benefits under the chained CPI. now is the time—not just Veterans budget on his back? Day, not just Memorial Day—that we We are talking about the brave men There being no objection, the mate- stand with veterans, we stand with dis- and women who served in Korea, Viet- rial was ordered to be printed in the abled veterans. They have sacrificed, nam, and other conflicts as well. RECORD, as follows:

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Annual Cut in Social Security Benefits Under Chained CPI

(For Average Earner Retiring at Age 6Sr in wage-indexed 2012 DoUats) Age 75 Age 85 Age 95

.. $653 (3.7% Cut)

-$1,139 (6.5%)

-$1,611 (9.2%)

Mr. SANDERS. What the chart shows going to balance the budget on the folks in Washington who think that is that at age 75 the cut would be $653, backs of seniors trying to get by on your COLA—the formulation and how a 3.7-percent cut; at age 85 it would be $15,000, $18,000 a year? Is that what this we reach a COLA for you—is too gen- $1,139, a 6.5-percent cut; and at age 95, Congress stands for? I certainly hope erous. Do you know what happens. it would be $1,1611, a 9.2-percent cut. not. They laugh. They invariably break out The rich are getting richer. We have The fact of the matter is, the current in laughter because they know that in growing wealth and income inequality formula for calculating COLAs is not the last 3 years, two out of those years in America. The wealthiest people in too generous. And whenever I speak in they got zero COLA. They know this this country are paying the lowest ef- Vermont, I say to seniors—and I speak year they are going to get a 1.7-percent fective tax rate in decades. We are to them quite often—there are some

VerDate Mar 15 2010 05:56 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.002 S19DEPT1 jbell on DSK7SPTVN1PROD with Insert offset folio 74 here ES19DE12.001 S8174 CONGRESSIONAL RECORD — SENATE December 19, 2012 COLA, which is one of the lowest COLA I have ideas on that, Senator BEGICH to the best of my knowledge, every sin- increases ever. has ideas on that, Senator HARKIN and gle veterans organization has made it They also know the current formula- others. And the Presiding Officer has clear that they are strongly opposed to tion for a COLA does not fully take been thinking about ways that we the so-called chained CPI, which would into account the escalating costs of make Social Security solvent and cut benefits for disabled vets. prescription drugs and health care, strong for 75 years without cutting The AARP and the every other sen- which is where most seniors spend benefits. Let’s have that discussion, iors organization, including the groups their money. They are not spending but not as part of a deficit reduction to protect Social Security, the Na- their money on flat-screen TVs or bill when Social Security has had noth- tional Committee to Protect Social Se- iPhones or iPads. They are spending ing to do with deficit reduction. curity and Medicare, and others are their money heating their homes, buy- I do not often quote Ronald Reagan, saying do not cut Social Security bene- ing food, paying for prescription drugs, but this is what Ronald Reagan said on fits. The AFL–CIO has been very vig- and paying for health care. These costs October 7, 1984. He was absolutely orous in protecting working families are going up much faster than general right. Ronald Reagan: and saying do not cut Social Security, inflation. I think what most econo- Social Security has nothing to do with the do not cut Medicare, do not cut Med- mists would tell you is that the cur- deficit. Social Security is totally funded by icaid. rent formulation for determining the payroll tax levied on employer and em- Here we are, the American people ployee. If you reduce the outgo of Social Se- COLAs with Social Security is inad- overwhelmingly want the wealthy to equate, too low, rather than, as the ad- curity, that money would not go into the general fund to reduce the deficit, it would pay more in taxes and not cut Social vocates of the chained CPI would sug- go into the Social Security Trust Fund, so Security and Medicare and Medicaid, gest, that they are too high. Social Security has nothing to do with plan- organizations representing tens of mil- Furthermore—this has not been ning the budget or erasing or lowering the lions of people are saying, ask the widely discussed—moving to a chained deficit. wealthy to pay more in taxes, not cut CPI would also result in an across-the- October 7, 1984. Reagan was right. I Social Security, Medicare, and Med- board tax increase of more than $60 bil- have to tell you that when Barack icaid. lion over the next 10 years that will Obama was campaigning for President What are we talking about here? We disproportionately hurt low-income in 2008, he told the AARP on Sep- are talking about cutting Social Secu- and middle-income families the most. tember 6, 2008, that: rity, Medicare, and Medicaid, and ask- In fact, two-thirds of the tax increase John McCain’s campaign has suggested ing the wealthy to pay more but no- under a chained CPI would impact that the best answer for the growing pres- where near as much as they should be Americans earning less than $100,000 a sures on Social Security might be to cut cost asked to pay. year, and many would be impacted by of living adjustments or raise the retirement We wonder. We wonder why Congress losing the earned income tax credit and age. Let me be clear. I will do neither. has a 9-percent favorability rating. I the childcare tax credit. September 6, 2008, Barack Obama. will tell you that my phones today— Maybe I am missing something, but I One of the astounding things about and I do not think this is an organized thought I heard from the White House Congress and the inside-the-beltway effort, by the way—my phones in my and here on the floor of the Senate mentality is how out of touch it is with office—and you might want to check that we are not going to raise taxes for what the American people are thinking your offices, but my office phones are people earning less than $250,000 a year. and what the American people are be- bouncing off the hook from people in Maybe I am wrong. But I thought I lieving. Yesterday there was a poll in Vermont and all over this country say- heard that many times. Well, if you the Washington Post. I ask unanimous ing: Do not cut Social Security. vote for the chained CPI, in fact you consent that that poll be printed at the are raising taxes on a whole lot of peo- conclusion of my remarks. So I would say to the American peo- ple, including low-income working The PRESIDING OFFICER. Without ple, right now a deal is being hatched families. Under the chained CPI, low- objection, it is so ordered. which would cut Social Security and income workers would see their taxes (See exhibit 1). benefits for disabled veterans, raising go up by 141⁄2 percent, mainly by cut- MR. SANDERS. What that poll said— taxes on low-income workers. If you ting the earned income tax credit and I hope my colleagues are listening— think that is a bad idea, you might the refundable childcare tax credit. So this is yesterday in the Washington want to get ahold of your Senator or if we are going to keep faith with what Post, and this is absolutely consistent Member of the House. we have said here, I say to my Demo- with every other poll I have seen—60 Let me conclude by saying, in my cratic and Republican friends: No tax percent of the American people believe view, deficit reduction is a serious increases for workers making less than it would be unacceptable to change the issue. We, as you know, have already $250,000 a year. We better reject this way Social Security benefits are cal- cut $1.5 trillion in programs as a result chained CPI. culated so that benefits increase at a of the agreements in 2010 and 2011, and Furthermore, I must tell you that I slower rate than they do now in order up to this point the millionaires and am disappointed, because I thought I to strike a budget deal. Only 34 percent billionaires have not contributed one heard a few weeks ago my friends in would find this acceptable. Sixty per- nickel—one nickel—more in taxes. So the White House telling us that Social cent of the American people believe it deficit reduction is a serious issue. I Security—telling us truthfully, cor- would be unacceptable to raise the age look forward to playing an active role rectly—has nothing to do with deficit of Medicare eligibility, 68 percent of in making sure that we address that se- reduction, because Social Security is the American people believe it would rious problem. But I will do everything funded by the payroll tax, and that So- be unacceptable to cut spending on in my power to make sure we do not cial Security should be off the table in Medicaid. But 74 percent of the Amer- balance the budget on the backs of vet- terms of deficit reduction. I heard that ican people said in this poll that they erans, the elderly, the children, the many, many times. So I wonder how would accept raising taxes on Ameri- sick, and the poor, and low-income Social Security has suddenly gotten cans with incomes of over $250,000 a working people. back on the table, including a chained year. This is consistent with every (EXHIBIT 1) CPI, with devastating cuts to seniors other poll that is out there. The Amer- PUBLIC WANTS COMPROMISE ON FISCAL CLIFF, and disabled vets. ican people are saying: Wait a minute. BUT SPECIFICS UNPOPULAR I think we should deal with Social The middle class, the working class is IN THIS POLL: Security. I think Senator DICK DURBIN hurting. Do not cut Social Security, made a good point: Let’s deal with it. Medicare, Medicaid. That is what they With the end of the year approaching, Let’s deal with it separately. Let’s de- Americans give Obama his highest approval said yesterday in the poll. ratings in over a year and key advantages termine how, in a fair way, we can What they also said, at a time over Republicans in the battle over the so- make Social Security solvent for the when the rich are getting richer, yes, called ‘fiscal cliff.’ Still, majorities say both next 50 or 75 years without cutting ben- they should be asked to contribute Obama and Republicans are not willing efits. more in taxes. I mentioned earlier that enough to compromise to reach a deal.

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POLL QUESTIONS Q: If deficit reduction comes both from Very concerned—44%; Somewhat con- Q. Do you approve or disapprove of the way (cutting spending) AND from (increasing cerned—31; Not too concerned—14; Not con- Barack Obama Is handling his job as presi- taxes), should it be more from (cutting cerned at all—9; No opinion—2. dent? spending), or more from (increasing taxes) or Q: Has the leadership of the Republican APPROVE—54% should it be half from each? Party been too willing or not willing enough DISAPPROVE—42 More from cutting spending—47%; More to compromise with Obama on the budget Q. Do you approve or disapprove of the way from increasing taxes—10; Half from each— deficit? Obama is handling the economy? 41; No opinion—2. Too willing—14%; Not willing enough—76; APPROVE—50% Q: in order to strike a budget deal, would About right—2; No opinion—8. DISAPPROVE—48 you accept Cutting spending on Medicaid, Q: Has Obama been too willing or not will- Q. Do you approve or disapprove of the way which is the government health insurance ing enough to compromise with the leader- Obama is handling taxes? program for the poor or is this something ship of the Republican Party on the budget APPROVE—48% you would find unacceptable? deficit? ACCEPT—28% DISAPPROVE—45 Too willing—28%; Not willing enough—57; Q. Do you approve or disapprove of the way UNACCEPTABLE—68 About right—5; No opinion—10. Obama is handling Budget negotiations to Q: In order to strike a budget deal that Q: Generally speaking, do you usually avoid the so-called ‘fiscal cliff’? avoids the so-called ‘fiscal cliff’, would you APPROVE—45% accept Cutting military spending or is this think of yourself as . . .? DISAPPROVE—43 something you would find unacceptable? Democrat—31%; Republican—24; Inde- Q. Do you think Obama has a mandate to ACCEPT—42% pendent—38. carry out the agenda he presented during the UNACCEPTABLE—55 Mr. SANDERS. I yield the floor and I presidential campaign, or should he com- Q: In order to strike a budget deal that suggest the absence of a quorum. promise on the things the Republicans avoids the so-called ‘fiscal cliff’, would you The PRESIDING OFFICER (Mr. accept Raising taxes on Americans with in- strongly oppose? UDALL of New Mexico.) The clerk will comes over 250-thousand dollars a year or is OBAMA HAS MANDATE TO CARRY OUT call the roll. AGENDA—34% this something you would find unacceptable? OBAMA SHOULD COMPROMISE—56 ACCEPT—74% The legislative clerk proceeded to Q: Which comes closest to describing the UNACCEPTABLE—24 call the roll. way you feel about the outcome of the 2012 Q: In order to strike a budget deal that Mr. COONS. Mr. President, I ask presidential election: enthusiastic, satisfied avoids the so-called ‘fiscal cliff’, would you unanimous consent that the order for but not enthusiastic, dissatisfied but not accept Raising the age for Medicare coverage the quorum call be rescinded. angry or angry? from 65 to 67 or is this something you would Enthusiastic—23%; Satisfied but not en- find unacceptable? The PRESIDING OFFICER. Without thusiastic—31; Dissatisfied but not angry— ACCEPT—36% objection, it is so ordered. 31; No opinion—2. UNACCEPTABLE—60 Mr. COONS. Mr. President, I ask Q: Do you approve or disapprove of the way Q: In order to strike a budget deal, would unanimous consent to speak as in The Democrats in Congress are doing their you accept Changing the way Social Secu- morning business for a period of up to Job? rity benefits are calculated so that benefits 20 minutes. APPROVE—39% increase at a slower rate than they do now or DISAPPROVE—56 is this something you would find unaccept- The PRESIDING OFFICER. Without Q: Do you approve or disapprove of the way able? objection, it is so ordered. The Republicans in Congress are doing their ACCEPT—34% NEWTOWN, CONNECTICUT TRAGEDY job? UNACCEPTABLE—60 Mr. COONS. Mr. President, I rise APPROVE—25% Q: In order to strike a budget deal, would DISAPPROVE—70 you accept Capping the amount of money today with a heavy heart. When we Q: Do you approve or disapprove of the way people can claim in tax deductions at no first heard of the horrific shooting in the Republican leaders of Congress are han- more than 50-thousand dollars a year or is Newtown, CT, on Friday, it was impos- dling budget negotiations to avoid the so- this something you would find unacceptable? sible for me not to react, not just as a called ‘fiscal cliff’? ACCEPT—54% Senator but as a parent, as a father. APPROVE—26% UNACCEPTABLE—36 And as my wife and I spent the week- DISAPPROVE—65 Q: How likely do you think it is that end reflecting on the heartbreaking Q: Who do you trust to do a better Job Cop- (Obama) and (Republicans in Congress) will ing with the main problems the nation faces agree on a budget plan that avoids the fiscal loss of 20 innocent children and 6 of over the next few years—(Obama) or (the Re- cliff? their teachers and faculty, as we publicans in Congress)? Very likely—14%; Somewhat likely—38; talked to our own 3 young children Obama—50%; Republicans—35; (VOL) Both Somewhat unlikely—26; Very unlikely—19; about what had happened, we thought equally—1; (VOL) Neither—11; No opinion—3. No opinion—2. about the grief and the anguish for a Q: Who do you trust to do a better job Han- Q. If a budget agreement is not reached, whole range of different parents deeply dling the economy—(Obama) or (the Repub- who do you think will be mainly to blame— touched by this tragic incident. licans in Congress)? (the Republicans in Congress) or (Obama)? Obama—54%; Republicans in Congress—36; Republicans in Congress)—47%; Obama—31; The first, of course, are the parents (VOL) Both equally—1; (VOL) Neither—7; No (VOL) Both—18; (VOL) Neither—*; No opin- who lost their precious innocent chil- opinion—1. ion—3. dren, their 6- and 7-year-olds in the Q: Who do you trust to do a better job Pro- Q: How concerned are you, if at all, about massacre at Sandy Hook Elementary tecting the middle class—(Obama) or (the what may happen to the national economy if School last Friday. Joel and JoAnn Republicans In Congress)? Obama and Congress cannot reach a budget Bacon lost their precocious, outgoing, Obama—58%; Republicans in Congress—32; agreement? red-haired daughter Charlotte, just 6 (VOL) Both equally—1; (VOL) Neither—7; No Very concerned—58%; Somewhat con- opinion—3. cerned—30; Not too concerned—7; Not con- years old. JoAnn had recently bought Q: Who do you trust to do a better job Han- cerned at all—3; No opinion—1. Charlotte a new holiday dress in her fa- dling taxes—(Obama) or (the Republicans in Q: How concerned are you, if at all, about vorite color—pink—and a pair of white Congress)? what may happen to your personal finances boots. Charlotte had begged and begged Obama—46%; Republicans in Congress—42; If Obama and Congress cannot reach a budg- to wear her new outfit early, and on (VOL) Both equally—1; (VOL) Neither—9; No et agreement? Friday, December 14, the last day of opinion—3. Very concerned—48%; Somewhat con- Charlotte’s young life, her mother Q: Who do you trust to do a better job Han- cerned—32; Not too concerned—11; Not con- JoAnn agreed. dling the federal budget deficit—(Obama) or cerned at all—10; No opinion—1. (the Republicans in Congress)? Q: How concerned are you, if at all, about Steve and Rebecca Kowalski lost Obama—45%; Republicans in Congress—41; what may happen to the government’s abil- their active and athletic 7-year-old son (VOL) Both equally—2; (VOL) Neither—10; ity to operate effectively if Obama and Con- Chase. Just 2 days before the shooting, No opinion—3. gress cannot reach a budget agreement? Chase’s next-door neighbor had asked Q: Overall, what do you think is the best Very concerned—48%; Somewhat con- him what he wanted for Christmas, and way to reduce the federal budget deficit—(by cerned—30; Not too concerned—11; Not con- I understand he pointed to his two cutting federal spending), (by increasing cerned at all—9; No opinion—2. missing front teeth. taxes) or by a combination of both? Q: How concerned are you, if at all, about Cutting federal spending—29%; Increasing what may happen to the U.S. military if Any of us who have had the special taxes—4; Combination of both—65; No opin- Obama and Congress cannot reach a budget blessing and joy of raising young chil- ion—2. agreement? dren, especially at holiday time, can

VerDate Mar 15 2010 06:44 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.003 S19DEPT1 jbell on DSK7SPTVN1PROD with S8176 CONGRESSIONAL RECORD — SENATE December 19, 2012 only imagine the unbearable sorrow of someday be watching the television So what do we owe these parents? these families who now and forever will with horror as the tragic actions of his What can we offer their families be- have a child-sized hole in their hearts child unfold. sides our thoughts and prayers? I be- and their lives. We think of the story also shared on- lieve we must fulfill our central re- We offer you whatever small measure line of the mother in Idaho, terrified sponsibility of protecting the safety of of comfort we can in knowing that you her own son has the capacity to kill our children and our communities, are not alone, that all across this coun- someday and yet without the ability to while also preserving the individual try and around the world people pray give him the intensive medical care, liberties guaranteed in our Constitu- for your healing, and we all hope that treatment, and intervention she be- tion. with time you and your families can lieves he needs. On Sunday night, we watched Presi- come to understand and live through Across this country, mental health dent Obama speak to a community the grief of this moment. care is a growing challenge for us. Be- reeling in shock and grief, for the We also think of other parents, par- tween 2009 and 2011, States cut more fourth time in his time as President. ents who years before raised their than $2 billion from community mental He asked us as a Nation whether we are young adult children to give back to health services. Two-thirds of States doing enough to protect our children, their community and the next genera- have significantly slashed funding in and he gave us the painfully honest an- tion—young adults who chose to be- these difficult economic times, leaving swer that we did not give ourselves come teachers. In addition to the parents seeking help for their mentally after Fort Hood, after Tucson, after heroics of school principal Dawn ill children often with nowhere to turn. Aurora. He said, No, we are not. We are Hochsprung, school psychologist Mary We must do better for all these par- not doing enough to protect our own Sherlach, and teacher Anne Marie Mur- ents—the parents who lost their chil- children. phy, a mother of four herself, three dren at Sandy Hook Elementary, the Horrible crimes like these have a other very young teachers gave their parents who lost their children who very complex web of causes—including, lives to protect the students in their were teachers and faculty, the families of course, mental illness. This com- care: Lauren Rousseau, a 30-year-old of those who were first responders, and plexity presents us with a complicated substitute teacher; Victoria Soto, a he- families who struggle with children challenge. But the reality is the United roic 27-year-old teacher; and Rachel with mental illness and mental health States has the highest rate of gun Davino, a 29-year-old whose boyfriend problems. deaths in the industrialized world, was planning to propose on Christmas But, frankly, this week I also think nearly 20 times higher than comparable Eve. Their parents too, their families about parents all over our country who nations. are in our prayers. have lost their children, just as pre- In my view, this calls out for a com- Also in our hearts today are the fam- cious and just as innocent as those at prehensive approach, for a thorough ilies of the courageous first responders Sandy Hook, to gun violence, outside and searching examination of the who rushed toward danger as everyone the media spotlight. The truth is gun causes of this uniquely American cri- else rushed away. In any emergency, violence knows no boundaries of race sis. I believe it requires action by this Mr. President, as you know, being a or class, but our national response at Congress and our President. former attorney general, our law en- times seems to. I have received calls and letters, e- forcement officers face unknown dan- There were 41 murders in Delaware mails and Facebook posts, from Dela- ger with extraordinary courage. At alone last year, 28 of them where guns wareans around the State, Republicans Sandy Hook Elementary, police offi- were used as the murder weapon. and Democrats, doctors and teachers, cers rushed to the site knowing full Sixteen-year-old Alexander Kamara parents and children. They have shared well that an armed gunman awaited was playing in a soccer tournament at with me their grief and their ideas, and them. What they found was unimagi- Eden Park in my hometown of Wil- they have called for action. nable. Thank God they arrived as mington this summer when he was shot The United States has a long and quickly as they did or the carnage and killed in execution style. proud tradition of independence, of pro- might have been worse. But we need Dominique Helm, age 19, was stand- tecting ourselves, of exercising our but reflect for a moment on what those ing with his teenage cousins on the right to self-determination, of hunting police officers and firefighters and steps of his Brandywine Village and of a sporting tradition that is en- folks from the ME’s office ultimately rowhouse last September when a gun- shrined in our second amendment. And found—unspeakable carnage. These he- man opened fire. He stumbled through we have to recognize the importance— roes could not react as parents, as com- the doorway and died in his living the legitimacy—of the concerns of gun munity members. They had to choke room as his mother Nicole ran to him. owners to know that in the debate that back their own grief and horror to Stories like this are tragically, ap- can and will and should unfold in this carry out their professional respon- pallingly, common across our country Chamber we will respect their right to sibilities to catalogue, investigate, and every day. Every day, 34 Americans are bear arms and that we will respect and document every detail of this tragic murdered with a gun. It happens in our honor this most important part of scene so that justice could be done and streets and in our neighborhoods. It America’s fabric. But every constitu- lessons learned. The scars of those long happens in movie theaters in Aurora, tionally protected right has its bound- hours on a crime scene like this last a CO, and houses of worship at Oak aries, its limitations. lifetime, and first responders all across Creek, WI. It happens in high schools I am troubled in particular by the this country in situations such as this in Littleton, CO, and at a college cam- thread that ties together too many of bear them with honor and dignity and pus in Blacksburg, VA. It happens out- these tragic mass shootings: that the without complaint. side a supermarket in Tucson, AZ, perpetrator had clear mental health This tragedy, of course, also has rip- where one of the six people killed was problems, unaddressed, untreated men- ple effects far beyond Sandy Hook and 9-year-old Christina Taylor Green—a tal illness challenges, and used mili- far beyond Newtown, CT. All over this child herself born on 9/11, imbued with tary-style weapons and clips that have country there are parents whose chil- a sense of hope and a call to public no place in everyday civilian life. dren struggle with mental illness, with service, who wanted to meet her Con- Several of my colleagues have al- mental health challenges, who don’t gresswoman Gabbie Giffords in order to ready come forward with proposals— have the resources they need to cope. learn more about public service. Senators MANCHIN, LAUTENBERG, WAR- My office has had many calls from wor- They say nearly 40 percent of Ameri- NER, FEINSTEIN, and others, and I will ried parents since Friday’s shootings, cans know someone directly who has touch on a few. worried for many reasons, but one that been a victim of gun violence. In I believe reinstating the ban on high- stood out for me was a dad from New- Christina’s case, her father was my capacity magazines, focusing on am- ark, DE, whose own child is struggling high school classmate back in Dela- munition and on the outrageously dev- with mental illness and who is working ware. Gun violence touches families, astating impact of military clips and hard to try to find the resources to en- communities, and neighborhoods all military ammunition particularly on sure appropriate care so that he won’t over this country. children across all these instances—I

VerDate Mar 15 2010 05:56 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.035 S19DEPT1 jbell on DSK7SPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — SENATE S8177 think we should focus on that, and re- come. I look forward to working with with the so-called fiscal cliff. To mil- instate the ban on high-capacity maga- the Presiding Officer and my col- lions of Americans, what’s happening zines in the next Congress. leagues in the weeks and months ahead here in Washington must be a mystery. In addition, Senator LIEBERMAN just to ensure that this time we act. The In less than 2 weeks, almost every the other day on the floor—and he has victims of Newtown, CT, deserve noth- single taxpaying citizen will face a been joined by Senator ROCKEFELLER— ing less. massive tax hike if we don’t act. For has called for a study to gain a better Mr. President, I yield the floor and I weeks now, the Speaker of the House, understanding of the linked issues of suggest the absence of a quorum. JOHN BOEHNER, has been trying to get mental health, mass shootings, and the The PRESIDING OFFICER. The this President to come up with a fair, desensitization of violence in our cul- clerk will call the roll. reasonable and balanced solution so we ture. President Obama has picked that The assistant legislative clerk pro- don’t go over this cliff. up and carried it forward, and is pro- ceeded to call the roll. The President, thinking he has some posing a new commission which the Mr. LEAHY. Mr. President, I ask sort of mandate after his reelection, Vice President—Delaware’s own JOE unanimous consent that the order for has been less than reasonable. In fact, BIDEN—will be chairing. It is my hope the quorum call be rescinded. this President has proposed more and that out of this important work we can The PRESIDING OFFICER. Without more spending, and more and more tax find a path forward that marries the objection, it is so ordered. hikes in his proposals to the Speaker, crying need to deal with mental health Mr. LEAHY. Mr. President, I know while the Speaker is trying to stop issues with cultural concerns about vi- we have Senators who have talked these tax hikes and deal with our over olence and desensitization with respon- about bringing amendments to the $16 trillion debt. The President just sible limitations on the excessive use floor. I know the distinguished major- can’t take yes for an answer. He must of military-style weapons and clips. ity leader is trying to get a finite list think that if he keeps slow-walking Last, in my view, we can and must do and a time to vote on them. I hope that these proposals that Republicans will more to keep guns out of the hands of can be done. I hope Senators who have get the blame—and members of his ad- those with a history of violent crime or amendments will bring them up, debate ministration have even reveled that demonstrated mental illness. Our data- them, and vote them up or down so we they would be more than happy if we base system is broken and has to be re- can get on with this bill. went over the cliff. paired. If you are a person whose home has What kind of cruel Christmas gift is At Virginia Tech, 32 students and been devastated or your children’s that? professors were murdered by a young school has been destroyed in this storm After the Speaker and the President man who got a gun he should have been or your business is only a pile of rub- exchanged offers this week, House Re- prohibited from buying. A court had al- ble—those people really find it pretty publicans are looking at having votes ready ruled he was mentally ill and difficult to see us, whether it is the on two competing pieces of legislation posed an imminent danger, but these U.S. Senate or the other body, standing as early as tomorrow. The first is legis- findings simply weren’t reported to the around saying we may have amend- lation that passed this body over the FBI’s gun background check system. ments, we may not have amendments, summer—deeply-flawed legislation That is a travesty. The parents of those we may have something that is not that every Democrat in this body sup- 32 murdered in Blacksburg, VA should germane to what we have here but we ported. be crying out for justice. want to make a message amendment. I should note that I put forward a We should ensure that no gun sold in They are saying: We are Americans— more common-sense alternative that this country is sold to someone we we are Americans and we are suffering. would have extended all the current know to be dangerous or who poses a Do something for us, just as this body direct threat to innocent Americans’ tax policy for 1 year during which time always has. Whether the disaster has lives. Today, an estimated 40 percent of we could undertake a comprehensive been in the Midwest, the West, the all gun sales—some 6 million weapons a overhaul of our bloated, broken tax Northeast, the Southeast, or the year—are sold by unlicensed dealers code. I think I characterized it as put- South, we have come together for our who aren’t required to conduct any ting it over for 1 year and dedicating fellow Americans. criminal background check under Fed- that year to tax reform, which we all Time is running out, and we should eral law. This is how 12 students and 1 know needs to be done. get moving. I urge Senators, bring your teacher were murdered at Columbine The second piece of legislation that amendments. If you really think they High School in Colorado, with guns the House will vote on is legislation have merit, if you really think they bought from an unlicensed seller—no that Speaker BOEHNER has called ‘‘Plan have anything to do with this disaster paperwork, no questions asked. B’’—a more limited piece of legislation It is my hope, it is my prayer, that relief, if you really think they are that extends almost all the current tax we will work to address this and many going to be able to help, bring them in policy as is in the law today. other complex but important issues in and let’s vote them up, vote them I understand that this ‘‘Plan B’’ is a the coming weeks and months, and down. But let’s not just sit here think- plan of necessity. And while I under- that we will consider all these pro- ing that maybe we can wait longer. stand that the Speaker continues to posals carefully and reach a balanced We get paid our salaries. I don’t negotiate with the President to try and but effective solution. know of any Senator who has lost his reach an agreement, the Speaker has I will apply the test of balance to or her home, certainly not his or her put this forward to force action from find ways that we can continue to re- business. They are still here, and they this intransigent White House. spect our traditions and protect con- still get paid every couple of weeks. What does the Speaker’s plan do? stitutional liberties while still advanc- That is not the case for hundreds of The Speaker’s plan would provide ing our moral requirement to keep our thousands of people. Let’s start acting seamless permanent tax relief for kids and our communities safe. to take care of them. American taxpayers who earn less than As parents, we can’t help but react I suggest the absence of a quorum. $1 million. For taxpayers earning above with horror at the slaughter of inno- The PRESIDING OFFICER. The $1 million, the statutory rates on ordi- cent children in their classrooms. We clerk will call the roll. nary and capital gain income would be all have to take time first to grieve The legislative clerk proceeded to set at the level President Obama and with our families and our communities; call the roll. Congressional Democrats have insisted but as policymakers, we also have a Mr. HATCH. Mr. President, I ask on. calling to react to the facts as we see unanimous consent that the order for My preference is clear. I have legisla- them. And in this regard a reaction the quorum call be rescinded. tion that this body voted on in August will have three stages: We need to re- The PRESIDING OFFICER. Without that shows what I believe is the better flect, we need to debate, and then we objection, it is so ordered. path. need to act. THE FISCAL CLIFF I oppose tax increases very strongly The reflection and the debate have Mr. HATCH. Mr. President, I rise and have said over and over that we already begun. The action is still to today to discuss the ongoing situation should not be touching tax rates. But I

VerDate Mar 15 2010 05:56 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.036 S19DEPT1 jbell on DSK7SPTVN1PROD with S8178 CONGRESSIONAL RECORD — SENATE December 19, 2012 also understand, given the reality be- essary from the Trust Fund’’ and inserting ‘‘(1) IN GENERAL.—The Secretary shall fore us, that the Speaker has to move ‘‘Of the funds of the Commodity Credit Cor- make available to a producer eligible for forward with a plan to force action. poration, the Secretary shall use such sums noninsured assistance under this section a Is it perfect from my perspective? No, as are necessary for fiscal year 2012’’; payment equivalent to an indemnity for ad- (3) in subsection (e)(1)— ditional coverage under subsections (c) and but we cannot let the perfect be the (A) by striking ‘‘The Secretary’’ and in- (h) of section 508 of the Federal Crop Insur- enemy of the good. serting ‘‘Of the funds of the Commodity ance Act (7 U.S.C. 1508) that does not exceed The Speaker, in my view, is the only Credit Corporation, the Secretary’’; and 65 percent, computed by multiplying— person in these negotiations trying to (B) by striking ‘‘per year from the Trust ‘‘(A) the quantity that is less than 50 to 65 find a resolution. I commend him—I Fund’’ and inserting ‘‘for fiscal year 2012’’; percent of the established yield for the crop, admire him—I back him—and I know (4) in subsection (f)(2)(A), by striking ‘‘the as determined by the Secretary, specified in he is working hard discussing this leg- Secretary shall use such sums as are nec- increments of 5 percent; islation with the members of the House essary from the Trust Fund’’ and inserting ‘‘(B) 100 percent of the average market Republican Conference as they move ‘‘of the funds of the Commodity Credit Cor- price for the crop, as determined by the Sec- poration, the Secretary shall use such sums retary; and towards a vote. as are necessary for fiscal year 2012’’; and ‘‘(C) a payment rate for the type of crop, as I hope they support this plan. How- (5) in subsection (i), by striking ‘‘Sep- determined by the Secretary, that reflects— ever, it turns out, if I was a member of tember 30, 2011’’ and inserting ‘‘September ‘‘(i) in the case of a crop that is produced the House, I would. 30, 2012 (except in the case of subsection (b), with a significant and variable harvesting But I am a Member of the Senate and which shall be September 30, 2011)’’. expense, the decreasing cost incurred in the this leads me to ask: after the House (b) This section is designated by Congress production cycle for the crop that is, as ap- passes ‘‘Plan B’’ and defeats the Senate as being for an emergency requirement pur- plicable— Democrats’ tax bill, what is it that suant to— ‘‘(I) harvested; ‘‘(II) planted but not harvested; or Senate Democrats want to do? (1) section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act ‘‘(III) prevented from being planted be- The House will presumably send its of 1985 (2 U.S.C. 901(b)(2)(A)(i)); and cause of drought, flood, or other natural dis- bill to the Senate. Senator REID and (2) section 4(g) of the Statutory Pay-As- aster, as determined by the Secretary; or the White House have already said it is You-Go Act of 2010 (Public Law 111-139; 2 ‘‘(ii) in the case of a crop that is produced dead on arrival in the Senate. I find U.S.C. 933(g)). without a significant and variable harvesting that very curious indeed since so many SEC. 102. (a) Section 196 of the Federal Ag- expense, such rate as shall be determined by Democrats seem to have wanted ex- riculture Improvement and Reform Act of the Secretary. actly what the Speaker is giving them. 1996 (7 U.S.C. 7333) is amended— ‘‘(2) PREMIUM.—To be eligible to receive a Then they complain that the Speaker’s (1) in subsection (a)— payment under this subsection, a producer shall pay— plan isn’t ‘‘balanced,’’ despite the fact (A) by striking paragraph (1) and inserting the following: ‘‘(A) the service fee required by subsection that the President in a proposal was ‘‘(1) IN GENERAL.— (k); and calling on more stimulus spending and ‘‘(A) COVERAGES.—In the case of an eligible ‘‘(B) a premium for the applicable crop for the continuation of so-called tem- crop described in paragraph (2), the Sec- year that is equal to— porary stimulus tax provisions that the retary of Agriculture shall operate a non- ‘‘(i) the product obtained by multiplying— President now somehow wants to make insured crop disaster assistance program to ‘‘(I) the number of acres devoted to the eli- permanent. provide coverages based on individual yields gible crop; So I would say to my friends on the (other than for value-loss crops) equivalent ‘‘(II) the yield, as determined by the Sec- retary under subsection (e); other side of the aisle, what is it ex- to— ‘‘(i) catastrophic risk protection available ‘‘(III) the coverage level elected by the pro- actly that you want to do? under section 508(b) of the Federal Crop In- ducer; What is it that Senate Democrats surance Act (7 U.S.C. 1508(b)); or ‘‘(IV) the average market price, as deter- and the White House want? ‘‘(ii) additional coverage available under mined by the Secretary; and We are all waiting. subsections (c) and (h) of section 508 of that ‘‘(ii) 5.25-percent premium fee. The American people are waiting. Act (7 U.S.C. 1508) that does not exceed 65 ‘‘(3) LIMITED RESOURCE, BEGINNING, AND SO- Enough of the games. Put your percent. CIALLY DISADVANTAGED FARMERS.—The addi- money where your mouth is, and tell ‘‘(B) ADMINISTRATION.—The Secretary shall tional coverage made available under this us what you think is better than what carry out this section through the Farm subsection shall be available to limited re- Service Agency (referred to in this section as source, beginning, and socially disadvan- Speaker BOEHNER is ultimately going taged producers, as determined by the Sec- to put forward. the ‘Agency’).’’; and (B) in paragraph (2)— retary, in exchange for a premium that is 50 If I were in the House, I would be sup- (i) in subparagraph (A)— percent of the premium determined for a porting Speaker BOEHNER. Frankly, I (I) in clause (i), by striking ‘‘and’’ after the producer under paragraph (2). do support Speaker BOEHNER. semicolon at the end; ‘‘(4) ADDITIONAL AVAILABILITY.— I yield the floor. (II) by redesignating clause (ii) as clause ‘‘(A) IN GENERAL.—As soon as practicable, The PRESIDING OFFICER. The Sen- (iii); and the Secretary shall make assistance avail- ator from Oregon is recognized. (III) by inserting after clause (i) the fol- able to producers of an otherwise eligible lowing: crop described in subsection (a)(2) that suf- AMENDMENT NO. 3367, AS MODIFIED ‘‘(ii) for which additional coverage under fered losses— Mr. MERKLEY. Mr. President, I ask subsections (c) and (h) of section 508 of that ‘‘(i) to a 2012 annual fruit crop grown on a for the regular order with respect to Act (7 U.S.C. 1508) is not available; and’’; and bush or tree; and my amendment, No. 3367. (ii) in subparagraph (B)— ‘‘(ii) in a county covered by a declaration The PRESIDING OFFICER. The (I) by inserting ‘‘(except ferns)’’ after ‘‘flo- by the Secretary of a natural disaster for amendment is now pending. ricultural’’; production losses due to a freeze or frost. Mr. MERKLEY. I have a modification (II) by inserting ‘‘(except ferns)’’ after ‘‘or- ‘‘(B) ASSISTANCE.—The Secretary shall at the desk. I ask that my amendment namental nursery’’; and make assistance available under subpara- (III) by striking ‘‘(including ornamental graph (A) in an amount equivalent to assist- be so modified. ance available under paragraph (1), less any The PRESIDING OFFICER. The fish)’’ and inserting ‘‘(including ornamental fish, but excluding tropical fish)’’; fees not previously paid under paragraph (2). amendment is so modified. (2) in subsection (d), by striking ‘‘The Sec- (b)(1) Effective October 1, 2017, subsection The amendment is as follows: retary’’ and inserting ‘‘Subject to subsection At the end of title I, add the following: (a) and the amendments made by subsection (l), the Secretary’’; (a) (other than the amendments made by GENERAL PROVISIONS—THIS CHAPTER (3) in subsection (k)(1)— clauses (i)(I) and (ii) of subsection (a)(1)(B)) SEC. 101. (a) Section 531 of the Federal Crop (A) in subparagraph (A), by striking ‘‘$250’’ are repealed. Insurance Act (7 U.S.C. 1531) is amended— and inserting ‘‘$260’’; and (1) in subsection (c)(1), by striking ‘‘The (B) in subparagraph (B)— (2) Effective October 1, 2017, section 196 of Secretary shall use such sums as are nec- (i) by striking ‘‘$750’’ and inserting ‘‘$780’’; the Federal Agriculture Improvement and essary from the Trust Fund’’ and inserting and Reform Act of 1996 (7 U.S.C. 7333) shall be ap- ‘‘Of the funds of the Commodity Credit Cor- (ii) by striking ‘‘$1,875’’ and inserting plied and administered as if subsection (a) poration, the Secretary shall use such sums ‘‘$1,950’’; and and the amendments made by subsection (a) as are necessary for fiscal year 2012’’; (4) by adding at the end the following: (other than the amendments made by clauses (2) in subsection (d)(2), by striking ‘‘The ‘‘(l) PAYMENT EQUIVALENT TO ADDITIONAL (i)(I) and (ii) of subsection (a)(1)(B)) had not Secretary shall use such sums as are nec- COVERAGE.— been enacted.

VerDate Mar 15 2010 05:56 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.039 S19DEPT1 jbell on DSK7SPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — SENATE S8179 (c) This section is designated by Congress I was first elected to public office view has gained traction in recent as being for an emergency requirement pur- when the Reagan revolution was in full years that consumption fueled by gov- suant to— swing. Maximizing freedom guided the ernment spending actually creates eco- (1) section 251(b)(2)(A)(i) of the Balanced policies of that era, with tremendous nomic growth. It doesn’t. It just moves Budget and Emergency Deficit Control Act success. My goal as a public servant of 1985 (2 U.S.C. 901(b)(2)(A)(i)); and money around by taking from people (2) section 4(g) of the Statutory Pay-As- has been to advance and maintain a who produced it and could productively You-Go Act of 2010 (Public Law 111-139; 2 consensus in favor of the so-called spend or reinvest it and giving it to U.S.C. 933(g)). three legs of the Reagan public policy government to spend. Consumption is Mr. MERKLEY. I also ask unanimous stool. the wrong target. One, dynamic, growth-oriented eco- consent to add Senator FRANKEN, Sen- People only change their spending nomics; two, the social values that ator TIM JOHNSON, and Senator TOM habits when they know they will have make limited government possible; and UDALL as cosponsors to the amend- greater consistent income over time; ment. three, a national security commitment for example, when they receive a raise The PRESIDING OFFICER. Without that emphasizes a strong and sovereign at work or get a permanent tax cut. objection, it is so ordered. America. In each of the three areas, That is why temporary stimulus tax Mr. MERKLEY. Mr. President, I maximizing freedom and the positive gimmicks don’t work. yield the floor. results that flow from that is the goal. If the problem with the economy is Mr. LEAHY. Mr. President, I suggest Let’s turn first to economic freedom. supposedly a lack of consumption, the the absence of a quorum. The Reagan years showed us that ex- government cannot solve that problem The PRESIDING OFFICER. The panding economic freedom should be by spending for us. After all, it is our clerk will call the roll. the North Star, the guiding light of tax money that is being taken out of The bill clerk proceeded to call the U.S. policy because it is the best way the economy and spent. When govern- roll. to achieve sustained and broad-based ment borrows, it will eventually have Mr. INHOFE. Mr. President, I ask prosperity for all. Free markets, low to tax the people to pay back what it unanimous consent that the order for taxes, and limited government allow has borrowed. There is no free lunch. the quorum call be rescinded. citizens to use their talents and re- For the government to spend, tax- The PRESIDING OFFICER. Without sources in whatever way they choose payers have to give up wealth they objection, it is so ordered. and keep more of the fruits of their could have spent or invested. Keynes- labor. ORDER OF PROCEDURE ian demand-side economics assumes I encourage people to invest, work, the government is more efficient at Mr. INHOFE. Mr. President, it is my start businesses, and hire others. In spending our money than we are. That understanding that at 4 o’clock, Sen- other words, free markets promote eco- assumption has proved to be incorrect ator DURBIN from Illinois will be speak- nomic well-being for all. Cutting taxes ing. I ask unanimous consent that I be time and again. at the margins; that is, reducing the Wise policymakers will find the right allowed to speak at the conclusion of rate of tax on the next $1 earned, en- balance between the need for more tax his remarks, at or around 4:15. courages growth. Raising taxes can revenue and the need for more eco- The PRESIDING OFFICER. Is there have the opposite effect. Nobel econo- nomic freedom. They will remember objection? Without objection, it is so mist Edward Prescott of Arizona has there is no fixed economic pie that leg- ordered. found that higher marginal tax rates islators should try to divide. They will The Senator from Arizona is recog- are the reason Europeans work one- remember that labor, capital, and tech- nized. third fewer hours than Americans. f When marginal rates are lower, pros- nology are the real factors that drive long-term economic growth, not gov- FAREWELL TO THE SENATE perity flows to other sectors of society, allowing businesses to create jobs and ernment spending. They will stop Mr. KYL. Mr. President, I am deeply new products, compete for workers, shackling would-be entrepreneurs and honored to have served for 18 years as raise wages, invest their profits, which job creators with ever more burden- Arizona’s 10th Senator and for four then can be lent to other entre- some regulations. terms in the House of Representatives preneurs. Everyone gains in a free Here is some more good news about before that. Now it is time to move on. economy. As John F. Kennedy put it, a growth-based free enterprise. It is the My successor, Senator-elect JEFF rising tide lifts all boats. most moral economic system ever de- FLAKE, is a good and honorable public Look at what free enterprise has vised for three reasons. First, it is pre- servant who will work hard on behalf achieved. After President Reagan dra- mised on the truth that success only of our great State of Arizona, and my matically lowered tax rates and comes by supplying something to oth- colleague JOHN MCCAIN will continue trimmed regulation, income increased ers that they need or want. In the bar- his long and dedicated public service as in every quintile. Millions of new pri- gain, both sides benefit. Second, this well. I appreciate the remarks he deliv- vate sector jobs were created and the system has produced incredible wealth ered here yesterday. stock market soared, tripling in value around the world, lifting millions out I say thank you to my colleagues for over 8 years. The lower tax rates, re- of poverty. No economic system can your friendship. It has been a privilege duced regulatory burden produced a come close in helping that many peo- working with so many of you on both more robust economy and a more ro- ple. So it is the most moral economic sides of the aisle. While it is true that bust economy meant more revenue for system in providing material benefits, Washington would benefit from more government. Similar results attended but that is only part of the story. civility, the Senate behind the scenes the tax rate reductions during the Free enterprise provides more than is an extraordinarily collegial institu- Presidency of George W. Bush. increased income and material pros- tion, and I will certainly miss that as- In recent years, many policymakers perity. Those things help, but they are pect of the job. have forgotten these lessons. Since not what make humans thrive. The key I also thank my staff, past and 2008, America’s score in the Index of determinant of lasting happiness and present, for working so many long Economic Freedom has declined sig- satisfaction is what American Enter- hours and for spending so much time nificantly to the point that we are no prise Institute president Arthur Brooks analyzing the issues that will deter- longer considered a free economy but, has called earned success. People are mine America’s future. rather, a mostly free economy. That is happiest when they do something they Farewell speeches offer the oppor- what happens when we dramatically in- are good at, when they create value in tunity to reminisce about the past. I crease government spending and regu- the lives of others, and genuinely earn actually do not believe that would be lations. Now we are on the verge of a their income regardless of how much it the best use of either your time or massive tax increase which could un- is. mine. Instead, I am going to comment dermine small businesses and stifle Brooks put it very well in his book on some of the biggest public policy economic growth America badly needs. ‘‘The Battle,’’ and I quote: changes America faces and recommend Policymakers must focus on the Earned success gives people a sense of principles to guide the way forward. basic laws of economic input. A faulty meaning about their lives. And meaning also

VerDate Mar 15 2010 05:56 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.005 S19DEPT1 jbell on DSK7SPTVN1PROD with S8180 CONGRESSIONAL RECORD — SENATE December 19, 2012 is key to human flourishing. It reassures us the government bears more of a burden what they are and where they came that what we do in life is of significance and of caring for these children. The from. value, for ourselves and for those around us. growth in food stamps and other sup- Schools shape students’ views about To truly flourish, we need to know that the our priorities as a society and what ways in which we occupy our waking hours port programs makes the point. At are not based on mere pursuit of pleasure or some point, this makes it harder to principles are worth standing for. In- money or any other superficial goal. We need maintain a political consensus that fa- stead of teaching history and the fun- to know that our endeavors have a deeper vors limited government, economic damentals of America’s founding, purpose. freedom, and programs that help people many curriculums focus on small, po- The earned success that comes from out of poverty rather than entrenching litically correct topics such as gender, doing a job well explains why fabu- it. Why? class, diversity, and ethnicity. The en- lously wealthy people often choose not To quote Princeton scholar Robert P. tertainment industry and many major to retire after they have earned their George, limited government: media outlets, too, dwell on these top- fortunes. They are motivated by the Cannot be maintained where the marriage ics and lend them outsized importance. satisfaction that comes from spending culture collapses and families fail to form or These topics tend to be political and the day productively by creating, inno- easily dissolve. Where these things happen, emphasize what divides us. They ignore vating, and solving problems. They are the health, education, and welfare function our common heritage of freedom, creating purpose-driven value in their of the family will have to be undertaken by equality, self-reliance, human dignity, someone or some institution, and that will faith, and community. As William Ben- own lives and oftentimes tangible sooner or later be government. value in the lives of others. nett recently wrote: When we look at The effect of earned success also ex- In other words, in the absence of two- what students are being taught, it is plains why people who win the lottery parent families, the government fills easy to see why more of them prefer so- often become depressed when they find the financial role of the father, to say cialism over free market capitalism. out that free money offers hollow joy. nothing of the critical roles fathers He writes: ‘‘Politics is downstream Free enterprise promotes freedom to play. Over time, more and more Ameri- from the culture.’’ achieve and, therefore, more opportu- cans have come to rely on the govern- Bennett also noted that Plato said nities to earn success. It is the most ment to provide for their most basic the two most important questions in moral economic system ever created. It needs, needs that two-parent families society are: Who teaches the young and is also the fairest system because it re- have traditionally supported. Those what do we teach them. wards merit, hard work, and achieve- Americans are now competing for in- I believe we need to think long and ment. This is what brought my grand- creasingly scarce resources. hard about these two questions. It is parents to this country, along with This is not to judge the status of time to have a serious discussion about millions of other immigrants. Inciden- these families or to suggest it is in any civics education. If Americans don’t tally, real free enterprise has no place way inappropriate for government to understand or appreciate the founda- for crony capitalism because it doesn’t provide the help. It is precisely because tions of our republican government, have government picking winners and we do care that we provide help those foundations will gradually erode. losers. through government and other institu- In that sense, political and historical The biggest economic favor policy- tions. But that is an action to amelio- literacy is critical to the preservation makers can do for Americans is to fol- rate the effects of a condition, not to of our constitutional freedoms. low the Reagan legacy and support free change the underlying condition. As President Reagan famously said: market policies that create more op- I believe we must do all we can to re- Freedom is never more than one genera- portunity, more mobility and more vive the marriage culture, increase tion away from extinction. We didn’t pass it earned success and therefore more family stability, and ensure that more on to our children in the bloodstream. It human flourishing possible for every children grow up in two-parent house- must be fought for, protected, and handed on American. Free enterprise is the only holds. Strong families have always for them to do the same. economic system that gives us so many been the key to upward mobility and Moving to the last leg of the Reagan opportunities to pursue fundamental economic security. policy stool: national security. I have happiness and lasting satisfaction. If we want to remain an aspirational tried to follow the Reagan legacy of This brings us to the second leg of society, a society where children have pursuing peace through strength. As the Reagan stool—the question of val- the opportunities and the resources to President Reagan once said, ‘‘Of the ues. President Reagan devoted his pursue their dreams and create a better four wars in my lifetime, none came Presidency—and indeed his entire ca- life, we must encourage young Ameri- about because America was too reer in public life—to the expansion of cans to embrace what Ron Haskins and strong.’’ economic freedom. He also understood Isabel Sawhill of the Brookings Insti- President Reagan knew that weak- that economic freedom depends on cer- tution have called the success se- ness tempts aggression, and he believed tain cultural underpinnings, such as quence. That sequence is very simple: that deterrence meant ‘‘making sure marriage, family, and personal respon- Complete high school, get a full-time any adversary who thinks about at- sibility. He understood that family job, get married before having kids. If tacking the United States . . . con- breakdown and social pathologies we follow that sequence, we are vir- cludes the risks to him outweigh any would ultimately make people more re- tually guaranteed to avoid poverty. potential gains. Once he understands liant on government and thus more The marriage culture is fighting an that, he won’t attack. We maintain the eager for government to expand, sap- uphill battle against forces that peace through our strength; weakness ping them of individual responsibility threaten to overwhelm them. I urge ev- only invites aggression.’’ and the need to care for others in the eryone who believes in limited govern- American strength remains the best family or community. ment, economic freedom, and the real guarantor against major armed con- In short, Reagan understood that self-worth and well-being of our chil- flict between nation-states. While it is economic conservatism would not and dren to do their part in rebuilding the not our role to police the world—and could not survive unless social conserv- institution of marriage. No other social we couldn’t do it in any event—it is atism survived too. cause or campaign is more vital to also true that we are the indispensable The United States has a stronger America’s future. Nation to help safeguard liberal values philosophical attachment to freedom When it comes to shaping our cul- around the world. and limited government than any other ture, we must also improve the quality For America to continue its leader- Nation on Earth. Yet I also recognize of our students’ civic education. I fear ship role, however, we must have a that many cultural trends are working that many American students are grad- military with both the capability and against us. For example, nearly 41 per- uating from high school and college the flexibility to address a wide range cent of all American children are now with only the vaguest knowledge of our of challenges. And, yes, it means ade- born to unmarried women, compared founding and our Constitution and quately funding the military require- with fewer than 11 percent in 1970. what it means to be an American. It is ments, among other things, by avoid- Without stable, two-parent families, hard to defend rights if we don’t know ing the devastating sequestration of

VerDate Mar 15 2010 05:56 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.042 S19DEPT1 jbell on DSK7SPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — SENATE S8181 necessary defense investments. I wish vironment. Israel’s Iron Dome missile is protecting America today, and it is, to speak to four of our challenges: nu- defense system protected its popu- therefore, unlikely to keep up with fu- clear modernization, missile defense, lation against rocket attacks, giving ture threats. terrorist threats, and transnational Israeli military and political authori- As I said, there is very little funding law. ties the time and the space necessary devoted to new breakthrough tech- For the first time in the history of to avoid a devastating ground war, nologies that could provide even more U.S. nuclear policy, the President has which is ultimately what made a truce effective defenses for the United placed nuclear disarmament and non- possible. States, such as lasers and space-based proliferation, rather than nuclear de- As Secretary of Defense Panetta said interceptors. terrence, ‘‘atop the U.S. nuclear agen- at the time, ‘‘Iron Dome does not start We should remember, as NORTHCOM da.’’ wars, it helps prevent wars.’’ Commander General Jacoby has ex- Ironically, more treaties or unilat- Elsewhere in the world, Turkey has plained to Congress, that ‘‘no home- eral actions that take us closer to nu- requested NATO Patriot batteries to land task is more important than pro- clear disarmament will not help us re- protect it against Syrian ballistic mis- tecting the United States from a lim- duce the dangers we face today. Such siles potentially armed with chemical ited ICBM attack. . . . ’’ actions will only serve to make our al- weapons. Meanwhile, Japan, South Finally, one of the greatest chal- lies who depend on U.S. nuclear guar- Korea, and the United States recently lenges we face today stems from Rus- antees more nervous, while potentially activated their ballistic missile defense sian attempts to limit the development weakening the credibility of U.S. nu- systems in response to North Korea’s and deployment of U.S. and allied mis- clear deterrence. Senate support for long-range ballistic missile launch— sile defense systems. The United States the 2010 New START treaty was based yet another reminder that the threat cannot allow Russia to dictate to us upon a commitment to modernize our doesn’t stand still. limits on the capabilities of U.S. mis- In response to Iran’s development of aging nuclear complex and weapons. As sile defenses. If they could be effective nuclear weapons and longer range bal- that commitment starts to decay, it against a Russian launch, then so be it. listic missiles, NATO has agreed to will become increasingly difficult to That is what it means to protect Amer- support the deployment of short, me- rebuild the responsive nuclear infra- icans from potential threats. If the dium, and long-range missile defense structure that even the President Russians argue that they pose no pos- systems to protect alliance territory agreed is necessary for further nuclear sible threat, then our missile defense and thereby avoid potential Iranian nu- reductions as well as the continued should be irrelevant to them. clear blackmail. So the benefits of de- credibility of the U.S. nuclear arsenal. From negotiations on the New fense are well appreciated, especially Note that I said ‘‘for further nuclear START treaty to threatening the by those most directly affected or reductions.’’ They are literally depend- United States and NATO in an attempt threatened. ent upon the U.S. modernization. to limit our planned deployments in The New START proceedings made it We have proven that it is possible to Europe, the Russians have never aban- clear that the nuclear balance between hit a bullet with a bullet, and we have doned their goal of limiting the effec- the United States and Russia under debunked the Cold War-era argument tiveness of U.S. missile defense. The New START force levels would be sta- that missile defense contributes to a answer is not ‘‘reset’’ but recommit- ble—except, of course, for the huge di- new arms race. In fact, since the ment to the principle that the most versity—or disparity, I would say—in United States withdrew from the ABM moral way to protect the American tactical nuclear weapons that Russia Treaty, we have reduced the number of people from missile attacks is by mis- enjoys. But under this stability, there deployed nuclear weapons from 6,000 sile defense. would be no incentives to strike first under START to 1,700 under the Mos- The third national security challenge during a crisis nor would there be in- cow Treaty to 1,550 under the New I wish to briefly discuss is the threat of centives to grow our respective nuclear START treaty. We must continue to political Islam. To defeat an enemy, we arsenals in the future. We should, disabuse some of the notion that U.S. must first know the enemy, and that therefore, think very carefully before vulnerability to the Russian and Chi- includes calling them by their name: we contemplate any changes to long- nese nuclear arsenals is a source of sta- radical Islamists who seek to impose standing U.S. nuclear deterrence poli- bility when, in fact, the most impor- their ideology to rule others—to gov- cies or pursue further reductions in tant constitutional and moral duty of ern political, social, and civic life, as support of the President’s disarmament any President is to protect the Amer- well as religious life. agenda. ican people. We absolutely cannot know for cer- We have made some progress in de- Intelligence is key to defeating polit- tain that fewer numbers of weapons ploying domestic missile defenses since ical Islam. The Foreign Intelligence will make us safer. In fact, Henry Kis- the United States withdrew from the Surveillance Act, or FISA, and the PA- singer and Brent Scowcroft recently re- ABM Treaty in 2002, though we have TRIOT Act are good examples of the minded us ‘‘that strategic stability is also squandered opportunities to do tools we need to know what our en- not inherent with low numbers of more. Here are just a few missile de- emies are planning and who they are weapons; indeed, excessively low num- fense challenges for the future. before they strike. These tools cannot bers could lead to a situation in which First, over the past 4 years, the be allowed to expire. surprise attacks are conceivable.’’ Obama administration has consistently The PATRIOT Act reflects a recogni- Policymakers would do well to heed reduced funding for missile defense. tion that investigators charged with the advice of Winston Churchill offered Second, it has refocused funding on re- preventing acts of terrorism should in his last address to the United States gional missile defenses that protect have at least the same investigative Congress. He said: others at the expense of protecting the tools as Federal agents charged with Be careful above all things not to let go of homeland of the United States and de- targeting mobsters or health care the atomic weapon until you are sure, and veloping future technologies. Third, fraud. more than sure, that other means of pre- the administration has scaled back the The fourth and last national security serving peace are in your hands. number of ground-based interceptors challenge I will mention is the rise of Against the backdrop of more than protecting the homeland from 54 to transnational law, which poses a seri- 100 million war casualties from conven- only 30—numbers that do not begin to ous threat to American sovereignty. tional weapons in just the 30 years be- meet the standard established by the Our government was founded on the fore development of the atomic weap- Missile Defense Act of 1999, which re- principle that laws should be made on, Churchill’s advice is sobering in- quired a defense capable of addressing through the democratic process so that deed. accidental and unauthorized attacks the people could hold their legislators The second challenge we face is with from any source. And, fourth, the ad- accountable. The American people respect to missile defense. Recent ministration has no plans to modernize elected their own representatives and, events illustrate the importance of interceptors that are more than 20 therefore, control their own affairs. missile defense in today’s security en- years old. That is the technology that That is the theory.

VerDate Mar 15 2010 05:56 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.044 S19DEPT1 jbell on DSK7SPTVN1PROD with S8182 CONGRESSIONAL RECORD — SENATE December 19, 2012 Americans want the benefits of glob- the American Republic, and a resilient Senate’s top authority on nuclear al cooperation based on widespread ac- optimism about America’s future. weapons, but JON KYL is, and it is not ceptance of useful international ‘‘rules I thank my colleagues. the best way to get your face on cable of the road,’’ of course. But such rules, The PRESIDING OFFICER (Mr. news. Not a lot of air time is given to like our domestic laws, should be CARDIN.). The Senator from Texas. people who want to talk about such ar- adopted through democratic processes Mr. CORNYN. Mr. President, I wish cane but important topics. that assure accountability on the part to say a few words about our colleague, I have also watched Senator KYL over of the legislators. They should not be Senator JON KYL. I have always appre- the past couple of years cultivate more imposed by international bodies with ciated his comments, his thoughtful- junior Senators and help them become zero accountability to the American ness, his patriotism, and his intellec- experts in their own right on all of his people. tual leadership in the Senate. He will favorite issues. As a matter of fact, I The rise of global governance, I be- be sorely missed after 18 years in the attended a meeting on that just today lieve, challenges this principle. By Senate. I am sorry the Senate will be where he was trying to bring along a ‘‘global governance’’ I mean the use of losing Senator KYL’s extraordinary tal- number of us on the nuclear issue. Sen- multilateral treaties and other agree- ents, but as he retires from politics at ator KYL is always thinking about the ments to delegate power on matters the end of this month, I know he will future, always thinking about the next such as the environment, natural re- remain a powerful force in the world of generation of American leaders and the sources, and individual rights to new ideas. challenges they will face. international bodies with broad powers Time magazine named JON one of the JON quoted Margaret Thatcher, re- and little or no political account- 10 best Senators in 2006. At the time, he minding us there are no permanent vic- ability. Such issues have traditionally said: ‘‘You can accomplish a lot if tories in politics. He understands that been decided by the laws of individual you’re not necessarily out in front on the debate over limited government nations, not by international bureauc- everything.’’ That echoes Ronald Rea- and a robust national defense will racies. Some treaties would directly gan’s comment—one of his favorite slo- never be over, it will never be com- implicate U.S. national security flexi- gans: ‘‘There is no limit to what a man pletely won and, hopefully, never com- bility or capability. can do . . . if he doesn’t mind who gets pletely lost. That is why he has worked One such treaty was defeated by the the credit.’’ so hard to educate and encourage other Senate in 1999—the Comprehensive Nu- Over the last 18 years, JON KYL has younger Senators who will be fighting clear Test-Ban Treaty, which would accomplished a lot in this Chamber, these battles long after he leaves the have jeopardized America’s nuclear de- and he has never seemed to care one bit Chamber. terrent by preventing us from ever about who got the credit. When he an- As I mentioned earlier, JON KYL is again conducting tests of our nuclear nounced his retirement, the Wall tremendously principled. He is a proud weapons. We should never give up the Street Journal said JON ‘‘has been as conservative, but he is also a fair- right to verify that our nuclear deter- consequential as any Republican in minded and enormously effective legis- rent works. It is critical that we know, Congress over the last decade and a lator. Last February the New York that our allies who rely on these weap- half.’’ That is quite a compliment and Times declared that he ‘‘may be [one ons know, and that our potential ad- thoroughly deserved. of] the rare member[s] of his party who versaries know, or our weapons will As you could tell from his comments, combines the trust of conservatives, not have deterrent effect. I urge my JON has spent a career promoting the policy smarts, and forcefulness that colleagues to defeat this treaty again Reagan legacy. After he leaves, many are needed to secure deals that can should it come up before the Senate in of us will be promoting the Kyl legacy. pass.’’ the President’s second term. He is a person of strong principle, a It has been my great honor and privi- In conclusion, in all three areas I man deep in knowledge of public pol- lege to work with JON KYL on such have discussed here, we have had suc- icy, and a person—uncharacteristic in issues as immigration reform and cesses and we have had failures. I think politics—of remarkable humility. Here criminal law, among others. He is a of what Margaret Thatcher said as she is how one writer described his unique true patriot, a true intellectual in the was leaving public office; that there skill set. Senator KYL, he wrote, ‘‘is greatest sense of that term, and a truly are no permanent victories in politics. one of those rare breeds who seem to effective Senator for his State and for What she meant was one can leave of- make no strong enemies even while the Nation. After more than a quarter fice having upheld their principles and holding firm to a consistent philos- century of public service, including 18 having accomplished some of their pol- ophy.’’ As you have heard, he has been years here in the Senate, JON KYL de- icy goals, but that doesn’t mean there a leader on things ranging as wide as serves a happy and healthy and suc- will always be a consensus in favor of missile defense to criminal justice to cessful retirement, but he will be sore- their preferred policies or that their tax policy. ly missed by everybody in this Cham- accomplishments would not be reversed One of the things I have admired ber. in the future. about Senator KYL is he always seems Mr. President, I yield the floor. As I look back on my 26 years in Con- to be among the most knowledgeable The PRESIDING OFFICER. The Sen- gress and my 18 years in the Senate, I people in any room at any given time ator from Utah. am deeply proud of everything we have on any given topic that is under discus- Mr. HATCH. Mr. President, I wish to accomplished—from tax relief and wel- sion. When he speaks, people listen. echo the comments of the distin- fare reform to missile defense and nu- But he often willingly pushes others guished Senator from Texas. I have clear policy, not to mention things of into the spotlight rather than himself. served with JON KYL for his whole time primary importance to my State. But I It is because he thinks tactically: How in the U.S. Senate, and he is a lawyer’s also understand that political victories can I advance this policy or this idea, lawyer. I do not say that lightly. I do can be ephemeral because in a democ- not: How can I advance myself in the not consider many lawyers a lawyer’s racy, a debate over these issues never public spotlight. lawyer. JON is an excellent lawyer, one really ends. It is always ongoing. That certainly has been my experi- of the best I have met and certainly I will miss being involved in these ence with Senator KYL. But I would one of the best ever to sit in Congress. important debates and decisions di- add something else. He has also been a He also does not go off the deep end. rectly. From now on, my role in these courageous intellectual leader. He has When he speaks, anybody with brains matters will be as a private citizen, but consistently led on complex issues that should listen. Plus, he is a tremendous I still aim to be involved. other Senators have ignored or ne- example not just to some of us older It has been an honor—really the glected or just have a difficulty under- guys around here but especially to the privilege of a lifetime—to serve, and it standing, complex topics such as nu- new Senators and others who have is difficult to say goodbye. But I will clear modernization, missile defense, come into this body. He has been a piv- depart Capitol Hill with enormous and transnational law, each of which otal member of the Judiciary Com- faith in the American people, a pro- he mentioned in his remarks just a mo- mittee, including when I chaired it and found appreciation for the miracle of ment ago. It is not easy to become the when we did so many interesting

VerDate Mar 15 2010 05:56 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.045 S19DEPT1 jbell on DSK7SPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — SENATE S8183 things. He was a pivotal member on Mr. SESSIONS. Mr. President, I how the Constitution should be inter- leading to a balanced budget in the would like to associate myself with the preted and one I basically share for the middle of the 1990s. JON has argued for remarks of Senator CORNYN and Sen- most part. I think JON has. He under- that, has argued for these types of fis- ator HATCH. Both of them have spoken stands those issues. He is able to com- cal restraints and responsibilities like eloquently and correctly about the ab- municate the great richness of the no one I know. solutely unique and exceptional con- American heritage of law to the com- JON is one of the most honest and de- tributions JON KYL has made to Amer- mon people in language people can un- cent and credible people I have known ica and to the U.S. Senate. derstand, but he is also capable of read- in the whole time I have been in the There is no Senator I have admired ing the most complex legal document U.S. Senate. He has been an excellent more, no Senator I look to more to de- and being able to spot problems with it leader for our party. As assistant mi- cide how to cast my vote, and I mean and advocate changes in law that are nority leader and assistant majority that absolutely as a fact. The words sophisticated in the most technical de- leader, he has been a great, great lead- they have used I am not so eloquent as tails. er in our party. We have all trusted to say, but they do not overstate the I guess I would have to say Senator him because he is a person who is value of my friend JON KYL. HATCH is correct. This Senate, in my trustworthy. We have all listened to His statement that we just heard is a view, has never had a better lawyer him because he is a person worth lis- comprehensive analysis, overview of than JON KYL. He has argued cases be- tening to. We have all shared the pains the current situation of this great Re- fore the Supreme Court in his private of this place with him as friends and public of which we are a part. He practice days. Not many have been a brothers working together, we hope in meant every word of it. One of the part of that. the best interests of our country. And most remarkable things about it is So whether we are talking about the there is no question in anybody’s mind that on every vote, every time an issue crime victims advocacy efforts he has on either side of this floor, when it came up, those are the values he made over a long period of time here, comes to JON KYL, they know he is a sought to advance. And sometimes you recognizing that the law should be in true American patriot who has done have to take a step back to gain two existence to advance and protect inno- everything he could while he has been steps forward, but Senator KYL always cent people against the wrongdoers, here to keep this country strong. had a vision for what America should and that we ought not to become so ob- I have to say I have always been im- be. I believe it is the correct vision sessed with defendants’ rights that we pressed with JON KYL. I have watched that we have inherited from our ances- do not remember the victims who de- him close up for all these years, but I tors that has made this country so pro- serve vindication and remuneration for do not know that I have ever been ductive and so valuable. Everything he the crimes that have been put upon more impressed than when he led the has done, every effort he has made has them. fight with regard to nuclear weapons been to advance those good values—a There are other things I could say and with regard to START. He not only great America, a decent America. And and other issues we have joined in, that was well informed, he was the best in- he has understood it. we have fought on. On more than one formed, and this body should have lis- When he talks about free enterprise, occasion, JON has felt something was tened to everything he said. I am sure he explains why that is preferable to important. Sometimes those issues most people did. other forms of distribution of wealth. were not very popular, but he believed I do not think any of us would fail to Would you rather have politicians dis- they were important and would rally try to serve this country to the best of tribute the wealth in this country? He people. I have joined with him. We have our ability. All I can say, in closing, is can articulate that in a way that em- had some good battles. We have won a that JON has served this country to the phasizes the moral power of it, the few, frankly, several I never thought best of his ability, and his abilities are need to have peace in the world, but we were going to win. But somehow, extraordinary. how do you have it? Do you get peace with his legislative skill, his deter- I personally count him as a friend. through weakness or do you have peace mination, his feisty spirit, we stayed in When I had this very interesting re- through strength? And are the nuclear there and bad things did not occur, at election this last time, with what issues necessary to our posture as a least from my perspective, that may seemed like the whole world coming strong nation in the world that is re- have occurred otherwise. down on me for some reason, one of the sistant and deters attack? Yes, they It is a great pleasure to have served first people to offer help was JON KYL. are. He understands those issues. with JON. I consider him—I know the He came to Utah, and it meant so I serve on the Armed Services Com- grammar is not perfect—our most in- much to me. mittee. JON does not, but he knows valuable Senator. So we are going to be All I can say is, wherever JON goes more about that issue than I do. And I losing someone of great national im- after this is over, they are going to be have found his leadership so valuable portance. I know he will be active. He lucky people to have him around. And because it is a thankless task. People has got a fabulous wife, Caryll. They I wish him all the success in the world. do not want to talk about it, but he has have been partners for so many years. He deserves it. I hope he and his wife talked about it. He knows it is impor- I enjoy watching them and how they and family—whom I like very much— tant, even though no one would give interact as a family. He has the values will have a wonderful, glorious exist- him credit politically for being en- that reflect the highest qualities of ence from this day onward. gaged in those issues. But it is impor- American life. We are going to miss you, JON. We tant for America, and he is willing to I yield the floor. are going to miss your intellectual ca- commit himself to that. The PRESIDING OFFICER. The Sen- pacity. I am personally going to miss I will join with Senator HATCH and ator from Indiana. your legal capacity. And all of these Senator CORNYN in my admiration for Mr. COATS. Mr. President, I am join- other accolades that have been given JON’s service on the Judiciary Com- ing my colleagues in rising today to your way, I will miss all of those too. mittee. That is an important com- pay honor and respect to the service of But you have a friend here, and this mittee, and he has been a rock-solid JON KYL, a tribute to his passion for friendship, in my opinion, is an eternal member of it. Even though he has been public service and his State of Arizona one, and anything I can ever do for in the leadership, so therefore he did and his country in this Congress for 26 you, I will certainly try because I know not chair the committee—which he years. I echo all the sentiments and all you would never ask for anything that would have been one of the great chair- the words that have been said by our was not accurate or right. So I wish men we would have ever had of that colleagues. There are not enough adjec- you Godspeed, and know there are a lot committee—but he has moved the com- tives to adequately describe the ex- of us who really, really hate to see you mittee and brought forth issues and ad- traordinary service JON has provided to go. vocated principles that are consistent this country. I yield the floor. with the great American rule of law. I have had the pleasure of serving The PRESIDING OFFICER. The Sen- Today we just got word that Robert alongside him in the House of Rep- ator from Alabama. Bork died. He had a classical view of resentatives, in the Senate—two times,

VerDate Mar 15 2010 05:56 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.047 S19DEPT1 jbell on DSK7SPTVN1PROD with S8184 CONGRESSIONAL RECORD — SENATE December 19, 2012 as some know. I served before and then person you go to to say: JON, how do we (b) Not later than 365 days after the date of was out for 12 years and then came get this done? What should our strat- enactment of this Act, the Administrator back. In my many years of service egy be? If you are on board, I think we shall— here, it is hard to think of a person can accomplish this. I know I am re- (1) submit a report to the committees of jurisdiction in Congress on the initiative to who has been more influential and been peating a lot of what has been said al- modernize the per capita damage indicator; more of someone I wanted to emulate ready about JON and will be said by and and to learn from and to look at as a others here who will come down, but to (2) present recommendations for new meas- wise counsel than JON KYL. find someone this grounded in his en- ures to assess the capacities of States to re- He has been described as an influen- deavors is hard to find. spond and recover to disasters, including tial member of the Judiciary and Fi- JON is also grounded in his faith, his threat and hazard identification and risk as- nance Committees. Yes, he has been an faith in God, his faith in America, his sessments by States and total taxable re- outspoken leader on issues of very sig- faith in his constituents, his faith in sources available within States for disaster nificant importance to this country— recovery and response. this institution, not a perfect institu- (c) As used in this section, the term significant issues including the land- tion, one which we are struggling in ‘‘State’’ means— mark Crime Victims Rights Act, right now, but his faith that in the end (1) a State; progrowth tax policies that we have we are here to do what is best for (2) the District of Columbia; been debating here, patient-centered America. In the end, we will need to (3) the Commonwealth of Puerto Rico; health care reform, and antiterrorism make hard decisions. JON has always (4) any other territory or possession of the laws, nuclear proliferation, safe- been one leading that effort, always United States; and guarding our nuclear stockpile. On and one willing to stand up to make those (5) any land under the jurisdiction of an In- on it could go. dian tribe, as defined in section 4 of the In- decisions. dian Self-Determination and Education As- JON recently called me to his office I count him as a friend. Marsha and I sistance Act (25 U.S.C. 450b). and said, you know, there are 13 sepa- wish you, JON, and Caryll, all the best SEC. 1106. PROHIBITION ON EMERGENCY SPEND- rate things here that have been the in this next chapter of your life. I am ING FOR PERSONS HAVING SERIOUS highest priority for me. Now not many comforted by the fact that you will not DELINQUENT TAX DEBTS. Senators will tell you they have got 13 be more than a phone call away, and (a) DEFINITION OF SERIOUSLY DELINQUENT high-priority issues they not only are the fact that I am going to need wise TAX DEBT.—In this section: interested in but have drilled down in a counsel on a number of things; more (1) IN GENERAL.—The term ‘‘seriously delin- unique, in-depth understanding of than that, that we can retain a friend- quent tax debt’’ means an outstanding debt under the Internal Revenue Code of 1986 for those particular issues. JON said: One ship which we have enjoyed in our serv- which a notice of lien has been filed in public thing I want to accomplish before I ice together on two separate occasions records pursuant to section 6323 of that Code. leave is to make sure someone will interrupted by 12 years. But I am look- (2) EXCLUSIONS.—The term ‘‘seriously de- pick up the ball and take the baton and ing forward to continuing to enjoy our linquent tax debt’’ does not include— carry on those issues after I leave. time together. I want to wish you and (A) a debt that is being paid in a timely That is an extraordinary statement. Caryll not only our thanks, thanks manner pursuant to an agreement under sec- First of all, the breadth and the depth from the people I represent and thanks tion 6159 or 7122 of Internal Revenue Code of of his engagement and his knowledge, from America for your service, but the 1986; and which I do not think any one person (B) a debt with respect to which a collec- very best wishes for both of you in the tion due process hearing under section 6330 here—it would take many—could begin future. of that Code, or relief under subsection (a), to duplicate, but also the leadership I yield the floor and I suggest the ab- (b), or (f) of section 6015 of that Code, is re- that he has provided on issues of sig- sence of a quorum. quested or pending. nificant importance to the future of The PRESIDING OFFICER. The (b) PROHIBITION.—Notwithstanding any this country. JON was listed as one of clerk will call the roll. other provision of this Act or an amendment the world’s 100 most influential peo- The legislative clerk proceeded to made by this Act, none of the amounts ap- ple—well-deserved recognition. call the roll. propriated by or otherwise made available In Washington, he has been labeled as Mr. COBURN. Mr. President, I ask under this Act may be used to make pay- one of the 25 hardest working law- unanimous consent that the order for ments to an individual or entity who has a the quorum call be rescinded. seriously delinquent tax debt during the makers. I cannot think of anybody who pendency of such seriously delinquent tax stands higher in that list than JON The PRESIDING OFFICER (Mr. debt. MANCHIN). Without objection, it is so KYL. My mental image of JON KYL is SEC. 1107. PROHIBITION ON EMERGENCY SPEND- JON striding through the Halls of Con- ordered. ING FOR DECEASED INDIVIDUALS. gress literally leaning into the wind. It AMENDMENT NO. 3371, AS MODIFIED None of the amounts appropriated by or is as if there is a 60-mile gale coming in Mr. COBURN. Mr. President, I ask otherwise made available under this Act may his face, and JON is leaning into it with unanimous consent to return to Coburn be used for any person who is not alive when determination. I see his staff nodding amendment No. 3371. the amounts are made available. This prohi- bition shall not apply to funeral costs. their heads here. It has got to be hard The PRESIDING OFFICER. The amendment is now pending. SEC. 1108. PROHIBITION ON EMERGENCY SPEND- to stay up with JON when he has his ING FOR FISHERIES. mind on something and he is deter- Mr. COBURN. I ask unanimous con- sent that the amendment be modified None of the funds appropriated or made mined to get something done. He is available in this Act may be used for any leaning in like a ship into a gale, mov- with the changes I will now send to the commercial fishery that is located more ing forward to try to accomplish his desk. than 50 miles outside of the boundaries of a mission. The PRESIDING OFFICER. Without major disaster area, as declared by the Presi- We all say when someone leaves here, objection, it is so ordered. The amend- dent under the Robert T. Stafford Disaster we are losing someone whom maybe we ment is so modified. Relief and Emergency Assistance Act (42 cannot replace. That may or may not The amendment, as modified, is as U.S.C. 5170 et seq.), for Hurricane Sandy. be true. In my first iteration, when I follows: SEC. ll. RETURN OF UNUSED EMERGENCY At the appropriate place insert the fol- FUNDS. gave my farewell speech, I think there lowing: (a) RETURN OF FUNDS.—Any amount made were probably a lot of people who said: SEC. 52007. (a) Not later than 180 days after available by this Act to carry out a program We can find a substitute for COATS; the date of enactment of this Act, the Ad- that is designated as an emergency and 2 that will not be too hard. It is true. ministrator of the Federal Emergency Man- years after the date of enactment of this Act Finding a replacement for JON KYL is a agement Agency (in this section referred to remains available for obligation or has been tall task. It is going to be very hard to as the ‘‘Administrator’’) shall review the obligated but not yet spent shall be re- find someone who has the passion for public assistance per capita damage indi- scinded and returned to the Treasury to re- this, his service, the intelligence and cator and shall initiate rulemaking to up- duce the deficit. date such damage indicator. Such review and (b) PROGRAM TERMINATION.—Notwithstand- the knowledge of the issues he engages rulemaking process shall ensure that the per ing any other provision of this Act, any new in, the leadership qualities he provides, capita indicator is fully adjusted for annual program authorized and funded by this Act is the counsel he provides to all of us. JON inflation for all years since 1986, by not later terminated 2 years after the date of enact- KYL is the go-to guy. JON KYL is the than January 1, 2016. ment of this Act.

VerDate Mar 15 2010 06:44 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.055 S19DEPT1 jbell on DSK7SPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — SENATE S8185 (c) MATCH SUNSET.—The 90/10 cost share mobile home, or any personal property that laration was declared for Virginia after provided in this Act shall expire 2 years after is located in an area that has been identified the earthquake that was felt in the the date of enactment of this Act. by the Administrator of the Federal Emer- Capitol. But this wasn’t a disaster that SEC. 1106. (a) PROHIBITION ON USE OF FUNDS gency Management Agency as an area hav- overwhelmed local capabilities. It FOR FUTURE DISASTER RECOVERY CONTRACTS ing special flood hazards and in which the NOT COMPETITIVELY AWARDED.—Amounts ap- sale of flood insurance has been made avail- didn’t overwhelm the capabilities of propriated or otherwise made available by able under the National Flood Insurance Act the regional capital area, and it didn’t this Act may not be obligated or expended of 1968, unless, on the date on which the dis- overwhelm the capabilities of Virginia. for any contract awarded after the date of aster to which the assistance relates oc- Yet we transferred what were truly re- the enactment of this Act in support of dis- curred, the building, mobile home, or per- sponsibilities of the State and local aster recovery if such contract was awarded sonal property was covered by flood insur- communities to the Federal Govern- using other than competitive procedures as ance in an amount at least equal to its devel- ment. otherwise required by chapter 33 of title 41, opment or project cost (less estimated land So this per capita damage indicator United States Code, section 2304 of title 10, cost) or to the maximum limit of coverage United States Code, and the Federal Acquisi- made available with respect to the par- ends up becoming very problematic for tion Regulation. ticular type of property under the National two reasons: First, it was established (b) CURRENT NO-BID CONTRACTS.— Flood Insurance Act of 1968, whichever is in 1986 and FEMA has failed to update (1) REVIEW OF CONTRACTS.—Not later than less.’’. it; and, second, simply using a per cap- 60 days after the date of the enactment of Mr. COBURN. Mr. President, I would ita damage indicator is an unfair way this Act, Federal agencies shall conduct a re- like to talk about per capita damage to assess whether a disaster has oc- view of all contracts to support disaster re- indicators and initiating a rule process curred. covery that were awarded before the date of Let me explain why. Suppose you the enactment of this Act using other than update. competitive procedures in order to deter- The State of Oklahoma, in the last 7 have a small populated State versus a mine the following: years, has had more declarations of dis- large populated State where you have a (A) Whether opportunities exist to achieve aster named than any other State in large concentration of people in an cost savings under such contracts. the country. The standard used to be if area. You would not ever attain it if (B) Whether the requirements being met by we had a disaster that overwhelmed you have a large population, whereas if such contracts can be met using a new or ex- the ability of the State to handle it. you have a small population, you will, isting contract awarded through competitive We have gotten away from that, and with the exact same event. So my ques- procedures. tion is, Should Oklahoma benefit on a (2) COMPETITIVE AWARD OF CONTRACTS.—If a this hasn’t been updated since 1986. Federal agency determines pursuant to the Under the Stafford Act of 1988, the per capita basis from the same event review under paragraph (1) that either sub- whole purpose of our emergency re- happening in Oklahoma as happens in paragraph of that paragraph applies to a con- sponse was for us to step in and provide Los Angeles, where we get declared an tract awarded using other than competitive assistance when State and local capa- emergency and Los Angeles doesn’t? procedures, the agency shall take appro- bilities were overwhelmed. It is clear That is what has happened, since we priate actions with respect to the contract, in New York and New Jersey and in have not updated this per capita dam- whether to achieve cost savings under the communities that were affected by this age indicator. It is unfair for the larg- contract, to use a new or existing contract er, more populous States that we do it awarded through competitive procedures to latest storm that State and local capa- meet applicable requirements, or otherwise bilities were overwhelmed. It is clearly this way. to discontinue of the use of the contract. an appropriate time for the Federal So all we are saying is we should Strike section 1003 and insert the fol- Government, through the Federal take the GAO report and follow some lowing: Emergency Management Agency, to of the recommendations. And what are SEC. 1003. None of the funds provided in step in and provide assistance. those recommendations? FEMA should this title to the Department of Transpor- Unfortunately, FEMA has been de- review the per capita damage indicator tation or the Department of Housing and and initiate a rulemaking to modernize Urban Development may be used to make a claring an increasing number of disas- grant unless the Secretary of such Depart- ters over the past two decades, includ- it. It would require the FEMA Admin- ment notifies the House and Senate Commit- ing for many storms and many events istrator to update the per capita dam- tees on Appropriations and posts the notifi- where State and local capacities age indicator for all the years since cation on the public website of that agency weren’t overwhelmed. Let me make 1996 by no later than January 1, 2016. not less than 3 full business days before ei- that statement again. So we are going to give them over 3 ther Department (or a modal administration Many of the disasters that have been years to update it. of either Department) announces the selec- declared were declared when State and Second, the amendment requires the tion of any project, State or locality to re- local capabilities were not over- FEMA Administrator to report to Con- ceive a grant award totaling $500,000 or more. gress on better and fairer ways to as- In title IV, under the heading ‘‘CONSTRUC- whelmed at all. So here we are, sitting TION (INCLUDING TRANSFER OF FUNDS)’’ under with this tremendous debt, sitting with sess States’ preparedness and capabili- the heading ‘‘CORPS OF ENGINEERS—CIVIL’’ tremendous deficits, and we are now ties to respond to a disaster. under the heading ‘‘DEPARTMENT OF THE applying a lower standard than what Finally, I would say this is a reason- ARMY’’ under the heading ‘‘DEPARTMENT we should, in my mind. It is not just able approach based on what GAO’s OF DEFENSE—CIVIL’’ strike ‘‘Provided fur- my opinion; the GAO has actually so analysis and recommendations were, ther, That cost sharing for implementation decided. We have a GAO report that which is to encourage FEMA to update of any projects using these funds shall be 90 says this ought to be modified. its process for how it declares disasters percent Federal and 10 percent non-Federal so that we can preserve and focus more exclusive of LERRDs:’’ and insert ‘‘Provided If we go back in history and look at further, That the Secretary shall determine the Reagan administration, on average aid for disasters such as Sandy, which the Federal and non-Federal cost share for they declared 28 events each year in is in front of us right now. implementing any project using these funds the 1980s. Under the current adminis- It is my belief that although this in accordance with section 103 of the Water tration, we are averaging 140 disaster may divide some in this Chamber, this Resources Development Act of 1986 (33 U.S.C. declarations a year. My State, as I is a smart thing for us to do for the 2213):’’. said, has had the most FEMA disaster country. It is a fair thing for us to do SEC. lll. Section 406(b)(1) of the Robert declarations—25 in total. for every State—to treat them all the T. Stafford Disaster Relief and Emergency same instead of advantaging the small- Assistance Act (42 U.S.C. 5172(b)(1)) is So what I am offering isn’t nec- amended— essarily going to be beneficial for my er States, such as my State, and giving (1) in the paragraph heading, by striking State, but it makes great common a disadvantage to the larger States. ‘‘MINIMUM’’; and sense for our country because if, in I would be happy to work with the (2) by striking ‘‘not less than’’ and insert- fact, they update the per capita effect, chairman to modify this in a way that ing ‘‘not more than 75 percent’’. some of those declared disasters in would meet with his approval, but it is On page 16, strike lines 17 through 20 and Oklahoma probably would not now be something that is sorely lacking. It is insert ‘‘Provided’’. On page 24, line 21, strike the period and declared disasters. something that is causing us to inter- insert the following: ‘‘; Provided further, That Let me give an example. In 2011, we cede at times we shouldn’t be and caus- the amounts made available under this head- felt a little tremble in Washington ing us to not intercede at times we ing may not be used to assist a building, a from an earthquake. A disaster dec- should.

VerDate Mar 15 2010 06:44 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.006 S19DEPT1 jbell on DSK7SPTVN1PROD with S8186 CONGRESSIONAL RECORD — SENATE December 19, 2012 I yield the floor. Katrina we went and helped people and Fishermen have been fishing there The PRESIDING OFFICER. The Sen- small businesses that had been wiped commercially not just for a few hun- ator from Vermont. out temporarily to be able to come dred years but for 10,000 years of sur- Mr. LEAHY. Mr. President, I suggest back—our fishing people deserve emer- vival on our oceans. the absence of a quorum. gency assistance to tide them over and When you think of the value in 76,000 The PRESIDING OFFICER. The help them through this most critical jobs in Alaska directly and indirectly clerk will call the roll. time. connected to the fishing industry, it is The assistant legislative clerk pro- I would turn to the Senator from New over $5 billion. It doesn’t matter in a ceeded to call the roll. Hampshire and the Senator from Alas- commercial fishery—if you are in Mr. KERRY. Mr. President, I ask ka and I ask the Senator from New McDonald’s having a fish sandwich, the unanimous consent that the order for Hampshire what this means to the odds are that it comes from our fish- the quorum call be rescinded. State of New Hampshire, if she might eries. If you sit in the fanciest res- The PRESIDING OFFICER. Without share with us. taurants anywhere in the world, the objection, it is so ordered. Mrs. SHAHEEN. My friend from Mas- odds are that some of our fish is there. Mr. KERRY. Mr. President, I ask sachusetts understands the challenges As Senator SHAHEEN said, this is a bi- unanimous consent that the Senators we have in New Hampshire, as does partisan issue. The disasters that are from Alaska, New Hampshire, Rhode Senator WHITEHOUSE from Rhode Is- declared for fisheries in this bill have Island, and Massachusetts be permitted land because, in fact, fishing is one of been declared disasters. It is not some to proceed in a colloquy for a period of the oldest industries we have in New pie in the sky, some pork, or we sit about 15 minutes, with the under- England. In New Hampshire, it dates around and say: Let’s get some money standing that at the end of it we will back over 400 years. Because we have a for every State. These are actually de- enter into a quorum call. much smaller coastline than Massachu- clared disasters by the States and our The PRESIDING OFFICER. Without setts and Rhode Island, we have a Federal Government that need to be objection, it is so ordered. smaller group of people who earn their funded. FISHERIES living through fishing. They have In our situation, it is even more Mr. KERRY. Mr. President, I begin smaller boats, and therefore they are dire—not just the economic impact I by saying very quickly there is an more affected by some of the fishing just laid out, but an elder told me one amendment that has been brought for- regulations and some of the adverse time that in urban cities, you walk out ward to try to strike from an emer- weather conditions that have affected the door and you go down the street to gency assistance bill critical aid, aid fishing. Safeway for your food. In rural Alaska, that is, frankly, less than it ought to About 90 percent of the fishing New you open your door, and what is in be in order to deal with the crisis of Hampshire’s fishermen do is for cod, front of you? The nature they see is the the fisheries not of one State but of the and cod is the species that has been grocery store. entire New England region and of other most affected by declining fish stocks. So when they have—in our case, the regions of the country—the Pacific, It is a huge issue for our small remain- YK Delta, the Yukon-Kuskokwim also, and other parts of the country ing fishing industry. The fact that Delta in the western part of Alaska, that have been hit. there is funding to help them in this had a devastating king salmon fishery The fact is that in Massachusetts we bill is absolutely critical because with- loss in terms of the quantity of the have 77,000 jobs, a billion-dollar indus- out this funding we are going to lose fish. So when that fish is not able to be try that is a part of our culture and a that industry in New Hampshire. We harvested, to be put into the store- part of our history. Fishing is vital to have 5,000 jobs affected here, $106 mil- houses for the winter, then the limited our State. We have local fishermen, we lion in income to the State of New cash that they have, in an area where have commercial fishermen, we have a Hampshire. fuel cost to heat their home is $8, $9, sports fishing industry, and it is a vital I think it is important to point out $12 a gallon, now has to go to not only part of the commerce of our State and that this is a bipartisan effort. Last heating that they have already set that of the entire history of our Nation. week we had a letter with 13 of our col- cash aside for, now they have to get We have been hit in the last years by leagues, including Senators WICKER, food shipped in. So their limited cash is record levels of reduction in our fish MURKOWSKI, COLLINS, SNOWE, and now split between heating their home stocks, and we have also been hit by BROWN, urging the committee to in- and putting food on the table. Federal regulations that are trying clude this funding in the bill. It is Let me tell you, in Fairbanks, AK, desperately to hold on to those fish there now. I certainly hope we are which is urban, outside it was 40 below stocks for the long term and for the fu- going to see bipartisan support for yesterday. So heating your home is not ture, which have, regrettably, reduced keeping this funding in the bill. like just turning on your heater when our fishing effort in certain fisheries by Let me just turn—— you come home from work. It is a 50 to 80 percent. Mr. KERRY. Mr. President, before whole different ball game. We have fishermen who have their my colleague does, if I could ask the But most importantly, they live off boats—just like a home—mortgaged. Senator from New Hampshire—I ask the land. It is not some hobby they do Their homes, their families are en- unanimous consent that the Senator on the weekend. It is not a sports tirely dependent on their ability to from Maryland be able to join us in event. They harvest the food. The Sen- bring in revenue, but because of the this colloquy and extend it for about 10 ator from Massachusetts said it best— regulations they are prevented from minutes. we harvest the ocean. We are no dif- going out and doing that because of the The PRESIDING OFFICER. Without ferent from any farmer in the Midwest reduction in the stock which is a God- objection, it is so ordered. or anywhere else. So when the YK given effect of nature—just like a Mr. KERRY. I know the Senator from Delta loses its king salmon, a critical drought in the Western part of our New Hampshire wanted to turn to the piece of their food supply, it is real. It country, just like a flood which we re- Senator from Alaska? is not about: We will go fishing next spond to, just like a fire, just like a Mrs. SHAHEEN. We are from New year. This is about: Do we have enough storm. England. Senator MIKULSKI is further food on the table? Our fishermen are the farmers of the south on the east coast. But this is a When I hear people on the other side ocean, and they provide an unbeliev- bicoastal problem because, as I know and others who say this is a bunch of able amount of food to the people of Senator BEGICH will tell us, it is a huge pork and a bunch of this and that, they our country. We want to preserve that. issue for people in Alaska and for those need to come to Alaska. I would enjoy If they are not going to fish for a few on the west coast. They have the same them coming right now in the winter years, we want to know they can come problem. at 40 below and seeing what people back and fish sometime in the future, Mr. BEGICH. I will tell you, in Alas- have to do. and that is what they want to do. ka it is even magnified in a lot of ways. To me, this is such a small amount Just as we have tide people over in If you think of this country, three- to make such an impact not only to us the past in our country—just as in quarters of the coastline is Alaska. but to all the coastal States that are

VerDate Mar 15 2010 05:56 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.057 S19DEPT1 jbell on DSK7SPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — SENATE S8187 suffering with this situation in our ten to people who go out in really cold States, $40 billion. We have more than fishing industry. weather and put their hands in that icy five States—many more here—asking Mr. KERRY. Mr. President, I ask the water, and they all risk their lives. for $150 million, as the Senator from Senator from Maryland, if I can—I Everybody wants to go see the movie Maryland has pointed out. know the Senator from Rhode Island ‘‘Triple Storm.’’ We can’t have a triple The distinction is so clear. I just say wants to join in here, but the Senator storm here in the Senate, which is this point-blank that this legislation is not from Alaska made a really important amendment, rejection of the urgent going to pass without the inclusion of point that I think the Senator from supplemental, and the inertia of the this fishery money—point-blank and Maryland can speak to very specifi- Senate. period. I think the Senator from Rhode cally; that is, this is not some amount I say to my colleagues, your words Island would agree with me. of money that got pulled out of the sky are well-spoken in defense of your Mr. WHITEHOUSE. I would be de- and was put in in the dead of night be- State, but you are also exactly fol- lighted to agree with the Senator from hind a closed door as some kind of lowing the law. Massachusetts. On Rhode Island’s be- backdoor deal. This has been thor- I urge the Senator from Oklahoma to half, our fisheries disaster, as the dis- oughly vetted through the Commerce withdraw his amendment because it tinguished Senator from Maryland Department, through the fisheries, would make it out of compliance. said, was declared by the Secretary of through the committees, through all of I say to each and every one of you as Commerce. This is not a maybe. This is the regulators, through the White a fellow coastal Senator, I know our not trying to sneak something in. This House. The White House has signed off fishing industries—you call them fish- is a declaration of the U.S. Govern- on this. This is a designated emer- ermen, we call them watermen—wheth- ment. It was the New England multi- gency. It has gone through the requests er it is oysters, crab, or rockfish, it is species groundfish fishery disaster that of the Governors. The Governors have part of our economy and it is part of affected the State of Massachusetts. had to submit their data. It has all our identity. They asked for help. There was great leadership from Sen- been through the process. I will oppose the amendment of the ator KERRY on all of this, as it affected I would ask the Senator from Mary- Senator from Oklahoma. I actually the State of New Hampshire, and great land because she is responsible on the would ask him to withdraw it because leadership from Senator SHAHEEN on Appropriations Committee for making it is not a matter of debating policy, all of this. these judgments—there is not a Sen- how to be a smarter and more frugal Governors of Rhode Island, Massa- ator here who would not agree that she government, it is actually in violation chusetts, Maine, New Hampshire, New does that with rigor and with stand- of the current law. York, and Connecticut all signed the ards—I ask her what the meaning is, I thank Senators for standing up for request for that disaster declaration. No. 1, to the State of Maryland, which their own communities, and I hope this In Rhode Island’s letter our congres- has a fishing industry, and, No. 2, to clarifies this bizarre situation. sional delegation—myself and my sen- the legitimate process of the Senate? Mrs. SHAHEEN. Will the Senator ior Senator, Mr. REED, Congressman Ms. MIKULSKI. I thank the Senators from Maryland yield for a minute? CICILLINE, and Congressman LAN- from New England, and I am happy to Ms. MIKULSKI. I yield to the Sen- GEVIN—wrote: answer the question and join here with ator from New Hampshire. In addition to the direct impact on ground- my fellow coastal Senators. Mrs. SHAHEEN. Isn’t it true that fish catch limits, there will likely be indi- First, I would like to respond in my since 1994, Federal fishery failures have rect impacts on other fisheries that these official responsibility in the Senate, been declared on 29 different occasions same permit holders, and many other Rhode which is to chair the Subcommittee on and that nearly $827 million in Federal Island fisherman, also rely on. Commerce, Justice, Science. It is in funding has been appropriated for fish- To the point Senator BEGICH of Alas- that subcommittee that the NOAA— ery disaster relief? ka made, economic disaster in the fish- the National Oceanic and Atmospheric Ms. MIKULSKI. Yes, the Senator is ing industry cascades through the rest Agency—is funded. It is there that the exactly right. And it happened under of our economy. fisheries money is spent. Any fishery both Democratic and Republican Sen- Ms. MIKULSKI. Yes. disaster, in order to qualify for Federal ates. So this has been declared under Mr. WHITEHOUSE. It is not just the assistance, must be certified by the President Bill Clinton, and we worked fishermen coming home with empty Secretary of Commerce. Every single with his Secretaries of Commerce. This nets because the cod moved offshore, it fisheries disaster in this bill has been was done under George Bush, and Sec- is the fuel suppliers to their boats, the certified by the Secretary of Commerce retary Gutierrez, himself from a coast- engine repair shops that take care of to meet compelling human need, eco- al State of Florida—we worked very the mechanics, the net repair and con- nomic necessity, and be within the cri- well together because the appropri- struction groups. So a whole economy teria established by law. ators and the Governors and the econ- stands on this. It is really inconceiv- The Senator from Oklahoma, well-in- omy people have to work together with able that a Senator from a State that tentioned, is asking us to violate the Senators. has, as one of a group of five, soaked up law. He wants to make fisheries disas- The answer is yes. Again, you cannot $40 billion of disaster assistance would ters under the Stafford Act. The Staf- get fisheries disaster assistance unless now begrudge us $150 million after this ford Act, named after the Senator from it has been certified by the Secretary disaster was declared. New Hampshire—a wonderful Repub- of Commerce in compliance with the This is bipartisan. Let me ask unani- lican—was for FEMA. If you think you criteria in current law. mous consent to have printed in the have a FEMA disaster, you go to the Mr. KERRY. Mr. President, could I RECORD the letter Senator SHAHEEN Governor. There has to be data col- just take 30 seconds, if I may? mentioned earlier as an exhibit for the lected. It has to go to the President. If Mr. WHITEHOUSE. Sure. end of the colloquy. you think you have a fishery disaster— Mr. KERRY. I want to make it clear The PRESIDING OFFICER. Without which we coastal Senators experience to my colleagues as we engage in this objection, it is so ordered. these days all too often—it has to go colloquy—I asked at the beginning of it (See Exhibit 1.) through the Secretary of Commerce. if one of my staff folks would go check Mr. WHITEHOUSE. It is signed by 35 I assure those of you on the floor, all out some figures for me, and I just got Republicans and 9 Democrats. It could those Senators, all taxpayers listening, them. I hope the Senator from Okla- not be more bipartisan. We are trying that every one of these fisheries disas- homa is listening to this because from to deal with a real problem here, and it ters has been certified, has been vetted just 2004 to 2011—7 years—the Federal is a recurring problem. to really say that in each and every Emergency Management Agency re- Our historic New England ground fi- State where we respond, it meets this gion 6, which includes Texas, Okla- duciary is facing significant cuts in our criterion. homa, Arkansas, Louisiana, and New catch limits because our populations As to the money in the bill, in a $60 Mexico—that is 5 States—received 68 are not rebounding the way that sci- billion bill, this is $150 million. Listen disaster declarations and almost $40 entists anticipated they would. Some- to the jobs, listen to the economy, lis- billion in disaster assistance. For five thing out there is causing this failure

VerDate Mar 15 2010 06:06 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.060 S19DEPT1 jbell on DSK7SPTVN1PROD with S8188 CONGRESSIONAL RECORD — SENATE December 19, 2012 to rebound and unprecedented environ- I think the Senator may have either rative process that invites fishermen mental changes very related to the en- not known or not been aware of all the and fishing businesses to have a say in vironmental changes that whip up details that have been laid out here, that process. Given that their liveli- giant storms like Sandy are at the and I would plead with him to take a hoods have been affected, I think it is heart of this. look at the legitimacy of the law, the important for them to be part of the One last quote, and then I will yield way in which this has been set up, and process of how this funding is given back to my colleagues who are engaged hopefully withdraw his amendment. out. in this colloquy. Where we are is a big Also, to all of our colleagues, I know body of water called the Northeast we are struggling with the fiscal cliff Mr. BEGICH. Let me conclude with Shelf Large Marine Ecosystem which is and it is the holiday time. There are a my comments to say I agree especially tracked by NOAA, and it extends from lot of people hurting in America. In the with the latter part regarding how to the Gulf of Maine all the way down to wake of what happened in Newtown, engage people on what these resources Cape Hatteras on our Atlantic coast. CT—a moment that sort of stops our will be. I want to commend the chair- Here is what NOAA reports: country cold—where we all have to man of the Subcommittee on Appro- During the first six months of 2012, sea sur- stop and think about what is and is not priations on the eloquent description of face temperatures in the Northeast Shelf important and what our responsibil- exactly how this happened. I like ear- Large Marine Ecosystem were the highest ities are, it is hard for me to grapple marks as well, but this is not an ear- ever recorded . . . above-average tempera- onto the notion that in a moment tures were found in all parts of the eco- there could be a change in attitude mark. This is a process that has gone system, from the ocean bottom to the sea where people could begin to perhaps through step after step to ensure that surface and across the region. find a constructive way to work to- everyone in my State—Republican There is a real physical rationale and gether. There are so many people in so Governor and a Republican and Demo- reason for the disaster that we are many places who are living by the law. cratic delegation—has an important seeking a remedy for in our home State They are dependent on this profession role here. industries that are being so grievously and want to stand up and return to it stricken. This takes nothing away from because it is part of their lifetime and Superstorm Sandy. We recognize—all Ms. MIKULSKI. Mr. President, may I will not get help on a Federal basis the of us on this floor—how devastating draw the distinction between a fishery way we have helped people throughout that was, but this was also a disaster of disaster and an earmark? Because our history. there is an undercurrent here from the I call on our colleagues to think hard a different making. As a matter of fact, amendment of the Senator from Okla- about that as we think about this at the request of Senator KERRY—and homa, who has said on many occasions amendment. as the chair of the Subcommittee on that he has been the defendant of the I yield to the Senator from New Oceans and Fisheries—I listened to the taxpayer. Well, so am I. The difference Hampshire. fishermen there about the many spe- between an earmark is a congression- Mr. INHOFE. Mr. President, I yield cies that are devastated and the quotas ally designated project that meets the for a point of inquiry. It was my under- they are facing. criteria that Senator deems appro- standing that under the unanimous priate to help his State. That is not consent that I would get the floor. I This is not only critical to be done what this is. When he says it has to be don’t mind waiting for the time that now, it is also that the amount of certified by the Stafford Act, he is im- they have requested, but I want to money is so small and the impact is plying that these are uncertified, make sure I do get recognized after the significant when we think about the unneeded, unwarranted, and are ear- conclusion of this for such time as I thousands of jobs that will be affected marks. Once again I will say that these shall consume under morning business. by this. are certified by the Secretary of Com- The PRESIDING OFFICER. Is there In my State it is truly about food and merce. They meet the criteria for com- objection? survival for the Alaskan Native com- pelling economic and human need as Mr. KERRY. Reserving the right to munity in the winter months with tem- required by law. This is not an ear- object, I think the way we operate is peratures that are not zero or 10 above mark, it is certified disaster assist- that we need to have a time agreement, ance. and we also have to have an agreement but 40 below. Let’s get rid of this phony-baloney that at the conclusion of the Senator’s I implore my colleagues on the other nonsense that somehow or another that remarks, we will go back into a side to support this bipartisan effort would undermine this bill of $150 mil- quorum call. and reject the amendment by Senator lion that could restore livelihoods for Mr. INHOFE. Yes, I certainly agree COBURN. people who are willing to work out to that. Keep in mind I have already there and risk their lives to feed Amer- asked for unanimous consent not to Again, I thank all of my colleagues ica. proceed for more than 20 minutes. for coming down here. This just shows Mr. KERRY. Mr. President, it is my Mr. KERRY. Not to exceed for 20 one of the roles that we have as a legis- understanding that our time is just minutes with the understanding that lative body. When disasters are de- about up. the quorum call will go into effect at clared, we unify, no matter where we The PRESIDING OFFICER. Correct. the end of the remarks. live, to figure out how to make sure Mr. KERRY. Mr. President, I ask The PRESIDING OFFICER. Hearing the people of this country are taken unanimous consent for 5 minutes under no objection, so ordered. care of. the colloquy. Mr. KERRY. We reserve our time, I yield the floor. The PRESIDING OFFICER. Without and I yield to the Senator from New objection, it is so ordered. Hampshire. Mr. WHITEHOUSE. I will close the Mr. KERRY. I will take 1 minute of Mrs. SHAHEEN. Mr. President, I will colloquy by thanking Senator MIKUL- it. I thank the Senator from Maryland be brief because my friend from Massa- SKI for her leadership, support, and her for that important distinction. chusetts was eloquent in talking about key role on the Appropriations Com- I want to say to the Senator from the livelihood of people in our fishing mittee. I want to thank Senator KERRY Oklahoma—and the other Senator from industry who have been affected by the of Massachusetts for his leadership on Oklahoma—that I think all of us have disaster, and as a result there have the original disaster declarations that enormous respect for him and for his been low species and low catch num- brought us to this point. I want to intelligence and the way in which he bers because of regulations in an effort thank Senator SHAHEEN of New Hamp- seeks to protect taxpayers and cut to bring back those fish. shire for pulling this colloquy together. pork and get rid of earmarks. We all re- I hope if we can support these dis- spect that. There are legitimate mo- aster funds that as the Department of Thank you to Senator BEGICH for his ments when it is appropriate to do Commerce is allocating this funding, advocacy on that other coast. that. that they will do it with a collabo- I yield the floor.

VerDate Mar 15 2010 06:06 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.062 S19DEPT1 jbell on DSK7SPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — SENATE S8189 EXHIBIT 1 9, 2011. This action released substantial Federal help, but nonetheless we ana- U.S. SENATE, amounts of freshwater into the Mississippi lyze what the damages are and what Washington, DC, December 11, 2012. Sound, impacting the entire ecosystem. Mis- was caused by the particular disaster. Hon. BARBARA A. MIKULSKI, sissippi’s oyster and blue crab fisheries were We don’t just use that to open the door Chairwoman, Subcommittee on Commerce, Jus- extensively damaged, resulting in severe eco- nomic hardship for commercial fishermen and have something in there for every- tice, Science, & Related Agencies, Committee body, and that is what is happening on Appropriations, U.S. Senate, Wash- still recovering from the devastating im- ington, DC. pacts of Hurricane Katrina and the BP oil now. They are asking for $60 billion, Hon. KAY BAILEY HUTCHISON, spill. and there is something for everyone in Ranking Member, Subcommittee on Commerce, Fishing is an integral part of our states’ it. That is what we are talking about Justice, Science, and Related Agencies, economies and cultures. These disasters have today. devastated fishing families and coastal com- Committee on Appropriations, U.S. Senate, Again, we should not be talking Washington, DC. munities and there is an urgent need to pro- vide federal assistance. We urge you to move about it right before Christmas and use DEAR CHAIRWOMAN MIKULSKI AND RANKING this as an excuse to take this right up MEMBER HUTCHISON: We are writing in sup- swiftly to appropriate funds for these federal port of including federal fisheries disaster fisheries disaster declarations. to Christmas. Right now we don’t have funding in any emergency supplemental ap- Sincerely, time to get all the way through this propriations bill developed in response to FRANK R. LAUTENBERG, and analyze the actual losses that were Superstorm Sandy. Over the past year, ex- SUSANM. COLLINS, attributed to Sandy. It was a disaster, treme weather and other natural events have ROBERT MENENDEZ, and I understand that. People lost LISA MURKOWSKI, wreaked havoc on commercial and rec- their lives and their property. Nonethe- reational fishermen in our states, leading JACK REED, ROGER F. WICKER, less, we don’t know, and we are guess- the Secretary of Commerce to declare fed- ing right now. eral fisheries disasters. Despite these dec- CHARLES E. SCHUMER, larations and the ongoing hardship, Congress JOHN F. KERRY, Some say: Well, how about $60.4 bil- has not yet appropriated funds. MARK BEGICH, lion? That sounds good. It could be $70 As you know, the Secretary of Commerce KIRSTEN E. GILLIBRAND, billion, it could be $80 billion, or it is authorized to declare federal fisheries dis- SCOTT BROWN, could be $30 billion. The Heritage asters under Section 308(d) of the Interjuris- JEANE SHAHEEN, SHELDON WHITEHOUSE, Foundation did an analysis of the dam- dictional Fisheries Act and Section 315 of the ages of Sandy. We talked about the Magnuson-Stevens Fishery Conservation and OLYMPIA J. SNOWE. $60.4 billion, which is the amount di- Management Act. These designations allow The PRESIDING OFFICER (Mr. rectly attributed to Sandy. We should Congress to appropriate federal relief funds TESTER). The Senator from Oklahoma. to alleviate the harm caused by natural dis- Mr. INHOFE. Mr. President, I am get the study before it is criticized. asters to fisheries and the fishing industry. going to expand my remarks from my The Heritage Foundation did the The disaster assistance funds can be used to original intent because of what I have study, and it is actually $12.8 billion. repair or restore fishing equipment and in- That represents the amount that indi- frastructure, compensate for losses, restore been listening to on the floor. I really reserved this time to talk about two viduals lost as a direct result of this fisheries habitat, support workforce edu- disaster called Sandy that tragically cation, provide low-interest loans, and con- very significant things that happened. duct monitoring and cooperative research fo- In fact, 53 years ago in 1959—and I hit our east coast. cused on improving stock assessments. have to ask the question as it gets clos- Now what about the other $47.6 bil- Currently, federal fisheries disasters have er and closer to Christmas: Why are we lion? As an example, they have $28 bil- been declared in nine states in response to here? There is always a lot of theater lion in there for future disasters. Oh, four different events: right before Christmastime. The things wait a minute. We are supposed to be Superstorm Sandy—On November 16, 2012, we are talking about now could well be addressing a disaster that just oc- a federal fisheries disaster was declared for curred. The $28 billion is for future dis- New Jersey and New York due to the damage taken care of afterward. It could be caused by Superstorm Sandy. The high winds done after we have a chance to look asters. Here is a good one. There is 3.5 and storm surge devastated marinas, de- and assess the damages of Sandy. for global warming. They always have stroyed fishing vessels, and resulted in se- As far as the fiscal cliff is concerned, to get global warming in there. That is vere economic losses for both commercial this is something that we have known kind of interesting because we actually and recreational fishermen. about for a long time. Right now it had several debates and several pieces Northeast Multispecies (Groundfish) Fish- seems that in this body—and the other of legislation called cap-and-trade. We ery—On September 13, 2012, a federal fish- body down the hall in the House—that took it up before this body and we de- eries disaster was declared for Rhode Island, feated it. I am talking about going Maine, Massachusetts, New Hampshire, New they don’t want to do anything until it York, and Connecticut. The projected reduc- gets close to Christmas, that somehow back 12 years ago. The last one was the tions in the total allowable catch for certain people are at home watching, and sit- House bill, and that was called Wax- critical groundfish stocks will have a signifi- ting with bated breath and wondering man-Markey. It was defeated because cant impact on many of the same coastal what wisdom we are going to extol. I people realized that cap-and-trade communities that were hit by Sandy. De- don’t know if that is true in other would be the largest tax increase in the spite strict adherence to new and rigorous States, but I know that it is not true in history of America, somewhere be- management practices by fishermen, key Oklahoma. I told them this was going tween $300 and $400 billion a year. That fish stocks have not returned. Slow recovery equates to about $3,000 for each family and declining fish stocks will continue to to happen. I told them before the elec- have a negative impact on commercial fish- tion in October. I introduced a bill, S. in my State of Oklahoma who files a ing, harming local communities and econo- 3473. I introduced that bill because I Federal income tax return. So people mies. knew what was going to happen. realize that is true. Yet at the same Alaska Chinook—On September 12, 2012, a What we have been talking about time, the Administrator, appointed by federal fisheries disaster was declared for here in the last few minutes during the President Obama, Lisa Jackson, when Alaska Chinook salmon fisheries in the colloquy that I came in and caught the asked the question, If you were to pass Yukon River, Kuskokwim River, and Cook last part of is this Sandy issue. This is any bill here for cap and trade in Okla- Inlet. Thousands of Alaskans have been im- homa, would this reduce CO world- pacted including commercial fishermen, always interesting. When a disaster oc- 2 sport fishermen, and subsistence-based resi- curs in America and emotions are high, wide, said: No. That is because the dents. Beyond direct impacts, indirect im- everybody all of a sudden wants to problem is not here; the problem is in pacts have been felt by communities through pour money on it, and in this case it countries such as China, India, Mexico, reduced tax revenue, reduced work for proc- will be $60.4 billion. How did they come and other places. essor employees, and reduced income for up with $60.4 billion? I don’t know be- Nonetheless, how many people in this fishery dependent businesses. cause I wasn’t in on that. body even know what this President Mississippi Oyster and Blue Crab—On Sep- I come from Oklahoma. We have dis- has done through his executive powers? tember 12, 2012, a federal fisheries disaster was declared for commercial oyster and blue asters all the time. We have our torna- He has spent $68.4 billion on global crab fisheries in Mississippi. Historic flood- does that are very serious, and of warming initiatives in the 4 years he ing of the lower Mississippi River required course we take care of the problems has been President and that is without opening of the Bonnet Cane Spillway on May when they come up. We do get some any authority from this body.

VerDate Mar 15 2010 06:44 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.007 S19DEPT1 jbell on DSK7SPTVN1PROD with S8190 CONGRESSIONAL RECORD — SENATE December 19, 2012 Here is another one: $150 million. I arming America. I can remember going bit different than the rest of them. was listening to my good friend Sen- over to Afghanistan after the Presi- That is the little girl right here. We ator BEGICH from Alaska—and I have a dent’s first budget because I knew he call her Zegita Marie. There she is. We great deal of respect for him. He and I was cutting the military and I knew if found her 12 years ago, only 2 days old. have worked on legislation together I were over there responding with the She was a cute little girl and she was such as the pilots’ bill of rights legisla- tanks going back and forth that it just near death in an orphanage in tion. Nonetheless, fisheries in Alaska would get people’s attention, and it Ethiopia and we went back there and were significant, but they were not on did. In that first budget he did away got her nursed back to health. My the east coast. This didn’t happen—the with the only fifth-generation fighter, daughter Molly, who had nothing but last time I looked at a map, it was on the F–22; he did away with our lift ca- boys, adopted her. the west coast, not the east coast, so it pacity, the C–17; did away with our fu- I want to say to my wife who is lis- should not be in here. ture combat system, did away with the tening right now, even though I won’t Then we go on to the fiscal cliff. We ground-based interceptor in Poland; all be home, 3 days from now on the 22nd— are all here talking about this fiscal of these things in one budget. That is that is Saturday—I want you to watch cliff that is here and all of a sudden we what took place. the ‘‘Mike Huckabee Show’’ because have to do something about it. How JON KYL is retiring, and I noticed she is going to be interviewed and talk- many people realize that we knew this that when he made his going-away ing about adoption. was coming a long time ago? I men- speech today he talked about the disas- Senator LANDRIEU and I head the tioned my bill, which is S. 3473, that ters we are facing right now. We are adoption caucus in the U.S. Senate. showed we don’t have to raise $1.4 tril- talking here about weather disasters. There are hundreds of thousands of lit- lion, we can raise $2.7 trillion without What about nuclear disasters? What tle kids out there and people who want any cuts to the military, and it is all about the fact that we had the New to adopt little kids, and they can’t do right there. Look it up: S. 3473. Now, START Treaty, which I opposed, but it because of the problems. This little months later, right before Christmas, nonetheless, that put levels on both girl wouldn’t even be alive today and we come here and say, Oh, trauma has Russia and ourselves. In terms of our here she is now, 111⁄2, almost 12 years set in; it is going to be a disaster, so we nuclear stockpile, which was supposed old, reading at college level and doing have to come up with $1.4 trillion. to go down equally to 1,550 warheads, it wonderful things. So, Kay, be sure to How many people realize that this is now down, and they are talking tune in to Mike Huckabee and watch President—and this is not the Demo- about doing away with them alto- her being interviewed 3 days from now. crats, not the Republicans, not the gether. It is another subject for an- The last thing I will say is that this House, not the Senate—it was the other time, but I will spend some time is bad enough not to be home during President of the United States, in his talking about it later. our anniversary, but it is also bad as budget—there were four budgets he had Anyway, as we started, I mentioned we get closer to Christmas. If you can in his 4 years. He had over $1 trillion of two significant things happened in 1959. only see the celebration that is going deficit in each budget. If we add up all One was—and we are all revering now on right now, all those kids. They are of his deficits—this is what the Presi- Danny Inouye. Senator Inouye is dif- all there and they are participating. dent gave us now. Again, it was not the ferent than most other Senators. I re- I remember what happened in the Democrats or Republicans, House or member when my daughter Katie was year 2009. In 2009, we played the same Senate; this was his budget that he much younger and she said, My two fa- game here: You know, we were here drafted and signed, with $5.3 trillion of vorite U.S. Senators—I thought I was doing a little theater, making sure ev- deficit in it—that is more deficit than going to be one of them—my two favor- erybody knew we were working, and we all budgets of all Presidents combined ite ones are Senator Inouye and Sen- didn’t get out until the afternoon, just since George Washington—and nobody ator Jesse Helms. They are such kind, about noon, on Christmas Eve. I re- cares. We say this and people shake older guys. She wanted to know if they member that was the worst snowstorm their heads and they don’t seem to ever got angry at anything. No, they in the history of northern Texas and of care. He said it so it must be all right. didn’t. As a conservative Republican I Oklahoma. Where is global warming So now after this President has given have gone to him many times for fa- when you need it? It was terrible. I got us $5.3 trillion of deficit, now all of a vors, really, to ask if we could get to DFW and I wanted to go on to Tulsa. sudden—he did that in 4 years, but in 10 something done, and he never turned I was in a hurry to get there because years we can’t even come up with $1.4 me down during that time. I had a long Kay and I belong to a church in Tulsa trillion. It is easy. We could do it. I did visit yesterday with his son and told where we were married, all of our kids it in a bill introduced several months him what we feel about Danny Inouye were married there, and my wife was ago. We knew it was coming, but and how much we are going to miss even baptized there, and every Christ- Christmas is coming too so we are all him. So that happened in 1959. That mas Eve they have the most beautiful lined up to grandstand—I don’t mean was when he was first elected to the setting and three of my grandkids were grandstand; that sounds demeaning. I U.S. Senate. going to be singing in that and I never don’t mean it that way. The other thing that is significant missed it in 50 years. We got to Dallas; When we think about the money this that happened in 1959, 53 years ago they weren’t going to take off. I plead- President has spent—what about the today, is I was married. So this is my ed with them. They took off, the only $800 billion stimulus that didn’t stimu- 53rd wedding anniversary, and it hap- plane that took off from DFW, and late? How many people in America— pened we were married in 1959. In fact, went to Tulsa that day. We went how many Members of this body—know she is watching now. She hardly ever through 6-foot drifts, if my colleagues what that $800 billion was spent for? I does, but I called and said watch be- can believe it, to get down there to see suggest not very many. I do, because I cause I can’t be there for our anniver- my little grandkids singing. Well, that made a point to look. There are things sary so I have to do it this way, and so is not going to happen this time, be- that it did not stimulate. Only 3 per- she is. Today is only the second time in cause I will be back there. cent of it went to roads and highways 53 years that we haven’t been together I would say this to my wife. We have and that type of thing. But, again, he on our anniversary. had kind of a tradition for 53 years came up with in one fell swoop $800 bil- But I would ask the question: Who now: I always get Kay roses. She loves lion, and now we wonder—that was in will be there today? That is who will be roses. So I am not there today, but I the first couple of months and now in there today, our 20 kids and grandkids. want to say to Kay that if you will go 10 years, how can we come up with this Look at them all. Isn’t that neat? Yes, out in our front yard now and look much more? So, anyway, I just wanted they are going to be there, but I am under the giant oak tree that you and to say that. not, but she won’t be alone. Isn’t that I planted over 50 years ago, your roses While we are talking about the budg- significant? All of that happened and it are there. et, I think it is appropriate to say started with just us, right there, and Finally, I want to say two more something else about it, because it was there they are. A person might look things. One is I want to assure Kay in the budget that was part of dis- and see that one little girl is a little that I love her more today than I did 50

VerDate Mar 15 2010 06:06 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.065 S19DEPT1 jbell on DSK7SPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — SENATE S8191 years ago; and secondly, I am not Bing shortly, but I do want to thank Sen- still alive and well when it comes to legisla- Crosby, but I am going to say—and all ator CASEY and Senator ISAKSON for tion affecting children’s psychiatric hos- the people in Oklahoma understand their patience and their hard work. pitals. The latest example of how our govern- this—there may be 99 Senators here The amendment I have proposed and ment continues to maintain discriminatory funding policies specifically directed against Senator REED of Rhode Island has pro- playing their games on Christmas, but children with mental-health issues involves as Bing said, I’ll be home for Christmas posed is an amendment that does not federal support for graduate medical edu- and you can be sure of that. You can add any additional spending. It stays cation (GME). count on it. within the existing budgetary limit. It Although this issue is far overshadowed by With that, I yield the floor. I suggest confines the amount available for child the federal debt issue, those who care about the absence of a quorum. and adolescent psychiatry to less than the mental health of children need to be The PRESIDING OFFICER. The 1 percent of the total. I believe it is a aware that achieving true parity still entails clerk will call the roll. very sensible measure, particularly in overcoming significant obstacles. Getting The bill clerk proceeded to call the the wake of the tragedy in Newtown, children’s psychiatric hospitals recognized roll. CT. The idea that there is not room for as legitimate sites of medical education is Mr. WHITEHOUSE. Mr. President, I one such obstacle on the road to real parity further attention to child mental that has both symbolic and pragmatic im- ask unanimous consent that the order health and psychiatry and adolescent portance. for the quorum call be rescinded. mental health and psychiatry seems to The history of federal support for training The PRESIDING OFFICER (Mr. me to be an unfortunate outcome. physicians during their hospital residencies CASEY). Is there objection? Bradley Hospital in Rhode Island goes back to the establishment of Medicare, Without objection, it is so ordered. would be a beneficiary of this. They are in 1965. Recognizing that America needs a Mr. WHITEHOUSE. Mr. President, a particularly good hospital in a great steady supply of physicians in all the areas Senator REED and I want to speak number of settings. of medicine, and that their training carries briefly, and unless the leader has ar- As I said, I know time is short, so I substantial additional expense for teaching rived, we will return the Senate to a will yield the remaining moments of hospitals, Medicare authorization includes a quorum call at the conclusion of the per-resident reimbursement that is provided our time to Senator REED. to hospitals through a complicated formula. remarks by Senator REED and myself. The PRESIDING OFFICER. The sen- One element for determining GME payments And it is gratifying that the Senator ior Senator from Rhode Island. is the percentage of a hospital’s reimburse- from Pennsylvania is presiding. Mr. REED. Mr. President, I want to ment that comes from Medicare. That chil- Yesterday, I requested that the join Senator WHITEHOUSE in com- dren’s hospitals would thus be excluded from cloakroom hotline Senator CASEY’s mending the Presiding Officer for his the program (because Medicare pays vir- Children’s Hospital Graduate Medical underlying legislation, along with Sen- tually zero for children’s medical care) was Education Support Reauthorization ator ISAKSON, and commend my col- unintentional, but it took 34 years for this Act, S. 958, with an amendment impor- league and friend, Senator WHITE- oversight to be corrected. The Children’s Hospitals Graduate Medical tant to Rhode Island and to the coun- HOUSE, for his leadership on this issue, and begin where he left off, which is, in Education Payment Program (CHGME), in try regarding growing our mental 1999, established a pool to provide residency health care pediatric workforce. the wake of the unfathomable tragedy education support to children’s hospitals in a My amendment would make re- in Newtown, CT, the idea that we do system modeled after the Medicare GME sys- sources available to increase the num- not need more trained child psychia- tem. The unintentional disincentive to train ber of residents trained in child and ad- trists and child counselors is difficult pediatric generalists and specialists was re- olescent psychiatry. Senator CASEY’s— to understand. We do need them. moved and pediatric training accelerated the Presiding Officer’s—bill and my The legislation the Senator from dramatically. This year, a total of $317.5 mil- amendment have the unanimous sup- Pennsylvania has introduced would lion offsets the training expenses of 5,500 port of my caucus and I believe have help children’s hospitals across the Na- residents at 46 children’s hospitals, and the CHGME program is widely considered a suc- very broad support in the Republican tion and we are strongly behind it. But we also want to make help available to cess. caucus as well. Unfortunately, there Parallel to the initial oversight in the has been an objection to my unanimous children’s psychiatric hospitals, such Medicare bill, in the arcane definition of a consent request, so I am very dis- as Bradley Hospital in Rhode Island. children’s hospital detailed in the CHGME appointed that my colleagues on the One of the facts that emerged from regulations is language making it impossible the terrible tragedy in Newtown is that other side of the aisle are not able to for children’s psychiatric hospitals to qual- we have young people who need help, clear this particular bill. I am also dis- ify. Only the most cynical observer would desperately need help, and their par- conclude that this was a deliberate attempt appointed that none of the Republicans ents need help—help to recognize prob- to exclude children’s psychiatric hospitals who object to this measure have ap- lems, help to not only diagnose them and the child psychiatric and pediatric resi- proached me or my staff with their but treat them, and we do not have a dents they train, especially since no medical concerns—none of them. If it is just sufficient number of trained child psy- specialty represents a greater shortage area than child and adolescent psychiatry. Yet, one, then he or she has not. If it is chiatrists in the country to do that. more than one, none of them have. steady efforts since 2002 to correct this over- This legislation, this amendment, sight have thus far been unsuccessful. I was prepared to come to the floor would allow us to do that. It adds no today and make a live unanimous con- The CHGME reauthorization needed for the cost, as Senator WHITEHOUSE indicated, program to continue would seem to offer the sent request to find out exactly where and I think it should be something that ideal opportunity to end this de facto dis- the objections to this amendment lie. we would do almost automatically crimination against children with mental- But, instead, I will urge my Republican when it comes to the welfare of our health problems. Sen. Sheldon Whitehouse colleagues to work with me and with children, but particularly in the wake and Representatives David Cicilline and Senator CASEY of Pennsylvania to of the terrible tragedy in Connecticut. James Langevin, all Rhode Island Demo- reach consensus on this important So I wanted to be here to lend my crats, have offered similar versions of a brief measure. support to the underlying efforts of the amendment to the reauthorization that The CHGME program should be reau- would correct the language to reflect the Senator from Pennsylvania and to the original bill’s intent. thorized. Since its enactment in 1999, specific efforts of my colleague, the If passed, it would admit four or five chil- the program has helped address the Senator from Rhode Island. dren’s psychiatric hospitals that meet strict need for more pediatric specialists. But Mr. President, I ask unanimous con- criteria into the pool of hospitals eligible for there is a gap in the field of child and sent that a statement by Dr. Gregory CHGME reimbursement. A larger taxpayer adolescent psychiatry. Fritz, who is the academic director of outlay is not requested; rather, the existing The American Psychiatric Associa- the residency program at Bradley Hos- money would be spread slightly more thinly tion concluded this year that ‘‘targeted pital, be printed in the RECORD. (an estimated 30 additional residents would efforts must be made to encourage There being no objection, the mate- be added to the current 5,500). One would medical training and residency in the rial was ordered to be printed in the think it a small price to pay to correct an in- justice, but passage is far from guaranteed. subspecialties of child and adolescent RECORD, as follows: As a child psychiatrist working at Bradley psychiatry. . . . ’’ PARITY FOR KIDS’ MENTAL HEALTH Hospital, one of the psychiatric hospitals I gather my time is very brief, so I Despite the passage of the federal mental- that would finally be included, I’m far from am going to yield to Senator REED very health parity bill, stigma and prejudice are dispassionate about this issue. I see every

VerDate Mar 15 2010 06:06 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.066 S19DEPT1 jbell on DSK7SPTVN1PROD with S8192 CONGRESSIONAL RECORD — SENATE December 19, 2012 day the agony experienced by families with With that, I yield the floor and sug- part some of it to those who too often autism, childhood suicide, adolescent sub- gest the absence of a quorum. take this country for granted? stance abuse or pediatric bipolar disorder; The PRESIDING OFFICER. The It would be a wonderful tribute to it’s different, but no less severe, than the clerk will call the roll. Dan Inouye to seek out ways to encour- pain associated with juvenile diabetes or leu- The legislative clerk proceeded to kemia. As are all mental-health profes- age such service by future generations. sionals, I’m troubled by the months-long call the roll. Dan Inouye’s work did not end when he waiting lists that prevent children’s access Mr. LEVIN. Mr. President, I ask took off his soldier’s uniform. In many to child psychiatric services. unanimous consent that the order for ways, it was just beginning. Forced by The distinction between psychological and the quorum call be rescinded. the loss of his arm to give up dreams of physiological disorders is artificial and anti- The PRESIDING OFFICER (Mr. a medical career, he entered politics. quated, reflecting outdated fears and preju- WHITEHOUSE). Without objection, it is His was one of the most remarkable ca- dices. In short, I see no valid reason to per- so ordered. petuate the exclusion of children’s psy- reers in public service our country has chiatric hospitals from the mechanism de- REMEMBERING DANNY K. INOUYE ever seen. We will miss Dan Inouye so signed to support physicians’ training. Nei- Mr. LEVIN. When 7-year-old Danny much in the Senate, his leadership, his ther do the thousands of members of 39 na- Inouye saw the Japanese planes over legislative talent, yes, but also his tional organizations who have signed on to a his Hawaii home on December 7, 1941, friendship, his humor, his humility, his letter urging support of the Whitehouse his first impulse was to help. So he ran steadfast belief in the American peo- amendment. Mental-health parity is the law to help. He had emergency medical ple. He was the last remaining Senator in principle; the CHGME reauthorization training. He used that training to help should make it be the case in practice. who voted for the Civil Rights Act of bind the wounds of the Americans in- Mr. REED. Mr. President, I have a 1964. In that vote and so many others, jured in the attack on Pearl Harbor. he served the Nation and the Senate comment on an additional issue but His second impulse, just as strong, would only do so if the Senator from with distinction that few have ever was to defend our country. But the matched. Rhode Island would allow. America of 1941 did not want his serv- Mr. WHITEHOUSE. Mr. President, In Michigan we proudly claim an ice. In fact, it considered Danny and let me yield back to my senior Senator early connection to this noble man. his fellow Japanese Americans suspect to move to his other issue. But let me Much of his recovery from the wounds also say what a pleasure and a privi- and called them enemy aliens and con- he suffered in Italy took place at a vet- lege it has been to work with him in fined more than 100,000 of them to in- eran’s hospital in Battle Creek, MI. our shared determination to see that ternment camps. When Danny Inouye There he met two other young men, a this amendment is made—this very tried to enlist to defend his country, soldier from Kansas named Bob Dole reasonable amendment that will add no his country told him: You are not wel- and one from Michigan named Phil additional spending and will expand come. Hart. They formed a lifelong bond, one the reach of adolescent and child psy- That Danny Inouye did not allow that endured all the way to the Senate. chiatry in this country. He has been anger and resentment to overcome his In 2003, when we dedicated that terrific to work with. It is always a love of country says something re- former hospital in Battle Creek, now a pleasure and privilege to have Senator markable about him and about our Federal office facility, as the Hart- country. When in 1943 President Roo- REED as my senior Senator, but this Dole-Inouye Federal Center, Senator has been a particularly good occasion sevelt allowed Japanese Americans to Inouye told the audience: All of us of working together. enlist in the fight against Nazi Ger- have chapters in our lives, milestones. With that, I yield back to my senior many, Inouye and thousands of young My most important chapter, he said, Senator. men answered the call. He burned with was a Battle Creek chapter. This is The PRESIDING OFFICER. The sen- desire to defend the Nation that had where I learned what democracy was ior Senator from Rhode Island. told him and people of his background: all about, where I learned what Amer- Mr. REED. Mr. President, I want to You may not serve; a nation that still ica was all about. touch on a topic that was discussed by held thousands of Japanese Americans To have imparted any lessons on many of my colleagues, including Sen- behind barbed-wire fences. America to Dan Inouye would be a re- ator WHITEHOUSE; and that is the fish- When he left Hawaii for the Army, markable honor. What we may have eries disaster in the Northeast, which his father told him: This country has taught him pales in comparison to was declared by the Secretary of Com- been good to us. Whatever you do, do what he taught us. merce in 2012. There is language and not dishonor this country. Danny, on A few years ago, in a speech honoring support in the supplemental appropria- more than one occasion, told stories his fellow Japanese-American veterans, tions bill to help our fishing industry about his Army training in Mississippi, Danny told his audience that our in the Northeast that has been affected about the racial segregation he saw. He greatness as a nation lies in part in our by this disaster in the areas of New told the story of how after he returned willingness to recognize the flaws in York, Connecticut, and Rhode Island. from World War II he stopped in Cali- our past, including our treatment of These fishermen have been for years fornia on the way home to Hawaii to Japanese Americans and our deter- under a painful regime of restricted stop to get a haircut and was told: We mination in whatever limited way we fishing so that the stock could be re- don’t serve Japs here. could to make amends. Dan Inouye plenished. Despite their efforts, some He stood there in full dress uniform, served his country because of his of the fishing stock has not responded, his chest covered in medals, a hook in dream of what we could be: a nation leading to a declaration of a fisheries place of the arm blown apart by a Ger- unbound by our all too human failings. disaster by the Secretary of Commerce. man rifle grenade. Even then he had to He believed to his core that we are The funding that is included in the confront hatred. There is so much that able to shed old prejudices. He believed supplemental applies to New England, is remarkable about the life of Dan that our Nation, despite its flaws, but it also helps Alaska and Mis- Inouye, the story of his service on the shines with such bright promise that sissippi. I appreciate very much the battlefields of Italy is indeed remark- we could inspire remarkable service fact that Senator MIKULSKI is working able, physical courage he displayed in and sacrifice, even in those who suffer to include this funding in the bill. She winning the Medal of Honor is alone from our shortcomings, a nation so is an extraordinary leader in our Sen- enough to earn the title ‘‘hero.’’ great that those we treat with disdain ate, an extraordinary and compas- But rising above his physical courage or even hatred can respond with love sionate leader when it comes to issues and the guts he showed is the moral that knows no limit. This love was as affecting the fishing industry, not just courage it took for Dan Inouye and his powerful as the love that Dan Inouye in her home area of the Chesapeake fellow Japanese Americans to even set showed for all Americans and for the Bay and the Atlantic but as far away foot on that battlefield. What is it that very idea of America. as Alaska and Rhode Island and Maine. spurs some of our countrymen to offer I am so grateful for the lessons that I would hope we could move to help their lives in defense of a country that Danny taught me, so grateful for his these fishermen get on with their lives shuns them? Where does that love of friendship. Barb and I send our deepest with this assistance. country come from? How can we im- condolences to Irene and all of Danny’s

VerDate Mar 15 2010 06:06 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.068 S19DEPT1 jbell on DSK7SPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — SENATE S8193 family, to the people of Hawaii, and to Mr. COATS. The Senator from fected States testifying. We heard a all of those touched by this remarkable Vermont is correct. I don’t intend to number of suggestions about the num- man. take any action on this now. I know ber of things that ought to be incor- Mr. REID. Mr. President. Our former there are events planned tonight. We porated into this legislation. Mitiga- colleague, now Secretary of the Inte- are in the middle of mourning for our tion was one major issue. Mitigation rior Ken Salazar has written a letter in lost colleague as well. But I simply simply is preparing for the next storm memory of our departed colleague Dan wanted to explain for the record what so we can mitigate or lessen the dam- Inouye. I ask unanimous consent that it is that we are attempting to do. age that occurred from the storm that the letter be printed in the RECORD. I think all of us are sensitive to the we just incurred. But mitigation is a There being no objection, the mate- pain and the damage incurred by those long-term project. It is not something rial was ordered to be printed in the in the Northeast due to the cata- that can be immediately entered into. RECORD, as follows: strophic, clearly catastrophic record Interestingly enough, on the pro- THE SECRETARY OF THE INTERIOR, proportion hurricane that hit that sec- posals that were presented before the Washington, December 18, 2012. tor of our country just weeks ago. committee, many were contradictory. Majority Leader HARRY REID, Clearly, that is something that falls in Some thought that burying wires un- Hart Senate Office Bldg., the category of an emergency. It goes derground would prevent, obviously, Washington, DC. beyond the ability of State and local tree limbs from taking them down and DEAR MAJORITY LEADER: Senator Danny jurisdictions to address with their own losing power on above-ground wiring. Inouye was and will continue to be one of my lifetime heroes. In December 2008, when the resources. They will participate in the In a city like Manhattan, Boston, or a President, you and I were in discussions recovery, and they have. It is remark- major metropolitan area or in any city, about my potential service as United States able, in this country virtually no it is an enormously expensive project. Secretary of the Interior, Senator Inouye State, no Senator, can stand and sim- While that seemed initially to meet said the following to me: ply say, well, we haven’t been touched some success, then one of the experts ‘‘The Secretary of the Interior is the most and not understand the need for the re- who was testifying said, well, wait a important position in the Cabinet because sponse that comes from disasters, minute. The flooding that occurs with you are the Custodian of America’s Natural whether they be tornadoes like oc- this would go in and would corrode the Resources and America’s Heritage.’’ piping and corrode a lot of the systems Senator Inouye’s description of the Depart- curred in my State of Indiana just this ment was a major factor in my decision to past spring—we needed emergency help and the switches, and that might not accept the President’s offer to serve as Sec- and response and received that—or be the best thing to do. I don’t know retary of the Interior. I have adopted his de- whether it is flooding that has oc- whether that is better to do or not bet- scription of the job of Secretary as my motto curred throughout the Midwest and in ter to do, but it is certainly something and as the best description of the Depart- other parts of the country that has that needs to be examined carefully ment of the Interior. caused a tremendous amount of dam- and vetted before we commit to that Like you, I will forever miss Senator age. type of project. Inouye. He has served and continues to serve There have been terrorist attacks Others said we should rebuild the as a mentor and inspiration to me in all of my days in public service. I know his life and such as 9/11, Oklahoma City. In this sand dunes and sand islands offshore to his teachings will continue to live through case, hurricanes, and we have had a provide barriers. There was the piece, I each of us as he continues to inspire our number of those. Katrina stands in our think it was in the New York Times, journey forward. mind, Irene, and on and on it goes with that basically said this has shown some Respectfully, Sandy being the latest. This one was real promise in terms of protecting KEN SALAZAR, truly of a monumental proportion and areas by having sand barriers off coast. U.S. Secretary of the Interior, created a lot of damage. Other experts came in and said, well, former U.S. Senator. Therefore, a Federal response is need- yes, sometimes that works and some- Mr. REID. Mr. President, I yield the ed and necessary if we are going to times it doesn’t work, and you need to floor, and I suggest the absence of a begin to have an adequate recovery, be careful how and where you build quorum. get people back to work and back in these. It is not the panacea, it is not The PRESIDING OFFICER. The their homes, businesses up and growing the be-all and end-all of how you pre- clerk will call the roll. again and working. vent this type of damage, but it clearly The assistant legislative clerk pro- The bill that is currently on the Sen- is something that we ought to look at, ceeded to call the roll. ate floor for us attempts to do that. clearly something we ought to exam- Mr. COATS. Mr. President, I ask Some of us were somewhat staggered ine. But making a decision now in the unanimous consent that the order for by the initial number, $60.4 billion. weeks’ aftermath of the storm, just the quorum call be rescinded. That may not be enough; that may be days from adjournment, and saying The PRESIDING OFFICER. Without too much. But in the short amount of this is why we need $13 billion toward objection, it is so ordered. time that we have had to try to put all mitigation projects—without vetting Mr. COATS. Mr President, I have not the estimates together in terms of those projects, without examining yet filed, but I intend to shortly, an al- what might be needed, what we as Sen- those, having experts look at it and ternative amendment to the emer- ate Appropriations Republicans have tell us what they think would work, gency supplemental which is on the attempted to do is to separate that how much it would cost, setting the Senate floor and in the process of being from what we believe is immediately priorities of what ought to be first, debated. I would like to explain what it needed—immediate being from the what ought to be done and what, per- is that I am going to file and what it time of the storm through March 27— haps, might not work and be post- does and explain the rationale behind to attend to those initial responses poned—all of that requires a process. it. that need to take place. There were a If we are going to be responsible with Mr. LEAHY. Would the Senator yield whole raft of things that run the gamut the taxpayers’ dollars at a time of this for a question? from debris cleanup to repairing dam- fiscal crisis, and particularly now, it Mr. COATS. I yield to the Senator. aged and flooded facilities, destroyed seems to me the most logical and re- Mr. LEAHY. It is my understanding homes, public facilities, and so forth. sponsible way to move forward is to that the Senator is not going to seek But we need to try to go through and identify the immediate needs and pro- action on it now, it is simply to file it? separate the immediate and make sure vide the immediate funding to address Mr. COATS. That is correct. that measure of support as quickly and those needs. Mr. LEAHY. I thank my distin- as expeditiously as possible is brought Secondly, on those needs that are guished colleague. to the area to address the problem and longer term, go through the process. We have shared this colloquy on two distinguish them from those longer That is why we have committees. That different occasions. I thank the Sen- term projects and interests that have is why we have procedures in place, to ator. been proposed. identify how best to move forward and The PRESIDING OFFICER. The Sen- When our committee met, it was, I spend the taxpayer dollars in a useful ator from Indiana. think, up to 10 Senators from the af- way that doesn’t turn out to be a waste

VerDate Mar 15 2010 06:15 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.071 S19DEPT1 jbell on DSK7SPTVN1PROD with S8194 CONGRESSIONAL RECORD — SENATE December 19, 2012 of money and deny us the opportunities should a second storm or subsequent fully thought-through, reasonable to do the mitigation or other repairs storm occur. We have to look at a number to take care of needs for now, that may be needed. whole number of factors and make through this Christmas season and all The additional funding, of course, judgments. That is what we are elected the way to March 27. This Congress this is a short-term proposal. It goes to do. will then revisit the matter and see through March 27. It addresses those When the taxpayers send their money what else is needed. But during that needs that fall into that category that into the Federal Government, they time, we will be able to also carefully meet the criteria of what we set out don’t want us to just throw up a num- work through the estimates, substan- when we told our staff on the Appro- ber and throw some wish list out and tiate those estimates, certify that. priations Committee to go through and throw out money at unsubstantiated Then, obviously, I think those pro- scrub the bill that was put before us and unscrubbed projects that are pro- posing will have a much better founda- and separate out that which was need- posed. So I am not suggesting that ev- tion to stand on in terms of what they ed now from that which could be done erything in the proposal, the $60.4 bil- are requesting, and those of us who are later. That criteria excluded funding lion, is not necessary. I am simply say- trying to be very careful with the tax- for projects not related to Sandy. ing give us some time, at least these 3 payers’ dollars will be able to assert or There is the long list of requests out months through March 27, to have our state why we think this may not be there for previous disasters. Mitigation committees and have the experts look necessary at this time or perhaps was for future disasters that may or at these proposals and make sure it is doesn’t fall in the category of being re- may not come. On mitigation, we said substantiated. lated to Sandy. let’s set that aside for later delibera- So we remove the unsubstantiated, We all know when some emergency tion. the mitigated, the non-Sandy related. supplemental comes to the Halls of On nonrelated issues, such as clean- We have removed all that from this Congress, a lot of people reach in their ing up the tsunami debris on the west program, and that is how we arrived at pocket, pull out their wish list, waiting coast, those expenditures put in this this number. for the next train that has to be some- $60.4 billion proposal by the adminis- Now, I could go through a number of thing we will move through quickly, tration and brought to this Senate examples—I don’t think I need to do has to be something signed by the floor, if it is not related directly to this that at this particular point in time. President because it is designated as an storm, let’s set those aside for the pro- When we look at the various categories emergency. They throw on their wish cedures that were being dealt with be- this falls into, sometimes we matched list of unresolved, unfunded projects fore Sandy occurred or put those proce- exactly what it was in the administra- that perhaps are legitimate, perhaps dures in place to deal with it after- tion’s bill, saying this is an accurate maybe just earmarks or something ward. So unrelated items and unsub- number. that needs a train to hook onto in stantiated items, those are where all Flood insurance, for instance, we re- order to get passed. That is what we the facts weren’t in, where these were quire people living in flood zones to want to try to avoid. estimates that had not been certified buy flood insurance. They buy the As I said, I will be filing this amend- and not substantiated in a way that I flood insurance, and they are looking ment, which hopefully will be seen as think puts us in a position to make the for their check. If the estimate has an alternative to give Members a correct decisions in terms of going for- been made, and it has been made actu- choice in terms of how best to move ward. arially and through the procedures of forward in dealing with this legitimate So under that criteria, we came up FEMA and all those evaluating the supplemental emergency provision. with a proposal that is a little bit of a cost, and the decision is made and the With that, I yield the floor. work in progress, but totals around $24 number is determined and certified, billion. then a check is written and those peo- f Mr. LEAHY addressed the Chair. ple can move on to their lives. That is RECESS SUBJECT TO THE CALL OF Mr. COATS. I yield to the Senator, an immediate need. THE CHAIR but I would like to finish my remarks, We can’t tell people to pay their pre- The PRESIDING OFFICER. Under if I could. I know we all have time com- miums and we will somehow find a way the previous order, the Senate stands mitments. to get their checks to them a year from in recess subject to the call of the Mr. LEAHY. I am only going to make now. This is an immediate need. In Chair. a short unanimous consent request, if I that regard, we have matched their re- Thereupon, at 5:18 p.m., the Senate could. quest made by the Flood Insurance recessed subject to the call of the Chair Mr. COATS. I yield to the Senator. Program to provide the borrowing au- and reassembled at 9:46 p.m., when ORDER FOR RECESS thority so that they can cut those called to order by the Presiding Officer Mr. LEAHY. Mr. President, I ask checks. Whether it is Christmas or the (Mr. WHITEHOUSE). unanimous consent that upon the com- middle of the year, those people need pletion of the distinguished Senator’s to get their lives back together and we f remarks the Senate stand in recess want to get that money to them. DEPARTMENT OF DEFENSE subject to the call of the Chair. So as you go through the list here APPROPRIATIONS ACT—Continued The PRESIDING OFFICER. Without and the categories, as you compare objection, it is so ordered. what we have provided and what was The PRESIDING OFFICER. The Sen- The Senator from Indiana. provided in the larger bill, you find ator from Vermont is recognized. Mr. COATS. Mr. President, the con- congruence in a number of areas, but a Mr. LEAHY. Mr. President, is the cept behind this, of course, is to be as number of other areas, which I have substitute now pending? careful as we can with the taxpayers’ generalized in terms of mitigation, in The PRESIDING OFFICER. The Sen- money and make sure that each dollar terms of community development ator is correct. spent is spent on something that has block grants, all these take time to AMENDMENT NO. 3338 WITHDRAWN been thoroughly examined, looked at, come to fruition, to be put together. Mr. LEAHY. Mr. President, I with- vetted, scrubbed, and determined to be The plans need to be vetted and ap- draw the pending substitute amend- necessary going forward. We have to proved. They are not necessary to pro- ment No. 3338. determine the share, the cost share for vide the necessary immediate need and The PRESIDING OFFICER. The Sen- the State and local communities; what aid that is for the people who are suf- ator has that right and the amendment that percentage ought to be that comes fering from the consequences of this is withdrawn. from the State and the local commu- storm. If we go through all that and Mr. LEAHY. Mr. President, I yield to nities as opposed to the Federal Gov- scrub it, we arrive at a considerably the distinguished majority leader. ernment. lower number. The PRESIDING OFFICER. The ma- We have to determine how to best go But I want it said that this number, jority leader is recognized. forward with the best project that can, while higher than some would like and Mr. REID. Mr. President, I express hopefully, prevent future damage lower than others would like, is a care- my appreciation to the manager of this

VerDate Mar 15 2010 06:44 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.073 S19DEPT1 jbell on DSK7SPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — SENATE S8195 bill, Senator LEAHY. He and I have Landrieu, Christopher A. Coons, Amy The assistant legislative clerk read worked together on the Appropriations Klobuchar, Bill Nelson, Debbie Stabe- as follows: now, Jack Reed, Kirsten E. Gillibrand, Committee for more than a quarter of The Senator from Nevada [Mr. REID] pro- Tom Udall, Bernard Sanders, Sheldon a century. poses an amendment numbered 3401 to the Whitehouse. AMENDMENT NO. 3395 instructions of the motion to commit H.R. 1. AMENDMENT NO. 3398 The amendment is as follows: (Purpose: In the nature of a Mr. REID. Mr. President, I have a In the amendment, strike ‘‘3 days’’ and in- substitute) first-degree amendment to the text of sert ‘‘2 days’’. Mr. President, I have a substitute the language proposed to be stricken Mr. REID. Mr. President, I ask for amendment at the desk and I ask for which is at the desk, and I ask it be re- the yeas and nays on that amendment. its consideration. ported. The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. The The PRESIDING OFFICER. The sufficient second? clerk will report. clerk will report. There appears to be a sufficient sec- The assistant legislative clerk read The assistant legislative clerk read ond. as follows: as follows: The yeas and nays were ordered. The Senator from Nevada [Mr. REID] pro- The Senator from Nevada [Mr. REID] pro- AMENDMENT NO. 3402 TO AMENDMENT NO. 3401 poses an amendment numbered 3395. poses an amendment numbered 3398 to the language proposed to be stricken by amend- Mr. REID. Mr. President, I have a (The amendment is printed in today’s ment No. 3395. second-degree amendment at the desk, RECORD under ‘‘Text of Amendments.’’) and I ask for it to be reported. The amendment is as follows: AMENDMENT NO. 3396 TO AMENDMENT NO. 3395 At the end, add the following new section: The PRESIDING OFFICER. The Mr. REID. Mr. President, I have a Sec. XXXXXXXXX clerk will report. first-degree amendment to the sub- This Act shall become effective 5 days The assistant legislative clerk read stitute which is at the desk. after enactment. as follows: The PRESIDING OFFICER. The Mr. REID. Mr. President, I ask for The Senator from Nevada [Mr. REID] pro- clerk will report. the yeas and nays on that amendment. poses an amendment numbered 3402 to The assistant legislative clerk read The PRESIDING OFFICER. Is there a amendment No. 3401. as follows: sufficient second? The amendment is as follows: In the amendment, strike ‘‘2 days’’ and in- The Senator from Nevada [Mr. REID] pro- There appears to be a sufficient sec- sert ‘‘1 day’’. poses an amendment numbered 3396 to ond. amendment No. 3395. The yeas and nays were ordered. CLOTURE MOTION The amendment is as follows: AMENDMENT NO. 3399 TO AMENDMENT NO. 3398 Mr. REID. Mr. President, I have a At the end, add the following new section: Mr. REID. Mr. President, I have a cloture motion to the underlying bill Sec. ll. second-degree amendment which is at at the desk. This Act shall become effective 7 days the desk, and I ask for it to be re- The PRESIDING OFFICER. The clo- after enactment. ported. ture motion having been presented Mr. REID. Mr. President, I ask for The PRESIDING OFFICER. The under rule XXII, the Chair directs the the yeas and nays on that amendment. clerk will report. clerk to read the motion. The PRESIDING OFFICER. Is there a The assistant legislative clerk read The legislative clerk read as follows: sufficient second? as follows: CLOTURE MOTION There appears to be a sufficient sec- The Senator from Nevada [Mr. REID] pro- We, the undersigned Senators, in accord- ond. poses an amendment numbered 3399 to ance with the provisions of rule XXII of the The yeas and nays were ordered. amendment No. 3398. Standing Rules of the Senate, hereby move to bring to a close debate on H.R. 1, an act AMENDMENT NO. 3397 TO AMENDMENT NO. 3396 The amendment is as follows: making appropriations for the Department Mr. REID. Mr. President, I have a In the amendment, strike ‘‘5 days’’ and in- sert ‘‘4 days’’. of Defense and other departments and agen- second-degree amendment at the desk, cies of the Government for the fiscal year and I ask for it to be reported. MOTION TO COMMIT WITH AMENDMENT NO. 3400 ending September 30, 2011. The PRESIDING OFFICER. The Mr. REID. Mr. President, I move to Harry Reid, Patrick J. Leahy, Benjamin clerk will report. commit the bill, H.R. 1, to the Appro- L. Cardin, Mark Begich, Joe Manchin The assistant legislative clerk read priations Committee, with instructions III, Tom Harkin, Jeff Bingaman, Mary as follows: that are at the desk. Landrieu, Christopher A. Coons, Amy Klobuchar, Bill Nelson, Debbie Stabe- The Senator from Nevada [Mr. REID] pro- The PRESIDING OFFICER. The clerk will report. now, Jack Reed, Kirsten E. Gillibrand, poses an amendment numbered 3397 to Tom Udall, Bernard Sanders, Sheldon amendment No. 3396. The assistant legislative clerk read Whitehouse. as follows: The amendment is as follows: FLOOD CONTROL In the amendment, strike ‘‘7 days’’ and in- The Senator from Nevada [Mr. REID] moves Mr. LAUTENBERG. Mr. President, I sert ‘‘6 days’’. to commit the bill, H.R. 1, to the Committee on Appropriations with instructions to re- rise today to engage in a colloquy with CLOTURE MOTION port back forthwith with an amendment my friend Senator LEAHY, who is man- Mr. REID. Mr. President, I have a numbered 3400. aging the Senate Supplemental Appro- cloture motion to the substitute at the The amendment is as follows: priations bill. The bill includes funding desk. At the end, add the following new section: and language provisions for the U.S. The PRESIDING OFFICER. The clo- Sec. lll. Army Corps of Engineers that will help ture motion having been presented This Act shall become effective 3 days construct and improve crucial flood under rule XXII, the Chair directs the after enactment. control projects in areas impacted by clerk to read the motion. Mr. REID. Mr. President, I ask for Hurricane Sandy, including along the The legislative clerk read as follows: the yeas and nays on that motion. Jersey Shore. Mitigation projects CLOTURE MOTION The PRESIDING OFFICER. Is there a along the coast are critical to pre- We, the undersigned Senators, in accord- sufficient second? venting future damage, and that’s why ance with the provisions of rule XXII of the There appears to be a sufficient sec- I am pleased that language is included Standing Rules of the Senate, hereby move ond. in the bill to authorize projects for to bring to a close debate on the substitute The yeas and nays were ordered. construction that are currently in the amendment No. 3395 to H.R. 1, an act making AMENDMENT NO. 3401 study phase. This provision will expe- appropriations for the Department of De- Mr. REID. Mr. President, I have a dite flood control efforts in flood-prone fense and other departments and agencies of first-degree amendment to the instruc- areas impacted by Hurricane Sandy, the Government for the fiscal year ending September 30, 2011. tions at the desk, and I ask the Chair and I am pleased Senator LEAHY agrees Harry Reid, Patrick J. Leahy, Benjamin to have that reported. this is a valuable initiative. L. Cardin, Mark Begich, Joe Manchin The PRESIDING OFFICER. The Mr. LEAHY. I am pleased to work III, Tom Harkin, Jeff Bingaman, Mary clerk will report. with Senator LAUTENBERG on this

VerDate Mar 15 2010 07:00 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.075 S19DEPT1 jbell on DSK7SPTVN1PROD with S8196 CONGRESSIONAL RECORD — SENATE December 19, 2012 issue. New Jersey, New York, and other fectiveness, in accordance with the Lakes system. The light-loading of States throughout the region were dev- aforementioned intentions, no later ships has repercussions across our astated by Hurricane Sandy. In par- than 45 days following enactment of transportation system with very real ticular, flood-prone areas and the this Act. impacts on jobs and our manufacturing coastline experienced severe damage. GREAT LAKES DREDGING FUNDING and agricultural sectors. This year’s That is why the Supplemental Appro- Mr. LEVIN. Mr. President, I want to drought across Ohio, Michigan, and priations bill includes funding and lan- bring attention to a significant dis- other parts of the upper-Midwest has guage to improve damaged projects, aster situation in the Great Lakes re- been nothing short of a natural dis- construct new projects to prevent fu- gion. As a result of a deadly combina- aster. ture damage, and to authorize projects tion of the Midwest drought and an un- Mr. LEVIN. In addition to response, in the study phase for construction, usually warm winter, the Great Lakes recovery and mitigation related to provided that the Corps of Engineers are at near record low water levels. Hurricane Sandy damage, I also under- determines doing so would cost-effec- The Army Corps of Engineers reports stand this bill provides funds to help tively reduce flood and storm damage that Lakes Michigan and Huron are respond to other natural disasters. I risks. more than 2 feet below their long-term would ask the manager of the bill, Sen- Mr. LAUTENBERG. Requiring the average. Lake Superior is more than 1 ator LEAHY, is that correct? Corps of Engineers to determine wheth- foot below its long-term average. Keith Mr. LEAHY. Yes, that is correct. The er potential projects in affected areas Kompoltowicz, chief of watershed hy- Supplemental Appropriations bill in- can cost-effectively reduce flood and drology for the Army Corps of Engi- cludes some funding related to natural storm damage risks before receiving neers, has said regarding the Great disasters other than Hurricane Sandy. construction authorization is a valu- Lakes water levels, ‘‘There is a good Mr. LEVIN. Would the near-historic able goal. However, Hurricane Sandy chance of setting record lows.’’ The sit- low water levels of the Great Lakes changed the conditions of many uation in the Great Lakes has resulted caused by drought and mild winters be projects, which could increase the final in freighters getting stuck in channels, considered a natural disaster? cost of those projects. Also, many ships carrying reduced loads leading to Mr. LEAHY. The bill does not define homes and businesses in flood-prone millions of dollars in losses, harbors ‘‘natural disaster,’’ but the near record areas were destroyed. This could lead closing or being threatened with clo- water level lows in the Great Lakes to a decrease in the value of property sure, and so-called Harbors of Refuge caused by drought and unusually warm protected by proposed projects. There- not being able to provide shelter to weather leading to increased evapo- fore, the combined impact of increased boaters in distress. ration are certainly contributing to project costs and a reduction in the Ms. STABENOW. Mr. President, I significant drought-like consequences value of property that would be pro- share my colleague’s deep concern with at Great Lakes ports and harbors. tected by planned flood control infra- the low water levels in the Great Mr. LEVIN. I thank the Senator. I structure could result in a calculation Lakes. This is, without a doubt, a dis- am pleased the bill includes $821 mil- that shows a higher project cost with aster for the communities who rely on lion to dredge federal navigation chan- lower economic benefits. Does the Sen- our harbors and waterways. The Great nels and repair damage to Corps ator agree that the language regarding Lakes provide jobs for more than projects nationwide related to natural the cost-effectiveness of flood and 800,000 Michigan residents, and low disasters. Would federally-authorized storm damage efforts under consider- water levels in the lakes are threat- Great Lakes harbors and channels be ation for construction authorization is ening those jobs. The Great Lakes sup- eligible for that funding? not intended to disqualify projects that port a $7 billion fishing industry, and a Mr. LEAHY. Yes. The funding is tied could have increased costs and de- $16 billion recreational boating indus- to estimates of natural disaster dam- creased economic benefits as a result of try. However, weather disasters this ages relayed to Congress by the Corps, Hurricane Sandy? year have resulted in water levels in however, the funding is not earmarked Mr. LEAHY. Yes. The language does the Great Lakes near record lows. Nor- to specific projects. The Corps utilizes not intend for the Corps of Engineers mally we count on spring rains and this funding to restore essential to disqualify studies under consider- snow melt-off to raise the level of the project functions based on the Corps’ ation for construction authorization lakes. But this spring we saw only a 4 priority of the damages. In that con- based on increased costs and decreased inch rise in Lake Michigan and Lake text, Great Lakes ports and harbors economic benefits as a result of Hurri- Huron, one-third of the normal level. would be eligible for the funding. cane Sandy. In addition, the term And for the first time on record, there Mr. LEVIN. I thank the Senator for ‘‘cost-effectiveness’’ does not refer to was no spring rise in levels of Lake St. his clarification. The Army Corps of the benefit to cost ratio typically used Clair and Lake Erie. Due in part to the Engineers estimates that $35 million by the Corps of Engineers. summer heat wave, at the height of could be utilized in operations and Mr. LAUTENBERG. I thank Senator which every single one of Michigan’s 83 maintenance funding just to restore LEAHY, along with Energy and Water counties was declared a disaster area, minimum operations in the Great Development Appropriations Sub- 2012 was also marked by evaporation Lakes system. I am hopeful that $35 committee Chairman DIANNE FEIN- rates over 50 percent above average for million of the $821 million for dredging STEIN, who has jurisdiction over the the 4 largest lakes. There is no ques- will be directed to Great Lakes Corps, for their work on this vital bill, tion that the shipping channels and projects. I thank the Senator for his which would help states affected by harbors of the Great Lakes are in dis- work on this important legislation, and Hurricane Sandy recover and prepare tress. We cannot reverse the drought, I thank my friends for their support in for future storms. It includes impor- but we can support the dredging addressing the low water level impacts tant language to allow projects in the projects necessary to ensure that the on the Great Lakes navigational sys- study phase to be constructed and does 139 Federal harbors and waterways in tem through this supplemental appro- not intend to disqualify projects with the Great Lakes region can continue to priations bill. increased costs and decreased economic serve our Nation’s economy. Mr. BROWN of Ohio. While the water benefits as a result of Hurricane Sandy. f Given that this process is different levels are at historic lows in Lakes than standard practice, does the Sen- Michigan and Huron, Lake Erie, which ator agree that the Corps of Engineers my State borders, also has water levels MORNING BUSINESS should submit a report to Congress to below its long-term average. Because Mr. REID. Mr. President, I ask unan- explain the process that will be imple- the Great Lakes navigational system is imous consent the Senate proceed to a mented? interconnected, with shipments often period of morning business, with Sen- Mr. LEAHY. Yes. The Corps is di- moving from Duluth to Cleveland to ators permitted to speak therein for up rected to submit a report to the Com- Buffalo, a problem in one harbor can to 10 minutes each. mittee on Appropriations on its pro- have negative impacts across all of the The PRESIDING OFFICER. Without posed process for determining cost-ef- 60 commercial projects in the Great objection, it is so ordered.

VerDate Mar 15 2010 07:00 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.053 S19DEPT1 jbell on DSK7SPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — SENATE S8197 ORDER OF BUSINESS certainly the loss of livestock, and the this Nation. Quite frankly, I have no Mr. REID. Mr. President, I filed clo- loss of miles of fencing in these fires. answer. I have no answer. I can’t think ture on the substitute amendment and Basically, whole ranching enterprises of an answer. the bill itself. I have had a conversa- were destroyed. Will any of my 99 colleagues come to tion with the Republican leader earlier The largest of these fires was larger me and explain why we shouldn’t pass this evening. I am hopeful we can get a than the Presiding Officer’s State, the this amendment tomorrow, the amend- list—a short list—of amendments and a State of Rhode Island. That is an enor- ment that I will propose? I will tell you path to complete work on this bill as mous fire. That was just one of the that a number of us came together to soon as possible. The FISA bill is some- many fires we had sweeping our State, propose this amendment. Senator STA- thing we have to do before we leave. I and this was not just something that BENOW, Senator MCCASKILL, Senator have said that several times this week. happened in Oregon. This happened in BAUCUS, Senator WYDEN, Senator TIM I have had conversations with several many States this summer because it JOHNSON, Senator FRANKEN, Senator interested Members. I am hopeful we goes along with something else, which TOM UDALL, representing all kinds of can get an agreement to complete ac- is we had the worst drought in many parts of our Nation, who understand tion on this matter tomorrow. parts of the country. So we have farm- the impact that drought has had, un- The DOD authorization conference ers and ranchers across this Nation derstand the impact the fires have had. report, they have completed that work. devastated this past summer by They have come together from dif- It has been tedious and very hard. Sen- drought, devastated by fires which ferent parts of the Nation to say we are were larger because of drought condi- in this together. Let’s not leave strand- ator MCCAIN and Senator LEVIN have worked very hard. We are hopeful we tions. ed our ranchers and farmers when we Normally we would have had disaster can lock in an agreement to vote on gather to debate tomorrow. Let’s let programs to assist with these disasters. that tomorrow. We also have to con- this amendment be brought forward, These disaster programs were author- firm three district court judges. We and let’s get it passed as part of this ized in the farm bill. In this Chamber hope to be able to do that tomorrow. very appropriate response to this very we had a bipartisan coming together. We have a lot of work to do. terrible disaster called Hurricane We passed the farm bill, and we sent it The House, as we speak—how to say Sandy. over to the House. There it has sat, this in a kind way. They are trying to f month after month after month, while come up with something. They have our farmers and our ranchers all across LIMITED SERVICE EXCLUSION had to work all day to come up with this Nation faced these disasters with Mr. PRYOR. Mr. President, I rise something. We are waiting for their no assistance, no assistance in a situa- today to address an issue that has aris- ‘‘something.’’ tion in which they should be able to ex- en between companies within the mov- I suggest the absence of a quorum. pect assistance. It is the tradition of ing industry. Recently, a group of full- The PRESIDING OFFICER. The our Nation that when there are ex- service moving companies has at- clerk will call the roll. traordinary disasters, we rally to- tempted to change rules established by The assistant legislative clerk pro- gether, respond and rebuild those com- law, regulations, and court findings. ceeded to call the roll. munities, whether they be urban disas- These full-service moving companies Mr. MERKLEY. Mr. President, I ask ters or whether they be rural disasters. are aiming to undermine the clear in- unanimous consent that the order for But because the farm bill has not been tent of Congress by avoiding the formal the quorum call be rescinded. passed, not gotten to the President, rulemaking or legislative process. The The PRESIDING OFFICER. Without these disaster programs have not been changes sought would benefit their objection, it is so ordered. reauthorized, and our farmers and companies and damage their competi- Mr. MERKLEY. Mr. President, I ask ranchers watch us and wait. They say tors within the sector. unanimous consent to speak as in where is our government, our partner, In recent years, full-service moving morning business. when disaster occurs? companies have faced new competition The PRESIDING OFFICER. Without They know the tax dollars they pay from a growing number of companies objection, it is so ordered. go into the central government and that allow consumers a ‘‘do it your- f have many times been allocated to oth- self’’ alternative to more expensive, ers around this Nation facing disasters traditional movers. Some general NATIONAL DISASTERS of all kinds—earthquakes, hurricanes, freight motor carriers have been offer- Mr. MERKLEY. Mr. President, to- floods, droughts. But these individuals, ing ‘‘do it yourself’’ consumers an op- night we are wrapping up affairs here now that Mother Nature has struck tion for moving: a non-household goods on the floor, and what is going on right them, stand waiting. motor carrier drops off empty con- now is that the main substitute amend- We have an opportunity tomorrow to tainers or trailers at the consumer’s ment that had a whole series of other right this wrong. We have a bill that is doorstep for the consumer to load, the amendments attached to it that has about the enormous terrible disaster consumer loads the trailer—individ- been the result of the work over the that affected our Northeastern States ually, with help from neighbors, or by last couple of days has been withdrawn, in the form of Hurricane Sandy. hiring a third party. After loading, the so we are back to square one in terms We should be absolutely expedient in consumer calls the container company of addressing a series of national disas- taking care of communities so dra- or freight carrier to pick up the con- ters around the country. matically affected. But at the same tainer or trailer, the container com- Tomorrow, with the new amendment, time, isn’t it right that we take care of pany then arranges for an authorized we will start off the day with a new the other communities around this general freight or flatbed carrier to basic amendment and a new chance to country that have faced disasters this pick up and haul the loaded container, have amendments to the replacement. I last year that are waiting on us? dropping it off on the requested deliv- explain this simply to say that a num- I invite my colleagues to come to the ery date for the consumer to unload; ber of Senators who had amendments floor and explain to me if they feel it is and the carrier returns to pick up the over the last couple of days will come not right to take care of the other dis- empty container or trailer when un- back tomorrow and will ask to have asters we have had this last year. I loaded. The customer is able to pur- their amendments be considered. I will would like to be able to go to the chase the level of service he or she be one of them, and I wanted to explain ranchers and farmers in my State and wants and manage the process them- why. explain to them the arguments that selves from start to finish. In my home State of Oregon, we had others might bring about why their Mr. President, that is precisely the the worst forest fires in a century this disaster, the destruction of their liveli- type of service alternative Congress in- summer, and the devastation to ranch- hood that the great hand of Mother Na- tended to encourage when it included ers and farmers was enormous. There ture struck, why we shouldn’t address the so-called ‘‘Limited Service Exclu- was the loss of forage on their own and assist them when we are assisting sion’’ in the ‘‘Household Goods Mover land, the loss of forage on BLM land, others so dramatically affected around Oversight Enforcement and Reform Act

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L. does not control the third party who appropriately named ‘‘Limited Service No. 109–59, 119 Stat. 1144 (2005), now the consumer engages to load and un- Exclusion.’’ The interpretation that known as ‘‘SAFETEA-LU.’’ This Lim- load the container or trailer, the car- the traditional movers advocate would ited Service Exclusion, codified at 49 rier does not authorize the third party overturn, not preserve, agency prece- U.S.C. § 13102 (12)(c), expressly states to act for and on behalf of this carrier, dent and arrive at a definition of that: and the third party does not agree to ‘‘household goods motor carrier’’ that The term [household goods motor carrier] act on behalf of the carrier, then the unlawfully contravenes the service- does not include a motor carrier when the third party is not the agent of the car- based exclusion codified in 49 U.S.C. § motor carrier provides transportation of rier. Facilitating the consumer to con- 13102(12)(c). household goods in containers or trailers tract with a third party that provides Mr. PRYOR. Along with the growth that are entirely loaded and unloaded by an loading and unloading services does not of general freight motor carriers and individual (other than an employee or agent create an agency relationship as we in- container-supply companies catering of the motor carrier). tended that term in the Limited Serv- to the needs of do-it-yourself con- I sponsored this provision and ice Exclusion. Moreover, on a related sumers, we have seen some of these worked with others in Congress to in- issue, the Limited Service Exclusion same companies become regulated corporate this Limited Service Exclu- should remain intact even if the carrier property brokers and step forward in sion into law and want to be clear of receives compensation for facilitating this capacity to assist these con- the intent of the law. The ‘‘Limited the consumer to contract with packing sumers. For a negotiated fee, they offer Service Exclusion’’ was intended for and loading providers, provided that to arrange with portable container the non-household goods motor carrier the carrier does not have an agency re- companies and general freight carriers that drops off empty containers or lationship with the packing and load- to place the containers and trailers for trailers, which are loaded by the con- ing providers. loading and to have them transported sumer or a third party, and then deliv- Mr. RUBIO. Mr. President, as Sen- to their destinations when loaded. To ered or stored by the container com- ator PRYOR points out, the clear intent counteract this middleman-service, the pany or freight carrier. The exclusion’s of Congress in adopting the Limited full-service traditional moving compa- intent was to keep portable container Service Exclusion section of nies are now urging the FMCSA to re- supply companies and general freight SAFETEA-LU was to ensure cost-con- quire do it yourself consumers desiring carriers from the regulations required scious, budget-driven consumers will broker assistance to engage only bro- for household good movers. continue to have the option to choose kers registered with and regulated by The written guidance that has been low-cost moving services for their the FMCSA as ‘‘household goods bro- requested by the full-service moving goods. Although I was not a member of kers’’ to make these arrangements on companies are pushing would ignore Congress when SAFETEA-LU was their behalf and to require them to use the Limited Service Exclusion’s intent passed, you can plainly see that Con- only registered, full-service ‘‘household by blocking portable container supply gress made it clear in another section goods motor carriers’’ to perform the companies and general freight carriers of SAFETEA-LU that it was codifying underlying transportation. from relying on this statutory exclu- and preserving decades of law devel- Their principal argument relies upon sion to work together and with the do oped and perpetuated at the FMCSA, a false negative inference they want it yourself consumer to move the con- its predecessor the Interstate Com- the FMCSA to draw from the absence sumer’s belongings to his new home. merce Commission, and the courts that of a similar ‘‘Limited Service Exclu- That requested interpretation would authorize general commodity motor sion’’ from the ‘‘household goods reverse decades of legal precedent and carriers lacking household goods au- broker’’ definition for brokers that ar- rule that if the container supplier or thority to transport household goods as range household goods moves for do-it- general freight carrier refers the con- long as they do not perform specialized yourself consumers. This effort at sumer to a third party who provides household goods related services such changing the meaning of the statute the labor to load or unload the con- as loading and unloading. Here is what further obstructs the intent behind the tainers and trailers, and the consumer Congress added to SAFETEA-LU, now Household Goods Mover Oversight En- elects to use those services, this third codified at 49 U.S.C. § 13102(12)(B): forcement and Reform Act of 2005. We party automatically becomes the want the consumers to have access to ‘‘agent’’ of that container company or The term [‘‘household goods motor car- rier’’] includes any person that is considered low-cost transportation services as an trucking company. This attempted to be a household goods motor carrier under alternative to the traditional full-serv- change of the statute with its anti- regulations, determinations, and decisions of ice moving companies when motor car- competitive effects is exactly the oppo- the Federal Motor Carrier Safety Adminis- riers, lacking specific household goods site of what I and my colleagues in the tration that are in effect on the date of en- authority and not providing specialized Senate and the House who voted for actment of the Household Goods Mover Over- household goods related services, per- SAFETEA-LU intended. sight Enforcement and Reform Act of 2005. form the underlying transportation in The traditional moving companies The definition of ‘‘household goods reliance upon the Limited Service Ex- urge the FMCSA to adopt a definition motor carrier’’ that Congress sought to clusion codified at 49 U.S.C. of ‘‘agent’’—as such term is used in the preserve and perpetuate focuses on the §13102(12)(c). No broker-specific Lim- Limited Service Exclusion. This would nature of the services performed, not ited Service Exclusion is required: if result in greater costs to consumers on the commodity itself. If the motor the underlying motor carrier service and will prevent container and general carrier provides specialized household does not provide packing and loading freight carriers from using the Limited goods related services—packing, load- services, then the motor carrier need Service Exclusion as Congress in- ing, unloading, etc.—for the consumer, not hold household goods authority tended. The FMCSA already has em- the carrier must be deemed a ‘‘house- from the FMCSA. In turn, the broker bedded in its regulations the ideal basis hold goods motor carrier’’ with respect engaged by the consumer to arrange for arriving at a definition of ‘‘agent’’ to the goods it transports under a long the transportation (without any pack- that is consistent with our intent. The line of court, FMCSA and ICC decisions ing and loading services) likewise need FMCSA’s own regulation, 49 CFR § and implementing regulations. Con- not hold household goods broker au- 375.103, requires it to apply the ‘‘ordi- versely, if the carrier (or its agent) thority and need not use a household nary practical meaning’’ to the term does not perform those specialized goods motor carrier. Accordingly, a ‘‘agent.’’ The ‘‘ordinary practical services in conjunction with those motor carrier authorized to haul prop- meaning’’ of the term agent is well set- household goods, it may transport erty (excluding household goods) can tled as a matter of black letter law and them without being registered and reg- perform the move. there is no cause for a federal agency ulated as a ‘‘household goods carrier.’’ Mr. RUBIO. Mr. President, as Sen- to attempt to further interpret such a This emphasis on the nature of the car- ator PRYOR has articulated, the well-established term. Simply put, the rier services performed and not the na- FMCSA should not suppress competi- definition compels a finding that: as ture of the commodity itself is also at tion in the moving industry, and my long as the container or freight carrier the very heart of and reflected in the fear is that this would happen if the

VerDate Mar 15 2010 06:26 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.049 S19DEPT1 jbell on DSK7SPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — SENATE S8199 agency eliminates an important mov- education benefits, and other impor- grams. And in 2007 and again in 2008, he ing option for do-it-yourself con- tant programs has made a significant introduced the Patient Safety and sumers. This would economically hurt and lasting impact on the lives of vet- Abuse Protection Act, which allowed the principal users of portable storage erans and their families. employers to perform background companies, namely the middle class, When people describe DANIEL AKAKA, checks on nursing home employees to military, students and other price con- one of the first words used to describe help prevent elder abuse. When this scious consumers. For these reasons him is ‘‘humble.’’ He is indeed that. He legislation was included in the Afford- and the others mentioned by my col- has been a dedicated and principled able Care Act in 2009, it was a major league, it is my sincere hope that the servant of the people of Hawaii and our step forward for patient safety. FMCSA preserves the rights of con- Nation, an unfailing ally of our vet- I will miss working with HERB KOHL sumers, as intended by Congress, to erans and their families, and a valued on these and many other issues. I will ready and unfettered access to lower colleague and friend. I will miss him, miss the opportunity to give him a cost options with respect to moving and I will always remember how he hard time whenever our Detroit Pis- their household goods. taught us that gentleness and effec- tons beat his Milwaukee Bucks. I hope f tiveness are not mutually exclusive we can continue the important work he characteristics. has helped move forward: protecting TRIBUTES TO DEPARTING HERB KOHL good jobs, our Great Lakes, our stu- SENATORS Mr. President, in his four terms rep- dents, and our seniors. DAN AKAKA resenting the State of Wisconsin in f Mr. LEVIN. Mr. President, for the this body, Senator HERB KOHL’s focus DANIEL K. INOUYE last 22 years, DANIEL AKAKA has rep- has been precisely where it should be: resented the people of Hawaii in this the welfare of the people of his State Mr. WHITEHOUSE. Mr. President, body. They have been the better for his and of our Nation. Whether in sup- today the State of Hawai‘i, the Senate, service, and I have greatly appreciated porting American manufacturers and and the United States mourn the loss the wisdom, humility, and passion with the jobs they provide, in fighting for of Senator Daniel Inouye. which he has served here. protection from crime and for adequate Observers of the Senate today know One issue on which we have been able nutrition for our children, in pro- Chairman Inouye as a poised, soft-spo- to work closely as fellow members of tecting senior citizens from elder ken statesman: courteous and colle- the Homeland Security and Govern- abuse, or in preserving the Great Lakes giate; shunning of the spotlight; above mental Affairs Committee is oversight that our two States share, Senator the petty churn of the partisan fray. of the Federal workforce, a key issue KOHL has accomplished much on behalf But historians will remember him as a for his State and for taxpayers every- of American families. great patriot, a fierce warrior, a brave where. Senator AKAKA’s passion for I have been fortunate to work closely pioneer, and a great leader. Federal workforce issues comes from with Senator KOHL on issues of vital Chairman Inouye’s unflinching com- his passion for public service and for ef- importance to our States. He has long mitment to his country withstood both fective government. Just in this Con- been a strong supporter of the Manu- the moral threat of having his family gress, I was an original cosponsor of his facturing Extension Partnership, which deemed ‘‘enemy aliens’’ and the direct Federal Whistleblower Protection Act, helps U.S. manufacturers with tech- physical threat of Nazi firepower. His to strengthen the law protecting Fed- nical support and services that make famed ‘‘Go For Broke’’ 442nd Regi- eral employees who bring to light them more efficient and competitive in mental Combat Team was made up of fraud, waste, and abuse in Federal pro- the global marketplace. His support for Japanese-American volunteers, but grams. That Akaka bill is expected to adequate MEP funding has made a sig- even among this exceptionally deco- be signed into law before the end of the nificant difference for American com- rated group of men, Second Lieutenant year. Also this Congress, I was proud to panies and workers. Inouye exemplified exceptional bravery cosponsor his Hatch Act Modernization Now, we in Michigan bow to no one and sacrifice in what Winston Church- Act to allow hard-working employees in our love for the Great Lakes, but ill described as the war ‘‘to confront of State and local governments, who even I would admit that Wisconsin, not only military but moral aggres- are covered by the Hatch Act, to serve second only to Michigan in its length sion.’’ as elected officials in their commu- of Great Lakes coastline, is a close The fight to see the American values nities. competitor. As a member of the Great of freedom, justice, and equality ful- In addition to his focus on Federal Lakes Task Force, which I cochair, he filled would continue beyond the war workforce issues, Senator AKAKA has has supported cleanup of toxic hot years and throughout Chairman long been a valued member of the spots, the fight against invasive spe- Inouye’s lifetime of service to his home Armed Services Committee. We have cies, protecting Great Lakes water state and his country. The new State of worked together on legislation to re- quality, and sufficient funding for the Hawai‘i sent him to Washington as form Defense Department business and Great Lakes Restoration Initiative. part of its very first delegation. The financial management systems; We have also shared an interest in first Japanese American elected to strengthen oversight and account- consumer protection. Senator KOHL Congress, he has been a champion of ability of wartime contracting; and chairs the Judiciary Committee’s Sub- civil rights for women, Asian Ameri- strengthen the Defense Department’s committee on Antitrust, Competition cans, Native Hawaiians, and African management of the substantial funds it Policy and Consumer Rights, and from Americans. Indeed, Chairman Inouye spends to acquire property and serv- that platform, he has battled those was the last surviving member of the ices. who would prey on American con- Senate to have voted for the Civil Senator AKAKA joined in 2002 with sumers, whether they are abusive cred- Rights Act of 1964. He also ferreted out Senator INHOFE to form the Senate it card companies or oil-exporting car- corruption at the highest level of gov- Army Caucus, and through this bipar- tel nations. ernment, serving on the Senate’s select tisan group they have focused welcome But where Senator KOHL has left committee on the Watergate scandal, attention on the programs and needs of what may be his most lasting impres- and chairing the investigation of the our Army. Senator AKAKA, himself an sion is in his hard work on behalf of Iran-Contra arms affair. Army veteran, has been an important our Nation’s most vulnerable citizens: But Dan Inouye was first and fore- source of insight into the challenges children and seniors. He has long advo- most a servant of the people of Hawai‘i. facing our soldiers and their families. cated solutions to help make college Ever grateful for the faith they en- Of course, as the former chairman of more affordable. He has helped expand trusted in him year after year, he the Veterans’ Affairs Committee, Sen- the availability of nutritious break- worked to make sure they had every ator AKAKA has long demonstrated an fasts for school-age children and pro- opportunity to achieve the full poten- intense dedication to those who have grams to help parents afford food on tial of the American Dream. I was hon- helped defend our Nation. His steadfast the table for their families. He has ored that he joined me as an original advocacy for veterans health programs, worked to strengthen afterschool pro- member of the Senate Oceans Caucus,

VerDate Mar 15 2010 07:00 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G19DE6.049 S19DEPT1 jbell on DSK7SPTVN1PROD with S8200 CONGRESSIONAL RECORD — SENATE December 19, 2012 and as a cosponsor of my bill to estab- Mike knows the ecological impor- Mike’s knowledge of the environ- lish a National Endowment for the tance of the Chesapeake Bay and the mental issues of the day does not just Oceans to protect the environment and impediments harming the bay’s ecol- stem from his professional experience, economies that are so vital to both his ogy because he has seen it all and expe- but also from his personal interest as home State and my own. rienced it firsthand. From Poplar Neck an avid naturalist, bird watcher, As his colleague and compatriot Sen- to Elk Neck, from Catoctin Mountain kayaker, and overall lover of the out- ator DANIEL AKAKA said on the Senate to Calvert Cliffs, from the Nanticoke doors. Mike is most at home among the floor in those first hours after we re- to the Pocomoke, from Rocky Gorge to natural spaces he treasures, either on ceived the terrible news of Chairman Sandy Point, Mike has experienced the the water in a sea kayak or walking Inouye’s passing, ‘‘He fulfilled his natural wonder of our great State. It is along a nature trail. For several years, dream of creating a better Hawai‘i.’’ his deep appreciation for the impor- Mike has shared that passion with the His wife Irene, his son Ken, his daugh- tance of protecting our State’s natural community by writing a column fea- ter-in-law Jessica, his stepdaughter resources that has made him such a turing different species of Mid-Atlantic Jennifer, and his granddaughter valuable member of my staff. native and migratory birds in the Maggie can all be proud of that legacy. In addition to his critical environ- ‘‘Chesapeake Bay Journal.’’ As with ev- My thoughts are with them in this, mental work, Mike led my team in erything he does, Mike’s columns al- their time of loss. charge of instate projects. The key in- ways manage to include some of the As the old hymn tells us: stitutions of Maryland’s public life our quiet wisdom that is uniquely his. In a Now the laborer’s task is o’er; universities, our hospitals, our local column about the common song spar- Now the battle day is past; governments, and community organi- row, a local bird that is often over- Now upon the farther shore zations have benefitted from Mike’s ex- looked in favor of those with brighter Lands the voyager at last. pertise in navigating the legislative colors and flashier songs, Mike urges Aloha, Dan Inouye. process and his commitment to fight- his readers to look beyond the bird’s f ing on behalf of the people of Mary- plain exterior to appreciate its unique land. contribution to the natural commu- ADDITIONAL STATEMENTS Mike’s substantive knowledge and nity. His words manage to capture political acumen extend well beyond something about his own steady, unas- the bay and Maryland. His policy ex- suming service to those around him. TRIBUTE TO MIKE BURKE pertise led Senator BARBARA BOXER, Mike writes, ‘‘We lead quiet lives until ∑ Mr. CARDIN. Mr. President, today I the chairman of the Environment and some rare person decides to listen with wish to thank and to honor an invalu- Public Works Committee, to ask me if abiding patience, waiting for us to fi- able member of my Senate team, Mi- I would ‘‘lend’’ Mike to her committee nally step out from behind protective chael Burke. As my Maryland projects during the committee’s arduous work cover and softly announce our pres- director, Mike has been the key liaison on both the 2010 climate bill and the ence. And then anonymity gives way to between the Federal legislative process 2012 Transportation bill. While his full- the individuality that has been there and the critical institutions of my time service to my office was missed all along.’’ For me, for my team, Mike home State of Maryland. As my top en- during those periods, I was pleased to has always been both the quiet pres- vironmental adviser, Mike has been see how much my colleague from Cali- ence and the patient listener, working vital to each of my environmental pri- fornia valued Mike’s input and skill, with steady determination for the peo- orities, from climate change to the and I was happy to see him brought in ple of Maryland. As he looks forward to Chesapeake Bay. Mike is a substantive to help the chairman with these impor- a retirement filled with relaxation and expert, a keen strategist, a wise coun- tant committee initiatives. the outdoor recreation that he loves, I selor, and an attentive mentor and In addition to his wealth of knowl- am humbly grateful for his service. He friend to my entire team. He is a dili- edge and strategic skill, Mike will be will be missed.∑ gent public servant who leads quietly, missed most of all for the warmth, in- f by example, with the strength of his tegrity, and generosity of spirit that he knowledge and skill. As he retires after brings to every encounter. When he MESSAGES FROM THE HOUSE an exemplary career of service, I am first joined my office, he would occa- At 9:46 a.m., a message from the pleased to pay public tribute to this re- sionally send Maryland trivia ques- House of Representatives, delivered by markable man. tions around to the staff. His enthu- Mr. Novotny, one of its reading clerks, Mike has devoted much of his career siasm helped to broaden my team’s— announced that the House has passed to protecting the natural splendor of and even my own—knowledge of the the following bill, without amendment: Maryland and the Mid-Atlantic, par- great State of Maryland, and endeared S. 285. An act for the relief of Sopuruchi ticularly our iconic Chesapeake Bay. him to everyone in the office. No mat- Chukwueke. Before joining my team, Mike was as- ter how tough the circumstance and The message also announced that the sociate director of the Environmental here in the Senate, we often face tough House has passed the following bills, in Protection Agency’s Chesapeake Bay days—Mike is quick to declare with a which it requests the concurrence of program. There, he dedicated himself smile that he has ‘‘never had a bad the Senate: to implementing solutions for the bay, day.’’ He has committed himself to H.R. 6014. An act to authorize the Attorney which is the world’s largest estuary, mentorship, voluntarily and enthu- General to award grants for States to imple- one of the most important water bodies siastically spending hours working ment DNA arrestee collection processes. in the Nation, and a natural resource with more junior colleagues, guiding H.R. 6671. An act to amend section 2710 of that all Marylanders treasure. Shortly title 18, United States Code, to clarify that a and advising them with a selflessness video tape service provider may obtain a after I was sworn into the Senate, Mike that is remarkable for being all too consumer’s informed, written consent on an joined my office as an EPA fellow. He rare. ongoing basis and that consent may be ob- demonstrated an incredible knowledge During the years, I am proud to say tained through the Internet. and understanding of the wide range of that I have come to value Mike not issues affecting Maryland, and I knew I just as a staff member, but as a friend. At 12:27 p.m., a message from the needed to hire him as a permanent He and his wife Pat have become favor- House of Representatives, delivered by member of my staff. He brought his ites within the Cardin team, and I am Mrs. Cole, one of its reading clerks, an- passion for the environment to his pleased to have this opportunity to ac- nounced that the House has passed the work in the Senate, skillfully leading knowledge Pat publicly as well. Her following bills, without amendment: efforts on environmental issues from strong commitment to Maryland is evi- S. 3642. An act to clarify the scope of the Chesapeake Bay health to clean air, dent not only in her own work in chil- Economic Espionage Act of 1996. S. 3687. An act to amend the Federal Water and from climate change to wildlife dren’s health care, but in her support Pollution Control Act to reauthorize the conservation. I will continue to fight of Mike’s efforts here in these Halls, Lake Pontchartrain Basin Restoration Pro- hard for the issues and programs that and I thank her for her contribution to gram, to designate certain Federal buildings, Mike helped initiate. the people of Maryland. and for other purposes.

VerDate Mar 15 2010 06:26 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.043 S19DEPT1 jbell on DSK7SPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — SENATE S8201 The message also announced that the At 6:33 p.m., a message from the (FRL No. 9372–1) received in the Office of the House passed the following bills and House of Representatives, delivered by President of the Senate on December 12, 2012; joint resolution, in which it requests Mr. Novotny, one of its reading clerks, to the Committee on Agriculture, Nutrition, and Forestry. the concurrence of the Senate: announced that the House has passed EC–8587. A communication from the Direc- H.R. 6504. An act to amend the Small Busi- the following bill, in which it requests tor of the Regulatory Management Division, ness Investment Act of 1958 to provide for in- the concurrence of the Senate: Environmental Protection Agency, transmit- creased limitations on leverage for multiple H.R. 6655. An act to establish a commission ting, pursuant to law, the report of a rule en- licenses under common control, and for to develop a national strategy and rec- titled ‘‘Flubendiamide; Pesticide Toler- other purposes. ommendations for reducing fatalities result- ances’’ (FRL No. 9373–3) received in the Of- H.R. 6621. An act to correct and improve ing from child abuse and neglect. fice of the President of the Senate on Decem- certain provisions of the Leahy-Smith Amer- ber 12, 2012; to the Committee on Agri- ica Invests Act and title 35, United States f culture, Nutrition, and Forestry. Code. EC–8588. A communication from the Direc- H.J. Res. 122. Joint resolution establishing MEASURES REFERRED tor of the Regulatory Management Division, the date for the counting of the electoral The following bill was read the first Environmental Protection Agency, transmit- votes for President and Vice President cast and the second times by unanimous ting, pursuant to law, the report of a rule en- by the electors in December 2012. titled ‘‘Pyriproxyfen; Pesticide Tolerances’’ consent, and referred as indicated: (FRL No. 9365–6) received in the Office of the The message further announced that H.R. 6655. An act to establish a commission President of the Senate on December 12, 2012; the House agrees to the amendment of to develop a national strategy and rec- to the Committee on Agriculture, Nutrition, the Senate to the bill (H.R. 3783) to ommendations for reducing fatalities result- and Forestry. provide for a comprehensive strategy ing from child abuse and neglect; to the EC–8589. A communication from the Direc- to counter Iran’s growing hostile pres- Committee on Health, Education, Labor, and tor of the Regulatory Management Division, ence and activity in the Western Hemi- Pensions. Environmental Protection Agency, transmit- ting, pursuant to law, the report of a rule en- sphere, and for other purposes. f titled ‘‘Picoxystrobin; Pesticide Tolerances’’ ENROLLED BILLS SIGNED ENROLLED BILL PRESENTED (FRL No. 9370–8) received in the Office of the At 2:52 p.m., a message from the President of the Senate on December 12, 2012; House of Representatives, delivered by The Secretary of the Senate reported to the Committee on Agriculture, Nutrition, Mr. Novotny, one of its reading clerks, that on today, December 19, 2012, she and Forestry. announced that the Speaker has signed had presented to the President of the EC–8590. A communication from the Direc- United States the following enrolled tor of the Regulatory Management Division, the following enrolled bills: Environmental Protection Agency, transmit- S. 285. An act for the relief of Sopuruchi bill: ting, pursuant to law, the report of a rule en- Chukwueke S. 3193. An act to make technical correc- titled ‘‘Dodine; Pesticide Tolerances’’ (FRL H.R. 3783. An act to provide for a com- tions to the legal description of certain land No. 9364–7) received in the Office of the Presi- prehensive strategy to counter Iran’s grow- to be held in trust for the Barona Band of dent of the Senate on December 12, 2012; to ing hostile presence and activity in the Mission Indians, and for other purposes. the Committee on Agriculture, Nutrition, Western Hemisphere, and for other Purposes. and Forestry. f The enrolled bills were subsequently EC–8591. A communication from the Direc- EXECUTIVE AND OTHER tor of the Regulatory Management Division, signed by the President pro tempore Environmental Protection Agency, transmit- (Mr. LEAHY). COMMUNICATIONS ting, pursuant to law, the report of a rule en- The following communications were titled ‘‘Clodinafop-propargyl; Pesticide Tol- At 2:09 p.m., a message from the laid before the Senate, together with erance’’ (FRL No. 9371–6) received in the Of- House of Representatives, delivered by accompanying papers, reports, and doc- fice of the President of the Senate on Decem- ber 12, 2012; to the Committee on Agri- Mrs. Cole, one of its reading clerks, an- uments, and were referred as indicated: nounced that the House agreed to the culture, Nutrition, and Forestry. following concurrent resolutions, with- EC–8583. A communication from the Direc- EC–8592. A communication from the Acting tor of Program Development and Regulatory Principal Deputy Assistant Secretary of De- out amendment: Analysis, Rural Utilities Service, Depart- fense (Personnel and Readiness), transmit- S. Con. Res. 63. Concurrent resolution cor- ment of Agriculture, transmitting, pursuant ting a report on the approved retirement of recting the enrollment of S. 2367. to law, the report of a rule entitled ‘‘Expan- Lieutenant General Purl K. Keen, United S. Con. Res. 64. Concurrent resolution au- sion of 911 Access Loans and Loan Guaran- States Army, and his advancement to the thorizing the use of the rotunda of the Cap- tees’’ (RIN0572–AC24) received in the Office of grade of lieutenant general on the retired itol for the lying in state of the remains of the President of the Senate on December 10, list; to the Committee on Armed Services. the late Honorable Daniel K. Inouye. 2012; to the Committee on Agriculture, Nu- EC–8593. A communication from the Under The message also announced that the trition, and Forestry. Secretary of Defense (Acquisition, Tech- Clerk of the House be directed to re- EC–8584. A communication from the Man- nology and Logistics), transmitting, pursu- ager of the BioPreferred Program, Office of ant to law, the Fiscal Year 2010 Report on turn to the Senate the bill (S. 2367) to the Department of Defense (DoD) Operation strike the word ‘‘lunatic’’ from Federal Procurement and Property Management, De- partment of Agriculture, transmitting, pur- and Financial Support for Military Muse- law, and for other purposes, in compli- suant to law, the report of a rule entitled ums; to the Committee on Armed Services. EC–8594. A communication from the Asso- ance with a request of the Senate for ‘‘Designation of Product Categories for Fed- ciate General Counsel for Legislation and the return thereof. eral Procurement, Round 9’’ (RIN0599–AA15) Regulations, Office of Public and Indian received in the Office of the President of the At 3:40 p.m., a message from the Housing, Department of Housing and Urban Senate on December 11, 2012; to the Com- House of Representatives, delivered by Development, transmitting, pursuant to law, Mr. Novotny, one of its reading clerks, mittee on Agriculture, Nutrition, and For- the report of a rule entitled ‘‘Native Amer- estry. announced that the house passed the ican Housing Assistance and Self-Determina- EC–8585. A communication from the Direc- tion Reauthorization Act of 2008: Amend- following bill, in which it requests the tor of the Regulatory Management Division, concurrence of the Senate: ments to Program Regulations’’ (RIN2577– Environmental Protection Agency, transmit- AC80) received in the Office of the President H.R. 6672. An act to reauthorize certain ting, pursuant to law, the report of a rule en- of the Senate on December 12, 2012; to the programs under the Public Health Service titled ‘‘Bacillus subtilis Strain QST 713 Vari- Committee on Banking, Housing, and Urban Act and the Federal Food, Drug, and Cos- ant Soil; Amendment to an Exemption from Affairs. metic Act with respect to public health secu- the Requirement of a Tolerance for Bacillus EC–8595. A communication from the Chief rity and all-hazards preparedness and re- subtilis Strain QST 713 to Include Residues Counsel, Federal Emergency Management sponse, and for other purposes. of Bacillus subtilis Strain QST 713 Variant Agency, Department of Homeland Security, The message further announced that Soil’’ (FRL No. 9369–3) received in the Office transmitting, pursuant to law, the report of the House passed the following bill of the President of the Senate on December a rule entitled ‘‘Final Flood Elevation Deter- 12, 2012; to the Committee on Agriculture, with amendments, in which it requests minations’’ ((44 CFR Part 67) (Docket No. Nutrition, and Forestry. FEMA–2012–0003)) received in the Office of the concurrence of the Senate: EC–8586. A communication from the Direc- the President of the Senate on December 12, S. 1440. An act to reduce preterm labor and tor of the Regulatory Management Division, 2012; to the Committee on Banking, Housing, delivery and the risk of pregnancy-related Environmental Protection Agency, transmit- and Urban Affairs. deaths and complications due to pregnancy, ting, pursuant to law, the report of a rule en- EC–8596. A communication from the Direc- and to reduce infant mortality caused by titled ‘‘Extension of Tolerances for Emer- tor, Office of Sustainable Fisheries, Depart- prematurity. gency Exemptions (Multiple Chemicals)’’ ment of Commerce, transmitting, pursuant

VerDate Mar 15 2010 07:00 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.008 S19DEPT1 jbell on DSK7SPTVN1PROD with S8202 CONGRESSIONAL RECORD — SENATE December 19, 2012 to law, the report of a rule entitled ‘‘Ground- EC–8605. A communication from the Direc- tions Consistency Update for California’’ fish Fisheries of the Exclusive Economic tor of the Regulatory Management Division, (FRL No. 9750–6) received in the Office of the Zone Off Alaska and Pacific Halibut Fish- Environmental Protection Agency, transmit- President of the Senate on December 12, 2012; eries; Observer Program’’ (RIN0648–BB42) re- ting, pursuant to law, the report of a rule en- to the Committee on Environment and Pub- ceived in the Office of the President of the titled ‘‘Supplemental Determination for Re- lic Works. Senate on December 12, 2012; to the Com- newable Fuels Produced Under the Final EC–8613. A communication from the Direc- mittee on Commerce, Science, and Transpor- RFS2 Program From Grain Sorghum’’ (FRL tor of the Regulatory Management Division, tation. No. 9760–2) received in the Office of the Presi- Environmental Protection Agency, transmit- EC–8597. A communication from the Direc- dent of the Senate on December 12, 2012; to ting, pursuant to law, the report of a rule en- tor, Office of Sustainable Fisheries, Depart- the Committee on Environment and Public titled ‘‘Approval of Air Quality Implementa- ment of Commerce, transmitting, pursuant Works. tion Plans; California; Eastern Kern, Impe- to law, the report of a rule entitled ‘‘Fish- EC–8606. A communication from the Direc- rial, Placer, and Yolo-Solano; Prevention of eries of the Caribbean, Gulf of Mexico, and tor of the Regulatory Management Division, Significant Deterioration’’ (FRL No. 9739–5) South Atlantic; Reef Fish Fishery of the Environmental Protection Agency, transmit- received in the Office of the President of the Gulf of Mexico; Gray Triggerfish Manage- ting, pursuant to law, the report of a rule en- Senate on December 12, 2012; to the Com- ment Measures’’ (RIN0648–BB90) received in titled ‘‘Approval and Promulgation of Air mittee on Environment and Public Works. the Office of the President of the Senate on Quality Implementation Plans; Indiana; EC–8614. A communication from the Direc- December 12, 2012; to the Committee on Com- South Bend/Elkhart, Indiana Ozone Mainte- tor of the Regulatory Management Division, merce, Science, and Transportation. nance Plan Revision to Approved Motor Ve- Environmental Protection Agency, transmit- EC–8598. A communication from the Acting hicle Emissions Budgets’’ (FRL No. 9761–1) ting, pursuant to law, the report of a rule en- Deputy Director, Office of Sustainable Fish- received in the Office of the President of the titled ‘‘Approval and Promulgation of State eries, Department of Commerce, transmit- Senate on December 12, 2012; to the Com- Implementation Plans; State of Washington; ting, pursuant to law, the report of a rule en- mittee on Environment and Public Works. Regional Haze State Implementation Plan’’ titled ‘‘Fisheries of the Northeastern United EC–8607. A communication from the Direc- (FRL No. 9722–9) received in the Office of the States; Black Sea Bass Fishery; Recreational tor of the Regulatory Management Division, President of the Senate on December 12, 2012; Quota Harvested’’ (RIN0648–XC303) received Environmental Protection Agency, transmit- to the Committee on Environment and Pub- in the Office of the President of the Senate ting, pursuant to law, the report of a rule en- lic Works. on December 12, 2012; to the Committee on titled ‘‘Approval and Promulgation of Air EC–8615. A communication from the Direc- Commerce, Science, and Transportation. Quality Implementation Plans; Virginia; tor of the Regulatory Management Division, EC–8599. A communication from the Acting Fredericksburg 8-Hour Ozone Maintenance Environmental Protection Agency, transmit- General Counsel, Federal Energy Regulatory Area Revision to Approved Motor Vehicle ting, pursuant to law, the report of a rule en- Commission, transmitting, pursuant to law, Emissions Budgets’’ (FRL No. 9760–9) re- titled ‘‘Revisions to the California State Im- the report of a rule entitled ‘‘Revisions to ceived in the Office of the President of the plementation Plan, South Coast Air Quality Electric Quarterly Report Filing Process’’ Senate on December 12, 2012; to the Com- Management District’’ (FRL No. 9736–6) re- (RIN1902–AD52) received in the Office of the mittee on Environment and Public Works. ceived in the Office of the President of the President of the Senate on December 11, 2012; EC–8608. A communication from the Direc- Senate on December 12, 2012; to the Com- to the Committee on Energy and Natural Re- tor of the Regulatory Management Division, mittee on Environment and Public Works. sources. Environmental Protection Agency, transmit- EC–8616. A communication from the Direc- EC–8600. A communication from the Acting ting, pursuant to law, the report of a rule en- tor of the Regulatory Management Division, Administrator, Saint Lawrence Seaway De- titled ‘‘Approval of Air Quality Implementa- Environmental Protection Agency, transmit- velopment Corporation, Department of tion Plans; California; San Joaquin Valley; ting, pursuant to law, the report of a rule en- Transportation, transmitting, pursuant to Attainment Plan for the 1997 8-Hour Ozone titled ‘‘Approval, Disapproval and Promulga- law, the Corporation’s annual financial audit Standards; Technical Amendments’’ (FRL tion of State Implementation Plans; State of and management report for the fiscal year No. 9762–4) received in the Office of the Presi- Utah; Regional Haze Rule Requirements for ending September 30, 2012; to the Committee dent of the Senate on December 12, 2012; to Mandatory Class I Areas under 40 CFR on Environment and Public Works. the Committee on Environment and Public 51.309’’ (FRL No. 9751–6) received in the Of- EC–8601. A communication from the Chair- Works. fice of the President of the Senate on Decem- man, Nuclear Regulatory Commission, trans- EC–8609. A communication from the Direc- ber 12, 2012; to the Committee on Environ- mitting, pursuant to law, a semiannual re- tor of the Regulatory Management Division, ment and Public Works. port relative to the status of the Commis- Environmental Protection Agency, transmit- EC–8617. A communication from the Direc- sion’s licensing and regulatory duties; to the ting, pursuant to law, the report of a rule en- tor of the Regulatory Management Division, Committee on Environment and Public titled ‘‘Approval and Promulgation of Air Environmental Protection Agency, transmit- Works. Quality Implementation Plans; Pennsyl- ting, pursuant to law, the report of a rule en- EC–8602. A communication from the Direc- vania; The 2002 Base Year Emissions Inven- titled ‘‘Approval and Promulgation of Air tor of the Regulatory Management Division, tory for the Pittsburgh-Beaver Valley Non- Quality Implementation Plans; New York, Environmental Protection Agency, transmit- attainment Area for 1997 Fine Particulate New Jersey, and Connecticut; Determination ting, pursuant to law, the report of a rule en- Matter National Ambient Air Quality Stand- of Attainment of the 2006 Fine Particle titled ‘‘Approval of Air Quality Implementa- ard’’ (FRL No. 9760–8) received in the Office Standard’’ (FRL No. 9763–6) received in the tion Plans; California; South Coast Air Qual- of the President of the Senate on December Office of the President of the Senate on De- ity Management District; Prevention of Sig- 12, 2012; to the Committee on Environment cember 18, 2012; to the Committee on Envi- nificant Deterioration; Greenhouse Gases’’ and Public Works. ronment and Public Works. (FRL No. 9749–6) received in the Office of the EC–8610. A communication from the Direc- EC–8618. A communication from the Direc- President of the Senate on December 12, 2012; tor of the Regulatory Management Division, tor of the Regulatory Management Division, to the Committee on Environment and Pub- Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- lic Works. ting, pursuant to law, the report of a rule en- ting, pursuant to law, the report of a rule en- EC–8603. A communication from the Direc- titled ‘‘Revisions to the California State Im- titled ‘‘Significant New Use Rules on Certain tor of the Regulatory Management Division, plementation Plan, Monterey Bay Unified Chemical Substances’’ (FRL No. 9372–8) re- Environmental Protection Agency, transmit- Air Pollution Control District’’ (FRL No. ceived in the Office of the President of the ting, pursuant to law, the report of a rule en- 9750–4) received in the Office of the President Senate on December 18, 2012; to the Com- titled ‘‘Approval and Promulgation of State of the Senate on December 12, 2012; to the mittee on Environment and Public Works. Implementation Plans; State of Wyoming; Committee on Environment and Public EC–8619. A communication from the Direc- Regional Haze Rule Requirements for Man- Works. tor of the Regulatory Management Division, datory Class I Areas under 40 CFR 51.309’’ EC–8611. A communication from the Direc- Environmental Protection Agency, transmit- (FRL No. 9756–9) received in the Office of the tor of the Regulatory Management Division, ting, pursuant to law, the report of a rule en- President of the Senate on December 12, 2012; Environmental Protection Agency, transmit- titled ‘‘Significant New Use Rule on Certain to the Committee on Environment and Pub- ting, pursuant to law, the report of a rule en- Chemical Substances; Withdrawal of Signifi- lic Works. titled ‘‘Revisions to Stormwater Regulations cant New Use Rules’’ (FRL No. 9373–8) re- EC–8604. A communication from the Direc- to Clarify that an NPDES Permit is not Re- ceived in the Office of the President of the tor of the Regulatory Management Division, quired for Stormwater Discharges from Log- Senate on December 18, 2012; to the Com- Environmental Protection Agency, transmit- ging Roads’’ (FRL No. 9758–9) received in the mittee on Environment and Public Works. ting, pursuant to law, the report of a rule en- Office of the President of the Senate on De- EC–8620. A communication from the Direc- titled ‘‘Protection of Stratospheric Ozone; cember 12, 2012; to the Committee on Envi- tor of the Regulatory Management Division, Listing of Substitutes for Ozone Depleting ronment and Public Works. Environmental Protection Agency, transmit- Substances—Fire Suppression and Explosion EC–8612. A communication from the Direc- ting, pursuant to law, the report of a rule en- Protection’’ (FRL No. 9757–5) received in the tor of the Regulatory Management Division, titled ‘‘Approval and Promulgation of Air Office of the President of the Senate on De- Environmental Protection Agency, transmit- Quality Implementation Plans; Illinois; In- cember 12, 2012; to the Committee on Envi- ting, pursuant to law, the report of a rule en- frastructure SIP Requirements for the 2006 ronment and Public Works. titled ‘‘Outer Continental Shelf Air Regula- PM2.5 NAAQS; Revisions to FIPs To Reduce

VerDate Mar 15 2010 06:26 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.012 S19DEPT1 jbell on DSK7SPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — SENATE S8203 Interstate Transport of PM2.5 and Ozone; By Mr. TOOMEY: By Mr. WARNER (for himself, Mr. Correction’’ (FRL No. 9763–3) received in the S. 3690. A bill to require the Government WEBB, and Mr. MCCAIN): Office of the President of the Senate on De- Accountability Office to include in its an- S. Con. Res. 65. A concurrent resolution cember 18, 2012; to the Committee on Envi- nual report to Congress a list of the most congratulating the Navy and the current and ronment and Public Works. common grounds for sustaining protests re- former officers and crew of the U.S.S. Enter- EC–8621. A communication from the Direc- lating to bids for contracts; to the Com- prise (CVN 65) on completion of the 25th and tor of the Regulatory Management Division, mittee on Homeland Security and Govern- final deployment of the vessel; to the Com- Environmental Protection Agency, transmit- mental Affairs. mittee on Armed Services. ting, pursuant to law, the report of a rule en- By Mr. KERRY (for himself, Mrs. f titled ‘‘Approval and Promulgation of Air GILLIBRAND, and Mr. LAUTENBERG): Quality Implementation Plans; Virginia; S. 3691. A bill to minimize the economic ADDITIONAL COSPONSORS Permits for Major Stationary Sources and and social costs resulting from losses of life, S. 32 Major Modifications Locating in Prevention property, well-being, business activity, and of Significant Deterioration Areas and Per- economic growth associated with extreme At the request of Mr. LAUTENBERG, mits for Major Stationary Sources Locating weather events by ensuring that the United the name of the Senator from Mary- in Nonattainment Areas or the Ozone Trans- States is more resilient to the impacts of ex- land (Ms. MIKULSKI) was added as a co- port Region’’ (FRL No. 9763–4) received in treme weather events in the short- and long- sponsor of S. 32, a bill to prohibit the the Office of the President of the Senate on term, and for other purposes; to the Com- transfer or possession of large capacity December 18, 2012; to the Committee on En- mittee on Commerce, Science, and Transpor- ammunition feeding devices, and for vironment and Public Works. tation. other purposes. EC–8622. A communication from the Assist- By Mrs. BOXER: S. 35 ant Secretary, Bureau of Political-Military S. 3692. A bill to amend title 32, United Affairs, Department of State, transmitting, States Code, to authorize National Guard At the request of Mr. LAUTENBERG, pursuant to law, an addendum to a certifi- support for State and local efforts to keep the name of the Senator from Mary- cation, transmittal number: DDTC 12–143, of schools safe from violence, and for other pur- land (Ms. MIKULSKI) was added as a co- the proposed sale or export of defense arti- poses; to the Committee on Armed Services. sponsor of S. 35, a bill to establish cles and/or defense services to a Middle East By Mrs. BOXER: background check procedures for gun country regarding any possible affects such a S. 3693. A bill to enhance the safety of shows. sale might have relating to Israel’s Quali- America’s schools; to the Committee on the tative Military Edge over military threats to Judiciary. S. 998 Israel; to the Committee on Foreign Rela- By Mr. MENENDEZ: At the request of Mr. AKAKA, the tions. S. 3694. A bill to amend the Robert T. Staf- name of the Senator from Pennsyl- f ford Disaster Relief and Emergency Assist- vania (Mr. CASEY) was added as a co- ance Act to enhance existing programs pro- sponsor of S. 998, a bill to amend title REPORTS OF COMMITTEES viding mitigation assistance by encouraging IV of the Employee Retirement Income The following reports of committees States to adopt and actively enforce State Security Act of 1974 to require the Pen- were submitted: building codes, and for other purposes; to the Committee on Homeland Security and Gov- sion Benefit Guaranty Corporation, in By Mr. KOHL, from the Special Committee ernmental Affairs. the case of airline pilots who are re- on Aging: By Mr. LIEBERMAN (for himself, Ms. quired by regulation to retire at age 60, Special Report entitled ‘‘Alzheimer’s Dis- AYOTTE, Mr. ALEXANDER, Mr. BLUNT, to compute the actuarial value of ease and Dementia: A Comparison of Inter- Mr. MORAN, Mr. PAUL, and Mr. monthly benefits in the form of a life national Approaches’’ (Rept. No. 112–254). RUBIO): annuity commencing at age 60. By Mr. ROCKEFELLER, from the Com- S. 3695. A bill to amend section 5000A of the S. 1709 mittee on Commerce, Science, and Transpor- Internal Revenue Code of 1986 to provide an tation: additional religious exemption from the indi- At the request of Mr. CASEY, the Report to accompany S. 1980, a bill to pre- vidual health coverage mandate; to the Com- name of the Senator from New York vent, deter, and eliminate illegal, unre- mittee on Finance. (Mrs. GILLIBRAND) was added as a co- ported, and unregulated fishing through port By Mr. LIEBERMAN (for himself, Mr. State measures (Rept. No. 112–255). sponsor of S. 1709, a bill to temporarily DURBIN, Mrs. MURRAY, and Mrs. Report to accompany S. 2388, a bill to reau- reduce interest rates for certain small BOXER): thorize and amend the National Oceanic and business disaster loans, and for other S. 3696. A bill to provide for the admission Atmospheric Administration Commissioned purposes. of the State of New Columbia into the Union; Officer Corps Act of 2002, and for other pur- to the Committee on Homeland Security and S. 2134 poses (Rept. No. 112–256). Governmental Affairs. At the request of Mr. BLUMENTHAL, By Mr. LIEBERMAN, from the Committee By Mr. WHITEHOUSE (for himself, Mr. on Homeland Security and Governmental Af- the name of the Senator from New Jer- KERRY, Mr. LAUTENBERG, Mr. LEAHY, fairs, with an amendment in the nature of a sey (Mr. LAUTENBERG) was added as a and Mr. MERKLEY): substitute: cosponsor of S. 2134, a bill to amend S. 3697. A bill to amend the Toxic Sub- S. 1910. A bill to provide benefits to domes- title 10, United States Code, to provide stances Control Act relating to certain mer- tic partners of Federal employees (Rept. No. cury compounds, products, and processes; to for certain requirements relating to 112–257). the Committee on Environment and Public the retirement, adoption, care and rec- S. 241. A bill to expand whistleblower pro- Works. ognition of military working dogs, and tections to non-Federal employees whose By Ms. COLLINS (for herself, Mr. for other purposes. disclosures involve misuse of Federal funds. LEAHY, Mr. AKAKA, and Mr. BROWN of By Mr. LIEBERMAN, from the Committee S. 3280 Massachusetts): on Homeland Security and Governmental Af- At the request of Mr. JOHANNS, the S. 3698. A bill to amend title 40, United fairs, with an amendment: States Code, to improve veterans service or- name of the Senator from Kentucky S. 1100. A bill to amend title 41, United ganizations access to Federal surplus per- (Mr. PAUL) was added as a cosponsor of States Code, to prohibit inserting politics sonal property; considered and passed. S. 3280, a bill to preserve the compan- into the Federal acquisition process by pro- ionship services exemption for min- hibiting the submission of political contribu- f tion information as a condition of receiving imum wage and overtime pay under the a Federal contract. SUBMISSION OF CONCURRENT AND Fair Labor Standards Act of 1938. By Mr. LIEBERMAN, from the Committee SENATE RESOLUTIONS S. 3518 on Homeland Security and Governmental Af- The following concurrent resolutions At the request of Mr. WYDEN, the fairs, with amendments: and Senate resolutions were read, and name of the Senator from Rhode Island S. 2234. A bill to prevent human trafficking in government contracting. referred (or acted upon), as indicated: (Mr. WHITEHOUSE) was added as a co- By Ms. LANDRIEU (for herself and Mr. sponsor of S. 3518, a bill to make it a f VITTER): principal negotiating objective of the INTRODUCTION OF BILLS AND S. Res. 625. A resolution recognizing the United States in trade negotiations to JOINT RESOLUTIONS January 12, 2013, opening of the United eliminate government fisheries sub- States Freedom Pavilion: The Boeing Center sidies, and for other purposes. The following bills and joint resolu- at the National World War II Museum in New tions were introduced, read the first Orleans, Louisiana, and supporting plans for S. 3623 and second times by unanimous con- other educational pavilions and initiatives; At the request of Mr. REED, the name sent, and referred as indicated: considered and agreed to. of the Senator from West Virginia (Mr.

VerDate Mar 15 2010 06:26 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.014 S19DEPT1 jbell on DSK7SPTVN1PROD with S8204 CONGRESSIONAL RECORD — SENATE December 19, 2012 MANCHIN) was added as a cosponsor of AMENDMENT NO. 3367 By building stronger communities, S. 3623, a bill to extend the authoriza- At the request of Mr. MERKLEY, the we can reduce the serious economic tions of appropriations for certain na- names of the Senator from Minnesota and human costs of extreme weather tional heritage areas, and for other (Mr. FRANKEN), the Senator from South over the short and long term. For purposes. Dakota (Mr. JOHNSON) and the Senator every $1 spent now on disaster pre- S. 3635 from New Mexico (Mr. UDALL) were paredness and resilience-building, we At the request of Mr. COONS, the added as cosponsors of amendment No. could avoid at least $4 in future losses. name of the Senator from Connecticut 3367 proposed to H.R. 1, a bill making We need to make our Nation stronger (Mr. BLUMENTHAL) was added as a co- appropriations for the Department of and more resilient against extreme sponsor of S. 3635, a bill to provide in- Defense and the other departments and weather or face an increasingly more centives for States to invest in prac- agencies of the Government for the fis- expensive and deadly future. tices and technology that are designed cal year ending September 30, 2011, and The STRONG Act of 2012 will use ex- to expedite voting at the polls and to for other purposes. isting Federal resources to help reduce simplify voter registration. AMENDMENT NO. 3381 future losses of life, property, and well- being. It will also help limit declines in S. CON. RES. 62 At the request of Mr. CONRAD, the regional economic growth due to disas- At the request of Mr. BLUMENTHAL, name of the Senator from North Da- the name of the Senator from Nevada kota (Mr. HOEVEN) was added as a co- ters. Specifically, it directs the Federal Government to create a more com- (Mr. HELLER) was added as a cosponsor sponsor of amendment No. 3381 in- prehensive approach to planning for of S. Con. Res. 62, a concurrent resolu- tended to be proposed to H.R. 1, a bill and supporting resiliency efforts due to tion expressing the sense of the Con- making appropriations for the Depart- extreme weather. The bill directs the gress that our current tax incentives ment of Defense and the other depart- White House Office of Science and for retirement savings provide impor- ments and agencies of the Government Technology Policy to chair a high-level tant benefits to Americans to help plan for the fiscal year ending September 30, interagency working group to assess for a financially secure retirement. 2011, and for other purposes. Federal agencies’ activities related to f S. RES. 613 extreme weather resilience across key At the request of Mr. LIEBERMAN, the STATEMENTS ON INTRODUCED sectors, such as agriculture, water names of the Senator from Alabama BILLS AND JOINT RESOLUTIONS management, infrastructure, public (Mr. SESSIONS), the Senator from Ne- By Mr. KERRY (for himself, Mrs. health, and national security. It devel- vada (Mr. HELLER), the Senator from GILLIBRAND and Mr. LAUTEN- ops a plan to better support State, Michigan (Mr. LEVIN), the Senator BERG): local, and private and public sector re- from Rhode Island (Mr. REED) and the S. 3691. A bill to minimize the eco- siliency efforts in the short and long- Senator from Alaska (Ms. MURKOWSKI) nomic and social costs resulting from term, including establishing a public were added as cosponsors of S. Res. 613, losses of life, property, well-being, clearinghouse of information. The bill a resolution urging the governments of business activity, and economic growth emphasizes State, local, and private Europe and the European Union to des- associated with extreme weather sector involvement; a Federal advisory ignate Hizballah as a terrorist organi- events by ensuring that the United group composed of private and public zation and impose sanctions, and urg- States is more resilient to the impacts representatives will play a key consult- ing the President to provide informa- of extreme weather events in the short- ative role throughout the process, as tion about Hizballah to the European and long-term, and for other purposes; will an advisory group composed of allies of the United States and to sup- to the Committee on Commerce, State, local, and tribal representatives. port to the Government of Bulgaria in Science, and Transportation. It also complements and builds upon investigating the July 18, 2012, ter- Mr. KERRY. Mr. President, today I recent activities by my colleagues and rorist attack in Burgas. am introducing the STRONG Act of the White House in the Federal re- At the request of Mr. GRASSLEY, his 2012, or the Strengthening The Resil- sponse to the devastation of Hurricane name was added as a cosponsor of S. ience of Our National on the Ground Sandy. Res. 613, supra. Act. This legislation will build upon I believe that by better under- S. RES. 618 existing extreme weather resiliency ef- standing and planning, we can reduce At the request of Mr. LEVIN, the forts to provide State and local actors the serious economic and human costs names of the Senator from Indiana with the tools and information they of extreme weather on our commu- (Mr. LUGAR), the Senator from Arizona need to help prepare, plan for, and nities. The events of 2012 and years (Mr. MCCAIN) and the Senator from more quickly recover from extreme past have clearly demonstrated the Iowa (Mr. GRASSLEY) were added as co- weather events. Hurricane Sandy has need for better and more efficient gov- sponsors of S. Res. 618, a resolution ob- shown us that extreme weather re- ernance before disaster strikes again. A number of organizations are sup- serving the 100th birthday of civil mains a major challenge for our Na- portive of this bill, including the U.S. rights icon Rosa Parks and commemo- tion. rating her legacy. Recently, extreme weather events Conference of Mayors, the National As- sociation of Counties, the National AMENDMENT NO. 3344 have battered the nation, resulting in Emergency Management Association, At the request of Mr. BINGAMAN, the record-high losses for 2011 and more the National Weather Association, and name of the Senator from Hawaii (Mr. broken records in 2012. In the past 30 the American Planning Association. AKAKA) was added as a cosponsor of years, there have been more than 130 I am pleased that Senators GILLI- amendment No. 3344 proposed to H.R. 1, extreme weather events in the United BRAND and LAUTENBERG are original co- a bill making appropriations for the States that generated at least $1 bil- sponsors of this legislation. I look for- Department of Defense and the other lion in devastating damages. Most re- ward to building upon a strong founda- departments and agencies of the Gov- cently, Hurricane Sandy resulted in tion and improving our extreme weath- ernment for the fiscal year ending Sep- more than 100 deaths, the evacuation of er resiliency efforts. It is our responsi- tember 30, 2011, and for other purposes. hundreds of thousands of people, power bility to protect our citizens and help AMENDMENT NO. 3349 outages affecting more than 8.5 million minimize future loss and damage. I ask At the request of Mr. WHITEHOUSE, homes, massive flooding, gasoline all Senators to support this legislation. the name of the Senator from Rhode Is- shortages, and a crippled regional en- land (Mr. REED) was added as a cospon- ergy and transportation infrastructure. By Mr. LIEBERMAN (for himself, sor of amendment No. 3349 intended to Extreme weather ravaged every region Mr. DURBIN, Mrs. MURRAY, and be proposed to H.R. 1, a bill making ap- of the United States this year, with Mrs. BOXER): propriations for the Department of De- drought conditions in more than 60 per- S. 3696. A bill to provide for the ad- fense and the other departments and cent of the contiguous United States; mission of the State of New Columbia agencies of the Government for the fis- deadly floods; destructive wildfires on into the Union; to the Committee on cal year ending September 30, 2011, and more than nine million acres across 37 Homeland Security and Governmental for other purposes. States; and deadly heat waves. Affairs.

VerDate Mar 15 2010 06:26 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.017 S19DEPT1 jbell on DSK7SPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — SENATE S8205 Mr. LIEBERMAN. Mr. President, I When John Adams moved into the sional control and protected by Federal rise to introduce the New Columbia Ad- White House in 1800, Washington, D.C. authorities. missions Act that will create a 51st had a population of just 3,210 people— The voters of this new state will have State from the populated portions of in a Nation of roughly 5 million. Even the same rights we give voters in every Washington, D.C., giving these more then the founders were concerned other State, including those seven than 600,000 disenfranchised Americans about voting rights for residents of the small states with populations under 1 the voice they deserve in our national new capital. In the early days before million. If the idea seems strange, re- government. The United States is the the capital was fully established, its member that many also once could not only democracy in the world that de- residents were allowed to vote in Mary- imagine full voting rights for women or nies voting representation to the peo- land or Virginia. There were proposals racial minorities. It is the nature of ple who live in its capital city. It is to guarantee their suffrage going for- civil rights that the disenfranchised long past time to end this unjust and ward but unfortunately they did not must fight to gain acceptance of rights embarrassing distinction. get enacted amid the press to establish that, in retrospect, seem morally com- I am not the only Senator who feels the new government. Certainly, pelled and beyond question. We must this way—Senators DURBIN, BOXER, and though, it would have been unimagi- right this injustice toward the resi- MURRAY join me in cosponsoring this nable to the founders that a population dents of the District just as Congress bill today. My friend Senator Inouye of more than half a million in our cap- historically has righted other voting had planned to cosponsor this bill as he ital city should be disenfranchised in injustices that stretched back to the was a strong supporter of the District’s the national legislature. very founding of the Nation. right to have congressional representa- Yet that is the current reality. Now I will soon leave Congress after hav- tion. we are a Nation of more than 300 mil- ing had the great privilege of serving Under this bill, there would still be lion and Washington, D.C. is a thriving here for 24 years. Securing full voting Federal district called Washington, community of 618,000 people. That’s rights for the 600,000 Americans who D.C., which would be under the control more people than Wyoming has and live in the District of Columbia is un- of Congress as the Constitution man- about the same as Vermont and North finished business, not just for me, but dates. But it would be a smaller area Dakota have, which, of course, have for the United States of America. encompassing the White House, the full representation in Congress. f Capitol, the Supreme Court and the Acccording to the U.S. Census, Wash- National Mall, where few people actu- ington, D.C. is growing faster than all SUBMITTED RESOLUTIONS ally live. The rest of the current Dis- 50 States. Demographers expect it will trict of Columbia—diverse business dis- only get bigger in the years to come tricts and residential neighborhoods because much of that growth has been SENATE RESOLUTION 625—RECOG- that are home to more than half a mil- with young people who want to raise NIZING THE JANUARY 12, 2013, lion U.S. citizens—would become a new families in the District. OPENING OF THE UNITED State. The District of Columbia already STATES FREEDOM PAVILION: This is completely in accord with the functions as a state in many respects— THE BOEING CENTER AT THE principles and mandates of the Con- indeed the Federal Government treats NATIONAL WORLD WAR II MU- stitution and our Founding Fathers. it as a State for purposes of most Fed- SEUM IN NEW ORLEANS, LOU- Indeed, I think it is worth remem- eral programs. ISIANA, AND SUPPORTING bering why our Founding Fathers cre- More important, the residents of the PLANS FOR OTHER EDU- ated a Federal district in the first District of Columbia have all the re- CATIONAL PAVILIONS AND INI- place. sponsibilities of U.S. citizenship. They TIATIVES After the Revolutionary War, Phila- delphia, PA, was the capital of the gov- pay more Federal income tax per cap- Ms. LANDRIEU (for herself and Mr. ernment formed by the Articles of Con- ita than residents of any state; D.C. VITTER) submitted the following reso- federation. That Congress met in what residents and businesses send on aver- lution; which was considered and we now know as Independence Hall in age $20 billion to the Federal treasury agreed to: each year. D.C. residents must serve on Philadephia. S. RES. 625 Federal juries and male residents must In 1783, a mob of Revolutionary War Whereas historians Stephen E. Ambrose veterans besieged Independence Hall, register for Selective Service. More and Gordon H. ‘‘Nick’’ Mueller, among oth- demanding promised payments for than 190,000 D.C. residents have served ers, founded the National D-Day Museum on their service during the war. Congress in the military in wartime and about June 6, 2000; asked the governor of Pennsylvania, 1,700 have died for our country in the Whereas section 8134(c) of the Department John Dickinson, to call out the militia wars of the last century alone. All this of Defense Appropriations Act of 2004 (Public to defend the capital, but he sided with occurred while the District’s residents Law 108-87; 117 Stat. 1105) designated the Na- were denied voting representation in tional D-Day Museum as ‘‘America’s Na- the veterans and refused. tional World War II Museum’’; Congress had to flee to Princeton, Congress. The current inequity has even been Whereas the National World War II Mu- NJ. seum advances the mission of educating the This failure of a state government to noted by international bodies, includ- public about the experience of the United protect the national government be- ing the United Nations Human Rights States in World War II, covering all branches came a major concern of the Constitu- Commission, as a possible violation of of the Armed Forces and the Merchant Ma- tional Convention in 1787 and it was de- international human rights accords. rine, and documenting and highlighting ac- cided the Constitution must create a It is long past time to give these tivities on both the battlefront and home Federal district that could be con- American citizens who have chosen front; trolled and protected by the new Fed- Washington as their home full partici- Whereas the exhibits and programs of the pation in our democracy. People who National World War II Museum portray why eral government. the War occurred, how the War was won, and But Article One, Section Eight of the live in D.C. are, of course, as American what the War means today, and celebrate the Constitution, which created the Fed- as people who live throughout our spirit of the United States and enduring val- eral district, did not order a particular country—teachers, firefighters, doc- ues displayed during the War; location. It only said only that it may tors, janitors, parents, children, vet- Whereas the National World War II Mu- not exceed ‘‘10 miles square’’—or 100 erans, retirees. Why do their contribu- seum emphasizes the diverse nature of the square miles. tions to our democracy—financial and war effort of the United States, reflecting The Residence Act of 1790 gave Presi- otherwise—merit rights and represen- the contributions of women, African-Ameri- dent Washington authority to pick the tation any less than those of their fel- cans, Japanese-Americans, Hispanic Ameri- final site of the capital, and the site of cans, Native Americans, and other groups low citizens in the 50 states? that have been neglected in many accounts the current Washington D.C. was cho- In sum, nothing in the Constitution of World War II; sen as a result of a compromise be- prevents Congress from ceding this ter- Whereas the 12,000 landing craft designed tween Thomas Jefferson and Alexander ritory to a new State. There will still and built by Higgins Industries in New Orle- Hamilton. be a Federal district under Congres- ans made amphibious invasions possible and

VerDate Mar 15 2010 06:26 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.027 S19DEPT1 jbell on DSK7SPTVN1PROD with S8206 CONGRESSIONAL RECORD — SENATE December 19, 2012 carried United States soldiers ashore in with more than 7,000 videotaped, oral, and folk, Virginia, after completing the 25th and every theatre and campaign during the War; written accounts in the collection, and plans final deployment of the vessel; Whereas President Dwight D. Eisenhower, to digitize the collection to vastly improve Whereas the U.S.S. Enterprise, the first the former Supreme Commander of the Al- public access; nuclear powered aircraft carrier to serve the lied Expeditionary Forces in Europe, cred- Whereas the National World War II Mu- United States, is scheduled for inactivation ited Andrew Jackson Higgins, the chief exec- seum is an official affiliate of the Smithso- in December 2012 after more than 51 years in utive officer of Higgins Industries, as the nian Institution, with a formal agreement to active service to the Navy and the Nation; ‘‘man who won the war for us,’’ in a 1960s borrow Smithsonian artifacts for exhibits; Whereas the U.S.S. Enterprise is the 8th conversation with the preeminent historian Whereas the National World War II Mu- vessel to bear that name and justly and Stephen E. Ambrose, leading Ambrose to ini- seum collaborates with other museums and rightfully maintained the honor and tradi- tiate plans for the National World War II memorials in the United States and around tion of those vessels that previously bore the Museum; the world; name; Whereas the National D-Day Museum, now Whereas the National World War II Mu- Whereas the U.S.S. Enterprise participated known as the ‘‘National World War II Mu- seum has added major facilities in recent in the embargo of the island of Cuba ordered seum’’, has made great strides in the devel- years through donor support, including the by President John Kennedy in the fall of opment of the facilities, exhibits, and pro- Solomon Victory Theater complex, which 1962, helping to prevent an escalation of that grams at the Museum; features a 4-D theater, the Stage Door Can- crisis; Whereas the National World War II Mu- teen, a United Service Organization-styled Whereas the U.S.S. Enterprise conducted seum, since the grand opening on June 6, entertainment venue, and the Kushner Res- multiple deployments in support of combat 2000, which was the 56th anniversary of the toration Pavilion, home to a major patrol operations during the Vietnam War; D-Day invasion of Normandy, France, has at- torpedo boat restoration project; Whereas the U.S.S. Enterprise, upon re- tracted more than 3,000,000 visitors from Whereas the National World War II Mu- ceiving the news of the September 11, 2001, across the United States and around the seum will open the United States Freedom attacks on the United States while returning world, and has reached millions more Pavilion: The Boeing Center in January 2013; home from a six-month deployment, imme- through Internet-based and other distance Whereas the Pavilion will feature aircraft diately reversed course and was deployed in learning programs; such as the B-17 bomber and the P-51 fighter, the Arabian Sea; Whereas World War II veterans and home the latter flown by the Tuskegee Airmen, Whereas the U.S.S. Enterprise launched front supporters, recognized as the ‘‘greatest and a submarine experience and exhibits hundreds of air strikes into Afghanistan in generation’’ because of the sacrifices of the honoring Medal of Honor recipients, govern- support of Operation Enduring Freedom veterans and home front supporters at a piv- ment leaders who served in World War II, throughout October 2001 to destroy Taliban otal time in United States history, are pass- and industries that became known as the and al Qaeda targets; ing away at a rapid rate, creating an urgent ‘‘Arsenal of Democracy’’; and Whereas the U.S.S. Enterprise deployed six need to preserve the stories, and to pay trib- Whereas other major pavilions and inter- times over the last 11 years to conduct com- ute to the service of the veterans and home active exhibits are planned or under develop- bat operations in support of Operation Iraqi front supporters; ment as the Museum anticipates the comple- Freedom and Operation Enduring Freedom; Whereas Congress recognizes the need to and tion of the campus by 2016, including the preserve forever the knowledge and history Whereas the U.S.S. Enterprise and the 10 Campaigns of Courage: European and Pacific of the most decisive achievement of the Nimitz-class aircraft carriers of the Navy Theaters Pavilion, the Liberation Pavilion, United States during the 20th century and to have proven the wisdom and value of nuclear and a Union Station train experience in the portray that history to citizens, scholars, powered aircraft carriers, which have played original Louisiana Memorial Pavilion: Now, visitors, and school children for generations crucial roles across the range of military op- therefore, be it to come; erations, from humanitarian assistance to Resolved, That the Senate— Whereas Congress appropriated funds in combat operations, including operations in (1) recognizes and applauds the planned 1992 to authorize the design and construction Iraq and Afghanistan since the beginnings of January 12, 2013, opening of the United of the National D-Day Museum to commemo- hostilities, providing, from the sea, unparal- rate the epic 1944 Normandy invasion, and States Freedom Pavilion: The Boeing Cen- leled precision strike, close air support, and appropriated additional funds in 1998, 2000, ter, an iconic pavilion funded in part by the surveillance in support of ground combat op- 2001, 2002, 2003, and 2009 to help expand the Federal Government and a major feature of erations: Now, therefore, be it Museum to cover the entire experience of the the institution designated by section 8134(c) Resolved by the Senate (the House of Rep- United States in World War II, and the trans- of the Department of Defense Appropriations resentatives concurring), That Congress— formational impact on the United States and Act of 2004 (Public Law 108-87; 117 Stat. 1105) (1) congratulates the Navy and the many the world; as ‘‘America’s National World War II Mu- crews of the U.S.S. Enterprise (CVN 65) on Whereas the World War II Memorial on the seum’’; having provided the United States an incal- National Mall in Washington, DC, will al- (2) recognizes the generous assistance from culable service in international relations and ways be the symbolic memorial where people private individuals, corporations, founda- engagement and in the prevention and win- come to remember the sacrifices made dur- tions, the Federal Government, the State of ning of armed conflicts over the 51-year pe- ing World War II; Louisiana, and other public entities com- riod of the service of the U.S.S. Enterprise; Whereas the National World War II Mu- mitted to offering a lasting tribute to the (2) honors the service and memory of the seum in New Orleans will always be the edu- achievements of the United States in World 121 Sailors who made the ultimate sacrifice cational institution where people come to War II; and for their country while serving onboard learn about the monumental struggle by the (3) expresses support for the mission of the U.S.S. Enterprise, including the 30 that were United States against would-be oppressors, National World War II Museum as vital to killed in action during the Vietnam War; so that future generations can understand the preservation of democratic values, to the (3) honors the service of the 20 U.S.S. En- the role the United States played in the pres- understanding of United States history and terprise Sailors who were held as Prisoners ervation and advancement of freedom in the founding principles, and to the education of of War during the Vietnam War, the 3 who middle of the 20th century; future generations about the relevance of the died in captivity, and the 5 that are still list- Whereas the State of Louisiana and thou- War experience to the past and future great- ed as missing-in-action; and sands of donors, including foundations, com- ness of the United States. (4) congratulates the nearly 100,000 current panies, and Museum members in every State, f and former Sailors who have served on the have contributed millions of dollars and U.S.S. Enterprise and thanks them for the other support to help build and advance the SENATE CONCURRENT RESOLU- selfless sacrifice they made in service to the National World War II Museum, and hun- TION 65—CONGRATULATING THE United States. dreds of volunteers, many from the World NAVY AND THE CURRENT AND f War II era, have provided invaluable assist- FORMER OFFICERS AND CREW ance to the Museum; OF THE U.S.S. ENTERPRISE (CVN AMENDMENTS SUBMITTED AND Whereas the Board of Trustees of the Na- 65) ON COMPLETION OF THE 25TH PROPOSED tional World War II Museum, national in AND FINAL DEPLOYMENT OF SA 3382. Mr. COBURN submitted an scope, and the Presidential Counselors advi- THE VESSEL amendment intended to be proposed by him sory group, featuring leading historians and to the bill H.R. 1, making appropriations for museum professionals, provide effective Mr. WARNER (for himself, Mr. WEBB, the Department of Defense and the other de- guidance and oversight for the National and Mr. MCCAIN) submitted the fol- partments and agencies of the Government World War II Museum; lowing concurrent resolution; which for the fiscal year ending September 30, 2011, Whereas the National World War II Mu- was referred to the Committee on and for other purposes; which was ordered to seum continues to add to and maintain 1 of Armed Services: lie on the table. the largest personal history collections in SA 3383. Mr. COBURN submitted an the United States, representing the experi- S. CON. RES. 65 amendment intended to be proposed by him ences of the men and women who fought in Whereas on November 4, 2012, the U.S.S. to the bill H.R. 1, supra; which was ordered World War II and served on the home front, Enterprise returned to her homeport of Nor- to lie on the table.

VerDate Mar 15 2010 06:26 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.021 S19DEPT1 jbell on DSK7SPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — SENATE S8207 SA 3384. Mr. MCCAIN (for himself and Mr. SA 3406. Mr. MERKLEY (for Mr. KOHL (for Government for the fiscal year ending COBURN) submitted an amendment intended himself and Mr. LEE)) proposed an amend- September 30, 2011, and for other pur- to be proposed by him to the bill H.R. 1, ment to the bill H.R. 6029, to amend title 18, poses; which was ordered to lie on the supra; which was ordered to lie on the table. United States Code, to provide for increased table; as follows: SA 3385. Mr. COBURN submitted an penalties for foreign and economic espio- amendment intended to be proposed by him nage, and for other purposes. On page 82, lines 21 and 22, strike ‘‘to re- main available until expended: Provided,’’ to the bill H.R. 1, supra; which was ordered SA 3407. Mr. MERKLEY (for Mrs. MURRAY) and insert ‘‘to remain available until the to lie on the table. proposed an amendment to the bill S. 3202, to earlier of the date on which such funds are SA 3386. Mrs. BOXER submitted an amend- amend title 38, United States Code, to ensure expended or the date that is 2 years after the ment intended to be proposed by her to the that deceased veterans with no known next date of the enactment of this Act: Provided, bill H.R. 1, supra; which was ordered to lie on of kin can receive a dignified burial, and for That any funding provided under this head- the table. other purposes. SA 3387. Mrs. BOXER submitted an amend- ing that remains available for obligation or f ment intended to be proposed by her to the has been obligated but not yet spent as of bill H.R. 1, supra; which was ordered to lie on TEXT OF AMENDMENTS the date that is 2 years after the date of the the table. enactment of this Act shall be rescinded and SA 3388. Mrs. BOXER submitted an amend- SA 3382. Mr. COBURN submitted an returned to the Treasury for deficit reduc- ment intended to be proposed by her to the amendment intended to be proposed by tion: Provided further, That none of the funds bill H.R. 1, supra; which was ordered to lie on him to the bill H.R. 1, making appro- provided under this heading may be distrib- the table. priations for the Department of De- uted until the National Railroad Passenger SA 3389. Mrs. BOXER submitted an amend- Corporation submits a detailed plan to Con- fense and the other departments and gress pertaining to each project or program ment intended to be proposed by her to the agencies of the Government for the fis- bill H.R. 1, supra; which was ordered to lie on that describes how such funds will be ex- cal year ending September 30, 2011, and pended: That none of the the table. Provided further, SA 3390. Mrs. BOXER submitted an amend- for other purposes; which was ordered funds provided under this heading may be ment intended to be proposed by her to the to lie on the table; as follows: used for capital improvements or other ex- bill H.R. 1, supra; which was ordered to lie on After section 1105, insert the following: penses that are not directly associated with Hurricane Sandy or Tropical Storm Sandy: the table. SEC. 1106. (a) PROHIBITION ON USE OF FUNDS Provided further,’’. SA 3391. Mr. COATS (for himself and Mr. FOR FUTURE DISASTER RECOVERY CONTRACTS ALEXANDER) submitted an amendment in- NOT COMPETITIVELY AWARDED.—Amounts ap- SA 3385. Mr. COBURN submitted an tended to be proposed by him to the bill H.R. propriated or otherwise made available by amendment intended to be proposed by 1, supra; which was ordered to lie on the this Act may not be obligated or expended table. for any contract awarded after the date of him to the bill H.R. 1, making appro- SA 3392. Mr. CARDIN (for himself and Mrs. the enactment of this Act in support of dis- priations for the Department of De- BOXER) submitted an amendment intended to aster recovery if such contract was awarded fense and the other departments and be proposed by him to the bill H.R. 1, supra; using other than competitive procedures as agencies of the Government for the fis- which was ordered to lie on the table. otherwise required by chapter 33 of title 41, cal year ending September 30, 2011, and SA 3393. Mr. CARDIN (for himself and Ms. United States Code, section 2304 of title 10, for other purposes; which was ordered LANDRIEU) submitted an amendment in- United States Code, and the Federal Acquisi- to lie on the table; as follows: tended to be proposed by him to the bill H.R. tion Regulation. On page 24, line 21, strike the period and 1, supra; which was ordered to lie on the (b) CURRENT NO-BID CONTRACTS.— insert the following: ‘‘: Provided further, That table. (1) REVIEW OF CONTRACTS.—Not later than the amounts made available under this head- SA 3394. Mr. BAUCUS (for himself and Mr. 60 days after the date of the enactment of ing may not be used to assist a building, a TESTER) submitted an amendment intended this Act, Federal agencies shall conduct a re- to be proposed by him to the bill H.R. 1, mobile home, or any personal property that view of all contracts to support disaster re- is located in an area that has been identified supra; which was ordered to lie on the table. covery that were awarded before the date of SA 3395. Mr. REID proposed an amendment by the Administrator of the Federal Emer- the enactment of this Act using other than gency Management Agency as an area hav- to the bill H.R. 1, supra. competitive procedures in order to deter- SA 3396. Mr. REID proposed an amendment ing special flood hazards and in which the mine the following: to amendment SA 3395 proposed by Mr. REID sale of flood insurance has been made avail- (A) Whether opportunities exist to achieve to the bill H.R. 1, supra. able under the National Flood Insurance Act cost savings under such contracts. SA 3397. Mr. REID proposed an amendment of 1968, unless, on the date on which the dis- (B) Whether the requirements being met by to amendment SA 3396 proposed by Mr. REID aster to which the assistance relates oc- such contracts can be met using a new or ex- to the amendment SA 3395 proposed by Mr. curred, the building, mobile home, or per- isting contract awarded through competitive REID to the bill H.R. 1, supra. sonal property was covered by flood insur- SA 3398. Mr. REID proposed an amendment procedures. ance in an amount at least equal to its devel- to the bill H.R. 1, supra. (2) COMPETITIVE AWARD OF CONTRACTS.—If a opment or project cost (less estimated land SA 3399. Mr. REID proposed an amendment Federal agency determines pursuant to the cost) or to the maximum limit of coverage to amendment SA 3398 proposed by Mr. REID review under paragraph (1) that either sub- made available with respect to the par- to the bill H.R. 1, supra. paragraph of that paragraph applies to a con- ticular type of property under the National SA 3400. Mr. REID proposed an amendment tract awarded using other than competitive Flood Insurance Act of 1968, whichever is to the bill H.R. 1, supra. procedures, the agency shall take appro- less.’’. SA 3401. Mr. REID proposed an amendment priate actions with respect to the contract, to amendment SA 3400 proposed by Mr. REID whether to achieve cost savings under the SA 3386. Mrs. BOXER submitted an to the bill H.R. 1, supra. contract, to use a new or existing contract amendment intended to be proposed by SA 3402. Mr. REID proposed an amendment awarded through competitive procedures to her to the bill H.R. 1, making appro- to amendment SA 3401 proposed by Mr. REID meet applicable requirements, or otherwise priations for the Department of De- to the amendment SA 3400 proposed by Mr. to discontinue of the use of the contract. fense and the other departments and REID to the bill H.R. 1, supra. SA 3403. Mr. LEAHY submitted an amend- SA 3383. Mr. COBURN submitted an agencies of the Government for the fis- ment intended to be proposed by him to the amendment intended to be proposed by cal year ending September 30, 2011, and bill H.R. 1, supra; which was ordered to lie on him to the bill H.R. 1, making appro- for other purposes; which was ordered the table. priations for the Department of De- to lie on the table; as follows: SA 3404. Mr. MERKLEY (for himself, Ms. fense and the other departments and On page 32, strike line 19 and all that fol- STABENOW, Mrs. MCCASKILL, Mr. BAUCUS, Mr. agencies of the Government for the fis- lows through page 33, line 16, and insert the WYDEN, Mr. FRANKEN, Mr. JOHNSON of South following: Dakota, and Mr. UDALL of New Mexico) sub- cal year ending September 30, 2011, and SEC. 605. In administering the funds made mitted an amendment intended to be pro- for other purposes; which was ordered available to address any major disaster de- posed by him to the bill H.R. 1, supra; which to lie on the table; as follows: clared during the period beginning on August was ordered to lie on the table. On page 16, strike lines 17 through 20 and 27, 2011 and ending on December 5, 2012, the SA 3405. Mr. MERKLEY (for Mrs. MURRAY) insert ‘‘Provided’’. Administrator of the Federal Emergency proposed an amendment to the bill H.R. 4057, Management Agency shall establish a pilot to amend title 38, United States Code, to di- SA 3384. Mr. MCCAIN (for himself and program for the relocation of State facilities rect the Secretary of Veterans Affairs to de- under section 406 of the Robert T. Stafford Mr. COBURN) submitted an amendment velop a comprehensive policy to improve Disaster Relief and Emergency Assistance outreach and transparency to veterans and intended to be proposed by him to the Act (42 U.S.C. 5172), under which the Admin- members of the Armed Forces through the bill H.R. 1, making appropriations for istrator may waive, or specify alternative re- provision of information on institutions of the Department of Defense and the quirements for, any regulation the Adminis- higher learning, and for other purposes. other departments and agencies of the trator administers to provide assistance,

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consistent with the National Environmental ‘‘(2) AUTHORITY FOR OTHER EXPEDITED PRO- Provided, That the National Oceanic and At- Policy Act of 1969 (42 U.S.C. 4321 et seq.), for CEDURES.—The President may utilize expe- mospheric Administration shall submit a the permanent relocation of State facilities, dited procedures in addition to those re- spending plan to the Committees on Appro- including administrative office buildings, quired under paragraph (1) for the purpose of priations of the House of Representatives medical facilities, laboratories, and related providing assistance under this section, such and the Senate within 45 days after the date operating infrastructure (including heat, as those under the Prototype Programmatic of enactment of this Act: Provided further, sewage, mechanical, electrical, and plumb- Agreement of the Federal Emergency Man- That such amount is designated by the Con- ing), that were significantly damaged as a agement Agency, for the consideration of gress as being for an emergency requirement result of the major disaster, are subject to multiple structures as a group and for an pursuant to section 251(b)(2)(A)(i) of the Bal- flood risk, and are otherwise eligible for re- analysis of the cost-effectiveness and fulfill- anced Budget and Emergency Deficit Control pair, restoration, reconstruction, or replace- ment of cost-share requirements for proposed Act of 1985. ment under section 406 of that Act, if the Ad- hazard mitigation measures.’’. PROCUREMENT, ACQUISITION AND CONSTRUCTION ministrator determines that such relocation For an additional amount for ‘‘Procure- is practicable, and will be cost effective or SA 3390. Mrs. BOXER submitted an ment, Acquisition and Construction’’, more appropriate than repairing, restoring, amendment intended to be proposed by $9,000,000, to remain available until Sep- reconstructing, or replacing the facility in her to the bill H.R. 1, making appro- tember 30, 2015, to repair National Oceanic its pre-disaster location, and if such reloca- priations for the Department of De- and Atmospheric Administration (NOAA) fa- tion will effectively mitigate the flood risk cilities damaged by Hurricane Sandy: Pro- to the facility. fense and the other departments and vided, That NOAA shall submit a spending agencies of the Government for the fis- plan to the Committees on Appropriations of SA 3387. Mrs. BOXER submitted an cal year ending September 30, 2011, and the House of Representatives and the Senate amendment intended to be proposed by for other purposes; which was ordered within 45 days after the date of enactment of her to the bill H.R. 1, making appro- to lie on the table; as follows: this Act: Provided further, That such amount priations for the Department of De- On page 49, line 5, insert ‘‘, consistent with is designated by the Congress as being for an fense and the other departments and applicable law’’ after ‘‘process’’. emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and On page 49, line 10, insert before the first agencies of the Government for the fis- Emergency Deficit Control Act of 1985. period ‘‘, consistent with applicable law’’. cal year ending September 30, 2011, and SCIENCE for other purposes; which was ordered SA 3391. Mr. COATS (for himself and NATIONAL AERONAUTICS AND SPACE to lie on the table; as follows: Mr. ALEXANDER) submitted an amend- ADMINISTRATION On page 16, strike lines 17 through 20 and CONSTRUCTION AND ENVIRONMENTAL insert ‘‘Provided further, That any project ment intended to be proposed by him to the bill H.R. 1, making appropria- COMPLIANCE AND RESTORATION that is under study by the Corps for reducing For an additional amount for ‘‘Construc- flooding and storm damage risks within the tions for the Department of Defense and the other departments and agen- tion and Environmental Compliance and boundaries of the North Atlantic Division of Restoration’’ for repair at National Aero- the Corps that was affected by Hurricane cies of the Government for the fiscal nautics and Space Administration facilities Sandy and for which the study demonstrates year ending September 30, 2011, and for damaged by Hurricane Sandy, $4,000,000, to that the project will cost-effectively reduce other purposes; which was ordered to remain available until September 30, 2015: those risks and is environmentally accept- lie on the table; as follows: Provided, That such amount is designated by able and technically feasible is hereby au- the Congress as being for an emergency re- thorized: Provided’’. In lieu of the matter proposed to be in- serted, insert the following: quirement pursuant to section 251(b)(2)(A)(i) SA 3388. Mrs. BOXER submitted an That the following sums are hereby appro- of the Balanced Budget and Emergency Def- icit Control Act of 1985. amendment intended to be proposed by priated out of any money in the Treasury TITLE III her to the bill H.R. 1, making appro- not otherwise appropriated, for fiscal year DEPARTMENT OF DEFENSE priations for the Department of De- 2013, and for other purposes, namely: SUPPLEMENTAL APPROPRIATIONS FOR DEPARTMENT OF DEFENSE—MILITARY fense and the other departments and OPERATION AND MAINTENANCE agencies of the Government for the fis- DISASTER ASSISTANCE TITLE I OPERATION AND MAINTENANCE, ARMY cal year ending September 30, 2011, and For an additional amount for ‘‘Operation for other purposes; which was ordered DEPARTMENT OF AGRICULTURE DOMESTIC FOOD PROGRAMS and Maintenance, Army’’, $5,370,000, to re- to lie on the table; as follows: main available until September 30, 2013, for On page 45, strike lines 9 through 14 and in- FOOD AND NUTRITION SERVICE necessary expenses related to the con- sert the following: COMMODITY ASSISTANCE PROGRAM sequences of Hurricane Sandy: Provided, ‘‘(f) WAIVER AUTHORITY.—Until such time For an additional amount for the emer- That such amount is designated by the Con- as the Administrator promulgates regula- gency food assistance program as authorized gress as being for an emergency requirement tions to implement this section, the Admin- by section 27(a) of the Food and Nutrition pursuant to section 251(b)(2)(A)(i) of the Bal- istrator may— Act of 2008 (7 U.S.C. 2036(a)) and section anced Budget and Emergency Deficit Control ‘‘(1) waive notice and comment rulemaking 204(a)(1) of the Emergency Food Assistance Act of 1985. requirements under title 5, United States Act of 1983 (7 U.S.C. 7508(a)(1)), $6,000,000: Pro- OPERATION AND MAINTENANCE, NAVY Code, if the Administrator determines that vided, That notwithstanding any other provi- For an additional amount for ‘‘Operation such action is necessary to expeditiously im- sions of the Emergency Food Assistance Act and Maintenance, Navy’’, $40,015,000, to re- plement this section; and of 1983 (the ‘‘Act’’), the Secretary may allo- main available until September 30, 2013, for ‘‘(2) carry out the alternative procedures cate additional foods and funds for adminis- necessary expenses related to the con- under this section as a pilot program.’’. trative expenses from resources specifically sequences of Hurricane Sandy: Provided, appropriated, transferred, or reprogrammed That such amount is designated by the Con- SA 3389. Mrs. BOXER submitted an to restore to states resources used to assist gress as being for an emergency requirement amendment intended to be proposed by families and individuals displaced by Hurri- pursuant to section 251(b)(2)(A)(i) of the Bal- her to the bill H.R. 1, making appro- cane Sandy among the states without regard anced Budget and Emergency Deficit Control priations for the Department of De- to sections 204 and 214 of the Act: Provided Act of 1985. fense and the other departments and further, That such amount is designated by OPERATION AND MAINTENANCE, AIR FORCE the Congress as being for an emergency re- For an additional amount for ‘‘Operation agencies of the Government for the fis- quirement pursuant to section 251(b)(2)(A)(i) cal year ending September 30, 2011, and and Maintenance, Air Force’’, $8,500,000, to of the Balanced Budget and Emergency Def- remain available until September 30, 2013, for for other purposes; which was ordered icit Control Act of 1985 (Public Law 99–177), necessary expenses related to the con- to lie on the table; as follows: as amended. sequences of Hurricane Sandy: Provided, On page 38, strike lines 3 through 10 and in- TITLE II That such amount is designated by the Con- sert the following: DEPARTMENT OF COMMERCE gress as being for an emergency requirement ‘‘(d) EXPEDITED PROCEDURES.— NATIONAL OCEANIC AND ATMOSPHERIC pursuant to section 251(b)(2)(A)(i) of the Bal- ‘‘(1) IN GENERAL.—For the purpose of pro- ADMINISTRATION anced Budget and Emergency Deficit Control viding assistance under this section, the OPERATIONS, RESEARCH, AND FACILITIES Act of 1985. President shall ensure that— OPERATION AND MAINTENANCE, ARMY ‘‘(A) adequate resources are devoted to en- For an additional amount for ‘‘Operations, Research, and Facilities’’, $32,000,000 to re- NATIONAL GUARD suring that applicable environmental re- For an additional amount for ‘‘Operation views under the National Environmental main available until September 30, 2014, as follows— and Maintenance, Army National Guard’’, Policy Act and historic preservation reviews (1) $6,200,000 to repair and replace ocean ob- $3,165,000, to remain available until Sep- under the National Historic Preservation serving and coastal monitoring assets dam- tember 30, 2013, for necessary expenses re- Act are completed on an expeditious basis; aged by Hurricane Sandy; lated to the consequences of Hurricane and (2) $5,000,000 to repair and improve weather Sandy: Provided, That such amount is des- ‘‘(B) the shortest existing applicable proc- forecasting capabilities and infrastructure; ignated by the Congress as being for an ess under the National Environmental Policy (3) $20,800,000 for mapping, charting, dam- emergency requirement pursuant to section Act and the National Historic Preservation age assessment, and marine debris coordina- 251(b)(2)(A)(i) of the Balanced Budget and Act shall be utilized. tion and re-mediation: Emergency Deficit Control Act of 1985.

VerDate Mar 15 2010 06:51 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.025 S19DEPT1 jbell on DSK7SPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — SENATE S8209

OPERATION AND MAINTENANCE, AIR NATIONAL able until September 30, 2014, for grants to or of Hurricane Sandy, $143,899,000, to remain GUARD cooperative agreements with organizations available until September 30, 2014: Provided, For an additional amount for ‘‘Operation to provide technical assistance related to That such amount is designated by the Con- and Maintenance, Air National Guard’’, disaster recovery, response, and long-term gress as being for an emergency requirement $5,775,000, to remain available until Sep- resiliency to small businesses that are recov- pursuant to section 251(b)(2)(A)(i) of the Bal- tember 30, 2013, for necessary expenses re- ering from Hurricane Sandy: Provided, That anced Budget and Emergency Deficit Control lated to the consequences of Hurricane such amounts are designated by the Congress Act of 1985: Provided further, That notwith- Sandy: Provided, That such amount is des- as being for an emergency requirement pur- standing the transfer limitation contained in ignated by the Congress as being for an suant to section 251(b)(2)(A)(i) of the Bal- section 503 of division D of Public Law 112–74, emergency requirement pursuant to section anced Budget and Emergency Deficit Control such funding may be transferred to other 251(b)(2)(A)(i) of the Balanced Budget and Act of 1985. Coast Guard appropriations after notifica- Emergency Deficit Control Act of 1985. OFFICE OF INSPECTOR GENERAL tion as required in accordance with such sec- PROCUREMENT For an additional amount for ‘‘Office of In- tion: Provided further, That a description all PROCUREMENT OF AMMUNITION, ARMY spector General’’ for necessary expenses re- facilities and property to be reconstructed and restored, with associated costs and time For an additional amount for ‘‘Procure- lated to the consequences of Hurricane lines, shall be submitted to the Committees ment of Ammunition, Army’’, $1,310,000, to Sandy and other disasters, $2,000,000, to re- on Appropriations of the Senate and the remain available until September 30, 2015, for main available until expended: Provided, House of Representatives no later than 90 necessary expenses related to the con- That such amount is designated by the Con- sequences of Hurricane Sandy: Provided, gress as being for an emergency requirement days after the date of enactment of this Act. pursuant to section 251(b)(2)(A)(i) of the Bal- That such amount is designated by the Con- FEDERAL EMERGENCY MANAGEMENT AGENCY gress as being for an emergency requirement anced Budget and Emergency Deficit Control pursuant to section 251 (b)(2)(A)(i) of the Bal- Act of 1985. DISASTER RELIEF FUND anced Budget and Emergency Deficit Control DISASTER LOANS PROGRAM ACCOUNT For an additional amount for the ‘‘Disaster Act of 1985. (INCLUDING TRANSFER OF FUNDS) Relief Fund’’ for major disasters declared REVOLVING AND MANAGEMENT FUNDS For an additional amount for ‘‘Disaster pursuant to the Robert T. Stafford Disaster DEFENSE WORKING CAPITAL FUNDS Loans Program Account’’ for the cost of di- Relief and Emergency Assistance Act (42 For an additional amount for ‘‘Defense rect loans authorized by section 7(b) of the U.S.C. 5121 et seq.), $5,379,000,000, to remain Working Capital Funds’’, $24,200,000, to re- Small Business Act, for necessary expenses available until expended: Provided, That such main available until September 30, 2013, for related to Hurricane Sandy and other disas- amount is designated by the Congress as necessary expenses related to the con- ters, $500,000,000, to remain available until being for disaster relief pursuant to section sequences of Hurricane Sandy: Provided, expended: Provided, That such costs, includ- 251(b)(2)(D) of the Balanced Budget and That such amount is designated by the Con- ing the cost of modifying such loans, shall be Emergency Deficit Control Act of 1985. gress as being for an emergency requirement as defined in section 502 of the Congressional pursuant to section 251(b)(2)(A)(i) of the Bal- Budget Act of 1974: Provided further, That in SCIENCE AND TECHNOLOGY RESEARCH, anced Budget and Emergency Deficit Control addition, for administrative expenses to DEVELOPMENT, ACQUISITION, AND OPERATIONS Act of 1985. carry out the direct loan program authorized For an additional amount for ‘‘Research, TITLE IV by section 7(b) of the Small Business Act in response to Hurricane Sandy and other disas- Development, Acquisition, and Operations’’ DEPARTMENT OF DEFENSE CIVIL ters, $100,000,000, to remain available until for necessary expenses related to the con- DEPARTMENT OF THE ARMY expended, of which $90,000,000 is for direct ad- sequences of Hurricane Sandy, $3,249,000, to CORPS OF ENGINEERS—CIVIL ministrative expenses of loan making and remain available until September 30, 2014: OPERATION AND MAINTENANCE servicing to carry out the direct loan pro- Provided, That such amount is designated by the Congress as being for an emergency re- For an additional amount for ‘‘Operation gram, which may be transferred to and quirement pursuant to section 251(b)(2)(A)(i) and Maintenance’’, $483,000,000, to remain merged with the appropriations for Salaries available until September 30, 2014, to repair and Expenses; and of which $10,000,000 is for of the Balanced Budget and Emergency Def- U.S. Army Corps of Engineers projects and indirect administrative expenses for the di- icit Control Act of 1985. dredge Federal navigation channels damaged rect loan program, which may be transferred GENERAL PROVISION—THIS TITLE by the impacts of Hurricane Sandy: Provided, to and merged with the appropriations for That such amount is designated by the Con- Salaries and Expenses: Provided further, Sec. 601. (a) Subsection (a) of section 1309 gress as being for an emergency requirement That such amounts are designated by the of the National Flood Insurance Act of 1968 pursuant to section 251(b)(2)(A)(i) of the Bal- Congress as being for an emergency require- (42 U.S.C. 4016(a)) is amended— anced Budget and Emergency Deficit Control ment pursuant to section 251(b)(2)(A)(i) of (1) by inserting ‘‘(1)’’ after the subsection Act of 1985: Provided further, That the Assist- the Balanced Budget and Emergency Deficit designation; and (2) by adding at the end the Control Act of 1985. ant Secretary of the Army for Civil Works following new paragraph: shall provide a monthly report to the Com- GENERAL PROVISIONS—THIS TITLE ‘‘(2) Notwithstanding paragraph (1)— mittees on Appropriations of the House of SEC. 501. Section 411(a)(1) of the Small Representatives and the Senate detailing the Business Investment Act of 1958 (15 U.S.C. ‘‘(A) clause (2) of the first sentence of such allocation and obligation of these funds, be- 694b(a)(1)) is amended by striking ‘‘$2,000,000’’ paragraph shall be applied, through Sep- ginning not later than 60 days after enact- and inserting ‘‘$5,000,000’’. tember 30, 2017, by substituting ment of this Act. TITLE VI ‘$25,725,000,000’ for ‘$1,500,000,000’; and FLOOD CONTROL AND COASTAL EMERGENCIES DEPARTMENT OF HOMELAND SECURITY ‘‘(B) effective upon the submission by the For an additional amount for ‘‘Flood Con- U.S. CUSTOMS AND BORDER PROTECTION Administrator to the Congress of a plan for trol and Coastal Emergencies’’, $340,000,000, specific actions to be taken in connection SALARIES AND EXPENSES to remain available until September 30, 2014, with the flood insurance program under this to support emergency operations, repairs and For an additional amount for ‘‘Salaries title that will provide for the repayment of other activities in response Hurricane Sandy and Expenses’’ for necessary expenses related any amounts borrowed pursuant to this para- as authorized by law: Provided, That the to the consequences of Hurricane Sandy, graph before the expiration of the 10–year pe- amounts in this paragraph are designated by $1,347,000: Provided, That such amount is des- riod that begins upon the date of the enact- the Congress as being for an emergency re- ignated by the Congress as being for an ment of this paragraph, a schedule for imple- quirement pursuant to section 251(b)(2)(A)(i) emergency requirement pursuant to section mentation of such actions, a schedule re- of the Balanced Budget and Emergency Def- 251(b)(2)(A)(i) of the Balanced Budget and quired under subsection (c) for such repay- icit Control Act of 1985: Provided further, Emergency Deficit Control Act of 1985: Pro- ment, and a certification by the Adminis- That the Assistant Secretary of the Army vided further, That a description of all prop- trator that the Administrator will adhere to erty to be replaced, with associated costs, for Civil Works shall provide a monthly re- such schedules, clause (2) of the first sen- shall be submitted to the Committees on Ap- port to the Committees on Appropriations of tence of paragraph (1) shall be applied, propriations of the Senate and the House of the House of Representatives and the Senate through September 30, 2017, by substituting Representatives no later than 90 days after detailing the allocation and obligation of ‘$30,425,000,000’ for 11,500,000,000’.’’. these funds, beginning not later than 60 days the date of enactment of this Act. after enactment of this Act. COAST GUARD (b) The amount provided by this section is TITLE V designated by the Congress as an emergency ACQUISITION, CONSTRUCTION, AND requirement pursuant to section INDEPENDENT AGENCIES IMPROVEMENTS 251(b)(2)(A)(i) of the Balanced Budget and SMALL BUSINESS ADMINISTRATION (INCLUDING TRANSFER OF FUNDS) Emergency Deficit Control Act of 1985 and as SALARIES AND EXPENSES For an additional amount for ‘‘Acquisition, an emergency requirement pursuant to sec- For an additional amount for ‘‘Salaries Construction, and Improvements’’ for nec- tion 4(g) of the Statutory Pay-As-You-Go and Expenses’’, $20,000,000, to remain avail- essary expenses related to the consequences Act of 2010.

VerDate Mar 15 2010 06:51 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.047 S19DEPT1 jbell on DSK7SPTVN1PROD with S8210 CONGRESSIONAL RECORD — SENATE December 19, 2012 TITLE VII distribution of such amount shall be limited Fund’’ for disaster response and recovery ex- DEPARTMENT OF THE INTERIOR to the States of New York and New Jersey: penses related to Hurricane Sandy, Provided further, That funds appropriated in $122,000,000, of which $100,000,000 is to remain FISH AND WILDLIFE SERVICE this paragraph are in addition to the entitle- available through September 30, 2014: Pro- CONSTRUCTION ment grants authorized by section 2002(a)(1) vided, That these funds may be transferred For an additional amount for ‘‘Construc- of the Social Security Act and shall not be by the Secretary to accounts within the De- tion’’ for necessary expenses incurred to pre- available for such entitlement grants: Pro- partment of Health and Human Services, and pare for, respond to, and recover from Hurri- vided further, That the Secretary of Health shall be available only for the purposes pro- cane Sandy, $64,000,000, to remain available and Human Services shall distribute such vided in this paragraph: Provided further, until September 30, 2014: Provided, That such amount to the States of New York and New That the transfer authority provided in this amount is designated by the Congress as Jersey based on the number of registrants paragraph is in addition to any other trans- being for an emergency requirement pursu- for Individual Assistance provided by the fer authority available in this or any other ant to section 251(b)(2)(A)(i) of the Balanced Federal Emergency Management Agency Act: Provided further, That obligations in- Budget and Emergency Deficit Control Act within the counties that received a Presi- curred for response activities for Hurricane of 1985. dential major disaster declaration for the Sandy prior to enactment of this Act may be Federal Emergency Management Agency In- charged to this apropriation: Provided fur- NATIONAL PARK SERVICE dividual Assistance related to Hurricane ther, That funds appropriated in this para- CONSTRUCTION Sandy as of the date of enactment of this graph may be used for renovating, repairing, For an additional amount for ‘‘Construc- Act: Provided further, That in addition to or rebuilding non-Federal research facilities tion’’ for necessary expenses incurred to pre- other uses permitted by title XX of the SSA, damaged as a result of Hurricane Sandy: Pro- pare for, respond to, and recover from Hurri- funds appropriated in this paragraph may be vided further, That none of the funds appro- cane Sandy, including the full scope of re- used for health services (including mental priated in this paragraph shall be available pairs to the Statue of Liberty and Ellis Is- health services), and costs of renovating, re- for costs that are reimbursed by the Federal land, $190,000,000, to remain available until pairing, or rebuilding health care facilities Emergency Management Agency or by insur- September 30, 2014: Provided, That such (including mental health facilities), child ance: Provided further, That such amount is amount is designated by the Congress as care facilities, or other social services facili- designated by the Congress as being for an being for an emergency requirement pursu- ties: Provided further, That funds appro- emergency requirement pursuant to section ant to section 251(b)(2)(A)(i) of the Balanced priated in this paragraph are also available 251(b)(2)(A)(i) of the Balanced Budget and Budget and Emergency Deficit Control Act for costs incurred up to 3 days prior to Hurri- Emergency Deficit Control Act of 1985, as of 1985. cane Sandy’s October 29, 2012 landfall subject amended. RELATED AGENCIES BUREAU OF SAFETY AND ENVIRONMENTAL to Federal review of documentation of the ENFORCEMENT cost of services provided: Provided further, SOCIAL SECURITY ADMINISTRATION That none of the funds appropriated in this LIMITATION ON ADMINISTRATIVE EXPENSES OIL SPILL RESEARCH paragraph shall be available for costs that For an additional amount for ‘‘Limitation For an additional amount for ‘‘Oil Spill are reimbursed by the Federal Emergency on Administrative Expenses’’, $2,000,000, for Research’’ for necessary expenses related to Management Agency or by insurance: Pro- necessary expenses resulting from Hurricane the consequences of Hurricane Sandy, vided further, That, with respect to the Fed- Sandy: Provided, That such amount is des- $3,000,000, to remain available until Sep- eral interest in real property acquired or on ignated by the Congress as an emergency re- tember 30, 2014: PROVIDED, That such amount which construction or major renovation of quirement pursuant to section 251(b)(2)(A) (i) is designated by the Congress as being for an facilities (as such terms are defined in 45 of the Balanced Budget and Emergency Def- emergency requirement pursuant to section CFR 1309.3) is undertaken with these funds, icit Control Act of 1985, as amended. 251(b)(2)(A)(i) of the Balanced Budget and procedures equivalent to those specified in TITLE IX Emergency Deficit Control Act of 1985. subpart C of 45 CFR part 1309 shall apply: DEPARTMENT OF DEFENSE ENVIRONMENTAL PROTECTION AGENCY Provided further, That such amount is des- ignated by the Congress as being for an MILITARY CONSTRUCTION LEAKING UNDERGROUND STORAGE TANK FUND emergency requirement pursuant to section MILITARY CONSTRUCTION, ARMY NATIONAL For an additional amount for ‘‘Leaking 251(b)(2)(A)(i) of the Balanced Budget and GUARD Underground Storage Tank Fund’’ for nec- Emergency Deficit Control Act of 1985, as For an additional amount for ‘‘Military essary expenses related to the consequences amended. Construction, Army National Guard’’, of Hurricane Sandy, $5,000,000, to remain CHILDREN AND FAMILY SERVICES PROGRAMS $20,457,000, to remain available until Sep- available until September 30, 2014: Provided, For an additional amount for ‘‘Children tember 30, 2014, for necessary expenses re- That such amount is designated by the Con- lated to the consequences of Hurricane gress as being for an emergency requirement and Families Services Programs’’, $85,000,000, for making payments under the Head Start Sandy: Provided, That such funds may be ob- pursuant to section 251 (b) (2) (A) ( i) of the ligated or expended for planning and design Balanced Budget and Emergency Deficit Act in States for which the President de- clared a major disaster under title IV of the and military construction projects not oth- Control Act of 1985. Robert T. Stafford Disaster Relief and Emer- erwise authorized by law: Provided further, TITLE VIII gency Assistance Act as a result of Hurri- That such amount is designated by the Con- gress as being for an emergency requirement DEPARTMENT OF LABOR cane Sandy: Provided, That funds appro- pursuant to section 251(b)(2)(A)(i) of the Bal- priated in this paragraph are not subject to EMPLOYMENT AND TRAINING ADMINISTRATION anced Budget and Emergency Deficit Control the allocation requirements of section 640(a) TRAINING AND EMPLOYMENT SERVICES Act of 1985. of the Head Start Act: Provided further, That For an additional amount for ‘‘Employ- funds appropriated in this paragraph shall be DEPARTMENT OF VETERANS AFFAIRS ment and Training Administration Training available through September 30, 2014 for VETERANS HEALTH ADMINISTRATION and Employment Services’’, $50,000,000 for costs of renovating, repairing, or rebuilding MEDICAL SERVICES the dislocated workers assistance national those Head Start facilities damaged as a re- For an additional amount for ‘‘Medical reserve, which shall be available from the sult of Hurricane Sandy: Provided further, Services’’, $21,000,000, to remain available date of enactment of this Act though Sep- That none of the funds appropriated in this until September 30, 2014, for necessary ex- tember 30, 2013: Provided, That such amount paragraph shall be included in the calcula- penses related to the consequences of Hurri- is designated by the Congress as being for an tion of the ‘‘base grant’’ in subsequent fiscal cane Sandy: Provided, That such amount is emergency requirement pursuant to section years, as such term is used in section designated by the Congress as being for an 251(b)(2)(A)(i) of the Balanced Budget and 640(a)(7)(A) of the Head Start Act: Provided emergency requirement pursuant to section Emergency Deficit Control Act of 1985, as further, That none of the funds appropriated 251(b)(2)(A)(i) of the Balanced Budget and amended. in this paragraph shall be available for costs Emergency Deficit Control Act of 1985. DEPARTMENT OF HEALTH AND HUMAN that are reimbursed by the Federal Emer- MEDICAL FACILITIES SERVICES gency Management Agency or by insurance: For an additional amount for ‘‘Medical Fa- ADMINSITRATION FOR CHILDREN AND FAMILIES Provided further, That such amount is des- cilities’’, $6,000,000, to remain available until SOCIAL SERVICES BLOCK GRANT ignated by the Congress as being for an September 30, 2014, for necessary expenses re- emergency requirement pursuant to section lated to the consequences of Hurricane For an additional amount for ‘‘Social Serv- 251(b)(2)(A)(i) of the Balanced Budget and ices Block Grant’’, $350,000,000, for necessary Sandy: Provided, That such amount is des- Emergency Deficit Control Act of 1985, as ignated by the Congress as being for an expenses resulting from Hurricane Sandy in amended. States for which the President declared a emergency requirement pursuant to section OFFICE OF THE SECRETARY major disaster under title IV of the Robert 251(b)(2)(A)(i) of the Balanced Budget and T. Stafford Disaster Relief and Emergency PUBLIC HEALTH AND SOCIAL SERVICES Emergency Deficit Control Act of 1985. Assistance Act, notwithstanding section 2003 EMERGENCY FUND DEPARTMENTAL ADMINISTRATION and paragraphs (1) and (4) of section 2005(a) (INCLUDING TRANSFER OF FUNDS) INFORMATION TECHNOLOGY SYSTEMS of the Social Security Act: Provided, That, For an additional amount for ‘‘Public For an additional amount for ‘‘Information notwithstanding section 2002 of the SSA, the Health and Social Services Emergency Technology Systems’’, $500,000, for necessary

VerDate Mar 15 2010 06:51 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.048 S19DEPT1 jbell on DSK7SPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — SENATE S8211 expenses related to the consequences of Hur- penses related to disaster relief, long-term ford Disaster Relief and Emergency Assist- ricane Sandy: Provided, That such amount is recovery, restoration of infrastructure and ance Act (42 U.S.C. 5121 et seq.) may adopt, designated by the Congress as being for an housing, and economic revitalization in the without review or public comment, any envi- emergency requirement pursuant to section most impacted and distressed areas resulting ronmental review, approval, or permit per- 251(b)(2)(A)(i) of the Balanced Budget and from a major disaster declared pursuant to formed by a Federal agency, and such adop- Emergency Deficit Control Act of 1985. the Robert T. Stafford Disaster Relief and tion shall satisfy the responsibilities of the Emergency Assistance Act (42 U.S.C. 5121 et CONSTRUCTION, MAJOR PROJECTS recipient with respect to such environmental seq.), due to Hurricane Sandy, for activities review, approval, or permit: Provided further, For an additional amount for ‘‘Construc- authorized under title I of the Housing and That, notwithstanding 42 U.S.C. 5304(g)(2), tion, Major Projects’’, $207,000,000 to remain Community Development Act of 1974 (42 the Secretary may, upon receipt of a request available until September 30, 2017, for ren- U.S.C. 5301 et seq.), $2,000,000,000, to remain for release of funds and certification, imme- ovations and repairs to the Department of available until expended: Provided, That the diately approve the release of funds for an Veterans Affairs Medical Center in Manhat- Secretary shall establish a minimum alloca- activity or project assisted under this head- tan, New York, as a consequence of damage tion for each eligible State declared a major ing if the recipient has adopted an environ- caused by Hurricane Sandy: Provided, That disaster due to Hurricane Sandy: Provided mental review prepared under the National notwithstanding any other provision of law, further, That funds shall be awarded directly Environmental Policy Act of 1969 (42 U.S.C. such funds may be obligated and expended to to the State or unit of general local govern- 4321 et seq.) or the project is categorically carry out planning and design and major ment as a grantee at the discretion of the excluded from further review under the Na- medical facility construction not otherwise Secretary: Provided further, That the Sec- tional Environmental Policy Act of 1969 (42 authorized by law: Provided further, That retary shall allocate to grantees not less U.S.C. 4321 et seq.): Provided further, That a such amount is designated by the Congress than 33 percent of the funds provided under waiver granted by the Secretary may not re- as being for an emergency requirement pur- this heading within 60 days after the enact- duce the percentage of funds which must be suant to section 251(b)(2)(A)(i) of the Bal- ment of this Act based on the best available used for activities that benefit persons of low anced Budget and Emergency Deficit Control data: Provided farther, That prior to the obli- and moderate income to less than 50 percent, Act of 1985. gation of funds, a grantee shall submit a unless the Secretary specifically finds that TITLE X plan to the Secretary for approval detailing there is a compelling need to further reduce the proposed use of all funds, including cri- DEPARTMENT OF TRANSPORTATION or eliminate the percentage requirement: teria for eligibility and how the use of these Provided further, That the Secretary shall FEDERAL HIGHWAY ADMINISTRATION funds will address long-term recovery and publish in the Federal Register any waiver of FEDERAL-AID HIGHWAYS restoration of infrastructure and housing any statute or regulation that the Secretary EMERGENCY RELIEF PROGRAM and economic revitalization in the most im- administers pursuant to title I of the Hous- pacted and distressed areas: Provided further, For an additional amount for the Emer- ing and Community Development Act of 1974 That the Secretary shall by notice specify gency Relief Program as authorized under no later than 5 days before the effective date the criteria for approval of such plans within section 125 of title 23, United States Code, of such waiver: Provided further, That funds 45 days of enactment of this Act: Provided provided under this heading to for-profit en- $444,300,000, to remain available until ex- further, That such funds may not be used for pended: Provided, That such amount is des- terprises may only assist such enterprises activities reimbursable by, or for which that meet the definition of small business as ignated by the Congress as being for an funds are made available by, the Federal emergency requirement pursuant to section defined by the Small Business Administra- Emergency Management Agency or the tion under 13 OFR part 121: Provided further, 251(b)(2)(A)(i) of the Balanced Budget and Army Corps of Engineers: Provided further, Emergency Deficit Control Act of 1985. That notwithstanding the previous proviso, That the final paragraph under the heading funds may be provided to a for-profit enter- FEDERAL RAILROAD ADMINISTRATION Community Development Block Grants in prise, that does not meet such definition of OPERATING SUBSIDY GRANTS TO THE NATIONAL title II of Public Law 105–276 (42 U.S.C. 5305 small business, but which provides a public RAILROAD PASSENGER CORPORATION note) shall not apply to funds provided under benefit, is publicly regulated, and is other- For an additional amount for the Sec- this heading: Provided further, That funds al- wise eligible for assistance under 42 U.S.C. retary to make grants to the National Rail- located under this heading shall not be con- 5301 et seq., and the implementing regula- road Passenger Corporation for costs and sidered relevant to the non-disaster formula tions at 24 CFR Part 570.201(1): Provided fur- losses incurred as a result of Hurricane allocations made pursuant to 42 U.S.C. 5306: ther, That of the funds made available under Sandy, $32,000,000, to remain available until Provided further, That a grantee may use up this heading, up to $10,000,000 may be trans- expended: Provided, That such amount is des- to 5 percent of its allocation for administra- ferred to ‘‘Program Office Salaries and Ex- ignated by the Congress as being for an tive costs:. Provided further, That the Sec- penses, Community Planning and Develop- emergency requirement pursuant to section retary shall require that grantees have es- ment’’ for technical assistance and adminis- 251(b)(2)(A)(i) of the Balanced Budget and tablished procedures to ensure timely ex- trative costs (including information tech- Emergency Deficit Control Act of 1985. penditure of funds and prevent any duplica- nology costs), related solely to admin- tion of benefits as defined by 42 U.S.C. 5155 FEDERAL TRANSIT ADMINISTRATION istering funds available, under this heading and prevent fraud and abuse of funds: Pro- or funds made available under prior appro- PUBLIC TRANSPORTATION EMERGENCY RELIEF vided further, That the Secretary shall pro- priations to the ‘‘Community Development PROGRAM vide grantees with technical assistance on Fund’’ for disaster relief, long-term recov- For the Public Transportation Emergency contracting and procurement processes and ery, or emergency expenses: Provided further, Relief Program as authorized under section shall require grantees, in contracting or pro- That, of the funds made available under this 5324 of title 49, United States Code, curing for management and administration heading, $10,000,000 shall be transferred to $3,400,000,000, to remain available until ex- of these funds, to incorporate performance ‘‘Office of Inspector General’’: Provided fur- pended, for recovery and relief efforts in the requirements and penalties into any such ther, That the amounts provided under this areas most affected by Hurricane Sandy: Pro- contracts or agreements and to maintain in- heading are designated by the Congress as vided, That up to three-quarters of 1 percent formation with respect to performance on being for an emergency requirement pursu- of the funds retained for public transpor- the use of any funds for management and ad- ant to section 251(b)(2)(A)(i) of the Balanced tation emergency relief shall be available for ministrative purposes: Provided further, That Budget and Emergency Deficit Control Act the purposes of administrative expenses and in administering the funds under this head- of 1985. ongoing program management oversight as ing, the Secretary may waive, or specify al- GENERAL PROVISIONS—THIS TITLE authorized under 49 U.S.C. 5334 and 5338(i)(2) ternative requirements for, any provision of SEC. 1001. For fiscal year 2013, upon request and shall be in addition to any other appro- any statute or regulation that the Secretary by a public housing agency and supported by administers in connection with the obliga- priations for such purposes: Provided further, documentation as required by the Secretary tion by the Secretary or the use by the re- That, of the funds made available under this of Housing and Urban Development that heading, $6,000,000 shall be transferred to the cipient of these funds (except for require- demonstrates that the need for the adjust- Office of Inspector General to support the ments related to fair housing, non- ment is due to the disaster, the Secretary oversight of activities funded under this discrimination, labor standards, and the en- may make temporary adjustments to the heading: Provided further, That such amounts vironment), pursuant to a determination by Section 8 housing choice voucher annual re- are designated by the Congress as being for the Secretary that good cause exists for the newal funding allocations and administra- an emergency requirement pursuant to sec- waiver or alternative requirement and that tive fee eligibility determinations for public tion 251(b)(2)(A)(i) of the Balanced Budget such action is not inconsistent with the housing agencies in an area for which the and Emergency Deficit Control Act of 1985. overall purposes of title I of the Housing and President declared a disaster under title IV DEPARTMENT OF HOUSING AND URBAN Community Development Act of 1974 (42 of the Robert T. Stafford Disaster Relief and DEVELOPMENT U.S.C. 5301 et seq.): Provided further, That Emergency Assistance Act (42 U.S.C. 5170 et notwithstanding the previous proviso, recipi- COMMUNITY PLANNING AND DEVELOPMENT seq.), to avoid significant adverse funding ents of funds provided under this heading impacts that would otherwise result from COMMUNITY DEVELOPMENT FUND that use such funds to match or supplement the disaster. For an additional amount for the ‘‘Commu- Federal assistance provided under sections SEC. 1002. The Departments of Transpor- nity Development Fund’’ for necessary ex- 402, 403, 406, 407, or 502 of the Robert T. Staf- tation and Housing and Urban Development

VerDate Mar 15 2010 06:51 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.049 S19DEPT1 jbell on DSK7SPTVN1PROD with S8212 CONGRESSIONAL RECORD — SENATE December 19, 2012 shall submit to the Committees on Appro- sea level rise and coastal flooding that may the date of submission of one or more priations of the House of Representatives be used for the planning referred to in sub- Project Worksheets by an applicant, for en- and the Senate within 45 days after the date section (a), and to encourage coordination gineering services related to the repair, res- of the enactment of this Act a plan for im- and facilitate long-term community resil- toration, reconstruction, or replacement of a plementing the provisions in this chapter, iency. public facility damaged or destroyed by a and updates to such plan on a biannual basis SEC. 1105. Recipients of Federal funds dedi- major disaster and for associated expenses thereafter. cated to reconstruction efforts under this incurred by the applicant on or after April 3, SEC. 1003. None of the funds provided in Act shall, to the greatest extent practicable, 2011. this chapter to the Department of Transpor- ensure that such reconstruction efforts (c) FEMA shall make final payment of the tation or the Department of Housing and maximize the utilization of technologies de- Federal share of projects submitted on Urban Development may be used to make a signed to mitigate future power outages, Project Worksheets by applicants, other grant unless the Secretary of such Depart- continue delivery of vital services and main- than the Worksheets identified in subsection ment notifies the House and Senate Commit- tain the flow of power to facilities critical to (b), as soon as practicable after the date of tees on Appropriations not less than 3 full public health, safety and welfare. The Sec- enactment of this Act. business days before any project, State or lo- retary of Housing and Urban Development as (d) Nothing in this section circumvents re- cality is selected to receive a grant award to- chair of the Hurricane Sandy Rebuilding quirements to determine eligibility for fund- taling $1,000,000 or more is announced by ei- Task Force shall issue appropriate guide- ing under Part 206 of title 44, Code of Federal ther Department or a modal administration. lines to implement this requirement. Regulations, as in effect on the date of en- TITLE XI This Act may be cited as the ‘‘Disaster Re- actment of this Act. lief Appropriations Act, 2013’’. GENERAL PROVISIONS—THIS ACT SA 3395. Mr. REID proposed an SEC. 1101. Each amount appropriated or SA 3392. Mr. CARDIN (for himself amendment to the bill H.R. 1, making made available in this Act is in addition to and Mrs. BOXER) submitted an amend- appropriations for the Department of amounts otherwise appropriated for the fis- ment intended to be proposed by him cal year involved. Defense and the other departments and SEC. 1102. Each amount designated in this to the bill H.R. 1, making appropria- agencies of the Government for the fis- Act by the Congress as an emergency re- tions for the Department of Defense cal year ending September 30, 2011, and quirement pursuant to section 251(b)(2)(A)(i) and the other departments and agen- for other purposes; as follows: of the Balanced Budget and Emergency Def- cies of the Government for the fiscal Strike all after the enacting clause, and in- icit Control Act of 1985 shall be available year ending September 30, 2011, and for sert in lieu thereof: only if the President subsequently so des- other purposes; which was ordered to That the following sums are hereby appro- ignates all such amounts and transmits such lie on the table; as follows: designations to the Congress. priated, out of any money in the Treasury On page 70, lines 8 and 9, strike SEC. 1103. (a) Not later than March 31, 2013, not otherwise appropriated, for fiscal year in accordance with criteria to be established ‘‘$810,000,000, to remain available until ex- 2013, and for other purposes, namely: by the Office of Management and Budget pended,’’ and insert ‘‘$820,000,000, to remain SUPPLEMENTAL APPROPRIATIONS FOR (OMB), Federal agencies shall submit to available until expended, of which $10,000,000 DISASTER ASSISTANCE OMB and to the Committee on Appropria- shall be made available to the Administrator of the Environmental Protection Agency to TITLE I tions of the House of Representatives and of DEPARTMENT OF AGRICULTURE the Senate internal control plans for funds provide State grants for wetland restoration provided by this Act. in areas affected by Hurricane Sandy, with AGRICULTURAL PROGRAMS (b) All programs and activities receiving the grants funds to be used to support flood FARM SERVICE AGENCY mitigation and adaptation to changing funds under this Act shall be deemed to be EMERGENCY CONSERVATION PROGRAM hydrological conditions,’’. ‘‘susceptible to significant improper pay- For necessary expenses for the ‘‘Emer- ments’’ for purposes of the Improper Pay- Mr. CARDIN (for himself gency Conservation Program’’, $25,090,000, to ments Information Act of 2002 (31 U.S.C. 3321 SA 3393. and Ms. LANDRIEU) submitted an remain available until expended, of which note) (IPIA), notwithstanding section 2(a) of $15,000,000 is for expenses resulting from a IPIA. amendment intended to be proposed by him to the bill H.R. 1, making appro- major disaster declared pursuant to the Rob- (c) In accordance with guidance to be ert T. Stafford Disaster Relief and Emer- issued by the Director of OMB, agencies shall priations for the Department of De- gency Assistance Act (42 U.S.C. 5121 et. seq.): identify those grants for which the funds fense and the other departments and Provided, That such amount is designated by provided by this Act should be expended by agencies of the Government for the fis- the Congress as being for an emergency re- the grantees within the 24-month period fol- cal year ending September 30, 2011, and quirement pursuant to section 251(b)(2)(A)(i) lowing the agency’s obligation of funds for for other purposes; which was ordered of the Balanced Budget and Emergency Def- the grant. In the case of such grants, the icit Control Act of 1985. agency shall include a term in the grant to lie on the table; as follows: that: Strike section 501. EMERGENCY FOREST RESTORATION PROGRAM (1) requires the grantee to return to the For necessary expenses for the ‘‘Emer- agency any funds not expended within the 24- SA 3394. Mr. BAUCUS (for himself gency Forest Restoration Program’’, month period; and and Mr. TESTER) submitted an amend- $58,855,000, to remain available until ex- (2) provides that the head of the agency ment intended to be proposed by him pended, of which $49,010,000 is for expenses may, after consultation with the Director of to the bill H.R. 1, making appropria- resulting from a major disaster declared pur- OMB, subsequently issue a waiver of this re- tions for the Department of Defense suant to the Robert T. Stafford Disaster Re- quirement based on a determination by the and the other departments and agen- lief and Emergency Assistance Act (42 U.S.C. head of the agency that exceptional cir- 5121 et. seq.): Provided, That such amount is cumstances exist that justify an extension of cies of the Government for the fiscal designated by the Congress as being for an the period in which the funds must be ex- year ending September 30, 2011, and for emergency requirement pursuant to section pended. other purposes; which was ordered to 251(b)(2)(A)(i) of the Balanced Budget and SEC. 1104. (a) In carrying out activities lie on the table; as follows: Emergency Deficit Control Act of 1985. funded by this Act, Federal agencies, in part- At the appropriate place, insert the fol- CONSERVATION PROGRAMS nership with States, local communities and lowing: NATURAL RESOURCES CONSERVATION SERVICE tribes, shall inform plans for response, recov- SEC. lll. (a) As used in this section— ery, and rebuilding to reduce vulnerabilities (1) the term ‘‘applicant’’ means an entity EMERGENCY WATERSHED PROTECTION PROGRAM from and build long-term resiliency to future that is eligible to apply for assistance under For necessary expenses for the ‘‘Emer- extreme weather events, sea level rise, and a State public assistance grant under the gency Watershed Protection Program’’, coastal flooding. In carrying out activities Robert T. Stafford Disaster Relief and Emer- $125,055,000, to remain available until ex- funded by this Act that involve repairing, re- gency Assistance Act (42 U.S.C. 5121 et seq.) pended, of which $77,085,000 is for expenses building, or restoring infrastructure and re- or the rules issued under that Act, as a re- resulting from a major disaster declared pur- storing land, project sponsors shall consider, sult of the major disaster declaration of suant to the Robert T. Stafford Disaster Re- where appropriate, the increased risks and June 17, 2011 (44032 Federal Register (July 22, lief and Emergency Assistance Act (42 U.S.C. vulnerabilities associated with future ex- 2011)); and 5121 et. seq.): Provided, That unobligated bal- treme weather events, sea level rise and (2) the terms ‘‘FEMA’’ and ‘‘Adminis- ances for the ‘‘Emergency Watershed Protec- coastal flooding. trator’’ mean the Federal Emergency Man- tion Program’’ provided in Public Law 108– (b) Funds made available in this Act shall agement Agency and the Administrator 199, Public Law 109–234, and Public Law 110– be available to develop, in partnership with thereof, respectively. 28 shall be available for the purposes of such State, local and tribal officials, regional pro- program for disasters, and shall remain jections and assessments of future risks and (b) FEMA shall obligate such Federal funds available until expended: Provided further, vulnerabilities to extreme weather events, as are necessary, not later than 30 days after That such amounts are designated by the

VerDate Mar 15 2010 07:24 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.051 S19DEPT1 jbell on DSK7SPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — SENATE S8213 Congress as being for an emergency require- tions of the House of Representatives and the Congress as being for an emergency re- ment pursuant to section 251(b)(2)(A)(i) of the Senate within 45 days after the date of quirement pursuant to section 251(b)(2)(A)(i) the Balanced Budget and Emergency Deficit enactment of this Act: Provided further, That of the Balanced Budget and Emergency Def- Control Act of 1985. such amount is designated by the Congress icit Control Act of 1985. DOMESTIC FOOD PROGRAMS as being for an emergency requirement pur- RELATED AGENCIES suant to section 251(b)(2)(A)(i) of the Bal- FOOD AND NUTRITION SERVICE LEGAL SERVICES CORPORATION anced Budget and Emergency Deficit Control COMMODITY ASSISTANCE PROGRAM PAYMENT TO THE LEGAL SERVICES Act of 1985. For an additional amount for the emer- CORPORATION DEPARTMENT OF JUSTICE gency food assistance program as authorized For an additional amount for ‘‘Legal Serv- by section 27(a) of the Food and Nutrition GENERAL ADMINISTRATION ices Corporation, Payment to the Legal Act of 2008 (7 U.S.C. 2036(a)) and section OFFICE OF INSPECTOR GENERAL Services Corporation’’ to carry out the pur- 204(a)(1) of the Emergency Food Assistance For an additional amount for ‘‘General Ad- poses of the Legal Services Corporation Act Act of 1983 (7 U.S.C. 7508(a)(1)), $15,000,000, to ministration, Office of Inspector General’’ by providing for necessary expenses related remain available through September 30, 2014: for necessary expenses related to the con- to the consequences of Hurricane Sandy, Provided, That notwithstanding any other sequences of Hurricane Sandy, $20,000, to re- $1,000,000, to remain available until Sep- provisions of the Emergency Food Assistance main available until September 30, 2013: Pro- tember 30, 2013: Provided, That the amount Act of 1983 (the ‘‘Act’’), the Secretary may vided, That such amount is designated by the made available under this heading shall be allocate additional foods and funds for ad- Congress as being for an emergency require- used only to provide the mobile resources, ministrative expenses from resources specifi- ment pursuant to section 251(b)(2)(A)(i) of technology, and disaster coordinators nec- cally appropriated, transferred, or repro- the Balanced Budget and Emergency Deficit essary to provide storm-related services to grammed to restore to states resources used Control Act of 1985. the Legal Services Corporation client popu- lation and only in the areas significantly af- to assist families and individuals displaced FEDERAL BUREAU OF INVESTIGATION by Hurricane Sandy among the states with- fected by Hurricane Sandy: Provided further, SALARIES AND EXPENSES out regard to sections 204 and 214 of the Act: That such amount is designated by the Con- Provided further, That such amount is des- For an additional amount for ‘‘Federal Bu- gress as being for an emergency requirement ignated by the Congress as being for an reau of Investigation, Salaries and Ex- pursuant to section 251(b)(2)(A)(i) of the Bal- emergency requirement pursuant to section penses’’ for necessary expenses related to the anced Budget and Emergency Deficit Control 251(b)(2)(A)(i) of the Balanced Budget and consequences of Hurricane Sandy, $4,000,000, Act of 1985: Provided further, That none of the Emergency Deficit Control Act of 1985 (Pub- to remain available until September 30, 2013: funds appropriated in this Act to the Legal lic Law 99–177), as amended. Provided, That such amount is designated by Services Corporation shall be expended for the Congress as being for an emergency re- any purpose prohibited or limited by, or con- TITLE II quirement pursuant to section 251(b)(2)(A)(i) trary to any of the provisions of, sections DEPARTMENT OF COMMERCE of the Balanced Budget and Emergency Def- 501, 502, 503, 504, 505, and 506 of Public Law NATIONAL OCEANIC AND ATMOSPHERIC icit Control Act of 1985. 105–119, and all funds appropriated in this ADMINISTRATION DRUG ENFORCEMENT ADMINISTRATION Act to the Legal Services Corporation shall OPERATIONS, RESEARCH, AND FACILITIES be subject to the same terms and conditions SALARIES AND EXPENSES For an additional amount for ‘‘Operations, set forth in such sections, except that all ref- For an additional amount for ‘‘Drug En- erences in sections 502 and 503 to 1997 and Research, and Facilities’’, $373,000,000 to re- forcement Administration, Salaries and Ex- main available until September 30, 2014, as 1998 shall be deemed to refer instead to 2012 penses’’ for necessary expenses related to the and 2013, respectively, and except that sec- follows— consequences of Hurricane Sandy, $1,000,000, (1) $6,200,000 to repair and replace ocean ob- tions 501 and 503 of Public Law 104–134 (ref- to remain available until September 30, 2013: erenced by Public Law 105–119) shall not serving and coastal monitoring assets dam- Provided, That such amount is designated by aged by Hurricane Sandy; apply to the amount made available under the Congress as being for an emergency re- this heading. (2) $10,000,000 to repair and improve weath- quirement pursuant to section 251(b)(2)(A)(i) TITLE III er forecasting capabilities and infrastruc- of the Balanced Budget and Emergency Def- ture; icit Control Act of 1985. DEPARTMENT OF DEFENSE (3) $150,000,000 to evaluate, stabilize and re- DEPARTMENT OF DEFENSE—MILITARY BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND store coastal ecosystems affected by Hurri- OPERATION AND MAINTENANCE cane Sandy; EXPLOSIVES OPERATION AND MAINTENANCE, ARMY (4) $56,800,000 for mapping, charting, dam- SALARIES AND EXPENSES age assessment, and marine debris coordina- For an additional amount for ‘‘Bureau of For an additional amount for ‘‘Operation tion and remediation; and Alcohol, Tobacco, Firearms and Explosives, and Maintenance, Army’’, $5,370,000, to re- (5) $150,000,000, for necessary expenses re- Salaries and Expenses’’ for necessary ex- main available until September 30, 2013, for lated to fishery disasters as declared by the penses related to the consequences of Hurri- necessary expenses related to the con- Secretary of Commerce in calendar year 2012: cane Sandy, $230,000, to remain available sequences of Hurricane Sandy: Provided, Provided, That the National Oceanic and At- until September 30, 2013: Provided, That such That such amount is designated by the Con- mospheric Administration shall submit a amount is designated by the Congress as gress as being for an emergency requirement spending plan to the Committees on Appro- being for an emergency requirement pursu- pursuant to section 251(b)(2)(A)(i) of the Bal- priations of the House of Representatives ant to section 251(b)(2)(A)(i) of the Balanced anced Budget and Emergency Deficit Control and the Senate within 45 days after the date Budget and Emergency Deficit Control Act Act of 1985. of enactment of this Act: Provided further, of 1985. OPERATION AND MAINTENANCE, NAVY That such amount is designated by the Con- FEDERAL PRISON SYSTEM For an additional amount for ‘‘Operation gress as being for an emergency requirement and Maintenance, Navy’’, $40,015,000, to re- BUILDINGS AND FACILITIES pursuant to section 251(b)(2)(A)(i) of the Bal- main available until September 30, 2013, for anced Budget and Emergency Deficit Control For an additional amount for ‘‘Federal necessary expenses related to the con- Act of 1985. Prison System, Buildings and Facilities’’ for sequences of Hurricane Sandy: Provided, necessary expenses related to the con- PROCUREMENT, ACQUISITION AND CONSTRUCTION That such amount is designated by the Con- sequences of Hurricane Sandy, $10,000,000, to For an additional amount for ‘‘Procure- gress as being for an emergency requirement remain available until expended: Provided, pursuant to section 251(b)(2)(A)(i) of the Bal- ment, Acquisition and Construction’’, That such amount is designated by the Con- $109,000,000, to remain available until Sep- anced Budget and Emergency Deficit Control gress as being for an emergency requirement Act of 1985. tember 30, 2015, as follows— pursuant to section 251(b)(2)(A)(i) of the Bal- OPERATION AND MAINTENANCE, AIR FORCE (1) $47,000,000 for the Coastal and Estuarine anced Budget and Emergency Deficit Control For an additional amount for ‘‘Operation Land Conservation Program to support State Act of 1985. and local restoration in areas affected by and Maintenance, Air Force’’, $8,500,000, to Hurricane Sandy; SCIENCE remain available until September 30, 2013, for (2) $9,000,000 to repair National Oceanic and NATIONAL AERONAUTICS AND SPACE necessary expenses related to the con- Atmospheric Administration (NOAA) facili- ADMINISTRATION sequences of Hurricane Sandy: Provided, ties damaged by Hurricane Sandy; CONSTRUCTION AND ENVIRONMENTAL That such amount is designated by the Con- (3) $44,500,000 for repairs and upgrades to COMPLIANCE AND RESTORATION gress as being for an emergency requirement NOAA hurricane reconnaissance aircraft; For an additional amount for ‘‘Construc- pursuant to section 251(b)(2)(A)(i) of the Bal- and tion and Environmental Compliance and anced Budget and Emergency Deficit Control (4) $8,500,000 for improvements to weather Restoration’’ for repair at National Aero- Act of 1985. forecasting equipment and supercomputer nautics and Space Administration facilities OPERATION AND MAINTENANCE, ARMY infrastructure: damaged by Hurricane Sandy, $15,000,000, to NATIONAL GUARD Provided, That NOAA shall submit a spend- remain available until September 30, 2018: For an additional amount for ‘‘Operation ing plan to the Committees on Appropria- Provided, That such amount is designated by and Maintenance, Army National Guard’’,

VerDate Mar 15 2010 06:51 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.029 S19DEPT1 jbell on DSK7SPTVN1PROD with S8214 CONGRESSIONAL RECORD — SENATE December 19, 2012 $3,165,000, to remain available until Sep- this report to the Committees on Appropria- that were under construction and damaged tember 30, 2013, for necessary expenses re- tions of the House of Representatives and by the impacts of Hurricane Sandy: Provided lated to the consequences of Hurricane the Senate within 120 days of enactment of further, That any projects using funds appro- Sandy: Provided, That such amount is des- this Act: Provided further, That the amounts priated under this heading shall be initiated ignated by the Congress as being for an in this paragraph are designated by the Con- only after non-Federal interests have en- emergency requirement pursuant to section gress as being for an emergency requirement tered into binding agreements with the Sec- 251(b)(2)(A)(i) of the Balanced Budget and pursuant to section 251(b)(2)(A)(i) of the Bal- retary requiring the non-Federal interests to Emergency Deficit Control Act of 1985. anced Budget and Emergency Deficit Control pay 100 percent of the operation, mainte- OPERATION AND MAINTENANCE, AIR NATIONAL Act of 1985: Provided further, That the Assist- nance, repair, replacement, and rehabilita- GUARD ant Secretary of the Army for Civil Works tion costs of the project and to hold and save shall provide a monthly report to the Com- the United States free from damages due to For an additional amount for ‘‘Operation mittees on Appropriations of the House of the construction or operation and mainte- and Maintenance, Air National Guard’’, Representatives and the Senate detailing the nance of the project, except for damages due $5,775,000, to remain available until Sep- allocation and obligation of these funds, be- to the fault or negligence of the United tember 30, 2013, for necessary expenses re- ginning not later than 60 days after enact- States or its contractors: Provided further, lated to the consequences of Hurricane ment of this Act. That the amounts in this paragraph are des- Sandy: Provided, That such amount is des- CONSTRUCTION ignated by the Congress as being for an ignated by the Congress as being for an (INCLUDING TRANSFER OF FUNDS) emergency requirement pursuant to section emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and For an additional amount for ‘‘Construc- 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Pro- tion’’ to rehabilitate, repair and construct Emergency Deficit Control Act of 1985. vided further, That the Assistant Secretary of U.S. Army Corps of Engineers projects re- PROCUREMENT the Army for Civil Works shall submit to the lated to the consequences of natural disas- Committees on Appropriations of the House PROCUREMENT OF AMMUNITION, ARMY ters, $3,461,000,000, to remain available until of Representatives and the Senate a monthly For an additional amount for ‘‘Procure- expended: Provided, That $2,902,000,000 of the report detailing the allocation and obliga- ment of Ammunition, Army’’, $1,310,000, to funds provided under this heading shall be remain available until September 30, 2015, for tion of these funds, beginning not later than used to reduce future flood risk in ways that 60 days after the date of the enactment of necessary expenses related to the con- will support the long-term sustainability of this Act. sequences of Hurricane Sandy: Provided, the coastal ecosystem and communities and OPERATION AND MAINTENANCE That such amount is designated by the Con- reduce the economic costs and risks associ- gress as being for an emergency requirement ated with large-scale flood and storm events For an additional amount for ‘‘Operation pursuant to section 251(b)(2)(A)(i) of the Bal- that occurred in 2012 along the Gulf Coast and Maintenance’’, $821,000,000, to remain anced Budget and Emergency Deficit Control and Atlantic Coast within the boundaries of available until expended to dredge Federal Act of 1985. the North Atlantic and Mississippi Valley navigation channels and repair damage to Corps projects nationwide related to natural REVOLVING AND MANAGEMENT FUNDS Divisions of the Corps that were affected by disasters: Provided, That such amount is des- DEFENSE WORKING CAPITAL FUNDS Hurricanes Sandy and Isaac: Provided further, That efforts using these funds shall incor- ignated by the Congress as being for an For an additional amount for ‘‘Defense porate current science and engineering emergency requirement pursuant section Working Capital Funds’’, $24,200,000, to re- standards in constructing previously author- 251(b)(2)(A)(i) of the Balanced Budget and main available until September 30, 2013, for ized Corps projects designed to reduce flood Emergency Deficit Control Act of 1985: Pro- necessary expenses related to the con- and storm damage risks and modifying exist- vided further, That the Assistant Secretary of sequences of Hurricane Sandy: Provided, ing Corps projects that do not meet these the Army for Civil Works shall provide a monthly report to the Committees on Appro- That such amount is designated by the Con- standards, with such modifications as the priations of the House of Representatives gress as being for an emergency requirement Secretary determines are necessary to incor- and the Senate detailing the allocation and pursuant to section 251(b)(2)(A)(i) of the Bal- porate these standards or to meet the goal of obligation of these funds, beginning not later anced Budget and Emergency Deficit Control providing sustainable reduction to flooding than 60 days after enactment of this Act. Act of 1985. and storm damage risks: Provided further, TITLE IV That any project that is under study by the FLOOD CONTROL AND COASTAL EMERGENCIES DEPARTMENT OF DEFENSE—CIVIL Corps for reducing flooding and storm dam- For an additional amount for ‘‘Flood Con- trol and Coastal Emergencies’’, $1,008,000,000, DEPARTMENT OF THE ARMY age risks and that the Corps studies dem- onstrate will cost-effectively reduce those to remain available until expended to pre- CORPS OF ENGINEERS—CIVIL risks is hereby authorized: Provided further, pare for flood, hurricane, and other natural INVESTIGATIONS That local interests shall provide all lands, disasters and support emergency operations, For an additional amount for ‘‘Investiga- easements, rights-of-way, relocations and repairs and other activities in response to tions’’ to expedite studies of flood and storm disposal areas (LERRDs) necessary for flood, hurricanes or other natural disasters damage reduction related natural disasters, projects using these funds at no cost to the as authorized by law: Provided, That $50,000,000 at full Federal expense, to remain Government: Provided further, That cost $430,000,000 of the funds provided herein shall available until expended: Provided, That sharing for implementation of any projects be utilized by the Corps to restore projects using $34,500,000 of the funds provided herein, using these funds shall be 90 percent Federal impacted by Hurricane Sandy in the North the Secretary shall expedite and complete and 10 percent non-Federal exclusive of Atlantic Division of the U.S. Army Corps of ongoing flood and storm damage reduction LERRDs: Provided further, That the non-Fed- Engineers to design profiles of the author- studies in areas that were impacted by Hur- eral cash contribution for projects using ized projects: Provided further, That the pro- ricanes Sandy and Isaac in the North Atlan- these funds shall be financed in accordance visions of section 902 of the Water Resources tic and Mississippi Valley Divisions of the with the provisions of section 103(k) of Pub- Development Act of 1986 shall not apply to U.S. Army Corps of Engineers: Provided fur- lic Law 99–662 over a period of 30 years from funds provided under this heading: Provided ther, That using up to $15,000,000 of the funds the date of completion of the project or sepa- further, That the amounts in this paragraph provided herein, the Secretary shall support rable element: Provided further, That for are designated by the Congress as being for an interagency planning process in conjunc- these projects, the provisions of section 902 an emergency requirement pursuant to sec- tion with State, local and Tribal officials to of the Water Resources Development Act of tion 251(b)(2)(A)(i) of the Balanced Budget develop plans to address the flood risks of 1986 shall not apply to these funds: Provided and Emergency Deficit Control Act of 1985: vulnerable coastal populations, including in- further, That the Secretary may transfer up Provided further, That the Assistant Sec- novative approaches to promote the long- to $499,000,000 of the funds provided under retary of the Army for Civil Works shall pro- term sustainability of the coastal eco- this heading to other U.S. Army Corps of En- vide a monthly report to the Committees on systems and communities to reduce the eco- gineers Accounts to address damages from Appropriations of the House of Representa- nomic costs and risks associated with large- previous natural disasters following normal tives and the Senate detailing the allocation scale flood and storm events: Provided fur- policies and cost sharing: Provided further, and obligation of these funds, beginning not ther, That using $500,000 of the funds provided That the Committees on Appropriations of later than 60 days after enactment of this herein, the Secretary shall conduct an eval- the House of Representatives and the Senate Act. uation of the performance of existing shall be notified at least 15 days in advance EXPENSES projects constructed by the U.S. Army Corps of any such transfer: Provided further, That For an additional amount for ‘‘Expenses’’ of Engineers and impacted by Hurricane up to $51,000,000 of the funds provided under for increased efforts to oversee emergency Sandy for the purposes of determining their this heading shall be used to expedite con- response and recovery activities related to effectiveness and making recommendations tinuing authorities projects along the coast- natural disasters, $10,000,000, to remain for improvements thereto: Provided further, al areas in States impacted by Hurricane available until expended: Provided, That such That as a part of the study, the Secretary Sandy within the boundaries of the North amount is designated by the Congress as shall identify institutional and other bar- Atlantic Division: Provided further, That being for an emergency requirement pursu- riers to providing comprehensive protection $9,000,000 of the funds provided under this ant section 251(b)(2)(A)(i) of the Balanced to affected coastal areas and shall provide heading shall be used for repairs to projects Budget and Emergency Deficit Control Act

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of 1985: Provided further, That the Assistant OFFICE OF INSPECTOR GENERAL erty to be replaced, with associated costs, Secretary of the Army for Civil Works shall For an additional amount for ‘‘Office of In- shall be submitted to the Committees on Ap- provide a monthly report to the Committees spector General’’ for necessary expenses re- propriations of the Senate and the House of on Appropriations of the House of Represent- lated to the consequences of Hurricane Representatives no later than 90 days after atives and the Senate detailing the alloca- Sandy and other disasters, $5,000,000, to re- the date of enactment of this Act. tion and obligation of these funds, beginning main available until expended: Provided, U.S. IMMIGRATION AND CUSTOMS not later than 60 days after enactment of That such amount is designated by the Con- ENFORCEMENT this Act. gress as being for an emergency requirement SALARIES AND EXPENSES TITLE V pursuant to section 251(b)(2)(A)(i) of the Bal- For an additional amount for ‘‘Salaries INDEPENDENT AGENCIES anced Budget and Emergency Deficit Control and Expenses’’ for necessary expenses related GENERAL SERVICES ADMINISTRATION Act of 1985. to the consequences of Hurricane Sandy, REAL PROPERTY ACTIVITIES DISASTER LOANS PROGRAM ACCOUNT $855,000: Provided, That such amount is des- FEDERAL BUILDINGS FUND (INCLUDING TRANSFER OF FUNDS) ignated by the Congress as being for an For an additional amount to be deposited For an additional amount for ‘‘Disaster emergency requirement pursuant to section in the ‘‘Federal Buildings Fund’’, $7,000,000, Loans Program Account’’ for the cost of di- 251(b)(2)(A)(i) of the Balanced Budget and to remain available until expended, notwith- rect loans authorized by section 7(b) of the Emergency Deficit Control Act of 1985: Pro- standing 40 U.S.C. 3307, for necessary ex- Small Business Act, for necessary expenses vided further, That a description of all prop- penses related to the consequences of Hurri- related to Hurricane Sandy and other disas- erty to be replaced, with associated costs, cane Sandy, including repair and alteration ters, $500,000,000, to remain available until shall be submitted to the Committees on Ap- of buildings under the custody and control of expended: Provided, That such costs, includ- propriations of the Senate and the House of the Administrator of General Services, and ing the cost of modifying such loans, shall be Representatives no later than 90 days after real property management and related ac- as defined in section 502 of the Congressional the date of enactment of this Act. tivities not otherwise provided for: Provided, Budget Act of 1974: Provided further, That in COAST GUARD That such amount is designated by the Con- addition, for administrative expenses to ACQUISITION, CONSTRUCTION, AND gress as being for an emergency requirement carry out the direct loan program authorized IMPROVEMENTS pursuant to section 251(b)(2)(A)(i) of the Bal- by section 7(b) of the Small Business Act in (INCLUDING TRANSFER OF FUNDS) anced Budget and Emergency Deficit Control response to Hurricane Sandy and other disas- For an additional amount for ‘‘Acquisition, Act of 1985. ters, $260,000,000, to remain available until Construction, and Improvements’’ for nec- SMALL BUSINESS ADMINISTRATION expended, of which $250,000,000 is for direct essary expenses related to the consequences SALARIES AND EXPENSES administrative expenses of loan making and of Hurricane Sandy, $274,233,000, to remain servicing to carry out the direct loan pro- For an additional amount for ‘‘Salaries available until September 30, 2017: Provided, gram, which may be transferred to and and Expenses’’, $40,000,000, to remain avail- That such amount is designated by the Con- merged with the appropriations for Salaries able until September 30, 2014, of which gress as being for an emergency requirement and Expenses; and of which $10,000,000 is for $20,000,000 is for grants to or cooperative pursuant to section 251(b)(2)(A)(i) of the Bal- indirect administrative expenses for the di- agreements with organizations to provide anced Budget and Emergency Deficit Control rect loan program, which may be transferred technical assistance related to disaster re- Act of 1985: Provided further, That notwith- to and merged with the appropriations for covery, response, and long-term resiliency to standing the transfer limitation contained in Salaries and Expenses: Provided further, That small businesses that are recovering from section 503 of division D of Public Law 112–74, such amounts are designated by the Congress Hurricane Sandy; and of which $20,000,000 is such funding may be transferred to other as being for an emergency requirement pur- for grants or cooperative agreements for Coast Guard appropriations after notifica- suant to section 251(b)(2)(A)(i) of the Bal- public-private partnerships to provide long- tion as required in accordance with such sec- anced Budget and Emergency Deficit Control term economic development assistance to in- tion: Provided further, That a description all Act of 1985. dustries and/or regions affected by Hurricane facilities and property to be reconstructed Sandy through economic development initia- GENERAL PROVISIONS—THIS TITLE and restored, with associated costs and time tives, including innovation clusters, industry SEC. 501. Section 411(a)(1) of the Small lines, shall be submitted to the Committees accelerators, supply-chain support, commer- Business Investment Act of 1958 (15 U.S.C. on Appropriations of the Senate and the cialization, and workforce development: Pro- 694b(a)(1)) is amended by striking ‘‘$2,000,000’’ House of Representatives no later than 90 vided, That the Small Business Administra- and inserting ‘‘$5,000,000’’. days after the date of enactment of this Act. tion (SBA) shall expedite the delivery of as- SEC. 502. Section 7(d)(6) of the Small Busi- UNITED STATES SECRET SERVICE sistance in disaster-affected areas by award- ness Act (15 U.S.C. 636(d)(6)) is amended by SALARIES AND EXPENSES ing grants or cooperative agreements for inserting after ‘‘which are made under para- For an additional amount for ‘‘Salaries technical assistance only to current recipi- graph (1) of subsection (b)’’ the following: ‘‘: and Expenses’’ for necessary expenses related ents of SBA grants or cooperative agree- Provided further, That the Administrator, in to the consequences of Hurricane Sandy, ments using a streamlined application proc- obtaining the best available collateral for a $300,000: Provided, That such amount is des- ess that relies, to the maximum extent prac- loan of not more than $200,000 under para- ignated by the Congress as being for an ticable, upon previously submitted docu- graph (1) or (2) of subsection (b) relating to emergency requirement pursuant to section mentation: Provided further, That the Admin- damage to or destruction of the property of, 251(b)(2)(A)(i) of the Balanced Budget and istrator of the Small Business Administra- or economic injury to, a small business con- Emergency Deficit Control Act of 1985: Pro- tion shall waive the matching requirements cern, shall not require the owner of the small vided further, That a description of all prop- under section 21(a)(4)(A) and 29(c) of the business concern to use the primary resi- erty to be replaced, with associated costs, Small Business Act for any grant made using dence of the owner as collateral if the Ad- shall be submitted to the Committees on Ap- funds made available under this heading: ministrator determines that the owner has propriations of the Senate and the House of Provided further, That in designing appro- other assets with a value equal to or greater Representatives no later than 90 days after priate economic development initiatives and than the amount of the loan that could be the date of enactment of this Act. identifying those regions and industries used as collateral for the loan: Provided fur- FEDERAL EMERGENCY MANAGEMENT AGENCY most affected by Hurricane Sandy, the SBA ther, That nothing in the preceding proviso shall work with other Federal agencies, may be construed to reduce the amount of DISASTER RELIEF FUND State and local economic development enti- collateral required by the Administrator in (INCLUDING TRANSFER OF FUNDS) ties, institutions of higher learning, and pri- connection with a loan described in the pre- For an additional amount for the ‘‘Disaster vate sector partners: Provided further, That ceding proviso or to modify the standards Relief Fund’’ in carrying out the Robert T. grants or cooperative agreements for public- used to evaluate the quality (rather than the Stafford Disaster Relief and Emergency As- private partnerships may be awarded to pub- type) of such collateral’’. sistance Act (42 U.S.C. 5121 et seq.), lic or private nonprofit organizations, or any TITLE VI $11,487,735,000, to remain available until ex- combination thereof: Provided further, That DEPARTMENT OF HOMELAND SECURITY pended: Provided, That of the total amount no later than 30 days after the date of enact- provided, $5,379,000,000 shall be for major dis- ment of this Act, or no less than 7 days prior U.S. CUSTOMS AND BORDER PROTECTION asters declared pursuant to the Robert T. to obligation of funds, whichever occurs ear- SALARIES AND EXPENSES Stafford Disaster Relief and Emergency As- lier, the SBA shall submit to the Commit- For an additional amount for ‘‘Salaries sistance Act (42 U.S.C. 5121 et seq.): Provided tees on Appropriations of the House of Rep- and Expenses’’ for necessary expenses related further, That the amount in the previous pro- resentatives and the Senate a detailed ex- to the consequences of Hurricane Sandy, viso is designated by the Congress as being penditure plan for funds provided under this $1,667,000: Provided, That such amount is des- for disaster relief pursuant to section heading: Provided further, That such amounts ignated by the Congress as being for an 251(b)(2)(D) of the Balanced Budget and are designated by the Congress as being for emergency requirement pursuant to section Emergency Deficit Control Act of 1985: Pro- an emergency requirement pursuant to sec- 251(b)(2)(A)(i) of the Balanced Budget and vided further, That of the total amount pro- tion 251(b)(2)(A)(i) of the Balanced Budget Emergency Deficit Control Act of 1985: Pro- vided, $6,108,735,000 is designated by the Con- and Emergency Deficit Control Act of 1985. vided further, That a description of all prop- gress as being for an emergency requirement

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pursuant to section 251(b)(2)(A)(i) of the Bal- SEC. 603. For determinations regarding ered hazard mitigation land if the Adminis- anced Budget and Emergency Deficit Control compliance with codes and standards under trator and the Chief of Engineers determine, Act of 1985 which shall be for major disasters the Federal Emergency Management Agency through a process established by the Admin- declared pursuant to the Robert T. Stafford Public Assistance program (42 U.S.C. 5172), istrator and Chief of Engineers and funded Disaster Relief and Emergency Assistance the Administrator of the Federal Emergency entirely by the State, local, or tribal govern- Act (42 U.S.C. 5121 et seq.): Provided further, Management Agency, for major disasters de- ment seeking to construct the proposed That of the total amount provided, $3,000,000 clared on or after August 27, 2011, shall con- levee, that— shall be transferred to the Department of sider eligible the costs required to comply (1) construction of the proposed permanent Homeland Security ‘‘Office of Inspector Gen- with a State’s Stream Alteration General flood risk reduction levee would more effec- eral’’ for audits and investigations related to Permit process, including any design stand- tively mitigate against flooding risk than an disasters. ards required to be met as a condition of per- open floodplain or other flood risk reduction DISASTER ASSISTANCE DIRECT LOAN PROGRAM mit issuance. measures; ACCOUNT SEC. 604. Notwithstanding any other provi- (2) the proposed permanent flood risk re- For an additional amount for the cost of sion of law, the Administrator of the Federal duction levee complies with Federal, State, direct loans, $300,000,000, to remain available Emergency Management may recommend to and local requirements, including mitigation until expended, as authorized by section 417 the President an increase in the Federal cost of adverse impacts and implementation of of the Robert T. Stafford Disaster Relief and share of the eligible cost of permanent work floodplain management requirements, which Emergency Assistance Act (42 U.S.C. 5184), of under section 406 and of emergency work shall include an evaluation of whether the which up to $4,000,000 is for administrative under section 403 and section 407 of the Rob- construction, operation, and maintenance of expenses to carry out the direct loan pro- ert T. Stafford Disaster Relief and Emer- the proposed levee would continue to meet gram: Provided, That such costs, including gency Assistance Act (42 U.S.C. 5172) for best available industry standards and prac- the cost of modifying such loans, shall be as damages resulting from Hurricane Sandy tices and would be the most cost-effective defined in section 502 of the Congressional without delay. measure to protect against the assessed flood Budget Act of 1974: Provided further, That SEC. 605. In administering the funds made risk and minimizes future costs to the Fed- these funds are available to subsidize gross available to address any major disaster de- eral Government; (3) the State, local, or tribal government obligations for the principal amount of di- clared during the period beginning on August seeking to construct the proposed levee has rect loans not to exceed $400,000,000: Provided 27, 2011 and ending on December 5, 2012, the provided an adequate maintenance plan that further, That these amounts are designated Administrator of the Federal Emergency documents the procedures the State, local, by the Congress as an emergency require- Management Agency shall establish a pilot or tribal government will use to ensure that ment pursuant to section 251(b)(2)(A)(i) of program for the relocation of State facilities the stability, height, and overall integrity of the Balanced Budget and Emergency Deficit under section 406 of the Robert T. Stafford the proposed levee and the structure and sys- Control Act of 1985. Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172), under which the Admin- tems of the proposed levee are maintained, SCIENCE AND TECHNOLOGY istrator may waive, or specify alternative re- including— RESEARCH, DEVELOPMENT, ACQUISITION, AND quirements for, any regulation the Adminis- (A) specifying the maintenance activities OPERATIONS trator administers to provide assistance, to be performed; For an additional amount for ‘‘Research, consistent with the National Environmental (B) specifying the frequency with which Development, Acquisition, and Operations’’ Policy Act of 1969 (42 U.S.C. 4321 et seq.), for maintenance activities will be performed; for necessary expenses related to the con- the permanent relocation of State facilities, (C) specifying the person responsible for sequences of Hurricane Sandy, $3,249,000, to including administrative office buildings, performing each maintenance activity (by remain available until September 30, 2017: medical facilities, laboratories, and related name or title); Provided, That such amount is designated by operating infrastructure (including heat, (D) detailing the plan for financing the the Congress as being for an emergency re- sewage, mechanical, electrical, and plumb- maintenance of the levee; and (E) documenting the ability of the State, quirement pursuant to section 251(b)(2)(A)(i) ing), that were significantly damaged as a local, or tribal government to finance the of the Balanced Budget and Emergency Def- result of the major disaster, are subject to maintenance of the levee. icit Control Act of 1985. flood risk, and are otherwise eligible for re- (c) MAINTENANCE CERTIFICATION.— DOMESTIC NUCLEAR DETECTION OFFICE pair, restoration, reconstruction, or replace- (1) IN GENERAL.—A State, local, or tribal SYSTEMS ACQUISITION ment under section 406 of that Act, if the Ad- government that constructs a permanent For an additional amount for ‘‘Systems ministrator determines that such relocation flood risk reduction levee under subsection Acquisition’’ for necessary expenses related is practicable, and will be cost effective or (b) shall submit to the Administrator and to the consequences of Hurricane Sandy for more appropriate than repairing, restoring, the Chief of Engineers an annual certifi- replacing or repairing U.S. Customs and Bor- reconstructing, or replacing the facility in cation indicating whether the State, local, der Protection equipment, $3,869,000, to re- its pre-disaster location, and if such reloca- or tribal government is in compliance with main available until September 30, 2015: Pro- tion will effectively mitigate the flood risk the maintenance plan provided under sub- vided, That such amount is designated by the to the facility. section (b)(3). Congress as being for an emergency require- LEVEES (2) REVIEW.—The Chief of Engineers shall ment pursuant to section 251(b)(2)(A)(i) of SEC. 606. (a) DEFINITIONS.—In this section— review a certification submitted under para- the Balanced Budget and Emergency Deficit (1) the term ‘‘Administrator’’ means the graph (1) and determine whether the State, Control Act of 1985. Administrator of the Federal Emergency local, or tribal government has complied GENERAL PROVISIONS—THIS TITLE Management Agency; and with the maintenance plan. SEC. 601. (a) Section 1309(a) of the National (2) the term ‘‘covered hazard mitigation SEC. 607. The Administrator of the Federal Flood Insurance Act of 1968 (42 U.S.C. 4016(a)) land’’ means land— Emergency Management Agency shall cancel is amended by striking ‘‘$20,725,000,000’’ and (A) acquired and deed restricted under sec- the liquidated balances of all remaining inserting ‘‘$30,425,000,000’’. tion 404(b) of the Robert T. Stafford Disaster uncancelled or partially cancelled loans dis- (b) The amount provided by this section is Relief and Emergency Assistance Act (42 bursed under the Community Disaster Loan designated by the Congress as an emergency U.S.C. 5170c(b)) before, on, or after the date Act of 2005 (Public Law 109–88) and the Emer- requirement pursuant to section of enactment of this Act; and gency Supplemental Appropriations Act for 251(b)(2)(A)(i) of the Balanced Budget and (B) that is located— Defense, the Global War on Terror, and Hur- Emergency Deficit Control Act of 1985 and as (i) in a West North Central State; and ricane Recovery, 2006 (Public Law 109–234), as an emergency requirement pursuant to sec- (ii) in a community that— amended by section 4502 of the U.S. Troop tion 4(g) of the Statutory Pay-As-You-Go (I) is participating in the National Flood Readiness, Veterans’ Care, Katrina Recov- Act of 2010. Insurance Program on the date on which a ery, and Iraq Accountability Appropriations (c) EFFECTIVE DATE.—The amendment State, local, or tribal government submits Act, 2007 (Public Law 110–28) to the extent made by subsection (a) shall be considered to an application requesting to construct a per- that revenues of the local government during have taken effect on December 12, 2012. manent flood risk reduction levee under sub- the period following the major disaster are SEC. 602. The Administrator of the Federal section (b); and insufficient to meet the budget of the local Emergency Management Agency, in coopera- (II) certifies to the Administrator and the government, including additional disaster- tion with representatives of State, tribal, Chief of Engineers that the community will related expenses of a municipal character. In and local governments may give greater continue to participate in the National calculating a community’s revenues while weight to the factors considered under sec- Flood Insurance Program. determining cancellation, the Administrator tion 206.48(b)(3) of title 44, Code of Federal (b) AUTHORITY.—Notwithstanding clause (i) shall exclude revenues for special districts Regulations, to accurately measure the or (ii) of section 404(b)(2)(B) of the Robert T. and any other revenues that are required by acute needs of a population following a dis- Stafford Disaster Relief and Emergency As- law to be disbursed to other units of local aster in order to expedite a declaration of In- sistance Act (42 U.S.C. 5170c(b)(2)(B)), the Ad- government or used for specific purposes dividual Assistance under the Robert T. ministrator shall approve the construction more limited than the scope allowed by the Stafford Disaster Relief and Emergency As- of a permanent flood risk reduction levee by General Fund. In calculating a community’s sistance Act (42 U.S.C. 5121 et seq.). a State, local, or tribal government on cov- expenses, the Administrator shall include

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disaster-related capital expenses for which views under the National Environmental ‘‘(c) GOALS.—Any procedures adopted the community has not been reimbursed by Policy Act and historic preservation reviews under subsection (b) shall further the goals Federal or insurance proceeds, debt service under the National Historic Preservation of— expenses, and accrued but unpaid uncompen- Act are completed on an expeditious basis; ‘‘(1) reducing the costs to the Federal Gov- sated absences (vacation and sick pay). In and ernment of providing such assistance; calculating the operating deficit of the local ‘‘(B) the shortest existing applicable proc- ‘‘(2) increasing flexibility in the adminis- government, the Administrator shall also ess under the National Environmental Policy tration of such assistance; consider all interfund transfers. When con- Act and the National Historic Preservation ‘‘(3) expediting the provision of such assist- sidering the period following the disaster, Act shall be utilized. ance to States, tribal, and local governments the Administrator may consider a period of ‘‘(2) AUTHORITY FOR OTHER EXPEDITED PRO- and to owners or operators of private non- 3, 5, or 7 full fiscal years after the disaster, CEDURES.—The President may utilize expe- profit facilities; and beginning on the date of the declaration, in dited procedures in addition to those re- ‘‘(4) providing financial incentives and dis- determining eligibility for cancellation. The quired under paragraph (1) for the purpose of incentives for the State, tribal, or local gov- criteria for cancellation do not apply to providing assistance under this section, such ernment, or owner or operator of a private those loans already cancelled in full. Appli- as those under the Prototype Programmatic nonprofit facility for the timely and cost-ef- cants shall submit supplemental documenta- Agreement of the Federal Emergency Man- fective completion of projects with such as- tion in support of their applications for can- agement Agency, for the consideration of sistance. cellation on or before April 30, 2014, and the multiple structures as a group and for an ‘‘(d) VOLUNTARY PARTICIPATION.—Partici- Administrator shall issue determinations analysis of the cost-effectiveness and fulfill- pation in alternative procedures adopted and resolve any appeals on or before April 30, ment of cost-share requirements for proposed under this section shall be at the election of 2015. Loans not cancelled in full shall be re- hazard mitigation measures. a State, tribal, or local government, or owner or operator of a private nonprofit fa- paid not later than September 30, 2035. The ‘‘(e) ADVANCE ASSISTANCE.—The President cility consistent with procedures determined Administrator may use funds provided under may provide not more than 25 percent of the by the Administrator. Public Law 109–88 to reimburse those com- amount of the estimated cost of hazard miti- munities that have repaid all or a portion of ‘‘(e) REQUIREMENTS FOR PROCEDURES.—The gation measures to a State grantee eligible alternative procedures adopted under sub- loans, including interest, provided as Special for a grant under this section before eligible Community Disaster Loans under Public section (b) shall include— costs are incurred.’’. ‘‘(1) for repair, restoration, and replace- Law 109–88 or Public Law 109–234, as amended (2) ESTABLISHMENT OF CRITERIA RELATING by section 4502 of Public Law 110–28. Further, ment of damaged facilities under section TO ADMINISTRATION OF HAZARD MITIGATION AS- the Administrator may use funds provided 406— SISTANCE BY STATES.—Section 404(c)(2) of the under Public Law 109–88 for necessary ex- ‘‘(A) making grants on the basis of fixed Robert T. Stafford Disaster Relief and Emer- estimates, if the State, tribal, or local gov- penses to carry out this provision: Provided, gency Assistance Act (42 U.S.C. 5170c(c)(2)) is That the entire amount is designated by the ernment, or owner or operator of the private amended by inserting ‘‘Until such time as nonprofit facility agrees to be responsible for Congress as an emergency requirement pur- the Administrator promulgates regulations suant to section 251(b)(2)(A)(i) of the Bal- any actual costs that exceed the estimate; to implement this paragraph, the Adminis- anced Budget and Emergency Deficit Control ‘‘(B) providing an option for a State, tribal, trator may waive notice and comment rule- Act of 1985. or local government, or owner or operator of making if the Administrator determines SEC. 608. The Inspector General shall re- a private nonprofit facility to elect to re- view the applications for public assistance doing so is necessary to expeditiously imple- ceive an in-lieu contribution, without reduc- provided through the Disaster Relief Fund ment this section and may carry out the al- tion, on the basis of estimates of— with a project cost that exceeds $10,000,000 ternative procedures under this section as a ‘‘(i) the cost of repair, restoration, recon- and the resulting decisions issued by the pilot program’’ after ‘‘applications sub- struction, or replacement of a public facility Federal Emergency Management Agency for mitted under paragraph (1).’’. owned or controlled by the State, tribal, or category A debris removal for DR–1786 upon (3) APPLICABILITY.—The authority under local government or the owner or operator of receipt of a request from an applicant made the amendments made by this subsection a private nonprofit facility; and no earlier than 90 days after filing an appeal shall apply for— ‘‘(ii) management expenses; with the Federal Emergency Management (A) any major disaster or emergency de- ‘‘(C) consolidating, to the extent deter- Agency without regard to whether the Ad- clared under the Robert T. Stafford Disaster mined appropriate by the Administrator, the ministrator of the Federal Emergency Man- Relief and Emergency Assistance Act (42 facilities of a State, tribal, or local govern- agement Agency has issued a final agency U.S.C. 5121 et seq.) on or after the date of en- ment, or owner or operator of a private non- determination on the application for assist- actment of this Act; and profit facility as a single project based upon ance: Provided, That not later than 180 days (B) a major disaster or emergency declared the estimates adopted under the procedures; after the date of such request, the Inspector before the date of enactment of this Act for ‘‘(D) if the actual costs of a project com- General shall determine whether the Federal which the period for processing requests for pleted under the procedures are less than the Emergency Management Agency correctly assistance has not ended on the date of en- estimated costs thereof, the Administrator applied its rules and regulations to deter- actment of this Act. may permit a grantee or subgrantee to use mine eligibility of the applicant’s claim: Pro- (c) PUBLIC ASSISTANCE PROGRAM ALTER- all or part of the excess funds for purposes vided further, That if the Inspector General NATIVE PROCEDURES.—Title IV of the Robert of— finds that the Federal Emergency Manage- T. Stafford Disaster Relief and Emergency ‘‘(i) cost-effective activities that reduce ment Agency determinations related to eli- Assistance Act (42 U.S.C. 5170 et seq.) is the risk of future damage, hardship, or suf- gibility and cost involved a misapplication amended— fering from a major disaster; and of its rules and regulations, the applicant (1) by redesignating section 425 (42 U.S.C. ‘‘(ii) other activities to improve future may submit the dispute to the arbitration 5189e) relating to essential service providers, Public Assistance operations or planning; process established under the authority as added by section 607 of the SAFE Port Act ‘‘(E) in determining eligible cost under sec- granted under section 601 of Public Law 111– (Public Law 109–347; 120 Stat. 1941) as section tion 406, the Administrator shall make avail- 5 not later than 15 days after the date of 427; and able, at an applicant’s request and where the issuance of the Inspector General’s finding in (2) by adding at the end the following: Federal Emergency Management Agency or the previous proviso: Provided further, That if ‘‘SEC. 428. PUBLIC ASSISTANCE PROGRAM ALTER- the certified cost estimate prepared by the the Inspector General finds that the Federal NATIVE PROCEDURES. applicant’s professionally licensed engineers Emergency Management Agency provided ‘‘(a) IN GENERAL.—The Administrator of has estimated an eligible Federal share for a unauthorized funding, that the Federal the Federal Emergency Management Agency project of not less than $5,000,000, an inde- Emergency Management Agency shall take may approve projects under the alternative pendent expert panel to validate the esti- corrective action. procedures adopted under this section for— mated eligible cost consistent with applica- DISASTER RECOVERY ‘‘(1) any major disaster or emergency de- ble regulations and policies implementing SEC. 609. (a) SHORT TITLE.—This section clared on or after the date of enactment of this section; may be cited as the ‘‘Disaster Recovery Act this section; and ‘‘(F) in determining eligible cost under sec- of 2012’’. ‘‘(2) any project relating to a major dis- tion 406, the Administrator shall, at the ap- (b) HAZARD MITIGATION.— aster or emergency declared before the date plicant’s request, consider properly con- (1) IN GENERAL.—Section 404 of the Robert of enactment of this section for which con- ducted and certified cost estimates prepared T. Stafford Disaster Relief and Emergency struction has not begun on the date of enact- by professionally licensed engineers (mutu- Assistance Act (42 U.S.C. 5170c) is amended ment of this section. ally agreed upon by the Administrator and by adding at the end the following: ‘‘(b) ADOPTION.—The Administrator, in co- the applicant), to the extent that such esti- (d) EXPEDITED PROCEDURES.— ordination with States, tribal, and local gov- mates comply with applicable regulation, ‘‘(1) IN GENERAL.—For the purpose of pro- ernments, and owners or operators of private policy, and guidance; and viding assistance under this section, the nonprofit facilities, may adopt alternative ‘‘(2) for debris removal under sections President shall ensure that— procedures to administer assistance provided 403(a)(3)(A), 407, and 502(a)(5)— ‘‘(A) adequate resources are devoted to en- under sections 403(a)(3)(A), 406, 407, and ‘‘(A) making grants on the basis of fixed suring that applicable environmental re- 502(a)(5). estimates to provide financial incentives and

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disincentives for the timely or cost effective ‘‘(2) AMOUNT.—After the Administrator (2) PROCEDURES.— completion if the State, tribal, or local gov- submits the report required under paragraph (A) IN GENERAL.—Not later than 180 days ernment, or owner or operator of the private (1), the President shall direct the Adminis- after the date of enactment of this Act, and nonprofit facility agrees to be responsible to trator to— in order to facilitate an efficient recovery pay for any actual costs that exceed the esti- ‘‘(A) immediately establish a threshold for from major disasters, the Administrator mate; eligibility under this section in an appro- shall establish procedures under which an ‘‘(B) using a sliding scale for the Federal priate amount, without regard to chapter 5 applicant may request the use of alternative share for removal of debris and wreckage of title 5, United States Code; and dispute resolution, including arbitration by based on the time it takes to complete debris ‘‘(B) adjust the threshold annually to re- an independent review panel, to resolve dis- and wreckage removal; flect changes in the Consumer Price Index putes relating to eligible assistance. ‘‘(C) allowing use of program income from for all Urban Consumers published by the (B) BINDING EFFECT.—A decision by an recycled debris without offset to the grant Department of Labor. independent review panel under this sub- amount; ‘‘(3) REVIEW.—Not later than 3 years after section shall be binding upon the parties to ‘‘(D) reimbursing base and overtime wages the date on which the Administrator estab- the dispute. for employees and extra hires of a State, lishes a threshold under paragraph (2), and (C) CONSIDERATIONS.—The procedures es- tribal, or local government, or owner or op- every 3 years thereafter, the President, act- tablished under this subsection shall— erator of a private nonprofit facility per- ing through the Administrator, shall review (i) allow a party of a dispute relating to el- forming or administering debris and wreck- the threshold for eligibility under this sec- igible assistance to request an independent age removal; tion.’’. review panel for the review; ‘‘(E) providing incentives to State, tribal, (e) ESSENTIAL ASSISTANCE.—Section 403 of (ii) require a party requesting an inde- and local governments to have a debris man- the Robert T. Stafford Disaster Relief and pendent review panel as described in clause agement plan approved by the Federal Emer- Emergency Assistance Act (42 U.S.C. 5170b) (i) to agree to forego rights to any further gency Management Agency and have pre- is amended by adding at the end the fol- appeal of the dispute relating to any eligible qualified one or more debris and wreckage lowing: assistance; removal contractors before the date of dec- ‘‘(d) SALARIES AND BENEFITS.— (iii) require that the sponsor of an inde- laration of the major disaster; and ‘‘(1) IN GENERAL.—The President may reim- pendent review panel for any alternative dis- ‘‘(F) if the actual costs of projects under burse a State, tribal, or local government for pute resolution under this subsection shall subparagraph (A) are less than the estimated costs relating to pay and benefits (including be— costs of the project, the Administrator may overtime and hazardous duty pay) for perma- (I) an individual or entity unaffiliated with permit a grantee or subgrantee to use all or nent employees of the State, tribal, or local the dispute (which may include a Federal part of the excess funds for— government conducting emergency protec- agency, an administrative law judge, or a re- ‘‘(i) debris management planning; tive measures under this section, provided employed annuitant who was an employee of ‘‘(ii) acquisition of debris management such work is not typically performed by such the Federal Government) selected by the Ad- equipment for current or future use; and employees and the type of work may other- ministrator; and ‘‘(iii) other activities to improve future de- wise be carried out by contract or agreement (II) responsible for identifying and main- bris removal operations, as determined by with private organizations, firms, or individ- taining an adequate number of independent the Administrator. experts qualified to review and resolve dis- uals. ‘‘(f) WAIVER AUTHORITY.—Until such time putes under this subsection; ‘‘(2) OVERTIME.—The guidelines for reim- as the Administrator promulgates regula- (iv) require an independent review panel bursement for costs under paragraph (1) shall tions to implement this section, the Admin- to— assure that no State, tribal, or local govern- istrator may waive notice and comment (I) resolve any remaining disputed issue in ment is denied reimbursement for overtime rulemaking, if the Administrator determines accordance with all applicable laws, regula- payments that are required pursuant to the the waiver is necessary to expeditiously im- tions, and Federal Emergency Management Fair Labor Standards Act of 1938 (29 U.S.C. plement this section, and may carry out the Agency interpretations of those laws 201 et seq.).’’. alternative procedures under this section as through its published policies and guidance; (f) UNIFIED FEDERAL REVIEW.—Title IV of a pilot program. (II) consider only evidence contained in the ‘‘(g) REIMBURSEMENT.—The guidelines for the Robert T. Stafford Disaster Relief and administrative record, as it existed at the reimbursement for costs under subsection Emergency Assistance Act, as amended by time at which the Federal Emergency Man- (e)(2)(D) shall assure that no State, tribal, or subsection (c), is amended by adding at the agement Agency made its initial decision; local government is denied reimbursement end the following: (III) only set aside a decision of the Fed- for overtime payments that are required pur- ‘‘SEC. 429. UNIFIED FEDERAL REVIEW. eral Emergency Management Agency found suant to the Fair Labor Standards Act of ‘‘(a) IN GENERAL.—Not later than 18 to be arbitrary, capricious, an abuse of dis- 1938 (29 U.S.C. 201 et seq.).’’. months after the date of enactment of the cretion, or otherwise not in accordance with (d) SIMPLIFIED PROCEDURES.—Section 422 of Disaster Recovery Act of 2012, and in con- law; and the Robert T. Stafford Disaster Relief and sultation with the Council on Environmental (IV) in the case of a finding of material Emergency Assistance Act (42 U.S.C. 5189) is Quality and the Advisory Council on Historic fact adverse to the claimant made on first amended— Preservation, the President shall establish appeal, only set aside or reverse such finding (1) by striking ‘‘If the Federal estimate’’ an expedited and unified interagency review if the finding is clearly erroneous; and inserting the following: process to ensure compliance with environ- (v) require an independent review panel to ‘‘(a) IN GENERAL.—If the Federal esti- mate’’; mental and historic requirements under Fed- expeditiously issue a written decision for (2) by inserting ‘‘or, if the Administrator eral law relating to disaster recovery any alternative dispute resolution under this has established a threshold under subsection projects, in order to expedite the recovery subsection; and (b), the amount established under subsection process, consistent with applicable law. (vi) direct that if an independent review (b)’’ after ‘‘$35,000’’ the first place it appears; ‘‘(b) CONTENTS.—The review process estab- panel for any alternative dispute resolution (3) by inserting ‘‘or, if applicable, the lished under this section shall include mech- under this subsection determines that the amount established under subsection (b),’’ anisms to expeditiously address delays that basis upon which a party submits a request after ‘‘$35,000 amount’’; and may occur during the recovery from a major for alternative dispute resolution is frivo- (4) by adding at the end the following: disaster, and shall be updated as appropriate, lous, the independent review panel shall di- ‘‘(b) THRESHOLD.— consistent with applicable law.’’. rect the party to pay the reasonable costs of ‘‘(1) REPORT.—Not later than 1 year after (g) DISPUTE RESOLUTION PILOT PROGRAM.— the Federal Emergency Management Agency the date of enactment of the Disaster Recov- (1) DEFINITIONS.—In this subsection— relating to the review by the independent re- ery Act of 2012, the President, acting through (A) the term ‘‘Administrator’’ means the view panel. the Administrator of the Federal Emergency Administrator of the Federal Emergency (D) FUNDS RECEIVED.—Any funds received Management Agency (in this section referred Management Agency; and by the Federal Emergency Management to as the ‘Administrator’), shall— (B) the term ‘‘eligible assistance’’ means Agency under the authority under this sub- ‘‘(A) complete an analysis to determine assistance— section shall be deposited to the credit of the whether an increase in the threshold for eli- (i) under section 403, 406, or 407 of the Rob- appropriation or appropriations available for gibility under subsection (a) is appropriate, ert T. Stafford Disaster Relief and Emer- the eligible assistance in dispute on the date which shall include consideration of cost-ef- gency Assistance Act (42 U.S.C. 5170b, 5172, on which the funds are received. fectiveness, speed of recovery, capacity of 5173); (3) SUNSET.—A request for review by an grantees, past performance, and account- (ii) for which the legitimate amount in dis- independent review panel under this sub- ability measures; and pute is not less than $1,000,000, which the Ad- section may not be made after December 31, ‘‘(B) submit to the appropriate committees ministrator shall adjust annually to reflect 2015. of the Congress (as defined in section 602 of changes in the Consumer Price Index for all (4) REPORT.— the Post-Katrina Emergency Management Urban Consumers published by the Depart- (A) IN GENERAL.—Not later than 270 days Reform Act of 2006 (6 U.S.C. 701)) a report re- ment of Labor; and after the termination of authority under this garding the analysis conducted under sub- (iii) for which the applicant has a non-Fed- subsection pursuant to paragraph (3), the paragraph (A). eral share. Comptroller General of the United States

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(B) CONTENTS.—The report submitted after the end of the 18-month period begin- ‘‘(3) SAVINGS PROVISION.—Nothing in this under subparagraph (A) shall include— ning on the date of declaration of the major subsection shall prohibit an Indian tribal (i) a determination of the availability of disaster by the President, except that the government from receiving assistance under data required to complete the report; President may extend that period if the this Act through a declaration made by the (ii) an assessment of the effectiveness of President determines that due to extraor- President at the request of a State under the program under this subsection, including dinary circumstances an extension would be subsection (a) if the President does not make an assessment of whether the program expe- in the public interest.’’; and a declaration under this subsection for the dited or delayed the disaster recovery proc- (3) in clause (iv), as so redesignated, by same incident.’’. ess; striking ‘‘clause (ii)’’ and inserting ‘‘clause (3) DEFINITIONS.—Section 102 of the Robert (iii) an assessment of whether the program (iii)’’. T. Stafford Disaster Relief and Emergency increased or decreased costs to administer (k) TRIBAL REQUESTS FOR A MAJOR DIS- Assistance Act (42 U.S.C. 5122) is amended— section 403, 406, or 407 of the Robert T. Staf- ASTER OR EMERGENCY DECLARATION UNDER (A) in paragraph (7)(B) by striking ‘‘; and’’ ford Disaster Relief and Emergency Assist- THE STAFFORD ACT.— and inserting ‘‘, that is not an Indian tribal ance Act; (1) MAJOR DISASTER REQUESTS.—Section 401 government as defined in paragraph (6); (iv) an assessment of the procedures and of the Robert T. Stafford Disaster Relief and and’’; safeguards that the independent review pan- Emergency Assistance Act (42 U.S.C. 5170) is (B) by redesignating paragraphs (6) els established to ensure objectivity and ac- amended— through (10) as paragraphs (7) through (11), curacy, and the extent to which they fol- (A) by striking ‘‘All requests for a declara- respectively; lowed those procedures and safeguards; tion’’ and inserting ‘‘(a) IN GENERAL.—All re- (C) by inserting after paragraph (5) the fol- (v) a recommendation as to whether any quests for a declaration’’; and lowing: aspect of the program under this subsection (B) by adding at the end the following: ‘‘(6) INDIAN TRIBAL GOVERNMENT.—The term ‘‘(b) INDIAN TRIBAL GOVERNMENT RE- should be made a permanent authority; and ‘Indian tribal government’ means the gov- QUESTS.— (vi) recommendations for any modifica- erning body of any Indian or Alaska Native ‘‘(1) IN GENERAL.—The Chief Executive of tions to the authority or the administration tribe, band, nation, pueblo, village, or com- an affected Indian tribal government may of the authority under this subsection in munity that the Secretary of the Interior ac- submit a request for a declaration by the order to improve the disaster recovery proc- knowledges to exist as an Indian tribe under President that a major disaster exists con- ess. the Federally Recognized Indian Tribe List sistent with the requirements of subsection (h) INDIVIDUAL ASSISTANCE FACTORS.—In Act of 1994 (25 U.S.C. 479a et seq.).’’; and order to provide more objective criteria for (a). (D) by adding at the end the following: ‘‘(2) REFERENCES.—In implementing assist- evaluating the need for assistance to individ- ‘‘(12) CHIEF EXECUTIVE.—The term ‘Chief uals and to speed a declaration of a major ance authorized by the President under this Executive’ means the person who is the disaster or emergency under the Robert T. Act in response to a request of the Chief Ex- Chief, Chairman, Governor, President, or Stafford Disaster Relief and Emergency As- ecutive of an affected Indian tribal govern- similar executive official of an Indian tribal sistance Act (42 U.S.C. 5121 et seq.), not later ment for a major disaster declaration, any government.’’. reference in this Act, except sections 310 and than 1 year after the date of enactment of (4) REFERENCES.—Title I of the Robert T. this Act, the Administrator of the Federal 326, to a State or the Governor of a State is Stafford Disaster Relief and Emergency As- Emergency Management Agency, in coopera- deemed to refer to an affected Indian tribal sistance Act (42 U.S.C. 5121 et seq.) is amend- tion with representatives of State, tribal, government or the Chief Executive of an af- ed by adding after section 102 the following: fected Indian tribal government, as appro- and local emergency management agencies, ‘‘SEC. 103. REFERENCES. shall review, update, and revise through priate. ‘‘Except as otherwise specifically provided, rulemaking the factors considered under sec- ‘‘(3) SAVINGS PROVISION.—Nothing in this any reference in this Act to ‘State and local’, tion 206.48 of title 44, Code of Federal Regula- subsection shall prohibit an Indian tribal ‘State or local’, ‘State, and local’, ‘State, or tions (including section 206.48(b)(2) of such government from receiving assistance under local’, or ‘State, local’ (including the plural title relating to trauma and the specific con- this Act through a declaration made by the form of such terms) with respect to govern- ditions or losses that contribute to trauma), President at the request of a State under ments or officials and any reference to a to measure the severity, magnitude, and im- subsection (a) if the President does not make ‘local government’ in sections 406(d)(3) and pact of a disaster. a declaration under this subsection for the 417 shall be deemed to refer also to Indian (i) CHILD CARE.—Section 408(e)(1) of the same incident. tribal governments and officials, as appro- Robert T. Stafford Disaster Relief and Emer- ‘‘(c) COST SHARE ADJUSTMENTS FOR INDIAN priate.’’. gency Assistance Act (42 U.S.C. 5174(e)(1)) is TRIBAL GOVERNMENTS.— (5) REGULATIONS.— amended— ‘‘(1) IN GENERAL.—In providing assistance (A) ISSUANCE.—The President shall issue (1) in the paragraph heading, by inserting to an Indian tribal government under this regulations to carry out the amendments ‘‘CHILD CARE,’’ after ‘‘DENTAL,’’; and Act, the President may waive or adjust any made by this subsection. (2) by inserting ‘‘child care,’’ after ‘‘den- payment of a non-Federal contribution with (B) FACTORS.—In issuing regulations under tal,’’. respect to the assistance if— this paragraph, the President shall consider (j) TEMPORARY HOUSING.—Section ‘‘(A) the President has the authority to the unique conditions that affect the general 408(c)(1)(B) of the Robert T. Stafford Disaster waive or adjust the payment under another welfare of Indian tribal governments. Relief and Emergency Assistance Act (42 provision of this Act; and (l) REPORT.—Not later than 90 days after U.S.C. 5174(c)(1)(B)) is amended— ‘‘(B) the President determines that the the date of enactment of this Act, the Chair (1) by redesignating clauses (ii) and (iii) as waiver or adjustment is necessary and appro- of the Hurricane Sandy Rebuilding Task clauses (iii) and (iv), respectively; priate. Force established by the President, in con- (2) by inserting after clause (i) the fol- ‘‘(2) CRITERIA FOR MAKING DETERMINA- sultation with the Administrator of the Fed- lowing: TIONS.—The President shall establish criteria eral Emergency Management Agency, the ‘‘(ii) LEASE AND REPAIR OF RENTAL UNITS for making determinations under paragraph Secretary of the Treasury, and others whom FOR TEMPORARY HOUSING.— (1)(B).’’. the Chair determines to be appropriate, shall ‘‘(I) IN GENERAL.—The President, to the ex- (2) EMERGENCY REQUESTS.—Section 501 of submit to the Committee on Appropriations tent it would be a cost effective alternative the Robert T. Stafford Disaster Relief and and the Committee on Homeland Security to other temporary housing options, may— Emergency Assistance Act (42 U.S.C. 5191) is and Governmental Affairs of the Senate and ‘‘(aa) enter into lease agreements with amended by adding at the end the following: the Committee on Appropriations and the owners of multifamily rental property lo- ‘‘(c) INDIAN TRIBAL GOVERNMENT RE- Committee on Transportation and Infra- cated in areas covered by a major disaster QUESTS.— structure of the House of Representatives a declaration to house individuals and house- ‘‘(1) IN GENERAL.—The Chief Executive of report that includes a discussion of— holds eligible for assistance under this sec- an affected Indian tribal government may (1) the impacts of Hurricane Sandy on local tion; and submit a request for a declaration by the government budgets in States where a major ‘‘(bb) make repairs or improvement to President that an emergency exists con- disaster has been declared, including reve- properties under such lease agreements, to sistent with the requirements of subsection nues from taxes, fees, and other sources, and the extent necessary to serve as safe and (a). expenses related to operations, debt obliga- adequate temporary housing. ‘‘(2) REFERENCES.—In implementing assist- tions, and unreimbursed disaster-related ‘‘(II) IMPROVEMENTS OR REPAIRS.—Under ance authorized by the President under this costs; the terms of any lease agreement for prop- Act in response to a request of the Chief Ex- (2) the availability of loans from private erty entered into under this subsection, the ecutive of an affected Indian tribal govern- sources to address such impacts, including

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information on interest rates, repayment toric Preservation Act and costs needed to HAZARDOUS SUBSTANCE SUPERFUND terms, securitization requirements, and the administer the program: Provided, That For an additional amount for ‘‘Hazardous ability of affected local governments to qual- grants shall only be available for areas that Substance Superfund’’ for necessary ex- ify for such loans; have received a major disaster declaration penses related to the consequences of Hurri- (3) the availability of Federal resources to pursuant to the Robert T. Stafford Disaster cane Sandy, $2,000,000, to remain available address the budgetary impacts of Hurricane Relief and Emergency Assistance Act (42 until expended: Provided, That such amount Sandy upon local governments; U.S.C. 5121 et seq.): Provided further, That in- is designated by the Congress as being for an (4) the ability of the Community Disaster dividual grants shall not be subject to a non- emergency requirement pursuant to section Loan program authorized under section 417 Federal matching requirement: Provided fur- 251(b)(2)(A)(i) of the Balanced Budget and of the Robert T. Stafford Disaster Relief and ther, That such amount is designated by the Emergency Deficit Control Act of 1985. Emergency Assistance Act (42 U.S.C. 5184) to Congress as being for an emergency require- effectively and expeditiously address budg- ment pursuant to section 251(b)(2)(A)(i) of LEAKING UNDERGROUND STORAGE TANK FUND etary impacts of Hurricane Sandy and other the Balanced Budget and Emergency Deficit For an additional amount for ‘‘Leaking disasters upon local governments, includ- Control Act of 1985. Underground Storage Tank Fund’’ for nec- ing— CONSTRUCTION essary expenses related to the consequences (A) an assessment of the current statutory For an additional amount for ‘‘Construc- of Hurricane Sandy, $5,000,000, to remain limits on loan amounts; tion’’ for necessary expenses incurred to pre- available until expended: Provided, That such (B) the regulations, policies, and proce- pare for, respond to, and recover from Hurri- amount is designated by the Congress as dures governing program mobilization to cane Sandy, $348,000,000, to remain available being for an emergency requirement pursu- communities in need and expeditious proc- until expended: Provided, That such amount ant to section 251(b)(2)(A)(i) of the Balanced essing of loan applications; is designated by the Congress as being for an Budget and Emergency Deficit Control Act (C) information on interest rates, repay- emergency requirement pursuant to section of 1985. ment terms, securitization requirements, 251(b)(2)(A)(i) of the Balanced Budget and STATE AND TRIBAL ASSISTANCE GRANTS and ability of affected local governments to Emergency Deficit Control Act of 1985. qualify for such loans; BUREAU OF SAFETY AND ENVIRONMENTAL For an additional amount for ‘‘State and (D) criteria governing the cancellation of ENFORCEMENT Tribal Assistance Grants’’, $810,000,000, to re- such loans, including appropriate classifica- main available until expended, of which OIL SPILL RESEARCH tion of available revenues and eligible ex- $700,000,000 shall be for capitalization grants penses, and the consistency of program rules For an additional amount for ‘‘Oil Spill for the Clean Water State Revolving Funds with customary local government budgetary Research’’ for necessary expenses related to under Title VI of the Federal Water Pollu- practices and State or local laws that affect the consequences of Hurricane Sandy, tion Control Act, and of which $110,000,000 the specific budgetary practices of local gov- $3,000,000, to remain available until ex- shall be for capitalization grants under sec- ernments affected by Hurricane Sandy and pended: Provided, That such amount is des- tion 1452 of the Safe Drinking Water Act: other disasters; ignated by the Congress as being for an Provided, That notwithstanding section (E) repayment terms and timeframes on emergency requirement pursuant to section 604(a) of the Federal Water Pollution Control loans that do not qualify for cancellation; 251(b)(2)(A)(i) of the Balanced Budget and Act and section 1452(a)(1)(D) of the Safe (F) options for Congressional consideration Emergency Deficit Control Act of 1985. Drinking Water Act, funds appropriated related to legislative modifications of this DEPARTMENTAL OPERATIONS herein shall be provided to States that have program, and any other applicable provisions OFFICE OF THE SECRETARY received a major disaster declaration pursu- of Federal law, in order to address the budg- (INCLUDING TRANSFER OF FUNDS) ant to the Robert T. Stafford Disaster Relief etary impacts of Hurricane Sandy and other For an additional amount for ‘‘Depart- and Emergency Assistance Act (42 U.S.C. disasters upon local governments; and 5121 et seq.) for Hurricane Sandy: Provided (G) recommendations on steps the Federal mental Operations’’ and any Department of the Interior component bureau or office for further, That no eligible state shall receive Emergency Management Agency may take less than two percent of such funds: Provided in order to improve program administration, necessary expenses related to the con- sequences of Hurricane Sandy and for other further, That funds appropriated herein shall effectiveness, communications, and speed; not be subject to the matching or cost share and activities related to storms and natural dis- asters, $150,000,000, to remain available until requirements of sections 602(b)(2), 602(b)(3) or (5) potential consequences of Federal ac- 202 of the Federal Water Pollution Control tion or inaction to address the budgetary im- expended: Provided, That funds appropriated herein shall be used to restore and rebuild Act nor the matching requirements of sec- pacts of Hurricane Sandy upon local govern- tion 1452(e) of the Safe Drinking Water Act: ments. parks, refuges, and other public assets; in- crease the resiliency and capacity of coastal Provided further, That notwithstanding the (m) APPLICABILITY.—Unless otherwise spec- requirements of section 603(d) of the Federal ified, this section and the amendments made habitat and infrastructure to withstand fu- ture storms and reduce the amount of dam- Water Pollution Control Act, for the funds by this section shall apply for— appropriated herein, each State shall use not (1) any major disaster or emergency de- age caused by such storms; protect natural and cultural values; and assist State, tribal less than 50 percent of the amount of its cap- clared under the Robert T. Stafford Disaster italization grants to provide additional sub- and local governments: Provided further, Relief and Emergency Assistance Act (42 sidization to eligible recipients in the form U.S.C. 5121 et seq.) on or after the date of en- That the Secretary may transfer these funds to any other account in the Department and of forgiveness of principal, negative interest actment of this Act; and loans or grants or any combination of these: (2) a major disaster or emergency declared may expend such funds by direct expendi- ture, grants, or cooperative agreements, in- Provided further, That the funds appropriated before the date of enactment of this Act for herein shall only be used for eligible projects which the period for processing requests for cluding grants to or cooperative agreements with States, Tribes, and municipalities, to whose purpose is to reduce flood damage risk assistance has not ended on the date of en- and vulnerability or to enhance resiliency to carry out the purposes provided herein: Pro- actment of this Act. rapid hydrologic change or a natural disaster TITLE VII vided further, That the Secretary shall sub- mit to the Committees on Appropriations of at treatment works as defined by section 212 DEPARTMENT OF THE INTERIOR the House of Representatives and the Senate of the Federal Water Pollution Control Act FISH AND WILDLIFE SERVICE a detailed spending plan for the amounts or any eligible facilities under section 1452 of the Safe Drinking Water Act, and for other CONSTRUCTION provided herein within 60 days of enactment eligible tasks at such treatment works or fa- For an additional amount for ‘‘Construc- of this Act: Provided further, That such cilities necessary to further such purposes: tion’’ for necessary expenses incurred to pre- amount is designated by the Congress as Provided further, That notwithstanding the pare for, respond to, and recover from Hurri- being for an emergency requirement pursu- definition of treatment works in section 212 cane Sandy, $78,000,000, to remain available ant to section 251(b)(2)(A)(i) of the Balanced of the Federal Water Pollution Control Act, until expended: Provided, That such amount Budget and Emergency Deficit Control Act and subject to the purposes described herein, is designated by the Congress as being for an of 1985. the funds appropriated herein shall be avail- emergency requirement pursuant to section ENVIRONMENTAL PROTECTION AGENCY able for the purchase of land and easements 251(b)(2)(A)(i) of the Balanced Budget and ENVIRONMENTAL PROGRAMS AND MANAGEMENT necessary for the siting of eligible treatment Emergency Deficit Control Act of 1985. For an additional amount for ‘‘Environ- works projects: Provided further, That the NATIONAL PARK SERVICE mental Programs and Management’’ for nec- Administrator may retain up to $1,000,000 of HISTORIC PRESERVATION FUND essary expenses related to the consequences the funds appropriated herein for manage- For an additional amount for the ‘‘Historic of Hurricane Sandy, $725,000, to remain avail- ment and oversight of the requirements of Preservation Fund’’ for necessary expenses able until expended: Provided, That such this section: Provided further, That such related to the consequences of Hurricane amount is designated by the Congress as amounts are designated by the Congress as Sandy, $50,000,000, to remain available until being for an emergency requirement pursu- being for an emergency requirement pursu- September 30, 2015, including costs to states ant to section 251(b)(2)(A)(i) of the Balanced ant to section 251(b)(2)(A)(i) of the Balanced necessary to complete compliance activities Budget and Emergency Deficit Control Act Budget and Emergency Deficit Control Act required by section 106 of the National His- of 1985. of 1985.

VerDate Mar 15 2010 06:51 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.029 S19DEPT1 jbell on DSK7SPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — SENATE S8221 RELATED AGENCIES tion 2005(a) of the Social Security Act, a Human Services, and shall be available only DEPARTMENT OF AGRICULTURE State may use up to 10 percent of its allot- for the purposes provided in this paragraph: ment of funds appropriated in this paragraph Provided further, That the transfer authority FOREST SERVICE to supplement any other funds available for provided in this paragraph is in addition to CAPITAL IMPROVEMENT AND MAINTENANCE the following costs, subject to guidelines es- any other transfer authority available in For an additional amount for ‘‘Capital Im- tablished by the Secretary, for health care this or any other Act: Provided further, That provement and Maintenance’’ for necessary providers (as defined by the Secretary): (a) obligations incurred for response activities expenses related to the consequences of Hur- payments to compensate employees of for Hurricane Sandy prior to the enactment ricane Sandy, $4,400,000, to remain available health care providers for wages lost as a di- of this Act may be charged to this appropria- until expended: Provided, That such amount rect result of Hurricane Sandy, and (b) pay- tion: Provided further, That funds appro- is designated by the Congress as being for an ments to support the viability of health care priated in this paragraph may be used for emergency requirement pursuant to section providers with facilities that were substan- renovating, repairing, or rebuilding non-Fed- 251(b)(2)(A)(i) of the Balanced Budget and tially damaged as a direct result of Hurri- eral research facilities damaged as a result Emergency Deficit Control Act of 1985. cane Sandy: Provided further, That funds ap- of Hurricane Sandy: Provided further, That OTHER RELATED AGENCY propriated in this paragraph are also avail- funds appropriated under this paragraph able for costs incurred up to 3 days prior to shall not be available for costs that are eligi- SMITHSONIAN INSTITUTION Hurricane Sandy’s October 29, 2012, landfall, ble for reimbursement by the Federal Emer- SALARIES AND EXPENSES subject to Federal review of documentation gency Management Agency or are covered by For an additional amount for ‘‘Salaries of the cost of services provided: Provided fur- insurance: Provided further, That such and Expenses’’ for necessary expenses related ther, That none of the funds appropriated in amount is designated by the Congress as to the consequences of Hurricane Sandy, this paragraph shall be available for costs being for an emergency requirement pursu- $2,000,000, to remain available until ex- that are reimbursed by the Federal Emer- ant to section 251(b)(2)(A)(i) of the Balanced pended: Provided, That such amount is des- gency Management Agency or insurance: Budget and Emergency Deficit Control Act ignated by the Congress as being for an Provided further, That, with respect to the of 1985. emergency requirement pursuant to section Federal interest in real property acquired or RELATED AGENCY 251(b)(2)(A)(i) of the Balanced Budget and on which construction or major renovation SOCIAL SECURITY ADMINISTRATION Emergency Deficit Control Act of 1985. of facilities (as such terms are defined in 45 TITLE VIII CFR 1309.3) is undertaken with these funds, LIMITATION ON ADMINISTRATIVE EXPENSES DEPARTMENT OF LABOR procedures equivalent to those specified in For an additional amount for ‘‘Limitation Subpart C of 45 CFR Part 1309 shall apply: on Administrative Expenses’’, $2,000,000, for EMPLOYMENT AND TRAINING ADMINISTRATION Provided further, That such amount is des- necessary expenses resulting from Hurricane TRAINING AND EMPLOYMENT SERVICES ignated by the Congress as being for an Sandy: Provided, That such amount is des- (INCLUDING TRANSFER OF FUNDS) emergency requirement pursuant to section ignated by the Congress as being for an For an additional amount for ‘‘Training 251(b)(2)(A)(i) of the Balanced Budget and emergency requirement pursuant to section and Employment Services’’, $50,000,000, for Emergency Deficit Control Act of 1985. 251(b)(2)(A)(i) of the Balanced Budget and the dislocated workers assistance national CHILDREN AND FAMILY SERVICES PROGRAMS Emergency Deficit Control Act of 1985. reserve for necessary expenses resulting from For an additional amount for ‘‘Children TITLE IX Hurricane Sandy, which shall be available and Families Services Programs’’, DEPARTMENT OF DEFENSE from the date of enactment of this Act $100,000,000, for making payments under the MILITARY CONSTRUCTION through September 30, 2013: Provided, That Head Start Act in States for which the Presi- the Secretary of Labor may transfer up to dent declared a major disaster under title IV MILITARY CONSTRUCTION, ARMY NATIONAL $3,500,000 of such funds to any other Depart- of the Robert T. Stafford Disaster Relief and GUARD ment of Labor account for other Hurricane Emergency Assistance Act as a result of For an additional amount for ‘‘Military Sandy reconstruction and recovery needs, in- Hurricane Sandy: Provided, That funds ap- Construction, Army National Guard’’, cluding worker protection activities: Pro- propriated in this paragraph are not subject $24,200,000, to remain available until Sep- vided further, That such amounts are des- to the allocation requirements of section tember 30, 2014, for necessary expenses re- ignated by the Congress as being for an 640(a) or the matching requirements of sec- lated to the consequences of Hurricane emergency requirement pursuant to section tion 640(b) of the Head Start Act: Provided Sandy: Provided, That such funds may be ob- 251(b)(2)(A)(i) of the Balanced Budget and further, That funds appropriated in this para- ligated or expended for planning and design Emergency Deficit Control Act of 1985. graph shall be available through September and military construction projects not oth- DEPARTMENT OF HEALTH AND HUMAN 30, 2014 for activities to assist affected Head erwise authorized by law: Provided further, SERVICES Start agencies, including technical assist- That such amount is designated by the Con- ance, costs of Head Start services (including gress as being for an emergency requirement ADMINISTRATION FOR CHILDREN AND FAMILIES supportive services for children and families, pursuant to section 251(b)(2)(A)(i) of the Bal- SOCIAL SERVICES BLOCK GRANT and provision of mental health services for anced Budget and Emergency Deficit Control For an additional amount for ‘‘Social Serv- children affected by Hurricane Sandy), and Act of 1985. ices Block Grant’’, $500,000,000, for necessary costs of renovating, repairing, or rebuilding DEPARTMENT OF VETERANS AFFAIRS expenses resulting from Hurricane Sandy in those Head Start facilities damaged as a re- VETERANS HEALTH ADMINISTRATION States for which the President declared a sult of Hurricane Sandy: Provided further, major disaster under title IV of the Robert That none of the funds appropriated in this MEDICAL SERVICES T. Stafford Disaster Relief and Emergency paragraph shall be included in the calcula- For an additional amount for ‘‘Medical Assistance Act, notwithstanding section 2003 tion of the ‘‘base grant’’ in subsequent fiscal Services’’, $21,000,000, to remain available and paragraphs (1) and (4) of section 2005(a) years, as such term is used in section until September 30, 2014, for necessary ex- of the Social Security Act: Provided, That, 640(a)(7)(A) of the Head Start Act: Provided penses related to the consequences of Hurri- notwithstanding section 2002 of the Social further, That none of the funds appropriated cane Sandy: Provided, That such amount is Security Act, the distribution of such in this paragraph shall be available for costs designated by the Congress as being for an amount shall be limited to States directly that are reimbursed by the Federal Emer- emergency requirement pursuant to section affected by these events: Provided further, gency Management Agency or by insurance: 251(b)(2)(A)(i) of the Balanced Budget and That section 2002(c) of the Social Security Provided further, That such amounts are des- Emergency Deficit Control Act of 1985. Act shall be applied to funds appropriated in ignated by the Congress as being for an MEDICAL FACILITIES this paragraph by substituting succeeding 2 emergency requirement pursuant to section For an additional amount for ‘‘Medical Fa- fiscal years for succeeding fiscal year: Pro- 251(b)(2)(A)(i) of the Balanced Budget and cilities’’, $6,000,000, to remain available until vided further, That funds appropriated in this Emergency Deficit Control Act of 1985. September 30, 2014, for necessary expenses re- paragraph are in addition to the entitlement OFFICE OF THE SECRETARY lated to the consequences of Hurricane grants authorized by section 2002(a)(1) of the Sandy: Provided, That such amount is des- Social Security Act and shall not be avail- PUBLIC HEALTH AND SOCIAL SERVICES ignated by the Congress as being for an able for such entitlement grants: Provided EMERGENCY FUND emergency requirement pursuant to section further, That in addition to other uses per- (INCLUDING TRANSFER OF FUNDS) 251(b)(2)(A)(i) of the Balanced Budget and mitted by title XX of the Social Security For an additional amount for ‘‘Public Emergency Deficit Control Act of 1985. Act, funds appropriated in this paragraph Health and Social Services Emergency may be used for health services (including Fund’’ for disaster response and recovery, NATIONAL CEMETERY ADMINISTRATION mental health services), and for costs of ren- and other expenses related to Hurricane For an additional amount for ‘‘National ovating, repairing, or rebuilding health care Sandy, and for other disaster-response ac- Cemetery Administration’’, $1,100,000, for facilities (including mental health facili- tivities, $200,000,000, to remain available necessary expenses related to the con- ties), child care facilities, or other social until expended: Provided, That these funds sequences of Hurricane Sandy: Provided, services facilities: Provided further, That not- may be transferred by the Secretary to ac- That such amount is designated by the Con- withstanding paragraphs (2) and (8) of sec- counts within the Department of Health and gress as being for an emergency requirement

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pursuant to section 251(b)(2)(A)(i) of the Bal- FEDERAL TRANSIT ADMINISTRATION plan to the Secretary for approval detailing anced Budget and Emergency Deficit Control PUBLIC TRANSPORTATION EMERGENCY RELIEF the proposed use of all funds, including cri- Act of 1985. PROGRAM teria for eligibility and how the use of these funds will address long-term recovery and DEPARTMENTAL ADMINISTRATION For the Public Transportation Emergency restoration of infrastructure and housing Relief Program as authorized under section INFORMATION TECHNOLOGY SYSTEMS and economic revitalization in the most im- 5324 of title 49, United States Code, pacted and distressed areas: Provided further, For an additional amount for ‘‘Information $10,783,000,000, to remain available until ex- That the Secretary shall by notice specify Technology Systems’’, $500,000, for necessary pended, for recovery and relief efforts in the the criteria for approval of such plans within expenses related to the consequences of Hur- areas most affected by Hurricane Sandy: Pro- 45 days of enactment of this Act: Provided ricane Sandy: Provided, That such amount is vided, That, of the funds provided under this further, That such funds may not be used for designated by the Congress as being for an heading, the Secretary may transfer up to activities reimbursable by, or for which emergency requirement pursuant to section $5,383,000,000 to the appropriate agencies to funds are made available by, the Federal 251(b)(2)(A)(i) of the Balanced Budget and fund programs authorized under titles 23 and Emergency Deficit Control Act of 1985. Emergency Management Agency or the 49, United States Code, in order to carry out Army Corps of Engineers: Provided further, CONSTRUCTION, MAJOR PROJECTS mitigation projects related to reducing risk That the final paragraph under the heading For an additional amount for ‘‘Construc- of damage from future disasters in areas im- Community Development Block Grants in tion, Major Projects’’, $207,000,000 to remain pacted by Hurricane Sandy: Provided further, title II of Public Law 105–276 (42 U.S.C. 5305 available until expended, for renovations and That the Committees on Appropriations of note) shall not apply to funds provided under repairs to the Department of Veterans Af- the Senate and the House of Representatives this heading: Provided further, That funds al- fairs Medical Center in Manhattan, New shall be notified at least 15 days in advance located under this heading shall not be con- York, as a consequence of damage caused by of any such transfer: Provided further, That sidered relevant to the non-disaster formula Hurricane Sandy: Provided, That notwith- notwithstanding any other provision of law, allocations made pursuant to 42 U.S.C. 5306: standing any other provision of law, such the Federal share for all projects funded Provided further, That a grantee may use up funds may be obligated and expended to under this heading for repairs, reconstruc- to 5 percent of its allocation for administra- carry out planning and design and major tion or mitigation of transportation infra- tive costs: Provided further, That the Sec- medical facility construction not otherwise structure in areas impacted by Hurricane retary shall require that grantees have es- authorized by law: Provided further, That Sandy shall be 90 percent: Provided further, tablished procedures to ensure timely ex- such amount is designated by the Congress That up to three-quarters of 1 percent of the penditure of funds and prevent any duplica- as being for an emergency requirement pur- funds retained for public transportation tion of benefits as defined by 42 U.S.C. 5155 suant to section 251(b)(2)(A)(i) of the Bal- emergency relief shall be available for the and prevent fraud and abuse of funds: Pro- anced Budget and Emergency Deficit Control purposes of administrative expenses and on- vided further, That the Secretary shall pro- Act of 1985. going program management oversight as au- vide grantees with technical assistance on thorized under 49 U.S.C. 5334 and 5338(i)(2) contracting and procurement processes and TITLE X and shall be in addition to any other appro- shall require grantees, in contracting or pro- DEPARTMENT OF TRANSPORTATION priations for such purposes: Provided further, curing for management and administration That, of the funds made available under this FEDERAL AVIATION ADMINISTRATION of these funds, to incorporate performance heading, $6,000,000 shall be transferred to the requirements and penalties into any such FACILITIES AND EQUIPMENT Office of Inspector General to support the contracts or agreements and to maintain in- (AIRPORT AND AIRWAY TRUST FUND) oversight of activities funded under this formation with respect to performance on heading: Provided further, That such amounts For an additional amount for ‘‘Facilities the use of any funds for management and ad- are designated by the Congress as being for and equipment’’, $30,000,000, to be derived ministrative purposes: Provided further, That an emergency requirement pursuant to sec- from the Airport and Airway Trust Fund and in administering the funds under this head- tion 251(b)(2)(A)(i) of the Balanced Budget to remain available until expended, for nec- ing, the Secretary may waive, or specify al- and Emergency Deficit Control Act of 1985. essary expenses related to the consequences ternative requirements for, any provision of of Hurricane Sandy: Provided, That such DEPARTMENT OF HOUSING AND URBAN any statute or regulation that the Secretary amount is designated by the Congress as DEVELOPMENT administers in connection with the obliga- tion by the Secretary or the use by the re- being for an emergency requirement pursu- COMMUNITY PLANNING AND DEVELOPMENT cipient of these funds (except for require- ant to section 251(b)(2)(A)(i) of the Balanced COMMUNITY DEVELOPMENT FUND ments related to fair housing, non- Budget and Emergency Deficit Control Act For an additional amount for the ‘‘Commu- discrimination, labor standards, and the en- of 1985. nity Development Fund’’ for necessary ex- vironment), pursuant to a determination by FEDERAL HIGHWAY ADMINISTRATION penses related to disaster relief, long-term the Secretary that good cause exists for the FEDERAL-AID HIGHWAYS recovery, restoration of infrastructure and waiver or alternative requirement and that housing, economic revitalization, and miti- such action is not inconsistent with the EMERGENCY RELIEF PROGRAM gation in the most impacted and distressed overall purposes of title I of the Housing and For an additional amount for the Emer- areas resulting from a major disaster de- Community Development Act of 1974 (42 gency Relief Program as authorized under clared pursuant to the Robert T. Stafford U.S.C. 5301 et seq.): Provided further, That section 125 of title 23, United States Code, Disaster Relief and Emergency Assistance notwithstanding the previous proviso, recipi- $921,000,000, to remain available until ex- Act (42 U.S.C. 5121 et seq.), due to Hurricane ents of funds provided under this heading pended: Provided, That such amount is des- Sandy, for activities authorized under title I that use such funds to match or supplement ignated by the Congress as being for an of the Housing and Community Development Federal assistance provided under sections emergency requirement pursuant to section Act of 1974 (42 U.S.C. 5301 et seq.), 402, 403, 406, 407, or 502 of the Robert T. Staf- 251(b)(2)(A)(i) of the Balanced Budget and $17,000,000,000, to remain available until ex- ford Disaster Relief and Emergency Assist- Emergency Deficit Control Act of 1985. pended, of which at least $2,000,000,000 shall ance Act (42 U.S.C. 5121 et seq.) may adopt, FEDERAL RAILROAD ADMINISTRATION be used for mitigation projects to reduce fu- without review or public comment, any envi- ture risk and vulnerabilities: Provided, That ronmental review, approval, or permit per- GRANTS TO THE NATIONAL RAILROAD the Secretary shall establish a minimum al- formed by a Federal agency, and such adop- PASSENGER CORPORATION location for each eligible State declared a tion shall satisfy the responsibilities of the For an additional amount for the Sec- major disaster due to Hurricane Sandy: Pro- recipient with respect to such environmental retary to make grants to the National Rail- vided further, That, of the amount provided review, approval, or permit: Provided further, road Passenger Corporation for costs and under this heading, $500,000,000 shall be used That, notwithstanding 42 U.S.C. 5304(g)(2), losses incurred as a result of Hurricane to address the unmet needs of impacted the Secretary may, upon receipt of a request Sandy and to advance capital projects that areas resulting from a major disaster de- for release of funds and certification, imme- address Northeast Corridor infrastructure re- clared pursuant to the Robert T. Stafford diately approve the release of funds for an covery, mitigation and resiliency in the af- Disaster Relief Act (42 U.S.C. 5121 et seq.) or activity or project assisted under this head- fected areas, $336,000,000, to remain available for small, economically distressed areas with ing if the recipient has adopted an environ- until expended: Provided, That the Adminis- a disaster declared in 2011 or 2012: Provided mental review prepared under the National trator of the Federal Railroad Administra- further, That funds shall be awarded directly Environmental Policy Act of 1969 (42 U.S.C. tion may retain up to one-half of 1 percent of to the State or unit of general local govern- 4321 et seq.) or the project is categorically the funds provided under this heading to ment as a grantee at the discretion of the excluded from further review under the Na- fund the award and oversight by the Admin- Secretary: Provided further, That the Sec- tional Environmental Policy Act of 1969 (42 istrator of grants made under this heading: retary shall allocate to grantees not less U.S.C. 4321 et seq.): Provided further, That a Provided further, That such amount is des- than 33 percent of the funds provided under waiver granted by the Secretary may not re- ignated by the Congress as being for an this heading within 60 days after the enact- duce the percentage of funds which must be emergency requirement pursuant to section ment of this Act based on the best available used for activities that benefit persons of low 251(b)(2)(A)(i) of the Balanced Budget and data: Provided further, That prior to the obli- and moderate income to less than 50 percent, Emergency Deficit Control Act of 1985. gation of funds, a grantee shall submit a unless the Secretary specifically finds that

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Each amount designated in this making appropriations for the Depart- or eliminate the percentage requirement: Act by the Congress as an emergency re- ment of Defense and the other depart- Provided further, That the Secretary shall quirement pursuant to section 251(b)(2)(A)(i) ments and agencies of the Government publish in the Federal Register any waiver of of the Balanced Budget and Emergency Def- for the fiscal year ending September 30, any statute or regulation that the Secretary icit Control Act of 1985 shall be available administers pursuant to title I of the Hous- only if the President subsequently so des- 2011, and for other purposes; as follows: ing and Community Development Act of 1974 ignates all such amounts and transmits such At the end, add the following new section: no later than 5 days before the effective date designations to the Congress. Sec. lll of such waiver: Provided further, That funds SEC. 1103. (a) Not later than March 31, 2013, This Act shall become effective 7 days provided under this heading to for-profit en- in accordance with criteria to be established after enactment. terprises may only assist such enterprises by the Office of Management and Budget that meet the definition of small business as (OMB), Federal agencies shall submit to SA 3397. Mr. REID proposed an defined by the Small Business Administra- OMB and to the Committee on Appropria- amendment to amendment SA 3396 pro- tion under 13 CFR part 121: Provided further, tions of the House of Representatives and of posed by Mr. REID to the amendment That notwithstanding the previous proviso, the Senate internal control plans for funds SA 3395 proposed by Mr. REID to the funds may be provided to a for-profit enter- provided by this Act. prise, that does not meet such definition of (b) All programs and activities receiving bill H.R. 1, making appropriations for small business, but which provides a public funds under this Act shall be deemed to be the Department of Defense and the benefit, is publicly regulated, and is other- ‘‘susceptible to significant improper pay- other departments and agencies of the wise eligible for assistance under 42 U.S.C. ments’’ for purposes of the Improper Pay- Government for the fiscal year ending 5301 et seq., and the implementing regula- ments Information Act of 2002 (31 U.S.C. 3321 September 30, 2011, and for other pur- tions at 24 CFR Part 570.201(l): Provided fur- note) (IPIA), notwithstanding section 2(a) of poses; as follows: ther, That of the funds made available under IPIA. this heading, up to $10,000,000 may be trans- In the amendment, strike ‘‘7 days’’ and in- (c) In accordance with guidance to be sert ‘‘6 days’’. ferred to ‘‘Program Office Salaries and Ex- issued by the Director of OMB, agencies shall penses, Community Planning and Develop- identify those grants for which the funds SA 3398. Mr. REID proposed an ment’’ for technical assistance and adminis- provided by this Act should be expended by trative costs (including information tech- the grantees within the 24-month period fol- amendment to the bill H.R. 1, making nology costs), related solely to admin- lowing the agency’s obligation of funds for appropriations for the Department of istering funds available under this heading the grant. In the case of such grants, the Defense and the other departments and or funds made available under prior appro- agency shall include a term in the grant agencies of the Government for the fis- priations to the ‘‘Community Development that: cal year ending September 30, 2011, and Fund’’ for disaster relief, long-term recov- (1) requires the grantee to return to the for other purposes; as follows: ery, or emergency expenses: Provided further, agency any funds not expended within the 24- At the end, add the following new section: That, of the funds made available under this month period; and heading, $10,000,000 shall be transferred to (2) provides that the head of the agency Sec. lll ‘‘Office of Inspector General’’: Provided fur- may, after consultation with the Director of This Act shall become effective 5 days ther, That the amounts provided under this OMB, subsequently issue a waiver of this re- after enactment. heading are designated by the Congress as quirement based on a determination by the being for an emergency requirement pursu- head of the agency that exceptional cir- SA 3399. Mr. REID proposed an ant to section 251(b)(2)(A)(i) of the Balanced cumstances exist that justify an extension of amendment to amendment SA 3398 pro- Budget and Emergency Deficit Control Act the period in which the funds must be ex- posed by Mr. REID to the bill H.R. 1, of 1985. pended. making appropriations for the Depart- GENERAL PROVISIONS—THIS TITLE SEC. 1104. (a) In carrying out activities ment of Defense and the other depart- SEC. 1001. For fiscal year 2013, upon request funded by this Act, Federal agencies, in part- ments and agencies of the Government by a public housing agency and supported by nership with States, local communities and for the fiscal year ending September 30, documentation as required by the Secretary tribes, shall inform plans for response, recov- 2011, and for other purposes; as follows: of Housing and Urban Development that ery, and rebuilding to reduce vulnerabilities demonstrates that the need for the adjust- from and build long-term resiliency to future In the amendment, strike ‘‘5 days’’ and in- ment is due to the disaster, the Secretary extreme weather events, sea level rise, and sert ‘‘4 days’’. may make temporary adjustments to the coastal flooding. In carrying out activities Section 8 housing choice voucher annual re- funded by this title that involve repairing, SA 3400. Mr. REID proposed an newal funding allocations and administra- rebuilding, or restoring infrastructure and amendment to the bill H.R. 1, making tive fee eligibility determinations for public restoring land, project sponsors shall con- appropriations for the Department of housing agencies in an area for which the sider, where appropriate, the increased risks Defense and the other departments and President declared a disaster under title IV and vulnerabilities associated with future agencies of the Government for the fis- of the Robert T. Stafford Disaster Relief and extreme weather events, sea level rise and cal year ending September 30, 2011, and coastal flooding. Emergency Assistance Act (42 U.S.C. 5170 et for other purposes; as follows: seq.), to avoid significant adverse funding (b) Funds made available in this Act shall impacts that would otherwise result from be available to develop, in partnership with At the end, add the following new section: the disaster. State, local and tribal officials, regional pro- Sec. lll SEC. 1002. The Departments of Transpor- jections and assessments of future risks and This Act shall become effective 3 days tation and Housing and Urban Development vulnerabilities to extreme weather events, after enactment. shall submit to the Committees on sea level rise and coastal flooding that may Approppriations of the House of Representa- be used for the planning referred to in sub- SA 3401. Mr. REID proposed an tives and the Senate within 45 days after the section (a), and to encourage coordination amendment to amendment SA 3400 pro- date of the enactment of this Act a plan for and facilitate long-term community resil- posed by Mr. REID to the bill H.R. 1, implementing the provisions in this title, iency. making appropriations for the Depart- and updates to such plan on a biannual basis SEC. 1105. Recipients of Federal funds dedi- ment of Defense and the other depart- thereafter. cated to reconstruction efforts under this SEC. 1003. None of the funds provided in Act shall, to the greatest extent practicable, ments and agencies of the Government this title to the Department of Transpor- ensure that such reconstruction efforts for the fiscal year ending September 30, tation or the Department of Housing and maximize the utilization of technologies de- 2011, and for other purposes; as follows: Urban Development may be used to make a signed to mitigate future power outages, In the amendment, strike ‘‘3 days’’ and in- grant unless the Secretary of such Depart- continue delivery of vital services and main- sert ‘‘2 days’’. ment notifies the House and Senate Commit- tain the flow of power to facilities critical to tees on Appropriations not less than 3 full public health, safety and welfare. The Sec- SA 3402. Mr. REID proposed an business days before any project, State or lo- retary of Housing and Urban Development as amendment to amendment SA 3401 pro- cality is selected to receive a grant award to- chair of the Hurricane Sandy Rebuilding posed by Mr. REID to the amendment taling $1,000,000 or more is announced by ei- Task Force shall issue appropriate guide- ther Department or a modal administration. lines to implement this requirement. SA 3400 proposed by Mr. REID to the TITLE XI This Act may be cited as the ‘‘Disaster Re- bill H.R. 1, making appropriations for GENERAL PROVISIONS—THIS ACT lief Appropriations Act, 2013’’. the Department of Defense and the SEC. 1101. Each amount appropriated or other departments and agencies of the made available in this Act is in addition to SA 3396. Mr. REID proposed an Government for the fiscal year ending amounts otherwise appropriated for the fis- amendment to amendment SA 3395 pro- September 30, 2011, and for other pur- cal year involved. posed by Mr. REID to the bill H.R. 1, poses; as follows:

VerDate Mar 15 2010 06:51 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.029 S19DEPT1 jbell on DSK7SPTVN1PROD with S8224 CONGRESSIONAL RECORD — SENATE December 19, 2012 In the amendment, strike ‘‘2 days’’ and in- (A) by striking paragraph (1) and inserting ‘‘(A) the service fee required by subsection sert ‘‘1 day’’. the following: (k); and ‘‘(1) IN GENERAL.— ‘‘(B) a premium for the applicable crop SA 3403. Mr. LEAHY submitted an ‘‘(A) COVERAGES.—In the case of an eligible year that is equal to— amendment intended to be proposed by crop described in paragraph (2), the Sec- ‘‘(i) the product obtained by multiplying— him to the bill H.R. 1, making appro- retary of Agriculture shall operate a non- ‘‘(I) the number of acres devoted to the eli- priations for the Department of De- insured crop disaster assistance program to gible crop; fense and the other departments and provide coverages based on individual yields ‘‘(II) the yield, as determined by the Sec- (other than for value-loss crops) equivalent retary under subsection (e); agencies of the Government for the fis- to— ‘‘(III) the coverage level elected by the pro- cal year ending September 30, 2011, and ‘‘(i) catastrophic risk protection available ducer; for other purposes; which was ordered under section 508(b) of the Federal Crop In- ‘‘(IV) the average market price, as deter- to lie on the table; as follows: surance Act (7 U.S.C. 1508(b)); or mined by the Secretary; and At the appropriate place, insert the fol- ‘‘(ii) additional coverage available under ‘‘(ii) 5.25-percent premium fee. lowing: subsections (c) and (h) of section 508 of that ‘‘(3) LIMITED RESOURCE, BEGINNING, AND SO- Act (7 U.S.C. 1508) that does not exceed 65 Sec. lll. Increased Embassy Security CIALLY DISADVANTAGED FARMERS.—The addi- percent. Funds appropriated under the heading tional coverage made available under this ‘‘(B) ADMINISTRATION.—The Secretary shall ‘‘Administration of Foreign Affairs’’ under subsection shall be available to limited re- carry out this section through the Farm Title VIII of Division I of Public Law 112–74 source, beginning, and socially disadvan- Service Agency (referred to in this section as and as carried forward under Public Law 112– taged producers, as determined by the Sec- the ‘Agency’).’’; and retary, in exchange for a premium that is 50 175, may be transferred to, and merged with, (B) in paragraph (2)— any such other funds appropriated under percent of the premium determined for a (i) in subparagraph (A)— producer under paragraph (2). such title and heading: Provided, That such (I) in clause (i), by striking ‘‘and’’ after the transfers shall be subject to the regular noti- ‘‘(4) ADDITIONAL AVAILABILITY.— semicolon at the end; ‘‘(A) IN GENERAL.—As soon as practicable, fication procedures of the Committees on (II) by redesignating clause (ii) as clause Appropriations. the Secretary shall make assistance avail- (iii); and able to producers of an otherwise eligible (III) by inserting after clause (i) the fol- crop described in subsection (a)(2) that suf- SA 3404. Mr. MERKLEY (for himself, lowing: Ms. STABENOW, Mrs. MCCASKILL, Mr. fered losses— ‘‘(ii) for which additional coverage under ‘‘(i) to a 2012 annual fruit crop grown on a BAUCUS, Mr. WYDEN, Mr. FRANKEN, Mr. subsections (c) and (h) of section 508 of that bush or tree; and JOHNSON of South Dakota, and Mr. Act (7 U.S.C. 1508) is not available; and’’; and ‘‘(ii) in a county covered by a declaration UDALL of New Mexico) submitted an (ii) in subparagraph (B)— by the Secretary of a natural disaster for amendment intended to be proposed by (I) by inserting ‘‘(except ferns)’’ after ‘‘flo- production losses due to a freeze or frost. ricultural’’; him to the bill H.R. 1, making appro- ‘‘(B) ASSISTANCE.—The Secretary shall (II) by inserting ‘‘(except ferns)’’ after ‘‘or- make assistance available under subpara- priations for the Department of De- namental nursery’’; and graph (A) in an amount equivalent to assist- fense and the other departments and (III) by striking ‘‘(including ornamental ance available under paragraph (1), less any agencies of the Government for the fis- fish)’’ and inserting ‘‘(including ornamental fees not previously paid under paragraph (2). cal year ending September 30, 2011, and fish, but excluding tropical fish)’’; (b)(1) Effective October 1, 2017, subsection for other purposes; which was ordered (2) in subsection (d), by striking ‘‘The Sec- (a) and the amendments made by subsection to lie on the table; as follows: retary’’ and inserting ‘‘Subject to subsection (a) (other than the amendments made by (l), the Secretary’’; At the end of title I, add the following: clauses (i)(I) and (ii) of subsection (a)(1)(B)) (3) in subsection (k)(1)— GENERAL PROVISIONS—THIS CHAPTER are repealed. (A) in subparagraph (A), by striking ‘‘$250’’ (2) Effective October 1, 2017, section 196 of SEC. 101. (a) Section 531 of the Federal Crop and inserting ‘‘$260’’; and the Federal Agriculture Improvement and Insurance Act (7 U.S.C. 1531) is amended— (B) in subparagraph (B)— Reform Act of 1996 (7 U.S.C. 7333) shall be ap- (1) in subsection (c)(1), by striking ‘‘The (i) by striking ‘‘$750’’ and inserting ‘‘$780’’; plied and administered as if subsection (a) Secretary shall use such sums as are nec- and and the amendments made by subsection (a) essary from the Trust Fund’’ and inserting (ii) by striking ‘‘$1,875’’ and inserting (other than the amendments made by clauses ‘‘Of the funds of the Commodity Credit Cor- ‘‘$1,950’’; and (i)(I) and (ii) of subsection (a)(1)(B)) had not poration, the Secretary shall use such sums (4) by adding at the end the following: been enacted. ‘‘(l) PAYMENT EQUIVALENT TO ADDITIONAL as are necessary for fiscal year 2012’’; (c) This section is designated by Congress COVERAGE.— (2) in subsection (d)(2), by striking ‘‘The as being for an emergency requirement pur- ‘‘(1) IN GENERAL.—The Secretary shall Secretary shall use such sums as are nec- suant to— make available to a producer eligible for essary from the Trust Fund’’ and inserting (1) section 251(b)(2)(A)(i) of the Balanced noninsured assistance under this section a ‘‘Of the funds of the Commodity Credit Cor- Budget and Emergency Deficit Control Act payment equivalent to an indemnity for ad- poration, the Secretary shall use such sums of 1985 (2 U.S.C. 901(b)(2)(A)(i)); and ditional coverage under subsections (c) and as are necessary for fiscal year 2012’’; (2) section 4(g) of the Statutory Pay-As- (h) of section 508 of the Federal Crop Insur- (3) in subsection (e)(1)— You-Go Act of 2010 (Public Law 111-139; 2 ance Act (7 U.S.C. 1508) that does not exceed (A) by striking ‘‘The Secretary’’ and in- U.S.C. 933(g)). serting ‘‘Of the funds of the Commodity 65 percent, computed by multiplying— Credit Corporation, the Secretary’’; and ‘‘(A) the quantity that is less than 50 to 65 SA 3405. Mr. MERKLEY (for Mrs. percent of the established yield for the crop, (B) by striking ‘‘per year from the Trust MURRAY) proposed an amendment to as determined by the Secretary, specified in Fund’’ and inserting ‘‘for fiscal year 2012’’; the bill H.R. 4057, to amend title 38, (4) in subsection (f)(2)(A), by striking ‘‘the increments of 5 percent; Secretary shall use such sums as are nec- ‘‘(B) 100 percent of the average market United States Code, to direct the Sec- essary from the Trust Fund’’ and inserting price for the crop, as determined by the Sec- retary of Veterans Affairs to develop a ‘‘of the funds of the Commodity Credit Cor- retary; and comprehensive policy to improve out- poration, the Secretary shall use such sums ‘‘(C) a payment rate for the type of crop, as reach and transparency to veterans and as are necessary for fiscal year 2012’’; and determined by the Secretary, that reflects— members of the Armed Forces through (5) in subsection (i), by striking ‘‘Sep- ‘‘(i) in the case of a crop that is produced the provision of information on institu- tember 30, 2011’’ and inserting ‘‘September with a significant and variable harvesting tions of higher learning, and for other expense, the decreasing cost incurred in the 30, 2012 (except in the case of subsection (b), purposes; as follows: which shall be September 30, 2011)’’. production cycle for the crop that is, as ap- (b) This section is designated by Congress plicable— Strike all after the enacting clause and in- as being for an emergency requirement pur- ‘‘(I) harvested; sert the following: suant to— ‘‘(II) planted but not harvested; or SECTION 1. COMPREHENSIVE POLICY ON PRO- (1) section 251(b)(2)(A)(i) of the Balanced ‘‘(III) prevented from being planted be- VIDING EDUCATION INFORMATION Budget and Emergency Deficit Control Act cause of drought, flood, or other natural dis- TO VETERANS. of 1985 (2 U.S.C. 901(b)(2)(A)(i)); and aster, as determined by the Secretary; or (a) COMPREHENSIVE POLICY REQUIRED.— (2) section 4(g) of the Statutory Pay-As- ‘‘(ii) in the case of a crop that is produced (1) IN GENERAL.—Chapter 36 of title 38, You-Go Act of 2010 (Public Law 111-139; 2 without a significant and variable harvesting United States Code, is amended by adding at U.S.C. 933(g)). expense, such rate as shall be determined by the end the following new section: SEC. 102. (a) Section 196 of the Federal Ag- the Secretary. ‘‘§ 3698. Comprehensive policy on providing riculture Improvement and Reform Act of ‘‘(2) PREMIUM.—To be eligible to receive a education information to veterans 1996 (7 U.S.C. 7333) is amended— payment under this subsection, a producer ‘‘(a) COMPREHENSIVE POLICY REQUIRED.— (1) in subsection (a)— shall pay— The Secretary shall develop a comprehensive

VerDate Mar 15 2010 06:51 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.030 S19DEPT1 jbell on DSK7SPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — SENATE S8225 policy to improve outreach and transparency Postsecondary Education Data System of Secretary of Veterans Affairs shall conduct a to veterans and members of the Armed the Secretary of Education; market survey to determine the availability Forces through the provision of information ‘‘(ix) whether the institution provides stu- of the following: on institutions of higher learning. dents with technical support, academic sup- (1) A commercially available off-the-shelf ‘‘(b) SCOPE.—In developing the policy re- port, and other support services, including online tool that allows a veteran or member quired by subsection (a), the Secretary shall career counseling and job placement; and of the Armed Forces to assess whether the include each of the following elements: ‘‘(x) the information regarding the institu- veteran or member is academically ready to ‘‘(1) Effective and efficient methods to in- tion’s policies related to transfer of credit engage in postsecondary education and form individuals of the educational and vo- from other institutions, as required under training opportunities and whether the vet- cational counseling provided under section section 485(h)(1) of the Higher Education Act eran or member would need any remedial 3697A of this title. of 1965 (20 U.S.C. 1092(h)(1)) and provided to preparation before beginning such opportuni- ‘‘(2) A centralized mechanism for tracking the Secretary of Education under section ties. and publishing feedback from students and 132(i)(1)(V)(iv) of such Act (20 U.S.C. (2) A commercially available off-the-shelf State approving agencies regarding the qual- 1015a(i)(1)(V)(iv)). online tool that provides a veteran or mem- ity of instruction, recruiting practices, and ‘‘(2) To the extent practicable, the Sec- ber of the Armed Forces with a list of pro- post-graduation employment placement of retary shall provide the information de- viders of postsecondary education and train- institutions of higher learning that— scribed in paragraph (1) by including ing opportunities based on criteria selected ‘‘(A) allows institutions of higher learning hyperlinks on the Internet website of the De- by the veteran or member. to verify feedback and address issues regard- partment to other Internet websites that (c) REPORT.—Not later than 90 days after ing feedback before the feedback is pub- contain such information, including the the date of the enactment of this Act, the lished; Internet website of the Department of Edu- Secretary of Veterans Affairs shall submit to ‘‘(B) protects the privacy of students, in- cation, in a form that is comprehensive and the appropriate committees of Congress a re- cluding by not publishing the names of stu- easily understood by veterans, members of port that includes— dents; and the Armed Forces, and other individuals. (1) a description of the policy developed by ‘‘(C) publishes only feedback that conforms ‘‘(3)(A) If the Secretary of Veterans Affairs the Secretary under section 3698(a) of title with criteria for relevancy that the Sec- requires, for purposes of providing informa- 38, United States Code, as added by sub- retary shall determine. tion pursuant to subsection (b)(5), informa- section (a); ‘‘(3) The merit of and the manner in which tion that has been reported, or information (2) a plan of the Secretary to implement a State approving agency shares with an ac- that is similar to information that has been such policy; and crediting agency or association recognized reported, by an institution of higher learning (3) the results of the survey conducted by the Secretary of Education under subpart to the Secretary of Education, the Secretary under subsection (b), including whether the 2 of part H of title IV of the Higher Edu- of Defense, the Secretary of Labor, or the Secretary plans to implement the tools de- cation Act of 1965 (20 U.S.C. 1099b) informa- heads of other Federal agencies under a pro- scribed in such subsection. tion regarding the State approving agency’s vision of law other than under this section, (d) DEFINITIONS.—In this section: evaluation of an institution of higher learn- the Secretary of Veterans Affairs shall ob- (1) APPROPRIATE COMMITTEES OF CON- ing. tain the information the Secretary of Vet- GRESS.—The term ‘‘appropriate committees ‘‘(4) Description of the information pro- erans Affairs requires from the Secretary or of Congress’’ means— vided to individuals participating in the head with the information rather than the (A) the Committee on Veterans’ Affairs Transition Assistance Program under sec- institution of higher learning. and the Committee on Health, Education, tion 1144 of title 10 relating to institutions of ‘‘(B) If the Secretary of Veterans Affairs Labor, and Pensions of the Senate; and higher learning. requires, for purposes of providing informa- (B) the Committee on Veterans’ Affairs ‘‘(5) Effective and efficient methods to pro- tion pursuant to subsection (b)(5), informa- and the Committee on Education and the vide veterans and members of the Armed tion from an institution of higher learning Workforce of the House of Representatives. Forces with information regarding postsec- that has not been reported to another Fed- (2) COMMERCIALLY AVAILABLE OFF-THE- ondary education and training opportunities eral agency, the Secretary shall, to the de- SHELF.—The term ‘‘commercially available available to the veteran or member. gree practicable, obtain such information off-the-shelf’’ has the meaning given that term in section 104 of title 41, United States ‘‘(c) POSTSECONDARY EDUCATION INFORMA- through the Secretary of Education. Code. TION.—(1) The Secretary shall ensure that ‘‘(d) CONSISTENCY WITH EXISTING EDU- (3) POSTSECONDARY EDUCATION AND TRAIN- the information provided pursuant to sub- CATION POLICY.—In carrying out this section, ING OPPORTUNITIES.—The term ‘‘postsec- section (b)(5) includes— the Secretary shall ensure that— ondary education and training opportuni- ‘‘(A) an explanation of the different types ‘‘(1) the comprehensive policy is consistent ties’’ means any postsecondary program of of accreditation available to educational in- with any requirements and initiatives result- education, including apprenticeships and on- stitutions and programs of education; ing from Executive Order No. 13607; and job training, for which the Secretary of Vet- ‘‘(B) a description of Federal student aid ‘‘(2) the efforts of the Secretary to imple- erans Affairs provides assistance to a vet- programs; and ment the comprehensive policy do not dupli- eran or member of the Armed Forces. ‘‘(C) for each institution of higher learn- cate the efforts being taken by any Federal ing, for the most recent academic year for agencies. SEC. 2. PROHIBITION ON CERTAIN USES OF IN- ‘‘(e) COMMUNICATION WITH INSTITUTIONS OF DUCEMENTS BY EDUCATIONAL IN- which information is available— STITUTIONS. ‘‘(i) whether the institution is public, pri- HIGHER LEARNING.—To the extent prac- ticable, if the Secretary considers it nec- Section 3696 of title 38, United States Code, vate nonprofit, or proprietary for-profit; is amended by adding at the end the fol- ‘‘(ii) the name of the national or regional essary to communicate with an institution of higher learning to carry out the com- lowing new subsection: accrediting agency that accredits the insti- ‘‘(d)(1) The Secretary shall not approve prehensive policy required by subsection (a), tution, including the contact information under this chapter any course offered by an the Secretary shall carry out such commu- used by the agency to receive complaints educational institution if the educational in- nication through the use of a communication from students; stitution provides any commission, bonus, or system of the Department of Education. ‘‘(iii) information on the State approving other incentive payment based directly or ‘‘(f) DEFINITIONS.—In this section: agency, including the contact information indirectly on success in securing enrollments ‘‘(1) The term ‘institution of higher learn- used by the agency to receive complaints or financial aid to any persons or entities en- ing’ has the meaning given that term in sec- from students; gaged in any student recruiting or admission tion 3452(f) of this title. ‘‘(iv) whether the institution participates activities or in making decisions regarding ‘‘(2) The term ‘postsecondary education in any programs under title IV of the Higher the award of student financial assistance. Education Act of 1965 (20 U.S.C. 1070 et seq.); and training opportunities’ means any post- ‘‘(2) To the degree practicable, the Sec- ‘‘(v) the tuition and fees; secondary program of education, including retary shall carry out paragraph (1) in a ‘‘(vi) the median amount of debt from Fed- apprenticeships and on-job training, for manner that is consistent with the Secretary eral student loans under title IV of the High- which the Secretary of Veterans Affairs pro- of Education’s enforcement of section er Education Act of 1965 (20 U.S.C. 1070 et vides assistance to a veteran or member of 487(a)(20) of the Higher Education Act of 1965 seq.) held by individuals upon completion of the Armed Forces.’’. (20 U.S.C. 1094(a)(20)).’’. (2) CLERICAL AMENDMENT.—The table of programs of education at the institution of SEC. 3. DEDICATED POINTS OF CONTACT FOR higher learning (as determined from infor- sections at the beginning of such chapter is SCHOOL CERTIFYING OFFICIALS. mation collected by the Secretary of Edu- amended by adding after the item relating to Section 3684 of title 38, United States Code, cation); section 3697A the following new item: is amended by adding at the end the fol- ‘‘(vii) the cohort default rate, as defined in ‘‘3698. Comprehensive policy on providing lowing new subsection: section 435(m) of the Higher Education Act education information to vet- ‘‘(d) Not later than 90 days after the date of of 1965 (20 U.S.C. 1085(m)), of the institution; erans.’’. the enactment of this subsection, the Sec- ‘‘(viii) the total enrollment, graduation (b) SURVEY.—In developing the policy re- retary shall ensure that the Department pro- rate, and retention rate, as determined from quired by section 3698(a) of title 38, United vides personnel of educational institutions information collected by the Integrated States Code, as added by subsection (a), the who are charged with submitting reports or

VerDate Mar 15 2010 06:51 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.032 S19DEPT1 jbell on DSK7SPTVN1PROD with S8226 CONGRESSIONAL RECORD — SENATE December 19, 2012 certifications to the Secretary under this (3) ensure the Federal sentencing guide- Sec. 204. Extension of report requirement for section with assistance in preparing and sub- lines and policy statements reflect the seri- Special Committee on Post- mitting such reports or certifications.’’. ousness of these offenses and the need to Traumatic-Stress Disorder. SEC. 4. LIMITATION ON AWARDS AND BONUSES deter such conduct; TITLE III—OTHER MATTERS TO EMPLOYEES OF DEPARTMENT OF (4) ensure reasonable consistency with Sec. 301. Off-base transition training for vet- VETERANS AFFAIRS. other relevant directives, Federal sentencing erans and their spouses. For fiscal year 2013, the Secretary of Vet- guidelines and policy statements, and re- Sec. 302. Requirement that judges on United erans Affairs may not pay more than lated Federal statutes; States Court of Appeals for Vet- $395,000,000 in awards or bonuses under chap- (5) make any necessary conforming erans Claims reside within 50 ter 45 or 53 of title 5, United States Code, or changes to the Federal sentencing guidelines miles of District of Columbia. any other awards or bonuses authorized and policy statements; and Sec. 303. Designation of Trinka Davis Vet- under such title. (6) ensure that the Federal sentencing erans Village. guidelines adequately meet the purposes of Sec. 304. Designation of William ‘‘Bill’’ SA 3406. Mr. MERKLEY (for Mr. sentencing as set forth in section 3553(a)(2) of Kling Department of Veterans KOHL (for himself and Mr. LEE)) pro- title 18, United States Code. Affairs Outpatient Clinic. posed an amendment to the bill H.R. (c) CONSULTATION.—In carrying out the re- Sec. 305. Designation of Mann-Grandstaff 6029, to amend title 18, United States view required under this section, the Com- Department of Veterans Affairs Medical Center. Code, to provide for increased penalties mission shall consult with individuals or groups representing law enforcement, owners Sec. 306. Designation of David F. Winder De- for foreign and economic espionage, of trade secrets, victims of economic espio- partment of Veterans Affairs and for other purposes; as follows: nage offenses, the United States Department Community Based Outpatient Strike all after the enacting clause and in- of Justice, the United States Department of Clinic. sert the following: Homeland Security, the United States De- SEC. 2. SCORING OF BUDGETARY EFFECTS. SECTION 1. SHORT TITLE. partment of State and the Office of the The budgetary effects of this Act, for the This Act may be cited as the ‘‘Foreign and United States Trade Representative. purpose of complying with the Statutory Economic Espionage Penalty Enhancement (d) REVIEW.—Not later than 180 days after Pay-As-You-Go-Act of 2010, shall be deter- Act of 2012’’. the date of enactment of this Act, the Com- mined by reference to the latest statement titled ‘‘Budgetary Effects of PAYGO Legisla- SEC. 2. PROTECTING U.S. BUSINESSES FROM FOR- mission shall complete its consideration and EIGN ESPIONAGE. review under this section. tion’’ for this Act, submitted for printing in the Congressional Record by the Chairman of (a) FOR OFFENSES COMMITTED BY INDIVID- Mr. MERKLEY (for Mrs. the Senate Budget Committee, provided that UALS.—Section 1831(a) of title 18, United SA 3407. such statement has been submitted prior to States Code, is amended, in the matter after MURRAY) proposed an amendment to the vote on passage. paragraph (5), by striking ‘‘not more than the bill S. 3202, to amend title 38, $500,000’’ and inserting ‘‘not more than United States Code, to ensure that de- TITLE I—CEMETERY MATTERS $5,000,000’’. ceased veterans with no known next of SEC. 101. FURNISHING CASKETS AND URNS FOR (b) FOR OFFENSES COMMITTED BY ORGANIZA- DECEASED VETERANS WITH NO kin can receive a dignified burial, and KNOWN NEXT OF KIN. TIONS.—Section 1831(b) of such title is for other purposes, as follows. amended by striking ‘‘not more than (a) IN GENERAL.—Section 2306 of title 38, Strike all after the enacting clause and in- $10,000,000’’ and inserting ‘‘not more than the United States Code, is amended— sert the following: greater of $10,000,000 or 3 times the value of (1) by redesignating subsections (f) and (g) the stolen trade secret to the organization, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. as subsections (g) and (h), respectively; including expenses for research and design (a) SHORT TITLE.—This Act may be cited as (2) by inserting after subsection (e) the fol- and other costs of reproducing the trade se- the ‘‘Dignified Burial and Other Veterans’ lowing new subsection (f): ‘‘(f) The Secretary may furnish a casket or cret that the organization has thereby avoid- Benefits Improvement Act of 2012’’. urn, of such quality as the Secretary con- ed’’. (b) TABLE OF CONTENTS.—The table of con- tents for this Act is as follows: siders appropriate for a dignified burial, for SEC. 3. REVIEW BY THE UNITED STATES SEN- burial in a national cemetery of a deceased TENCING COMMISSION. Sec. 1. Short title; table of contents. Sec. 2. Scoring of budgetary effects. veteran in any case in which the Secretary— (a) IN GENERAL.—Pursuant to its authority ‘‘(1) is unable to identify the veteran’s next TITLE I—CEMETERY MATTERS under section 994(p) of title 28, United States of kin, if any; and Code, the United States Sentencing Commis- Sec. 101. Furnishing caskets and urns for de- ‘‘(2) determines that sufficient resources sion shall review and, if appropriate, amend ceased veterans with no known for the furnishing of a casket or urn for the the Federal sentencing guidelines and policy next of kin. burial of the veteran in a national cemetery statements applicable to persons convicted Sec. 102. Veterans freedom of conscience are not otherwise available.’’; and of offenses relating to the transmission or protection. (3) in subsection (h), as redesignated by Sec. 103. Improved communication between attempted transmission of a stolen trade se- paragraph (1), by adding at the end the fol- Department of Veterans Affairs cret outside of the United States or eco- lowing new paragraph: nomic espionage, in order to reflect the in- and medical examiners and fu- ‘‘(4) A casket or urn may not be furnished tent of Congress that penalties for such of- neral directors. under subsection (f) for burial of a person de- fenses under the Federal sentencing guide- Sec. 104. Identification and burial of un- scribed in section 2411(b) of this title.’’. lines and policy statements appropriately, claimed or abandoned human (b) EFFECTIVE DATE.—Subsections (f) and reflect the seriousness of these offenses, ac- remains. (h)(4) of section 2306 of title 38, United States count for the potential and actual harm Sec. 105. Exclusion of persons convicted of Code, as added by subsection (a), shall take caused by these offenses, and provide ade- committing certain sex offenses effect on the date that is one year after the quate deterrence against such offenses. from interment or memorializa- date of the enactment of this Act and shall (b) REQUIREMENTS.—In carrying out this tion in national cemeteries, Ar- apply with respect to deaths occurring on or section, the United States Sentencing Com- lington National Cemetery, and after the date that is one year after the date mission shall— certain State veterans’ ceme- of the enactment of this Act. teries and from receiving cer- (1) consider the extent to which the Fed- SEC. 102. VETERANS FREEDOM OF CONSCIENCE eral sentencing guidelines and policy state- tain funeral honors. PROTECTION. ments appropriately account for the simple Sec. 106. Restoration, operation, and main- (a) IN GENERAL.—Section 2404 of title 38, misappropriation of a trade secret, including tenance of Clark Veterans Cem- United States Code, is amended by adding at the sufficiency of the existing enhancement etery by American Battle the end the following new subsection: for these offenses to address the seriousness Monuments Commission. ‘‘(h)(1) With respect to the interment or fu- of this conduct; Sec. 107. Report on compliance of Depart- neral, memorial service, or ceremony of a de- (2) consider whether additional enhance- ment of Veterans Affairs with ceased veteran at a national cemetery, the ments in the Federal sentencing guidelines industry standards for caskets Secretary shall ensure that— and policy statements are appropriate to ac- and urns. ‘‘(A) the expressed wishes of the next of count for— TITLE II—HEALTH CARE kin or other agent of the deceased veteran (A) the transmission or attempted trans- Sec. 201. Establishment of open burn pit reg- are respected and given appropriate def- mission of a stolen trade secret outside of istry. erence when evaluating whether the pro- the United States; and Sec. 202. Transportation of beneficiaries to posed interment or funeral, memorial serv- (B) the transmission or attempted trans- and from facilities of Depart- ice, or ceremony affects the safety and secu- mission of a stolen trade secret outside of ment of Veterans Affairs. rity of the national cemetery and visitors to the United States that is committed or at- Sec. 203. Extension of reduced pension for the cemetery; tempted to be committed for the benefit of a certain veterans covered by ‘‘(B) to the extent possible, all appropriate foreign government, foreign instrumen- medicaid plans for services fur- public areas of the cemetery, including com- tality, or foreign agent; nished by nursing facilities. mittal shelters, chapels, and benches, may be

VerDate Mar 15 2010 06:51 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.032 S19DEPT1 jbell on DSK7SPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — SENATE S8227 used by the family of the deceased veteran amended by inserting after the item relating Offender Registration and Notification Act for contemplation, prayer, mourning, or re- to section 2413 the following new item: (42 U.S.C. 16901 et seq.); flection; and ‘‘2414. Communication between Department ‘‘(B) who, for such crime, is sentenced to a ‘‘(C) during such interment or funeral, me- of Veterans Affairs and medical minimum of life imprisonment; and morial service, or ceremony, the family of examiners and funeral direc- ‘‘(C) whose conviction is final (other than a the deceased veteran may display any reli- tors.’’. person whose sentence was commuted by the gious or other symbols chosen by the family. (c) EFFECTIVE DATE.—Section 2414 of title President or Governor of a State, as the case ‘‘(2) Subject to regulations prescribed by 38, United States Code, as added by sub- may be).’’. the Secretary under paragraph (4), including section (a), shall take effect on the date of (b) CONFORMING AMENDMENTS.—Section such regulations ensuring the security of a the enactment of this Act and shall apply 2411(a)(2) of such title is amended— national cemetery, the Secretary shall, to with respect to deaths occurring on or after (1) by striking ‘‘or (b)(2)’’ each place it ap- the maximum extent practicable, provide to the date that is 180 days after the date of the pears and inserting ‘‘, (b)(2), or (b)(4)’’; and any military or volunteer veterans honor enactment of this Act. (2) by striking ‘‘capital’’ each place it ap- guard, including such guards belonging to a SEC. 104. IDENTIFICATION AND BURIAL OF UN- pears. veterans service organization or other non- CLAIMED OR ABANDONED HUMAN (c) EFFECTIVE DATE.—The amendments governmental group that provides services to REMAINS. made by this section shall apply with respect veterans, access to public areas of a national (a) IDENTIFICATION OF UNCLAIMED OR ABAN- to interments and memorializations that cemetery if such access is requested by the DONED HUMAN REMAINS.—The Secretary of occur on or after the date of the enactment next of kin or other agent of a deceased vet- Veterans Affairs shall cooperate with vet- of this Act. eran whose interment or funeral, memorial erans service organizations to assist entities SEC. 106. RESTORATION, OPERATION, AND MAIN- service, or ceremony is being held in such in possession of unclaimed or abandoned TENANCE OF CLARK VETERANS cemetery. human remains in determining if any such CEMETERY BY AMERICAN BATTLE ‘‘(3) With respect to the interment or fu- remains are the remains of veterans or other MONUMENTS COMMISSION. neral, memorial service, or ceremony of a de- individuals eligible for burial in a national (a) IN GENERAL.—After an agreement is ceased veteran at a national cemetery, the cemetery under the jurisdiction of the Sec- made between the Government of the Repub- Secretary shall notify the next of kin or retary. lic of the Philippines and the United States other agent of the deceased veteran of fu- (b) BURIAL OF UNCLAIMED OR ABANDONED Government, Clark Veterans Cemetery in neral honors available to the deceased vet- HUMAN REMAINS.— the Republic of the Philippines shall be eran, including such honors provided by any (1) FUNERAL EXPENSES.—Section 2302(a)(2) treated, for purposes of section 2104 of title military or volunteer veterans honor guard of title 38, United States Code, is amended by 36, United States Code, as a cemetery for described in paragraph (2). striking ‘‘who was a veteran of any war or which it was decided under such section that ‘‘(4) The Secretary shall prescribe regula- was discharged or released from the active the cemetery will become a permanent ceme- tions to carry out this subsection.’’. military, naval, or air service for a disability tery and the American Battle Monuments (b) INTERIM IMPLEMENTATION.—The Sec- incurred or aggravated in line of duty, whose Commission shall restore, operate, and retary may carry out paragraphs (1) through body is held by a State (or a political sub- maintain Clark Veterans Cemetery (to the (3) of section 2404(h) of such title, as added division of a State), and’’. degree the Commission considers appro- by subsection (a), before the Secretary pre- (2) TRANSPORTATION COSTS.—Section 2308 of priate) under such section in cooperation scribes regulations pursuant to paragraph (4) such title is amended— with the Government of the Republic of the of such section, as so added. (A) by striking ‘‘Where a veteran’’ and all Philippines. (c) REPORT.—Not later than 180 days after that follows through ‘‘compensation, the’’ (b) LIMITATION ON FUTURE BURIALS.—Bur- the date of the enactment of this Act, the and inserting ‘‘(a) IN GENERAL.—The’’; ials at the cemetery described in subsection Secretary of Veterans Affairs shall submit to (B) in subsection (a), as designated by sub- (a) after the date of the agreement described the Committee on Veterans’ Affairs of the paragraph (A), by inserting ‘‘described in in such subsection shall be limited to eligi- Senate and the Committee on Veterans’ Af- subsection (b)’’ after ‘‘of the deceased vet- ble veterans, as determined by the Commis- fairs of the House of Representatives a re- eran’’; and sion, whose burial does not incur any cost to port on the implementation of section 2404(h) (C) by adding at the end the following new the Commission. of such title, as added by subsection (a). subsection: (c) AUTHORIZATION OF APPROPRIATIONS.— Such report shall include a certification of ‘‘(b) DECEASED VETERAN DESCRIBED.—A de- There are authorized to be appropriated to whether the Secretary is in compliance with ceased veteran described in this subsection is the Commission— all of the provisions of such section. any of the following veterans: (1) $5,000,000 for site preparation, design, SEC. 103. IMPROVED COMMUNICATION BETWEEN ‘‘(1) A veteran who dies as the result of a planning, construction, and associated ad- DEPARTMENT OF VETERANS AF- service-connected disability. ministrative costs for the restoration of the FAIRS AND MEDICAL EXAMINERS ‘‘(2) A veteran who dies while in receipt of cemetery described in subsection (a); and AND FUNERAL DIRECTORS. disability compensation (or who but for the (2) amounts necessary to operate and (a) IN GENERAL.—Chapter 24 of title 38, receipt of retirement pay or pension under maintain the cemetery described in sub- United States Code, is amended by adding at this title, would have been entitled to com- section (a). the end the following new section: pensation). SEC. 107. REPORT ON COMPLIANCE OF DEPART- ‘‘§ 2414. Communication between Department ‘‘(3) A veteran whom the Secretary deter- MENT OF VETERANS AFFAIRS WITH of Veterans Affairs and medical examiners mines is eligible for funeral expenses under INDUSTRY STANDARDS FOR CAS- and funeral directors section 2302 of this title by virtue of the Sec- KETS AND URNS. (a) IN GENERAL.—Not later than 180 days ‘‘(a) REQUIRED INFORMATION.—With respect retary determining that the veteran has no after the date of the enactment of this Act, to each deceased veteran described in sub- next of kin or other person claiming the the Secretary of Veterans Affairs shall sub- section (b) who is transported to a national body of such veteran pursuant to subsection mit to the Committee on Veterans’ Affairs of cemetery for burial, the Secretary shall en- (a)(2)(A) of such section.’’. the Senate and the Committee on Veterans’ sure that the local medical examiner, fu- (3) EFFECTIVE DATE.—The amendments Affairs of the House of Representatives a re- neral director, county service group, or other made by this subsection shall take effect on port on the compliance of the Department of entity responsible for the body of the de- the date that is one year after the date of the Veterans Affairs with industry standards for ceased veteran before such transportation enactment of this Act and shall apply with caskets and urns. submits to the Secretary the following infor- respect to burials and funerals occurring on (b) ELEMENTS.—The report required by sub- mation: or after the date that is one year after the section (a) shall include the following: ‘‘(1) Whether the deceased veteran was cre- date of the enactment of this Act. (1) A description of industry standards for mated. SEC. 105. EXCLUSION OF PERSONS CONVICTED caskets and urns. ‘‘(2) The steps taken to ensure that the de- OF COMMITTING CERTAIN SEX OF- (2) An assessment of compliance with such ceased veteran has no next of kin. FENSES FROM INTERMENT OR ME- MORIALIZATION IN NATIONAL standards at national cemeteries adminis- ‘‘(b) DECEASED VETERAN DESCRIBED.—A de- CEMETERIES, ARLINGTON NA- tered by the Department with respect to cas- ceased veteran described in this subsection is TIONAL CEMETERY, AND CERTAIN kets and urns used for the interment of those a deceased veteran— STATE VETERANS’ CEMETERIES AND eligible for burial at such cemeteries. ‘‘(1) with respect to whom the Secretary FROM RECEIVING CERTAIN FU- determines that there is no next of kin or NERAL HONORS. TITLE II—HEALTH CARE other person claiming the body of the de- (a) PROHIBITION AGAINST.—Section 2411(b) SEC. 201. ESTABLISHMENT OF OPEN BURN PIT ceased veteran; and of title 38, United States Code, is amended by REGISTRY. ‘‘(2) who does not have sufficient resources adding at the end the following new para- (a) ESTABLISHMENT OF REGISTRY.— for the furnishing of a casket or urn for the graph: (1) IN GENERAL.—Not later than one year burial of the deceased veteran in a national ‘‘(4) A person— after the date of the enactment of this Act, cemetery, as determined by the Secretary.’’. ‘‘(A) who has been convicted of a Federal the Secretary of Veterans Affairs shall— (b) CLERICAL AMENDMENT.—The table of or State crime causing the person to be a (A) establish and maintain an open burn sections at the beginning of such chapter is tier III sex offender for purposes of the Sex pit registry for eligible individuals who may

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have been exposed to toxic airborne chemi- cifically designed and manufactured for the (4) SELECTION OF LOCATIONS.—The Sec- cals and fumes caused by open burn pits; burning of solid waste. retary shall select locations for the provision (B) include any information in such reg- SEC. 202. TRANSPORTATION OF BENEFICIARIES of training under subsection (a) to facilitate istry that the Secretary of Veterans Affairs TO AND FROM FACILITIES OF DE- access by participants and may not select determines necessary to ascertain and mon- PARTMENT OF VETERANS AFFAIRS. any location on a military installation other itor the health effects of the exposure of (a) IN GENERAL.—Chapter 1 of title 38, than a National Guard or reserve facility members of the Armed Forces to toxic air- United States Code, is amended by inserting that is not located on an active duty mili- borne chemicals and fumes caused by open after section 111 the following new section: tary installation. burn pits; ‘‘§ 111A. Transportation of individuals to and (d) INCLUSION OF INFORMATION ABOUT VET- (C) develop a public information campaign from Department facilities ERANS BENEFITS.—The Secretary shall ensure to inform eligible individuals about the open ‘‘(a) TRANSPORTATION BY SECRETARY.—(1) that the training provided under subsection burn pit registry, including how to register The Secretary may transport any person to (a) generally follows the content of the Tran- and the benefits of registering; and or from a Department facility or other place sition Assistance Program under section 1144 (D) periodically notify eligible individuals in connection with vocational rehabilitation, of title 10, United States Code. of significant developments in the study and counseling required by the Secretary pursu- (e) ANNUAL REPORT.—Not later than March treatment of conditions associated with ex- ant to chapter 34 or 35 of this title, or for the 1 of any year during which the Secretary posure to toxic airborne chemicals and purpose of examination, treatment, or care. provides training under subsection (a), the fumes caused by open burn pits. ‘‘(2) The authority granted by paragraph Secretary shall submit to Congress a report (2) COORDINATION.—The Secretary of Vet- (1) shall expire on the date that is one year on the provision of such training. erans Affairs shall coordinate with the Sec- after the date of the enactment of this sec- (f) COMPTROLLER GENERAL REPORT.—Not retary of Defense in carrying out paragraph tion.’’. later than 180 days after the termination of (1). (b) CONFORMING AMENDMENT.—Subsection the one-year period described in subsection (a), the Comptroller General of the United (b) REPORT TO CONGRESS.— (h) of section 111 of such title is— States shall submit to Congress a report on (1) REPORTS BY INDEPENDENT SCIENTIFIC OR- (1) transferred to section 111A of such title, the training provided under such subsection. GANIZATION.—The Secretary of Veterans Af- as added by subsection (a); fairs shall enter into an agreement with an (2) redesignated as subsection (b); The report shall include the evaluation of independent scientific organization to pre- (3) inserted after subsection (a) of such sec- the Comptroller General regarding the feasi- pare reports as follows: tion; and bility and advisability of carrying out off- (A) Not later than two years after the date (4) amended by inserting ‘‘TRANSPORTATION base transition training at locations nation- on which the registry under subsection (a) is BY THIRD-PARTIES.—’’ before ‘‘The Sec- wide. established, an initial report containing the retary’’. SEC. 302. REQUIREMENT THAT JUDGES ON following: (c) CLERICAL AMENDMENT.—The table of UNITED STATES COURT OF APPEALS sections at the beginning of chapter 1 of such FOR VETERANS CLAIMS RESIDE (i) An assessment of the effectiveness of WITHIN 50 MILES OF DISTRICT OF actions taken by the Secretaries to collect title is amended by inserting after the item relating to section 111 the following new COLUMBIA. and maintain information on the health ef- (a) RESIDENCY REQUIREMENT.— item: fects of exposure to toxic airborne chemicals (1) IN GENERAL.—Section 7255 is amended to and fumes caused by open burn pits. ‘‘111A. Transportation of individuals to and read as follows: from Department facilities.’’. (ii) Recommendations to improve the col- ‘‘§ 7255. Offices, duty stations, and residences lection and maintenance of such informa- SEC. 203. EXTENSION OF REDUCED PENSION FOR ‘‘(a) PRINCIPAL OFFICE.—The principal of- tion. CERTAIN VETERANS COVERED BY fice of the Court of Appeals for Veterans (iii) Using established and previously pub- MEDICAID PLANS FOR SERVICES FURNISHED BY NURSING FACILI- Claims shall be in the Washington, D.C., lished epidemiological studies, recommenda- TIES. metropolitan area, but the Court may sit at tions regarding the most effective and pru- Section 5503(d)(7) of title 38, United States any place within the United States. dent means of addressing the medical needs Code, is amended by striking ‘‘September 30, ‘‘(b) OFFICIAL DUTY STATIONS.—(1) Except of eligible individuals with respect to condi- 2016’’ and inserting ‘‘November 30, 2016’’. as provided in paragraph (2), the official duty tions that are likely to result from exposure SEC. 204. EXTENSION OF REPORT REQUIREMENT station of each judge while in active service to open burn pits. FOR SPECIAL COMMITTEE ON POST- shall be the principal office of the Court of (B) Not later than five years after com- TRAUMATIC-STRESS DISORDER. Appeals for Veterans Claims. pleting the initial report described in sub- Section 110(e)(2) of the Veterans’ Health ‘‘(2) The place where a recall-eligible re- paragraph (A), a follow-up report containing Care Act of 1984 (Public Law 98–528; 38 U.S.C. tired judge maintains the actual abode in the following: 1712A note) is amended by striking ‘‘through which such judge customarily lives shall be (i) An update to the initial report described 2012’’ and inserting ‘‘through 2016’’. considered the recall-eligible retired judge’s in subparagraph (A). TITLE III—OTHER MATTERS official duty station. (ii) An assessment of whether and to what SEC. 301. OFF-BASE TRANSITION TRAINING FOR ‘‘(c) RESIDENCES.—(1) Except as provided in degree the content of the registry estab- VETERANS AND THEIR SPOUSES. paragraph (2), after appointment and while lished under subsection (a) is current and (a) PROVISION OF OFF-BASE TRANSITION in active service, each judge of the Court of scientifically up-to-date. TRAINING.—During the two-year period be- Appeals for Veterans Claims shall reside (2) SUBMITTAL TO CONGRESS.— ginning on the date of the enactment of this within 50 miles of the Washington, D.C., met- (A) INITIAL REPORT.—Not later than two Act, the Secretary of Labor shall provide the ropolitan area. years after the date on which the registry Transition Assistance Program under sec- ‘‘(2) Paragraph (1) shall not apply to recall- under subsection (a) is established, the Sec- tion 1144 of title 10, United States Code, to eligible retired judges of the Court of Ap- retary of Veterans Affairs shall submit to eligible individuals at locations other than peals for Veterans Claims.’’. Congress the initial report prepared under military installations to assess the feasi- (2) CLERICAL AMENDMENT.—The table of paragraph (1)(A). bility and advisability of providing such pro- sections at the beginning of chapter 72 is (B) FOLLOW-UP REPORT.—Not later than gram to eligible individuals at locations amended by striking the item relating to five years after submitting the report under other than military installations. section 7255 and inserting the following new subparagraph (A), the Secretary of Veterans (b) ELIGIBLE INDIVIDUALS.—For purposes of item: Affairs shall submit to Congress the follow- this section, an eligible individual is a vet- ‘‘7255. Offices, duty stations, and resi- up report prepared under paragraph (1)(B). eran or the spouse of a veteran. dences.’’. (c) DEFINITIONS.—In this section: (c) LOCATIONS.— (b) REMOVAL.—Section 7253(f)(1) is amended (1) ELIGIBLE INDIVIDUAL.—The term ‘‘eligi- (1) NUMBER OF STATES.—The Secretary by striking ‘‘or engaging in the practice of ble individual’’ means any individual who, on shall carry out the training under subsection law’’ and inserting ‘‘engaging in the practice or after September 11, 2001— (a) in not less than three and not more than of law, or violating section 7255(c) of this (A) was deployed in support of a contin- five States selected by the Secretary for pur- title’’. gency operation while serving in the Armed poses of this section. (c) EFFECTIVE DATE.— Forces; and (2) SELECTION OF STATES WITH HIGH UNEM- (1) IN GENERAL.—Subsection (c) of section (B) during such deployment, was based or PLOYMENT.—Of the States selected by the 7255, as added by subsection (a), and the stationed at a location where an open burn Secretary under paragraph (1), at least two amendment made by subsection (b) shall pit was used. shall be States with high rates of unemploy- take effect on the date that is 180 days after (2) OPEN BURN PIT.—The term ‘‘open burn ment among veterans. the date of the enactment of this Act. pit’’ means an area of land located in Af- (3) NUMBER OF LOCATIONS IN EACH STATE.— (2) APPLICABILITY.—The amendment made ghanistan or Iraq that— The Secretary shall provide training under by subsection (b) shall apply with respect to (A) is designated by the Secretary of De- subsection (a) to eligible individuals at a suf- judges confirmed on or after January 1, 2012. fense to be used for disposing solid waste by ficient number of locations within each SEC. 303. DESIGNATION OF TRINKA DAVIS VET- burning in the outdoor air; and State selected under this subsection to meet ERANS VILLAGE. (B) does not contain a commercially manu- the needs of eligible individuals in such (a) DESIGNATION.—The facility of the De- factured incinerator or other equipment spe- State. partment of Veterans Affairs located at 180

VerDate Mar 15 2010 06:51 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.033 S19DEPT1 jbell on DSK7SPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — SENATE S8229 Martin Drive in Carrollton, Georgia, shall COMMITTEE ON FOREIGN RELATIONS three times and passed; the motion to after the date of the enactment of this Act Mr. BINGAMAN. Mr. President, I ask reconsider be laid upon the table, with be known and designated as the ‘‘Trinka unanimous consent that the Com- no intervening action or debate; and Davis Veterans Village’’. mittee on Foreign Relations be author- that any related statements be printed (b) REFERENCES.—Any reference in any law, regulation, map, document, record, or ized to meet during the session of the in the RECORD. other paper of the United States to the facil- Senate on December 19, 2012, at 8:30 The PRESIDING OFFICER. Without ity referred to in subsection (a) shall be a.m., to hold a briefing entitled, ‘‘Ac- objection, it is so ordered. deemed to be a reference to the ‘‘Trinka countability Review Board’’. The amendment (No. 3405) was agreed Davis Veterans Village’’. The PRESIDING OFFICER. With ob- to. SEC. 304. DESIGNATION OF WILLIAM ‘‘BILL’’ jection, it is so ordered. (The amendment is printed in today’s KLING DEPARTMENT OF VETERANS RECORD under ‘‘Text of Amendments.’’) AFFAIRS OUTPATIENT CLINIC. COMMITTEE ON THE JUDICIARY (a) DESIGNATION.—The facility of the De- Mr. BINGAMAN. Mr. President, I ask The amendment was ordered to be partment of Veterans Affairs located at 9800 unanimous consent that the Com- engrossed and the bill to be read a West Commercial Boulevard in Sunrise, mittee on the Judiciary be authorized third time. Florida, shall after the date of the enact- to meet during the session of the Sen- The bill (H.R. 4057), as amended, was ment of this Act be known and designated as ate on December 19, 2012, at 10 a.m., in read the third time and passed. the ‘‘William ‘Bill’ Kling Department of Vet- f erans Affairs Outpatient Clinic’’. room SD–226 of the Dirksen Senate Of- (b) REFERENCES.—Any reference in a law, fice Building, to conduct a hearing en- FOREIGN AND ECONOMIC ESPIO- map, regulation, document, paper, or other titled ‘‘The State of the Right to Vote NAGE PENALTY ENHANCEMENT record of the United States to the facility re- After the 2012 Election.’’ ACT OF 2012 ferred to in subsection (a) shall be deemed to The PRESIDING OFFICER. With ob- be a reference to the ‘‘William ‘Bill’ Kling jection, it is so ordered. Mr. MERKLEY. I ask unanimous Department of Veterans Affairs Outpatient consent that the Senate proceed to the COMMITTEE ON VETERANS’ AFFAIRS Clinic’’. consideration of Calendar No. 493, H.R. Mr. BINGAMAN. Mr. President, I ask SEC. 305. DESIGNATION OF MANN-GRANDSTAFF 6029. DEPARTMENT OF VETERANS AF- unanimous consent that the Com- The PRESIDING OFFICER. The FAIRS MEDICAL CENTER. mittee on Veterans’ Affairs be author- (a) DESIGNATION.—The Department of Vet- clerk will report the bill by title. ized to meet during the session of the The legislative clerk read as follows: erans Affairs medical center in Spokane, Senate on December 19, 2012. A bill (H.R. 6029) to amend title 18, United Washington, shall after the date of the en- The PRESIDING OFFICER. With ob- actment of this Act be known and designated States Code, to provide for increased pen- as the ‘‘Mann-Grandstaff Department of Vet- jection, it is so ordered. alties for foreign and economic espionage, erans Affairs Medical Center’’. SUBCOMMITTEE ON FINANCIAL INSTITUTIONS ON and for other purposes. (b) REFERENCES.—Any reference in a law, CONSUMER PROTECTION There being no objection, the Senate map, regulation, document, paper, or other Mr. BINGAMAN. Mr. President, I ask proceeded to consider the bill. record of the United States to the Depart- unanimous consent that the Com- Mr. MERKLEY. I ask unanimous ment of Veterans Affairs medical center re- mittee on Banking, Housing, and ferred to in subsection (a) shall be deemed to consent that a Kohl-Lee substitute be a reference to the ‘‘Mann-Grandstaff De- Urban Affairs’ Subcommittee on Fi- amendment which is at the desk be partment of Veterans Affairs Medical Cen- nancial Institutions and Consumer agreed to; the bill, as amended, be read ter’’. Protection be authorized to meet dur- a third time and passed; the motions to SEC. 306. DESIGNATION OF DAVID F. WINDER DE- ing the session of the Senate on De- reconsider be laid upon the table with PARTMENT OF VETERANS AFFAIRS cember 19, 2012, at 10 a.m., to conduct a no intervening action or debate; and COMMUNITY BASED OUTPATIENT hearing entitled ‘‘Making Sense of CLINIC. that any statements related to the bill (a) DESIGNATION.—The Department of Vet- Consumer Credit Reports.’’ be printed in the RECORD. erans Affairs community based outpatient The PRESIDING OFFICER. With ob- The PRESIDING OFFICER. Without clinic located in Mansfield, Ohio, shall after jection, it is so ordered. objection, it is so ordered. the date of the enactment of this Act be Mr. MERKLEY. Mr. President, I ask The amendment (No. 3406) was agreed known and designated as the ‘‘David F. unanimous consent that the order for to as follows: Winder Department of Veterans Affairs Com- the quorum call be rescinded. (Purpose: In the nature of a substitute) munity Based Outpatient Clinic’’. The PRESIDING OFFICER. Without Strike all after the enacting clause and in- (b) REFERENCES.—Any reference in a law, objection, it is so ordered. map, regulation, document, paper, or other sert the following: record of the United States to the Depart- f SECTION 1. SHORT TITLE. ment of Veterans Affairs community based IMPROVING TRANSPARENCY OF This Act may be cited as the ‘‘Foreign and outpatient clinic referred to in subsection (a) EDUCATION OPPORTUNITIES FOR Economic Espionage Penalty Enhancement shall be deemed to be a reference to the VETERANS ACT OF 2012 Act of 2012’’. ‘‘David F. Winder Department of Veterans SEC. 2. PROTECTING U.S. BUSINESSES FROM FOR- Affairs Community Based Outpatient Clin- Mr. MERKLEY. Mr. President, I ask EIGN ESPIONAGE. ic’’. unanimous consent that the Veterans’ (a) FOR OFFENSES COMMITTED BY INDIVID- f Affairs Committee be discharged from UALS.—Section 1831(a) of title 18, United further consideration of H.R. 4057 and States Code, is amended, in the matter after AUTHORITY FOR COMMITTEES TO paragraph (5), by striking ‘‘not more than MEET the Senate proceed to its consider- ation. $500,000’’ and inserting ‘‘not more than $5,000,000’’. COMMITTEE ON COMMERCE, SCIENCE, AND The PRESIDING OFFICER. Without (b) FOR OFFENSES COMMITTED BY ORGANIZA- TRANSPORTATION objection, it is so ordered. The clerk Mr. BINGAMAN. Mr. President, I ask TIONS.—Section 1831(b) of such title is will report the bill by title. unanimous consent that the Com- amended by striking ‘‘not more than The legislative clerk read as follows: $10,000,000’’ and inserting ‘‘not more than the mittee on Commerce, Science, and A bill (H.R. 4057) to amend title 38, United greater of $10,000,000 or 3 times the value of Transportation be authorized to meet States Code, to direct the Secretary of Vet- the stolen trade secret to the organization, during the session of the Senate on De- erans Affairs to develop a comprehensive including expenses for research and design cember 19, 2012. policy to improve outreach and transparency and other costs of reproducing the trade se- The PRESIDING OFFICER. With ob- to veterans and members of the Armed cret that the organization has thereby avoid- jection, it is so ordered. Forces through the provision of information ed’’. COMMITTEE ON FINANCE on institutions of higher learning, and for SEC. 3. REVIEW BY THE UNITED STATES SEN- Mr. BINGAMAN. Mr. President, I ask other purposes. TENCING COMMISSION. unanimous consent that the Com- There being no objection, the Senate (a) IN GENERAL.—Pursuant to its authority proceeded to consider the bill. under section 994(p) of title 28, United States mittee on Finance be authorized to Code, the United States Sentencing Commis- meet during the session of the Senate Mr. MERKLEY. I ask unanimous sion shall review and, if appropriate, amend on December 19, 2012. consent that the Murray substitute the Federal sentencing guidelines and policy The PRESIDING OFFICER. With ob- amendment which is at the desk be statements applicable to persons convicted jection, it is so ordered. agreed to; the bill, as amended, be read of offenses relating to the transmission or

VerDate Mar 15 2010 06:51 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.033 S19DEPT1 jbell on DSK7SPTVN1PROD with S8230 CONGRESSIONAL RECORD — SENATE December 19, 2012 attempted transmission of a stolen trade se- bloc, with no intervening action or de- Elaine Jones, who reside in Westminster, cret outside of the United States or eco- bate, and that any related statements Massachusetts. nomic espionage, in order to reflect the in- be printed in the RECORD. (9) Mr. and Mrs. Jones organized the ship- tent of Congress that penalties for such of- The PRESIDING OFFICER. Without ment of supplies to soldiers serving along- fenses under the Federal sentencing guide- side their son, thereby supporting the morale lines and policy statements appropriately, objection, it is so ordered. of the members of the Armed Forces. reflect the seriousness of these offenses, ac- The bills (H.R. 3477, H.R. 3870, H.R. (10) Before entering combat, Lieutenant count for the potential and actual harm 3912, H.R. 5738, H.R. 5837, and H.R. 5954) Jones made arrangements to ensure that his caused by these offenses, and provide ade- were ordered to a third reading, were life insurance policy proceeds would become quate deterrence against such offenses. read the third time and passed. a scholarship fund to benefit others, a re- (b) REQUIREMENTS.—In carrying out this The bills (S. 3630 and S. 3662) were or- quest that Mr. and Mrs. Jones fulfilled. section, the United States Sentencing Com- dered to be engrossed for a third read- (11) Lieutenant Jones is remembered by his mission shall— ing, were read the time and passed, as family, his friends, and the people of the (1) consider the extent to which the Fed- follows: United States as a role model for his fellow eral sentencing guidelines and policy state- citizens to emulate. ments appropriately account for the simple S. 3630 (12) Lieutenant Jones’ spirit of generosity misappropriation of a trade secret, including (To designate the facility of the United has been commemorated by organizations the sufficiency of the existing enhancement States Postal Service located at 218 North ranging from the Commonwealth of Massa- for these offenses to address the seriousness Milwaukee Street in Waterford, Wisconsin, chusetts to the Boston Celtics. of this conduct; as the ‘‘Captain Rhett W. Schiller Post Of- (13) It is fitting that the life of Lieutenant (2) consider whether additional enhance- fice’’) Jones should be further memorialized for fu- ments in the Federal sentencing guidelines Be it enacted by the Senate and House of ture generations by naming the post office in and policy statements are appropriate to ac- Representatives of the United States of America Westminster, Massachusetts, in his honor. count for— in Congress assembled, SEC. 3. LIEUTENANT RYAN PATRICK JONES POST (A) the transmission or attempted trans- SECTION 1. CAPTAIN RHETT W. SCHILLER POST OFFICE BUILDING. mission of a stolen trade secret outside of OFFICE. (a) DESIGNATION.—The facility of the the United States; and (a) DESIGNATION.—The facility of the United States Postal Service located at 6 (B) the transmission or attempted trans- United States Postal Service located at 218 Nichols Street in Westminster, Massachu- mission of a stolen trade secret outside of North Milwaukee Street in Waterford, Wis- setts, shall be known and designated as the the United States that is committed or at- consin, shall be known and designated as the ‘‘Lieutenant Ryan Patrick Jones Post Office tempted to be committed for the benefit of a ‘‘Captain Rhett W. Schiller Post Office’’. Building’’. foreign government, foreign instrumen- (b) REFERENCES.—Any reference in a law, (b) REFERENCES.—Any reference in a law, tality, or foreign agent; map, regulation, document, paper, or other map, regulation, document, paper, or other (3) ensure the Federal sentencing guide- record of the United States to the facility re- record of the United States to the facility re- lines and policy statements reflect the seri- ferred to in subsection (a) shall be deemed to ferred to in subsection (a) shall be deemed to ousness of these offenses and the need to be a reference to the ‘‘Captain Rhett W. be a reference to the ‘‘Lieutenant Ryan Pat- deter such conduct; Schiller Post Office’’. rick Jones Post Office Building’’. (4) ensure reasonable consistency with S. 3662 f other relevant directives, Federal sentencing guidelines and policy statements, and re- (To designate the facility of the United DEPARTMENT OF STATE RE- lated Federal statutes; States Postal Service located at 6 Nichols WARDS PROGRAM UPDATE AND (5) make any necessary conforming Street in Westminster, Massachusetts, as the ‘‘Lieutenant Ryan Patrick Jones Post TECHNICAL CORRECTIONS ACT changes to the Federal sentencing guidelines OF 2012 and policy statements; and Office Building’’) (6) ensure that the Federal sentencing Be it enacted by the Senate and House of Rep- Mr. MERKLEY. Mr. President, I ask guidelines adequately meet the purposes of resentatives of the United States of America in unanimous consent the Senate proceed sentencing as set forth in section 3553(a)(2) of Congress assembled, to the immediate consideration of Cal- title 18, United States Code. SECTION 1. SHORT TITLE. endar No. 537, S. 2318. (c) CONSULTATION.—In carrying out the re- This Act may be cited as the ‘‘Lieutenant The PRESIDING OFFICER. The view required under this section, the Com- Ryan Patrick Jones Post Office Designation clerk will report the bill by title. mission shall consult with individuals or Act’’. The legislative clerk read as follows: groups representing law enforcement, owners SEC. 2. FINDINGS. A bill (S. 2318) to authorize the Secretary of trade secrets, victims of economic espio- Congress finds the following: of State to pay a reward to combat nage offenses, the United States Department (1) First Lieutenant Ryan Patrick Jones transnational organized crime and for infor- of Justice, the United States Department of volunteered to serve the United States in the mation concerning foreign nationals wanted Homeland Security, the United States De- Army. by international criminal tribunals, and for partment of State and the Office of the (2) Lieutenant Jones earned his rank, the other purposes. United States Trade Representative. Army Achievement Medal, the Purple Heart, EVIEW.—Not later than 180 days after (d) R the Bronze Star, the Iraqi Freedom Medal, The Senate proceeded to consider the the date of enactment of this Act, the Com- the Combat Action Badge, and the War on bill which had been reported from the mission shall complete its consideration and Terrorism Badge through his dedication to review under this section. Committee on Foreign Relations, with the highest ideals of the United States. an amendment to strike all after the The amendment was ordered to be (3) Lieutenant Jones chose from a young engrossed and the bill to be read a enacting clause and insert in lieu age to generously volunteer his talents to thereof the following: third time. his community, and was recognized with aca- The bill (H.R. 6029), as amended, was demic, social, and athletic leadership posi- SECTION 1. SHORT TITLE. read the third time and passed. tions throughout his life. This Act may be cited as the ‘‘Department of State Rewards Program Update and Technical f (4) Lieutenant Jones committed himself to excellence in all aspects of his life, including Corrections Act of 2012’’. MEASURES DISCHARGED earning a Bachelor of Science degree, with SEC. 2. FINDINGS; SENSE OF CONGRESS. Mr. MERKLEY. Mr. President, I ask honors, in civil and environmental engineer- (a) FINDINGS.—Congress makes the following unanimous consent that the Homeland ing. findings: (5) While earning his engineering degree at (1) The Department of State’s existing rewards Security and Governmental Affairs Worcester Polytechnic Institute, Lieutenant programs permit the payment of reward for in- Committee be discharged from the fol- Jones was awarded a Reserve Officers’ Train- formation leading to the arrest or conviction lowing postal naming bills en bloc and ing Corps scholarship. of— that the Senate proceed to their con- (6) Lieutenant Jones faithfully and (A) individuals who have committed, or at- sideration en bloc: H.R. 3477, H.R. 3870, expertly led his fellow soldiers as a platoon tempted or conspired to commit, certain acts of H.R. 3912, H.R. 5738, H.R. 5837, H.R. 5954, leader in the Army’s First Infantry Division international terrorism; S. 3630, and S. 3662. while deployed to Iraq in 2007. (B) individuals who have committed, or at- The PRESIDING OFFICER. Without (7) Lieutenant Jones made the ultimate tempted or conspired to commit, certain nar- sacrifice for the United States on May 2, cotics-related offenses; and objection, it is so ordered. 2007, when he was killed in action by an im- (C) individuals who have been indicted by cer- Mr. MERKLEY. I ask unanimous provised explosive device set by the enemy. tain international criminal tribunals. consent that the bills be read a third (8) Lieutenant Jones’ life of service, cour- (2) The Department of State considers the re- time and passed en bloc, the motions to age, and honor was made possible by his wards program to be ‘‘one of the most valuable reconsider be laid upon the table en dedicated parents, Mr. Kevin Jones and Mrs. assets the U.S. Government has in the fight

VerDate Mar 15 2010 06:51 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00076 Fmt 4624 Sfmt 6333 E:\CR\FM\A19DE6.044 S19DEPT1 jbell on DSK7SPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — SENATE S8231 against international terrorism’’. Since the pro- ‘‘(3) ADVANCE NOTIFICATION FOR INTER- DIGNIFIED BURIAL OF VETERANS gram’s inception in 1984, the United States Gov- NATIONAL CRIMINAL TRIBUNAL REWARDS.—Not ACT OF 2012 ernment has rewarded over 60 people who pro- less than 15 days before publicly announcing vided actionable information that, according to that a reward may be offered for a particular Mr. MERKLEY. Mr. President, I ask the Department of State, prevented inter- foreign national accused of war crimes, crimes unanimous consent the Veterans’ Af- national terrorist attacks or helped convict indi- against humanity, or genocide, the Secretary of fairs Committee be discharged from viduals involved in terrorist attacks. State shall submit to the appropriate congres- further consideration of S. 3202, and (3) The program has been credited with pro- sional committees a report, which may be sub- the Senate proceed to its consider- viding information in several high-profile cases, mitted in classified form if necessary, setting ation. including the arrest of Ramzi Yousef, who was forth the reasons why the arrest or conviction of The PRESIDING OFFICER. Without convicted in the 1993 bombing of the World such foreign national is in the national interests objection, it is so ordered. The clerk Trade Center, the deaths of Uday and Qusay of the United States.’’; and Hussein, who United States military forces lo- (4) in subsection (k)— will report the bill by title. cated and killed in Iraq after receiving informa- (A) by redesignating paragraphs (5) and (6) as The legislative clerk read as follows: tion about their locations, and the arrests or paragraphs (7) and (8), respectively; and A bill (S. 3202) to amend title 38, United deaths of several members of the Abu Sayyaf (B) by inserting after paragraph (4) the fol- States Code, to ensure that deceased vet- group, believed to be responsible for the lowing new paragraphs: erans with no known next of kin can receive kidnappings and deaths of United States citi- ‘‘(5) TRANSNATIONAL ORGANIZED CRIME.—The a dignified burial, and for other purposes. zens and Filipinos in the Philippines. term ‘transnational organized crime’ means— There being no objection, the Senate (b) SENSE OF CONGRESS.—It is the sense of ‘‘(A) racketeering activity (as such term is de- proceeded to consider the bill. Congress that the rewards program of the De- fined in section 1961 of title 18, United States Mr. MERKLEY. I ask unanimous Code) that involves at least one jurisdiction out- partment of State should be expanded in order consent the Murray substitute amend- to— side the United States; or (1) address the growing threat to important ‘‘(B) any other criminal offense punishable by ment at the desk be agreed to, the bill, United States interests from transnational crimi- a term of imprisonment of at least four years as amended, be read three times and nal activity, such as intellectual property rights under Federal, State, or local law that involves passed, the motion to reconsider be piracy, money laundering, trafficking in per- at least one jurisdiction outside the United laid upon the table, with no inter- sons, arms trafficking, and cybercrime; and States and that is intended to obtain, directly or vening action or debate, and any state- (2) target other individuals indicted by inter- indirectly, a financial or other material benefit. ments be printed in the RECORD. national, hybrid, or mixed tribunals for geno- ‘‘(6) TRANSNATIONAL ORGANIZED CRIME The PRESIDING OFFICER. Without cide, war crimes, or crimes against humanity. GROUP.—The term ‘transnational organized crime group’ means a group of persons that in- objection, it is so ordered. SEC. 3. ENHANCED REWARDS AUTHORITY. The amendment (No. 3407) was agreed Section 36 of the State Department Basic Au- cludes one or more citizens of a foreign country, exists for a period of time, and acts in concert to. thorities Act of 1956 (22 U.S.C. 2708) is amend- (The text of the amendment is print- ed— with the aim of engaging in transnational orga- (1) in subsection (a)(2), by inserting ‘‘serious nized crime.’’. ed in today’s RECORD under ‘‘Text Of violations of international humanitarian law, SEC. 4. TECHNICAL CORRECTION. Amendments.’’) transnational organized crime,’’ after ‘‘inter- Section 36(e)(1) of the State Department Basic The bill (S. 3202), as amended, was or- national narcotics trafficking,’’; Authorities Act of 1956 (22 U.S.C. 2708) is dered to be engrossed for a third read- (2) in subsection (b)— amended by striking ‘‘The Secretary shall au- ing, was read the third time, and (A) in the matter preceding paragraph (1), by thorize a reward of $50,000,000 for the capture or passed. striking ‘‘Attorney General’’ and inserting death or information leading to the capture or ‘‘heads of other relevant departments or agen- death of Osama bin Laden.’’. f cies’’; SEC. 5. RULE OF CONSTRUCTION. IMPROVING VETERANS ACCESS TO (B) in paragraphs (4) and (5), by striking Nothing in this Act or the amendments made FEDERAL SURPLUS PERSONAL ‘‘paragraph (1), (2), or (3)’’ both places it ap- by this Act shall be construed as authorizing the PROPERTY pears and inserting ‘‘paragraph (1), (2), (3), (8), use of activity precluded under the American or (9)’’; Servicemembers’ Protection Act of 2002 (title II Mr. MERKLEY. Mr. President, I ask (C) in paragraph (6)— of Public Law 107–206; 22 U.S.C. 7421 et seq.). unanimous consent the Senate now (i) by inserting ‘‘or transnational organized SEC. 6. FUNDING. proceed to the consideration of S. 3698, crime group’’ after ‘‘terrorist organization’’; and The Secretary of State shall use amounts ap- which was submitted earlier today. (ii) by striking ‘‘or’’ at the end; propriated or otherwise made available to the The PRESIDING OFFICER. The (D) in paragraph (7)— (i) in the matter preceding subparagraph (A), Emergencies in the Diplomatic and Consular clerk will report the bill by title. by striking ‘‘, including the use by the organiza- Services account of the Department of State to The legislative clerk read as follows: tion of illicit narcotics production or inter- pay rewards authorized pursuant to this Act A bill (S. 3698) to amend title 40, United national narcotics trafficking’’ and inserting and to carry out other activities related to such States Code, to improve veterans service or- ‘‘or transnational organized crime group, in- rewards authorized under section 36 of the State ganizations access to federal surplus per- cluding the use by such organization or group Department Basic Authorities Act (22 U.S.C. sonal property. of illicit narcotics production or international 2708). There being no objection, the Senate narcotics trafficking’’; Mr. MERKLEY. I further ask the proceeded to consider the bill. (ii) in subparagraph (A), by inserting ‘‘or committee-reported substitute amend- Mr. MERKLEY. I ask unanimous transnational organized crime’’ after ‘‘inter- ment be agreed to, the bill as amended consent the bill be read a third time national terrorism’’; and be read a third time, and the Senate and passed, the motion to reconsider be (iii) in subparagraph (B)— immediately proceed to a voice vote on (I) by inserting ‘‘or transnational organized laid upon the table, and any state- crime group’’ after ‘‘terrorist organization’’; and passage of the bill as amended. ments relating to the bill be printed in (II) by striking the period at the end and in- The PRESIDING OFFICER. Without the RECORD. serting a semicolon; and objection, it is so ordered. The PRESIDING OFFICER. Without (E) by adding at the end the following new The committee amendment in the objection, it is so ordered. paragraphs: nature of a substitute was agreed to. The bill (S. 3698) was ordered to be ‘‘(8) the arrest or conviction in any country of The bill was ordered to be engrossed engrossed for a third reading, was read any individual for participating in, primarily for a third reading and was read the the third time, and passed, as follows: outside the United States, transnational orga- third time. nized crime; S. 3698 ‘‘(9) the arrest or conviction in any country of The PRESIDING OFFICER. If there Be it enacted by the Senate and House of Rep- any individual conspiring to participate in or is no further debate, the question is on resentatives of the United States of America in attempting to participate in transnational orga- agreeing to the bill as amended. Congress assembled, nized crime; or The bill (S. 2318), as amended, was SECTION 1. SHORT TITLE. ‘‘(10) the arrest or conviction in any country, passed. This Act may be cited as the ‘‘Formerly or the transfer to or conviction by an inter- Mr. MERKLEY. I further ask the mo- Owned Resources for Veterans to Express national criminal tribunal (including a hybrid tion to reconsider be made and laid Thanks for Service Act of 2012’’ or the ‘‘FOR or mixed tribunal), of any foreign national ac- upon the table, without any inter- VETS Act of 2012’’. cused of war crimes, crimes against humanity, vening action or debate and any state- SEC. 2. VETERANS ACCESS TO FEDERAL EXCESS or genocide, as defined under the statute of AND SURPLUS PERSONAL PROP- such tribunal.’’; ment be printed in the RECORD. ERTY. (3) in subsection (g), by adding at the end the The PRESIDING OFFICER. Without Section 549(c)(3) of title 40, United States following new paragraph: objection, it is so ordered. Code, is amended—

VerDate Mar 15 2010 06:51 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.054 S19DEPT1 jbell on DSK7SPTVN1PROD with S8232 CONGRESSIONAL RECORD — SENATE December 19, 2012 (1) in subparagraph (A), by striking ‘‘or’’ at Senate, observing the 100th birthday of REID, MIKULSKI, DURBIN, PRYOR, NEL- the end; Rosa Parks and commemorating her SON of Florida, BROWN of Ohio, LIEBER- (2) in subparagraph (B)— legacy. I am especially pleased to have MAN, Mr. CONRAD, LAUTENBERG, KOHL, (A) in clause (viii), by adding ‘‘or’’ at the had the input of Senators STABENOW, CANTWELL, MCCASKILL, WYDEN, COONS, end; and BAUCUS, WHITEHOUSE, MANCHIN, BEN- (B) by striking clause (x); and SESSIONS, and ALEXANDER in the (3) by adding at the end the following: crafting of this resolution, which is be- NET, CARDIN, HAGAN, CASEY, BEGICH, ‘‘(C) for purposes of providing services to fitting one who so significantly con- MENENDEZ, WARNER, UDALL of New veterans (as defined in section 101 of title 38), tributed to the breaking down the bar- Mexico, KLOBUCHAR, INOUYE, CORKER, to an organization whose— riers of legal discrimination against JOHNSON of South Dakota, FRANKEN, ‘‘(i) membership comprises substantially African Americans, and equality for us ROCKEFELLER, UDALL of Colorado, veterans; and all. BLUMENTHAL, AKAKA, REED, SHAHEEN, ‘‘(ii) representatives are recognized by the Although Rosa Parks will be forever WEBB, MCCAIN, LUGAR, and GRASSLEY. Secretary of Veterans Affairs under section associated with one day in Mont- Mr. LEAHY. Mr. President, I am 5902 of title 38.’’. gomery, AL, she lived most of her life pleased the Senate will agree to S. Res. f in my home state of Michigan, and we 618, a resolution observing the 100th birthday of civil rights icon Rosa OBSERVING THE 100TH BIRTHDAY proudly claim her as our own. She con- Parks, and commemorating her legacy. OF ROSA PARKS tinued to dedicate her life to advancing equal opportunity and to educating our It is hard to believe that 57 years have Mr. MERKLEY. Mr. President, I ask youth about the past struggles for free- passed since Rosa Parks refused to give unanimous consent that the Judiciary dom, from slavery up to the civil rights up her seat on a public bus, a heroic Committee be discharged from further movement of the 1960s. act for a young woman from Tuskegee, consideration of S. Res. 618 and the In 1987, Rosa Parks and Elaine Steele AL, who joined so many in the fight for Senate proceed to its immediate con- co-founded the Rosa and Raymond civil rights. I am proud of the progress sideration. Parks Institute for Self-Development. this country has made toward equality The PRESIDING OFFICER. Without Its primary focus has been working for all, in large part thanks to the work and inspiration of leaders like objection, it is so ordered. with young people from across the Rosa Parks, although we as a Nation The clerk will report the resolution country and the world as part of the by title. have more work to do. ‘‘Pathways to Freedom’’ program. With Rosa’s brave act of defiance inspired The legislative clerk read as follows: the work of the Institute, we can truly A resolution (S. Res. 618) observing the a city-wide boycott and national move- say that in addition to having played a ment, and she remains an important 100th birthday of civil rights icon Rosa major role in shaping America’s past Parks and commemorating her legacy. symbol of the civil rights movement to and present, Rosa Parks is continuing There being no objection, the Senate this day. Her legacy reminds to help shape America’s future. Vermonters and Americans all over the proceeded to consider the resolution. In the spirit of the enormous con- Mr. LEVIN. Mr. President, over a country that one brave voice or action tributions of Rosa Parks to this Na- can shine a light on injustice and chal- half century ago, Rosa Parks sparked a tion, the Henry Ford Museum of Dear- revolution in American race relations lenge society to accept nothing less born, MI will commemorate the 100th than freedom and equality for all man- when she decided that she would no birthday of Rosa Parks by calling for a longer tolerate the humiliation and de- kind. national day of courage; and spon- In 2006 I was proud to work to reau- moralization of racial segregation on a soring a program that highlights her thorize one of the most important civil bus. The strength and spirit of this contributions to the civil rights move- rights laws in our history and to have courageous woman captured the con- ment. The activities will include a day- that voting rights legislation bare sciousness of not only the American long celebration, with both virtual and Rosa Parks’ name. Unfortunately, people but the entire world. Her stand on-site activities featuring nationally- some are trying to overturn that pro- on that December day in 1955 was not recognized speakers, musical and dra- tective and important law despite the an isolated incident but part of a life- matic interpretative performances, a continuing threat to the right to vote. time of struggle for equality and jus- panel presentation of ‘‘Rosa’s Story’’ As we commemorate her birth 100 tice. Twelve years earlier, in 1943, Rosa and a reading of the tale ‘‘Quiet years ago, I hope we can all agree that Parks had been arrested for violating Strength,’’ and will feature the actual threats to civil rights are not a relic of another one of the city’s bus related bus on which Rosa Parks sat as the the past. To honor Rosa Parks’ mem- segregation laws requiring blacks to centerpiece in commemorating Rosa ory, we must continue to fight to en- pay their fares at the front of the bus Parks’ extraordinary life and accom- sure that all Americans can vote and then get off of the bus and re-board plishments, and affording everyone the have their vote counted. I thank Sen- from the rear of the bus. The driver of opportunity to board the bus and sit in ator LEVIN for submitting this resolu- that bus was the same driver with the seat that Rosa Parks refused to tion and am proud to join him in com- whom she would have her confronta- give up. memorating the legacy of Rosa Parks. tion years later. Mr. President, in November of 2005, Mr. MERKLEY. Mr. President, I ask Rosa Parks, by her quiet courage, upon her passing, Rosa Parks became unanimous consent that the resolution symbolizes all that is vital about non- the first woman in the history of the be agreed to, the preamble be agreed violent protest, as she endured threats United States to lie in honor in the to, the motions to reconsider be laid of death and persisted as an advocate Capitol Rotunda. And, a few years ear- upon the table, with no intervening ac- for the simple, basic lessons she taught lier on June 15, 1999, Rosa Parks was tion or debate, and any statements be the Nation and from which the Nation presented with the highest honor of placed in the RECORD. has benefitted immeasurably. The bus Congress, the Congressional Gold The resolution (S. Res. 618) was boycott which Rosa Parks began was Medal, of which I was pleased to co- agreed to. the beginning of an American revolu- author. I was also pleased to be a part The preamble was agreed to. tion that elevated the status of African of the effort in directing the Architect The resolution, with its preamble, Americans nationwide and introduced of the Capitol to commission a statue reads as follows: to the world a young leader who would of Rosa Parks, which will soon be S. RES. 618 one day have a national holiday de- placed in the U.S. Capitol, making her Whereas Rosa Louise McCauley Parks was clared in his honor, the Reverend Mar- the second African American woman to born on February 4, 1913, in Tuskegee, Ala- tin Luther King, Jr. receive such an honor. bama, the first child of James and Leona February 4, 2013, marks the 100th An- Mr. President, the cosponsors of the (Edwards) McCauley; Whereas Rosa Parks dedicated her life to niversary of the birth of Rosa Parks. In resolution are: Senators STABENOW, the cause of universal human rights and recognition of this occasion, I am im- SESSIONS, ALEXANDER, LANDRIEU, COCH- truly embodied the love of humanity and mensely proud to be joined by 56 bipar- RAN, HARKIN, SHELBY, CORNYN, BOXER, freedom; tisan cosponsors of S. Res. 618, which MURRAY, COBURN, KERRY, HUTCHISON, Whereas Rosa Parks was arrested on De- was just adopted unanimously by the GILLIBRAND, MR. LEAHY, SANDERS, cember 1, 1955, in Montgomery, Alabama, for

VerDate Mar 15 2010 06:51 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.055 S19DEPT1 jbell on DSK7SPTVN1PROD with December 19, 2012 CONGRESSIONAL RECORD — SENATE S8233 refusing to give up her seat on a bus to a gram that highlights her contributions to Whereas the National World War II Mu- White man, and her stand for equal rights the civil rights movement, including a day- seum advances the mission of educating the became legendary; long celebration, with both virtual and on- public about the experience of the United Whereas news of the arrest of Rosa Parks site activities featuring nationally recog- States in World War II, covering all branches resulted in approximately 42,000 African- nized speakers, musical and dramatic inter- of the Armed Forces and the Merchant Ma- Americans boycotting Montgomery buses for pretative performances, a panel presentation rine, and documenting and highlighting ac- 381 days, beginning on December 5, 1955, of ‘‘Rosa’s Story’’ and a reading of the tale tivities on both the battlefront and home until the bus segregation law was changed on ‘‘Quiet Strength’’, featuring the actual bus front; December 21, 1956; on which Rosa Parks sat as the centerpiece Whereas the exhibits and programs of the Whereas the United States Supreme Court in commemorating Rosa Parks’ extraor- National World War II Museum portray why ruled on November 13, 1956, that the Mont- dinary life and accomplishments, and afford- the War occurred, how the War was won, and gomery segregation law was unconstitu- ing everyone the opportunity to board the what the War means today, and celebrate the tional, and on December 20, 1956, Mont- bus and sit in the seat that Rosa Parks re- spirit of the United States and enduring val- gomery officials were ordered to desegregate fused to give up; and ues displayed during the War; buses; Whereas the Rosa Parks Museum at Troy Whereas the National World War II Mu- Whereas the civil rights movement led to University and the Mobile Studio will com- seum emphasizes the diverse nature of the the Civil Rights Act of 1964 (Public Law 88– memorate the birthday of Rosa Parks with war effort of the United States, reflecting 352; 78 Stat. 241), which broke down the bar- the 100th Birthday Wishes Project, culmi- the contributions of women, African-Ameri- rier of legal discrimination against African- nating on February 4, 2013, with a 100th cans, Japanese-Americans, Hispanic Ameri- Americans and made equality before the law birthday celebration at the Davis Theatre cans, Native Americans, and other groups a reality for all people of the United States; for the Performing Arts in Montgomery, Ala- that have been neglected in many accounts Whereas Rosa Parks has been honored as bama, where 2,000 birthday wishes submitted of World War II; the ‘‘first lady of civil rights’’ and the by individuals throughout the United States Whereas the 12,000 landing craft designed ‘‘mother of the freedom movement’’, and her will be transformed into 200 graphic mes- and built by Higgins Industries in New Orle- quiet dignity ignited the most significant so- sages: Now, therefore, be it ans made amphibious invasions possible and cial movement in the history of the United Resolved, That the Senate— carried United States soldiers ashore in States; (1) observes the 100th birthday of civil every theatre and campaign during the War; Whereas, in 1987, Rosa Parks and her close rights icon Rosa Parks; and Whereas President Dwight D. Eisenhower, associate Elaine Steele cofounded the Rosa (2) commemorates the legacy of Rosa the former Supreme Commander of the Al- and Raymond Parks Institute for Self Devel- Parks to inspire all people of the United lied Expeditionary Forces in Europe, cred- opment to motivate and direct youth to States to stand up for freedom and the prin- ited Andrew Jackson Higgins, the chief exec- achieve their highest potential through Rosa ciples of the Constitution. utive officer of Higgins Industries, as the Parks’ philosophy of ‘‘quiet strength’’ and ‘‘man who won the war for us,’’ in a 1960s cross-cultural exposure for nurturing a glob- Mr. MERKLEY. Mr. President, I ask conversation with the preeminent historian al and inclusive perspective; that Senator WEBB be added as a co- Stephen E. Ambrose, leading Ambrose to ini- Whereas Rosa Parks was the recipient of sponsor. tiate plans for the National World War II many awards and accolades for her efforts on The PRESIDING OFFICER. Without Museum; behalf of racial harmony, including the Con- objection, it is so ordered. Whereas the National D-Day Museum, now gressional Gold Medal, the Spingarn Award, f known as the ‘‘National World War II Mu- which is the highest honor of the National seum’’, has made great strides in the devel- Association for the Advancement of Colored OPENING OF THE UNITED STATES opment of the facilities, exhibits, and pro- People for civil rights contributions, and the FREEDOM PAVILION grams at the Museum; Presidential Medal of Freedom, which is the Mr. MERKLEY. Mr. President, I ask Whereas the National World War II Mu- highest civilian honor in the United States, seum, since the grand opening on June 6, and was named one of the 20 most influential unanimous consent that the Senate 2000, which was the 56th anniversary of the and iconic figures of the 20th century; proceed to the immediate consider- D-Day invasion of Normandy, France, has at- Whereas Rosa Parks sparked one of the ation of S. Res. 625 submitted earlier tracted more than 3,000,000 visitors from largest movements in the United States today. across the United States and around the against racial segregation, and by her quiet The PRESIDING OFFICER. The world, and has reached millions more courage symbolizes all that is vital about clerk will report the resolution by through Internet-based and other distance nonviolent protest because of the way she title. learning programs; endured threats of death and persisted as an The legislative clerk read as follows: Whereas World War II veterans and home advocate for the basic lessons she taught the front supporters, recognized as the ‘‘greatest people of the United States; A resolution (S. Res. 625) recognizing the generation’’ because of the sacrifices of the Whereas Rosa Parks and her husband Ray- January 12, 2013, opening of the United veterans and home front supporters at a piv- mond Parks relocated to Michigan in 1957, States Freedom Pavilion: The Boeing Center otal time in United States history, are pass- and remained in Michigan until the death of at the National World War II Museum in New ing away at a rapid rate, creating an urgent Rosa Parks on October 24, 2005; Orleans, Louisiana, and supporting plans for need to preserve the stories, and to pay trib- Whereas, on Tuesday, October 26, 2005 the other educational pavilions and initiatives. ute to the service of the veterans and home United States Senate adopted a Resolution There being no objection, the Senate front supporters; expressing its condolences on the passing of proceeded to consider the resolution. Whereas Congress recognizes the need to Rosa Parks, and honored her life and accom- Mr. MERKLEY. Mr. President, I ask preserve forever the knowledge and history plishments; unanimous consent that the resolution of the most decisive achievement of the Whereas, in recognition of the historic con- be agreed to, the preamble be agreed United States during the 20th century and to tributions of Rosa Parks, her remains were portray that history to citizens, scholars, placed in the rotunda of the Capitol from Oc- to, the motions to reconsider be laid visitors, and school children for generations tober 30 to October 31, 2005, so that the peo- upon the table, with no intervening ac- to come; ple of the United States could pay their last tion or debate, and any statements re- Whereas Congress appropriated funds in respects to this great American; lating to the measure be printed in the 1992 to authorize the design and construction Whereas, in November 2005, Congress au- RECORD. of the National D-Day Museum to commemo- thorized the Joint Committee on the Library The PRESIDING OFFICER. Without rate the epic 1944 Normandy invasion, and to procure a statue of Rosa Parks to be objection, it is so ordered. appropriated additional funds in 1998, 2000, placed in the Capitol; The resolution (S. Res. 625) was 2001, 2002, 2003, and 2009 to help expand the Whereas the United States Postal Service agreed to. Museum to cover the entire experience of the will issue a stamp in February 2013 to honor The preamble was agreed to. United States in World War II, and the trans- Rosa Parks and her courage to act at a piv- The resolution, with its preamble, formational impact on the United States and otal moment in the civil rights movement; the world; Whereas, the bus on which Rosa Parks reads as follows: Whereas the World War II Memorial on the sparked a new era in the American quest for S. RES. 625 National Mall in Washington, DC, will al- freedom and equality is one of the most sig- Whereas historians Stephen E. Ambrose ways be the symbolic memorial where people nificant artifacts of the American civil and Gordon H. ‘‘Nick’’ Mueller, among oth- come to remember the sacrifices made dur- rights movement and is on permanent dis- ers, founded the National D-Day Museum on ing World War II; play in the Henry Ford Museum in Dearborn, June 6, 2000; Whereas the National World War II Mu- Michigan; Whereas section 8134(c) of the Department seum in New Orleans will always be the edu- Whereas, on February 4, 2013, the Henry of Defense Appropriations Act of 2004 (Public cational institution where people come to Ford Museum, will commemorate the 100th Law 108-87; 117 Stat. 1105) designated the Na- learn about the monumental struggle by the birthday of Rosa Parks by calling for a Na- tional D-Day Museum as ‘‘America’s Na- United States against would-be oppressors, tional Day of Courage and sponsoring a pro- tional World War II Museum’’; so that future generations can understand

VerDate Mar 15 2010 06:51 Dec 20, 2012 Jkt 029060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\A19DE6.056 S19DEPT1 jbell on DSK7SPTVN1PROD with S8234 CONGRESSIONAL RECORD — SENATE December 19, 2012 the role the United States played in the pres- Campaigns of Courage: European and Pacific Committee on Finance, appoints the ervation and advancement of freedom in the Theaters Pavilion, the Liberation Pavilion, following individual to the United middle of the 20th century; and a Union Station train experience in the States-China Economic Security Re- Whereas the State of Louisiana and thou- original Louisiana Memorial Pavilion: Now, view Commission: Katherine Tobin of sands of donors, including foundations, com- therefore, be it panies, and Museum members in every State, Resolved, That the Senate— Virginia for a term beginning January have contributed millions of dollars and (1) recognizes and applauds the planned 1, 2013 and expiring December 31, 2014. January 12, 2013, opening of the United other support to help build and advance the f National World War II Museum, and hun- States Freedom Pavilion: The Boeing Cen- dreds of volunteers, many from the World ter, an iconic pavilion funded in part by the ORDERS FOR THURSDAY, War II era, have provided invaluable assist- Federal Government and a major feature of DECEMBER 20, 2012 ance to the Museum; the institution designated by section 8134(c) Whereas the Board of Trustees of the Na- of the Department of Defense Appropriations Mr. MERKLEY. Mr. President, I ask tional World War II Museum, national in Act of 2004 (Public Law 108-87; 117 Stat. 1105) unanimous consent that when the Sen- scope, and the Presidential Counselors advi- as ‘‘America’s National World War II Mu- ate completes its business today, it ad- sory group, featuring leading historians and seum’’; journ until 11 a.m. on Thursday, De- museum professionals, provide effective (2) recognizes the generous assistance from cember 20, 2012; that following the private individuals, corporations, founda- guidance and oversight for the National prayer and the pledge, the Journal of World War II Museum; tions, the Federal Government, the State of Whereas the National World War II Mu- Louisiana, and other public entities com- proceedings be approved to date, the seum continues to add to and maintain 1 of mitted to offering a lasting tribute to the morning hour be deemed expired, and the largest personal history collections in achievements of the United States in World the time for the two leaders be re- the United States, representing the experi- War II; and served for their use later in the day; ences of the men and women who fought in (3) expresses support for the mission of the that following any leader remarks, the World War II and served on the home front, National World War II Museum as vital to Senate resume consideration of H.R. 1, with more than 7,000 videotaped, oral, and the preservation of democratic values, to the the legislative vehicle for the emer- understanding of United States history and written accounts in the collection, and plans gency supplemental appropriations to digitize the collection to vastly improve founding principles, and to the education of public access; future generations about the relevance of the bill. Whereas the National World War II Mu- War experience to the past and future great- The PRESIDING OFFICER. Without seum is an official affiliate of the Smithso- ness of the United States. objection, it is so ordered. nian Institution, with a formal agreement to f f borrow Smithsonian artifacts for exhibits; APPOINTMENTS Whereas the National World War II Mu- PROGRAM seum collaborates with other museums and The PRESIDING OFFICER. The Mr. MERKLEY. Tonight the major- memorials in the United States and around Chair, on behalf of the President pro ity leader filed cloture on the sub- the world; tempore, pursuant to Public Law 106– Whereas the National World War II Mu- stitute amendment and the emergency 398, as amended by Public Law 108–7, seum has added major facilities in recent supplemental bill. We will work on an and upon the recommendation of the years through donor support, including the agreement for amendments to the bill. Republican leader, in consultation with Solomon Victory Theater complex, which The filing deadline for all first-degree features a 4-D theater, the Stage Door Can- the Ranking Members of the Senate amendments is 1 p.m. tomorrow. teen, a United Service Organization-styled Committee on Armed Services and the Senator INOUYE will lie in state in entertainment venue, and the Kushner Res- Senate Committee on Finance, ap- the Capitol Rotunda tomorrow. Sen- toration Pavilion, home to a major patrol points the following individuals to the ators will gather in the Senate Cham- torpedo boat restoration project; United States-China Economic Secu- Whereas the National World War II Mu- ber at 9:35 a.m. tomorrow morning to rity Review Commission: Robin Cleve- seum will open the United States Freedom proceed to the viewing together. Pavilion: The Boeing Center in January 2013; land of Virginia for a term expiring De- Whereas the Pavilion will feature aircraft cember 31, 2014, Dennis C. Shea of Vir- f such as the B-17 bomber and the P-51 fighter, ginia for a term expiring December 31, the latter flown by the Tuskegee Airmen, 2014, and James M. Talent of Missouri, ADJOURNMENT UNTIL 11 A.M. and a submarine experience and exhibits for a term expiring December 31, 2013. TOMORROW honoring Medal of Honor recipients, govern- The Chair, on behalf of the President Mr. MERKLEY. If there is no further ment leaders who served in World War II, pro tempore, pursuant to Public Law business to come before the Senate, I and industries that became known as the 106–398, as amended by Public Law 108– ask unanimous consent that it adjourn ‘‘Arsenal of Democracy’’; and Whereas other major pavilions and inter- 7, and upon the recommendation of the under the previous order. active exhibits are planned or under develop- Majority Leader, in consultation with There being no objection, the Senate, ment as the Museum anticipates the comple- the Chairmen of the Senate Committee at 10:21 p.m., adjourned until Thursday, tion of the campus by 2016, including the on Armed Services and the Senate December 20, 2012, at 11 a.m.

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