November 28, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 11 15575 HOUSE OF REPRESENTATIVES—Wednesday, November 28, 2012

The House met at noon and was Mrs. SCHMIDT. I am honored today to 15 further requests for 1-minute called to order by the Speaker. to have Reverend Ken Johnson as our speeches on each side of the aisle. f guest chaplain. f Too often, we don’t recognize true PRAYER heroes among us. But I want to tell you REMEMBERING SERGEANT Reverend Kenneth Johnson, Seaman the story of Ken Johnson and Phil Ful- CHANNING ‘‘BO’’ HICKS United Methodist Church, Seaman, ton, two pastors in Adams County. You (Mr. GOWDY asked and was given Ohio, offered the following prayer: see, they believed that our students permission to address the House for 1 Most gracious Heavenly Father, we and our Nation need to understand the minute.) thank You for blessing the United morals of our country. And the best ex- Mr. GOWDY. Mr. Speaker, the politi- States, and we humbly ask You, Lord, ample of that is the Ten Command- cians set the policies, and others carry for your continued blessings. ments. those policies out. At least that’s the Thank You, Lord, for the honorable So they went out and they gathered way it happens in this country. It Members of the House of Representa- money together—not public money, hasn’t always been like that. Political tives. Help each Member and their fam- but donations—to put the Ten Com- leaders of yesterday also led the armies ilies with their daily struggles in life. mandments monuments on the steps of and navies. But in this country, for Provide each Member with daily each of the four high schools in Adams now, we work in this ornate building health, providential care, and pros- County, one of the poorest counties in and make policy while men like Chan- perity. Guide and direct the Represent- Ohio. ning ‘‘Bo’’ Hicks from South Carolina atives to make legislative decisions The courts didn’t like it. So they salute smartly and carry out the or- that will help our country to prosper gathered more money and put up four ders. economically and that the United more monuments. The Magna Carta, Mr. Speaker, Bo Hicks’ body was re- States will continue to be a guiding the Declaration of Independence, the turned to his beloved South Carolina light throughout the world. preamble to the Constitution, and the Monday, to his family and to his Lord, we ask You to protect our Na- Justinian Code. But again, the courts friends. He is in the presence of the tion and help us to remember, ‘‘With didn’t like it. And they lost the fight Lord. He died fighting for this country, God, all things are possible.’’ Help us nearly 10 years ago at the U.S. Su- doing what his country asked him to to be one Nation under God. Forgive us preme Court. do. And he fought, lived, and died with of our sins and for the times we have But the neighborhood rallied behind honor. He died, Mr. Speaker, before his not trusted in You. these two men and their efforts by tak- 25th birthday. As George Washington closed his ing those Ten Commandments when The decisions we make in this assem- prayer in April of 1789, ‘‘Grant our sup- they were removed from public prop- bly have real life eternal consequences. plication, we beseech thee, through erty and putting them directly across May we strive to make the service and Jesus Christ, our Lord, amen.’’ the street on private property. But the sacrifice of Bo Hicks meaningful. May f momentum swelled because throughout he look down and say, ‘‘It was worth THE JOURNAL the Nation, people understood the it.’’ courage of these two men. And so hun- Thank you, Bo Hicks. God bless you The SPEAKER. The Chair has exam- dreds of thousands of yard signs were and your family. ined the Journal of the last day’s pro- in each and every State in the Union, f ceedings and announces to the House proclaiming that we should acknowl- his approval thereof. edge the Ten Commandments and that CEOS INSTRUCT WASHINGTON Pursuant to clause 1, rule I, the Jour- they have a right to be placed on public HOW TO AVOID THE FISCAL CLIFF nal stands approved. property. (Mr. KUCINICH asked and was given f Phil Fulton and Reverend Ken John- permission to address the House for 1 PLEDGE OF ALLEGIANCE son didn’t realize where their journey minute.) The SPEAKER. Will the gentleman would lead. But I am proud to know Mr. KUCINICH. Highly paid CEOs are both gentlemen, and I am proud today in town to tell America how to avoid from New York (Mr. HIGGINS) come for- ward and lead the House in the Pledge to have Ken Johnson here with his the fiscal cliff. The top priority of the of Allegiance. wife, Doris, whom he met on a mission ‘‘fix the debt’’ CEOs is to cut the essen- Mr. HIGGINS led the Pledge of Alle- trip to the Philippines, and their son tial commitments of Medicare, Med- giance as follows: Joshua. They also have two other chil- icaid, and Social Security. No skin off dren, Matthew and Mary. their noses. I pledge allegiance to the Flag of the United States of America, and to the Repub- Ken Johnson was born in southern Sorry, you 50 million Americans who lic for which it stands, one nation under God, Ohio, right in Adams County, and he are in poverty. Too bad, you millions of indivisible, with liberty and justice for all. has lived there his entire life. He be- children, elderly, and poor who rely on f came a pastor in 1978, and he has been Social Security, Medicare, and Med- pastoring ever since. icaid. Unemployed? You’re out of luck WELCOMING REVEREND KENNETH Thank you for your courage, Rev- if you lose unemployment benefits. JOHNSON erend Johnson, and God bless you and These 71 CEOs who come to Wash- The SPEAKER. Without objection, the United States of America. ington to preach fiscal austerity have the gentlewoman from Ohio (Mrs. f average retirement assets of $9.1 mil- SCHMIDT) is recognized for 1 minute. lion. That’s about a $65,000 check each There was no objection. ANNOUNCEMENT BY THE SPEAKER month for the rest of their lives. Mean- (Mrs. SCHMIDT asked and was given PRO TEMPORE while, in contrast, the average Social permission to revise and extend her re- The SPEAKER pro tempore (Mr. POE Security check for retired workers is marks.) of Texas). The Chair will entertain up $1,237 a month.

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

VerDate Sep 11 2014 13:29 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\BR12\H28NO2.000 H28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15576 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 11 November 28, 2012 Of all these debt-cutting CEOs, only We often speak of children, but we the looming budget cuts are allowed to two have sufficient assets in their com- often as well fail to recognize children. occur, my home State of New York panies’ pension funds to meet their ob- Malala is a little girl in Pakistan who could lose more than $131 million in ligations to their own workers. The was willing to stand up to the Taliban funding from the National Institutes of rest who pay any pension at all have to say that we too deserve an edu- Health to conduct lifesaving research. underfunded their workers’ pension cation. She is being promoted as the Mr. Speaker, western New York is funds by $103 billion. Those who have person of the year. I hope Congress will the home to Roswell Park Cancer Insti- already shoved their own retiring celebrate her, as well. tute, the Nation’s first cancer center, workers off the fiscal cliff want to do it I mentioned Thanksgiving, and I be- home to promising advances in cancer to the rest of the middle class and the lieve it is important to focus on that research. It lies along the Buffalo-Ni- poor in America. No way. because I call upon my colleagues to agara Medical campus, an economic en- f gather their wits about them as we re- gine for our community. However, in flect on what will approach us in Janu- order to achieve medical or economic b 1210 ary of 2013. It will not be the decline success, funding must be sustained PRAIRIE STATE ENERGY CAMPUS that everyone is being frightened over the long term. about, because in essence they do not We should be increasing, not cutting, (Mr. SHIMKUS asked and was given start those cuts right at the beginning. funding for medical research. And I permission to address the House for 1 Why don’t we be deliberative? Why urge this House to reject sequestration minute.) don’t we lay down on the table that we for this critical investment. Mr. SHIMKUS. Mr. Speaker, I rise will protect Medicare, Social Security, f today to recognize the tremendous con- and Medicaid, what people have BALANCED SOLUTIONS tributions of the Prairie State Energy earned? Why don’t we explain to people Campus in Washington County, Illi- that everyone at $250,00 and below will (Mr. YODER asked and was given nois. This state-of-the-art coal-fired get a tax cut, everyone will, no matter permission to address the House for 1 electricity-generating facility is mak- what your wealth level? minute and to revise and extend his re- ing great advancements in environ- Why don’t we stop throwing at each marks.) mental stewardship while at the same other various stones and other things Mr. YODER. Mr. Speaker, our Nation time benefiting the community that and be deliberative on behalf of the is at a precipice. We find ourselves at serves in helping live longer and better American people. We should be thank- this point after years of government lives. ful to live in the great country that we neglect in addressing the fiscal chal- Some in Congress have questioned live in. lenges facing our Nation. With uncon- and even attacked advanced coal plants f trolled spending, explosive entitlement like Prairie State. I have no doubt obligations, and a cumbersome Tax Prairie State and projects like it are TAXING IS NOT THE SOLUTION Code, our Nation is drowning in red ink smart investments for our energy fu- (Mr. POE of Texas asked and was and red tape. ture. Here are just a few of the many given permission to address the House Our government is ripe for serious great benefits of Prairie State: Prairie for 1 minute.) and comprehensive reform. As the end State will serve more than 2.5 million Mr. POE of Texas. Mr. Speaker, Wil- of the year draws near, we have an op- families in nine States with affordable liam from Humble, Texas, wrote me portunity to come together as a Con- power for over 30 years. It has created this about tax increases and how they gress to create long-term solutions to 4,000 real jobs and will employ 500 full- will affect him and his family. He says: the challenges facing our country. time employees upon completion next It seems to me that too many of us are Band-Aid efforts will not work and will year. Prairie State has invested more going to be hit with a big tax increase next ultimately make our problems worse. than $1 billion in ultra-efficient envi- year. I can’t afford to pay any more taxes. We must reform our entitlement pro- ronmental controls that already meet My family lives paycheck to paycheck. We grams, we must simplify the Tax Code, or exceed Federal and State regula- stand to lose everything we’ve worked for. and we have to reduce spending and get tions. Even with these investments in Stop taxes from going up. our budget back in balance. efficiency, it is projected to offer con- With ObamaCare and tax increases, I feel We cannot tax, borrow, and spend our my family stands no chance to get ahead. sumer electricity at only 5.5 cents per way to prosperity as a Nation; but kilowatt hour. Tell me, is there any chance for my grand- children to have a good life? I don’t see it. I working together, I believe we can and Prairie State is the largest contrib- cannot sleep at nights worrying about the must arrive at balanced solutions that utor to the tax base in Washington condition of this country and what condition involve ideas from both parties. Our County, generating over $785 million in it is in, and there is no end in sight. Nation is better than the partisanship regional economic activity. Help hardworking people. that has blocked needed reform to fix I urge my colleagues to take the time Mr. Speaker, Washington has a tax- these problems. to learn the facts about Prairie State ing problem and not a spending prob- Mr. Speaker, now is our moment. To- and what additional great projects like lem, because the power to tax is the gether, let’s renew the spirit and prom- this could mean for our Nation. power to destroy. ise of our great Nation. f And that’s just the way it is. f GIVING THANKS f SOCIAL SECURITY IS AN EARNED (Ms. JACKSON LEE of Texas asked INCREASE FUNDING FOR MEDICAL BENEFIT and was given permission to address RESEARCH (Mr. DEFAZIO asked and was given the House for 1 minute.) (Mr. HIGGINS asked and was given permission to address the House for 1 Ms. JACKSON LEE of Texas. Let me permission to address the House for 1 minute.) say good morning and wish America a minute.) Mr. DEFAZIO. A group of millionaire wonderful season, but more impor- Mr. HIGGINS. Mr. Speaker, history and billionaire CEOs that call them- tantly I hope everyone had a blessed has shown that our Nation experiences selves the Campaign to Fix the Debt is Thanksgiving. That is what I’d like to robust economic growth when we in- visiting the White House today. Ac- speak about, this whole idea of giving vest in America and in Americans, in cording to Lloyd Blankfein, the CEO of thanks and recognizing where we are education, in scientific research, in Goldman Sachs, Social Security must today. Before I start that, very briefly roads and bridges. be reduced. let me encourage my colleagues to join In order to experience this growth, It didn’t contribute anything to the me in supporting the Congressional we cannot allow sequestration to make debt or deficit, but that’s his solution. Gold Medal for Malala. dramatic cuts to medical research. If What did he say? He said:

VerDate Sep 11 2014 13:29 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\BR12\H28NO2.000 H28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 11 15577 You’re going to have to do something un- Mr. COURTNEY. Mr. Speaker, every Mr. CICILLINE. Mr. Speaker, this doubtedly to lower people’s expectations of year the sixth grade class at the Avery Saturday is World AIDS Day, which is what they’re going to get. Middle School in Somers, Connecticut, an opportunity for us to recognize the He went on to say: participates in the Three Points on significant progress that we have made Social Security wasn’t devised to be a sys- Purpose program to emphasize the im- over the last three decades in the fight tem that supported you for a 30-year retire- portance of giving back to the commu- against HIV/AIDS. Yet, while we have ment after a 25-year career. nity. made significant strides during this Well, his arrogance is only exceeded This fall, the sixth grade class chose time, we also have to recognize that by his ignorance. That’s not the way to raise funds and awareness for Ser- substantial work remains to be done. Social Security works, Mr. Blankfein. geant Micah Welintukonis, an 18-year Although the number of new infections It’s an earned benefit. I know you Army veteran who was critically in- is steadily decreasing every year, 34 wouldn’t know about that because jured in Afghanistan on July 9 of this million people, including 1 million peo- you’ve got $11.9 million in your retire- year while trying to rescue fellow sol- ple in the United States and more than ment fund, and you’re not too worried diers. Micah is now back home. He’s 2,000 in my home State of Rhode Is- about the future of Social Security. had six separate surgeries. He’s making land, live with HIV or AIDS today. The average benefit is $14,000 a year, great strides; but he and his wife, In the weeks ahead, as we discuss and most people work 45 years to get Camilla, who is now pregnant with how we are going to reduce the size of that. And you say they need to lower their third child, have suffered some our Federal deficit, it is critical that their expectations? economic loss which these kids have we move forward in a way that allows Well, I’ve got a solution for you: pay stepped forward to help with. They’ve our country to continue to play a lead- Social Security tax on all your income, done a walkathon, they’ve done collec- ership role in the global fight against and you too will get a benefit. And you tion jars, and they’ve done bake sales. this disease. As a member of the Con- might need it because we’re not bailing Next week, they will present a check gressional HIV/AIDS Caucus, I applaud out Wall Street again. for over $4,000 to Sergeant the progress that we have made as a f Welintukonis and his family. Nation since the scientific community Again, Sergeant Welintukonis’ recov- first identified this disease, and I urge THE FISCAL CLIFF ery is continuing, and he’s making re- my colleagues to continue to support (Mr. YARMUTH asked and was given markable progress. He has put his life advances in its treatment and preven- permission to address the House for 1 on the line to save his fellow soldiers. tion until we can live in a world with- minute.) He’s a true hero. And I ask my col- out HIV and AIDS. Mr. YARMUTH. Mr. Speaker, my Re- leagues to join me in honoring Ser- f publican colleagues have talked a lot geant Micah Welintukonis’ service to about the importance of finding com- our Nation and to the Avery Middle 100TH ANNIVERSARY OF ALBANIAN mon ground in negotiations over tax School sixth grade class who chose to INDEPENDENCE rates and the fiscal cliff. dedicate their time and service to help- (Mr. ENGEL asked and was given The truth is we do have a lot of com- ing him and his family. permission to address the House for 1 mon ground. We all believe we should f minute and to revise and extend his re- extend the tax cuts for 98 percent of marks.) Americans and 97 percent of small busi- b 1220 Mr. ENGEL. Today is November 28, nesses. We should be building on that THE FISCAL CLIFF 2012, and it is exactly 100 years to the common ground, not arguing over se- (Ms. HANABUSA asked and was day of Albanian independence—when mantics. I’m confident there are more given permission to address the House the people of Albania threw off the Republicans like Congressman TOM for 1 minute.) shackles of the Ottoman Empire. Now COLE, who has come to the realization Ms. HANABUSA. Mr. Speaker, what let’s look at Albania today—it’s a that we can and we must provide eco- will it take to address the people’s con- thriving democracy and it’s a member nomic security for middle class fami- cerns? The people are concerned about of NATO. lies and financial certainty for small the fiscal cliff. We have to begin to put Let’s look at the fact that during the business owners immediately. the people first and set partisan poli- fifties and the sixties—for 50 years— As my Democratic colleagues and I tics aside. What does this mean? People and extending into the seventies, Alba- have been saying, that’s easy, we will pay. nia was the worst, brutal Communist should pass the Senate bill to extend The Tax Policy Center estimates dictatorship on the face of the Earth. current tax rates for middle class fami- that, if we do nothing, the average They broke with the Soviet Union be- lies and small businesses. We could do American will see his tax bill rise by cause it wasn’t doctrinaire enough, and it today. $3,446 in 2013. Unemployment will in- they broke with China because China Too often in Washington we confuse crease from 7.9 percent to 9.1 in 2013. wasn’t doctrinaire enough. As to the principles with policies. And certainly We will also begin to lose the 30 lies they told the Albanian people all the difference between asking the months of steady private sector job these years about Americans, do you wealthy to pay their fair share by rais- growth. Sequestration will mean know what? The Albanian people never ing their income tax rate and by elimi- FEMA will lose $878 million. Tell that bought it. nating their deductions can’t be a mat- to the people who are suffering from It has been my experience as the ter of principle. That’s policy. Hurricane Sandy. $23 billion will be founder and the chair of the Albanian Mr. Speaker, I urge my colleagues lost in rental assistance to the poor, Issues Caucus here in Congress for 24 and Republican leadership to build on and the nutritional programs will lose years that Albanians are the best our common ground and bring the Sen- $543 million. friends Americans have anywhere in ate bill to the floor for a vote. Mr. Speaker, is this our message to the world. They love Americans. I am f the people of this great Nation? I hope so happy that, today, they celebrate not. It shouldn’t be. Let’s begin to their 100th anniversary. HONORING SERGEANT FIRST work together. We have got to address Albania is a member of NATO, and CLASS MICAH WELINTUKONIS the people’s concerns. Kosova is a free and independent na- AND THE SIXTH GRADE CLASS f tion that we hope one day will be a OF MABELLE B. AVERY MIDDLE member of NATO and the European SCHOOL WORLD AIDS DAY Union for both Albania and Kosova. Al- (Mr. COURTNEY asked and was (Mr. CICILLINE asked and was given banians around the world, be they in given permission to address the House permission to address the House for 1 the Balkans, in Serbia, in Macedonia or for 1 minute.) minute.) Montenegro, are all sharing in this

VerDate Sep 11 2014 13:29 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\BR12\H28NO2.000 H28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15578 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 11 November 28, 2012 wonderful day. As to the great Alba- of coal into the stockings of Americans H.R. 6604 nian American community that we by not coming together and getting a Be it enacted by the Senate and House of Rep- have in the United States, particularly consensus plan. resentatives of the United States of America in Congress assembled, in New York, I am just so proud to f work with them. SECTION 1. DESIGNATION. So let’s hold up a glass and celebrate RESIGNATION AS MEMBER OF The federal building currently known as this wonderful 100th anniversary, and COMMITTEE ON NATURAL RE- Federal Office Building 8, located at 200 C SOURCES Street Southwest in the District of Colum- let’s use the Albanian phrase, bia, shall be known and designated as the ‘‘Gezuar’’—‘‘Cheers.’’ The SPEAKER pro tempore laid be- ‘‘Thomas P. O’Neill, Jr. Federal Building’’. f fore the House the following resigna- SEC. 2. REFERENCES. tion as a member of the Committee on AVOIDING THE FISCAL CLIFF Any reference in a law, map, regulation, Natural Resources: document, paper, or other record of the (Ms. HAHN asked and was given per- CONGRESS OF THE UNITED STATES, United States to the federal building re- mission to address the House for 1 HOUSE OF REPRESENTATIVES, ferred to in section 1 shall be deemed to be minute.) Washington, DC, November 28, 2012. a reference to the ‘‘Thomas P. O’Neill, Jr. Ms. HAHN. This morning, The New Hon. JOHN BOEHNER, Federal Building’’. York Times featured an article about Speaker, House of Representatives, The SPEAKER pro tempore. Pursu- California’s resurging economy, which Washington, DC. ant to the rule, the gentleman from was one of the States hit hardest by DEAR SPEAKER BOEHNER: The purpose of California (Mr. DENHAM) and the gen- this letter is to accept a position on the Ag- the recession. After years of struggle, tleman from Massachusetts (Mr. CAPU- riculture Committee and tender my resigna- our housing market is bouncing back, tion from the Natural Resources Committee, ANO) each will control 20 minutes. and our unemployment rate is the low- effective immediately. The Chair recognizes the gentleman est it has been since 2009. Yet this fis- Sincerely, from California. cal cliff threatens to drive my State JOHN GARAMENDI, GENERAL LEAVE and the rest of the Nation back into Member of Congress. Mr. DENHAM. Mr. Speaker, I ask the recession we have been climbing The SPEAKER pro tempore. Without unanimous consent that all Members out of. The inability for us to com- objection, the resignation is accepted. may have 5 legislative days in which to promise would mean that millions There was no objection. revise and extend their remarks and in- more would be unemployed, that there f clude extraneous material on H.R. 6604. would be higher taxes on the already The SPEAKER pro tempore. Is there struggling families, and that there RECESS objection to the request of the gen- would be cuts to the programs that so The SPEAKER pro tempore. Pursu- tleman from California? many livelihoods depend on. ant to clause 12(a) of rule I, the Chair There was no objection. We are putting the progress that our declares the House in recess subject to Mr. DENHAM. Mr. Speaker, I reserve economy has made at risk. Now is not the call of the Chair. the balance of my time. the time for politics as usual. This hol- Accordingly (at 12 o’clock and 29 Mr. CAPUANO. Mr. Speaker, I yield iday season, our constituents deserve minutes p.m.), the House stood in re- myself such time as I may consume. better, and I am calling on Democrats cess. I’d like to thank the majority for and on my friends across the aisle to bringing this bill up. This is a nice way f come together to do what needs to be to honor the longest-continuously- done to keep our country on track. b 1255 serving Speaker in the history of this country. Let’s put our politics aside. Let’s find AFTER RECESS a way to come together. We know we For those of you who didn’t have the have differences. Let’s work on our The recess having expired, the House pleasure of knowing Mr. O’Neill, I’d common ground so that we can move was called to order by the Speaker pro just like to remind everybody that I forward for the American people, whom tempore (Mr. MARCHANT) at 12 o’clock don’t look at him as the historic figure we love and serve. and 55 minutes p.m. up on the podium. I look at him as a f f man that I knew a fair amount of my adult life, anyway, and as a man who FAILURE TO YIELD ANNOUNCEMENT BY THE SPEAKER never forgot where he came from. And (Mrs. MALONEY asked and was given PRO TEMPORE I know that’s in a phrase that people permission to address the House for 1 The SPEAKER pro tempore. Pursu- hear all the time; but for me person- minute.) ant to clause 8 of rule XX, the Chair ally, when people say that of them, it’s Mrs. MALONEY. Mr. Speaker, ac- will postpone further proceedings probably the nicest thing they can say. cording to a report by the National today on motions to suspend the rules Everyone who serves in Congress Economic Council, if the economy goes on which a recorded vote or the yeas knows that many of us on a regular over the fiscal cliff, it could cut con- and nays are ordered, or on which the basis get treated like something spe- sumer spending by over $200 billion. In vote incurs objection under clause 6 of cial. Somebody opens the door for us, other words, if we come to a consensus rule XX. somebody calls us ‘‘Congressman,’’ peo- with a financial plan and agree, it Record votes on postponed questions ple we don’t know call us ‘‘sir.’’ And could be a $200 billion stimulus to our will be taken later. that’s all well and good, and it’s re- economy. Having a plan in place would f spectful for the office. also give certainty to businesses and But at the same time, we all came our markets, adding an additional THOMAS P. O’NEILL, JR. FEDERAL here for the very simple reason of try- stimulus. BUILDING ing to make the world a little better Failing to take action could slow the Mr. DENHAM. Mr. Speaker, I move place for the people that elected us. It’s growth of our real GDP by 1.4 percent- to suspend the rules and pass the bill a simple thing. And we all have dif- age points in 2013, and allowing the (H.R. 6604) to designate the federal ferent views on how that gets done. Mr. middle class tax cuts to expire would building currently known as Federal O’Neill never forgot how to do that, increase Federal taxes on a typical Office Building 8, located at 200 C even when he reached the pinnacle of middle class family of four by $2,200 in Street Southwest in the District of Co- power in this great body. And I will tell 1 year. Continued gridlock would throw lumbia, as the ‘‘Thomas P. O’Neill, Jr. you that for me that’s the most impor- the U.S. back into a recession and Federal Building’’. tant historic aspect he could ever leave would cause the jobless rate to go up. The Clerk read the title of the bill. for us. All the great accomplishments, Congress would be stuffing a big piece The text of the bill is as follows: all the meetings with Presidents and

VerDate Sep 11 2014 13:29 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00004 Fmt 0688 Sfmt 0634 E:\BR12\H28NO2.000 H28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 11 15579 Kings and Queens are very important. I of being flanked by buildings named on the floor of the House, where Tip don’t want to diminish them. But at after Hubert Humphrey and Jerry once wielded the Speaker’s gavel with the end of the day, if you’ve forgotten Ford—also leaders from opposite ends courage, dignity, and grace. And I who you represent, then I think you’ve of the political spectrum. Tip actually thank you, Mr. CAPUANO, for joining stayed here too long. Mr. O’Neill never considered Mr. Humphrey one of his he- the committee to bring this to the did. roes, and he had one of Humphrey’s floor of the House. You serve in the I knew him even after he retired; and quotes put up on the wall in his office. same district that Tip O’Neill did. even then he would talk to me about Now, as for Jerry Ford, well, they What an honor. I serve in the office regular, ordinary people—the barbers, didn’t, frankly, agree on much of any- that he had. What an honor. the bakers, the truck drivers that I thing, but Tip counted President Ford It is fitting that the Tip O’Neill, Jr. now have the privilege of representing as a true friend. And since friends are Federal Building will stand alongside in the district that he once rep- always honest with one another, when the office building named for Tip’s dear resented. To me, that’s the most im- the new President would explain what friend, colleague, and partner in public portant reason to recognize anyone— legislation he wanted to pass, Tip service, former President and House someone who gave of themselves to would say, well, Jerry, that’s not going Minority Leader, Gerald Ford. As the fight day in and day out. anywhere, but sure, send it over any- Speaker indicated, they will be neigh- Even then, with all the fighting that way if that’s what you want to do. bors. Indeed, reflecting on their long we do around here, it’s amazing to me That was Tip, who of course would also partnership, President Ford once said: that even at home today, with all the be pleased to see us down here telling Tip O’Neill is an outstanding political differences of opinion we have, I get an old story or two. Now he will stand leader and patriot who always carried the the same questions I’m sure we all get: in good company and, ever the rep- torch for the Congress and the American people. Well, gee, is it really as bad as all that, resentative, provide the folks back Carrying the torch. The statement and do you hate each other? And the home with yet another source of pride. captured the essence of Tip’s success: truth is, for me, no. I see the Speaker Having said all that, Tip might have his extraordinary leadership; his un- sitting over there. We disagree on prob- had one small complaint about today’s flinching patriotism; his belief in the ably most every major point. But I like occasion. A proud partisan, Tip rel- common good; his devotion to the him. I think he’s a good man. And I ished nothing more than a close vote, unending fight to ‘‘form a more perfect think he’s here for the exact same rea- one that would give him a chance to do union.’’ Yes, Mr. President Ford, Tip sons that I’m here: to make this coun- just a little more wrangling as he tried carried this torch for all who believed try a better place to live. And I think to secure the vote. Today, when the that the purpose of politics is to im- roll is called on this bill, however, the that way about virtually everyone in prove the lives of others. this body. outcome is likely to be unanimous, a Tip carried the torch for the under- And Speaker O’Neill not only rep- reflection of this body’s vast gratitude dog, for the person on the street, for resented that; he spoke it loudly all and appreciation for the gentleman the family struggling to pay the bills. the time. He loved this body not for all from Cambridge. He carried the torch of opportunity and the difficulties that it presents, not for So I would urge the whole House to equality into every budget negotiation, all the messes that we create and then join me in supporting this resolution. every legislative battle, every bipar- try to fix, but for the fact that we have Mr. CAPUANO. Mr. Speaker, I would tisan agreement. Tip was the personal a lot of people who come here trying to like to yield 1 minute to the once, and manifestation of the American Dream, work on the most difficult issues in the future, Speaker of this House, the cur- and he carried the torch for anyone world with passion and with commit- rent minority leader, Ms. PELOSI. else who strived to achieve it. ment and with respect for each other. Ms. PELOSI. I thank the gentleman For Tip, standing on principle was I reserve the balance of my time. for yielding, and I thank Speaker not about political gain; it was about BOEHNER for his leadership and co- b 1300 fighting for the voiceless and for the operation in bringing this legislation aspirations of the middle class. Mr. DENHAM. Mr. Speaker, I yield 1 to the floor. Thank you, Mr. Speaker. For Tip, the effort to reform and save minute to the Speaker of the House, Tip O’Neill said the Speaker of the Social Security was not about figures the Honorable JOHN BOEHNER. House was Millie, his wife. I had the on a page; it was about seniors fighting Mr. BOEHNER. Let me thank my privilege of serving in the office that to make ends meet. That’s why we colleague for yielding. Tip O’Neill had when he was Speaker of were so proud of what he did with I rise in strong support of H.R. 6604, the House and having in my possession President Reagan to prolong the life of and I commend my colleague, the gen- the gavel that was given to Speaker Social Security. tlelady from California (Ms. PELOSI), O’Neill when he became the leader—not For Tip, floor debates were not about for sponsoring this resolution. yet the Speaker. It’s Waterford, Mr. abstract numbers; they were about peo- Tip O’Neill needs no introduction to Speaker, so you could only use it one ple and the consequences of a policy to this body. Every Member knows, re- time, and perhaps he would use it their lives. spects, and admires Tip’s record and today. But you made this possible. All Those were the values that enabled the long shadow that he casts over the of us who admire and love Tip O’Neill Tip O’Neill to leave his giant footprint people’s House. are grateful to you for that. So I thank on the course of American history. We’ve all borrowed perhaps his best you, Mr. Speaker, and for your very This is the spirit that made him a leg- known saying, ‘‘All politics is local.’’ fine words. end, that allowed him to help the mid- That is certainly true today, as we pro- Two weeks ago, Members of Congress dle class thrive, that ensured his ac- pose to name a building right here at joined members of the O’Neill family tions would strengthen the character the foot of Capitol Hill, a stone’s throw and many others to plant a tree in of our country, in his time and for fu- from the great dome, in honor of our honor of the life of Speaker Tip ture generations. 55th Speaker. O’Neill. Today we honor Tip again by By his leadership and his patriotism, This is one of those moments, passing a resolution to inscribe his Tip O’Neill was a proud champion of though, when you wonder how the hon- name on a Federal building, a lasting his district, his State, and our Nation. oree would feel, especially when it’s tribute to his service and leadership to With his gavel in hand, he was a giant someone like Tip who never quite held the State of Massachusetts, to the of the Congress. With his record of back his opinions. Perhaps he would House of Representatives, and his lead- progress, he was a bona fide American have enjoyed seeing leaders from oppo- ership for all Americans. hero. By adding his name to a Federal site sides of the aisle come together to I thank again Speaker BOEHNER for building in sight of the Capitol he give him a well-deserved hurrah. Cer- leading this bipartisan effort to re- loved, we all carry the torch of the leg- tainly he would have gotten a kick out member the great Tip O’Neill together acy of Tip O’Neill.

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I reserve the balance of this and his dedicated service, I am And he was a great source of advice of my time. sure that my colleagues will join in a to me and so many others: when you’re Mr. CAPUANO. Mr. Speaker, I yield 2 bipartisan round of support for the running for office, always ask for some- minutes to the ranking member of the naming of this Federal building after one’s vote, and always say thank you. Transportation Committee, Mr. NICKY Thomas P. ‘‘Tip’’ O’Neill. Never judge a beauty pageant or pick a JOE RAHALL. Mr. DENHAM. I reserve the balance raffle number because you’ll make one Mr. RAHALL. I thank the distin- of my time. person happy and hundreds of people guished gentleman from Massachusetts Mr. CAPUANO. I yield 2 minutes to mad. for yielding me the time, and I join the gentlewoman from Massachusetts In his second term, Tip was ap- with our Democratic leader and with (Ms. TSONGAS). pointed to the House Rules Committee. the Speaker of the House in supporting Ms. TSONGAS. I thank my colleague, When he entered the Democratic lead- the pending measure. Mr. CAPUANO, for yielding to me. ership, my old boss and mentor Joe I rise today in strong support of H.R. Moakley took that seat. And when Joe b 1310 6604, which recognizes and honors the Moakley died, I was given the honor of Speaker Thomas P. O’Neill, other- legacy of former Speaker of the House taking his place on the Rules Com- wise known as Tip, was first elected to Tip O’Neill. Tip O’Neill had a long and mittee. So I feel a strong personal re- represent the 11th Congressional Dis- distinguished career in public service, sponsibility to maintain Tip O’Neill’s trict of Massachusetts in 1952, and he as we’ve heard. And this was clearly an legacy. continued to serve for 17 terms. During O’Neill family value, as so many have I want to thank the leadership for his 34 years in Congress, he served as a carried on with such distinction. bringing this bill to the floor and for chair of the Select Committee on Cam- Tip, a friend and a mentor to me and the effort to designate this Federal paign Expenditures, majority whip, my late husband, Paul, when Paul building in honor of Tip O’Neill. Finally, Mr. Speaker, I want to say majority leader and, finally, Speaker served with him in the House, is often this: Tip O’Neill believed that politics of the House. remembered for coining the phrase ‘‘all was an honorable profession. He be- Speaker O’Neill holds a special place politics is local,’’ as we in Massachu- lieved that government should be there in my own congressional career be- setts are so often reminded. His im- for the poor and the vulnerable and the cause when I was sworn in at the begin- print has shaped the thriving Boston of elderly, and he believed in extending ning of my first term in Congress in today and protected the glories of Cape ladders of opportunity so that every- 1977, it was also Tip’s first year as Cod for tomorrow. one—regardless of their background— Speaker of this body. He held that post And we treasure his innate ability to could succeed. And I hope that all of for a decade, making him the second- bring together, with good humor and us—the Congress and the White longest-tenured Speaker in the history unwavering purpose, people from both of the House of Representatives. House—as we enter these discussions sides of the aisle, a singular aspect to on our budget, I hope we will remember Now, there is a litany of legislative his legacy which is most embodied in accomplishments that could be de- Tip O’Neill’s example. Tip O’Neill was his work with President Reagan to a champion for all those who had no scribed as defining the career of Thom- strengthen Social Security, protecting voice. We should be too. as P. O’Neill. However, his most re- this critically important program for Mr. DENHAM. Mr. Speaker, I con- markable guidepost was his dedication decades. tinue to reserve the balance of my to Federal programs that addressed the I thank Speaker BOEHNER and Leader time. needs of the poor, the middle class, the PELOSI for introducing this legislation Mr. CAPUANO. Mr. Speaker, I would sick, the fallen, and our working men that will name a building in the shad- like to yield 2 minutes to the gen- and women across this great country. ow of this great Capitol after a great tleman from Massachusetts (Mr. MAR- Speaker O’Neill was an unabashed Speaker, Tip O’Neill. KEY), the dean of our delegation. supporter of the New Deal and believed Mr. DENHAM. Mr. Speaker, I reserve Mr. MARKEY. I thank the gentleman that the government had the ability the balance of my time. so much for holding this special ses- and the responsibility to provide for Mr. CAPUANO. Mr. Speaker, I would sion. those in need. And he championed pro- like to yield 2 minutes to the gen- Mr. Speaker, I was elected to Con- grams like public education, Social Se- tleman from Massachusetts (Mr. gress 36 years ago. And on my first day curity, unemployment insurance, MCGOVERN). in Congress, my first vote in Congress Medicare, Medicaid, and Supplemental Mr. MCGOVERN. I thank the gen- in January of 1977 was a vote for who Security Income for low-income people tleman for yielding and for his leader- would be the Speaker of the House. The with disabilities. And that is just the ship. Republicans were all going to vote for tip of the iceberg. I know those of us in the Massachu- John Rhodes, a very good man. The Part of his success in protecting and setts delegation always welcome the Democrats were going to vote for Tip growing these programs was Speaker opportunity to pay tribute to Tip O’Neill. O’Neill’s talent in forging political O’Neill, a giant of this House and a leg- The tradition is that on that first consensus—we’ve heard that described end in Massachusetts politics. For dec- vote, on that first day, the Member has already—his superb political instincts, ades, Tip O’Neill represented the peo- to stand to actually say the name of and being a pragmatic deal-maker ple of his district with distinction, the person for whom they are voting. which allowed him to take on the day- hard work, and wit. And for 10 years, So the first word I ever uttered on the to-day responsibilities of holding his he led this House as Speaker. floor of the House, standing at my caucus together while advancing his Tip got into politics for all the right chair at the top of my voice was just commitment to liberalism. reasons: to help people. As a New Deal saying one word, O’Neill. And with We’ve heard the Speaker reference Democrat, he believed that while gov- that, I had voted for Tip O’Neill to Speaker O’Neill and his popular saying ernment doesn’t have all the answers, begin his first term as Speaker of the that ‘‘all politics is local.’’ And believe it can and should be a force for good. House. you me, that was my first bit of advice And while he may be best remembered He was a wage-and-hour Democrat. in coming to this body; and it’s the ad- for his admonition that ‘‘all politics is He was a Social Security Democrat,

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Mr. Speaker, race, and he led that fight here on the body and what the people who come I move to suspend the rules and pass House floor; but he did so while ensur- after us will bring to this body: a com- the bill (H.R. 6374) to designate the fa- ing that there would be a complete mitment to this country, a commit- cility of the Department of Veterans preservation of the security of the ment to their State, a commitment to Affairs located at 180 Martin Drive in United States of America. their district and the people they rep- Carrollton, Georgia, as the ‘‘Trinka He always asked two questions on resent. Tip O’Neill epitomized it all, Davis Veterans Village.’’ every issue out here on the House floor: and that’s why we’re there today, to The Clerk read the title of the bill. Is it fair, and does it work? And he said say ‘‘thank you’’ to him, to recognize The text of the bill is as follows: that if it could not pass that two-part through him what this entire body H.R. 6374 test, then it should not become a law stands for. Be it enacted by the Senate and House of Rep- in the United States of America. With that, Mr. Speaker, I yield back resentatives of the United States of America in He passed a comprehensive energy the balance of my time. Congress assembled, plan off the floor of this House, pro- Mr. DENHAM. Mr. Speaker, I support SECTION 1. TRINKA DAVIS VETERANS VILLAGE. tected Social Security, and advanced passage of this legislation and urge all (a) DESIGNATION.—The facility of the De- partment of Veterans Affairs located at 180 so many other issues. In my opinion, of my colleagues to do the same. Tip O’Neill was the Albert Einstein of Martin Drive in Carrollton, Georgia, shall be politics. He knew what it took in order With that, I yield back the balance of known and designated as the ‘‘Trinka Davis to make this institution work. He my time. Veterans Village’’. (b) REFERENCES.—Any reference in a law, knew what it took to reach across the Mr. TIERNEY. Mr. Speaker, I rise today in map, regulation, document, paper, or other aisle to find people of goodwill, to support of the bill to name the federal building record of the United States to the facility re- make this Chamber work, and to ad- located at the foot of Capitol Hill in honor of ferred to in subsection (a) shall be deemed to vance the agenda for this country. former Speaker of the House Tip O’Neill. be a reference to the ‘‘Trinka Davis Veterans So for me, it’s a great honor to be I understand that above his desk Speaker Village’’. here because buildings, as we name O’Neill kept a framed copy of the famous Hu- The SPEAKER pro tempore. Pursu- them, also embody that person. And it bert Humphrey quotation—‘‘The moral test of ant to the rule, the gentleman from is my hope that as people walk in and government is how it treats those who are in Florida (Mr. MILLER) and the gentle- out of this building in the 21st century the dawn of life, the children; those who are woman from Florida (Ms. BROWN) each that they think about who Tip O’Neill in the twilight of life, the aged; and those who will control 20 minutes. was, they think about—yes, how much are in the shadows of life, the sick, the needy The Chair recognizes the gentleman he loved political war; but at the same and the handicapped.’’ So it seems particularly from Florida. time, he brought his own personal fitting that this building being named after Mr. MILLER of Florida. Mr. Speaker, warmth to that so that it was not sepa- Speaker O’Neill is adjacent to the Department I yield myself such time as I may con- rated here on the House floor. And it’s of Health and Human Services headquarters sume. my hope that in naming this building, which bears Senator Humphrey’s name. The legislation before us today does, perhaps this process, this great institu- Speaker O’Neill fought to expand opportuni- in fact, name the VA community-based tion can be animated by his great leg- ties for the poor, the disadvantaged and those outpatient clinic in Carrollton, Geor- acy. working people who get up every day and do gia, as the Trinka Davis Veterans Vil- their best to provide a better life for their chil- lage. b 1320 Trinka Davis was a Carroll County dren and grandchildren. Mr. DENHAM. Mr. Speaker, I reserve business leader who desired that her es- the balance of my time. Among Speaker O’Neill’s many legacies is tate be used to provide support and as- Mr. CAPUANO. Mr. Speaker, I appar- his commitment to public service—and I think sistance to veterans and their families. ently have no more speakers, but I’d public service has become his family’s busi- Following her death in 2008, the Trinka just like to close out by thanking those ness. Davis Foundation contacted the At- Members who spoke on behalf of Mr. Speaker O’Neill’s children and grandchildren lanta VA Medical Center and deter- O’Neill. Thank you very much to the have continued his legacy of helping others mined that there was a need for an out- Speaker and the minority leader for and making the world a better place. Here in patient clinic in Carrollton, Georgia, to bringing this bill to the floor and con- the House we have the pleasure of working better serve the 3,500 veterans in north- gratulating the O’Neill family. with Speaker O’Neill’s granddaughter, Catlin, west Georgia. As such, the foundation I will tell you that I know most of who serves as Leader PELOSI’s Chief of Staff. worked with local VA leaders to plan, the O’Neill family, and I will tell you I congratulate Speaker O’Neill’s children— design, and construct the clinic, and in that Tip would be proud of them. He Tom, Kip, Susan, and Rosemary—and their September presented the $17 million was proud of the ones that he knew. entire extended family on this great honor, gift in kind to the VA. The 73,883 But of the ones he didn’t know as well, which comes just days before what would be square foot clinic, which opened to vet- I will tell you he would be proud of Tip’s 100th birthday. erans in September, provides primary, them. Every one of them that I know is And I hope this kind of bipartisan effort is home-based, and mental health care good, solid stock people who know not a one-time thing but a sign of how the ma- and a number of specialty services, in- what they’re doing and know who they jority will conduct legislative business in the cluding physical and occupational represent in their lives because they 113th Congress. therapy. It encompasses a 42-bed com- see me on a regular basis. And I want I urge support of this bill. munity living center that provides re- to thank them for being so tenacious in habilitation services and long-term The SPEAKER pro tempore. The trying to remind us of Tip O’Neill, who care. he was and what he was, and for living question is on the motion offered by She was not a veteran herself, but in his shadow and living the type of life the gentleman from California (Mr. Ms. Davis’ generous gift was already that he would have been proud of. DENHAM) that the House suspend the improving the health and daily lives of I would also like to just close out by rules and pass the bill, H.R. 6604. Georgia’s veterans and their families, simply saying ‘‘thank you’’ to this The question was taken; and (two- and will no doubt continue to do so for Congress for providing, not just me, thirds being in the affirmative) the generations to come. but for all of us, the opportunity to rules were suspended and the bill was It is only proper that the facility come have these debates, have these passed. that she provided the funding for bear discussions, have these fights. There’s A motion to reconsider was laid on her name as recognition of her out- nothing wrong with a good fight over the table. standing service to the veterans of the

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Also, I would like to note them for giving me the opportunity to Trinka Davis Foundation ensured that that, according to a preliminary cost repeat and maybe elaborate a bit be- Ms. Davis’ commitment to the veterans estimate provided by CBO, it rep- cause it deserves to be said. and to their families in the Carrollton resents a minimal cost of less than Katherine—better then known as community and beyond would be pre- $500,000 to the Federal Government. Trinka—Davis, was a businesswoman served through the construction of this This legislation is sponsored by my from Carroll County who founded the health facility. good friend and colleague, Dr. PHIL Trinka Davis Foundation back in 2004 I ask my colleagues to join me in rec- GINGREY, and I want to thank Dr. after realizing the struggles many serv- ognizing Trinka Davis’ selfless actions GINGREY for his leadership in spear- icemen and -women faced upon return- by supporting H.R. 6374. heading this provision and for his ing from both Iraq and Afghanistan. As Ms. BROWN of Florida. Mr. Speaker, steadfast support of veterans, not only has been stated, though not a veteran I have no further requests for time. I in the State of Georgia, but across this herself, through her generosity, Ms. urge support for H.R. 6374, and I yield Nation. Davis performed an outstanding service back the balance of my time. I urge all of my colleagues to join me for the veterans of northwest Georgia. GENERAL LEAVE in supporting H.R. 6374, and I reserve Mr. Speaker, Trinka made note of Mr. MILLER of Florida. Mr. Speaker, the balance of my time. the reports of difficulties that many re- I ask unanimous consent that all Mem- Ms. BROWN of Florida. Mr. Speaker, turning veterans and their respective bers may have 5 legislative days within I yield myself such time as I may con- families were facing: loss of limbs, which to revise and extend their re- sume. traumatic brain injuries, post trau- marks on H.R. 6374. I rise today to offer my support of matic stress syndrome, unemployment, The SPEAKER pro tempore. Is there H.R. 6374, a bill to name a facility of and loss of their homes. objection to the request of the gen- the Department of Veterans Affairs in Although she is no longer with us, tleman from Florida? Carrollton, Georgia, as the Trinka her memory lives on. Trinka Davis left There was no objection. Davis Veterans Village. almost her entire estate, over $18 mil- Mr. MILLER of Florida. I encourage Ms. Davis served with great distinc- lion, to this foundation, which has used all Members to support this legislation, tion as a businesswoman, but one of it to construct a first-class health fa- and I yield back the balance of my her greatest contributions to our Na- cility to aid our wounded warriors in time. tion can be seen in her commitment to their recovery and treatment. I’ve been The SPEAKER pro tempore. The the care and well-being of the service- there. I’ve seen it. I was there at the question is on the motion offered by men and -women of our country. ribbon cutting ceremony just this past the gentleman from Florida (Mr. MIL- As a teenager, Ms. Davis paid a visit year. It’s a beautiful facility in my dis- LER) that the House suspend the rules to Pearl Harbor in Hawaii and was trict in Carrollton. and pass the bill, H.R. 6374. Mr. Speaker, with the war in Afghan- touched by the sacrifice of American The question was taken; and (two- istan, a recent one in Iraq, and unrest servicemembers. Her brother, Poncet thirds being in the affirmative) the around the globe, the United States Davis, Jr., then went on to serve in the rules were suspended and the bill was has more than 196,000 active duty serv- passed. United States Army. Later, after her icemen and -women that put their lives successful career in the textile and rub- A motion to reconsider was laid on on the line night and day to protect the table. ber industry, Ms. Davis continued her our families and our freedoms. These f work helping wounded veterans and men and women accepted the call of their families. In 2004, she founded the duty, leaving behind their loved ones NATIONAL PARK RANGER MAR- Trinka Davis Foundation to honor and life as they know it, to protect the GARET ANDERSON POST OFFICE service veterans, particularly in the lives of us and so many others. Mr. GOSAR. Mr. Speaker, I move to State of Georgia. When our soldiers return from battle, I commend the foundation and the suspend the rules and pass the bill sometimes they don’t get the support (H.R. 5788) to designate the facility of Atlanta VA for working closely to- and the assistance that they deserve. gether to build this facility, which will the United States Postal Service lo- Simply put, we owe them more. Just as cated at 103 Center Street West in serve as a community living center and they have answered the call to serve a medical office to provide primary Eatonville, Washington, as the ‘‘Na- our country, we must answer the call tional Park Ranger Margaret Anderson health care and other important serv- to serve them. ices to over 3,000 veterans. Post Office.’’ The Clerk read the title of the bill. While Ms. Davis is no longer with us, b 1330 The text of the bill is as follows: her longstanding commitments to our This is what Trinka Davis did and Nation’s heroes live on and make her a why I rise today, and I am so honored H.R. 5788 perfect candidate for the naming of the to be a part of the naming of this Be it enacted by the Senate and House of Rep- resentatives of the United States of America in Veterans Village in Carrollton. Carrollton VA facility in her honor. Congress assembled, Thanks to Trinka’s generosity and Mr. Speaker, I reserve the balance of SECTION 1. NATIONAL PARK RANGER MARGARET my time. the tireless dedication of her founda- ANDERSON POST OFFICE. Mr. MILLER of Florida. Mr. Speaker, tion, the new clinic was donated to the (a) DESIGNATION.—The facility of the I want to now yield as much time as he Department of Veterans Affairs just United States Postal Service located at 103 may consume to the sponsor of this this past August. The doors were Center Street West in Eatonville, Wash- piece of legislation, the gentleman opened for veterans to receive out- ington, shall be known and designated as the ‘‘National Park Ranger Margaret Anderson from Georgia, Dr. GINGREY. patient treatment on September 24, Mr. GINGREY of Georgia. Mr. Speak- 2012, and in the coming months the Post Office’’. (b) REFERENCES.—Any reference in a law, er, I rise today in support of H.R. 6374, clinic will also include a 42-bed com- map, regulation, document, paper, or other a bill to designate the Department of munity living center. While providing record of the United States to the facility re- Veterans Affairs facility in Carrollton, a variety of services, including primary ferred to in subsection (a) shall be deemed to Georgia, as the Trinka Davis Veterans care, physical therapy, and outpatient be a reference to the ‘‘National Park Ranger Village. mental health services, the facility Margaret Anderson Post Office’’. Mr. Speaker, much of what I’m going will serve 3,000 veterans and will allow The SPEAKER pro tempore. Pursu- to say has already been said by the dis- them to receive treatment closer to ant to the rule, the gentleman from Ar- tinguished chairman of the Veterans their homes. izona (Mr. GOSAR) and the gentleman

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from Pennsylvania (Mr. ALTMIRE) each derson was living her dream in working ferent meaning. She was now the pro- will control 20 minutes. with her husband, Eric, at Mount tector of those people who came to re- The Chair recognizes the gentleman Rainier National Park as a United flect and dream. Their lives were in from Arizona. States park ranger. Her duties were danger, and she stepped in front. She GENERAL LEAVE not confined to patrolling but ranged parked her car, blocked this crazed Mr. GOSAR. Mr. Speaker, I ask unan- from the supervision of snow plow man with a firearm. Many say that her imous consent that all Members may areas to medical coordination and in- actions saved many lives that day. But have 5 legislative days within which to struction for her fellow staff members. it didn’t save hers. She died. She died revise and extend their remarks and to Anderson was described by her col- protecting those she served. And I include extraneous material on the bill leagues as ‘‘a candid and honest co- think it’s only fitting because of that under consideration. worker who could always bring a smile sacrifice and the service to that com- The SPEAKER pro tempore. Is there to your face.’’ munity and the love that that commu- objection to the request of the gen- On New Year’s Day, Anderson nity has had for Margaret and her hus- tleman from Arizona? blocked the road with her patrol car to band Eric, who also served as a ranger There was no objection. hinder the escape of a man who crashed but has now moved on because memo- Mr. GOSAR. Mr. Speaker, I yield my- through a checkpoint. Little did she ries there are too hard for him to bear, self such time as I may consume. know at that time that the man was a it is only fitting that this small little H.R. 5788, introduced by the gen- suspect in an earlier shooting that had town with this small little post office tleman from Washington (Mr. wounded four people. The suspect shot have the name of Margaret Anderson REICHERT), would designate the facility at her while she was still blocking the attached to that building in honor of of the United States Postal Service lo- road with her patrol car, and she was her service and her sacrifice to that cated at 103 Center Street West in fatally wounded. community. Eatonville, Washington, as the Na- Mr. Speaker, National Park Ranger I urge my colleagues to support the tional Park Ranger Margaret Anderson Margaret Anderson made the ultimate passage of this bill. Post Office. The bill is cosponsored by sacrifice in the line of duty. I urge the Mr. ALTMIRE. Mr. Speaker, we have the entire Washington State delega- passage of this bill to honor her, which no further speakers on our side. tion, and it was favorably reported by is on behalf of all of our colleagues in I yield back the balance of my time. the Committee on Oversight and Gov- the House, especially the Washington Mr. GOSAR. Mr. Speaker, I urge all ernment Reform on June 27. delegation. The passage of this bill will Members to support the passage of H.R. Mr. Speaker, while we will consider be dedicated to her family and to the 5788. multiple bills this afternoon to des- United States Park Service. I yield back the balance of my time. ignate postal facilities after fallen I urge the passage of H.R. 5788, and I The SPEAKER pro tempore. The military heroes, H.R. 5788 gives us the reserve the balance of my time. question is on the motion offered by opportunity to honor those who wear a Mr. GOSAR. I now yield such time as the gentleman from Arizona (Mr. different kind of uniform—our coun- he may consume to my distinguished GOSAR) that the House suspend the try’s national park rangers. Specifi- colleague from the State of Wash- rules and pass the bill, H.R. 5788. cally, this legislation would name the ington, the sponsor of this legislation, The question was taken; and (two- post office in Eatonville, Washington, Mr. REICHERT. thirds being in the affirmative) the Mr. REICHERT. I thank the gen- for Margaret Anderson, who was a na- rules were suspended and the bill was tleman for yielding. passed. tional park ranger who was shot and Mr. Speaker, I rise today in support killed in the line of duty on New Year’s A motion to reconsider was laid on of H.R. 5788, legislation to designate the table. Day in 2012. the post office located at 103 Center Ranger Anderson worked to keep the f Street West in Eatonville, Washington, visitors of Mount Rainier safe, and on as the National Park Ranger Margaret LANCE CPL. ANTHONY A. DILISIO New Year’s Day, she gave the ultimate Anderson Post Office. CLINTON-MACOMB CARRIER sacrifice for the safety of others. For You’ve heard a little bit about some ANNEX going above and beyond a park ranger’s of her history, educational past and duty to protect and serve, I thank Mr. GOSAR. Mr. Speaker, I move to some of her family history, but let me suspend the rules and pass the bill Ranger Anderson and all those who tell you that this really hits close to serve in our national parks for their (H.R. 5738) to designate the facility of home for me as a law enforcement offi- the United States Postal Service lo- service and dedication to our country. cer in my previous life. I spent 33 years cated at 15285 Samohin Drive in Mr. Speaker, I urge my colleagues to in the law enforcement profession. join me in strong support of this bill, Macomb, Michigan, as the ‘‘Lance Cpl. Margaret Anderson was a park rang- Anthony A. DiLisio Clinton-Macomb and I reserve the balance of my time. er for 4 years at Mount Rainier Na- Mr. ALTMIRE. Mr. Speaker, I yield Carrier Annex’’. tional Park. The little town of The Clerk read the title of the bill. myself such time as I may consume. Eatonville is nestled in a little valley, I am pleased to join my colleagues in The text of the bill is as follows: right at the bottom of beautiful Mount H.R. 5738 support of H.R. 5788, a bill to designate Rainier, which was where Margaret An- the facility of the United States Postal Be it enacted by the Senate and House of Rep- derson lived. It’s called the gateway to resentatives of the United States of America in Service in Eatonville, Washington, as the national park, the gateway to Congress assembled, the National Park Ranger Margaret Mount Rainier, the gateway where SECTION 1. LANCE CPL. ANTHONY A. DILISIO Anderson Post Office. In accordance folks come to visit in order to reflect CLINTON-MACOMB CARRIER ANNEX. with committee requirements, the bill on their lives and to dream. It’s usu- (a) DESIGNATION.—The facility of the is cosponsored by all members of the ally a peaceful, serene, and beautiful United States Postal Service located at 15285 Samohin Drive in Macomb, Michigan, shall Washington delegation. place to visit. Margaret’s job usually Margaret Anderson was born near be known and designated as the ‘‘Lance Cpl. was to guide folks, give direction, pa- Anthony A. DiLisio Clinton-Macomb Carrier Toronto, and she grew up in Con- trol the area, offer first aid, and just in necticut and Westfield, New Jersey. Annex’’. general be the loving and kind person (b) REFERENCES.—Any reference in a law, She received her bachelor’s degree in as she has been described here today map, regulation, document, paper, or other fisheries and wildlife sciences from and after her death and throughout the record of the United States to the facility re- Kansas State University in 1999, and past year by friends and family who ferred to in subsection (a) shall be deemed to she received her master’s degree in bi- dearly miss her. be a reference to the ‘‘Lance Cpl. Anthony A. ology from Fort Hays State University DiLisio Clinton-Macomb Carrier Annex’’. in Kansas. b 1340 The SPEAKER pro tempore. Pursu- She loved the outdoors and was said But on New Year’s Day, things ant to the rule, the gentleman from Ar- to be at peace in nature. Margaret An- changed. Her job took on a totally dif- izona (Mr. GOSAR) and the gentleman

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from Pennsylvania (Mr. ALTMIRE) each fatally wounded in the ensuing gun the postal facility in Macomb Town- will control 20 minutes. battle, leaving behind his parents, a ship, Michigan, as the Lance Cpl. An- The Chair recognizes the gentleman fiancee, and a host of siblings and thony A. DiLisio Clinton-Macomb Car- from Arizona. friends who all remember Anthony as a rier Annex. GENERAL LEAVE personable guy who always wanted to Anthony, Mr. Speaker, was loved by Mr. GOSAR. I ask unanimous consent serve the people. his family: his father, Lorenzo; his that all Members may have 5 legisla- When we rename this postal facility stepmother, Tina; his mother, Tamra, tive days within which to revise and in his honor, generations to come will who sadly just recently passed away; extend their remarks and include ex- know of his heroism and sacrifice. his brothers, Dino, Angelo, and Joe; his traneous material on the bill under Mr. Speaker, I urge passage of H.R. sisters, Lisa and Marie. We also honor consideration. 5738, and I reserve the balance of my them for sharing this person whom The SPEAKER pro tempore. Is there time. they loved so much with all of us. We objection to the request of the gen- Mr. GOSAR. Mr. Speaker, I yield cannot remove their sorrow for the loss tleman from Arizona? such time as she may consume to the of Anthony, but we can show them that There was no objection. distinguished gentlewoman from the entire Nation honors his service Mr. GOSAR. Mr. Speaker, I yield my- Michigan (Mrs. MILLER). and his sacrifice. self such time as I may consume. Mrs. MILLER of Michigan. Mr. And of course the motto of the Mr. Speaker, H.R. 5738, introduced by Speaker, I thank the gentleman for United States Marine Corps is Semper the gentlelady from Michigan (Mrs. yielding. Fidelis—always faithful. Faithful to MILLER), would designate the facility Mr. Speaker, throughout the history their duty, faithful to the cause of free- of the United States Postal Service lo- of our great Nation, American patriots dom and liberty, and faithful to this cated at 15285 Samohin Drive in have answered their Nation’s call to great Nation. Macomb, Michigan, as the Lance Cpl. defend the freedom that we all hold Anthony was a true marine, and he Anthony A. DiLisio Clinton-Macomb dear. Lance Corporal Anthony DiLisio was always faithful. Again, I would ask Carrier Annex. The bill is cosponsored was one such hero. every Member of the body to join me in by the entire Michigan State delega- Anthony DiLisio grew up in Macomb honoring this great American hero and tion and was favorably reported by the Township, Michigan, which I am very patriot, Lance Corporal Anthony Committee on Oversight and Govern- proud to represent. He was an all- DiLisio. ment Reform on September 20. American kid. He was a member of the Mr. ALTMIRE. Mr. Speaker, we have Mr. Speaker, it is altogether fitting swim team and the baseball team at no additional speakers, and I yield and proper that we name this post of- Dakota High School. And after grad- back the balance of my time. fice in Macomb, Michigan, for Marine uating from high school in 2008, An- Mr. GOSAR. Mr. Speaker, I urge all Corps Lance Corporal DiLisio, a self- thony could have gone on to college or Members to support the passage of H.R. less patriot who made the ultimate he could have gone to work in his fam- 5738. sacrifice in Afghanistan at just 20 ily’s small business, but he was deter- I yield back the balance of my time. years of age. Lance Corporal DiLisio mined—determined—to serve the cause The SPEAKER pro tempore. The was shot and killed by enemy fighters of freedom. Against the wishes of his question is on the motion offered by during a patrol he had volunteered for. family, he enlisted in the United States the gentleman from Arizona (Mr. Mr. Speaker, Lance Corporal DiLisio Marine Corps in August of that year. GOSAR) that the House suspend the and all of our brave and courageous Lance Corporal DiLisio was assigned rules and pass the bill, H.R. 5738. fighting men and women are true he- to the 1st Battalion, 6th Marine Regi- The question was taken; and (two- roes. And I’m thankful to have this op- ment, 2nd Marine Division, 2nd Marine thirds being in the affirmative) the portunity to stand before this Chamber Expeditionary Force based at Camp rules were suspended and the bill was and express my sincere gratitude for Lejeune, North Carolina. And he passed. all that our servicemembers do and all shipped out with his brother marines A motion to reconsider was laid on that they sacrifice each and every day. to Afghanistan for combat operations the table. Mr. Speaker, I urge my colleagues to in the Helmand province in support of f join me in strong support of this bill, Operation Enduring Freedom. And on b 1350 and I reserve the balance of my time. May 30, 2010, Lance Corporal DiLisio Mr. ALTMIRE. Mr. Speaker, I yield was told by his superiors that he could PRIVATE FIRST CLASS VICTOR A. myself such time as I may consume. take the day off. That wasn’t Anthony. DEW POST OFFICE Mr. Speaker, I’m pleased to join my That night Lance Corporal DiLisio Mr. GOSAR. Mr. Speaker, I move to colleagues in consideration of H.R. went on patrol with his marine broth- suspend the rules and pass the bill 5738, a bill to designate the facility of ers when they were ambushed just out- (H.R. 3892) to designate the facility of the United States Postal Service in side the camp and a battle ensued. In the United States Postal Service lo- Macomb, Michigan, as the Lance Cpl. that battle, Lance Corporal DiLisio cated at 8771 Auburn Folsom Road in Anthony A. DiLisio Clinton-Macomb and two of his marine brothers were Roseville, California, as the ‘‘Private Carrier Annex. In accordance with killed in action in defense of our free- First Class Victor A. Dew Post Office,’’ committee requirements, the bill is co- dom, just 1 month shy of their sched- as amended. sponsored by all members of the Michi- uled return from Afghanistan. The Clerk read the title of the bill. gan delegation. Lance Corporal Anthony DiLisio The text of the bill is as follows: After graduating Dakota High School loved his country. He loved the Marine H.R. 3892 in Macomb Township, Anthony DiLisio Corps, and he fought with courage and Be it enacted by the Senate and House of Rep- enlisted in the United States Marine honor and distinction to preserve our resentatives of the United States of America in Corps. After recruit training, he was liberty. In this great Nation, we honor Congress assembled, assigned to the 1st Battalion, 6th Ma- heroes like Lance Corporal DiLisio. SECTION 1. LANCE CORPORAL VICTOR A. DEW rine Regiment, 2nd Marine Division, II And while nothing we can do will POST OFFICE. Marine Expeditionary Force out of ever fully honor his incredibly brave (a) DESIGNATION.—The facility of the Camp Lejeune, North Carolina. He was service and his ultimate sacrifice in de- United States Postal Service located at 8771 deployed to Afghanistan in December fense of freedom, we have a responsi- Auburn Folsom Road in Roseville, Cali- 2009. bility to do what we can. So I ask fornia, shall be known and designated as the ‘‘Lance Corporal Victor A. Dew Post Office’’. While on patrol in the Helmand prov- every Member of this House to join me (b) REFERENCES.—Any reference in a law, ince, Lance Corporal DiLisio and two in honoring this American hero, this map, regulation, document, paper, or other other marines were attacked by enemy great American patriot, by supporting record of the United States to the facility re- insurgents. Lance Corporal DiLisio was this legislation which will designate ferred to in subsection (a) shall be deemed to

VerDate Sep 11 2014 13:29 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00010 Fmt 0688 Sfmt 0634 E:\BR12\H28NO2.000 H28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 11 15585 be a reference to the ‘‘Lance Corporal Victor ducting combat operations in the Time does not heal all wounds. For A. Dew Post Office’’. Helmand province on October 13, 2010, these Gold Star families, every day is The SPEAKER pro tempore. Pursu- Lance Corporal Dew and three other Memorial Day; and every day their ant to the rule, the gentleman from Ar- marines from his battalion were killed grief is just as real as when the cas- izona (Mr. GOSAR) and the gentleman in action by an improvised explosive ualty officer appeared at their thresh- from Pennsylvania (Mr. ALTMIRE) each device. old. will control 20 minutes. Lance Corporal Dew’s loyal devotion At a Gold Star dinner several years The Chair recognizes the gentleman to duty reflects great credit upon him- ago, I confided to our hosts that I still from Arizona. self and was in keeping with the high- didn’t know what to say to these fami- Mr. GOSAR. Mr. Speaker, I yield my- est traditions of the United States Ma- lies. She smiled and said, Just ask self as much time as I may consume. rine Corps. He leaves behind his par- them about their sons. GENERAL LEAVE ents, his brother Kyle, his fiancee, and So let me tell you a little bit about Mr. GOSAR. I ask unanimous consent a whole host of family and friends who what I know of Victor Dew. Everybody that all Members may have 5 legisla- continue to miss him dearly. who knew him always began with the tive days within which to revise and Mr. Speaker, I urge passage of H.R. same thing: Vic was one of those sunny personalities who always lifted the extend their remarks and include ex- 3892 in honor of the service and sac- spirits of everyone around them. traneous material on the bill under rifice of Lance Corporal Victor A. Dew, They’d be feeling down, and Victor consideration. and I reserve the balance of my time. would lift them up. I have no doubt The SPEAKER pro tempore. Is there Mr. GOSAR. Mr. Speaker, I would Kyle got that quality from his older objection to the request of the gen- now like to yield as much time as he may consume to my distinguished col- brother. tleman from Arizona? Victor attended Granite Bay High There was no objection. league from the State of California, the sponsor of this legislation, Mr. MCCLIN- School where he played on the high Mr. GOSAR. Mr. Speaker, H.R. 3892, school football team. His real passion, introduced by the gentleman from TOCK. Mr. MCCLINTOCK. I thank my friend though, was martial arts, in which he California (Mr. MCCLINTOCK), would for yielding. ultimately achieved a double black designate the facility of the United Mr. Speaker, I never met Victor Dew, belt in jujitsu. His jujitsu teacher, States Postal Service located at 8771 but I feel that I’ve gotten to know him Clint LeMay, told the Los Angeles Auburn Folsom Road in Roseville, Cali- since the day that he came home to Times: fornia, as the Lance Corporal Victor A. Granite Bay to be laid to rest in a When I met him, he was like a 30-year-old Dew Post Office. The bill is cospon- hero’s grave in the midst of his family, man walking around in a 13-year-old’s body. sored by the entire California State his friends and neighbors, his commu- He was wise beyond his years and knew how delegation and was favorably reported nity, and his comrades in arms. to deal with all kinds of people. by the Committee on Oversight and That day, I discovered that his next- In high school, he met a remarkable Government Reform on February 7. door neighbor is a longtime acquaint- young lady by the name of Courtney Mr. Speaker, it is altogether fitting ance of mine. He had watched this Gold. They both went on to attend Si- and proper that we name this post of- young man grow up, and he was abso- erra College, and that’s when they fice in Roseville, California, for Marine lutely devastated. In his bitter sorrow, began dating. Corps Lance Corporal Dew, a true he represented the anguish of an entire Victor had great plans. He had grown American hero who gave his life coura- community that had watched Victor up dreaming of becoming a marine. geously defending our freedom. Dew grow up to be an always good-na- When he was 12 years old, he had hung Mr. Speaker, Lance Corporal Dew tured, always helpful, always pleasant a Marine Corps flag over his bed. Every and all of our brave and courageous lad who everybody knew was destined morning after that, he woke up under fighting men and women are true he- to do great things. that flag and the proud words embla- roes. There is no way a grateful Nation That same day, I met Victor Dew’s zoned on it: Semper Fidelis. can adequately express our thanks to younger brother, Kyle, and I think I He steeped himself in military his- those who serve. However, naming this got a fleeting glimpse of Vic in his lit- tory. He was fully aware of the mortal post office after Lance Corporal Dew is tle brother. Kyle was seated at a table dangers he would face; yet in the sum- a small, but fitting, gesture to the with a group of his grade-school mer of 2009, he enthusiastically en- brave men and women who are the rea- friends. When I offered my condolences, listed. When Courtney asked him why, son that this country is free. one of his friends said, We came to he said, It’s my dream. I feel like I Mr. Speaker, I urge my colleagues to cheer him up and instead he’s cheering need to do this. One of his comrades put it this way: join me in strong support of this bill, us up. and I reserve the balance of my time. That day, I also met Victor Dew’s Victor lived every day with a purpose like it was his last. He always had a joke to tell Mr. ALTMIRE. Mr. Speaker, I yield parents, Patty and Tom Schumacher, you or a way to make your day better. He myself such time as I may consume. whose intense pride in their son fused would have tough days and instead of being Mr. Speaker, I join my colleagues in with inexpressible sorrow into a tran- negative, he would say, This is the kind of urging the passage of H.R. 3892, to re- scendent dignity that I cannot put into stuff I live for. name the United States Post Office in words. Lincoln perhaps came closest in Well, he had everything to live for. Roseville, California, in honor of Lance his famous letter to Mrs. Bixby when Before shipping out, he brought Court- Corporal Victor A. Dew. he wrote of laying ‘‘so costly a sac- ney to one of his favorite places in the Corporal Dew seemed to always have rifice upon the altar of freedom.’’ world, Disneyland, where he asked her a special place in his heart for the I’ve gotten to know Victor’s parents to be his wife. They were to be married United States Marine Corps since he in the more than 2 years since that when he returned. In the Marines, he was a young boy growing up in Granite costly sacrifice. I see them at the fu- was offered a posting to a ceremonial Bay, California. After enlisting with nerals of other fallen heroes, offering position in the Presidential detail right the Marines in 2009, Victor chose the comfort to other bereaved families in a here in Washington, but he turned it infantry. He wanted to be on the front way I think that only those who have down. He believed his duty and his des- line, making a difference to protect his gone through such a loss can truly un- tiny was to keep the fight away from country. derstand. I frankly cannot begin to un- our shores, away from his family and After completing recruit training, he derstand what they’ve gone through his country; and so he chose combat joined the Third Battalion, Fifth Ma- and continue to go through every day. even when he had been offered safe and rine Regiment, First Marine Division, Whenever I try to imagine myself in honorable service at home. Marine Expeditionary Force, as an their shoes, my mind recoils. I can only Instead of the prestigious Presi- anti-tank assaultman. During his first marvel at the strength that they sum- dential detail he had been offered, Vic- tour of duty in Afghanistan while con- mon. tor Dew chose to become one of the

VerDate Sep 11 2014 13:29 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00011 Fmt 0688 Sfmt 0634 E:\BR12\H28NO2.000 H28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15586 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 11 November 28, 2012 boys of 3/5: Third Battalion, Fifth Ma- we will all be gone. But the selfless The Chair recognizes the gentleman rine Regiment of the First Marine Di- deeds and quiet patriotism of young from Arizona. vision. He deployed to combat duty in men like Victor Dew are recorded, not GENERAL LEAVE Afghanistan on September 25, 2010. in plaques and buildings and monu- Mr. GOSAR. Mr. Speaker, I ask unan- Less than 3 weeks later, on October 13, ments, but, rather, in the eternal and imous consent that all Members may Lance Corporal Victor Dew, age 20, indestructible archives of time itself. have 5 legislative days within which to died from his wounds after his column They will not tarnish or fade. They will revise and extend their remarks and in- was ambushed and an explosive device stand for the ages as a testament to clude extraneous material on the bill destroyed his vehicle. Lost with him the value of liberty, the character of under consideration. were three other fallen heroes. those who step forth to defend it, and The SPEAKER pro tempore. Is there The next week, a black hearse with as a most profound lesson of the true objection to the request of the gen- the Marine Corps emblem brought him meaning of the words that Victor Dew tleman from Arizona? home to Granite Bay and to a hallowed awakened under from the time that he There was no objection. grave. Courtney had already bought was 12 and that he now sleeps under for Mr. GOSAR. I yield myself such time her wedding dress in anticipation of a all eternity: Semper Fidelis. as I may consume. far happier homecoming. The day be- Mr. GOSAR. Mr. Speaker, having no Mr. Speaker, H.R. 2338, introduced by fore Victor’s funeral, she put it on, she further requests for time, I yield back the gentleman from Florida (Mr. had a wedding photographer take her the balance of my time. POSEY), would designate the facility of portrait, and she placed that photo in Mr. ALTMIRE. Mr. Speaker, I urge the United States Postal Service lo- cated at 600 Florida Avenue in Cocoa, Victor’s casket. And then he was laid all Members to support the passage of Florida, as the Harry T. and Harriette to rest with all of the honors we accord H.R. 3892, and I yield back the balance Moore Post Office. The bill is cospon- to our heroes: posthumous medals and of my time. sored by the entire Florida State dele- a promotion, full military honors, a The SPEAKER pro tempore. The gation and was favorably reported by flag given to the grieving mother on question is on the motion offered by the Committee on Oversight and Gov- behalf of a grateful Nation. the gentleman from Arizona (Mr. ernment Reform on June 27. 777 days have passed since that awful GOSAR) that the House suspend the Mr. Speaker, it is altogether fitting day in Helmand province. In those 777 rules and pass the bill, H.R. 3892, as and proper that we name this post of- days, Victor Dew might have come amended. fice in Cocoa, Florida, for Harry and safely home, he would have married The question was taken; and (two- Harriette Moore, leaders of the civil Courtney Gold, they might have start- thirds being in the affirmative) the rights movement in Florida. Harry ed a family by now, and he would be rules were suspended and the bill, as Moore established the first branch of well embarked on a long and happy life amended, was passed. the NAACP in Brevard County, Flor- and a promising career. The title of the bill was amended so ida, and is considered the first martyr As painful as it is to reflect on what as to read: ‘‘A bill to designate the fa- of the civil rights movement. Sadly, on might have been, it’s important that cility of the United States Postal Serv- Christmas night in 1951, the Moores we do so because in that pain is the ice located at 8771 Auburn Folsom were killed by a bomb planted beneath measure of how much these young men Road in Roseville, California, as the their home. gave up and how much their families ‘Lance Corporal Victor A. Dew Post Of- Mr. Speaker, I urge my colleagues to grieve for them. They won’t grow old fice’.’’. join me in strong support of this bill, to enjoy the blessings of liberty they A motion to reconsider was laid on and I reserve the balance of my time. died to secure for our country and for a the table. Mr. CLAY. I yield myself such time country half a world away. f as I may consume. Mr. Speaker, I, too, want to join with b 1400 HARRY T. AND HARRIETTE MOORE my colleague from Arizona in consider- POST OFFICE A few years ago, I had the honor to ation of H.R. 2338, to name the post of- visit members of the Third United Mr. GOSAR. Mr. Speaker, I move to fice in Cocoa, Florida, after Harry T. States Infantry Old Guard, who tend suspend the rules and pass the bill and Harriette Moore. In accordance the Tomb of the Unknown Soldiers at (H.R. 2338) to designate the facility of with committee requirements, H.R. Arlington Cemetery. Tourists will the United States Postal Service lo- 2338 is cosponsored by all members of often watch them on warm spring days, cated at 600 Florida Avenue in Cocoa, the Florida delegation and was re- meticulously dressed and painstak- Florida, as the ‘‘Harry T. and Harriette ported out of the Oversight Committee ingly drilled, honoring the memory of Moore Post Office’’. by unanimous consent. It honors the these soldiers. Tourists don’t often The Clerk read the title of the bill. legacy of Harry T. and Harriette show up during hurricanes or in driving The text of the bill is as follows: Moore, who both fought tirelessly for snowstorms or at 2 a.m. in sleet and H.R. 2338 civil rights and against voter discrimi- hail, but the Old Guard does. They Be it enacted by the Senate and House of Rep- nation. commit 2 years of their lives to this resentatives of the United States of America in In 1934, Harry and Harriette orga- service, under the strictest of condi- Congress assembled, nized the first NAACP branch, as was tions. I asked a young sergeant, Why? SECTION 1. HARRY T. AND HARRIETTE MOORE mentioned, in Brevard County. In the Why do you do this? He said, Because, POST OFFICE. face of discrimination, the Moores suc- sir, we want to demonstrate to our fel- (a) DESIGNATION.—The facility of the ceeded in establishing additional low Americans that we will never for- United States Postal Service located at 600 NAACP branches throughout Florida. get. Florida Avenue in Cocoa, Florida, shall be In addition, the Moores worked with Victor Dew will not be forgotten. His known and designated as the ‘‘Harry T. and Harriette Moore Post Office’’. the Progressive Voters League to reg- family will see to that. His friends and (b) REFERENCES.—Any reference in a law, ister over 100,000 African Americans in neighbors will see to that. His marine map, regulation, document, paper, or other the State. Harry’s hard work and deter- brothers will see to that. And his coun- record of the United States to the facility re- mination led him to become the presi- try will see to that. Today, the United ferred to in subsection (a) shall be deemed to dent of the Florida State Conference of States House of Representatives con- be a reference to the ‘‘Harry T. and Harriette NAACP branches. siders legislation to name the post of- Moore Post Office’’. Tragically, as was mentioned, in 1951, fice in Victor Dew’s hometown of Gran- The SPEAKER pro tempore. Pursu- Harry and Harriette Moore were fatally ite Bay in his honor, as a simple token ant to the rule, the gentleman from Ar- injured when a bomb planted under- of that commitment. izona (Mr. GOSAR) and the gentleman neath their house exploded. The All things mortal will pass. Someday from Missouri (Mr. CLAY) each will Moores were survived by their only this post office will be gone. Someday control 20 minutes. daughter, Juanita.

VerDate Sep 11 2014 13:29 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00012 Fmt 0688 Sfmt 0634 E:\BR12\H28NO2.000 H28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 11 15587 Mr. Speaker, I urge the passage of b 1410 (H.R. 3912) to designate the facility of this bill to commemorate the legacy of The tragic murders sparked an even the United States Postal Service lo- Harry T. and Harriette Moore, and I re- more resounding outcry for civil cated at 110 Mastic Road in Mastic serve the balance of my time. rights. Beach, New York, as the ‘‘Brigadier Mr. GOSAR. I yield such time as he Harry T. Moore has been called the General Nathaniel Woodhull Post Of- may consume to my distinguished col- first American civil rights martyr. fice Building.’’ league from the State of Florida (Mr. Brevard County has honored the The Clerk read the title of the bill. POSEY), the sponsor of this legislation. Moores’ deep impact on the community The text of the bill is as follows: Mr. POSEY. I thank the gentleman by designating their homesite a Flor- H.R. 3912 for yielding. ida Historical Heritage Landmark, cre- Be it enacted by the Senate and House of Rep- ating the Harry T. and Harriette Moore resentatives of the United States of America in Mr. Speaker, today we take an im- Memorial Park and Interpretive Cen- Congress assembled, portant step to honor the lives of Harry ter, and naming its Justice Center SECTION 1. BRIGADIER GENERAL NATHANIEL T. Moore and his wife, Harriette Moore. after the trailblazing couple. WOODHULL POST OFFICE BUILDING. These leaders in the struggle for civil Additionally, the NAACP post- (a) DESIGNATION.—The facility of the rights were taken from us 61 years ago humously awarded Mr. Moore the United States Postal Service located at 110 Mastic Road in Mastic Beach, New York, this Christmas. Spingarn Medal for outstanding Harry T. and Harriette Moore pro- shall be known and designated as the ‘‘Briga- achievement by an African American. dier General Nathaniel Woodhull Post Office pelled the struggle for justice and Both these fine citizens undoubtedly Building’’. equality far beyond the borders of their touched the lives of others with the (b) REFERENCES.—Any reference in a law, home in Brevard County, Florida. dedication, integrity, persistence, com- map, regulation, document, paper, or other Leaders in the modern civil rights passion, and commitment each of them record of the United States to the facility re- movement, they are remembered for so courageously demonstrated. ferred to in subsection (a) shall be deemed to their dignity, compassion, and empha- I am pleased that the U.S. House of be a reference to the ‘‘Brigadier General Na- sis on education. They left a legacy Representatives is acting today to pass thaniel Woodhull Post Office Building’’. that remains close to the hearts of this legislation to name the U.S. Post The SPEAKER pro tempore. Pursu- community leaders and one that is sure Office in Cocoa, Florida, in honor of ant to the rule, the gentleman from Ar- to outlast the length of their lives that Harry T. and Harriette Moore. Passage izona (Mr. GOSAR) and the gentleman were so tragically cut short. of H.R. 2338 will further honor the from Missouri (Mr. CLAY) each will At a young age, the Moores were achievements and sacrifices of the control 20 minutes. dedicated teachers and educators in Moores, the leaders and first martyrs The Chair recognizes the gentleman our local community. Harry began his of our Nation’s modern civil rights era. from Arizona. first job as an elementary teacher at Designating the United States Post GENERAL LEAVE Monroe Elementary School in Cocoa in Office at 600 Florida Avenue in Cocoa Mr. GOSAR. Mr. Speaker, I ask unan- 1925. Two years later, he began a dec- as the Harry T. and Harriette Moore imous consent that all Members may ade of service as a high school prin- Post Office will commemorate the have 5 legislative days within which to cipal in Titusville. Then, from 1936 to Moores’ legacy in a town where Mr. revise and extend their remarks and in- 1946, he served as a principal and fifth- Moore began his service to others. This clude extraneous material on the bill and sixth-grade teacher at Mims. will serve as a constant reminder to under consideration. our community of the important and The couple first met in Brevard The SPEAKER pro tempore. Is there lasting contributions the Moores made objection to the request of the gen- County when Harry was serving as a to Cocoa and the Nation. principal in Titusville and Harriette tleman from Arizona? I urge my colleagues to join me in There was no objection. was an elementary schoolteacher. They passing this legislation. were married on Christmas Day in 1926, Mr. GOSAR. Mr. Speaker, I yield my- Mr. CLAY. Mr. Speaker, let me self such time as I may consume. and were later blessed with two daugh- thank and congratulate my good friend ters. They committed the remainder of Mr. Speaker, H.R. 3912, introduced by from Florida (Mr. POSEY) for bringing the gentleman from New York (Mr. their lives to the pursuit of civil jus- to this House, bringing to our atten- tice for African Americans. BISHOP), will designate the facility of tion these two great Americans and the the United States Postal Service lo- The Moores first founded the Brevard legacy that they left this country. cated at 110 Mastic Road in Mastic County chapter of the NAACP in 1934, Thank you for doing that. Beach, New York, as the Brigadier Mr. Speaker, I have no further speak- which led to a statewide NAACP con- General Nathaniel Woodhull Post Of- ers, and I yield back the balance of my ference in 1941. Mr. Moore served as fice Building. The bill is cosponsored time. president of the Florida State Con- by the entire New York State delega- ference of the NAACP chapters, as well Mr. GOSAR. Mr. Speaker, I urge all Members to support the passage of H.R. tion and was favorably reported by the as the founder and executive director Committee on Oversight and Govern- of the Progressive Voters League, as 2338, and I yield back the balance of my time. ment Reform on June 27. was mentioned earlier. Mr. Speaker, Brigadier General It was through these channels that The SPEAKER pro tempore. The question is on the motion offered by Woodhull was a great Revolutionary the Moores championed such issues as hero. He was a leader of the New York equality, education, and voter registra- the gentleman from Arizona (Mr. GOSAR) that the House suspend the Provincial Congress and a brigadier tion. But their steadfast adherence to general of the New York militia during equality was not without a price, as rules and pass the bill, H.R. 2338. The question was taken; and (two- the American Revolution. Woodhull both Mr. and Mrs. Moore were fired thirds being in the affirmative) the fought gallantly for the freedom that from their teaching jobs and found it rules were suspended and the bill was we know today. Despite hardship, difficult to find employment. To pro- passed. never did he stray from his dedication claim them as pillars of the commu- A motion to reconsider was laid on to a free United States of America. nity would be an understatement. the table. Mr. Speaker, Brigadier General The couple celebrated their 25th wed- f Woodhull is a very worthy designee of ding anniversary on Christmas Eve this postal facility naming, and I urge 1951. As they celebrated, a bomb ex- BRIGADIER GENERAL NATHANIEL my colleagues to join me in strong sup- ploded beneath their home. Mr. Moore WOODHULL POST OFFICE BUILD- port of this bill. died on his way to the hospital, and ING I reserve the balance of my time. Mrs. Moore died as a result of her inju- Mr. GOSAR. Mr. Speaker, I move to Mr. CLAY. Mr. Speaker, I would like ries 9 days later. suspend the rules and pass the bill to yield as much time as my colleague

VerDate Sep 11 2014 13:29 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00013 Fmt 0688 Sfmt 0634 E:\BR12\H28NO2.000 H28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15588 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 11 November 28, 2012 would like to consume to the gen- Furiously, one British officer lashed (b) REFERENCES.—Any reference in a law, tleman from New York (Mr. BISHOP), out at General Woodhull and slashed map, regulation, document, paper, or other who is the sponsor of this legislation. him across the head and arm with his record of the United States to the facility re- Mr. BISHOP of New York. I thank saber. The wounds to General Woodhull ferred to in subsection (a) shall be deemed to be a reference to the ‘‘Sergeant Leslie H. Mr. CLAY for yielding me time. were debilitating. General Woodhull Sabo, Jr. Post Office Building’’. Mr. Speaker, I rise today in honor of was incarcerated aboard a prison ship The SPEAKER pro tempore. Pursu- an American Revolutionary War hero, docked in New York Harbor, where he ant to the rule, the gentleman from Ar- Brigadier General Nathaniel Woodhull, was neglected and contracted gangrene izona (Mr. GOSAR) and the gentleman and I urge my colleagues to support my due to his untreated wounds. from Missouri (Mr. CLAY) each will legislation to name the post office in Woodhull’s agonizing demise and the control 20 minutes. Mastic Beach, New York, the Brigadier apparent refusal of the British to allow The Chair recognizes the gentleman General Nathaniel Woodhull Post Of- medical care galvanized the colonists, from Arizona. fice Building. reinforcing the stigma of brutality sur- I thank all of my colleagues in the GENERAL LEAVE rounding their enemies. Nathaniel Mr. GOSAR. I ask unanimous consent New York delegation for cosponsoring Woodhull died on September 20, 1776, this bill and the Oversight and Govern- that all Members may have 5 legisla- the first high-ranking colonial officer tive days within which to revise and ment Reform Committee for reporting killed in action during the American it to the full House. extend their remarks and include ex- Revolutionary War. traneous material on the bill under I also wish to thank the community Mr. Speaker, Nathaniel Woodhull of Mastic, an area of my district that consideration. embodied the patriotism and sacrifice The SPEAKER pro tempore. Is there was hit very hard by Hurricane Sandy of the early revolutionaries in the objection to the request of the gen- and has since demonstrated tremen- struggle for American independence. I tleman from Arizona? dous strength and resiliency. This bill hope you agree that naming the post There was no objection. is a tribute to a favorite son of Mastic office in Mastic is an appropriate honor Mr. GOSAR. Mr. Speaker, I yield my- and to a community that deserves rec- given General Woodhull’s service and self such time as I may consume. ognition. ultimate sacrifice to the United States. H.R. 5954, introduced by the gen- Born in 1722 to a prominent farming I urge a ‘‘yes’’ vote on this legisla- tleman from Pennsylvania (Mr. ALT- family in Mastic, New York, Nathaniel tion. MIRE), would designate the facility of Woodhull entered the British military Mr. CLAY. Mr. Speaker, I also urge the United States Postal Service lo- in 1758 and quickly achieved the rank my colleagues to pass this bill to con- cated at 320 7th Street in Ellwood City, of major. After experiencing battlefield tinue to promote the legacy of Briga- Pennsylvania, as the Sergeant Leslie success as an officer in the French and dier General Nathaniel Woodhull, and H. Sabo, Jr. Post Office Building. The Indian War, Woodhull rejected the having no further speakers, I yield bill is cosponsored by the entire Penn- Crown’s repressive colonial policies. back the balance of my time. sylvania State delegation and was fa- Entering politics, Woodhull was elect- Mr. GOSAR. Mr. Speaker, I urge all vorably reported by the Committee on ed to represent Suffolk County in the Members to support the passage of H.R. Oversight and Government Reform on Province of New York Assembly in 3912, and I yield back the balance of my September 20. 1769. Six years later, he was selected to time. Mr. Speaker, Sergeant Leslie Sabo, lead the rebellious New York Provin- The SPEAKER pro tempore. The Jr., was known for his heroism while cial Congress in its attempt to break question is on the motion offered by serving in the Army during the Viet- free from British colonialism and es- the gentleman from Arizona (Mr. nam War. He is a recipient of the tablish New York as an independent GOSAR) that the House suspend the United States military’s highest deco- State. rules and pass the bill, H.R. 3912. ration, the Medal of Honor. He earned In 1775, Woodhull was named briga- The question was taken; and (two- the medal for leading his company dur- dier general of the militia of Suffolk thirds being in the affirmative) the ing an attack by a North Vietnamese and Queens Counties due to his vast ex- rules were suspended and the bill was force. Sergeant Sabo distributed am- perience as a former British officer. passed. munition to his fellow soldiers during General Woodhull was ordered to un- A motion to reconsider was laid on heavy fire and provided cover to med- dertake the tactical role of removing the table. ical evacuation helicopters as they re- imperative American materiel from Ja- f trieved his injured comrades. During maica, Queens, during the Battle of the battle, he was killed by enemy fire. Long Island by General George Wash- b 1420 Mr. Speaker, I am truly grateful for ington. SERGEANT LESLIE H. SABO, JR. the brave and heroic service of Ser- Overwhelmingly outmanned and out- POST OFFICE BUILDING geant Sabo and for all those who serve maneuvered, the Continental Army and defend our Nation every day. Mr. GOSAR. Mr. Speaker, I move to was issued a calamitous defeat by the I urge my colleagues to join me in suspend the rules and pass the bill British at the Battle of Long Island, strong support of this bill, and I re- (H.R. 5954) to designate the facility of leaving General Woodhull and his serve the balance of my time. troops vulnerable to capture by the ad- the United States Postal Service lo- Mr. CLAY. Mr. Speaker, I yield my- vancing British army. General cated at 320 7th Street in Ellwood City, self such time as I may consume. Woodhull was captured by the 17th Pennsylvania, as the ‘‘Sergeant Leslie I am pleased to join my colleagues in British Regiment on August 28, 1776. H. Sabo, Jr. Post Office Building’’. support of H.R. 5954. And at this time, Woodhull peacefully tendered his sword The Clerk read the title of the bill. I would like to yield such time as he to the British and accepted his detain- The text of the bill is as follows: may consume to my friend and col- ment. H.R. 5954 league from Pennsylvania (Mr. ALT- Though the details surrounding Be it enacted by the Senate and House of Rep- MIRE). Woodhull’s capture remain imprecise, resentatives of the United States of America in Mr. ALTMIRE. Mr. Speaker, I am legend purports that the British were Congress assembled, proud to stand here today to speak in unwilling to accept Woodhull’s diplo- SECTION 1. SERGEANT LESLIE H. SABO, JR. POST support of my legislation to name the matic surrender and ordered him to ex- OFFICE BUILDING. Ellwood City Post Office in honor of claim ‘‘God save the King’’ as punish- (a) DESIGNATION.—The facility of the Sergeant Leslie Sabo. By passing this United States Postal Service located at 320 ment for his loyalty to the colonies. 7th Street in Ellwood City, Pennsylvania, bill, we are playing a small part in pay- Woodhull refused, instead uttering shall be known and designated as the ‘‘Ser- ing tribute to an exceptionally heroic ‘‘God save us all’’ when pressed by his geant Leslie H. Sabo, Jr. Post Office Build- man and his family for the sacrifices captors. ing’’. they made for this country.

VerDate Sep 11 2014 13:29 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00014 Fmt 0688 Sfmt 0634 E:\BR12\H28NO2.000 H28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 11 15589 Sergeant Sabo grew up in Ellwood Mr. GOSAR. Mr. Speaker, I yield as Mr. GOSAR. Mr. Speaker, I urge all City, Pennsylvania. He reflected the much time as he may consume to my Members to support the passage of H.R. values of the blue collar steel town in distinguished colleague from the State 5954, and I yield back the balance of my which he grew up: kindhearted, hard- of Pennsylvania (Mr. GERLACH). time. working, and dependable. He was draft- Mr. GERLACH. I thank the gen- Ms. BROWN of Florida. Mr. Speaker, I rise ed in 1969 and left the next year for tleman for yielding, and I thank the today in support of H.R. 5954—To designate Vietnam. Speaker for this time. And a special the facility of the United States Postal Service In the early months of 1970, Sabo was thanks to my colleague from Pennsyl- located at 320 7th Street in Ellwood City, platooned in Vietnam. They were dif- vania, Congressman ALTMIRE, for the Pennsylvania, as the ‘‘Sergeant Leslie H. ficult years for him. They endured un- sponsorship of this legislation. Sabo, Jr. Post Office Building.’’ bearable heat and humidity as they I rise today to recognize Congres- On 10 May 1970, Sp4c. Leslie H. Sabo Jr. pushed through jungles and rice sional Medal of Honor hero Army Ser- distinguished himself while serving as a rifle- paddies as well as monsoon rains that geant Leslie Sabo, Jr., who was a resi- man against hostile forces in the Se San area seemed to never end. dent of my hometown of Ellwood City, during the Cambodian Operation west of In May of that year, Sergeant Sabo Pennsylvania, and proudly served in Pleiku. Specialist Sabo was in the rear ele- and his platoon were ambushed by the the 101st Airborne Division during the ment of a reconnaissance patrol when it was North Vietnamese soldiers in Cam- Vietnam War. ambushed by a large enemy force. While firing bodia. Amidst heavy fire, he ran to dis- Sergeant Sabo arrived in Vietnam on his automatic weapon from his defensive posi- tribute ammunition to his fellow sol- November 14, 1969, and fought on a tion, Sp4c. Sabo saw that his comrades were diers and was wounded as he threw piece of ground called Hill 474. On May being assaulted by a flanking enemy force. He himself over a wounded combatant to 5, 1970, his company moved into Cam- immediately turned his fire in the direction of shield him from a grenade blast. De- bodia and was engaged in daily fire- the attacking enemy and with automatic weap- spite his wounds and the danger con- fights for 5 days. On May 10, his com- ons fire and grenades he was able to halt the fronting him, Sergeant Sabo continued pany was caught in a deadly ambush; insurgents from moving forward even though to provide cover to the medical evacu- but despite being wounded three times he was wounded while doing so. Then from ation helicopters as they retrieved by enemy fire and from a hand grenade, his defensive position, Sp4c. Sabo saw a wounded soldiers until he, himself, was he continued to purposely draw enemy wounded comrade about 10 meters to his right fire towards himself in order to allow killed by enemy fire. and disregarding his own wound he rushed to For his bravery, Sergeant Sabo was his wounded comrades to be safely help the fallen soldier. A grenade was thrown recommended to receive the Medal of evacuated. Tragically, he died of his into the friendly area from a nearby enemy Honor. However, the recommendation wounds on that hill. ditch and Sp4c. Sabo threw himself on top of A few years ago, after being informed languished for decades until it was dis- the wounded soldier to protect him from the that Sergeant Sabo’s Medal of Honor covered in the National Archives in blast. He was again wounded in the back from review by the Department of Defense 1999 by Alton Mabb, a Vietnam veteran had languished for many years, I was the grenade. He then took one of his own gre- from Florida. After many more years pleased to work with my colleague, nades and assaulted the ditch, threw his gre- and some prodding by my friend Con- nade into the ditch and killed two enemy sol- Representative ALTMIRE, to have the gressman GERLACH, who is a native of Department reevaluate this case and diers. Now seriously wounded, Sp4c Sabo re- Ellwood City, and myself, the Depart- ultimately recommend that the Presi- trieved three bandoleers of ammo and was ment of Defense finally announced in dent posthumously award Sergeant able to make it back to his original defensive December of 2010 that it would offi- Sabo the Medal of Honor. On May 16, position. As he threw extra ammo to another cially recommend to the President the we were both very honored and privi- comrade he was again shot in the leg area award to Sergeant Sabo for the Medal leged to be at the White House for the and fell behind a small tree. As two wounded of Honor. President’s presentation of this Medal soldiers were trying to get to a tree line to be I was honored to attend the Medal of of Honor award to the Sabo family. evacuated out of the combat area, enemy fire Honor ceremony with my friend Con- Today I am, likewise, honored to was pointed in their direction preventing them gressman GERLACH this past May. The have joined Representative ALTMIRE in from getting to the helicopter. Sp4c. Sabo with award was long overdue and much de- sponsoring this bill to rename the post multiple wounds stood up from behind his only served for Sergeant Sabo, his family, office in Ellwood City the Sergeant cover, a small tree, and opened fire on the and the entire community. Leslie H. Sabo, Jr. Post Office Build- enemy that was preventing the evacuation. Sergeant Sabo left behind a wife who ing. It is important for the citizens of While their fire was now diverted toward Sp4c. loved him, a brother who adored him, Ellwood City, of Pennsylvania, and of Sabo, the two wounded soldiers were able to parents who cherished him, and a com- our entire Nation to have a permanent get to the helicopter safe. Sp4c. Sabo was hit munity that admired him. After many public reminder of one of our greatest with automatic weapons fire multiple times and years, those who called Leslie a hus- local heroes. died from his wounds. Through his indomitable band, brother, son, and friend are able His story is a powerful reminder of courage, complete disregard for his own safe- to celebrate the man that made them the sacrifices our soldiers make in ty and profound concern for his fellow soldiers, all so proud. This year, Ellwood City order to keep our country safe. Each he averted loss of life and injury to the mem- dedicated a memorial and a bridge to day in America, we enjoy unprece- bers of his patrol. Sergeant Sabo. This bill will allow the dented freedom thanks to the distin- Leslie Sabo first came to my attention when town to continue to celebrate its hero guished service and tremendous sac- a constituent, Alton Mabb, Jr. asked me to in another fitting tribute by naming rifices of our servicemen and -women recommend his friend Leslie Sabo for the the town’s post office after Medal of and their families. While we can never Medal of Honor. This was in 2002. After many Honor recipient Sergeant Sabo. fully repay the debt we owe our troops years and the White House and Pentagon los- I want to thank Chairman ISSA and and our veterans, we can assure them ing and finding the paperwork that I sent they Congressman CUMMINGS, the ranking and their families that we will always finally were ready to recommend a yes to the member, for moving this bill through remember their extraordinary service. medal, but the award was too late and we their committee and allowing it to The legislation before us today ap- needed a special amendment in the Defense come to the floor for the vote later this propriately honors Sergeant Sabo’s Authorization bill to allow this to happen. I week. I urge my colleagues to support service and sacrifice, and I urge my worked with Chairman Ike Skelton to get it into it. colleagues to support it. the National Defense Authorization Act for Fis- And I thank Mr. CLAY for yielding me Mr. CLAY. Mr. Speaker, having no cal Year 2008. the time. further requests for time, let me again I was pleased when President Obama finally Mr. CLAY. Mr. Speaker, I also urge urge my colleagues to vote in support awarded the Medal of Honor to Sergeant the passage of H.R. 5954 and reserve the of H.R. 5954, and I yield back the bal- Sabo earlier this year, and believe that naming balance of my time. ance of my time. this Post Office after him is a fitting tribute. I

VerDate Sep 11 2014 13:29 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00015 Fmt 0688 Sfmt 9920 E:\BR12\H28NO2.000 H28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15590 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 11 November 28, 2012 want to thank the gentleman from Pennsyl- The trip to China to seek investors is Mr. mental problem for the U.S. is that it wants vania for his leadership on this bill and thank Bell’s fourth. His spokesman, Jen Sorgenfrei, to encourage private Chinese companies, but all those men and women who defend this Na- reached in China on Tuesday morning, de- private does not mean ethical or well run. clined to make the mayor available for com- . . . It could be owned by thieves and all of tion every day. The SPEAKER pro tempore. The ment about the problems Heidtman Steel these companies have the shelter that they had in China. are not going to be forced to pay unless they question is on the motion offered by In December, 2010, an arbitrator in Geneva have other overseas exposure.’’ the gentleman from Arizona (Mr. agreed with Heidtman and ordered the Chi- Mr. Scissors said American companies in GOSAR) that the House suspend the nese company—Hebei Huiyuan Group similar disputes will not get a judgment on rules and pass the bill, H.R. 5954. Tangshan Import & Export Co. Ltd.—to any basis of law. ‘‘There is no rule of law in The question was taken; and (two- repay $3.5 million plus other costs for 44,000 China,’’ he said. ‘‘Decisions are made on a thirds being in the affirmative) the tons of coke it had promised to deliver but political basis and the top one is keeping rules were suspended and the bill was did not. Two years later, Heidtman is still people employed, so if the Chinese company passed. without its money and never received the says it would have to lay off workers to pay shipment. A motion to reconsider was laid on this order, then forget it, you are not going In 2004, when coke was difficult to obtain to get squat.’’ the table. and the price of steel was sky-high, John Mr. Ridenour admits Heidtman should f Bates, Heidtman’s chief executive officer, have used an international letter of credit thought he had found a supply of coke to sat- HEIDTMAN STEEL rather than paying up front for the coke. isfy his customers. ‘‘This was our first foray into China and (Ms. KAPTUR asked and was given ‘‘We became aware that there was maybe maybe our last,’’ he said. ‘‘It’s a story about permission to address the House for 1 some coking coal available in China for ex- the perils of doing business in China without minute.) port to the United States, so our CEO went having your behind protected.’’ Ms. KAPTUR. For decades, America’s over and met with some individuals,’’ Mr. Heidtman and its law firm have asked for Ridenour said. ‘‘We signed a contract [and] trade policy has been broken. When help from U.S. Sen. Rob Portman (R., Ohio), made a payment in order to obtain this cok- U.S. Rep. Marcy Kaptur (D., Toledo), the Congress granted permanent normal ing coal, which we would then turn around trade relations to China, those of us in U.S. Department of State, the U.S. Depart- and sell to a steel producer; in this case, it ment of Commerce, the American Embassy Congress who opposed the deal were was SeverStal.’’ in Beijing, and the International Chamber of promised that U.S. businesses would be The deal with Hebei was signed on Nov. 13, Commerce. treated fairly in China. Well, that 2004, and the money was wired three days Miss Kaptur said she is trying to ‘‘get jus- didn’t happen. Instead, we see cases of later. The coke was supposed to be waiting tice’’ for Heidtman by going through official corruption and outright theft with lit- on a dock in China north of Beijing on Dec. channels. 5, 2004. ‘‘I am seeking a personal meeting with the tle or no justice for U.S. companies. After Hebei failed to deliver the coke, ambassador from China to the United States In our Ohio district, one of our local Heidtman agreed to cover the difference be- and we have asked for that meeting and we manufacturing companies, Heidtman tween the contract price and the cost of buy- are waiting for a reply,’’ she said. ‘‘We are ing 44,000 tons of coke on the dock from an- Steel, was the victim of corrupt busi- operating with a country that does not have other seller to honor its commitment to ness practices in China. Heidtman sup- reciprocal trade practices. They do not have SeverStal. In January, 2005, SeverStal de- plies steel to the U.S. auto industry. a rule of law and they do not abide by the manded $1.68 million from Heidtman for the Heidtman took a chance by trying to normal practice of global trade.’’ purchase price difference of that coke and do business in China. Do you know She said Heidtman’s situation is a cau- extra shipping costs. tionary tale. what? They essentially were robbed by The arbitrator awarded Heidtman $3.51 ‘‘This is indicative of many American com- a Chinese company. After 8 years of million as reimbursement and the $1.68 mil- panies doing business in China,’’ Miss Kaptur trying to get justice, Heidtman is still lion it had to pay to SeverStal. Heidtman said. owed $7 million. was also awarded $440,000 plus $185,876 in I’ve asked the Chinese Ambassador legal fees, hearing costs, and arbitration f and their government for answers to fees. MESSAGE FROM THE SENATE this case, and our Federal trade estab- Xu Jianguo, chairman and legal represent- ative of Hebei, could not be reached for com- A message from the Senate by Ms. lishment needs to be more forceful on ment at his office in China. Mr. Xu and the Curtis, one of its clerks, announced issues of business fraud. America and company are listed on a variety of Chinese- that the Senate has passed a bill of the the Congress should not stand idly by language Web sites. One site calls him ‘‘the following title in which the concur- as American companies are fleeced and city of Tangshan coke king’’ and says that rence of the House is requested: as the promises of a level playing field he has been chairman of the board of the En- are broken. trepreneurs Association of Hebei Province, S. 3642. An act to clarify the scope of the Economic Espionage Act of 1996. [From the Toledo Blade, Nov. 21, 2012] Tangshan City Federation executive com- mittee. f HEIDTMAN STEEL PRODUCTS, INC. SAYS Mr. Ridenour alleged Mr. Xu asked for an CHINESE FIRM OWES IT $7 M additional $10 million after the coke ship- DEVASTATING EFFECTS OF SE- (By Ignazio Messina) ment didn’t arrive at the docks. QUESTRATION CUTS TO MATER- A Toledo company that has supplied steel John Carey, a lawyer with Eastman & NAL AND CHILD HEALTH PRO- for the Detroit Three automakers and raw Smith Ltd. who is working for Heidtman, GRAMS AND RESEARCH materials to steel mills says it was duped said the arbitration award has been ignored eight years ago by a Chinese business that but there are legal options in China. The SPEAKER pro tempore. Under claimed to have a great supply of coking ‘‘We have a two-year window to do some- the Speaker’s announced policy of Jan- coal for sale. thing with it in China,’’ Mr. Carey said. ‘‘We uary 5, 2011, the gentlewoman from Illi- After nearly a decade of legal wrangling have had a Chinese lawyer in Beijing for nois (Ms. SCHAKOWSKY) is recognized overseas, Heidtman Steel Products Inc. is about a year trying to help us. . . . We have for 60 minutes as the designee of the still owed nearly $5.9 million, plus 5 percent been told by everybody and their aunt that minority leader. interest from the Chinese company. The in- you can go through the Chinese judicial Ms. SCHAKOWSKY. Thank you, Mr. terest brings the award to about $7 million. process if you want to; it will take a really ‘‘A simple business transaction. Well, it long time; it will be really expensive, and Speaker, for yielding to me for a very never shipped and they never returned the really there is no certainty for outcome.’’ important hour. money,’’ said Mark Ridenour, chief financial Derek Scissors, an expert on China and an I want to begin with Elodie Michaud, officer for Heidtman Steel. ‘‘I think we got Asian scholar at the Heritage Foundation in this beautiful, beautiful baby and hope ripped off, to be perfectly honest. I think we Washington, said he was not surprised to that everyone will think about Elodie got shanghaied.’’ hear about Heidtman’s troubles with the as every child, as any child, as your Toledo Mayor Mike Bell and about 20 local Chinese company. He said American compa- child. Because what I rise to talk about businessmen left for China on Nov. 13 and are nies should first check out businesses in to fly back today. China before proceeding because recovering today is the importance of protecting The mayor has been urging Toledo busi- money in a legal dispute is very difficult. very important maternal and child nesses to explore doing business with Chi- ‘‘No certainty for an outcome is an under- health programs and research, some nese investors and businessmen. statement,’’ Mr. Scissors said. ‘‘The funda- wonderful things that our country does

VerDate Sep 11 2014 13:29 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00016 Fmt 0688 Sfmt 0634 E:\BR12\H28NO2.000 H28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 11 15591 to make sure that children like Elodie, icans, including women and children. that there will be less abortions in the regardless of their circumstances and Funding programs that assist vulner- United States. where they live and how much money able women and children have already For many women, title X clinics pro- their parents make, will be able to experienced serious cuts in recent vide the only health care services that grow up healthy and happy and produc- years, and we shouldn’t be asking more they ever receive in their lives. With- tive in our country. from these safety net programs. out access, some women will have a We also want to ensure that we don’t harder time obtaining preventive care b 1430 replace sequestration, these automatic and treatment services. I’m talking Investments in maternal and child cuts that will go into place, with some- about clinics that provide for up to 5 health improve the well-being and thing even worse. Some alternatives million women across the country. quality of life for women and children are being considered that would actu- People like to think about Planned and families all over the country while ally do even more harm than seques- Parenthood as being the place where actually reducing government costs. So tration to women and children. Al- women can get abortions. That’s a tiny as we deal with all of the issues of the though Medicare beneficiaries are pro- part of their services, about 3 percent. debt and the deficit, I want to make tected under sequestration, some pro- Mostly they provide primary health sure that everybody is keeping Elodie, posals would make cuts and/or change care, including access to contraception. and children like her and her mother Medicaid into a block grant. That That’s a very important service that and her father and her family, in mind means giving just a sum of money to we want to make sure that we don’t and making cuts that really make the States pretty much to do what cut. The breast and cervical cancer sense and avoiding cuts that absolutely they want with and not necessarily screening program has been particu- make no sense, that don’t save money, covering the children and poor people, larly important to providing access for and certainly don’t make our country poor families that need Medicaid sup- any better. The investments that we women to early detection and screen- port. ing services. In my State of Illinois— make help children remain healthy, In the United States of America, I’m from the Chicago area—title X achieve success in school, and become Medicaid covers more than 40 percent clinics have caught 1,400 cases of cer- productive members of society. of all births and covers one in three While we all agree that we want to vical cancer and 713 cases of breast children. Think about that. Forty per- cancer over a 5-year period through the tackle our fiscal challenges, we want to cent of all births and one in three chil- make sure that we take the kind of program. Sequestration cuts mean that dren are in families that qualify for 550 fewer Illinois women will be balanced and sensible approach that re- Medicaid support. That means that screened for cancer through this pro- duces our deficit, puts our fiscal house they’re low income enough to be able gram, potentially costing women’s in order, and protects the health of to qualify for Medicaid, and we cer- lives because their cancer will be found women, children, and families. So we tainly don’t want to do something that too late without access to these life- should all agree, both sides of the aisle, would make that unavailable and so we saving services. that we want to increase revenue to can continue to have the birth of I have been joined by one of the chief tackle our budget deficits and ask healthy children. advocates for women in the United those who can afford it—the wealthier Sequestration would devastate our States of America who has been such individuals and profitable corpora- public health system, impeding our an incredible and consistent advocate. tions—to pay their fair share so that ability to bend the health care cost I am so proud and grateful that CARO- we don’t ask children and families, like curve, to prevent illness, to cure dis- LYN MALONEY from New York has Elodie’s family, to bear the burden. eases, to ensure access to quality joined us. I would like to yield to the Elodie certainly had nothing to do health services, and to ensure the gentlewoman. with creating the deficit, and many healthy development of our children. b 1440 families that the Elodies of the world Sequestration will eliminate nearly live in had nothing do with creating $1 billion in Federal funding for pro- Mrs. MALONEY. I would like to con- the deficit. Asking them to pay more grams and research designed to pro- gratulate my good friend and colleague doesn’t make any sense. We need to mote and protect the health of women JAN SCHAKOWSKY for her incredible find more savings in the bloated de- and children. These cuts will hinder leadership in this body and for orga- fense budget and waste, fraud, and our ability to extend quality health nizing this Special Order that focuses abuse throughout many different sys- care services to women and to families. on the impact of sequestration on tems. Obviously, we want to get rid of I want to talk about a very impor- women, children, and families. It’s very unnecessary and duplicative programs tant and often under attack program important. that we don’t need, and we should go that we call title X, and that is family Just yesterday, JAN, there was a re- port that came out from the National very carefully through our budget. We planning services, family planning Economic Council and the Council of don’t want to do it at the expense of clinics. I also want to talk about the Economic Advisers which said that if children. title V maternal and child health serv- we go over this fiscal cliff—if we do se- When we talk about sequestration, ices block grants, two programs that questration—that it would cut con- these are automatic budget cuts that reduce barriers for low-income women sumer spending by $200 billion. So, by will go through if we don’t resolve the and children to access critical health having a consensus on the budget and a fiscal problems that we have right now. care services and support. If we go to financial plan that is fair and balanced These are, I would argue, inefficient, these automatic cuts, again called se- going forward, it could be $200 billion across-the-board cuts that will be questration, we will be cutting $24 mil- in stimulus. On top of that stimulus, made. And even though some programs lion in funding to title X clinics, de- there would be business and market for vulnerable Americans are pro- creasing Federal funding for the only stimulus just by having some certainty tected, others would be severely cut. dedicated family planning program to in where we’re going. Having an agree- We should not allow this. its lowest point in a decade. Title X ment that is fair and balanced is crit- American families shouldn’t be pay- clinics are critical and vital compo- ical for the overall economy, but the ing for a budget deficit largely caused nents of our health care safety net, impact on women and children and on by things like two unpaid-for wars and providing critical access to breast and some of our most vulnerable would be two unpaid-for tax cuts that dispropor- cervical cancer screening programs, devastating. That’s why your par- tionately benefited the wealthy and prevention and treatment services for ticular focus today in this Special Wall Street gone wild, which led to the sexually transmitted diseases, and re- Order is so important. worst recession since the Great Depres- ducing the rate of unintended preg- The United States currently ranks sion. Our budget should not be bal- nancies, and reducing the rate of abor- about 50th in the world in infant mor- anced on the backs of vulnerable Amer- tions. Access to family planning means tality. In Morocco, 1.8 infants under 1

VerDate Sep 11 2014 13:29 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00017 Fmt 0688 Sfmt 0634 E:\BR12\H28NO2.000 H28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15592 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 11 November 28, 2012 year of age die for every 1,000 live running our State now at a deficit, and better than the United States—Mo- births each year. In Japan, the number we have to make that up in a year. rocco, for example—and I’m sure there is 2.2. In the United States, to our Under our State constitution, we can’t are a bunch of others. Yet the United shame, the number is six. From New carry deficits, and you can’t tell a baby States of America is 50th. Now, many Zealand to all other advanced coun- to just go out and get a job. people don’t live in communities in tries around the world, they do much Let’s work together to protect these which they see that, but that means better than the United States in this critical programs for women and chil- that there have to be neighborhoods most fundamental measure of health dren. It’s time to change direction. It’s and communities in our country in and well-being. The people who are time to acknowledge that elections which the infant mortality rate is most affected by this failure are not matter, and it’s time to listen to the probably very much like those in un- those who have been irresponsible— American people. This bus, at great derdeveloped countries, where they they are not slackers; they are not speed, is headed over a cliff, and it’s rely on programs like the Women, In- lazy. They are babies. They are mostly time for the people in the majority, the fants, and Children program which babies who have been born into pov- people in the driver’s seat here in the make sure that women don’t have un- erty. This is a metric that we should House, to take a turn and to change it. derweight births, children born of low feel morally bound to improve by leaps What would happen if we went into weight. and bounds, but instead, we are about sequestration and if the middle class The other thing you were talking to make it worse for these babies if we tax cuts expired? That would mean an about was the WIC program. It sounds don’t act swiftly to prevent sequestra- increase in taxes of $2,000, on average, like what you’re saying is that we tion. against every middle class family in would actually be taking food out of If this Congress does not act to pre- America. Failing to take action would the mouths of little children. vent this country from plunging over slow the growth of our own real GDP Mrs. MALONEY. Literally, literally, the fiscal cliff under the terms of the by 1.4 percentage points in 2013, and and we can’t afford to do it. I would say sequestration provisions, the Women, this continued gridlock would throw it really is scandalous, absolutely scan- Infants, and Children program will ex- the United States back into a recession dalous. We have to work together and pre- perience a savage cut of 8.2 percent—a and cause the jobless rate to go up. vent this from happening. Always, it’s reduction of over a half a billion dol- Congress is going to be stuffing, I those parts of our society that can’t af- lars. The program, which is known as would say, a big, ugly lump of coal into ford a lobbyist, that don’t have the WIC for short, provides nutrition and the stockings of the American workers money. Babies can’t get jobs, and they breast-feeding education, healthy food, if we don’t save this country from se- can’t hire lobbyists. So those programs and improved health care to millions of questration, and we know that those that help poor children are going to be low-income families and mothers and who would be hurt are those who are incredibly vulnerable with this seques- children. Nearly 735,000 participants the most vulnerable. It was our great tration. As I said, no one in their right would be cut from the program next President, John F. Kennedy, who said, mind would let this happen, yet the When you balance budgets, don’t bal- year. These are not families who can parties seem so far apart, and we don’t ance them on the backs of the poor. As just make up the difference by taking seem to be getting the consensus that to the programs that really serve the shorter vacations or by whipping out a we need to make this happen. It’s abso- neediest and the most vulnerable—the little credit card. These are low-income lutely critical. Getting that consensus children, the mothers, the retired families, and they would be perma- and not falling over that cliff is lit- women—this sequestration is going to nently hurt. erally going to save lives, millions of In my home district of New York, hurt them the most. I would say no- lives. these cuts would seriously threaten the body in their right mind would vote to ability to deliver critical services to do that. b 1450 mothers and babies, which are services The American people made their Ms. SCHAKOWSKY. That’s why, be- that they need. It disproportionately wishes clear in this last election. They cause we all get into the numbers affects low-income families. supported President Obama, and they game, we talk about a billion here and Sequestration would devastate the want this Congress to get going and to a billion there, et cetera, and that’s title V Maternal and Child Health get the job done, but at the rate we’re why I wanted to put up a picture of the Services Block Grant Program. This going, we’re all going no place fast ex- beautiful Elodie Michaud, who happens block grant currently serves over 7 cept over a cliff. As you pointed out, to actually be the daughter of Megan million individuals in New York by the impact of going over this cliff will Michaud, who is my legislative direc- supporting initiatives that promote be devastating to our overall economy tor, so people can look at a face. This health, that reduce economic dispari- but particularly to those who are the is the kind of face, if not Elodie’s face, ties, and that combat infant mortality. most vulnerable—our children and our that we are talking about. Here’s a Under the cruel consequences of se- mothers and our elderly women. mom and a baby, too. These are the questration, more than 5 million fewer So I want to congratulate my col- kinds of faces that we want people to families would be served. league and partner in so many efforts keep in their mind because there are Cuts under sequestration would mean for women, children, families, and for real people behind these numbers. It’s that, in New York alone, over 1,000 working Americans and, really, for get- easy to say we are going to cut money fewer women would be screened for ting a compromise, for getting a solu- from the WIC program, Women, In- cancer, that 11,000 fewer children would tion that will keep us from going over fants, and Children program, and then be vaccinated, and that 1.1 million this fiscal cliff. I thank my distin- you realize what that would mean to fewer women and children would be re- guished colleague for organizing this. perhaps this mother and this baby and ceiving health care. In New York right Ms. SCHAKOWSKY. I want to under- so many across the country. now, about 14,000 cases of breast cancer score a pretty shocking statistic. You Mrs. MALONEY. I would say so. And and over 914 cases of cervical cancer mentioned that the United States of providing the resources for WIC, which are diagnosed each and every year. Se- America is 50th in infant mortality. provides food literally for children, for questration would cut more than Was that the statistic? babies and their mothers, this is a fun- $268,000 from the breast and cervical Mrs. MALONEY. Yes, yes. Here we damental measure of health and well- cancer screening program. are so wealthy, and yet we are 50th in being around the country, the birth of In this fragile economy, States sim- the world in infant mortality. children and the health of their moth- ply cannot absorb these cuts without Ms. SCHAKOWSKY. One being the ers; and yet we are doing so poorly in cutting vital services. New York, like best of course. it. We are 50th in the world in infant every other State in this country, has And you mentioned countries that we mortality. That is not a statistic; that its own extreme problems, and we are wouldn’t necessarily expect would be is a scandal.

VerDate Sep 11 2014 13:29 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00018 Fmt 0688 Sfmt 0634 E:\BR12\H28NO2.000 H28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 11 15593 Taking money away from the support Program for Women, Infants, and Chil- is just no question that these pro- of these young babies, these are not ir- dren and the 317 Immunization Pro- grams, which serve women, infants, responsible people that aren’t carrying gram that will have their funding cut, children, will lose if sequestration their weight. These are not people that if we are to reduce our national health takes place as scheduled. We know that are slackers, like some of my col- care expenditures, we have to make every year, millions of women and chil- leagues on the other side of the aisle sure that we fund those programs, dren depend on health, nutrition, and talk about some people. They’re not those special nutrition programs and other services that are provided lazy; they just happen to be born poor. the immunization programs. They have through their State and local public And in the richest country in the a track record of saving money on fu- health departments because of Federal world, we have to be there. As John F. ture medical expenses. funding. Kennedy said, we cannot balance the Imagine, you’re sending your chil- These services not only include nu- budget on the backs of the poor. It’s dren to school and they’re sitting next trition but well-child and well-mother wrong. to a child who simply cannot afford to checkups, basic immunizations, edu- Ms. SCHAKOWSKY. I thank you so get the kind of immunizations they cation on healthy eating and nutrition, much for your contributions—con- need because those funds have been and referrals, when appropriate, to pro- tinuing contributions—to the well- cut. None of us want that. I certainly grams like WIC, which help ensure a being of women and children. don’t want that for my grandchildren. healthy start for women and children. Yes, it’s true that title V Maternal The Supplemental Nutrition Pro- Let’s not fool ourselves, sequestration and Child Health Services Block Grant gram for Women, Infants, and Children, will cripple these efforts that help also does things like combat preterm the WIC program, improves health out- women and children. birth, teen pregnancies, preventing comes by providing nutritious food and According to one estimate, seques- chronic conditions, reducing dispari- nutrition and breast feeding education tration will eliminate nearly $1 billion ties that are often present in our soci- to women and young children. The WIC in Federal funding for research and ety. Let’s be clear, not everybody has program has resulted in healthier preg- programs designed to promote and pro- access to quality, affordable health nancies, healthier birth outcomes, and tect the health of women and children. services; and we want to improve that better growth and development of Many of these programs have already for more than 40 million women, in- young children. been subject to two straight years of fants, and children with special health For every dollar we spend on a preg- funding cuts and left flat or near-flat care needs. nant woman in the WIC program, as funding prior to that. Sequester will My State uses title V funding to re- much as $4.21 is saved in Medicaid ex- cut even deeper and for much longer. duce infant mortality, prevent teen penditures because WIC reduces the b 1500 pregnancies, and to ensure newborn risk for preterm birth by 25 percent screenings, to test children early on for and low birth weight babies by 44 per- So when we start saying we have to things that can become chronic condi- cent. These are successful programs. have a balanced approach in terms of tions and make sure that we take care In spite of the proven success and raising revenue and cuts, we have al- of them early, and to coordinate care cost savings from the WIC program, se- ready cut $1.7 trillion from these pro- for children with physical disabilities. questration would cut $529 million grams. You can cut to the bone and And the sequestration cuts will reduce from the WIC program, which would into the bone when you start talking critical funding to these efforts by over allow the WIC program to serve ap- about cutting these programs any $1.65 million in Illinois alone. And with proximately 735,000 fewer women and more. those cuts, 306,000 fewer Illinois young children who are at nutrition Some make the argument that our women, infants, and children can be risk, including 24,200 from my home Nation can no longer afford to invest in served. State. programs that support the health and Another really important area that I I see that I have been joined by a well-being of women and children. I think a lot of people don’t focus on is fearless and tireless advocate for would argue that we cannot afford not training of doctors. One of the things women and children, particularly low- to make these investments. We sure that sequestration, these automatic income women and children. This is my hear a lot about ‘‘family values’’ that, budget cuts, will do is reduce our abil- next-door neighbor and great friend quite frankly, isn’t reflected in the ity to train pediatric physicians needed and great Congresswoman from the support of funding for programs that to ensure access to quality health care great State of Wisconsin, GWEN MOORE. aim to provide the most basic of neces- services to children and adolescents. Ms. MOORE. Well, I thank you so sities for women and children in need. The Children’s Hospitals Graduate much, my good friend from Illinois, I want to talk about one of these pro- Medical Education program trains JAN SCHAKOWSKY. You have always, grams, the Special Supplemental Nu- more than 40 percent of general pedia- even before your tenure as a Member of trition Program for Women, Infants, tricians and 43 percent of all pediatric Congress, been an advocate for good, and Children (WIC). WIC serves over 9 subspecialists. Sequestration, auto- healthy, nutritious food. It really oc- million mothers and young children matic cuts, would take $21 million curs to me that kids can’t wait. It’s not every month, including a majority of from this program forcing the reduc- as if we malnourish them now, that infants throughout our Nation, and tion of residency slots, training of doc- somehow when the economy picks up, about one in four pregnant women. The tors, at Children’s Hospitals across the we can supply them with calcium and program focuses on low-income preg- country. We want to have these quality vitamin A and vitamin C, protein and nant, breastfeeding, and postpartum doctors that are able to make sure that iron that they need retrospectively and women, infants, and children under age they can care for our children. say: well, let’s just pick up where we 5 who are at nutritional risk. We’re I want to go back to something that left off. Here’s this pregnant woman talking about women and youngsters Representative MALONEY raised, and who, if she can just manage to get that who are low-income and at risk for that’s the WIC program—Women, In- child into the world, by the time they some very troubling health and devel- fants and Children—and immuniza- are three or four, we’ll back up and opmental outcomes and very expensive tions. Experts agree that we must com- provide them with that nourishment. outcomes for our Nation down the road bat our deficit by bringing down the I can tell you that, JAN, you have for as their health deteriorates because we total cost of health care. That’s true, a long time been a shero in this. And so did not do basic preventive things like but sequestration could result in just has my good friend, ROSA DELAURO giving them a decent meal. the opposite. The sequestration cuts to from Connecticut, who will be joining Research has consistently shown that programs such as what we call the food us very soon as well. participation in WIC improves nutri- stamp program, the SNAP program, or We’ve got to take a balanced ap- tion, resulting in overall healthier the Special Supplemental Nutrition proach to this deficit reduction. There pregnancies, healthier birth outcomes,

VerDate Sep 11 2014 13:29 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00019 Fmt 0688 Sfmt 0634 E:\BR12\H28NO2.000 H28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15594 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 11 November 28, 2012 and better growth and development of As I was coming to the floor, I saw WIC program. I was going to do that, young children. Yet, this hard-fought our colleague CAROLYN MALONEY, and but let me take a different tack. Let progress and the lives of at-risk women our colleague GWEN MOORE just com- me talk about the bounty in this Na- and children are at risk due to pending pleted her remarks, and we know the tion that you spoke about, my col- budget cuts. strength of her passion, and I know league. This is a land of plenty. We Administrative costs for these pro- that waiting to speak today, as well, is produce more food than any other na- grams is just a steal, only about 7.5 Congresswoman LOIS CAPPS. tion in the world. percent, meaning that the vast major- The issues that we talk about today I will tell you about my congres- ity of these funds go to getting healthy are not just about women; it’s about sional district, the greater New Haven, food, education, and referrals to our families and what’s happening in Connecticut, district. One out of seven women, infants, and children in need. the lives of our families. It has been people in my district go to bed hungry. So when we talk about the cuts that such an incredible road for families They don’t know where their next meal are called for under sequestration, we today, given the nature of the reces- is coming from. Connecticut, statis- aren’t talking about trimming over- sion and how deep that recession was tically, is the richest State in the Na- head or waste. We’re talking about and how basically people are trying to tion. It is essentially because we have taking away food—food, people—and hang on and to try to make their way something called Fairfield County and vital services from vulnerable popu- to take care of themselves and their the Gold Coast where there’s a lot of lations. We’re talking about denying families. It’s about maternal and child affluence. But we also have cities like an infant access to good, healthy health. It’s about their well-being. And New Haven and Hartford and Bridge- breast milk and the food package that I think that it is appropriate to talk port and others who have families who they need to help develop normally. about this now. are at risk. WIC is a short-term intervention You know, we did just come through that makes a lifelong difference. On av- an election, and I think one of the b 1510 erage, a woman participates for 13 things that we saw in this election is But what’s happened with the issue months, but science tells us that those that the issues that face women and when people talk about food insecurity, 13 months make a heck of a difference children and their families were front you know what it means, I know what to mothers and children over a life- and center. Women collectively ad- it means, Congresswoman CAPPS knows time. dressed these issues and began to perk what it means. It means people are If we can’t agree as a nation that en- up their ears and to look to see: How hungry, and they don’t know where suring pregnant women, infants, and am I going to take care of my family? their next meal is coming from. And children are adequately nourished is a Who is watching out for me and for my we’re now looking at food pantries that must, then what can we agree on? We family? are out of food. There are all kinds of will not balance the budget by cutting I know, as you are and my colleagues drives to fill up these shelves so that WIC and other Federal programs like on this side of the aisle, we are very people who never thought they would the Maternal and Child Health Block grateful for the decisions that they have to use this kind of a service are in Grant, Healthy Start, and HIV/AIDS made, and now we have to make good fact looking at the need to put food on programs. on the promises that we made to fami- their table. WIC represents less than two-tenths lies, and they are promises. We have a And yet we look at a set of cir- percent of the Federal budget. Funding moral responsibility to address these cumstances here in the programs that immunizations for children did not put issues of nutrition and health in this we have jurisdiction over where we our Nation in this fiscal mess, but it is Nation. This is not something—when would see $134 billion in cuts to the these proven, cost-effective innova- people want to say that there isn’t any food stamp program, the Supplemental tions that help us all which are poised money to do these efforts, let’s take a Nutrition Assistance Program, or the to bear the brunt of these cuts. In al- look at other areas where there is SNAP program. What that means is lowing sequestration to occur, we put money and the enormous subsidies that when you have that massive cut there, lives in jeopardy in spite of the consid- we pay out to various interests and millions of people are going to be jetti- erable evidence that these programs where we provide our Tax Code which soned from the ability to feed their are making a difference and saving we can use for good purposes but often- families and feed themselves. And that costs to the taxpayers down the line. times may be used for a purpose that’s mother and child in that photograph Thank you so much for this time, contrary to the well-being of this Na- are going to be without access to food. JAN. Thank you for doing this Special tion. Let’s look to those places first be- It is unconscionable. Order. When we start talking about fore we start to look at cuts that affect And then I will just say one more food, we’re talking about a very basic the people in that photograph. They’re point. The Emergency Food Assistance need. And if we’re talking about cut- real. They’re not statistics. And this Program, which is a program for fami- ting food from infants, we’re talking institution has that moral responsi- lies who are not eligible for food about not making a hard choice, we’re bility and that obligation to do well by talking about making a cruel choice. them. stamps, their funding is dependent Ms. SCHAKOWSKY. Thank you so My colleague, GWEN MOORE, talked upon what happens in the food stamp much, not only for your words today, about the WIC program, the Supple- program. So the young woman in Bran- but for all your work that you do on mental Nutrition Program for Women, ford, Connecticut, who came to an behalf of women and children every Infants, and Children, short-term pro- event with me, in a blue-collar town, day. gram, science-based. It’s a lifetime of the young woman had a job as a human I want to call now on one of the in- good nutrition and health behaviors for resources administrator, helped to in- credible advocates and leaders when it at-risk women and children. vest pension funds, had three sons, 18, comes to making sure that our chil- What we have here is the investment 14 and 10, she got up and said, I am not dren, in particular, and low-income in this program. What does it do? It eligible for food stamps so I come to people have adequate nutrition in a doesn’t just sink to the bottom of the the food bank to get emergency food country that is the richest in the ocean. It means healthier pregnancies, assistance. She and her family, three world, an advocate for women and chil- healthier birth outcomes, growth and grown boys, eat one meal a day in the dren from the State of Connecticut, the development of young children. United States of America, a land of ROSA DELAURO. Over half the babies born in the United plenty. She had tears in her eyes. She Ms. DELAURO. Thank you very, very States every year and 9 million moth- wants a job. She wants to go to work. much. There are not enough words to ers every month participate in this She hasn’t been able to find one. Con- express our thanks collectively to you, program all across the United States. necticut has 9 percent unemployment. Congresswoman SCHAKOWSKY, for call- My colleague, Congresswoman So her family is eating one meal a day. ing this Special Order today. MOORE, talked exclusively about the It’s outrageous. It’s unconscionable.

VerDate Sep 11 2014 13:29 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00020 Fmt 0688 Sfmt 0634 E:\BR12\H28NO2.000 H28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 11 15595 We have the ability in this institu- who cannot wait for services because enough resources necessary to train tion to change that so that our chil- their bodies will change, their minds the next generation of pediatric physi- dren don’t go to bed hungry at night. will be stunted. They will lose out if we cians, people who are there on the That is not who we are. That’s not withhold support for them. And I speak front line with families to pull them where our values are. It is that moral from my many years of being a nurse, through what they face in life. responsibility. And if we move forward as you described, and being a nurse in I met the real-life impact of this pro- with what they’re talking about in our public sector, in our public schools gram when a remarkable young man these deep cuts, this sequestration, all and a public health nurse. And I’ve came to Capitol Hill from California it is is letting people know about the seen firsthand what happens when we last year, Max Page. Now, you may not deep cuts, and there will be even more cut services to our children. We need to remember his name, but you probably cuts to food programs, nutrition pro- be investing in our children because remember if you watched the Super grams, which will rob people of their they are our economic engine for to- Bowl in 2011 little Darth Vader in the lives and their ability to succeed. And morrow and we cannot afford to leave ad, the popular Volkswagen Super it’s particularly important for our chil- one of them behind. Bowl commercial. He’s a real young dren, our babies, our toddlers. We, therefore, can’t afford to slash child. He’s only 7 years old. And I came Let’s have the courage not to make the very programs that will give them to meet him here on Capitol Hill last this happen and to pull back from the kind of healthy start in life. You year. He was born with a congenital these unconscionable cuts to our food invest a dollar up front in a child and heart defect—not uncommon. But it and nutrition programs. you recoup that dollar so many times has required numerous surgeries during Thank you for doing this. God bless over their lifetime and you prevent a the 7 years of his short life. you. lot of other kinds of dollars from being Ms. SCHAKOWSKY. Thank you for b 1520 spent in ways that we don’t want to. He is being treated at Children’s Hos- your passion, which is obvious every But sequestration would be devastating day, for making sure that we make the pital in Los Angeles, which my col- for our children. leagues from California know very well smart investments in our children and I focused on my State of California in as an outstanding medical facility in women and in health care in this terms of looking at what this would be country. Thank you, ROSA DELAURO. serving a wide region in the Southwest. like. These cuts, should sequestration Last year, when Max came to Wash- And now it is my pleasure to bring up come to pass, would be so devastating one of the handful of trained nurses ington with his parents and little to the health and well-being of hun- that are in this House of Representa- brother, he came to tell Members of dreds and thousands of women and tives. LOIS CAPPS from California has Congress his own story and how impor- children in the State I come from. For been a leader on health care and all tant it is that we continue to invest in example, in the program that we’ve all those programs that are really going to preparing new doctors to care for our been talking about because it’s so cen- help our families to live the kinds of children. I know it’s every parent’s tral to what families need—food secu- lives that all of us want to live in the worst fear what will happen if their rity—the Women, Infants and Chil- United States. So thank you for join- child becomes sick, not just a runny dren’s program that helps those who ing us, LOIS CAPPS of California. nose or a sore throat, but seriously ill Mrs. CAPPS. I rise to voice my very don’t have enough for their children to with perhaps a life-threatening or a strong support of our Nation’s mater- give them that healthy start, over chronic condition that needs lifelong nal and child health programs. And I 120,000 women and children would be treating. We owe it to every parent in want to thank my colleague from Illi- cut from this essential program just in America to do what we can to make nois, JAN SCHAKOWSKY, for getting the California if sequestration came to be. sure that every child has access to the idea that we come together around this And this provides nutrition assistance, best health care available if they need topic today because of the implications vital links to a healthy, thriving brain it. We don’t want them to be concerned that it has for the beautiful young and body for families that might not that there is not going to be that woman and her child that you’re pic- have access to healthy food. trained pediatrician, that hospital to turing next to you that is a reminder For Maternal and Child Health Serv- send their sick child to should that to all of us that these are not numbers ices Block Grants, nearly 400,000 fewer happen, and it’s because we couldn’t when we’re talking about sequestra- women and children would be served by get our act together and avoid the se- tion. They really have impacts in peo- these block grants that go to the State questration. ple’s very lives. to provide the essential services in the So I’m so pleased that you took the So it’s an honor for me to follow our local communities. And so the ripple time to organize this hour of sharing colleague, ROSA DELAURO from Con- effect down our State and throughout with the American people the impact necticut, and also to have as part of our communities would be so tremen- of sequestration, that it would have your discussion GWEN MOORE, a very el- dous because these services provide a such a profound effect on our lives oquent spokesperson from Milwaukee, wide range of health care and they when we think about ensuring that Wisconsin. So, really, this is very di- allow the expansion of certain quality every child in America gets a healthy verse in terms of regions of the country health care programs for children, for start to life. We take it for granted that are going to be impacted should example, with disabilities. that every small child needs and de- we ever cross this threshold. But most In California, we would be facing, serves this right in this country that of the public discussion we’ve had so should sequestration happen, 2,000 we are proud to live in, the United far on this fiscal cliff, however it’s de- fewer women having access to breast States of America. scribed, that we face, the discussion and cervical screenings, the preventive So we need to come together now on has been about taxes, about who’s services that keep cancer full-blown behalf of our Nation’s children and going to pay what in taxes. from occurring in these women’s lives, their mothers and their families to But what has been so underreported so costly to them personally, to their stop these sequestration cuts, to en- and overlooked, which is why I’m so families, but also taxpayers, and nearly sure that we have a balanced approach grateful to you for calling this out a million dollars—and this is what I to reducing our debt, and to continue today for us, is the impacts that se- want to close by focusing on, because to support our communities and the questration cuts would have on our we don’t stop and think when we cut a frontline services that they provide to economy, but especially on that vital million dollars from the Children’s our families, because our smallest, our element of our economy which is our Hospitals Graduate Medical Education most vulnerable and their families, most vulnerable in our society—our Program, in sequestration a million they’re depending on us now in this children. dollars would be cut just for these hour. They’re our future. They are not just training programs in California. That So again, I thank you for bringing us statistics. They are real little people program makes sure that we have together, my colleague from Illinois,

VerDate Sep 11 2014 13:29 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00021 Fmt 0688 Sfmt 0634 E:\BR12\H28NO2.000 H28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15596 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 11 November 28, 2012 and for focusing us on the real-life im- cost are we going to do it to certain My faith in the democratic process is pact of what we’re facing here with the people? Who is actually going to pay? I unwavering, and I truly believe that cliff. think we all have an interest in mak- America’s brightest days are ahead. Ms. SCHAKOWSKY. Let me also just ing sure that we keep our children, our Serving the people of North Dakota in underscore the point you made about mothers, and our families healthy, well Congress was an adventure and an ex- training pediatricians and pediatric fed, and make sure that we raise pro- perience of a lifetime. It’s something specialists. That would affect, across ductive children in this country. that I will always look back at with the board, everyone who seeks—this is I yield back the balance of my time. pride and appreciation. Personally, I’m not just for vulnerable communities or f not sure what lies ahead, but I’ll say individuals, but all of us with small HONORING MEMBERS OF this: it will be great spending a lot children want to make sure that the CONGRESS more time in the great State of North doctors are there when our kids may Dakota. Thank you, and may God need them. So this is very important. The SPEAKER pro tempore (Mr. bless. I’m glad you brought them up. Thank PLATTS). Under the Speaker’s an- Mr. CALVERT. I thank you for your you. nounced policy of January 5, 2011, the service. Mrs. CAPPS. Thank you for this op- gentleman from California (Mr. CAL- Mr. Speaker, we have a number of portunity. VERT) is recognized for 60 minutes as people coming shortly, but first I’d like Ms. SCHAKOWSKY. I want to just the designee of the majority leader. to say some words about the dean of Mr. CALVERT. Mr. Speaker, today mention another cost-effective reason our California delegation, JERRY we honor seven Members of Congress that we should avoid cuts. For exam- LEWIS. from California who have honorably ple, we have immunization programs JERRY was first elected in 1978 to the served in the United States House of that decrease our future health care United States House of Representa- Representatives. The combined experi- costs, and let me just give you the ac- tives. We’re losing a great man with tual dollar numbers. ence, knowledge, and expertise of my departing colleagues will be sorely the retirement of a good friend to all of Every dollar we spend on the child- us, and certainly a mentor to me, hood vaccine series through this pro- missed. I have been joined by some of my JERRY LEWIS. gram saves our health care system California Members who will be coming 1530 $16.50 in future medical costs. By any- b in and out; they may wish to speak and body’s estimation, that’s a really good From his early days in Congress, we will be happy to yield to them. But return on investment, $16.50 back for JERRY LEWIS has worked tirelessly for first we have a good friend from North every dollar that we spend on child- the good of the Nation and for the well- Dakota who is also departing, U.S. hood vaccines. being of his constituents. Whether it Representative RICK BERG, and I will Another aspect of sequestration cuts was securing water supplies for south- yield to him. ern California, rebuilding our defense that would really hurt everyone are Mr. BERG. I want to thank the gen- programs, supporting the nascent un- the cuts for research into the health tleman from California. challenges facing our country. The pro- It’s been a distinct honor for me to manned aerial vehicle, eliminating posed cuts to the National Institutes of represent the people of North Dakota wasteful spending, or improving the Health of almost $2.5 billion will cause in this Congress, the 112th Congress. quality of life for thousands of Inland irreparable harm to our research infra- I ran for Congress because I believed Empire residents, JERRY LEWIS has structure and our ability to treat and that we needed to continue to have an been the definition of a leader and a pa- cure diseases. Eliminating funding for economic environment, an economic triot. almost 2,400 research projects will de- climate that has stability and encour- His great depth of knowledge will be crease our ability to identify new ages growth and encourages jobs. And sorely missed by the entire House and methods to prevent and combat health I’m sure we can all agree that there is especially the House Appropriations challenges such as cancer and diabetes, more work that needs to be done. But Committee, where he served as the impede our ability to remain the world I’m hopeful in the days, the weeks, the chairman and ranking member. I know leader in biomedical research, elimi- months, and the year ahead that we all of us are grateful for JERRY’s years nate jobs in local communities can finally come together, not as of service to our country, and we’ll throughout this country, and hinder Democrats and not as Republicans, but miss his vision, his leadership, his our ability to train and develop the fu- as Americans who are concerned about sense of humor, and certainly his intel- ture leaders of our biomedical sciences the future and concerned about that lect. workforce. Research into costly dis- next generation. In doing so, I know I congratulate JERRY on his retire- eases affecting mothers and babies will that we will tackle the challenges that ment. And while he will be deeply be especially harmed by these cuts. our country faces. missed in Washington, D.C., he has The National Institute of Child I’m always proud to tell the people I much to look forward to as he enjoys Health and Human Development, which meet that I represent North Dakota. retired life with his wonderful wife, Ar- is responsible for conducting and fund- Down here in Washington, we are the lene, his children, and his grand- ing research into these diseases, has envy of the Nation. We have the lowest children. the lowest percentage of grant applica- unemployment in the country, a budg- Next I would like to take a moment tions funded of all the NIH institutes. et surplus, we are seeing unprecedented to say a few words about the former The $106 million cut to the National In- economic growth, and one of the California attorney general, Congress- stitute of Child Health and Human De- brightest futures ahead. man DAN LUNGREN. Congressman LUN- velopment will likely worsen this trend To the great people of the State of GREN was first elected to Congress in and dampen our hopes of finding inno- North Dakota, I want to express my 1978, where his legal background was vative treatments and cures for condi- deepest gratitude for giving me the op- instrumental in his leadership on judi- tions that are affecting mothers and portunity to be North Dakota’s voice, a ciary, criminal justice, and immigra- babies. These are just some of the ex- voice here in the U.S. House of Rep- tion issues. He was called back to State amples of the devastating effect of se- resentatives for the last 2 years. I service in 1989 and successfully ran for questration cuts to maternal and child would also like to thank my staff for attorney general, where he served from health programs and research. We can’t their hard work. I’ve put them through 1991 to 1999. afford these cuts. some long hours serving the people of As attorney general, Congressman So I just want to end this hour by North Dakota, and I know the people of LUNGREN helped author, and later de- saying that all of us want to make sure North Dakota appreciated the hard fended in court, California’s landmark that we do put our fiscal house in work and the dedication that they Three Strikes and You’re Out law. Dur- order. But the real question is, at what brought forward. ing his tenure and due to his tough on

VerDate Sep 11 2014 13:29 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00022 Fmt 0688 Sfmt 0634 E:\BR12\H28NO2.000 H28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 11 15597 crime policies, crime plunged 30 per- nomic development opportunities. Ac- mitted patriotic colleagues will do ev- cent to historic lows in California. cordingly, he has been a champion of erything in their power to advance the After a few years in the private sec- several pieces of commonsense forest cause of liberty. tor and the aftermath of September 11, health legislation, including the Her- I am greatly encouraged by the dedi- 2001, Congressman LUNGREN decided to ger-Feinstein Quincy Library Group cation and passion of the large class of return to Congress and was reelected in Forest Recovery Act of 1998 and the Se- Republican Members who were swept 2004. Since his return, Congressman cure Rural Schools and Community into office in the historic election of LUNGREN has used his time and talents Self-Determination Act of 2000. 2010. I am also very gratified that as a member of the Judiciary and the Congressman HERGER was instru- northern California will be represented Homeland Security Committees. mental in the reauthorization expan- next year by a Republican freshman Throughout his career, Congressman sion of the 1996 welfare reform law. The who knows what it is like to drive a LUNGREN has been supported by his reauthorization measure enacted in tractor and get mud on his boots. I wonderful wife, Bobbi, and their fam- 2006 strengthened the 1996 law to help have confidence in this new generation ily. even more parents on welfare go to of leaders. Thank you, Congressman LUNGREN. work and further strengthened their I cannot leave this Congress without Your contributions to both California families. saying a few words about the wonderful and our country will be long remem- In the 112th Congress, Congressman people of northern California. In my bered. And I know you’re very proud of HERGER was selected chairman of the rural district, you will find farmers your alma mater, Notre Dame, as they House Ways and Means Subcommittee with rough hands and sunburned faces. head toward another national cham- on Health and was a leader in fighting You will find tough timber fallers and pionship. the government takeover of health mill workers. The people of rural Now I would like to return to Cali- care. northern California have that old-fash- fornia again with DAVID DREIER, who is In addition to many accomplish- ioned and refreshing patriotism that the current chairman of our California ments in Congress, Congressman HER- leads them to post this kind of sign at Republican delegation. DAVID was GER and his wife, Pamela, are proud the county line: ‘‘Where we honor vet- elected as part of the Reagan revolu- parents and grandparents of 9 children erans.’’ tion in 1980. He has remained true to and 12 grandchildren. Congressman In my two decades of service, the the principles of free markets, free HERGER’s spirit, tenacity, intelligence, thing that has always struck me the trade, limited government, strong na- and leadership have been the hallmark most about my constituents is that tional defense, and personal freedom of a distinguished career, and we cer- what they really want most from the during his 31 years of service. tainly salute him as he retires. Federal Government is simply to be Congressman DREIER holds the dis- And I’m now happy to yield to Mr. left alone. They do not want a new pro- tinction of being the youngest chair- HERGER. gram. They want to run their small man of the House Rules Committee and Mr. HERGER. I thank my good friend businesses, their farms, and their mills the first from California. As chairman from California (Mr. CALVERT) for without being wrapped up in 15 yards of of the Rules Committee, Congressman those kind remarks and your great red tape. They want to compete. They DREIER has been instrumental in re- friendship over the years and great want to prosper. storing regular order to the House, en- leadership that you have offered. They understand the premise of this suring Members’ voices are heard on I was deeply honored and humbled country: personal liberty; the freedom legislation, and supporting the ideals when the good people of northern Cali- to pursue a dream; the concept of risk of civil debate in the House. fornia elected me 26 years ago to be and reward. That’s not too much to Congressman DREIER has also been a their Representative. I came to Wash- ask. For their sake and for the sake of leader in reforming Congress to in- ington as President Ronald Reagan, all Americans, I ask my colleagues to crease transparency, demand account- one of my personal heroes, was wrap- get back to the roots of our Nation, to ability, and ensure dignity of the ping up the final years of his second freshly embrace our heritage, to trust United States House of Representa- term. That was more than a quarter the ingenuity of the American people tives. century ago, and yet the years have to thrive and prosper if we will simply In 2001, Mr. DREIER was unanimously moved by at a breathtaking pace. get out of their way. selected by his California colleagues to Time does not permit me to even I have deeply appreciated the oppor- chair the State’s Republican congres- begin to recount the memories. There tunity to serve with you, and I extend sional delegation, where he leads Cali- have been incredible highs and incred- my deepest thanks to the constituents fornia’s House Republicans on critical ible lows, but I always treasure the of northern California for allowing me statewide issues. Congressman time I was allowed to serve in this the extraordinary privilege of fighting DREIER’s leadership, especially as amazing institution that was forged by for them in the United States House of chairman of the House Rules Com- the wisdom of our Founding Fathers. Representatives. mittee, will be sorely missed. I have mixed feelings today. I will Next is someone I have also worked deeply miss the company of dedicated b 1540 with for many years. We had worked colleagues who have become my good Mr. CALVERT. I thank the gen- together to address California water friends. I value and treasure the mem- tleman. I want you to know how much supply issues and reform the Endan- bers of my staff who have literally be- of a privilege and an honor it has been gered Species Act, Congressman WALLY come a second family, and I know I will for me to serve with you for the last 20 HERGER. feel a sense of loss when we say good- years. I’m grateful. WALLY has been a tremendous asset bye. I know that when I pick up the Mr. HERGER. I thank my good to his constituents and certainly to morning newspaper next January and I friend. this body. During his time in Congress, read about the enormously important Mr. CALVERT. Next, I yield to DAN Congressman HERGER has been a vocal issues that are being put to a vote, a LUNGREN, one of our senior Members, a and active supporter of efforts to en- part of me will wish I could still be former attorney general from the State hance and improve flood control and here to fight the battle. of California. I have to point out he is water storage infrastructure to meet And yet I look forward to the next a great fan and alumnus of Notre the public health and safety needs of phase of my life. I want to see more of Dame. growing communities in northern Cali- those 12 grandchildren. I get to have Mr. DANIEL E. LUNGREN of Cali- fornia. He’s also been a strong sup- more time with my dear wife, Pam, the fornia. I thank my friend for yielding, porter of improved forest management most supportive spouse any man could and I must say that I very much appre- to protect communities from cata- hope and pray for. And I know that ciate the time that he has taken to rec- strophic wildfire and provide local eco- when I step down, a host of deeply com- ognize those of us who are leaving this

VerDate Sep 11 2014 13:29 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00023 Fmt 0688 Sfmt 0634 E:\BR12\H28NO2.000 H28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15598 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 11 November 28, 2012 institution who hail from the State of but in an office building downtown, one be the symbol of freedom that it has California. of those which was evacuated. We stood been, that you will have achieved Twenty-four years ago, in 1988, I on the street corner for hours until we something. stood on this floor during this month were allowed back in the building. One of the things I attempted to do, to say good-bye to the House for the I recall that while it was a terrifying and was successful in, was making sure first time. I was privileged to be elect- moment, it was a unifying moment be- that the national motto ‘‘In God We ed in 1978, just before Ronald Reagan cause people that you didn’t know, Trust’’ is not only here over the ros- came to Washington, D.C. I was proud black, white, Hispanic, and Asian, were trum, but as people come to the new to be one of the first seven Members of all coming up to one another and ask- entry way to the Congress of the Congress to endorse him for President ing who was attacking us. It was a United States, the CVC, the Capitol in 1979 and to travel with him at that threat, but it was also unifying in that Visitors Center, the first thing they see time. I recall that whenever he was we felt they were attacking us. It are the words ‘‘In God We Trust’’ illu- campaigning east of the Mississippi, he didn’t matter what our color was. It minated in stone. So in a funny way asked those of us Members of Congress didn’t matter what our religious belief you can say I left my mark on this who supported him to attend his polit- happened to be. It was that we were all place. One would not think it would be ical press conferences with him. What Americans. controversial; but believe it or not, we we would do is basically stand behind I was joining a law firm at the time, were sued for putting that up there. him and use ourselves as a backdrop to and I was going to have an office here But it is there, and it will be there as show that Ronald Reagan had some in Washington, D.C., and I had the cop- long as this institution remains. connection with Washington, D.C. It ies of the Constitution of the United I would just say thank you to those was a proud moment for me. States and the Bill of Rights that had who have elected me. I was privileged It was even a greater experience for been made off the original copies and to serve from southern California and me to serve for 8 years in the Congress given to those of us as Members of Con- northern California. I was privileged to while he was President of the United gress on the bicentennial of the Con- represent the entire State. I was privi- States. He, in fact, showed that you stitution. After I went back to the of- leged to have my children on the floor can change a country and you can fice, I got a hammer and some nails, with me as I was sworn in and have my change a world through the power of and I tacked it up to the wall because grandchildren on the floor with me your ideas. It was wonderful to be a I was trying to make a statement that when I was sworn in in my second tour. foot soldier in the army of Ronald no matter who it was that was attack- Not many men and women get that op- Reagan as we transformed this House, ing this Nation and us, they weren’t portunity. So I thank the people of my as we transformed this Congress, as we going to succeed and they weren’t State. transformed this Nation, and as we al- going to destroy this country and they I thank my colleagues from all over lowed liberty to ring much louder than weren’t going to destroy this constitu- the country, but particularly those it had before. tional democracy. I vowed at that time from California. We are a band of One of my proudest moments in the if I had the opportunity, I would seek brothers and sisters. We’ve worked to- House of Representatives is being a public office again to see if I could add gether over the years. We have worked, member of the House Administration something to the fight against ter- I think, with integrity, with honesty, Committee that accepted the statue of rorism. and hopefully with a modicum of hu- Ronald Reagan from the State of Cali- So I’ve been privileged to be a mem- mility, understanding how important fornia to be one of the two official stat- ber of the Homeland Security Com- this place is and understanding that as ues here in the House Chamber. I was mittee for 8 years, and I’ve been privi- long as you consider what you do im- privileged to write the legislation leged to be a member of the Judiciary portant and yourself not so important, which officially accepted it. If you look Committee where we’ve worked on you will succeed. at that legislation, it permanently FISA, the Foreign Intelligence Surveil- So I thank my friend from California, places the Ronald Reagan statue in the lance Act, and we worked on other acts and I thank my colleagues from Cali- rotunda of the United States. So it will that were extremely important like the fornia for this opportunity to at least take a positive vote of the Congress to PATRIOT Act, where on the one hand say another good-bye. ever remove it. That is probably appro- we ensured that the civil liberties of b 1550 priate. this country would not be trampled When people look at that statue of upon, but we also ensured that this Na- Mr. CALVERT. I thank the gen- Ronald Reagan, they should see the tion would not be destroyed by those tleman. I certainly wish you well, and crack along the base, and those cracks who wish us ill and wish to destroy us. I know Notre Dame will do very well in are there because that is a piece of the I’ve been privileged to serve as chair- the coming days and weeks. Berlin Wall with Ronald Reagan stand- man of the House Administration Com- Mr. DANIEL E. LUNGREN of Cali- ing above it. Our belief at the time was mittee and served before that as the fornia. Will the gentleman yield for that this would allow for generations ranking member in attempting to try just one moment? in the future, children in the future, and make this House function better Mr. CALVERT. I yield to the gen- when they’re accompanied by their and attempting to help Members be- tleman. parents, to ask their parents why they come better Members in servicing their Mr. DANIEL E. LUNGREN of Cali- would put a statue here honoring a constituents, and to try and provide a fornia. It was 24 years ago that I left President that’s cracked at its base, modicum of security for this House to this House, I went to the LA Coliseum, and it will allow those parents and oth- ensure that this institution is not at- I saw Notre Dame beat SC, and then I ers to explain to those children the tacked physically or through the went on to see them win the national story of the defeat of communism and cyberworld, or in other ways. championship. Last Saturday, I went the victory of freedom. I have to say when you are lucky to the LA Coliseum, and I saw Notre For 10 years, I was able to work here enough to be one of the less than 11,000 Dame beat SC. In 6 weeks, I’m going to in the House. I went home 2 years later people in the history of this Nation to go to the national championship game and ran for attorney general. I was be a Member of this House, to be a and see Notre Dame win again. I don’t lucky enough to be attorney general of Member of the Congress, you realize know whether I’ll have another 24 California for 8 years. Following an un- how lucky you are, you realize what a years, however. successful attempt to be Governor, I privilege it is, and you realize that this Mr. CALVERT. I thank the gen- thought that I was finished with public institution was here before you were, tleman. service, but I happened to be here in will be here after you leave; and if you We are going to go out of order for a Washington, D.C. on 9/11. I happened to can put a mark on it that helps it minute, and I yield to our good friend be one of those not here in the Capitol, maintain its integrity and allows it to from Illinois (Mr. DOLD).

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For Lake County, it is erally everything that people don’t ors and privileges of my life to be able the gateway to the Great Lakes. I am want to talk about out into the open to represent the people of Illinois’ 10th pleased to say that that cleanup has and on the table in order to try to Congressional District in this esteemed begun and that we are going to delist structure a deal that will, in essence, body. I’ve always remembered who I that. That did happen under our watch, put our economy on a course to fiscal work for and what they wanted to see and it’s something that a number of us solvency. accomplished, and the importance of are very, very proud of. I certainly look forward to con- bringing thoughtful, independent lead- Of vital interest to every person in tinuing these bipartisan efforts. Yet ership to the Congress. the 10th Congressional District is our again, we find ourselves today at the When I first ran, I saw far too many transportation system. In this Con- fiscal cliff. Just today, I had an oppor- people—far too many Americans—who gress, we passed a 2-year transpor- tunity to sit down with Erskine Bowles were struggling and out of work in a tation bill, one which I can say is good and Alan Simpson and other members tough economy. As a small business and fair for our district. I fought hard of the ‘‘brave 38’’ who voted for the owner, I certainly understand firsthand and, yes, even broke with the party only bipartisan budget to come to the the pressures that small business own- when I felt that the legislation that floor in, I guess, a generation. I hope ers and family businesses are facing all was drafted would jeopardize our prior- that we can come together and talk across the country. I felt that the Fed- ities and the people in the district. about something bigger—bigger solu- eral Government was making it harder Fortunately, these concerns were rem- tions, not deals. We want solutions to and harder for me to put the key in the edied in the final legislation, and I am the problems we face because that’s door and open up my business each and proud that we were able to come to- what the American public, I believe, every day. Frankly, they should be gether in a bipartisan fashion to pass a needs. doing quite the opposite. We here transportation bill. Governing in a democracy is not should be trying to make it easier for I also want to highlight the STOCK easy. It requires compromise, and it re- businesses to open up their doors, easi- Act, which included some legislation quires working together. Yet, as I’ve er for them to hire that next indi- that I had fought for—my ‘‘no pensions often said, putting people before poli- vidual. for felons’’ language. This provision tics and progress before partisanship is I’ve talked at length in this Chamber strengthened existing Federal law to the only way that we can truly move about my Main Street Jobs Agenda. ensure that taxpayers are not funding this country forward and to have a bet- With its focus on pro-growth tax re- congressional pensions for lawmakers ter future. form, increasing exports and manufac- convicted of public corruption crimes. Mr. CALVERT. I thank the gen- turing, access to capital for small busi- As residents of Illinois are all too fa- tleman for his service. nesses, making investments in infra- miliar with our recent Governor, Rod Next, I would like to recognize our structure, utilizing domestic energy re- Blagojevich, this provision has special dean, the dean of the California Repub- sources, the importance of STEM edu- meaning, unfortunately, to the con- lican delegation, Congressman JERRY cation, and implementing smarter reg- stituents of Illinois. Yet the interests LEWIS. ulations as opposed to simply more of of the people of the 10th District and, I Mr. LEWIS of California. Thank you them, I do believe that this is the best would argue, of our country obviously very much, my colleague KEN CALVERT, recipe for moving our country forward carry beyond our own borders. for holding this hour for members of and for getting our economy back on I was proud to lead an early effort in the California delegation and for track. Now, there is certainly much showing a commitment of the House friends beyond that. Your kind re- more work to be done in the future, but freshmen to make sure that foreign aid marks earlier about my work here is I do want to recognize two important in this early budgetary crisis would not much more than I would like to take steps that we have taken in the 112th be jeopardized for our one true ally in the time to talk about, but I do very Congress. the Middle East, the State of Israel. much appreciate your mentioning my This Chamber has advanced—and I This included showing some support for bride, Arlene, in all of this because, as have been proud to support—a frame- what has now become widely known as you know, she is my partner in all of work for tax reform that is focused on the Iron Dome rocket defense system, my work. economic growth and on providing but our focus in the Middle East cer- In thinking about any remarks that much-needed tax relief to American tainly has not stopped there. might have been made regarding my families. The realization of this tax re- We have gone to great lengths in this years of service here, one of the first form will be essential in helping our Congress to zero in on what I believe is things that comes to mind was early on economy reach its full potential in the the greatest threat we have to our own in my career when I experienced a future. national security, and that is a nuclear major flood in California, the 1938 I am also proud of the work that we armed Iran. I’ve been pleased to team flood. I’ll never forget dropping a ping- have been able to do to promote domes- with Representative TED DEUTCH and pong ball out my back window. It fell a tic manufacturing, exports, and jobs Senator KIRK on a number of bills to couple of feet and hit the water and created by them. As the second-largest confront this threat. Our actions have floated out through the back fence. manufacturing district in the Nation, ranged from strengthening sanctions During my years of service here we’ve we know how important it is to have on Iran’s energy sector to promoting had a chance to address questions like trade agreements, which we passed human rights and democracy inside that. The Seven Oaks Dam—a huge fa- with Colombia, Panama and South Iran and much more. In fact, one of our cility in southern California sponsored Korea, and we are already seeing the most important accomplishments in by the Corps of Engineers—made it positive impact that these agreements this Congress will have been a strong possible to assure that such a flood will are having today on jobs back home. sanctions package, which passed both never occur again in the region known I would also like to take this time to Houses this summer and which in- as the Inland Empire. highlight a number of more locally fo- cluded these provisions that we au- It has been a great privilege of mine, cused achievements, specifically note- thored. most of all, to recall the fact that the worthy for the people of Illinois’ 10th Finally, I would like to highlight the vast percentage of issues that we deal Congressional District. ongoing work to pass a bipartisan with here in the House have almost

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nothing to do with partisan politics. WALLY HERGER, who was here earlier, DAN LUNGREN, DAVE DREIER, JERRY It’s very, very important that we be a man who fought so long and hard for LEWIS, BRIAN BILBRAY, MARY BONO willing to recognize that, in working the timber industry and the economic MACK, and ELTON GALLEGLY, it has together, we can make a difference on well-being of Northern California; been my honor and the joy of my life to behalf of the American people. DAN LUNGREN, who is a highly prin- have worked alongside wonderful peo- At home, issues like the Proton cipled person who we all look to, a man ple like this trying to make our coun- Therapy Center at Loma Linda Univer- with strong religious and principled po- try and our world a better place. sity, which provides for a noninvasive sitions, you can’t help but admire him, Mr. CALVERT. I thank you, Mr. cancer treatment that has a dramatic and a man who was the attorney gen- ROHRABACHER, and I look forward to impact upon issues like small tumors eral of the State of California as well serving with you for a long time in the in the human brain, like prostate can- as then running for Congress twice. I future. God bless. cer, even breast cancer—a noninvasive might add that I took DAN LUNGREN’s ELTON GALLEGLY was brought up, and treatment as a result of nonpartisan, seat when he decided not to run for I’d like to say something about ELTON. bipartisanship support for the kind of Congress and run for higher office in ELTON and I are close friends. We’ve medical research that is a part of the the State of California; spent a lot of time together in the National Institutes of Health. DAVE DREIER, who is one of the best automobile going back and forth to the Over the years, probably the greatest liked people here in the United States airport. I don’t know what I’m going to privilege I’ve had is to serve for a short Congress—besides JERRY LEWIS. I will do now that ELTON is retiring. ELTON is time as the chairman of the full Appro- have to say, DAVE DREIER is one of the a person who is universally admired for priations Committee, the committee nicest guys. And he has had such au- his fighting spirit and tenacity. He is where I’ve spent my life. During that thority in his hands, and it is very hard someone who will fight to the end for time, issues like the unmanned aerial to be as nice as DAVE DREIER is and to the things that he believes in. I’ve had vehicle, which has been a part of our hold the authority he has as chairman the honor of working with Congress- work, have, indeed, made a difference of the Rules Committee; man GALLEGLY on a number of issues, for those of us who care about making BRIAN BILBRAY, he is leaving us as including E-Verify, invasive species certain that in the future America con- well. BRIAN, from San Diego, I have had issues, and regional water projects. tinues to be the force for peace in the a lot of problems with BRIAN because Congressman GALLEGLY holds the dis- world. before he was elected, I was the best tinction as the only Member of Con- surfer in the United States Congress. gress, by the way—and this is an im- b 1600 Of course, there were no other surfers portant thing if you’re a Member—who But most importantly, Congressman at that time, so that accolade really can get from the Capitol to Dulles Air- CALVERT, I want you to know that as wasn’t as important. But then BRIAN port in 30 minutes or less. I think he the new chairman of the California Re- comes along and spoils that little brag- holds the record. publican delegation, I’m proud of the gadocio that I was able to do. BRIAN From the start, Congressman GALLE- fact that you are my colleague and has been so active on science issues. I GLY has been a leader on immigration friend. In the years ahead, we will con- have worked closely with him on small issues, most recently as the chairman tinue to work together on behalf of the modular reactors and on water quality of the Judiciary Committee Sub- people of our region. for our coastline; committee on Immigration Policy and Mr. CALVERT. I certainly thank the MARY BONO MACK is perhaps one of Enforcement. He understands the nu- gentleman. Not only has he been a the most lovely Members of Congress ances of our legal immigration system great colleague of all of us in Cali- that I can imagine. She has been hard- and the vital importance of secure bor- fornia, but a great friend to every one working. She came here with her hus- ders, especially as it relates to his role of us. I’d say we’ll miss you, but I know band. Her husband, as we know, had an as vice chairman of the Foreign Affairs we will be seeing you around both in accident. She was elected in his seat Committee. Congressman GALLEGLY California and here in Washington, and has done a terrific job ever since brought a unique perspective to the D.C. she took office in this very tragic way, Foreign Affairs Committee, having Next, I would like to introduce the but she made the most of it. She has served 8 years on the Permanent Select new dean of the California delegation, done wonderful things for the Inland Committee on Intelligence and its Ter- the incoming dean next year, DANA Empire in California; rorism, Human Intelligence, Analysis ROHRABACHER from Orange County, And finally, ELTON GALLEGLY, who and Counterintelligence Sub- California. represents the area of southern Cali- committee. Mr. ROHRABACHER. I would say fornia up in the area where you have In the aftermath of September 11, that I have big shoes to fill, but I don’t the Reagan Library, which is located in Congressman GALLEGLY chaired the think I will ever be able to fill Con- his district. ELTON GALLEGLY was a Subcommittee on International Ter- gressman LEWIS’ shoes. He has a list of mayor before he came to the House of rorism, Nonproliferation and Human accomplishments that I just don’t Representatives. He represents more Rights and held one of the first hear- know anybody else in this body who than just about anybody else here of ings on the 9/11 Commission’s rec- has more to be proud of and more over that promotion, that natural evolution ommendations, a hearing that led to the years who’s meant as much to me of someone who has been active in more than 10 provisions that were in- as JERRY LEWIS. their community, was elected to local cluded in the final bill. When he talked about the dam, I hap- office, and then came to serve his time Congressman GALLEGLY’s long and pen to represent an area in California, in Washington to put those skills to distinguished career has been sup- Orange County, California, in which use for his country. ported by the love and support of his that man, because of what he did, with So all of these people have made huge wife, Janice, and their four children Mr. CALVERT at his side, has built the contributions. It’s been my honor. and ten grandchildren. Congressman Santa Ana River project that protects Before I came to work here, for 7 GALLEGLY’s dedication to our national tens of thousands of homes from flood years I worked in the Reagan White security, strong borders, and legal im- damage, and it was due to their hard House. I worked for President Ronald migration has contributed immensely work. I was supporting them, but they Reagan. I thought that was going to be to the betterment of our Nation, and were providing the leadership that got the greatest honor of my life, and it we certainly thank him for all the that through the Congress. was. But I can tell you, right up there years of his service. So today we are saluting JERRY alongside that, it’s been an honor Next I want to talk about my friend, LEWIS, but also saluting the other working with these people I have just BRIAN BILBRAY. Working alongside Members who are not going to be with described, and Mr. CALVERT as well. Congressman GALLEGLY on immigra- us next year: But my colleagues like WALLY HERGER, tion issues is Congressman BILBRAY,

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the chairman of the House Immigra- helps to protect Americans’ personal MCKEON and Ranking Member ADAM tion Reform Caucus. Anyone who information on the Internet. SMITH for putting this provision in the knows Congressman BILBRAY knows his Congresswoman BONO MACK is mar- defense authorization bill that is now commitment and dedication to his con- ried to fellow Congressman CONNIE pending. This bill will be considered, I stituents. He is always on the go, never MACK, has two children, three step- suppose, in conference by the House misses an opportunity to meet and dis- children, and is now a new grand- and the Senate. It is in the House bill. cuss issues important to those he rep- mother. All of us will certainly deeply We regret that it is not in the Senate resents. miss Congresswoman MARY BONO bill, and so the Delegates and I have Congressman BILBRAY is a member of MACK’s humor, intellect, compassion, come to the floor to ask that the Sen- the House Energy and Commerce Com- and expertise; and I know we’ll see her ate follow the lead of the House on this mittee, with subcommittee appoint- in town. matter of common courtesy and re- ments to the Oversight and Investiga- On a personal note, I remember spect. tions, Communications, Technology shortly after Sonny was killed a num- Delegate SABLAN’s provision in the and the Internet, and Energy and Envi- ber of years ago visiting her along with House-passed bill simply requires that ronment. He is chairman of the House Congressman JERRY LEWIS. It was a the flags of the Territories and of the Immigration Reform Caucus, where he very difficult time, but she stood in the District of Columbia be respected when works with Members on both sides of breach and came in, as DANA men- the armed services choose to honor the the aisle to enact meaningful immigra- tioned, under very tragic cir- flags of the 50 States. I have, in addi- tion reform. cumstances but represented her be- tion, written a letter to the President In this Congress, Congressman loved Coachella Valley in a wonderful asking for a Presidential memorandum BILBRAY was a leader on policy initia- way and has been a fantastic member directing all Federal agencies includ- tives that would incentivize companies of the California delegation. Again, we ing the Armed Services to do the same. to return their businesses to the will sorely miss her service. I regret to report that the Army alone Mr. Speaker, in closing, I would like United States, as well as encourage the recognizes the D.C. flag and the flags of to mention that among the seven de- private sector to hire veterans. I per- the Territories as a matter of policy. I parting Members, the House is losing sonally worked with him on a number want to give one example that I think 163 years of experience. The careers of of issues, including making E-Verify will make the House understand why my colleagues have had a positive im- mandatory. this is so important to us. A mother pact on hundreds of thousands of con- Throughout his career, Congressman wrote me of having attended the grad- stituents, Californians and Americans. BILBRAY has been supported by his Due to schedule changes, not every- uation of her son from the Naval Sta- wonderful wife, Karen, their five chil- one could be here, but I’m sure as we tion Great Lakes. She had wanted this dren and seven grandchildren. It’s been go through the remainder of this ses- boy to go to college. He had gotten ad- an honor to serve with Congressman sion, they will find an opportunity to mitted to college. He wanted to go to BILBRAY, and I would like to extend my say their farewells to the House. the Navy and so they said, to the Navy gratitude to his many years of dedi- With that, I thank you, and I yield you will go. As graduation day came at cated service. We’re great friends and back the balance of my time. the Naval Station Great Lakes and will continue to be so. they called the names of the graduates f b 1610 one by one and they got to one name, DELEGATES’ PLEA FOR JUSTICE Jonathan Rucker, and they called his Our final departing Member is some- The SPEAKER pro tempore (Mr. name, the flag of every other graduate one, as all of these Members, someone WOODALL). Under the Speaker’s an- had been raised when the name of the I have known very closely and consider nounced policy of January 5, 2011, the graduate was called, but this young a very close personal friend and whose Chair recognizes the gentlewoman from man, graduating from boot camp in- leadership will be sorely missed, Con- the District of Columbia (Ms. NORTON) duction into the Navy, had his name gresswoman MARY BONO MACK, Califor- for 30 minutes. called but his flag was not raised, the nia’s only Republican woman in the Ms. NORTON. Thank you, Mr. Speak- flag of the District of Columbia. United States House of Representa- er. His parents were heartbroken, as you tives. She’s been a trailblazer in the I come to the floor with other Dele- might imagine, and as the mother House. gates to make a plea for respect that wrote me. It was from that example Congresswoman BONO MACK’s selec- we are pleased to say that the House that I understood how very important tion as subcommittee chairman of has already honored. Mr. Speaker, this this was and understood how important Commerce, Manufacturing, and Trade House has seen many disagreements on my fellow Delegate’s bill, now adopted for the 112th Congress was historic, many issues, and that’s what the by the House, is. It was personal dis- making her the first Republican American people expect. We believe respect for the young man as he be- woman in American history to hold a and the House has shown that it be- came a member of the United States gavel on the Energy and Commerce lieves that some matters, however, are Navy. It was disrespect for the District Committee, one of the oldest standing beyond dispute. There are some mat- of Columbia flag. It was disrespect for committees in the United States House ters where unity is to be expected. the residents of this city who have of Representatives. As chairman, Con- These matters go to basic respect for served and died in every war that our gresswoman BONO MACK has become a our members of the armed services. country has ever fought, including the national leader on privacy issues, an The House, to its great credit, has al- war that created the United States of expert on technology matters, and a ready demonstrated that respect, and I America. global champion of Internet freedom. want first to thank the Delegate whose To let you know how much this In addition to her impressive chair- provision, whose amendment, was means to those of us who have no vote manship, Congresswoman BONO MACK chiefly responsible, Delegate GREGORIO but whose constituents pay taxes the passed landmark legislation that called SABLAN from the Mariana Islands, same as the rest who are Members of for country-of-origin labeling for fresh whose amendment has, I believe, twice this House and go to war, you now see fruits and vegetables, in addition to been put in the House defense author- the huge disproportion, at least in my several innovative energy-saving bills, ization bill that requires that when the own district. You will find this dis- rewarding companies for utilizing flags of the 50 States are raised or hon- proportion in the districts of the other clean-burning fuel technologies, and ored by our Armed Forces that the Delegates as well. increasing the energy efficiency of Fed- flags of the Territories and of the Dis- World War I, 635 casualties, more eral buildings. The House of Represent- trict of Columbia also are honored. than three States. atives also overwhelmingly passed I want to also thank House Armed World War II, 3,575 casualties, more MARY BONO MACK’s SPY ACT, which Services Committee Chairman BUCK than four States.

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What made them not really a part of the Nation those leagues to follow the example of the stand out and is forever etched in my mind marines will be defending. House and include the language requir- is our CNMI flag being wielded by these Of course, I brought all these cases to ing the Armed Forces to fly the D.C. friends of mine. The pride of seeing our flag the attention of the Pentagon. The flag and the flag of the Territories waving at that concourse was overwhelming Secretary of the Army responded with whenever the flags of the 50 States are and gave me—an NMI native—the sense of an assurance that our flag would be raised. belonging to these United States. As a vet- flown at Army installations whenever Mr. Speaker, we think that is far eran, and more so as a proud NMI Chamolinian, I hope the lack of representa- the flags of the States are on display. from too much to ask in light of the And many of the individual installa- young men and women we represent tion in Fort Drum is corrected. This was not an isolated incident. tions I mentioned took corrective ac- who are in the Armed Forces today and tion when I contacted them. But de- those who have given their lives for the Last year, I visited a soldier who was receiving treatment at Walter Reed spite this response, I continue to re- United States of America. ceive reports of situations where terri- It is my privilege to ask the sponsor National Military Medical Center in Bethesda. A grand display of the flags torial flags are forgotten. of the successful amendment, Delegate The problem is there is no uniform SABLAN from the Northern Mariana Is- of the 50 States lined the lobby of the regulation governing the inclusion of lands, if he would speak at this time. main facility. Unfortunately, the flag the flags of the District of Columbia of that young soldier, who was lying b 1620 and the territories. Though the Army upstairs in a bed, painfully recovering Secretary took action, it is the policy Mr. SABLAN. Thank you very much, from his wounds, was missing from the of the Air Force, Coast Guard, the Ma- Congresswoman NORTON, the distin- grand display downstairs. None of the rines, and the Navy to let local com- guished representative of the District territory flags nor the flag of the Dis- manders have the discretion to display of Columbia. She represents me when- trict of Columbia were present at Wal- State flags with or without the flags of ever I am not at home, and has done an ter Reed. the territories on their installations. I exceptional job. And I thank you for I also received a report of the same have requested that all the services sponsoring today’s Special Order. situation at Fort Jackson in South Mr. Speaker, just imagine returning modify their regulations to include our Carolina. A family there to see their home to the United States after many flags, but no action has been taken. nephew graduate from basic training months of life-threatening combat. And I believe it should not be at the saw the flags of all 50 States and every Imagine the relief you feel to be safe discretion of individual base com- territory on display—all except the and the joyfulness of the welcome you manders to decide to exclude any part flag of the Northern Marianas. expect to receive. Then, imagine as you of the United States—or the fighting Let me read what they said in that enter that welcoming ceremony you men and women from any part of the email: see displayed the flags of every State, United States—from recognition. It is but the flag of your own home is miss- Congressman Kilili, my nephew graduated a point of pride for all of our brave from basic training in Fort Jackson, South ing. This is a sad experience for some Carolina, yesterday. My niece and my sister- members of our armed services from 36,000 servicemen and -women whose in-law were looking for the CNMI flag to the District of Columbia or the North- home is the District of Columbia or one take pictures with the graduate. Seems they ern Mariana Islands or any of the U.S. of the United States territories—Amer- could not find the CNMI flag so they had to territories to see their home flag on ican Samoa, Guam, Puerto Rico, the settle with the Guam flag to have their pic- display. That flag confirms that the United States Virgin Islands, and my ture taken. Please look into this—why the sacrifices and risks these men and own district, the Northern Mariana Is- CNMI flag was not displayed during basic women take are recognized and appre- lands. training graduation. ciated. That flag demonstrates that The flags of our home jurisdictions On another occasion, several of my their territory is a part of this great are often missing from the flag dis- constituents attended a basic combat Nation of ours. plays at military installations during training at Fort Jackson, South Caro- That’s why I included a provision in welcome-back ceremonies, deployment lina. The venue where the ceremony this year’s National Defense Authoriza- ceremonies, and graduations. A con- took place was adorned with flags from tion Act requiring the flag of all the stituent alerted me to this problem all the 50 States and every territory— States and all U.S. territories and the about 2 years ago. This individual had except the Northern Mariana Islands. District of Columbia whenever and noticed the absence of the Northern Those soldiers shared their deep dis- wherever the official flags of all 50 Marianas flag from a display of U.S. appointment with me. They felt that States are flown on U.S. military in- State and territorial flags at Fort their command and their country did stallations. That’s why we’re here this Drum, New York. She reported how not recognize their contributions or afternoon. Speaking on behalf of those troubling it was to her as a member of their home. 36,000 servicemembers from our dis- our armed services from the Northern Another constituent informed me tricts, we are asking the other body, Marianas, returning from combat duty, that the Northern Marianas flag was the Senate, to include the same provi- looking up to see her own flag missing not flying with the State flags at the sion in their bill. This provision en- from the ranks of flags there at Fort Marine Corps Recruit Depot in San sures recognition for all our country’s Drum. Diego, where her husband worked. servicemembers no matter what part of Let me read what she said: Here’s what she wrote: the United States they call home. It’s been 9 months, still no CNMI flag dis- Good morning, sir. I happened to stumble I just celebrated Veterans Day in the played at Fort Drum, New York, military upon an article regarding our flag being Northern Mariana Islands at the Amer- base. No CNMI flag displayed at a field where raised in all U.S. Army installations during ican Memorial Park. There is in this deployment ceremony being held, and no ceremonies. Well, my husband works on the park a court of honor for those soldiers CNMI flag displayed where welcoming cere- Marine Corps Recruit Depot in San Diego, who died there during World War II. mony being held welcoming back our sol- and I am tiring of him complaining about diers from deployment. I wonder what is not seeing our flag during graduations here. And guess what, Mr. Speaker? All the going on to our CNMI elected leaders. There Could you please extend this to other armed flags—the territories and the 50 are Micronesian and Guam flags, no CNMI services as well? Thank you, sir. Respect- States—were displayed there in rec- flag. Very sad. fully, Julie S. Tebuteb. ognition of our great Nation, the

VerDate Sep 11 2014 13:29 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00028 Fmt 0688 Sfmt 0634 E:\BR12\H28NO2.000 H28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 11 15603 United States of America. Not one retary of Defense whether there would serving and ensuring that they receive State was left out. Not one territory ever be discretion left to a commander the recognition they deserve with their was left out. They’re all displayed whether to fly the flags of Virginia or fellow Americans from the 50 States. there. Utah or North Carolina or Florida. The U.S. territories and the District So let us all spare our soldiers, ma- That would be considered an insult to of Columbia have long and distin- rines, sailors, airmen, coast guards- those States; we consider it no less. guished military histories. In our case, men, and our veterans the disappoint- I’m pleased to yield time as well to the Virgin Islanders have fought in ment of not seeing their flags together the delegate from the U.S. Virgin Is- every war and conflict, including the with the flags of the U.S. States when- lands, Congresswoman CHRISTENSEN. American Revolution. Not only did we ever they fly. Mrs. CHRISTENSEN. Thank you, serve, but the then-Danish West Indies I thank you for sharing your time Congresswoman NORTON, for holding played a role in keeping the Revolu- with me. Congresswoman NORTON, this Special Order. And thank you, tionary Army supplied with gun- thank you for your leadership and for Congressman SABLAN, for your stead- powder, and the story is told that our taking a leading position on this issue. fast leadership on this issue of signifi- rum helped to keep Washington’s Ms. NORTON. I thank you, Delegate cant importance to our constituents, troops warm in cold, wintery condi- SABLAN, because you are the leader on but particularly to the military men, tions. this issue with your provision that you women, and families from the District Alexander Hamilton, who grew up on succeeded in getting included in the of Columbia and the U.S. territories. my home island of St. Croix, served in House Defense authorization bill. Last year, Congressman SABLAN suc- the Revolutionary War. At the start of May I inquire of the Speaker how cessfully worked to include his provi- the war, he organized an artillery com- much time we have remaining? sion in the House National Defense Au- pany and was chosen as its captain. He The SPEAKER pro tempore. The gen- thorization Act, and it was opposed by later became senior aide-de-camp and tlewoman has 14 minutes remaining. the Senate due to cost. How much confidant to General George Wash- Ms. NORTON. I thank you very could six extra flags cost? It could not ington. much. even be a fraction of a blip in the de- A Virgin Islander designed one of the I did want to mention that Delegate fense or the military budget. But I’m first offerings for a flag for the 13 Colo- SABLAN indicated he had received these proud to stand here with my other dis- nies, and it’s reported that we were the complaints from his constituents. tinguished and hardworking colleagues first to salute the Stars and the Stripes That’s how we know about this issue. in strong support of our veterans, our in one of our beautiful harbors. The veterans, the members of the active military, National Guard, and As of last year, the U.S. Virgin Is- Armed Forces bring it to our attention. Reservists and to ask for respect for lands had a total of 1,807 men and And he also mentioned that some com- our flags. women armed service personnel serving manders had the discretion as to We are here to call on our colleagues in the Air Force, Army, Coast Guard, whether or not to fly our flags. I note in the other body to follow the example U.S. Marine Corps, and Navy. We have that Under Secretary of Defense Erin of the House and include language re- 734 enlisted men and women and 108 of- Conaton has indeed issued a memo- quiring all branches of the Armed fices proudly serving in our National randum to all parts of the armed serv- Forces to fly the flags of the District of Guard and Air Guard. And sadly, we ices, and her word was that she ‘‘en- Columbia and the five territories of the too lost soldiers; we lost eight in the couraged’’ but left to the ‘‘discre- United States whenever the flags of the Afghan and Iraq wars. tion’’—‘‘encourage’’ is her word, ‘‘dis- 50 States are displayed. Presently, as we’ve heard, the deci- cretion’’ are her words—of commanders All national flags are potent patri- sion on which flags fly and are dis- whether to display the flags of the ter- otic symbols. As proud Americans who played on military installations rests ritories and the District of Columbia have sacrificed for our Nation in every with the individual base commander. when the flags of the 50 States are dis- conflict, it should naturally follow that The display of flags of the territories played. wherever and whenever all flags from and the District on U.S. military in- the 50 States are represented, we also DEFENSE, PENTAGON, stallations, both at home and abroad, Washington, DC, August 28, 2012. see the flags of the District of Colum- varies. The Department of the Army is bia, Guam, American Samoa, the Com- MEMORANDUM FOR SECRETARIES OF THE the only branch of the military that MILITARY DEPARTMENTS monwealth of the Northern Mariana Is- has taken steps to ensure a servicewide Subject: Display of District of Columbia and lands, Puerto Rico, and the U.S. Virgin policy requiring display of all 56 flags. United States Territorial Flags during Islands right alongside—just as our I stand today with my five delegate Official Ceremonies men and women serve bravely along- colleagues to again call on the Senate Our Nation’s Armed Forces are more di- side other Americans on the battle- to adopt the House bill that includes verse than ever, and brave men and women field. language requiring all branches of the from all our states and territories continue As we said earlier, the Senate rea- Armed Forces to fly the flags of the to answer the Nation’s call to duty. On these soned that if flying the D.C. and the District of Columbia, American Samoa, occasions where you intend to display the territories’ flags at each military in- the Commonwealth of the Northern flags of all 50 states, I am urging you also to stallation where there are now State Marianas, Guam, Puerto Rico, and the display the flags of the District of Columbia flags were to be legislatively man- U.S. Virgin Islands whenever the flags and United States (U.S.) territories. I espe- cially encourage this practice as our sol- dated, these bases would need to tap of the 50 States are displayed. We are diers, sailors, airmen, and marines graduate into their budgets to pay for those six tired of being overlooked in programs from entry level training. flags. In my estimation, this is but a and initiatives, but today we draw the This memorandum is not intended to affect miniscule repayment of the debt we line at disrespecting our soldiers and, the authority or discretion of commanders. owe to the men and women of the U.S. by extension, my constituents and Rather, it encourages the appropriate rec- territories and the District of Colum- those of my fellow delegates. We are ognition of residents of the District of Co- bia—who serve in the military in high- part of the United States, and flying lumbia and U.S. territories at official cere- er per capita numbers than many our flag with all of the others is the monies. States—for their service and ultimate least that our military men, women, ERIN C. CONATON. Under Secretary of Defense for price that many have paid to protect and their families deserve. Personnel and Readiness. our country. The following is my statement in its entirety: A major goal of the FY13 National Thank you, Congresswoman NORTON for b 1630 Defense Authorization Act is to rebuild holding this Special Order and Congressman Now, I would ask the Undersecretary our military after a decade of war. Part SABLAN for your steadfast leadership on this of Defense, I would ask the President of of that rebuilding process should be re- issue of significant importance to our constitu- the United States, I would ask the Sec- specting all who have served and are ents, but particularly to the military men,

VerDate Sep 11 2014 13:29 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00029 Fmt 0688 Sfmt 9920 E:\BR12\H28NO2.000 H28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15604 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 11 November 28, 2012 women and families from the District of Co- nized an artillery company and was chosen as is indeed a serious oversight. It is an lumbia and the U.S. territories. This is the sec- its captain. He later became senior aid-de- oversight on the District of Columbia ond consecutive year in which Congressman camp and confidant to General George Wash- and the U.S. territories who are part of SABLAN has successfully worked to include ington. the American family and who have this provision in the House National Defense Beyond his military service, one cannot unique histories with our Nation. Authorization Act. Last year, the measure was overstate his contributions to our Nation as a Mr. Speaker, in our Nation’s history, added to the FY 12 Act but was opposed by Founding Father, economist, political philoso- soldiers have fought valiantly in bat- the Senate because of the ‘‘cost.’’ pher and strategist, one of America’s first con- tle, but at times with little recogni- Cost??? How much could 6 extra flags stitutional lawyers and the first United States tion—from the hundreds of thousands cost? It would not even be a fraction of a blip Secretary of the Treasury. of African Americans who fought for in the defense or military budget. A Virgin Islander designed one of the first our Nation since the time of the Revo- It is a shame that we have to come to the offerings for a flag for the 13 colonies and it lutionary War, to some 200,000-plus sol- floor on this issue, but here we are and I am is reported that we were the first to salute the diers who made up 10 percent of the en- proud to stand with my other distinguished stars and stripes in one of our beautiful har- tire Union Army in the Civil War, to and hard working colleagues in strong support bors. the tens of thousands of Japanese of our veterans, active military, national guard As of last year, the U.S. Virgin Islands had American soldiers who fought along- and reservists and to demand respect for our a total of 1,807 men and women Armed Serv- side their fellow Americans in Europe flags. We are here to call on our colleagues in ice Personnel serving in the Air Force, Army, during World War II. the other body to follow the example of the Coast Guard, U.S. Marine Corps and Navy. Servicemembers and veterans of the House and include language requiring all We have 734 enlisted men and women and District of Columbia and the U.S. terri- branches of the armed forces to fly the flags 108 officers proudly serving in the National tories are marginalized by this over- of the District of Columbia and the five terri- Guard and Air Guard. Sadly, we lost 8 soldiers sight, despite our significant contribu- tories of the United States whenever the flags in the Afghan-Iraq war. tions to our Nation. As a matter of of the 50 States are displayed. Presently, the decision on which flags dis- fact, the U.S. territories were, in large All national flags are potent patriotic sym- play and fly on military installations rests with part, acquired for the very purpose of bols. Like all 50 States, each U.S. territory has the individual base commander. The display of our national defense and important its own flag which we hold in high honor just the flags of the territories and the District on strategic and military interests. as we do the stars and stripes of our Nation. U.S. military installations, both at home and A noted Navy admiral, Alfred Mahan, As proud Americans who have sacrificed for abroad, varies. The Department of the Army is was one of those who advocated the our Nation in every conflict, it should naturally the only branch of the military that has taken theory during the late 19th century follow that wherever and whenever all flags steps to ensure a service-wide policy requiring that a nation who controls the oceans from all 50 States are represented, we also the display of all 56 flags. I stand today with would rule the world. At a time in the see the flags of the District of Columbia, my 5 Delegate colleagues to again call on the world when words like ‘‘colonialism’’ Guam, American Samoa, Commonwealth of Senate to adopt the House bill that includes and ‘‘imperialism’’ and ‘‘manifest des- the Northern Marianas, Puerto Rico and the language requiring all branches of the armed tiny’’ were accepted norms of foreign U.S. Virgin Islands right alongside—just as our forces to fly the flags of the District of Colum- policies of various nations, Admiral men and women serve bravely alongside bia, American Samoa, The Commonwealth of Mahan’s theory was proven correct other Americans on the battlefield. If they are the Northern Marianas, Guam, Puerto Rico when a little island nation known flown at non-military places—and they are— and the U.S. Virgin islands whenever the flags today as the United Kingdom, or Great then surely we should see them at all military of the 50 States are displayed. Britain, or England, established one of installations. We are tired of being overlooked in pro- the most powerful nations ever in the As we said earlier, the Senate reasoned grams and initiatives, but we today draw the world. It was due primarily to the fact that, if flying the DC and the territories’ flags line at disrespecting our soldiers and by exten- that Great Britain had the most power- at each military installation where there are sion my constituents and those of my fellow ful navy in the world. now State flags were to be legislatively man- Delegates. During World War II, the Samoan is- dated, these bases would need to tap into We are a part of the United States and fly- lands were a major staging location for their budgets to pay for those six flags. In my ing our flag with all of the others is the least some 40,000 marines and soldiers before estimation, this is but a minuscule repayment that our military men, women and families de- they were transferred to Guadalcanal, of the debt we owe to the men and women of serve. Tarawa, Iwo Jima, and other destina- the U.S. territories and the District of Columbia Ms. NORTON. I thank the delegate tions in the war against Japan during who serve in the military in higher per capita for those very important remarks and World War II. numbers than many States, for their service certainly join her in those remarks. For years, the U.S. naval officials and the ultimate price many have paid to pro- We have another delegate who has pleaded earnestly for the United States tect our country. come to the floor. I am pleased to in- to show presence in the South Pacific, A major goal of the FY 13 National Defense vite Congressman FALEOMAVAEGA of and the suggestion was the harbor in Authorization Act is to rebuild our military after American Samoa to step forward at Pago Pago on Tutuila island in the Sa- a decade of war. Part of that rebuilding proc- this time. moan islands would be an ideal place to ess should be respecting ALL who have Mr. FALEOMAVAEGA. I thank the build a coaling station and a naval fa- served and are serving and ensuring that they gentlelady from the District of Colum- cility to allow U.S. naval ships and receive the recognition they deserve with their bia for giving me this opportunity to commercial vessels to utilize especially fellow Americans from the 50 States. speak today. during the hurricane season. The U.S. territories and the District of Co- As negotiations begin on the final fis- In 1899, in Washington, D.C.—not lumbia have long and distinguished military cal year 2013 Defense Authorization known to the Samoans—the United histories. bill, I rise today with my fellow dele- States, Great Britain, and Germany In our case, Virgin Islanders have fought in gates to urge the Senate to adopt the held a conference whereby a tripartite every war and conflict including the American House provision in the FY13 National treaty was agreed upon so that Ger- Revolution. Not only did we serve but the then Defense Authorization Act. This provi- many and Great Britain would con- Danish West Indies played a role in keeping sion would require in statute the inte- tinue their colonial policies of figuring the revolutionary army supplied with gun- gration and display of the flags of each out how to control the two largest is- powder and the story is told that our rum of the U.S. territories at U.S. military lands—Savai‘i and Upolu—and the U.S. helped to keep Washington’s troops warm in installations when and where the flags was free to deal with the traditional cold wintery conditions. of the 50 States are flown or displayed. leaders and chiefs of the islands of Alexander Hamilton, who grew up on my Mr. Speaker, the lack of a unified Tutuila, Aunu‘u, and Manu‘a. And by home island of St. Croix, served in the Revo- Armed Forces policy requiring the dis- consent of these chiefs, they ceded lutionary war. At the start of the war, he orga- play of the flags of our U.S. territories these islands to the United States in

VerDate Sep 11 2014 13:29 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00030 Fmt 0688 Sfmt 0634 E:\BR12\H28NO2.000 H28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 11 15605 1900 and 1904. These proposed treaties zens living in her district. They pay and FISA, the Foreign Intelligence were never approved by the United Federal income taxes, and yet she is Surveillance Act, both of which were, States Congress until 1929. denied the right to vote on the floor. I in my judgment—and are, in my judg- b 1640 think this is something that is unbe- ment—essential to our response to the coming of what we call ‘‘democracy,’’ if threat that existed at the time of their Some ask today, Is a territory like I will. creation and the threat that remains. American Samoa still relevant to our Ms. NORTON. You have heard mov- One of the ironies of my service is Nation? And to that I would argue, ab- ingly from three of my colleagues. I that I am elected from a district in solutely—especially given the U.S. hope the Senate has been as moved as Sacramento County, California, nearly pivot of focus on the Asia Pacific re- I was by hearing from them. 3,000 miles from the site of the attack gion, from our continuous involve- I want only to say now, Mr. Speaker, in New York and the attack here in ments for over 10 years now in Iraq and you’ve heard from all of us who are Washington, D.C. And while we have Afghanistan. American citizens who represent Amer- had a plot to blow up L.A. airport that Mr. Speaker, I would ask the ques- ican citizens and American citizens was thwarted by tremendous work by a tion, What would happen if the leaders who fight and have fought for their Federal employee on our northwestern of Samoa or perhaps Fiji or Vanuatu or country, who were pleased and con- border, it has been somewhat difficult the Solomon Islands or Tuvalu or tinue to volunteer in disproportionate to articulate in sufficient terms the Kiribati would agree to have, let’s say, numbers into the Armed Forces, who threat that remains to us, as a Nation, China perhaps build a submarine base are among the less than 1 percent, who to my constituency. on these islands? I would be curious if carry all of us, who carry all of us on But those in California are not alone our Department of Defense or the Pen- their shoulders. That’s what the volun- in their failure to understand the ur- tagon or even the Congress might indi- teer Army is all about today. gency of the moment. I think we, as a cate some concern in this region of the We’ve asked the Senate to do what Nation, have, as a result of the suc- world. we congratulate and commend and cesses that we have achieved in our de- Mr. Speaker, as a Vietnam veteran thank the House for having already fense of this Nation, allowed ourselves and as a representative of a district done. Thank you, House of Representa- some level of complacency and a mis- with high rates of military enlistment, tives, for respecting our flags and for apprehension of the danger that re- I respectfully urge the Senate to adopt respecting us as representatives of the mains. the House provision that would give American people and of American vet- When I served in the Congress in my due honor to all of our servicemembers erans. first tour of service from January of from the District of Columbia, Puerto And I yield back the balance of my 1979 to January of 1989, I for several Rico, Guam, the Virgin Islands, Amer- time. years was a member of the House Intel- ican Samoa, and the Northern Mariana f ligence Committee. At that time, the Islands. phrase ‘‘homeland security’’ or the I thank my colleagues who have BACK TO CONGRESS TO PROTECT word ‘‘homeland’’ was never uttered. If gathered here today. And with one THE HOMELAND you had uttered it then, it would have voice today, we say, Do the right thing The SPEAKER pro tempore. Under a foreign sense to it. Protect the home- and honor the ultimate sacrifices of the Speaker’s announced policy of Jan- land, wasn’t that what Hitler was talk- the tens of thousands of our men and uary 5, 2011, the Chair recognizes the ing about? There was a strange notion women who proudly served the armed gentleman from California (Mr. DANIEL to that term. services of our Nation who are from E. LUNGREN) for 30 minutes. It, of course, began to be used in nor- our U.S. territories and the District of Mr. DANIEL E. LUNGREN of Cali- mal parlance after 9/11. And now it reg- Columbia. fornia. Mr. Speaker, on 9/11, I was in ularly trips off our tongues, ‘‘homeland Mr. Speaker, I want to note for the the city and, therefore, was an eye- security,’’ ‘‘the Committee on Home- record that I know that our colleague, witness to the impact of the attack on land Security,’’ ‘‘the defense of the the gentlelady from Guam who is also the United States in the Capital City. homeland,’’ because we understand a senior member of the House Armed I had a friend who was on the air- that the nature of the war in which we Services Committee, would have been plane that was crashed into the Pen- are presently engaged is very different here. But because of other commit- tagon. There was a gentleman who was than the wars that we have engaged in ments, she was unable to join us in this a partner in the law firm that I had in the past. Special Order. just joined who was on that airplane. A Those were wars of territorial con- Mr. Speaker, in closing, I am re- young man who had attended school quest. Those were wars where you minded again of a statement made by a with my children and his family had could gauge success or failure by the retired U.S. Marine brigadier general worshiped at the same Catholic church amount of territory that you had and a dear Republican friend of mine, a was on the level hit by the first air- taken, by the number of people who native Chamorro from Guam, a grad- plane in the Twin Towers. had died, by the men and armaments uate of the University of Notre Dame And understanding the nature of the that were proceeding into battle. And and a very dear Republican friend, as I attack against the United States, at in some ways, you could anticipate the said, and former colleague of ours in that time, I felt a strong urging to success or failure by the location of the Congress. He was a former Member of once again be involved in public serv- troops, by the array of weapons. this House. He observed that in our re- ice. And that was the genesis of my de- Today we’re facing a very different lationship between our Nation and the cision, when the opportunity presented threat. In addition to fighting the war Territories, he said, We are equal in itself several years later, to return to that has gone on in the Middle East— war but not in peace. this body. That was the compelling with our men and women in uniform With that, Mr. Speaker, I sincerely reason. performing bravely and as well as any hope that our colleagues in the Senate, I was privileged to be appointed to that we have ever had—we are now Chairman CARL LEVIN; the distin- the permanent Homeland Security dealing with an enemy that is not de- guished Republican Senator, the senior Committee, and I was privileged to fined as a nation-state solely, is not de- ranking member and dear friend as serve as chairman of one of the sub- fined as a physical army moving to our well, JOHN MCCAIN; and all the mem- committees; and since that time, I shores but is in many ways engaged in bers of the Senate Armed Services have been privileged to continue to the essence of asymmetric warfare. Committee will support this provision. serve on that committee as well as to That is, not pitting one military force And to the gentlelady from the Dis- serve on the House Judiciary Com- against a military force, one grouping trict of Columbia, I cannot help but to mittee where we had responsibility for, of military equipment versus another say more. There are 600,000 U.S. citi- among other things, the PATRIOT Act but, rather, the essence of asymmetric

VerDate Sep 11 2014 13:29 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00031 Fmt 0688 Sfmt 0634 E:\BR12\H28NO2.000 H28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15606 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 11 November 28, 2012 warfare in attempting to create psy- While the essence of this new com- system to basically destroy them- chological more than physical damage puterized technology-connected world selves. but physical damage if they may do so. allows us to do things we never Why is that important? It was the b 1650 dreamed of doing before, and while that first example we’ve seen publicly of a enhances our standard of living and physical destruction of a system. I On 9/11, we suffered tremendous phys- permits us to be able to receive goods would call that in the nature of critical ical damage. We lost over 3,000 people. and services and specific essential com- infrastructure as a result of a We saw one of the symbols of American munications instantaneously from far cyberattack. We’ve seen suggestions of capitalism destroyed, one of the sym- away places, it also creates tremendous other such things. Whoever did that, bols of American free enterprise, one of vulnerabilities. To the extent that you thank God they seemed to be on our the symbols of one of America’s great- are connected, you’re also vulnerable. side. But now the genie is out of the est cities. We also saw an attack on the To the extent that you rely on that bottle. And if it were done by those Pentagon. It didn’t destroy the Pen- connectivity to be able to send control who are friends of ours, what would tagon. It didn’t cause the number of decisions to distant places, you also happen if people captured it that were casualties you would see in a major create a vulnerability along that path- not friends of ours? Now that it has battle, although every life lost was a way; you create a vulnerability for been done successfully, evidently they tragedy; but it was a psychological someone who might be able to capture know it can be done. So you can have blow to the United States. It was in that control. people who try and reverse engineer it, some ways the foundational principle And as you understand the place that or you can have people just start from of terrorism. the cyberworld plays in our critical in- ground zero saying, look, it has been How do you exact the greatest frastructure, that which gives us the done, let us now theoretically deter- amount of terror, a lack of confidence, guts of the underpinnings of our stand- mine how it was done and how we can a fear in a people, particularly in the ard of living—power, electricity, water, do it. My point is once it has happened, civilian population, while doing what just to name a few—you understand if we should understand that there are would be, relatively speaking, a small someone controls those or interferes those who want to destroy us that will amount of damage? I don’t want to di- with those or sends off false messages use it against us. minish the amount of physical damage on those, the world as we know Let me ask a question, and that that was done, but relative to the changes. And if those who control in would be: What would happen if some- scenes that we have seen from World that way by hacking, by intervention, one introduced malware or viruses into War II for destruction of entire cities, by malware, if they are successful, several of the major medical or health for destruction of buildings and infra- they change our standard of living tre- systems in this Nation? If you went to structure that existed not for years, mendously, and not for the better. the hospital and instead of you having not for decades, but for centuries. Yet, What do we have to do? In the first accurately recorded what your blood is, the threat is as great as the threats we instance, we have to recognize the you had another blood type and you’re have faced before. problem. In this body, we’ve not recog- going to need a blood transfusion dur- Within the context of this war of ter- nized that problem. In the Senate, they ing that surgery, what if they were ror, as opposed to the war on terror, be- have not recognized that problem. With able to change the indications you cause the war is really against those all due respect, even though I work have for indications or the contra- who would destroy us utilizing terror, I very closely with the administration, indications that you have so you would don’t think you should define a war as it hasn’t been priority enough. The be subjected to medicines that were against the tactics used by the enemy. public doesn’t understand it or appre- not, in fact, good for you? You have to define the enemy. We’ve ciate it in part because it is not a po- b 1700 had some difficulty in doing that in litically sexy thing to talk about. part because of political correctness, I grew up in southern California What if that happened in a couple of but an essential part of this war on ter- where a news director many years ago major health systems in this country ror is found in the world of cyber. coined the phrase ‘‘if it bleeds, it in different parts of the country? That’s what I would like to address leads,’’ meaning we will put it on TV if Would that be a psychological attack this evening for a few moments, cyber- you can find a car crash. You find on the Nation if we shook the con- security. somebody bleeding somewhere, we’ll fidence people had in the system? What I think one of the great failings of put it on TV long before we’ll put some if they were able to invade a financial this Congress and one of the things good that someone has done on TV. Cy- services operation so that your account that I regret having not accomplished bersecurity doesn’t bleed until some- could not be verified and someone before I leave this House in several one invades it, someone captures it. else’s account couldn’t be verified? weeks is our successful addressing of One of the remarkable things that What if, in fact, they controlled some the threat we find in the world of happened over the last couple of years of the systems that deal with our cyber. The cyberworld is difficult to was something called Stuxnet, S-t-u-x- trains so that trains would be colliding grasp because you can’t smell it, you n-e-t. Stuxnet is an example of—I’ll rather than missing one another? What can’t feel it, you can’t touch it, and call it malware or a virus or whatever if they controlled the critical infra- you can’t hear it. Yet it is embedded in you want to call it. It was an intrusion structure that we call our water sys- virtually everything we do. If you into an already-existing IT system, the tems or our electricity delivery sys- would look at the world of computers, Iranian Government’s system that tems? the world of technology, the world of they utilized for purposes of developing I mean, these are real questions. connectivity of those things, and the their nuclear weapons systems. At What do we need to do? We need to un- wireless world—that is a term that least that is what is suggested in the derstand that it’s going to require co- needs to be defined, and we don’t have public press. operation and a collaboration between the full time to talk about that be- According to the public press, what- the public sector and the private sec- cause wireless means partly wireless ever this was that was interjected tor. instrumentalities and partly wired in- there laid dormant for a period of time, Look, I’m a small-government guy. I strumentalities and partly cables, gave off false signals that everything believe in limited government. I also which are utilized to spread what start- was okay to those who were operating believe that the limited government we ed may end as wireless communica- the system, and then at some period of have ought to work, that it ought to be tions to distant lands. Nonetheless, be- time carried out commands that were robust. In my judgment, the Federal cause you can’t physically see it in contrary to the integrity of the sys- Government has a responsibility in the most instances, it is not readily appar- tem, causing, as reported in public ar- area of cybersecurity; and we have ent that it is there. ticles, the centrifuges in their nuclear been, in some ways, not facing up to

VerDate Sep 11 2014 13:29 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00032 Fmt 0688 Sfmt 0634 E:\BR12\H28NO2.000 H28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 11 15607 that. This administration and the pre- tor that involves itself in critical infra- capital investment needed for weapons vious administration have done some structure in such a way that the im- of mass destruction. We ought to un- tremendous work in advancing the pact of a failure of that piece of infra- derstand it, and we ought to under- cause—Congress has examined it; we’ve structure to the public will be pro- stand that sooner rather than later. held hearings; we’ve put forth some tected against. Let me give you a sim- Cybersecurity ought to be an issue on proposals—but we haven’t had a com- ple example. This was an example that the front burner of this Congress going pleted project. We need to do a number I paraphrased from former Secretary forward. There ought to be an effort for of things, it seems to me. Chertoff. the administration and the Congress— Number one, we need to make sure Let’s say you are a piece of the crit- Democrat, Republican, conservative, that we understand that, as far as the ical infrastructure and that you realize liberal—to work for the good of this Federal Government is concerned, the that a failure will cause $1 billion Nation. entry point for the private sector worth of damage to your company, but I can think of no external threat that ought not to be NSA, because it’s part that the impact on society may be $50 is greater than the threat of of the military. It ought to be DHS. billion. The delta between $50 billion cyberwarfare. As I leave this place, I Some people say, I didn’t like DHS. and $1 billion is one that has to be, in don’t know if I’d call it a confession, Well, DHS exists. It has for a decade. It some ways, dealt with in terms of that but it is an admission of mine that we has gotten more robust. It has gotten relationship between the Federal Gov- have not done all we’ve needed to do. much, much better in terms of its com- ernment and the private sector; and we I’m not blaming anybody. In the after- petency in the area of cybersecurity. haven’t figured that out yet. math of 9/11, the first thing we had to We ought to build on that. We ought to My way of doing it was to create a do was to try and protect against a have that as the entry point so that we voluntary program by which you would similar attack. We have strengthened don’t have a violation of what we know have different elements of our economy our air travel in this country. We have as posse comitatus, or the idea of civil- deal with DHS, with the support of oth- strengthened our security against an ian control over the military. ers, coming up with what would be best attack to our ports. We have strength- NSA is unbelievably good. They’re business practices. Then, if those best ened our ability to protect against a the best in the world at what they do, business practices were adopted by terrorist attack on our chemical facili- but we’ve got to make sure that there those within that element of the econ- ties, although we still need to do more is the proper relationship. I think the omy, they would get liability protec- there. We have protected our transpor- previous administration and this ad- tion, liability immunity. Now, some tation systems to a greater extent than ministration have established the say, wait a second. That leads to the existed before. We have greater co- means of doing that, but it ought not slippery slope, and the Federal Govern- operation and coordination among all to be the idiosyncratic answer by one ment is going to come in with a crash levels of law enforcement. There is a administration to another. It ought to on you. Look, I don’t know the perfect greater level of respect among the pri- be institutionalized so we know that answer, but I was trying to find the vate sector parts and the public sector; that’s the permanent structure and lightest regulatory touch we could but cybersecurity remains, in my judg- that people can rely on it. Secondly, we need to create a plat- have. ment, the lagging indicator and the If those who are worried about the form of trust and confidence and expe- lagging response. Federal Government becoming too I would hope that partisanship would rience between the public sector and heavy handed are truly concerned be thrown aside. I would hope that fear the private sector to be able to utilize about that, they ought to think about of the government—although I under- the information that comes to one or stand that well and I’ve been a pro- the other. What do I mean by that? this: if we have a successful When the Federal Government learns cyberattack against a part of our crit- ponent of that—of an overly sized gov- about cyberattacks that are taking ical infrastructure, my fear is that ernment and an overly strong govern- place in one place, they ought to be Congress and whoever is President at ment will be tempered in the sense able to give that information to other the time will overreact because the that we understand the threat to all of elements of the private sector on an public will require it. Wouldn’t it be us and to our standard of living in so immediate basis so they can protect better for us to anticipate it? Wouldn’t many different ways is real and that, themselves against that. At the same it be better for us to get ahead of the right now, we have the greatest minds time, we ought to set up a platform to crisis and then have a means by which working on cyber. establish that confidence so that the we defend against it? We know we’re The last thought is this: if any young private sector will feel better about not ever going to be totally, 100 per- person is looking for a job or a career giving their information to the govern- cent successful; so when it happens, we for the rest of his or her life, start ment so that they can help them pro- should diminish the impact on what- training in the area of cybersecurity. tect against that attack and let others ever part of critical infrastructure we We need to do more in terms of our know that that attack might be there. have. educational programs. We need to do That comes with experience. That Third, mitigate against the damage more in terms of our training. China is comes with trust and confidence that when it occurs; and, fourth, be avail- training a lot more people in cyberse- can only be established over time, and able to rebuild, respond and have the curity than we are. It’s not just be- we need to have a structure that allows services available to the public sooner cause they have a larger population; that to happen. rather than later. it’s because they’re dedicated to it. We I produced legislation to do that. Un- I had hoped to be here another 2 could lose our edge if we don’t do that. fortunately, it never reached the floor years to work on that—I will not be— So I would ask this Congress going of the House of Representatives for rea- but I will be on the outside, wherever I forward and I would ask this adminis- sons I won’t go into, but the fact of the am and in whatever I do, urging this tration going forward to put cybersecu- matter is that we still need to do that. Congress to look this issue squarely in rity at the front of the line, not at the You can say you want to build trust by the face and to do something about it. back of the line, in terms of training establishing something, but you have I am absolutely convinced, as Sec- our people, educating our young peo- to have it established. You have to retary Panetta said, that one of the ple, identifying this as a career path have people there. They have to under- greatest threats to this Nation is a for so many of them, making the com- stand one another. They have to work cyber-Pearl Harbor, and the potential mitment in our government in terms of with one another. They have to gain of that is greater because the capacity the budget that is necessary, but also that trust. That takes time. We need to to strike against the country is more in terms of that spirit of cooperation do it immediately. diffuse than ever before. and collaboration that must exist be- We need to have some sort of means The capital investment for a success- tween the private sector and the public by which we work with the private sec- ful cyberattack is much less than the sector.

VerDate Sep 11 2014 13:29 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00033 Fmt 0688 Sfmt 0634 E:\BR12\H28NO2.000 H28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15608 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 11 November 28, 2012 b 1710 That inspired Dan to join the Navy special projects, and he actually got We are at risk. There is a real and and do exactly that—to fly helicopters the Seal Medallion from the Central present danger out there. We have the and rescue his fellow sailors that had Intelligence Agency. capacity to respond to it. We have the the bad luck or the bad skills to land in So you take all of these things to- ability to be the best in the world at the water. gether, and you see a man who had a this. We have the ability to protect He bought a country radio station in full life, a full family, that loved his ourselves better than any other coun- San Diego and transformed it, made it country and served his country, and try in the world, and we will if we will into one of the most successful radio someone who had courage and true grit turn our face towards the problem stations in San Diego County. At the and a true faith in God, that God would rather than away from the problem. same time, in 1977 he was the president help lead him through his life and his So, Mr. Speaker, I thank you for the of the Country Music Association in path, and he trusted in the Lord to do time. It is my hope that this country Nashville. He also served on the Na- that. recognizes the threat, deals with the tional Association of Broadcasters’ On a couple of other separate stories, threat, and successfully looks to the board of directors here in Washington, Dan taught me how to jump motocross future for ourselves, our children, and D.C. bikes at his ranch when I was a kid. I our grandchildren. And as I go through this litany of got my first job in high school at a TV I yield back the balance of my time. things that Dan McKinnon did, you can station doing the news camera that his f see where his courage, his faith in God, brother had. I got to work on his air- and his selfless service to country and REMEMBERING DAN MCKINNON lines after high school and between col- Christianity played through through- lege. I’m a young guy. I’m only 35 The SPEAKER pro tempore. Under out his entire life. years old, Mr. Speaker, and sometimes He ran for Congress. He tried to get the Speaker’s announced policy of Jan- young guys like myself need people to in this body in 1980. He had an unsuc- uary 5, 2011, the Chair recognizes the look up to, people that give us struc- gentleman from California (Mr. HUN- cessful run for Congress in 1980, but the ture and people that tell us which way TER) for 30 minutes. next year President Reagan nominated is the right way to go and which way is Mr. HUNTER. Thank you, Mr. Speak- him to lead the Federal Civil Aero- er. nautics Board which basically oversaw the wrong way to go. Dan always knew It is my unfortunate honor to come the deregulation of all of the airlines. what the right way to go was. He was before you and speak about a true son And as I know, as somebody who wants a mentor of mine. And on November 22, of America who lost his battle with less government and less Big Brother when he lost his battle with cancer, cancer 6 days ago on November 22. I intervention, Dan McKinnon was the America and San Diego truly lost one have an article here from the local rare sort of man who, after he did his of their sons and one of the people that paper in San Diego talking about Dan work on the Civil Aeronautics Board make this country truly great. McKinnon, and it says, Dan McKinnon: and deregulated the airline industry, so With that, I yield back the balance of Navy pilot, radio, and airline execu- we have what we have now, which is my time. tive. Appointed to two Federal boards, competition and low rates and ex- f was son of San Diego congressman. tremely high safety measures, he shut Those are a lot of things, but Dan down his own board that President RECESS McKinnon was so much more than Reagan started. Rarely in Washington The SPEAKER pro tempore. Pursu- those, even put together. do you see a creature that starts up ant to clause 12(a) of rule I, the Chair First, his father was a Democrat con- some kind of board or blue ribbon panel declares the House in recess subject to gressman from San Diego here in the or commission and actually closes it the call of the Chair. 1950s, probably stood at this table and down on themselves after they’ve done Accordingly (at 5 o’clock and 17 min- spoke like I’m speaking now. Dan was the work that they needed to do. That utes p.m.), the House stood in recess. a page, when we still had pages in this takes a special person. It takes a spe- House on this floor in the fifties during cial person to give up the reins and f the Truman administration as well. He say, we don’t need more bureaucracy, b 1739 had a great respect and love for this we’re going to shut it down. We’ve done country, and he had a great respect and the work that we were assigned. So he AFTER RECESS love for this body and the institution. did that. He didn’t get paid for that ei- The recess having expired, the House He has some great claims to fame. ther. He did it because he wanted to was called to order by the Speaker pro One of those is this: As a young man, help the country and he loved being a tempore (Mr. WOODALL) at 5 o’clock Dan served in the Navy as a helicopter pilot and he loved the airline industry. and 39 minutes p.m. pilot, and he’s credited with 62 saves on People say that the airline industry land or sea. That’s more saves during right now, the way that it is is a direct f peacetime than any other Navy pilot in reflection of how he deregulated it dur- REPORT ON RESOLUTION PRO- American history. He loved the Navy ing these times. That was a big deal VIDING FOR CONSIDERATION OF and he loved flying, and that led him to when you had the Federal Government H.R. 6429, STEM JOBS ACT OF do other things later in his life. But he dictating fares and routes, and to 2012; AND PROVIDING FOR CON- was a great pilot. He was inspired to change that into a free market system SIDERATION OF MOTIONS TO fly from some words taken from the where competition could enter, it took SUSPEND THE RULES movie ‘‘The Bridge Over Toko-Ri.’’ And a long time and it took a man of spe- basically the words—I’m going to sum- cial character and significance to do Mr. NUGENT, from the Committee marize what made him want to be a that, and Dan did it. on Rules, submitted a privileged report helicopter pilot. There were some folks His daughter Lisa, who is, I think, a (Rept. No. 112–697) on the resolution (H. talking in this movie, and they basi- lieutenant in the Navy right now in Res. 821) providing for consideration of cally said: Where does America get Coronado doing intelligence work for the bill (H.R. 6429) to amend the Immi- these kinds of people that want to fly the Navy SEALs, said this about her gration and Nationality Act to pro- off these little platforms that are float- dad: He would say that his Navy wings mote innovation, investment, and re- ing in the ocean, go and rescue men or were the only thing that he ever did by search in the United States, to elimi- take out the enemy, and then fly back himself. He said everything else was a nate the diversity immigrant program, out to these platforms again in the team effort. He loved being a pilot. He and for other purposes; and providing middle of the ocean, try to find those loved flying for the Navy, and he flew for consideration of motions to suspend platforms and then land on them? and sailed to the end of his days. the rules, which was referred to the Where does America get them? They He also worked for the Central Intel- House Calendar and ordered to be are the greatest in that country. ligence Agency. They had him doing printed.

VerDate Sep 11 2014 13:29 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00034 Fmt 0688 Sfmt 0634 E:\BR12\H28NO2.000 H28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 11 15609 SENATE BILL REFERRED ting the Agency’s final rule — 2012-2014 En- bofan Engines [Docket No.: FAA-2012-0228; terprise Housing Guide (RIN: 2590-AA49) re- Directorate Identifier 2012-NE-09-AD; A bill of the Senate of the following ceived November 5, 2012, pursuant to 5 U.S.C. Amendment 39-17179; AD 2012-18-03] (RIN: title was taken from the Speaker’s 801(a)(1)(A); to the Committee on Financial 2120-AA64) received November 5, 2012, pursu- table and, under the rule, referred as Services. ant to 5 U.S.C. 801(a)(1)(A); to the Committee follows: 8473. A letter from the Director, Regu- on Transportation and Infrastructure. 8481. A letter from the Program Analyst, S. 3642. An act to clarify the scope of the latory Management Division, Environmental Department of Transportation, transmitting Economic Espionage Act of 1996, the Com- Protection Agency, transmitting the Agen- the Department’s final rule — Airworthiness mittee on the Judiciary. cy’s final rule — Approval and Promulgation of Implementation Plans; California; Deter- Directives; Bombardier, Inc. Airplanes f minations of Attainment for the 1997 8-Hour [Docket No.: FAA-2012-0142; Directorate Identifier 2010-NM-275-AD; Amendment 39- ENROLLED BILLS SIGNED Ozone Standard [EPA-R09-OAR-2011-0492; FRL-9749-4] received November 2, 2012, pursu- 17188; AD 2012-18-11] (RIN: 2120-AA64) received Karen L. Haas, Clerk of the House, ant to 5 U.S.C. 801(a)(1)(A); to the Committee November 5, 2012, pursuant to 5 U.S.C. reported and found truly enrolled bills on Energy and Commerce. 801(a)(1)(A); to the Committee on Transpor- tation and Infrastructure. 8474. A letter from the Director, Regu- of the House of the following titles, 8482. A letter from the Program Analyst, which were thereupon signed by the latory Management Division, Environmental Department of Transportation, transmitting Speaker: Protection Agency, transmitting the Agen- the Department’s final rule — Airworthiness cy’s final rule — Approval and Promulgation H.R. 2453. An act to require the Secretary Directives; The Boeing Company Airplanes of Implementation Plans; State of Idaho; Re- of the Treasury to mint coins in commemo- [Docket No.: FAA-2012-0645; Directorate gional Haze State Implementation Plan ration of Mark Twain. Identifier 2011-NM-352-AD; Amendment 39- [EPA-R10-OAR-2010-0930; FRL-9750-1] re- H.R. 6063. An act to amend title 18, United 17190; AD 2012-18-13] (RIN: 2120-AA64) received ceived November 2, 2012, pursuant to 5 U.S.C. States Code, with respect to child pornog- November 5, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy and raphy and child exploitation offenses. 801(a)(1)(A); to the Committee on Transpor- Commerce. H.R. 6118. An act to amend section 353 of tation and Infrastructure. 8475. A letter from the Director, Regu- the Public Health Service Act with respect 8483. A letter from the Program Analyst, latory Management Division, Environmental to suspension, revocation, and limitation of Department of Transportation, transmitting Protection Agnecy, transmitting the Agen- laboratory certification. the Department’s final rule — Airworthiness cy’s final rule — Approval and Promulgation H.R. 6131. An act to extend the Under- Directives; The Boeing Company Airplanes of Air Quality Implementation Plans; New taking Spam, Spyware, And Fraud Enforce- [Docket No.: FAA-2011-1065; Directorate Hampshire; Reasonably Available Control ment With Enforcers beyond Borders Act of Identifier 2011-NM-007-AD; Amendment 39- Technology Update to Address Control Tech- 2006, and for other purposes. 17175; AD 2012-17-12] (RIN: 2120-AA64) received niques Guidelines Issued in 2006, 2007, and H.R. 6570. An act to amend the American November 5, 2012, pursuant to 5 U.S.C. 2008 [EPA-R01-OAR-2012-0255; A-1-FRL-9749-8] Recovery and Reinvestment Act of 2009 and 801(a)(1)(A); to the Committee on Transpor- received November 2, 2012, pursuant to 5 the Emergency Economic Stabilization Act tation and Infrastructure. U.S.C. 801(a)(1)(A); to the Committee on En- 8484. A letter from the Program Analyst, of 2008 to consolidate certain CBO reporting ergy and Commerce. Department of Transportation, transmitting requirements. 8476. A letter from the Chief of Staff, Media the Department’s final rule — Airworthiness f Bureau, Federal Communications Commis- Directives; The Boeing Company Airplanes [Docket No.: FAA-2011-1250; Directorate ADJOURNMENT sion, transmitting the Commission’s final rule — Amendment of Section 73.202(b) Table Identifier 2010-NM-031-AD; Amendment 39- Mr. NUGENT. Mr. Speaker, I move of Allotments, FM Broadcast Stations. 17176; AD 2012-17-13] (RIN: 2120-AA64) received that the House do now adjourn. (Crowell, Knox City, Rule, and Quanah, November 5, 2012, pursuant to 5 U.S.C. The motion was agreed to; accord- Texas [MB Docket No.: 08-97] (RM-11428) re- 801(a)(1)(A); to the Committee on Transpor- ceived November 5, 2012, pursuant to 5 U.S.C. tation and Infrastructure. ingly (at 5 o’clock and 40 minutes 8485. A letter from the Program Analyst, p.m.), under its previous order, the 801(a)(1)(A); to the Committee on Energy and Commerce. Department of Transportation, transmitting House adjourned until tomorrow, 8477. A letter from the Director, Office of the Department’s final rule — Airworthiness Thursday, November 29, 2012, at 10 a.m. Congressional Affairs, Nuclear Regulatory Directives; Costruzioni Aeronautiche for morning-hour debate. Commission, transmitting the Commission’s Tecnam srl Airplanes [Docket No.: FAA-2011- 0816; Directorate Identifier 2011-CE-022-AD; f final rule — Interim Staff Guidance Aug- menting NUREG-1537, Part 1 and 2, ‘‘Guide- Amendment 39-17180; AD 2012-18-04] (RIN: EXECUTIVE COMMUNICATIONS, lines for Preparing and Reviewing Applica- 2120-AA64) received November 5, 2012, pursu- ETC. tions for the Licensing of Non-Power Reac- ant to 5 U.S.C. 801(a)(1)(A); to the Committee tors: Format and Content’’, for Licensing on Transportation and Infrastructure. Under clause 2 of rule XIV, executive 8486. A letter from the Program Analyst, Radioisotope Production Facilities and Department of Transportation, transmitting communications were taken from the Aqueous Homogeneous Reactors October 17, the Department’s final rule — Airworthiness Speaker’s table and referred as follows: 2012 received November 7, 2012, pursuant to 5 Directives; Honeywell International, Inc. 8469. A letter from the Director, Regu- U.S.C. 801(a)(1)(A); to the Committee on En- Turbofan Engines [Docket No.: FAA-2011- latory Management Division, Environmental ergy and Commerce. 1045; Directorate Identifier 2011-NE-32-AD; Protection Agency, transmitting the Agen- 8478. A letter from the Program Analyst, Amendment 39-17168; AD 2012-17-05] (RIN: cy’s final rule — Fluazinam; Pesticide Toler- Department of Transportation, transmitting 2120-AA64) received November 5, 2012, pursu- ances [EPA-HQ-OPP-2012-0009; FRL-9366-6] the Department’s final rule — Airworthiness ant to 5 U.S.C. 801(a)(1)(A); to the Committee received November 2, 2012, pursuant to 5 Directives; Rolls-Royce plc Turbofan En- on Transportation and Infrastructure. U.S.C. 801(a)(1)(A); to the Committee on Ag- gines [Docket No.: FAA-2010-0821; Direc- 8487. A letter from the Program Analyst, riculture. torate Identifier 2010-NE-30-AD; Amendment Department of Transportation, transmitting 8470. A letter from the Director, Regu- 37-17183; AD 2012-18-07] (RIN: 2120-AA64) re- the Department’s final rule — Airworthiness latory Management Division, Environmental ceived November 5, 2012, pursuant to 5 U.S.C. Directives; Eurocopter France Helicopters Protection Agency, transmitting the Agen- 801(a)(1)(A); to the Committee on Transpor- [Docket No.: FAA-2012-0222; Directorate cy’s final rule — Fluridone; Pesticide Toler- tation and Infrastructure. Identifier 2011-SW-007-AD; Amendment 39- ances for Emergency Exemptions [EPA-HQ- 8479. A letter from the Program Analyst, 17166; AD 2012-17-03] (RIN: 2120-AA64) received OPP-2012-0756; FRL-9366-8] received Novem- Department of Transportation, transmitting November 5, 2012, pursuant to 5 U.S.C. ber 2, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); the Department’s final rule — Airworthiness 801(a)(1)(A); to the Committee on Transpor- to the Committee on Agriculture. Directives; Pratt & Whitney Division Tur- tation and Infrastructure. 8471. A letter from the Director, Regu- bofan Engines [Docket No.: FAA-2012-0079; 8488. A letter from the Program Analyst, latory Management Division, Environmental Directorate Identifier 2012-NE-06-AD; Department of Transportation, transmitting Protection Agency, transmitting the Agen- Amendment 39-17148; AD 2012-16-01] (RIN: the Department’s final rule — Airworthiness cy’s final rule — Metconazole; Pesticide Tol- 2120-AA64) received November 5, 2012, pursu- Directives; BAE SYSTEMS (Operations) erances [EPA-HQ-OPP-2012-0455; FRL-9364-8] ant to 5 U.S.C. 801(a)(1)(A); to the Committee Limited Airplanes [Docket No.: FAA-2012- received November 2, 2012, pursuant to 5 on Transportation and Infrastructure. 0489; Directorate Identifier 2011-NM-229-AD; U.S.C. 801(a)(1)(A); to the Committee on Ag- 8480. A letter from the Program Analyst, Amendment 39-17174; AD 2012-17-11] (RIN: riculture. Department of Transportation, transmitting 2120-AA64) received November 5, 2012, pursu- 8472. A letter from the General Counsel, the Department’s final rule — Airworthiness ant to 5 U.S.C. 801(a)(1)(A); to the Committee Federal Housing Finance Agency, transmit- Directives; Pratt & Whitney Division Tur- on Transportation and Infrastructure.

VerDate Sep 11 2014 13:29 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00035 Fmt 0688 Sfmt 0634 E:\BR12\H28NO2.000 H28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15610 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 11 November 28, 2012 8489. A letter from the Program Analyst, By Ms. NORTON: By Mr. GRIJALVA: Department of Transportation, transmitting H.R. 6610. A bill to provide for several crit- H.R. 6609. the Department’s final rule — Airworthiness ical National Park Service authorities, and Congress has the power to enact this legis- Directives; The Boeing Company Airplanes for other purposes; to the Committee on Nat- lation pursuant to the following: [Docket No.: FAA-2012-0327; Directorate ural Resources, and in addition to the Com- Article I, Section 8 of the United States Identifier 2011-NM-125-AD; Amendment 39- mittees on Transportation and Infrastruc- Constitution. 17198; AD 2012-19-03] (RIN: 2120-AA64) received ture, and Oversight and Government Reform, By Ms. NORTON: November 5, 2012, pursuant to 5 U.S.C. for a period to be subsequently determined H.R. 6610. 801(a)(1)(A); to the Committee on Transpor- by the Speaker, in each case for consider- Congress has the power to enact this legis- tation and Infrastructure. ation of such provisions as fall within the ju- lation pursuant to the following: 8490. A letter from the Program Analyst, risdiction of the committee concerned. clauses 14 and 18 of section 8 of article I of Department of Transportation, transmitting By Ms. SPEIER (for herself, Mr. the Constitution. the Department’s final rule — Airworthiness DEUTCH, and Mr. CICILLINE): Directives; Rolls-Royce plc (RR) Turbofan H. Con. Res. 141. Concurrent resolution ex- f Engines [Docket No.: FAA-2012-0848; Direc- pressing the sense of Congress efforts by ADDITIONAL SPONSORS torate Identifier 2012-NE-20-AD; Amendment mental health practitioners to change an in- 39-17167; AD 2012-17-04] (RIN: 2120-AA64) re- dividual’s sexual orientation and gender Under clause 7 of rule XII, sponsors ceived November 5, 2012, pursuant to 5 U.S.C. identity or expression are dangerous and were added to public bills and resolu- 801(a)(1)(A); to the Committee on Transpor- harmful and should be prohibited from being tions as follows: tation and Infrastructure. practiced on minors; to the Committee on H.R. 178: Ms. DELAURO. 8491. A letter from the Program Analyst, Energy and Commerce. H.R. 181: Mrs. CAPITO. Department of Transportation, transmitting By Mr. KUCINICH (for himself and Mr. H.R. 420: Mr. MASSIE. the Department’s final rule — Airworthiness HOLT): H.R. 625: Mr. DUNCAN of Tennessee and Mr. Directives; Honeywell International, Inc. H. Res. 819. A resolution directing the At- BACHUS. Turbofan Engines [Docket No.: FAA-2011- torney General of the United States to trans- H.R. 676: Ms. KAPTUR. 0945; Directorate Identifier 2011-NE-18-AD; mit to the House of Representatives, not H.R. 797: Mr. CONYERS. Amendment 39-17161; AD 2012-16-14] (RIN: later than 14 days after the date of the adop- H.R. 891: Mr. BASS of New Hampshire. 2120-AA64) received November 5, 2012, pursu- tion of this resolution, any documents and H.R. 2168: Mr. POE of Texas. ant to 5 U.S.C. 801(a)(1)(A); to the Committee legal memoranda in the Attorney General’s H.R. 2505: Ms. BONAMICI. on Transportation and Infrastructure. possession relating to the practice of tar- H.R. 2524: Mr. DEFAZIO. 8492. A letter from the Program Analyst, geted killing of United States citizens and H.R. 2563: Mr. WELCH. Department of Transportation, transmitting targets abroad; to the Committee on the Ju- H.R. 2981: Mr. MCGOVERN. the Department’s final rule — Airworthiness diciary. H.R. 3423: Mr. AMODEI. Directives; Eurocopter France Helicopters By Mr. NADLER (for himself, Mrs. H.R. 3881: Mr. HOLT. [Docket No.: FAA-2011-1408; Directorate MALONEY, Mr. PALLONE, Mr. HIMES, H.R. 3890: Mr. COSTA. Identifier 2008-SW-10-AD; Amendment 39- Mr. KING of New York, Mrs. LOWEY, H.R. 4077: Mr. GENE GREEN of Texas. 17184; AD 2012-18-08] (RIN: 2120-AA64) received Mr. TURNER of New York, Mr. GRIMM, H.R. 4122: Ms. EDDIE BERNICE JOHNSON of November 5, 2012, pursuant to 5 U.S.C. Mr. ACKERMAN, Mr. ANDREWS, Mr. Texas and Ms. TSONGAS. 801(a)(1)(A); to the Committee on Transpor- BISHOP of New York, Ms. BUERKLE, H.R. 4205: Mr. CLAY. tation and Infrastructure. Mr. CARSON of Indiana, Mr. CICILLINE, H.R. 4290: Ms. BONAMICI. 8493. A letter from the Secretary, Federal Ms. CLARKE of New York, Mr. COURT- H.R. 4309: Mr. HECK. Maritime Commission, transmitting the NEY, Mr. CROWLEY, Ms. DELAURO, Mr. H.R. 4336: Mr. MEEHAN. Commission’s final rule — Commission’s ENGEL, Mr. FITZPATRICK, Mr. H.R. 4373: Mr. CUMMINGS. Rules of Practice and Procedure [Docket No.: FRELINGHUYSEN, Mr. GARRETT, Mr. H.R. 5817: Mr. CARNEY. 11-05] (RIN: 3027-AC43) received November 5, GIBSON, Mr. AL GREEN of Texas, Ms. H.R. 6107: Mr. RAHALL. 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the HAYWORTH, Mr. HIGGINS, Mr. HIN- H.R. 6199: Mr. KUCINICH. Committee on Transportation and Infra- CHEY, Mr. HOLT, Mr. ISRAEL, Mr. H.R. 6200: Ms. BORDALLO and Ms. NORTON. structure. KEATING, Mr. LANCE, Mr. LANGEVIN, H.R. 6299: Mr. CHABOT and Mr. GRIMM. Mr. LARSON of Connecticut, Mr. f H.R. 6490: Mr. FITZPATRICK, Mr. LOBIONDO, Mr. MARINO, Mrs. MCCAR- DESJARLAIS, Mr. AUSTIN SCOTT of Georgia, THY of New York, Ms. MCCOLLUM, Mr. REPORTS OF COMMITTEES ON Mr. TIPTON, Mr. DENT, Mr. GUINTA, Mr. MCGOVERN, Mr. MORAN, Mr. OWENS, PUBLIC BILLS AND RESOLUTIONS RENACCI, Mr. CRENSHAW, Mr. WELCH, Mr. Mr. PASCRELL, Mr. RANGEL, Mr. LONG, Mr. CRITZ, Mr. BOSWELL, and Mr. Under clause 2 of the rule XIII, re- REED, Ms. RICHARDSON, Mr. RICH- NUNES. ports of committees were delivered to MOND, Mr. RIGELL, Mr. RUNYAN, Ms. H.R. 6582: Mrs. EMERSON and Mr. LONG. the Clerk for printing and reference to SCHWARTZ, Mr. SCOTT of Virginia, Mr. H.R. 6588: Mr. HASTINGS of Florida. SERRANO, Mr. SIRES, Ms. SLAUGHTER, the proper calendar, as follows: H.R. 6598: Mr. GRIMM. Mr. TONKO, and Mr. WALZ of Min- Mr. NUGENT: Committee on Rules. House H. Con. Res. 39: Mr. HARRIS. nesota): Resolution 821. Resolution providing for con- H. Res. 733: Mr. HASTINGS of Florida and H. Res. 820. A resolution expressing condo- sideration of the bill (H.R. 6429) to amend the Mr. GENE GREEN of Texas. lences to the victims of Hurricane Sandy, Immigration and Nationality Act to promote H. Res. 809: Mr. FORBES and Ms. DELAURO. commending the resiliency of the people of innovation, investment, and research in the H. Res. 814: Mr. KINZINGER of Illinois, Mr. New Jersey, New York, Massachusetts, Con- United States, to eliminate the diversity im- AMODEI, and Mr. LUETKEMEYER. migrant program, and for other purposes; necticut, Pennsylvania, Maryland, the Dis- and providing for consideration of motions trict of Columbia, Rhode Island, New Hamp- f to suspend the rules (Rept. 112–697). Referred shire, West Virginia, and Delaware, and com- to the House Calendar. mitting to stand by them in the relief and CONGRESSIONAL EARMARKS, LIM- recovery effort; to the Committee on Trans- ITED TAX BENEFITS, OR LIM- f portation and Infrastructure. ITED TARIFF BENEFITS PUBLIC BILLS AND RESOLUTIONS f Under clause 9 of rule XXI, lists or Under clause 2 of rule XII, public CONSTITUTIONAL AUTHORITY statements on congressional earmarks, bills and resolutions of the following STATEMENT limited tax benefits, or limited tariff titles were introduced and severally re- benefits were submitted as follows: Pursuant to clause 7 of rule XII of ferred, as follows: OFFERED BY MR. SMITH OF TEXAS the Rules of the House of Representa- By Mr. GRIJALVA: tives, the following statements are sub- The provisions that warranted a referral to H.R. 6609. A bill to expand the Pajarita the Committee on the Judiciary in H.R. 6429, Wilderness and designate the Tumacacori mitted regarding the specific powers the STEM Jobs Act of 2012, do not contain Highlands Wilderness in Coronado National granted to Congress in the Constitu- any congressional earmarks, limited tax Forest, Arizona, and for other purposes; to tion to enact the accompanying bill or benefits, or limited tariff benefits as defined the Committee on Natural Resources. joint resolution. in clause 9 of rule XXI.

VerDate Sep 11 2014 13:29 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00036 Fmt 0688 Sfmt 0634 E:\BR12\H28NO2.000 H28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15611 SENATE—Wednesday, November 28, 2012

The Senate met at 10 a.m. and was NATIONAL DEFENSE AUTHORIZA- inoperative. He always kept a pen in called to order by the Honorable TION ACT FOR FISCAL YEAR that hand so people would not grab his KIRSTEN E. GILLIBRAND, a Senator from 2013—MOTION TO PROCEED—Re- hand or something like that. But it the State of New York. sumed was distinctive. That was the distinc- Mr. REID. Madam President, I now tive Robert Dole. He was such a force PRAYER move to proceed to Calendar No. 419, here in the Senate, and to think that The Chaplain, Dr. Barry C. Black, of- the DOD authorization bill. he did it all after having been really fered the following prayer: The ACTING PRESIDENT pro tem- blown up in a war. Let us pray. pore. The clerk will report. The United States has been a leader Father of all, out of the noisy world, The legislative clerk read as follows: in expanding disability rights across we come to this quiet place of prayer. Motion to proceed to the bill (S. 3254) to the globe. U.S. law has been the gold We depend on Your goodness, Your authorize appropriations for fiscal year 2013 standard for the rest of the world. But mercy and grace. for military activities of the Department of the United States must continue to As our lawmakers face the challenges Defense, for military construction, and for lead by example and must do more to of their calling, inspire them to have a defense activities of the Department of En- protect American citizens traveling mature faith in Your providential lead- ergy, to prescribe military personnel and working abroad. strengths for such fiscal year, and for other The disabilities convention before ing. Lord, fill them with Your spirit so purposes. that they will acknowledge their de- the Senate today—a treaty ratified by SCHEDULE pendence on You for every breath they 125 nations—would advance those Mr. REID. Madam President, the breathe and every creative thought goals. This convention would give us first hour will be equally divided and they think. May today be for them a an opportunity to strengthen our lead- controlled between the two leaders or building block for making America a ership on disability rights around the their designees, with the majority con- nation that glorifies You. world. It is another step toward ensur- trolling the first half and the Repub- We pray in Your great Name. Amen. ing that all people with disabilities in licans controlling the final half. We ex- any country are treated with dignity f pect to begin consideration of the DOD and given the right to achieve to their authorization bill today. full potential. PLEDGE OF ALLEGIANCE DISABILITIES CONVENTION Ratification of this treaty will not On April 14, 1945, a very young Robert cost the U.S. taxpayers a single dime. The Honorable KIRSTEN E. GILLI- Dole lay gravely wounded in the mud It will not require any changes in our BRAND led the Pledge of Allegiance, as of a war-torn Italian hillside. He had existing law. It has the support of vet- follows: been hit with shrapnel which tore erans groups and disability groups I pledge allegiance to the Flag of the through his shoulder and his spine. But around the country. It has the strong United States of America, and to the Repub- 24 years later, after years spent re- backing of a bipartisan group of Sen- lic for which it stands, one nation under God, indivisible, with liberty and justice for all. building his body and building a polit- ators and leading Republicans such as ical career, the future Senate majority George H.W. Bush as well as Senator f leader gave his maiden speech on the Dole. He called me a few days ago to Senate floor. His first floor speech here tell me how much he wanted this APPOINTMENT OF ACTING in the Senate was about the challenges passed. PRESIDENT PRO TEMPORE faced each day—even in this the richest Like passing the Americans With of nations—by people just like Robert Disabilities Act, ratifying the treaty is The PRESIDING OFFICER. The Dole, people with disabilities. That is the right thing to do. Ralph Waldo clerk will please read a communication what he spoke about. He described the Emerson wrote, ‘‘If you would lift me to the Senate from the President pro discrimination disabled Americans up you must be on higher ground.’’ If tempore (Mr. INOUYE). faced as ‘‘maybe not exclusion from the the United States wishes to be a global The legislative clerk read the fol- front of the bus, but perhaps from even example for the huge strides people lowing letter: climbing aboard it.’’ with disabilities can make when bar- U.S. SENATE, Over the next 27 years of his Senate riers to succeed are removed, we must PRESIDENT PRO TEMPORE, career, including 11 years as majority take the high ground. Washington, DC, November 28, 2012. leader, and throughout his years in the I thank Senator KERRY, the chair- To the Senate: man of the Foreign Relations Com- Under the provisions of rule I, paragraph 3, private sector, Bob Dole would remain of the Standing Rules of the Senate, I hereby a vocal advocate for Americans with mittee, Senators McCAIN, LUGAR, DUR- appoint the Honorable KIRSTEN E. GILLI- disabilities. Since Senator Dole fought BIN, BARRASSO, COONS, TOM UDALL, BRAND, a Senator from the State of New for passage of the Americans With Dis- MORAN, and others, and especially Sen- York, to perform the duties of the Chair. abilities Act in 1990, barriers have been ator HARKIN, who is the father of the DANIEL K. INOUYE, lifted, helping people with disabilities Americans With Disabilities Act, lead- President pro tempore. in this country live the full and pro- ing the way on this issue. With their Mrs. GILLIBRAND thereupon assumed ductive life they want and deserve. help, I hope we can quickly ratify this the chair as Acting President pro tem- There is no finer example of the ex- treaty. pore. traordinary goals Americans can RECOGNITION OF THE MINORITY LEADER achieve in spite of their disabilities The ACTING PRESIDENT pro tem- f than Bob Dole’s inspiring career. In my pore. The minority leader is recog- mind’s eye, I can see Senator Dole on nized. RECOGNITION OF THE MAJORITY the Senate floor standing straight and FISCAL CLIFF LEADER tall, slim, and articulate—as I indi- Mr. MCCONNELL. Madam President, The ACTING PRESIDENT pro tem- cated yesterday, always with some- over the past few weeks Americans pore. The majority leader is recog- thing funny to say. But what people did have started to really focus on the de- nized. not notice was that one of his arms was bate we are having here in Washington

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

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.000 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15612 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 28, 2012 about how the two parties can work to- say is that ignoring those programs is In discussing the Medicare Part A gether to prevent a short-term eco- the surest way to guarantee their col- trust fund, for example, the Medicare nomic crisis in January and an even lapse. trustees report that expenditures for bigger budgetary crisis later on. So it All we are calling for is an honest this program have exceeded income may come as a surprise to many to see conversation. We all know these pro- every year since 2008, and projected ex- that with just a few weeks to go before grams are in trouble. Let’s figure out a penditures continue to do so every year a hard deadline on solving the short- solution. When it comes to entitle- until the fund becomes exhausted in term issue, President Obama has de- ments, Republicans are guided by a 2024, which is not that far away. cided to hit the road—hit the road— simple principle: We do not want Amer- What do the President’s own trustees this week to drum up support for his icans to age into a system that no think we should do about all of this? favored approach. It is hard to believe, longer exists. We do not want Ameri- This is from their report: really. I mean, every week he spends cans to age into a system that no The financial projections in this report in- campaigning for his ideas is a week we longer exists. We want to protect them dicate a need for additional steps to address are not solving the problem. It is com- and to protect people’s investment in Medicare’s remaining financial challenges. pletely counterproductive. The elec- them. But we can’t do it alone. Reform Consideration of further reforms should tion is over. He won. Congratulations. is something that can only be done by occur in the near future. Not some other day, now. We have a hard deadline here, however. both parties together. That is the re- He is still out on the campaign trail ality. And there has been a scandalous Again, these are the President’s own lack of leadership on this issue for kind of celebrating. This is a problem. trustees. They are the ones saying we If the President really wants to reach years among Democratic leaders in need to do something about the prob- an agreement, he needs to be talking Washington because they think it is a lem; not just me, the Medicare trust- with the members of his own party winner politically. ees. What I am saying is that the Demo- right here in Washington, trying to Yet Democrats are telling those on crats just won the election. Congratu- broker an agreement, not out there fir- the hard left, don’t worry about it, lations. Turn off the campaign and rec- ing up crowds and giving speeches. He don’t worry about it. They won’t do ognize the opportunity that divided anything to reform and protect theses is the only one who can do it, the only government presents to actually do one who can bring folks together to programs. For some reason these something to strengthen these pro- groups all applaud, as if this is some broker a consensus solution that can grams and protect them for future gen- pass a Democratic-controlled Senate as kind of an achievement—as if this is erations. That is all Republicans are some kind of an achievement, allowing well as a Republican-controlled House. asking for. Medicare, Medicaid, and So- This has been my message for weeks. I entitlements to crumble. That is the cial Security are critical to the eco- kind of leadership vacuum we have had reiterated it on Monday. I repeat it nomic and health care security of mil- today. on this issue from Democrats in Wash- lions of older, lower income, and dis- ington literally for years. Here is a There are some important points to abled Americans. We want to make keep in mind as well. Yesterday I came concrete example of what I mean. sure they remain viable not only for The Medicare Modernization Act re- to the floor to remind folks that we did today’s seniors but for their children not get here by accident. The only rea- quires Medicare trustees to send a and their grandchildren and that they funding warning letter whenever Medi- son we are even facing these twin cri- do not consume so large a share of Fed- care begins to rely on the Treasury for ses right now is because Democrats eral spending that we do not have the more than 45 percent of its financing. have spent taxpayer money with total money to pay for other necessities. abandon over the past 4 years and done Here are the facts, just the facts. The law then requires the President to nothing to address the main drivers of Longer lifespans and Federal spending submit a plan to Congress on how he the debt. patterns threaten the viability of all of plans to address the shortfall. The Our Democratic friends like to say these programs as well as the economic trustees issued their first such warning we cannot simply cut our way to pros- well-being of our country and our chil- back in 2007, and they have continued perity. Well, leaving aside for a mo- dren. Think about it. The number of to issue one every year since. President ment the fact that no one is actually Americans over the age of 65 will in- Bush submitted his plan. This Presi- proposing we do that, we cannot spend crease from 40 million in 2010 to 54 mil- dent has ignored the warnings every our way to prosperity either. That is lion at the end of this decade and then year he has been in office, every year. exactly what Democrats have been try- 72 million a decade after that. Ameri- Here is another example. In 2010 the ing to do for 4 years. We have been try- cans are living longer, more productive Director of the nonpartisan Congres- ing to spend our way to prosperity. It lives. That is great and a testament to sional Budget Office warned that ‘‘the has not worked yet and is not likely to modern health care here in the United single greatest threat to budget sta- work in the future. States, but it creates obvious chal- bility of the Federal Government is the This is not complicated. We are not lenges for which we need to prepare. growth of Federal spending on health in this mess because Washington taxes We cannot just let seniors age into care.’’ Yet how did President Obama too little, we are in this mess because promises that can no longer pay prom- and his allies respond to these warn- Washington spends too much. The ised benefits. It is not right. Yet al- ings about overspending on health American people know that. And we ready Medicare and Social Security are care? He increased Federal spending on are not going to get out of it until both paying out more benefits than health care by $580 billion. That was Democrats get serious about real they take in from taxes. Medicare and their response, to increase spending on spending cuts and meaningful entitle- Social Security are paying out more health care by $580 billion. That was ment changes. So this morning I would benefits than they take in from taxes their solution. like to speak in a little more detail now—not some other day, now. As for Social Security, the only thing about why it is that we need to The problem is particularly urgent in we hear from Democrats is that they strengthen and protect these entitle- Medicare, which paid out nearly $30 bil- don’t want to talk about it. Don’t want ment programs through reforms that lion more than it took in last year and to talk about it? Why in the world match them up with the Nation’s which is on the road to bankruptcy in wouldn’t they want to talk about the changing demographics. about 10 years—10 years from now, a fact that this vital program started Democrats like to pretend they are bankrupt Medicare. This is not spending out more than it took in in the great protectors of Social Security, alarmism. It is math. It is a fact. And 2010 for the first time in nearly 30 Medicare, and Medicaid. They make the studies that illustrate the gravity years, and that its trustees now esti- solemn pledges all the time about how of the problem come from members of mate that it will keep spending more they will not even entertain a discus- the President’s own Cabinet who serve than it takes in for 75 years unless we sion about reform. What they do not as the Medicare trustees. strengthen it?

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.000 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15613 But, again, it is not just a question of the primary consideration is ‘‘effi- But even this conservative figure is when these programs go broke, it is ciency.’’ He seeks to minimize con- 70 percent greater than the number of also about the strain they continue to cerns about this majoritarian power times the six prior majority leaders put on the rest of the Federal budget grab by characterizing the effect as combined—combined—shut their col- on their way to going broke. Look, I ‘‘tiny,’’ just a little change, a ‘‘minor leagues out of the amendment process. understand that when it comes to gov- change,’’ as changing the rules just a Our friend, the majority leader, cava- ernment spending, those on the hard little bit. lierly dismisses this unprecedented left have no limiting principle. No lim- But when one of my new Members blocking of Senators of both parties iting principle. They don’t think about asked the majority leader if this from offering amendments. He said this this. They think every dollar secured is change occurred what recourse he behavior has ‘‘no bearing on what’s sacrosanct forever and forever, amen. would have to ensure he ever got an going on around here.’’ It has ‘‘no bear- But when you are in charge, when you amendment to the bill, the majority ing on what’s going on around here.’’ are the steward of the Nation’s fi- leader quipped, ‘‘You can always vote Well, maybe in his mind it doesn’t, nances, you don’t have that luxury. against the bill.’’ In other words, my but that is a pretty convenient and, You are actually responsible. friend from Nevada acknowledged that frankly, self-serving attitude coming These are just a few of the ways in if this change occurred, the minority from the one who is picking the amend- which Democrats have been slowly un- will no longer have any ability to en- ments. It is a little bit bigger deal to dermining the very programs they sure that it and those whom it rep- the other 99 of us who don’t get to offer claim to champion, making it even resents have a meaningful voice in the any amendments, when our constitu- harder for us to reform and strengthen legislative process. ents elected us to be a meaningful them in the future. The good news is My new colleague was surprised, but voice for them. these challenges are neither unprece- I can’t say I was. After all, the major- Of course, that wasn’t the majority dented nor insurmountable. We have ity leader brazenly told Senator leader’s view when he was in the mi- done it before. When a President of one MCCAIN that ‘‘the days of amendments nority and had to live under that pro- party has decided to sit down with are over.’’ cedure. Senator Frist as majority lead- The record of the Democratic leader- leaders of the other party in Congress, er blocked his colleagues from offering ship, of course, backs this up. It is en- we have faced up to challenges such as amendments a relatively modest 15 gaged in a systemic effort to use and these and made the tough choices nec- times in 4 years—15 times in 4 years. abuse Senate procedures to essary to resolve them. Do you know what the reaction of my marginalize the voice of the minority In 1983, President Reagan worked friend from Nevada was when Senator in the legislative process. Let us review with Tip O’Neill to reach an agreement Frist did this a relatively modest num- the record. that increased the retirement age and It used to be unprecedented to use ber of times over 4 years? He said it laid the groundwork for preserving So- Senate rule XIV frequently. This rule was ‘‘a bad way to run the Senate.’’ He cial Security for decades to come. In allows the majority to bypass commit- said it was a ‘‘very bad practice.’’ He 1997, Medicare faced total insolvency tees and write bills behind closed said it ‘‘runs against the basic nature by 2001. President Clinton, working doors. Doing so deprives all Senators, of the Senate.’’ with a Republican Congress, reached an Republicans and Democrats, of the Well, if it was a bad way to run the agreement that added decades to the chance to have their committee work Senate, if it was a very bad practice, if life of the Medicare trust fund. actually make any difference. it ran against the basic nature of the We can do this. We can do this. But According to the Congressional Re- Senate to do it 15 times in 4 years, the President, as I have said, has to search Service, the majority has used what would be the fair way to charac- lead. That is the issue. It is that sim- this rule to bypass committees nearly terize the practice when it happened ple. 70 times—70 times. When Republicans nearly 70 times on bills, especially RULES CHANGES were last in the majority under Sen- when many of those never went Madam President, we have been hav- ator Frist, we used that rule less than through committee? Is it fair to con- ing a spirited discussion this week over half as often, only 30 times to be spe- clude that this sort of stewardship of the plans of the Democratic majority cific, which is a much lower rate, pro- the Senate might be more than just a to break the rules to change the rules. portionately speaking. few tweaks shy of how this institution, That is how my friend from Nevada re- When a bill that has bypassed com- which is supposed to protect the rights peatedly described it when Republicans mittee goes straight to the floor under of all Senators, including those in the considered doing something similar the current Democratic leadership, minority, is supposed to function? several years ago but wisely chose not there often isn’t an opportunity to par- But the current Democratic leader- to. ticipate there either. In fact, according ship wasn’t content to stop there in At the end of the following year, my to the Congressional Research Service, marginalizing the minority. Because friend was poised to become Senate the current Democratic leadership con- the minority isn’t allowed to offer majority leader, which was back in tinues to break records there as well. It amendments in committee and isn’t al- 2006. With the experience of having has blocked Senators from both sides lowed to offer amendments on floor, served in the minority in his mind, the of the aisle from offering amendments some of our Members began to put majority leader, the soon-to-be major- on the floor 68 times—68 times. That is forth legislative ideas by moving to ity leader, the Senator from Nevada, a conservative figure in which the ma- suspend the rules. made a commitment to practice the jority has simply made it impossible This wasn’t exactly a level playing Golden Rule, as he put it, by running for any Senators to offer any amend- field for us because of the requirement the Senate with respect for the rules ments on the floor. For if the Demo- in the Senate rules that motions to and for the minority rights the rules cratic leadership indicates it won’t let suspend the rules receive 67 votes to protect. us offer any amendments to a bill, and prevail. But even if the deck was Unfortunately, he appears to have re- in response we don’t allow the majority stacked against us, it was a chance for pudiated that clear commitment. Un- to get on the bill, then there is no tree us to put our ideas and those of our fortunately, he no longer recognizes, as to fill that shows up in the statistics, constituents before the body. Senator Byrd did, by the way, that the but there is a filibuster. Of course, the Well, of course, that was even too Senate was not established to be effi- filibuster statistic doesn’t indicate the much, too much legislative freedom for cient but to make sure minorities are reason for the filibuster in the first the majority. Even if the majority protected. place. Let me say that again. The fili- started with a 27-vote built-in advan- Then my friend recognized that is buster statistic doesn’t indicate the tage under the rules to defeat these what the Senate is all about. That is reason for the filibuster in the first motions, having to bother with them what he said back then. Now he says place. was just too much, just too much of a

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.000 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15614 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 28, 2012 bother. It got in the way of efficiency. breaking the rules to change the rules cial Security in anticipation of the So the majority leader used a simple that our Democratic colleagues will baby boomers’ arrival, we said: We will majority to change Senate procedure have to endure when they are next in collect more money while they are still to shut down the minority there too. the minority. working so we can take care of them Even that is not enough. That is not Now, what we should be doing, when they arrive in large numbers enough. The same Democratic leader- Madam President, is we should work after they retire. ship now wants to take away the right together on a bipartisan basis to re- That is exactly what has occurred, to extend the debate on motions to pro- solve our respective differences. That with 10,000 people turning 65 yesterday ceed to a measure. Don’t worry, they is what the Standing Rules of the Sen- in America, 10,000 today, 10,000 tomor- say. Don’t worry about it. Trust us, ate anticipate, and that has been how row, and 10,000 a day for the next 18 they say. We would never take away changes to Senate rules have occurred years. The boomers have arrived, hav- the right to extended debate on the in the past. We can reach agreement, ing paid a lifetime into Social Secu- measure itself. as previous majority leaders have done, rity, and, rightfully, they expect their Really? Really? In light of the sys- without making the Senate irrelevant. coverage to be there when they need it. temic effort to marginalize the minor- The time for the majority leader and It will be. But beyond the 21 or 22 years ity at every turn, are we supposed to myself to discuss these matters has of solvency and longevity, I believe we believe that the current majority won’t come. should take a step further. subsequently cite ‘‘efficiency’’ as a rea- Madam President, I yield the floor. Having studied this for some time— son to take away that Senate rule as RESERVATION OF LEADER TIME the Simpson-Bowles Commission and well? Are we supposed to believe this The ACTING PRESIDENT pro tem- other places—I think it is thoughtful assurance when the Democratic leader- pore. Under the previous order, the and perhaps careful for us to take a ship so easily discards past unequivocal leadership time is reserved. look at the future of Social Security commitments to respect the rights of and that we need to create something ORDER OF PROCEDURE the minority? like the Simpson-Bowles Commission On the record of this Democratic Under the previous order, the fol- on Social Security to report back to us leadership, there is no basis, none, to lowing hour is equally divided and con- in 6 or 8 months with a plan to increase believe that the proposed changes are trolled between the two leaders or the longevity of Social Security for 75 ‘‘tiny,’’ that they are ‘‘minor,’’ that their designees, with the majority con- years. I think we can do that, and we they would affect the Senate just ‘‘a trolling the first half. can do it in a sensible way since we little bit’’ or that they would stop The Senator from Illinois. have 20 years to make small changes there. To my colleagues who have ENTITLEMENT PROGRAMS and then let them play out to give sol- never served in this body in the minor- Mr. DURBIN. Madam President, the vency to Social Security. We can then ity, who have never served under dif- minority leader, Senator MCCONNELL, bring the issue to the floor and let bi- ferent leadership, this is not how the has addressed two issues: the entitle- partisan groups of Senators offer alter- Senate is supposed to function. ment programs as well as rules natives, if they wish. To my Democratic friends in par- changes. I would defer to my colleagues But let’s do this on Social Security ticular who have never served in the from New Mexico and Oregon to ad- separate from this deficit and debt de- minority but no doubt will at some dress the rules changes. I would like to bate. Social Security does not add one point, are you prepared to live under briefly respond to Senator MCCONNELL penny to the deficit. It is an important the rules you are now demanding? Are on entitlements. program, a critical program. Let’s take you prepared to be shut out from even There is no question that as a Senate care of it in the future, but let’s do it offering amendments when the shoe is and House of Representatives we separate from the debt debate. on the other foot? should address the longevity and sol- Medicare is another story. Medicare We in the minority cannot fairly ex- vency of Social Security and Medicare. has 12 years of life left. Let me make a pect the majority to allow us to offer It should be part of our conversation point of saying it has 8 of those years every amendment we wish to a bill. I about the deficit facing this country because of President Obama’s leader- understand that. We need to exercise and the debt of our Nation. But the ship. He said: We will reduce the reim- self-restraint and good judgment as way we approach it, the changes we bursement to providers under Medicare well. We know we will not get every make, are significant. It should be over the next 10 years because we are amendment we wish to offer. But the looked at carefully. going to increase the number of people majority cannot prevent us from offer- On the issue of Social Security, I under health insurance coverage under ing amendments in committee, block might remind those following this de- ObamaCare. As we reduce the com- us from offering amendments on the bate that the answer from the Repub- pensation to providers, we will buy floor before cloture, and change Senate lican side for years has been to pri- more life for Medicare. And we did, lit- procedure so it can rule out of order vatize Social Security; to get govern- erally—12 years. We need to do more; 12 motions we want to offer after cloture ment out of the business of retirement years is not enough. and then turn around and assert that and let individuals take their life sav- What I said yesterday and will repeat these systemic practices ‘‘have no ings in Social Security and invest today is we cannot come up with a so- bearing on what’s going on around them. That debate disappeared when lution on Medicare in the next 2 or 3 here.’’ That is an abdication of respon- we had a recession recently—in the last weeks. We shouldn’t even try. It is too sibility. 7 or 8 years—and people saw their life important, it is too serious when it I would encourage my friend the ma- savings evaporate, melt away, as a re- comes to this fiscal cliff debate. But jority leader not to employ a heavy- sult of downturns in the stock market. Medicare entitlement reform should be handed procedure. With the House of They started envisioning what would part of our conversation over the next Representatives in control of Repub- have happened had they retired at that 10 years in deficit reduction. Let’s find licans, it is important to note here, moment in time with their Social Se- a way to do it that does not reach the what short-term advantage would be curity savings. So the Republican an- extreme of the Paul Ryan budget, gained by all of this nuclear option ac- swer of privatization of Social Security which created premium supports which tivity? The House of Representatives is is a nonstarter and never mentioned in literally foreclosed opportunities for in the hands of my party. So you will polite company in these times because seniors to have Medicare coverage have degraded the Senate, created a it is not a credible position. when they needed it the most. bad precedent for the next time you are My belief is Social Security has per- Let me also add to my colleague’s in the minority, and sent measures to formed admirably since its creation comments that the notion about ex- the House nowhere. But in the long under President Franklin Roosevelt. I tending the eligibility age for Medicare term it will establish a precedent for can recall in 1983, when we revised So- is one we ought to think about long

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.000 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15615 and hard. To think a person would re- sidered the world’s premier delibera- summer over the Tax Reform Act of tire at the age of 64 or 65 and not have tive body, can actually discuss and de- 1976. There were no cameras on the Medicare coverage until 67 raises an cide things in this modern era—a mod- Senate floor, no e-mail, so I would run obvious question. These people in their ern era that has seen unlimited paral- down and meet Senator Hatfield out- midsixties, probably with a health his- ysis, with huge hurdles placed in the side of the elevators and brief him on tory, will find it difficult to buy health way of addressing the large issues fac- each amendment. I watched as every insurance on the open market or afford ing America. hour or hour and a half an amendment whatever is available. I want to make The last couple of days we have heard was brought up, it was debated in this sure there are no gaps in coverage for a lot of passionate terms—terms such body, and it was voted on. There was those who need it the most—retired as power grab and suppression of mi- no filibuster of a motion to proceed. Americans who have a health history nority rights, broken promises or abuse There was no filibuster of amendments. and can’t find affordable health insur- of the rules. I must say all of those al- There was no 3-week deep freeze during ance. So before we jump at the notion legations create a smoke screen de- the negotiation of what amendments of increasing the eligibility age for signed to take away from thoughtful would come up because it was under- Medicare, let’s make certain there are conversation about a broken system, stood we were here as a majority body insurance exchanges, good competi- about the dysfunction of the Senate. to debate issues. tion, and affordable health care avail- So let’s take a step back and recognize The filibuster would be a rare excep- able for those seniors. That should be that the goal of this discussion about tion, occurring once or twice in one’s part of the conversation about this en- rules is to simply enhance or restore career, when someone would stand and titlement reform. the ability of this body to deliberate say: There is a principle so profound at Let’s get to entitlement reform, but and decide issues. stake, an interest of such concern to let’s start where we should. Let’s bring Perhaps during the time we have the me personally, to the Nation, or to in the revenue and taxes needed for def- honor to serve in this body we will be citizens of my own State that I am icit reduction. That is the President’s able to once again claim that we are going to break and interfere with the plan. We sent a bipartisan bill to the the world’s greatest deliberative body. majority decision and hold this floor House—a bill passed in the Senate—to The conversation often starts with the and make my case before the people. protect every American family making Constitution and about the design of But that is not what we have now. So $250,000 or less so that they have no in- this body as being the cooling saucer, there are various ideas being put for- crease in their income taxes on Janu- as President Washington was alleged to ward on how we can restore the fili- ary 1 after the cliff. It is in the hands have claimed. And, indeed, the early buster as something that happens in of the Speaker of the House. He could debate over this body did say let’s take front of this Chamber, in front of the call it today. He could pass it today. I a longer term for Senators—6 years public; that there is accountability and hope he will. That is what the Presi- rather than 2—so they are more insu- transparency that facilitates debate. dent is asking. lated from the public debate. Let’s Rather than throwing accusations What we are also saying is those who have the indirect election of Senators. about abuses of power, let’s just have a have lived the American dream, have States used to have a legislative proc- thoughtful debate about how to make been successful and blessed with wealth ess to decide who would represent them this Chamber work. and a good position in America, should in the Senate rather than direct elec- One question is whether we should be willing to give a little more in taxes tion. Let’s do that so there is a little have filibusters on the motion to pro- so another generation would have a more insulation for Senators to be able ceed. I have a little chart that shows chance to attain that American dream. to thoughtfully consider issues, where- what has happened. It used to be un- Asking those in the highest income as the House might be a little rash. heard of that the motion to proceed categories to pay a little bit more to But, colleagues, there is a huge dif- was filibustered. In the time period be- reduce our deficit is not unreasonable. ference between being a cooling saucer tween about 1930 and 1970 the motion to It is the President’s starting position, and a deep freeze. Indeed, we have be- proceed was only filibustered 12 times and should be, before we get into seri- come a deep freeze. or roughly once every 3 to 4 years. ous discussion about deficit reductions Let’s take a look at this first chart. What we have here is 57 filibusters in over the long period. This chart essentially shows the rise in 2007–2008 of just the motion to proceed. I will now yield to my colleagues and the number of cloture motions. If you In other words, we see this growing thank them for their leadership. I will can’t see the details, what you can see trend of trying to paralyze the Senate say, as a way of introduction, what the is the trend of this great soaring num- from even getting to a debate on an Republican Senate leader failed to ber. I think what captures attention is issue. This makes no sense because mention, which that in the last 6 years that during the 6 years Lyndon John- whatever one is filibustering at the we have had no fewer than 386 filibus- son was majority leader in this body he front end one can do at the back end. ters on the floor of the Senate. Senator had to file just one cloture motion— So we need to consider the possibility MCCONNELL, as their leader, has led us just one—in order to get to a final sim- of saying, no, this does not enhance de- into more filibusters than ever in the ple majority vote. bate. history of the Senate. That is why During the 6 years that Senate Ma- Filibustering to prevent the Senate most people who tune in to C–SPAN jority Leader REID has presided here we from debating cannot possibly enhance and look at the Senate floor say: Where have had 386 filibusters. Realizing that debate. So we need to be thoughtful are the Senators? Why aren’t they here each one can consume a week of the about whether we continue this working? We have been stuck in Repub- Senate’s time, we quickly see the pa- change, this change that has emerged lican filibusters to a record level. ralysis that has invaded this body. since 1970. What my colleagues are addressing is When Members talk about the frus- We need to look at the problem of a way to avoid that in a sensible man- tration of not getting to appropriations motions being filibustered going to ner which could apply to either party bills and how few of them we have con- conference committee. A conference in the majority or the minority. sidered and debated, we know why. It is committee is a chance to negotiate The ACTING PRESIDENT pro tem- because of the incessant, day-in-and- with the House on a bill that has been pore. The Senator from Oregon. day-out filibusters launched by mem- passed by both bodies. Why should we SENATE RULES CHANGES bers of the minority. This must be ad- possibly obstruct a bill from getting to Mr. MERKLEY. Madam President, I dressed. conference committee? Yet we rarely am pleased to be here with my col- I first came to the Senate to observe have a conference committee now be- league from New Mexico, Senator TOM this Chamber in 1976. I was an intern cause of the routine threat to filibuster UDALL, to talk a little about the issue for Senator Hatfield. I sat in the staff the motions necessary to get to con- of how this body, which was once con- gallery and covered the debate that ference committee. Yes, we should still

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.000 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15616 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 28, 2012 be able to debate and filibuster what Left Behind Act or dealt with edu- was here earlier. I know the time has comes back from conference com- cation. So all of those issues are front been equally divided. It was shortened mittee. Absolutely. But to prevent ne- and center. As we know, the last couple a little bit with Senator DURBIN’s talk gotiations—again, that doesn’t seem of years, because of the filibuster and at the beginning of our half hour. At reasonable in any frame other than to because of the delay and because of the this time, I yield for Senator MURRAY’s paralyze this body, which is paralysis obstruction we have had go on, we remarks. not about debate, it is about pre- haven’t been able to get to those The ACTING PRESIDENT pro tem- venting debate. issues. And I think Senator MERKLEY pore. The Senator from Washington. I put forward the notion of the talk- has experienced what I have when we Mrs. MURRAY. Madam President, I ing filibuster. That is simply to say have talked to our friends on the Re- thank my colleagues. that the American people believe that publican side—they agree it is not We have been hearing a lot recently if you are going to object to a simple working. about the inability of our Nation’s majority vote and say there should be Really what we are trying to do is elected officials to come together on a more debate, then there should be more come up with commonsense proposals balanced and bipartisan budget deal. debate—more debate on this Chamber such as the Senator has talked about Here in Washington, DC, this issue is floor. So I am proposing that after clo- to make the Senate work. The first one often viewed through the prism of par- ture, when you have a majority but not is very simple. It is to make sure that tisanship and political point-scoring. a supermajority, that Members be re- the motion to proceed to a bill will not The conversations and the coverage quired to actually debate. I can tell my be debatable. We are talking about not are very focused on the moment that colleagues that the public reaction to allowing filibusters on the motion to we are in—this debate, the next few this is so strongly in the affirmative. proceed because, as we have seen on weeks, the next year—but for families And there are other ideas being put for- the chart here, we are in a situation who are sitting around their tables and ward that merit thoughtful consider- where we now cannot even get on the in communities across America, this ation. bills. So this is a commonsense pro- issue is about a lot more than that. It Today the minority leader said the posal. is about their lives and their futures. It test should be whether you feel as One of the other areas we are trying is about tough questions too many of though a proposal would work when to address deals with conference com- them have to ask themselves every you place yourself in the minority. mittees. There are three debatable mo- day: Will they be able to afford to stay Both Senator UDALL and I have ex- tions—three motions that can be fili- in their homes? Will they get the sup- pressed that very position from the be- bustered to get us into the conference port they need to get skills and get ginning of this conversation 21⁄2 years committee. We have not gone to con- back on a job? Are they going to be ago, that whatever we support on this ference as a result, and so we don’t re- able to send their kids to college or go floor needs to be something we would solve differences between the House to the doctor when they get sick? Is accept in the minority, and that means and the Senate—another important Medicare going to be there for their it enhances debate and dialog without area we could reform and really make parents or for them or for their chil- crushing in any way the right of the the process work much better. dren? Are their taxes going to go up minority to be heard. The final one is one Senator next year? Madam President, at this moment I MERKLEY and I have worked on. Sen- Those are the questions they are ask- yield the floor for my colleague from ator Specter, a Republican who at the ing, and they want their elected offi- New Mexico, who has done a spectac- very end of his career became a Demo- cials to come together around real an- ular job at framing that we have a re- crat, talked about it as the talking fili- swers and real solutions and smart sponsibility to American citizens to en- buster. He said: If you are going to ob- policies that work for families like able this Chamber to work and that we ject, if you are going to slow down the theirs. have an opportunity at the start of Senate and prevent the Senate from These are the people I am fighting for every 2 years to have a thoughtful and doing anything, you should have to as we work toward a balanced and bi- considerate debate on how to fulfill come down here and talk about it. partisan deal in this lameduck session that responsibility. That is really the essence of what we of Congress. Those are the questions I The ACTING PRESIDENT pro tem- are trying to do—shift the burden onto feel very strongly we need to be an- pore. The Senator from New Mexico. the people who are obstructing to say: swering. That is why I am absolutely Mr. UDALL of New Mexico. Madam Come down here and talk about it. And focused on making sure any deal we President, I ask unanimous consent as Senator MERKLEY has said several make over the next few weeks works that the remaining time on the Demo- times, it could be that what you talk for middle-class families and for our cratic side be equally divided between about, you become a hero or you be- seniors and for our country, and that is Senator MURRAY and me. come a bum in the eyes of the Amer- why I have been very clear that I will The ACTING PRESIDENT pro tem- ican people. But the reality is that the not sign on to a deal that throws the pore. Without objection, it is so or- Senate is deliberating, the Senate is burden of deficit reduction right on to dered. doing its work, the Senate is engag- the backs of families and communities Mr. UDALL of New Mexico. Madam ing—we are engaging each other and who have already sacrificed so much. President, I say to Senator MERKLEY, having a debate about those particular As cochair of the Joint Select Com- who has been a good friend and partner issues. mittee on Deficit Reduction last year, on this issue of filibuster reform, I I think these are commonsense pro- I made it very clear: Democrats were couldn’t agree more with his comments posals, and the minority should under- willing to compromise, we were willing and with the kinds of things he has stand that we have thought through to make some tough concessions, but been talking about: commonsense pro- these proposals in such a way that if only in the context of a balanced and posals to make the Senate work. we were in the minority, we could live fair deal that called on the wealthy to What Senator MERKLEY and I have with them. That is the crucial fact pay their fair share as well. As we all been talking about is the way we can here. We are not trying to ram some- know, Republicans didn’t just refuse to have the Senate do the work of the thing through that we couldn’t live meet us halfway then, they wouldn’t American people. We just went through with in the minority. I believe this even step out of their corner. They in- an election. We know our States are place can work a lot better and we can sisted that seniors and the middle class hurting. People want to create jobs. do a better job if we just work with feel all of the pain in that deal and They want us to deal with health care each other and try to come up with that the wealthiest Americans—mil- costs and make sure there is quality rules and not abuse the rules. lionaires and billionaires—be protected health care. On education reform, we My colleague and our leader, Senator from paying a single penny more in haven’t even reauthorized the No Child MURRAY, has joined us. Senator DURBIN taxes.

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.000 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15617 Democrats rejected that deeply un- 97 percent of small business owners and plan. Our economy has rebounded far fair approach, and we decided to keep just let the tax cuts for the wealthiest more slowly than it did following pre- fighting for the middle class rather Americans expire as scheduled. We vious recessions. As a nation we simply than roll over and let Republicans lock have sent that bill over to the House cannot afford another recession right in new giveaways to the rich and major now. The President said he would sign now. cuts to programs on which our families it. All House Republicans have to do is It would be especially tragic if there depend. And then we made our case to pass that bill, and a significant chunk were a recession caused by a failure of the American people. We built our of the fiscal cliff will disappear for the leadership coming out of the White campaigns from the top to the bottom middle class. When that is done, we House. That is what we are trying to around the idea that budgets need to will then continue the serious con- avoid, and we have a very limited work for our middle class and that the versation we need to have about our amount of time to do it. wealthy need to pay their fair share. country’s budget future. As chairman of the Republican policy The Republican approach—the Ryan But there is no reason middle-class committee, we have come out with a budget plan—was literally on the bal- families should have to go into the policy paper called ‘‘On the Fiscal lot, and Romney and RYAN and other holidays not knowing if their taxes are Cliff, Entitlement Reform Is Key’’ be- Republicans were not shy about telling going to go up. Democrats and Repub- cause what we see is that no amount of the American people they didn’t think licans both agree that the middle class tax revenue will fix entitlement spend- the rich should pay a penny more in should have their tax cuts extended. So ing when we look at the history of the taxes in this deal. Well, not only did there is no reason the House should United States. Over the last 40 years Democrats win races across the coun- continue holding that bill and the mid- the average amount of tax revenue was try, but in exit polling it was clear dle class hostage. a little over 18 percent of the gross na- that the vast majority of Americans By the way, one conservative Repub- tional product. The highest ever was a supported our approach to deficit re- lican in the House agrees. Representa- little over 20 percent of the gross na- duction—a balanced approach, an ap- tive TOM COLE of Oklahoma told his tional product. Yet when we take a proach that cuts spending responsibly colleagues and reporters yesterday: look at the tidal waves coming at us of but also calls on the wealthy to pay ‘‘The first thing I’d do is make sure we Social Security and Medicare, unless their fair share. Voters spoke pretty don’t raise taxes on 98 percent of the we deal with those two tidal waves we clearly in this election, and they stood American people.’’ He said that was are going to significantly have prob- behind Democrats to fight for a budget ‘‘the right thing to do’’ and that lems long term, and that message to deal that works for the middle class. ‘‘where there is common ground . . . the markets is going to be one that is We are hearing encouraging words we should seize that common ground.’’ quite destabilizing. from some of our Republican col- I applaud Representative COLE for that Tax increases do not solve the spend- leagues who have indicated a willing- commonsense and brave position. I am ing problem. If we do what the Presi- ness to put revenue on the table and to hopeful that he can persuade other Re- dent requests, which is raising tax break the stranglehold DC lobbyist publicans to do the right thing for our rates on people with over $200,000 a Grover Norquist has on the modern Re- families, small business owners, and year of income, in terms of spending publican Party. One of my Republican communities across the country who for next year that would pay for about Senate colleagues said Republicans have so much at stake and who are 6.8 days. If we did it at the other level should ‘‘put revenue on the table . . . looking to us to solve this problem. I of over $1 million of income as some We don’t generate enough revenue.’’ am hopeful they will join Senate suggested, it would only pay for 4 days And he said he would not be beholden Democrats and pass that middle-class of spending. to the Norquist pledge. tax cut, and I am confident that once I am very concerned about what I Another has said: we move forward on that bill, then call the fiscal cliff. Yesterday, Politico The world has changed. And the economic both sides will sit down and listen to reported that some Democrats want to situation is different. Ronald Reagan and Tip the American people, allow the call it the fiscal slope. It is time for O’Neill realized that in the 1980s. I think ev- wealthy to pay more, and then focus on Democrats in Washington to stop erything should be on the table. the questions families are asking searching for better sound bites and Another said: about—our budgets, our priorities, our start looking for solutions. I’m not obligated on the pledge . . . The fiscal health, and the future of the Na- President Obama has said repeatedly only thing I’m honoring is the oath that I tion. that he wants to take a balanced ap- take when I’m sworn in in January. Madam President, I yield the floor. proach. This balanced approach should Another Republican Senator recently THE FISCAL CLIFF govern how we deal with other issues said: Mr. BARRASSO. Madam President, I as well and how Democrats work with I care more about my country than I do rise today to talk about the fiscal cliff Republicans in the Senate. Given the about a 20-year-old pledge. If we do it his this country is facing and is coming challenges we face, it is unfortunate way, then we’ll continue in debt. upon us on January 1. As my col- that some of the President’s closest al- Of course, Grover Norquist is fighting leagues have been pointing out, Con- lies in the Senate are for pushing the back. He called those statements by gress must act soon to take on the nu- exact opposite approach. my Republican colleagues impure merous expiring tax provisions in the RULES CHANGES thoughts; he called one of them a wea- sequester. I believe President Obama The majority leader and some mem- sel. He is used to blind allegiance from needs to supply the leadership in those bers of his party have now proposed the Republican Party, and he is not efforts. If he does not, we know taxes what would be an unprecedented power going to take this lying down. But I am are going to go up on all Americans; we grab that will forever change this hopeful that more and more Repub- know the economy is going to be Chamber’s rules. It will make it easier licans will break away from Grover thrown back into a recession; and we for the political majority to silence Norquist and that they will actually know unemployment will return to those who disagree with them and even follow up on their new rhetoric with a even higher rates than we have right harder to find common ground. I am genuine willingness to help us call on now. speaking, of course, about the Demo- the wealthy to pay their fair share. Our recovery from the last recession cratic plan to change the rules of the And it should be easy for them because has been far too sluggish. We see that Senate to drastically limit the use of the Senate actually has already passed all across the country. It has left too the filibuster. a bill to do that and in a way that many Americans still out of work. I believe the majority leader would works for our middle class. The Senate Today our economy has created 9 mil- take a dangerous step toward abol- passed a bill that would extend the tax lion fewer jobs than we were promised ishing the rights of the political minor- cuts for 98 percent of our workers and under the President’s own stimulus ity and restricting the right to free and

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.000 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15618 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 28, 2012 open debate. They seem to want to Restricting the right to debate would Every Member must possess it, or he can break the rules to change the rules, seriously undermine the ability of Sen- never be secure that himself and his con- and I believe it is fundamentally wrong ators to keep that watchful eye. It will stituents shall not be sacrificed by all the to break the rules in order to change lead to more bickering, more bad rest. the rules. This would be a terrible mis- blood, and more bills being written by That was centuries ago. Sixteen take and a irresponsible abuse of one party behind closed doors. There years ago, Senator Robert Byrd spoke power. The rules of the Senate ensure a will be less transparency, less consider- to the newly elected Members of the balanced approach to debating impor- ation of the unintended consequences Senate about the history of this body. tant matters such as the fiscal crisis. in bills and less open discussion for the He said: Among these rules, filibuster is criti- American people to see. As long as the Senate retains the power to cally important. The filibuster is not just about stop- amend and the power of unlimited debate, The filibuster was created so that ping bad ideas. More often it is about the liberties of the people will be secure. competing groups of Senators would amending bills to make them better. It Through his excessive use of filling actually have to work together to find is about taking the time to have the the tree, the current majority leader responsible solutions—not solutions reasoned discussion that the Founders has gone a long way toward gutting the based on one political ideology or the knew we should be having. It is about power to amend. The proposals he has other. maintaining the balanced approach the now made to do away with the power of Back when he was a Senator, Presi- President is calling for in these impor- unlimited debate would do even greater dent Obama understood the need for tant talks on the fiscal cliff. It is about harm to the liberties of the people. rules to protect the rights of political giving members of the minority and Many Senators here today were not minorities. In 2005, then-Senator the people they represent a chance to around 16 years ago to hear that speech Obama said: offer their solutions. by Senator Byrd, but I hope all of us on If the majority chooses to end the fili- Instead of allowing that measured both sides of the aisle take his warning buster—if they choose to change the rules approach the Founders intended, what to heart. and put an end to democratic debate—then we are seeing is the majority leader If Members on the other side of the the fighting and bitterness and the gridlock has already done an awful lot to limit will only get worse. aisle are frustrated with how the Sen- debate. He has already restricted the ate is being run, look at how the ma- Another former Senator was Vice rights of minority Senators and the jority leader has set the calendar and President BIDEN, currently the Presi- people they represent. He has bypassed cut off amendments. Don’t take this dent of the Senate. He agreed. He said: committees at an extraordinary pace, terrible and irresponsible step. We are At its core, the filibuster is not about stop- and he has made unprecedented use of ping a nominee or a bill, it is about com- not only arguing about the rights of the parliamentary trick known as fill- the Senators to speak, we are not just promise and moderation. ing the tree. At the time, in 2005, some Repub- talking about maintaining rules for Senator REID has filled this amend- their own sake, or even the terrible licans wanted to vote on well-qualified ment tree 67 times since he has been judges despite Democrats’ insistence precedent that would be set under the majority leader. That is more than proposal of the majority leader. We are not to. They believed we needed to twice as often as the four previous ma- talking about the rights of the people change the Senate rules to get these jority leaders combined. Now the ma- we represent, the right to be heard in votes. Back then, Democrats called jority leader wants to cut off debate the Senate. this the nuclear option. That is be- and abolish the filibuster. He wants to The Senators who are so eager to cause of the damage it would do to the change the rules by breaking the rules. change our rules by breaking the rules balance and compromise in Wash- He would set the precedent that just 51 should not be so eager to take away ington. Today some of those same Senators could band together to the rights of the American people Democratic Senators are preparing to change any rule of the Senate at any whom those rules were designed to pro- use this nuclear option themselves. time. Currently, it takes 67 votes to tect. The cost is simply too high. We Anytime one party or group is frus- change the rules of the Senate. In Jan- have too much important work to do in trated with the Senate’s inefficiency, uary it might be filibusters on motions the Senate. We should be focused on there are always calls to change the to proceed. Then when the majority rules. The frustration is natural, but it gets impatient on something else, it doing all we can to avoid the fiscal is also intentional. Our Nation’s might change the rules again. cliff, to grow our economy, and to cre- Founding Fathers purposely made the President Obama recognized in 2005 ate the jobs the American people need pace of the Senate deliberate. They the damage that this kind of chipping and deserve. wanted to make sure there was free de- away at minority rights would do to I yield the floor. bate on important subjects. That is prospects for compromise. If Senate The ACTING PRESIDENT pro tem- what has happened now for more than Democrats succeed now, they will de- pore. The Senator from South Dakota. 200 years. stroy, for temporary political gain, any Mr. THUNE. I want to echo the words Way back in 1789, the very first ses- hope of achieving a truly balanced so- of my colleague from Wyoming with sion of the first Congress, Senators lution to the challenges we face as a regard to the whole issue of the Senate used the rules to slow down one of the nation. rules. I come from the House of Rep- first votes this body ever took. Natu- Our political system functions on resentatives. I came to the Senate hav- rally, there were complaints at the majority rule but with strong minority ing first served in the House of Rep- time about the delay. The father of our rights. That is true when the minority resentatives, three terms there. The Constitution, James Madison, ex- is outvoted 51 to 49 or 99 to 1. Democ- House of Representatives, of course, is plained the importance of the rules racy is not winner-take-all. The right very structured. There is a Rules Com- that allowed the brakes to be applied to debate is not a luxury for the major- mittee. If someone wants to get an to policymaking. He wrote: ity to hand out. It is essential to our amendment considered, debated, voted If angels were to govern men, neither ex- system of government. Majorities are on in the House of Representatives, ternal nor internal controls on government temporary. Being forced to listen to there is a process. They have to go would be necessary. someone give an opinion you disagree plead their case to the Rules Com- Angels have always been in very with can be exasperating, but as a mittee. short supply in Washington, so voters country it does us more good than The Rules Committee can decide, no, must keep an eye on government offi- harm. we are not going to allow that amend- cials and hold them responsible. Those Way, way back, John Adams wrote ment to be considered; we are not officials must also keep close watch on on the need for minorities to have the going to allow that amendment to be each other. At times they must be able ability to stop the majority in the leg- debated. They can decide which amend- to stop each other from doing harm. islature. He said: ments are offered in what order and

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.000 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15619 how much time is allowed on each the right thing and to go about this in in spending, so we were still running a amendment. It is a very structured the right way; that is, for the leaders deficit of about $200 billion a year. For process in the House of Representa- to consult, and if there is a need for fiscal year 2012, which recently ended, tives, but it makes it very difficult for changes in the rules or modifications, total Federal revenue was $2.45 trillion, an individual Member to be able to let’s do it in the way it has always been basically back to the prerecession lev- have their voice heard in the House of done, not by breaking the rules or els, but total Federal spending was Representatives. changing the rules. above $3.5 trillion. So what happened. That is the way it works. I had the FISCAL CLIFF Tax revenue is back to where it was be- luxury, I guess, while I was serving Madam President, I wish to speak as fore the recession, but Federal spend- there of being in the majority. But well to the issue that was raised by my ing is now $800 billion—almost $1 tril- even in the majority a lot of times I colleague from Wyoming; that is, the lion—higher than it was just 5 years could take what I thought was a very fiscal cliff. We are on the threshold of ago in fiscal year 2007. It is no wonder worthwhile amendment, reflective of something that could be very harmful that Federal spending and our national the views of the people who sent me to the economy of this country, very debt will continue to grow for the fore- there to represent them, and they harmful to jobs. If we go over the fiscal seeable future. could shoot it down. I never got a cliff, the experts are telling us—and by According to the CBO, mandatory chance to have that amendment de- the experts I mean not only private spending, which comprised about 60 bated or voted on. economists but the CBO and others in percent of total Federal spending in That is what is distinctive about the Washington, DC, who analyze and fiscal year 2012, is going to continue to Senate. That is what the Founders in- study such things—that we could grow, and if we look at what is driving tended with the Senate—to allow for plunge the country into another reces- that, it is Medicare, Medicaid, and So- open debate, to allow individual Mem- sion, we could see unemployment go cial Security. Those programs alone bers to come down to represent their above 9 percent if tax rates go up and represent over 40 percent of Federal constituencies and to debate the big a sequester is triggered a little more spending currently. Spending on these issues of the day in a way that is dif- than 1 month from now. Longer term, programs is projected to grow at an ferent and distinct from the House of we place unsustainable fiscal imbal- unsustainable rate and we cannot sim- Representatives. ances largely because of entitlement ply raise taxes to pay for all this new I think what many of my colleagues programs that have not been reformed spending. That is the problem. We have who are proposing this rules change in a way that aligns our current demo- a spending problem in Washington, DC, want to see happen is they want to see graphics with the needs of these pro- and not a taxing problem. the Senate function more like the grams. We have to make significant changes House. It was not designed to. This is a Entitlement spending is the largest in these programs to make our Federal very different place. It was designed to driver of our national debt over the entitlements sustainable and in line be a very different place where we have long term. Those who argue that we with today’s demographics, and we debate, where we have votes on amend- can dig our way out of more than $16 need Democrats to join us in that ef- ments, where individual Members have trillion in debt simply by raising taxes fort. an opportunity—particularly members are ignoring reality. We have to do To put a fine point on all that, I wish of the minority in the Senate—have an something to address what is our real to mention what the nonpartisan Con- opportunity to have their voices heard problem in Washington, DC; that is, gressional Budget Office report, which and the voices of their constituents the spending problem, not the revenue was issued on November 12 of this heard. problem. While it is true Federal rev- year—just a couple weeks ago—said: So this is an unprecedented power enue has declined over the past few ‘‘With the population aging and health grab by the majority. What the major- years, it is due to the great recession, care costs per person likely to keep ity leader is proposing is essentially to not because tax rates are too low. The growing faster than the economy, the break the rules to change the rules. average ratio of Federal revenue to United States cannot sustain the Fed- That will be a legacy, if he is success- GDP over the past 40 years has been eral spending programs that are now in ful, that he will have to live with be- about 18 percent. According to the Con- place. . . .’’ cause he will change the way that this gressional Budget Office most recent That is from the Congressional Budg- institution has functioned for so long. forecast, under the current tax rates— et Office. If we think about how this ought to be the tax rates in place today—revenues The President’s own fiscal commis- done, there is a process by which rules from 2013 to 2022, the next decade, sion, the Simpson-Bowles Commission, changes can be considered in the Sen- would average roughly 18 percent of noted in its official report: ‘‘Federal ate, and it starts with the leaders con- GDP. health care spending represents our sulting and talking about whether So let’s be clear about exactly what single largest fiscal challenge over the some of those changes ought to be put the CBO is saying. The CBO is telling long run.’’ in place, whether those are appro- us Federal revenues will return to the Earlier this month, the Washington priate, and then getting the necessary historical average over the next 10 Post editorial board said, ‘‘Entitlement two-thirds vote that is required under years without raising taxes on anyone. reform must be on the table.’’ the rules of the Senate to change the We are going to get back to the histor- Of the debt reduction plan, the Post rules. ical average. In fact, according to the editorial board went on to say, ‘‘No se- The Senate is a very different place CBO, under the current tax rates, reve- rious plan can exclude entitlements.’’ from the House of Representatives. nues as a percentage of GDP will reach So we have experts inside and outside What we do ought to reflect that. We 18.6 percent by 2022, and that is more the government, we have the editorial should not have these power grabs and than one-half of a percent higher than boards of newspapers around this coun- attempts to violate the rules of the the historical average. try, all recognizing what the real issue Senate in order to change the rules in Clearly, any deal to address our fiscal is; that is, the fact that Washington a way that is completely inconsistent situation should be first and foremost spends too much and it spends too with the history and the tradition in about spending, not taxes. Our spend- much on programs that are the Senate. What the Founders in- ing problem is exemplified by the past unsustainable for our future. tended when they created the Senate, few years in particular. If we go back What we have to be able to do is to distinct and separate from the House of to the fiscal year 2007, before the reces- come up with ways in which we can re- Representatives, was to allow for de- sion, total Federal revenue was rough- form these programs to make them bate and votes on amendments. ly $2.5 trillion and total Federal spend- more sustainable. Of course, if we look I hope the majority leader and mem- ing was approximately $2.7 trillion. So at Medicare spending alone, in 1967, it bers of his party will see clearly to do $2.5 trillion in revenue and $2.7 trillion was proposed that by 1990 Medicare

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.000 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15620 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 28, 2012 would spend about $12 billion. That is small businesses which so far is all we would be too much for Nevada. Their what the Congress projected when they have gotten from the administration employees are already bearing the created that program in 1967. That cal- and from many of the Democrats in brunt of Congress’s inaction. Find a so- culation, by the way, included infla- Congress. lution, they told me, and cut a deal. tion. If we look at actual Medicare We have to fix the spending problem The devastating effect this fiscal cliff spending in 1990, it was $110 billion—al- and the growth problem. We have a so- would have on Nevada’s small busi- most 10 times the amount that was es- lution to do that. We hope our col- nesses would simply be too much for timated in 1967. This year, we will leagues will work with us to do that. their businesses and the small business spend $550 billion on Medicare. Ten I yield the floor. sector in Nevada to handle. years from now, the Congressional The ACTING PRESIDENT pro tem- There are a number of issues Repub- Budget Office projects we will spend pore. The Senator from Nevada. licans and Democrats can work to- $1.1 trillion on Medicare. WORKING TOGETHER gether on to address immediately. With regard to Social Security, for Mr. HELLER. Madam President, one First, we must stop living by a tem- the past 2 years, this program has been of the most visible expressions of the porary Tax Code. Right now, there is operating at a cash deficit. If we look strength and resilience of our democ- no certainty for a small businessman at the next 75 years, benefits promised racy is the moment when the incoming or woman to grow or start a new en- to current and future beneficiaries ex- President stands on the steps of the deavor. These men and women need to ceed payroll tax revenue and trust fund Capitol, lays his hand on the Bible, and know how to plan for the future so redemptions by $8.6 trillion. The takes the oath of office. In that mo- they can invest in new equipment, new present course of Social Security is ment, America undergoes a peaceful buildings, and more employees. unsustainable, and the trustees report transition of power that so many coun- Second, we need fundamental tax re- projects that the trust fund is going to tries can only hope for or, as in this form. As with many small businesses be exhausted by the year 2033. year, the President will smoothly re- across this country, businesses want In order to protect Social Security sume his duty for another 4 years. nothing more than to grow, hire more for future generations, it, too, must be As we anticipate this remarkable mo- people, and pass on a legacy to their reformed. We have to take on what is ment in just a few short weeks, we are children and grandchildren that shows driving Federal spending and that is reminded of the ability of the Amer- with hard work and dedication, any- entitlement programs. We have to re- ican people to come together, even thing is possible in America. As I have form them. Raising taxes is not the so- after long and challenging campaigns. I often said, our current Tax Code is too lution. will watch the inauguration and re- costly, too complex, and too burden- The President’s only proposal so far member my own difficult campaign. As some. There is no question the Tax is to raise taxes on small businesses to we reflect on this past year, we are all Code is unfair and needs an overhaul. generate this next year what would be reminded that this President, the Our Nation is long past due for an hon- $68 billion in revenue which, by raising House, and the Senate have not been est discussion about how to transform the two top tax rates in the process, given any mandate by the American our Tax Code into one that encourages would hit nearly 1 million small busi- people. For proof, look no further than job growth and one that doesn’t hinder nesses. What is ironic about that is the close margin of victories and the it. Third, we need to put a stop to the raising taxes on the small businesses wide disparity in the ideology between ever-increasing number of regulations. that create jobs in this country and the two parties. The only mandate is Instead of encouraging businesses to that grow our economy—actually rais- for Republicans and Democrats to work develop and grow, Washington has in- ing taxes on them to generate $68 bil- together. creased their burden with miles and lion would fund the government a little What we saw during this election was miles of regulatory redtape, passed a under 1 week. That is what we are talk- an American electorate frustrated by health care law that is costing jobs, ing about. The dimensions of this prob- gridlock in Washington and a Congress and continues with a top-down, Wash- lem are so vast we cannot solve them that does not get enough done for the ington-knows-best mentality that has simply by raising taxes and particu- American people. Our Nation has en- led to an anemic economy. larly raising taxes on the very people dured a brutal campaign season of at- While I do not believe sequestration we are looking to—small businesses. tack ads and partisan sniping. The ads is the answer, Congress must engage in Raising taxes on small businesses are now off the air, the campaign of- honest debate on spending reform to would do harm to the economy. We fices are cleaned out, and now we face right our Nation’s fiscal situation. Ne- would give back everything we get in some very difficult decisions. Right vadans and all Americans deserve a the form of higher tax revenue by re- now, Congress must find a way to steer federal government that is more effi- duced economic growth. We have to our Nation away from this fiscal cliff. cient and more effective. Washington deal with the fundamental problem we We must move forward knowing that cannot continue to spend money we have; that is, entitlements. the only way to build a better, stronger don’t have and place our Nation in I hope my colleagues on the other nation is by working together and find- deeper debt and threatening future op- side will work with us. I hope the ing solutions on which both Repub- portunity for our children and grand- President will work with us. The Presi- licans and Democrats can agree. Any children. dent knows what the problems are, but solution to the impending fiscal cliff Divisive partisan politics does a he has folks all across the country who must be a bipartisan effort that fairly great disservice to every American. are putting pressure on him to not deal weighs the concerns of both parties. We Far too many Nevadans are forced to with the issue of entitlement reform. must find a way to come together right stay up late at night wondering how But I hope he will come to the table now. The severe spending cuts and they are going to make their mortgage and address this issue. We have a looming tax increases require it. payment, send their children to college spending problem and we have a Nevada is already struggling to over- or feed their family. While people growth problem. If we can address the come the highest rates of unemploy- across our country are struggling to spending problem, get entitlement pro- ment, foreclosures, and bankruptcies in get by, Congress has a responsibility to gram reform on a sustainable path. If the Nation. The threat of this fiscal prioritize the people over the party and we can get progrowth tax reform put in cliff and any failure to find a solution find a way to avoid this looming crisis place to grow the economy and expand would have a real and negative impact and get our economy back on track. the economy, we can solve these prob- on the recovery of my State. In the These next few weeks are absolutely lems. People across this country expect days following the election, I received critical for the health of our country. us to. The world expects us to. The fi- phone calls from job creators in Nevada Similar to that moment when the nancial markets expect us to. It can’t concerned about this fiscal cliff. These President takes office, how we work to- be done simply by raising taxes on business owners told me this fiscal cliff gether to reach across the aisle and

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.000 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15621 find bipartisan solutions is a testament Mr. REID. Madam President, I ask cloture motion. We are hopeful that that our democracy—the greatest de- unanimous consent that reading of the people who have amendments will mocracy in the world—is alive and amendment be dispensed with. bring them over. We will try to dispose well. The ACTING PRESIDENT pro tem- of them, either by saying we could The ACTING PRESIDENT pro tem- pore. Without objection, it is so or- agree to them or we cannot agree and pore. The Senator’s time has expired. dered. putting them in line for debate; but Mr. HELLER. Madam President, I The amendment is as follows: proceeding in a way that if folks, col- ask unanimous consent to speak as in (Purpose: To strike section 313, relating to a leagues, have amendments, they bring morning business for an additional 2 limitation on the availability of funds for over those amendments and let us try minutes. the procurement of alternative fuel) to work those amendments through The ACTING PRESIDENT pro tem- Strike section 313. this process without having to go pore. Without objection, it is so or- The ACTING PRESIDENT pro tem- through cloture and without having to dered. pore. The Senator from Michigan. set aside pending amendments in order Mr. HELLER. I thank the Acting Mr. LEVIN. Madam President, I want to make other amendments pending. President pro tempore. to describe to the Senate what we just If we can proceed without a cloture As I was mentioning, like that mo- did. It is a little different from what we motion, we are not going to have to use ment when the President takes office, sometimes do around here, which is we that process of setting aside pending how we work together to reach across have long threats of filibusters on mo- amendments, making other amend- the aisle and find bipartisan solutions tions to proceed; then, we, finally, ments pending, because if we can avoid is a testament that our democracy— often or sometimes reach unanimous a cloture motion, we are not going to the greatest democracy in the world— consent agreements to proceed. What have a postcloture period where that is alive and well. Let’s not squander we did here—and it was very delib- pendency of amendments becomes rel- this opportunity to place our Nation on erate—was to proceed by motion, not evant. If we are not going to need to go a path to greater economic prosperity. by unanimous consent, to this bill so to a cloture, then it is not relevant The American people have children that if persons were going to filibuster that an amendment is made pending to raise, mortgages to pay, businesses the motion to proceed, they were then because the bill is open to amendment. to grow, and new discoveries to make. going to have to come to the floor and That is what we are hoping to do. It is time for Congress to come to- debate it—not just simply threaten to We are willing to stay here late gether to make the tough decisions filibuster the motion to proceed, but hours. Senator MCCAIN and I have necessary so that Americans can get they would have to come and actually spent a lot of time talking about this— back to work and create a brighter fu- debate it. Because I believe that is the we spent a lot of time getting this bill ture for generations to come. correct way for us to operate. to the floor, by the way; and it came Madam President, thank you very Motions to proceed, I believe, have out of our committee unanimously— much. I yield back the floor. been abused. The threats to filibuster but we spent a lot of time talking The ACTING PRESIDENT pro tem- those motions have been allowed to be about how do we get this bill done in 3 pore. The majority leader. successful. One way we can overcome days because that is what we told the Mr. REID. Madam President, what is what has been a bad habit of allowing majority leader we think we can do. By the matter now before the Senate? threats to filibuster motions to proceed the way, that is all the time we are The ACTING PRESIDENT pro tem- to succeed is to basically tell those going to have. The majority leader has pore. The motion to proceed to S. 3254. folks, our colleagues, that if they want made it clear we do not have more than Mr. REID. Is there further debate on to filibuster a motion to proceed—in 3 days. this matter? this case, the Defense authorization We want colleagues, Senators, who The ACTING PRESIDENT pro tem- bill—they are going to have to come have amendments to bring those pore. Is there further debate on the mo- over and filibuster. amendments to us. We will try, if we tion to proceed? This is something which is signifi- cannot resolve them, to put them in If not, the question is on agreeing to cant. It may sound like a nuance to packages. If they need to be debated the motion. many. I think it probably would to and voted on, that is fine. That is what The motion was agreed to. most outside this body and our staffs we are here for. We are going to then f as to what I am saying. But it is impor- try to line up those amendments so NATIONAL DEFENSE AUTHORIZA- tant to those of us who are trying hard that we will go back and forth to the TION ACT FOR FISCAL YEAR 2013 to get this body to be more functional extent we can between Democrats and that we use the existing rules—and I Republicans offering amendments and The ACTING PRESIDENT pro tem- am all in favor of rules changes, by the voting on those amendments. pore. The clerk will report the bill by way—but that we use in the meantime So, therefore, I intend to object, in title. the existing rules to get this body more the absence of a cloture motion being The assistant legislative clerk read functional than it is right now. And filed, to laying aside amendments be- as follows: one of those existing rules is the one cause, again, in the absence of a clo- A bill (S. 3254) to authorize appropriations we just used, which is to proceed by a ture motion pending, there is no need for fiscal year 2013 for military activities of motion to proceed, and then to indi- to do that and it confuses and com- the Department of Defense, for military con- struction, and for defense activities of the cate, as our leader just did, there ap- plicates the life of the managers of this Department of Energy, to prescribe military pears to be no one who wishes to be bill. So I want to make that clear to personnel strengths for such fiscal year, and recognized to debate it, and then for our colleagues. for other purposes. the Chair to put the question, the Pre- I wonder if Senator MCCAIN might AMENDMENT NO. 2985 siding Officer to then put the question have a comment on that. Mr. REID. Madam President, on be- to the body: All those in favor of the The ACTING PRESIDENT pro tem- half of Senator UDALL of Colorado, I motion say ‘‘aye,’’ all those opposed pore. The Senator from Arizona. call up amendment No. 2985. say ‘‘nay.’’ The ayes have it, and now Mr. MCCAIN. Madam President, The ACTING PRESIDENT pro tem- we are on the bill. could I say, I thank my dear and old pore. The clerk will report. So, Madam President, I have a long friend from Michigan. I was recol- The assistant legislative clerk read opening statement. I will, however, lecting that he and I have now worked as follows: with the assistance here of my friend, together for over a quarter of a cen- C AIN The Senator from Nevada [Mr. REID], for Senator M C , also make the fol- tury. But far more important than Mr. UDALL of Colorado, for himself, Mrs. lowing statement. There is no cloture that, this legislation and how we han- MURRAY, Mrs. SHAHEEN, and Mr. BINGAMAN, motion which is filed or pending. We dle it, I say to all my colleagues, can proposes an amendment numbered 2985. hope we can adopt this bill without a be a model for how this body should do

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.000 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15622 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 28, 2012 business: Take up a piece of legisla- that disapproval because we have not shown no leadership and offered no so- tion, have amendments and debate, and moved forward and done the people’s lutions to the impending sequestration. move forward. If that requires long business. Many of us in this body have been hours, and even occasionally a Friday Again, I urge all my colleagues to meeting and discussing potential alter- or even more, then I think our col- show the kind of forbearance and the natives to sequestration. Sequestration leagues should be prepared to do that. kind of maturity that is necessary in will take effect on January 2, just a We are not sent here for a 3-day work- order to complete this legislation. short time from now. We need leader- week. We are sent here to do the peo- I would like to take this opportunity ship to avoid this disaster and to ad- ple’s business. to thank my friend from Michigan, dress the spending and revenue issues I am not proud, Madam President— Chairman LEVIN, for his leadership in that have brought our Nation to the and I will not point fingers at any- writing this year’s Defense authoriza- fiscal cliff. body—it was judged by historians the tion bill. We have worked together for The Fiscal Year 2013 National De- last session of Congress was the least many years now, and the chairman has fense Authorization Act contains many productive since 1947. Now, maybe Sen- set a high standard of cooperation and ‘‘must pass’’ authorizations, including ator LEVIN and I were around in 1947, bipartisanship that befits the esteemed a pay raise for our men and women in but we do not remember exactly what history of the Senate Armed Services the Armed Forces, bonuses, health happened in those days. But the fact is Committee. care, and quality of life programs that that when we are looking at basically I am pleased that we will finally have are essential to the readiness of our continuous gridlock, day after day, the opportunity to discuss and debate Armed Forces and the well-being of week after week, month after month, this crucial piece of bipartisan legisla- their families. The bill helps to address then we have to change the way we do tion, which has been on the Senate’s the needs of wounded service members business. calendar for almost 6 months. My col- and their families. Military construc- Hanging over all this, I say to my leagues and I have come to the Senate tion and family housing projects can- friends on this side of the aisle, is a floor numerous times during those not proceed without the specific au- change in the rules, which could cause months to ask the majority leader to thorizations contained in this bill. what we used to call the nuclear op- call up the Defense authorization bill. This bill also includes important au- tion, which we were able to avoid some While I had hoped to get started on thorities that support our national se- years ago when this sort of same thing this bill much earlier, I do appreciate curity objectives around the world, in- was contemplated on the confirmation the majority leader’s offer to bring up cluding an extension of the Afghan Se- process of judges. the bill with an open process for deal- curity Forces Fund, a program instru- So we are now proceeding, I say to ing with amendments. Unfortunately, mental to our efforts to build the ca- my friend from Michigan, without a here we are, with only a few weeks left pacity of the Afghan Army and Police. motion to proceed, without a cloture in this Congress, just beginning debate It also extends the CERP program vote, without the normal parliamen- on one of the most critical pieces of which provides commanders on the tary back and forth that takes up 2 or legislation the Congress annually con- ground with the ability to fund small- 3 days of every week here, and we want siders. So I ask my colleagues’ coopera- scale humanitarian projects that di- people to come to the floor, have tion in offering relevant amendments rectly benefit the Afghan people, as amendments—as there is one pending with limited time for debate, so that well as the Coalition Support Funds from the Senator from Colorado—we we may afford all Senators an oppor- program which reimburses cooperating debate it openly and honestly, we have tunity to address their ideas and con- nations supporting the effort in Af- votes on it, and we move forward. If it cerns with respect to national defense. ghanistan. The bill also contains a pro- requires quite a while—because we are Because of the delay in bringing up vision mandating an independent as- talking about this Nation’s security, this bill, we are considering the De- sessment of the size, structure, and ca- the National Defense Authorization fense authorization bill under the im- pability requirements of the Afghani- Act—then we should be willing to minent threat of budget sequestration stan National Security Forces nec- spend those hours on it. mandated by last year’s Budget Con- essary to provide enduring security for So it seems to me, if we can do what trol Act. Pentagon leadership has re- their country so it does not revert to a the distinguished chairman and I con- peatedly warned that these automatic, safe haven for international terrorism. template; that is, that we move for- across-the-board cuts to defense spend- In the area of military compensation, ward with the amendments, we have ing, totaling almost half a trillion dol- according to the Congressional Budget open and honest debate—we will work lars over the next decade, would dev- Office, the President’s request for fis- with any of our Members to try to astate the Department’s ability to pro- cal year 2013 for pay and benefits of make sure their issues and their vide for the Nation’s defense. Seques- current and retired members of the amendments get the consideration tration would undermine the readiness military represents more than one- they deserve. But we also may have to of the armed services; dramatically re- quarter of DOD’s total base budget re- put in long hours in order to do so. duce our ability to project power and quest. In light of this, the bill would There is no reason to use a parliamen- defend our interests at a time when the establish a Military Compensation and tary mechanism to keep us from ad- world is becoming more dangerous; Retirement Modernization Commission dressing this Nation’s national secu- jeopardize the livelihood of civilian and to review these benefits and rec- rity. The lives of the men and women uniformed personnel alike; and bring ommend any future changes necessary who are serving are dependent upon the with it the likelihood of hundreds of to ensure both quality of life and sus- work we are doing, and for someone— thousands of layoffs. Furthermore, the tainable benefits for those who serve. individual Members of this body—to way in which these cuts would be ap- In the area of acquisition and con- hold up the whole process because of plied will likely require that thousands tracting, the bill includes provisions his or her specific issue is not appro- of contracts be terminated and renego- that would improve how the Depart- priate treatment of this issue. tiated at a huge cost to the taxpayer. ment buys weapons systems and other I urge all my colleagues to cooperate. It is unconscionable that the Presi- goods and services by prohibiting the I believe we can show the entire coun- dent has not come to the Congress with use of cost-type contracts for the pro- try that we are capable of moving for- a proposal to avoid the devastation of duction of major weapon systems; re- ward and addressing the issues in a sequestration, not only on our national quiring the Department to revise its measured, mature, and productive fash- security but on our economic security ‘‘profit policy’’ to make sure that it ef- ion, which is what the American people as well. It has been over a year since fectively incentivizes contractors to are demanding of us. I do not need to the Joint Select Committee on Deficit control costs; requiring that the De- remind my colleagues of our approval Reduction, or supercommittee, admit- partment notify Congress of potential ratings. But there is ample reason for ted defeat, and the President has termination liability on contracts for

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.000 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15623 major weapon systems; and calling on nologies that reduce fuel demand for partment with a baseline to plan for se- the Department to improve its guid- our weapons systems and save lives on questration, if it is ultimately not ance on how it procures capability in the battlefield. But I do not condone si- averted. Therefore, I urge my col- response to ‘‘joint emergent oper- phoning defense funds from those crit- leagues to swiftly approve this legisla- ational needs’’. ical efforts to pay $27 per gallon for tion so that a Defense authorization Several provisions in the bill con- biofuels or $170 million to use as ven- bill can be enacted before the end of tinue the committee’s strong oversight ture capital for the construction of a the year. of troubled programs. The bill fences 50 commercial biofuels refinery. This is The ACTING PRESIDENT pro tem- percent of the funding for the second not a core defense need and should be pore. The Senator from Michigan. Ford-class aircraft carrier until the left to the private sector, or to the De- Mr. LEVIN. Madam President, I Navy submits a report on how it will partment of Energy, which received thank my good friend from Arizona for control its construction costs, while over $4 billion last year for energy re- those comments. the accompanying Senate report di- search and development for related Madam President, on behalf of the rects the Navy to recertify the current programs. The committee’s action cor- Senate Armed Services Committee, I $8.1 billion cost cap on CVN–79. Other rects this misplacement of priorities. am pleased to bring S. 3254, the Na- provisions enhance oversight of, and Even without the massive budget tional Defense Authorization Act for transparency into, the Navy’s Littoral cuts that will occur if sequestration is fiscal year 2013, to the Senate floor. Combat Ship Mission Packages; sub- not averted, the President last year The Armed Services Committee ap- ject how the Air Force maintains and proposed $487 billion in defense budget proved the bill by a unanimous, 26–0 modernizes F–22A aircraft to greater cuts by fiscal year 2021. The total fund- vote, making this the 51st consecutive oversight; and continue strong over- ing authorized in this bill reflects the year that our committee has reported a sight of the F–35 program. President’s reduced defense budget defense authorization act. Every pre- This year’s bill also contains impor- plan. However, within that total fund- vious bill has been enacted into law. tant initiatives intended to ensure ing, the Armed Services Committee cut This year’s bill would authorize $631.4 proper stewardship of taxpayer dollars an additional $3.3 billion from pro- billion for national defense programs— by codifying the 2014 goal for the De- grams requested by the Department of the same amount as the President’s partment of Defense to achieve an Defense to fund congressional special budget request and $31 billion less than auditable statement of budgetary re- interest items. I am concerned that, in the amount appropriated for fiscal year sources; requiring the implementation light of the budget realities facing the 2012. U.S. forces are drawing down in of recommendations provided by the Pentagon and the Nation, at a time Afghanistan and are no longer deployed GAO to eliminate duplicative programs when our military is being asked to in Iraq. However, real threats to our and functions; imposing additional pro- make drastic cuts in personnel, some of national security remain and our tections for DOD whistleblowers; and our colleagues continue to divert re- forces are deployed throughout the requiring a detailed cost estimate and sources from vital military require- globe. I am pleased that this bill pro- personnel plan for the new Defense ments to fund unnecessary and vides our men and women in uniform Clandestine Service. unrequested projects. the funding and support that they need Another important provision would Some argue that the Department of as they engage in continued combat in require the commander of U.S. Cyber Defense does not have a monopoly on Afghanistan, work to track down al- Command to provide a strategy for the good ideas. While true, the committee Qaida and associated forces in the Ara- development and deployment of offen- has an obligation to ensure that fund- bian Peninsula and North Africa, and sive cyber capabilities to serve as de- ing added to new programs results in perform other military missions terrents to, and for response in the tangible value to our national security around the world. event of, a cyberattack. I believe and our military personnel. Terms like First and foremost, this bill con- strongly that cyber warfare will be the ‘‘Committee initiative,’’ as used in this tinues the increases in compensation key battlefield of the 21st century, and bill, do not effectively disguise addi- and quality of life that our service men I am concerned about our ability to tions to the budget that are earmarks and women and their families deserve fight and win in this new domain with- by any other name. Two perennial ad- as they face the hardships imposed by out a robust offensive capability. ditions that highlight the problem of continuing military operations around Crafting a comprehensive, well-defined unrequested authorizations are the In- the world. For example, the bill au- strategy, required under this provision dustrial Base Innovation Fund, IBIF, thorizes a 1.7 percent across-the-board and others, should also spur U.S. Cyber and the Defense Rapid Innovation Pro- pay raise for all military personnel, ex- Command to identify critical personnel gram, DRIP, which together are ear- tends over 30 types of bonuses and spe- requirements for offensive cyber mis- marked for $230 million in this bill. cial pays aimed at encouraging enlist- sions, which are presently under- These funds were not requested by the ment, reenlistment, and continued staffed. Department of Defense and as a result, service by active-duty and reserve Again this year, the committee re- the Department has struggled to put military personnel, and authorizes in- stricted further construction on Guam them on contract and manage the creases to several of these bonuses; related to the realignment of U.S. Ma- money for any useful purpose. does not accept Department of Defense rines in the Pacific theater until Con- Serious threats face our Nation, most proposals that would have increased gress has a clear understanding of the recently evidenced by the deaths of the cost of medical care for service costs and strategic implications of the four brave Americans in Benghazi, and members and their families by estab- proposed force realignments on our our Armed Forces are still engaged in lishing enrollment fees for TRICARE strong allies in the region. The bill also operations in Afghanistan and deployed Standard and TRICARE for Life, and contains no funding for the Office of around the world. At the same time, increasing TRICARE deductibles and Economic Adjustment activities on our Nation is facing a severe fiscal cri- the annual catastrophic cap; authorizes Guam, and it requires future requests sis which is only weeks away, due to $30 million in supplemental impact aid for the construction of public facilities the unwillingness or inability of the and related education programs for the and infrastructure be specifically au- President and Congress to agree on a children of service members, and ad- thorized by law, thereby eliminating solution to the current tax-and-spend- justs the impact aid formula to allevi- another potential source of earmarks. ing stalemate. ate delays in impact aid funds; requires In addition, this bill would impose re- And once again, Congress has failed the Secretary of Defense to provide strictions on DOD expenditures to de- to enact either an authorization or ap- recommendations for statutory or reg- velop a commercial biofuels industry. I propriations bill for the Department of ulatory changes to further increase ca- strongly support continued Defense De- Defense almost 2 months into the fiscal reer and service opportunities for partment research in energy tech- year. We have failed to provide the De- women in the armed forces; and

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.000 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15624 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 28, 2012 strengthens protections on consumer garding the authority to detain indi- budget, major changes in Air Force credit for members of the armed forces. viduals apprehended in the course of structure are too important to be made The bill includes funding needed to our ongoing fight with al-Qaida, the without the support of objective anal- provide our troops the equipment and Taliban, and associated forces, and ysis. For this reason, the committee support that they need in Afghanistan, they have that right, but those issues bill would delay the actions proposed while preparing the way for a transi- are not addressed in the bill reported by the Air Force and instead establish tion of responsibility to Afghan forces. by the Senate Armed Services Com- a national commission to provide an For example, the bill funds the Presi- mittee. objective analysis of how the structure dent’s request for $88 billion for over- Second, the bill does not authorize of the Air Force should be modified to seas contingency operations; fully new rounds of base closures, as re- best fulfill current and anticipated funds the President’s request for $5.7 quested by the administration. In fact, mission requirements in a manner con- billion to train and equip the Afghan the bill includes a one-year morato- sistent with available resources. It is National Army and Afghan Police— rium on implementing any realign- our expectation that this analysis will growing the capabilities of these secu- ment that would result in a military provide a far more sound and defensible rity forces so those forces can continue installation falling under the threshold basis for future force structure deci- the transition to taking the security for closure without going through the sions. lead throughout Afghanistan by 2014; BRAC process. The Department of De- Second, the bill establishes a Mili- reauthorizes the use of DOD funds to fense has achieved savings through pre- tary Compensation and Retirement support a program to reintegrate insur- vious BRAC rounds, but there are other Modernization Commission to review gent fighters into Afghan society at options—including further reductions elements of military compensation and the requested level of $35.0 million; re- to our overseas basing structure—that retirement benefits with the objective authorizes the Commanders’ Emer- should be considered to achieve savings of modernizing these systems, ensuring gency Response Program in Afghani- before Congress authorizes a new round the long-term viability and sustain- stan with a reduction in the Adminis- of base closures inside the United ability of All-Volunteer force, and ena- tration’s request, given reductions to States. bling a high quality of life for military U.S. force levels in Afghanistan; reau- Third, in accordance with the policy families. In proposing such a commis- thorizes the Afghanistan Infrastruc- that the Armed Services Committee sion, the Department of Defense took ture Fund at a reduced level and re- has adopted over the last two years, note of significant changes in the de- stricts the availability of the author- the bill does not contain any earmarks, mographics of the national workforce ized funds until the Secretary of De- as defined in rule XLIV of the Standing and private sector retirement plans, fense submits information on how new Rules of the Senate. I continue to be- concerns about the extent to which projects will be sustained following lieve that we it is wrong for us to give military compensation is deferred and completion; and requires an inde- up the power of the purse given to Con- the vesting of benefits is delayed, and pendent assessment of the size and gress in the Constitution. I don’t be- the continuing fiscal pressures on the structure requirements of the Afghani- lieve that the executive branch has a nation. As recommended by the De- stan National Security Forces nec- monopoly on good ideas; in fact, I partment, the provision in our bill pro- essary to ensure that Afghan forces are think that we are often more receptive vides for expedited legislative consider- capable of providing security for their to creative, new ideas that can lead to ation of the commission’s rec- own country after 2014. advances in the national defense than ommendations—including an up-or- The bill also contains a number of the defense bureaucracy is. Nonethe- down vote on those recommendations provisions that will help improve the less, there are no earmarks in this bill. without amendment. Our legislation management of the Department of De- Finally, I would like to discuss four would ensure that proposed changes do fense and other federal agencies. For issues in the bill that are of particular not break faith with the current force example, the bill enhances protections importance to the Department of De- by expressly requiring that the com- for contractor employees who blow the fense and the Nation. mission’s recommendations grand- whistle on waste, fraud, and abuse on First, the budget proposal included a father all members serving in the DOD contracts; restricts the use of plan by the Air Force to retire or re- armed forces as of the date of enact- ‘‘pass-through’’ contracts by requiring align various aviation units, resulting ment of the provision. that at least 50 percent of the work on in a 4.8 percent reduction to the Air Third, the bill includes a provision any service contract be performed by National Guard, compared to a reduc- requiring the Department of Defense to the prime contractor or by a subcon- tion of only 1.2 percent to the active develop and implement a plan to re- tractor identified in the contract; low- duty Air Force. The Air Force provided duce the size of its workforce of civil- ers the cap on contractor salaries and no convincing justification for the im- ian employees and contractor employ- compensation that is allowable for balance in these cuts. Some of the pro- ees by an amount commensurate with DOD reimbursement from $750,000 to posed cuts in National Guard force the 5 percent reduction in military $230,700; prohibits the use of cost-type structure were accompanied by pro- end-strength planned through fiscal contracts for the production of major posed increases in active duty force year 2017. This provision recognizes the weapon systems, with limited excep- structure for the same aircraft. The ra- reality that a reduction in military tions; and adds $59 million to enable tionale provided for other cuts was in- end-strength and force structure the DOD IG to provide more effective consistent with statements that the should be accompanied by a com- oversight and help identify waste, Air Force made as recently as two parable reduction in supporting ele- fraud, and abuse in DOD programs, es- years ago about the capability of its ments. pecially in the area of procurement. aircraft. In fact, the Air Force was un- In recent years, we have come to un- There are a number of controversial able even to provide the committee derstand the critical role played by the issues that are not addressed in this with consistent numbers documenting acquisition workforce—and the risk bill. the impact of the proposed cuts on af- that we could lose billions of dollars in First, the sole detainee-related provi- fected locations. failed acquisition programs by trying sion in this bill is a one-year extension The bill before us rejects the Air save millions of dollars in ill-advised of existing language addressing certifi- Force plan and fully restores $1.4 bil- cuts to that workforce. But it is not cations for transfers of GITMO detain- lion in fiscal year 2013 funding for the just the acquisition workforce that ees and the construction of facilities force structure that the Air Force pro- plays a critical role in ensuring that inside the United States to house posed to cut—without increasing the our military is prepared to meet cur- GITMO detainees. I understand that overall top-line of the defense budget. rent and future challenges. DOD’s civil- some of my colleagues would like to re- While we understand that the Air ian workforce also includes 45,000 visit issues we addressed last year re- Force has to make tough choices in its nurses, pharmacists, and other medical

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.000 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15625 professionals; 86,000 personnel in cyber- same use. The second provision pro- troduced in concert with our military security, information assurance and re- hibits the Department from entering officials and leadership. lated fields; 15,000 personnel in science into a contract to plan, design, or con- As a proud member of the Senate and technology; and 6,000 personnel in struct a biofuels refinery or any other Armed Services Committee, I have de- intelligence functions. Our civilian em- facility or infrastructure used to refine signed this amendment to support the ployee workforce plays a critical role biofuels, unless specifically authorized Department of Defense and their ef- in ensuring that our troops get the sup- by law. These provisions may result in forts to pursue alternative fuels and plies that they need, that they receive short-term savings, but they will im- energy investments. Senators MURRAY, the pay that they earn, that their bases pose significant long-term costs by un- SHAHEEN, BINGAMAN, HAGAN, KERRY, are safe and well-maintained, and that dermining the Department’s efforts to BEGICH, and TOM UDALL have joined me their children receive the education diversify its fuel supplies and enhance in cosponsoring this legislation. that they deserve. Without this work- its energy independence and security. We, as Senators and as Americans, force, we would not be able to build, It is my expectation that we will re- frequently acknowledge the courage test, and maintain the weapon systems visit these provisions as we debate this and the sacrifice of our troops. But I we need to face today’s challenges, and bill on the Senate floor. would also point out that they are in- we would not be able to conduct the re- As of today, we have roughly 1.4 mil- credibly smart, insightful, and forward search and development we need to lion U.S. soldiers, sailors, airmen and thinking. In order to keep ahead of cur- keep our technological edge into the marines serving on active duty—with rent enemies and future threats, our future. tens of thousands engaged in combat in military leaders must be students of In the current budget environment, Afghanistan and stationed in other re- history. They have to understand the however, no area of the Department of gional hotspots around the globe. past in order to predict the future. Defense can be off limits as we look for While there are issues on which Mem- They have to be ready to face chal- savings. I am well aware that the De- bers may disagree, we all know that we lenges from the air, sea, and land, and partment has already developed plans must provide our troops the support now increasingly from the cyber do- to reduce its civilian employee work- they need. Senate action on the Na- main. They must prepare to defend our force by two to three percent over a 5- tional Defense Authorization Act for Nation from hostile nation States such year period, and is achieving additional Fiscal Year 2013 will improve the qual- as Iran and from terrorist organiza- savings through an ongoing pay freeze ity of life of our men and women in tions such as al-Qaida. for its civilian employees. However, uniform and their families. It will give In order to do all of this, they must these efficiencies initiatives were de- them the tools that they need to re- have the best technology in the world. veloped before the current budget main the most effective fighting force We must also provide them with the crunch and fall short of the 5 percent in the world. Most important of all, it flexibility to adapt to an ever-changing reduction planned for military end will send an important message that landscape and the resources they need strength. The cuts imposed on the De- we, as a Nation, stand behind them and to research, develop, and employ new partment’s contractor employee work- appreciate their service. technologies. That is our solemn com- force have been significantly less deep. I look forward to working with my mitment, and I would offer our solemn The provision in our bill should ensure colleagues to pass this vital legisla- responsibility, to those who fight on that savings achieved in the Depart- tion. our behalf. They have placed them- ment’s civilian personnel workforce AMENDMENT NO. 2985 selves between us and harm’s way. In and contractor employee workforce are Senator UDALL’s amendment is now return, we promise to invest in the brought in line with the savings pending, and I am wondering whether technology, training, and resources achieved through the newer, deeper there is a time agreement yet on this they need to stay safe. cuts to military end strength. It is our amendment and, if not, whether we can For me and many of our colleagues expectation that the Department will work on a time agreement. that includes encouraging, supporting, utilize a deliberative, needs-based plan- The ACTING PRESIDENT pro tem- requiring, actually, the DOD to invest ning process to achieve this objective. pore. The Senator from Colorado. in energy sources and fuel technologies Finally, the bill includes a number of Mr. UDALL of Colorado. Pursuant to that reduce our dependence on foreign provisions on energy conservation, en- Senator LEVIN’s question about a time oil. Ultimately, section 313 of the De- ergy research, and alternative fuels. agreement, I ask unanimous consent fense authorization bill before us today The Department of Defense is the sin- that the majority side have 30 minutes would severely limit the ability of the gle largest consumer of energy in the to speak to my amendment and the Re- Department of Defense to use alter- United States, spending close to $20 bil- publican side have 15 minutes to speak native fuels. lion a year on purchases of fuel and to my amendment. Given the threats facing our Nation electricity. I am pleased that the bill The ACTING PRESIDENT pro tem- today and in the future, that is not ac- authorizes $150 million for the Energy pore. Is there objection? ceptable. I want to point out the De- Conservation Investment Program and Without objection, it is so ordered. partment of Defense strongly opposes $200 million for the research of innova- The Senator from Colorado. the constricting provisions in the cur- tive technologies, including tech- Mr. UDALL of Colorado. I ask unani- rent Defense authorization bill for that nologies that will enhance energy secu- mous consent to speak to my amend- reason and for a number of other rea- rity and independence, through the ment for 10, 12, maybe 15 minutes. I sons. I want to quote what the Office of Rapid Innovation Program. In the long know Senator INHOFE would like to the Secretary of Defense says about run, these 12 investments should result speak. Then I have additional speakers section 313. in substantial savings in fuel costs, re- on our side. The OSD says that 313 is ‘‘detri- duce logistics requirements for mili- The ACTING PRESIDENT pro tem- mental to DOD’s long-term energy se- tary operations, and enhance our en- pore. Without objection, it is so or- curity;’’ that it is ‘‘overly broad,’’ ergy security. dered. ‘‘ambiguous,’’ and it ‘‘restricts the The bill also contains two provi- Mr. UDALL of Colorado. Madam flexibility of military commanders.’’ sions—each adopted on a razor-thin 13– President, I rise today in support of the Those are the DOD’s words about this 12 vote—restricting the Department’s Department of Defense and our men section. I want to point out I strongly continued investment in alternative and women in uniform who stand agree with those words. Therefore, I fuels. The first provision prohibits the watch around the clock around the have offered this very simple amend- use of fiscal year 2013 funds for the pro- world to protect us from a truly stag- ment that would remove this limiting duction or purchase of an alternative gering range of threats. As I have al- provision from the bill. I firmly believe fuel if the cost exceeds the cost of tra- luded, I rise specifically to speak to my that removing section 313 of the De- ditional fossil fuels available for the amendment No. 2985, which I have in- fense authorization bill is in the best

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.000 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15626 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 28, 2012 interests of our military and our coun- we compare it to the potential payoff. but they are coming down steadily. As try. Let me tell you why. For less than .03 percent of the defense we all know, the price of oil continues In the carrying out of the work of our budget, our military is building a foun- to climb and, equally important, is Nation, the Department of Defense dation for a new domestic energy subject to those sudden spikes due to consumes approximately 330,000 barrels source that could save billions of dol- unpredictable global events. My col- of oil every single day. That works out lars and keep more of the money we do leagues who are opposed to the DOD to 120 million barrels of oil per year. spend on fuel right here at home. energy programs would have us believe That is a truly staggering number. We spend about $300 billion a year on that alternative fuel prices are This year, given those numbers, the overseas sources of oil—$300 billion. If unaffordable. But let me share some military has already spent $15 billion we could keep one-twentieth of a per- facts. on fuel. Because of rising global oil cent of that money at home we would In 2009 the Navy paid about $66 per prices that is about $2.5 billion more pay for this program. Let me put it in gallon for biofuels used for research. than they forecast, and the year is not perspective another way. But that price decreased over a 3-year even over yet. We have another month For about half of what we spend on period by 61 percent. During that same to go. military bands each year, we could be period, oil prices rose by about 120 per- Those rising costs in dollars and establishing a domestic energy indus- cent. Today, right now, drop-in biofuels operational capability are staggering. try. For less than the cost of a single for cars and jet aircraft are available Think of it this way: For every 25-cent F–35, we could diversify our energy for around $4 per gallon. These costs increase in the price per gallon of oil, portfolio and drive down costs. We will continue to drop if we keep mak- the military’s fuel bill increases by $1 would be taking billions of dollars out ing smart investments in smart tech- billion. So then what happens? In order of the hands of terrorists and reducing nologies. to make up for that shortfall, the DOD the risk to our military personnel. These are the facts, but even if we then has to pull money from the oper- So in that context, what is the prob- disagree with those points, there is an- ations and maintenance accounts, lem? Well, the proponents for cutting other important factor I hope we will which means that rising fuel costs re- off these investments in alternative consider. Section 313 of the Defense au- sult in less training, deferred mainte- fuels argue that the Defense Depart- thorization bill harms military mis- nance, and reduced operational capa- ment should not be involved in the de- sions and technologies that are being bility. velopment of new energy sources. I used right now to find and destroy our Let me be clear. The current lan- think it has already become clear, but enemies. guage that was added to this bill by I want to say it again: I could not dis- Let me explain. The Office of the some of my colleagues tells the De- agree more. These biofuels, when we Secretary of Defense has said the lan- fense Department they cannot pursue produce them, cannot be used as lever- guage is so broad and so poorly defined energy security and instead must rely age against us. These refineries cannot that it would prohibit the DOD from on an energy source that is quickly be overrun by Nigerian rebels or block- purchasing any nonpetroleum fuel that eating away at their capabilities and aded by Iranian gun boats. costs more than traditional fuels. So effectiveness. That means our people Energy security is national security. we have to ask, what does that mean? are less prepared when they go into This is exactly the kind of investment Let me give a couple of examples. harm’s way, and they are less ready to our military should be making. In fact, That would include the solid oxide fight when it matters most. For me, military R&D has sustained the enor- fuels used in rockets and missiles. That and I hope for the majority of my col- mous technological advantage that we would include coal-to-liquid fuels. That leagues, that is far too steep a price. have maintained over our adversaries That is why the DOD is investing in historically. Our willingness to invest includes alternative fuels purchased technology to increase fuel efficiency, in the future has kept us safe. So my overseas where there are no petroleum- promote conservation, and to find al- colleagues say the DOD should not be based fuels available, like in South Af- ternatives to foreign oil. General spending money on energy develop- rica and in countries that have manda- Dempsey, the Chairman of the Joint ment. I would respectfully remind tory alternative fuel blends. It re- Chiefs of Staff, has said simply but them we have always spent money on stricts fuel blends to a 50–50 ratio, even powerfully: Saving energy saves lives. energy development, and it has made if that is not the best or the most prac- It should tell us something that in an us safer. tical mix. era of reduced DOD budgets our senior If that view had prevailed in years So the outcome of that would be if leaders remain fully committed to this passed, we would not have a nuclear- the DOD wanted to use a more efficient effort. We should support them in these powered Navy. Without military in- or cost-effective mix of traditional fuel commonsense approaches. That is why vestment in emerging technologies, we to biofuel, they would not be able to do the DOD is funding research and devel- would not have jet engines, microchips, so. So I believe section 313 of the bill opment for new fuels that can be made microwave ovens, radar, or GPS navi- we are debating will send the wrong po- from biological feed stocks. And these gation. Ensuring our energy security litical message as well. It will make in- are fuels that can be literally grown ought to be a national priority. Our re- vestors wary of the U.S. Government’s here and refined here, right in our own liance on foreign oil is a threat to our commitment to weaning ourselves off country, right at home. security and our economy. Our reliance foreign oil. It would help keep us reli- This R&D effort I am alluding to is on foreign oil harms our economy and ant on foreign oil. Let me list the part of a proud legacy of military re- our national security. Now we have the countries: Russia, Venezuela, Iraq, search programs that have benefited chance to do something about it. Saudi Arabia, I have not even men- our entire country through many dec- This is a national problem. That is tioned Iran. ades. So what I am saying is even why DOD has partnered with the De- It is poorly drafted and damaging to under the threat of sequestration, in- partment of Energy, Department of Ag- our security. Instead, we have an op- vestments in new energy technology riculture, and private industry to find portunity today to help our military and alternative fuels remain a top pri- a solution. That is exactly how our and our country. This is how we move ority for our military leadership. For government is supposed to work. forward. This is not about an environ- those who would say we cannot afford If we believe the DOD has a vested in- mental agenda or some kind of a green to spend money on alternative fuels, terest in having reliable sources of fuel conspiracy. It is about doing the right our uniformed senior leaders tell us and energy, then we should agree they thing, supporting our military brass, otherwise and, in fact, suggest that we have a role to play in ensuring that establishing a stronger national secu- cannot afford not to make these invest- new fuels we have to develop meet rity and energy security posture in the ments. their needs. years ahead. Let me share another way of looking Now, as with any technology, the I urge my colleagues to support my at this. The investment is tiny when cost of alternative fuels starts high, amendment to strike section 313. As I

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.000 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15627 conclude, I ask unanimous consent particularly when you add a little The second criticism we often hear is that Senators GILLIBRAND and TOM friendly inter-service competition, we that biofuels are too expensive. UDALL be added as cosponsors to my are seeing dramatic results. For exam- It is true that advanced biofuels are amendment No. 2985 to S. 3254. ple, new solar arrays and mini smart not yet in full production and cannot The PRESIDING OFFICER (Mr. grids have allowed Marines at Forward compete with an oil market that is FRANKEN.) Without objection, it is so Operating Base Jackson, in Helmand over 100 years old. However, in the last ordered. province, Afghanistan to cut their fuel two years alone, DOD investment has Mr. UDALL of Colorado. I yield the use from 20 gallons to 2.5 gallons per caused the price to drop dramatically. floor. day. More efficient cargo management Moreover, biofuels are more immune The PRESIDING OFFICER. The Sen- and routing are projected to save Air from the price-shocks that are increas- ator from Oklahoma. Mobility Command half a billion dol- ingly consuming our defense budget. Mr. INHOFE. Mr. President, it is my lars over the next decade. By reducing In addition, as many of you know, understanding that the Senator from drag, new stern flaps are expected to there are significant costs to tradi- New Hampshire has a time issue and save the Navy almost $500,000 annually tional foreign sources of energy—un- she would like to have 5 minutes before per ship in fuel costs. seen at the gas pump—associated with my time will begin. That is acceptable. I saw the Navy’s new stern flaps in protecting our shipping lanes and oil I yield 5 minutes to my friend from person earlier this year during an En- supplies. For over 60 years, we have New Hampshire. ergy Subcommittee hearing I chaired been patrolling the Persian Gulf. These The PRESIDING OFFICER. The Sen- aboard the USS Kearsarge. The purpose costs for oil remain underappreciated. ator from New Hampshire. of the hearing was to highlight the sig- The fact is, throughout its history, Mrs. SHAHEEN. Mr. President, first nificant advancements the Navy con- our military has played a leading role of all, I appreciate my colleague’s gra- tinues to make in both energy effi- in energy innovation and development. ciousness in allowing me to speak first. ciency and harnessing new, renewable From wind, to coal, to oil, to nuclear I rise today in support of Senator energy resources. One of those impor- power, their ability to exploit new UDALL and his amendment, which tant, home-grown energy resources is forms of energy has been key to our would restore the Department of De- biofuels. Nation’s technological edge and com- fenses’ ability to invest in advanced Biofuels offer reliable, domestic en- bat effectiveness. As Admiral Greenert, biofuels. I don’t think we should be ergy, capable of powering our most ad- Chief of Naval Operations, has noted, tying the hands of our military as they vanced military equipment. The Navy ‘‘efforts to reduce the Navy’s depend- attempt to manage a significant na- recently demonstrated the capabilities ence on fossil fuels and outdated en- tional security threat our energy de- of advanced biofuels during a massive ergy technologies is in the finest tradi- pendence. exercise that featured a Carrier Strike tions of military scientific leadership.’’ As our Nation has become more tech- Group powered exclusively on renew- For our military the issue of energy nology dependent, our energy use has able energy, highlighted by a F–18 trav- security and investment in biofuels is increased dramatically. Businesses and eling at twice the speed of sound and a simple: dependence on foreign oil is a families are more conscious than ever ship traveling at 50 knots. strategic vulnerability, creates prob- Despite biofuels’ impressive perform- of how they use energy and its costs. lematic fluctuations in the defense ance record and their potential stra- Our military is no different. budget, and puts our men and women tegic impact, we continue to hear two Advanced technology has not only re- in uniform at unnecessary risk. arguments against further investment shaped our economy, it has also We need to make sure our military by the Department of Defense. changed how we think about defense. leaders are able to continue their his- The first is that energy investments toric tradition of identifying long-term No matter how you look at it, as long should be handled by the Department as we are dependent on other nations of Energy and not the Department of challenges and seeking innovative for our energy, we have a fundamental Defense. ways to solve them. Energy use is no strategic vulnerability. Fortunately, Energy security is going to require different and nothing—including the for the first time since the oil crisis in an all-of-government approach, and Congress—should get in the way. We 1979 our military is making real that is the direction we are currently can’t allow the debate over the mili- progress addressing it. I hope we will going with the Department of Agri- tary’s energy use to become a proxy for get out of their way. culture and the Department of Energy other ideological debates around en- Over the past ten years the Depart- playing a fundamental role on the ergy. We should let our military do ment of Defense has invested signifi- biofuels initiative. In addition, as the what it does best. We should let them cant time and resources into improving largest fuel consumer in the world lead. our nation’s energy security. today—and by far the largest in the Mr. President, I yield the floor. Energy security is not some sort of U.S. Government—the Department of The PRESIDING OFFICER. The Sen- feel-good, pie in the sky, goal that Defense has a special role to play in ator from Oklahoma. would be nice to have. Energy security this effort. Mr. INHOFE. Mr. President, I hear is imperative to the success of today’s Moreover, because of our dependence, all the time from my good friend who military, and it becomes more critical we continually send our men and is involved in this. In this rare case it with each passing generation. women in uniform into harm’s way to is true. The Senator from Colorado and As our Current Chairman of the Joint maintain our access. In the past year I are very close friends, and he and I Chiefs General Dempsey has said: With- alone, the Arab spring, conflict in disagree on this issue. I think it is im- out improving our energy security, we Libya, and the threat of Iranian min- portant for us to understand where this are not merely standing still as a mili- ing of the Strait of Hormuz have all came from. Senator MCCAIN and I are tary and as a Nation, we are falling be- demonstrated the challenges of assur- responsible for section 313, and I think hind. ing continuous access to overseas oil. when people understand what it is, all Let’s be clear: Energy security is na- Not only is access to oil difficult to of these arguments I have heard tional security. Our military leader- maintain, instability in the global against it, none of them holds weight. ship understands this. Our Sailors, Sol- price of oil continues to plague our What we are trying to do is experiment diers, Airmen and Marines understand economy and our defense budget as in green energy at the expense of our this. Other countries including some of well. Every $1 dollar increase in the ability to defend America, and our our strongest competitors also under- price of oil per barrel costs DOD $130 readiness. Our military is deployed in stand this. And we ignore this fact at million. Last year alone, the Depart- more locations around the world at a our own peril. ment was forced to shuffle $1.3 billion greater rate than was ever the case As is often the case when our mili- from other accounts to cover increased during the Cold War. I sometimes say, tary commits itself to a new mission, fuel costs. I look wistfully back on the days of the

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.000 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15628 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 28, 2012 Cold War. Back then we had an enemy able are mixed in, but biofuels still tion programs. Now thanks to Presi- we could define. It was an enemy who face challenges in technologies that re- dent Obama’s defense budget cuts, DOD was predictable. That is not the case main imprudent. Again, we have a De- can’t afford to do business as usual. anymore, and after almost two decades partment of Energy that is supposed to Yet they are being coerced to spend $27 fighting and all of these contingencies be doing this. a gallon. worldwide, including four major re- This is a 2011 RAND report, which Secretary Panetta has warned re- gional conflicts with a force structure says: peatedly that President Obama’s deep that is 40 percent smaller and equip- There is no direct benefit to the Depart- cuts will have a devastating effect to ment that is decades older than the ment of Defense and the services from using our economy. He used the word ‘‘dev- military readiness during its decline, alternative fuels rather than petroleum-de- astating’’ when he talked about what this is what we are faced with right rived fuels. In short, the military is best was going to happen if he is successful now. All of this is coming at a time served by efforts directed at using energy in the next step, which would be the se- when the Obama administration has more efficiently in weapon systems and at questration. military installations. cut the defense budget, projecting over Knowing this, how could anyone sup- the 10-year period, by some $487 billion. That is a 2011 RAND Commission di- port including another $1.8 billion from If the Obama sequestration becomes a rect quote. an already stretched budget? President Obama’s climate chief, Heather Zichal, reality, that would be $1 trillion over Despite the recent assertions by defended the green fleet by arguing this period of time coming out of our biofuel lobbyists that the two biofuel that even a dollar rise in gasoline defense budget. provisions in S. 3254, the National De- Even the Secretary of Defense, Presi- fense Authorization Act for fiscal year prices would cost DOD $30 million. I dent Obama’s Secretary of Defense, 2013, do not restrict the Department of think my good friend, the Senator from said that would be devastating. He used Defense from purchasing alternative Colorado, said essentially the same thing. I agree with it. If every $1 of rise the word ‘‘devastating.’’ But if that fuels, including biofuels, section 313 al- in gas prices costs $30 million, a $27 in- were not enough, the Obama adminis- lows the continued use of the Depart- crease in fuel costs due to the forced tration continues to force the military ment of Defense funding for biofuels use of biofuels would add up to about to spend greater proportions of its al- for testing but precludes them from $660 million. So that argument falls ready depleted funds on an expensive using the funds authorized for readi- completely flat. green energy agenda, to include the ness and training. That is what this is all about, readiness. Realizing that the economic angle is purchase of biofuels for operational use a political loser, the Obama adminis- and construction of commercial biofuel Section 313 contained in the bill is in- tended to restore fiscal responsibility tration has tried to say that it is about refineries. national security in getting off of for- I fully support the development and and accountability for defense spend- ing at a time when our Nation simply eign oil. That is where I want to get. the use of alternative fuels, including I spent several years as chairman of cannot afford to waste taxpayers’ funds biofuels, but not at the expense of the the Environment and Public Works on speculative green initiatives such as military. Secretary Mabus’s primary Committee and several years as the Solyndra and dozens of other compa- focus must be or should be on the read- ranking member. All during that time, nies that are foundering or bankrupt iness of the Navy, not on propping up people were saying the one thing we all despite billions of government invest- the biofuel industry. agree on is we need to be off of foreign ment, as they call it. By the way, I have to remind every- oil. We need not to be dependent upon A recent DOD report revealed that one we have a bureaucracy called the the Middle East. Yet right now we the biofuels program will amount to an Department of Energy. They are the know no one is going to refute this ones who are supposed to be doing all extra $1.8 billion a year in fuel costs to fact, no one in this room, no one today of this experimentation we talked the Navy alone. That is just the Navy, or in the future, that when we had the about. Our Navy, according to the not the Air Force, not the rest of them. USGS reports and the other reports Chief of Naval Operations, ADM Jon This ludicrous pricetag is not sur- saying that we now are in a different Greenert, will see a 15-percent increase prising. position than we have been before. Peo- in the number of ships set to deploy, Through congressional oversight ef- ple are saying of the resources and the with the number of ships and attack forts, we found that in 2009—now listen reserves in fossil fuels—and I am talk- boats deployed at any time rising from to this, this is significant—the Navy ing about ‘‘oil and gas’’—we are No. 1 93 today to 107 by 2016. This increased paid an outrageous $424 a gallon for in the world now. We didn’t used to be. deployment rate will impact sailors 20,000 gallons of renewable diesel. In Two years ago we couldn’t have said and marines as well as the required December of 2011, the Navy purchased that. Right now we are. We have the maintenance of ships and aircraft. 450,000 gallons of biofuels for $12 mil- opportunity, and we can look at the op- President Obama talked about piv- lion, equaling about $27 a gallon. That portunity, in terms of our reserves that oting to Asia from the Middle East and is $27 a gallon we are talking about in are usable, of being totally self-suffi- some of the concentrations. This is our defense budget when we are paying cient. going to create another very serious for something that should cost $3, The other thing that is so disturbing, problem. When every defense cut dollar maybe $4 a gallon. when people talk about they don’t degrades our military readiness, why The Navy is not the only service want to be dependent on the Middle should we want our Navy to pay four being subjected to this greening agen- East, therefore we have to spend bil- times the amount than almost any da. Last month the Air Force bought lions of defense dollars to experiment other fuel, or in some cases 100 times 11,000 gallons of alcohol to jet fuel at on biofuels when, in fact, we could be the amount? With a military budget $59 a gallon, twice as much per gallon completely self-sufficient, all we have that continues to decrease, where is as what the Navy was forced to spend. to do is do what every other nation in the Navy going to get additional fund- So we are talking about amounts such the world does, and what is that? Every ing to pay its biofuel bill? as $400, $450, and $29 a gallon for fuel other nation in the world depletes it. What is the Navy willing to give up just to experiment, and this is some- They go after their own resources. We in order to pay this bill? What is DOD thing the Department of Energy should have recoverable reserves in gas and oil willing to give up in order to pay the be doing if anyone is going to be doing to take care of this country for the higher fuel bills? They have been talk- it. next 50 and 90 years, respectively, and ing about this on the other side. How- DOD has been forced to drastically yet we are trying to use this as an ar- ever, the higher fuel bills are not what cut its personnel, the number of bri- gument to go and spend this money on this section 313 is all about. We dis- gade combat teams, ships, fighters, and experimental biofuels. I think that cussed this in the committee. I fully airlift, and it has had to eliminate or part of the argument has to be exposed support the efforts that make it afford- postpone critical military moderniza- for what it is. It is a phony argument.

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.000 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15629 You know, we look, we see, and peo- With that, Mr. President, I yield the ing of alternatives to oil-based fuels is ple ask from around the world, they floor and reserve the remainder of the a ‘‘misplacement of priorities,’’ but say why is it that your country, the time. this argument is based largely on the United States—in my position on this Mr. LEVIN. Mr. President, I ask proposition that biofuels currently cost committee I have been asked this unanimous consent that at 2 p.m. more per gallon than petroleum. But many times—why is it that you are the today the Senate proceed to vote in re- the reality is that the makers of only country that won’t exploit its own lation to the Udall amendment No. biofuels have not reached full-scale resources, and I say, well, it is a polit- 2985; further, that there be no second- production, and the Department of De- ical thing. degree amendment in order to the fense contracts include research and Right now if you want to do some- amendment prior to the vote. development costs. So any attempt at thing about becoming energy totally The PRESIDING OFFICER. Is there a gallon-to-gallon analysis of biofuels sufficient—I asked the other day, be- objection? versus petroleum is really what I would cause the President keeps saying, well, Without objection, it is so ordered. call an apples-to-oranges comparison. The PRESIDING OFFICER. The Sen- you know, you are wrong because if we The fact is that DOD investments in ator from Oregon. were to develop all of our public lands biofuels development have resulted in a Mr. WYDEN. Mr. President, I wish to and be able to get the resources off of cost-per-gallon reduction—a cost-per- commend Chairman LEVIN, who has that, it would take 10 years for that to gallon reduction of 94 percent in just reach the pump—I actually called up a brought his usual thoughtful approach to these issues, and to thank him for the last 3 years. man named Harold Hamm. He has tes- Bloomberg New Energy Finance ana- tified before our committees up here in his help specifically in two areas in lysts predict that some aviation Washington several times. I said, let which I have been interested. biofuels will be cost-competitive with me ask you a question. I am going to I also see my friend Senator MCCAIN. standard jet fuel by 2018, given the con- be on a TV show and they are going to He and I have worked often on these tinuation of current rates of develop- ask me, if this administration would and other matters, and I thank him for ment. So in about 5 years, the Amer- lift all of the restrictions we have on his wise counsel as well. ican biofuels industry could produce public lands how long would it take for Mr. President, as I indicated, I am fuel for our military aircraft and vehi- the first barrel of oil that would come going to talk briefly on two amend- cles at a cost equal to that of foreign from that to reach the pumps? Other- ments in which I have a special inter- oil. wise, you go through the refining proc- est. The first is the amendment of Sen- The Truman National Security ess and all of that, because we have ator UDALL to strike section 313 of the heard this administration say it would bill. Project recently held a press call with take 10 years. Well, in fact, it would As a member of the Senate Com- retired generals, and one in particular take—his answer was—and I said: Be mittee on Energy and Natural Re- was quoted as saying the following: careful, Harold Hamm, because I am sources, I have followed closely the Moving away from oil . . . ensures we re- going to use your name on nationwide proposition that the Department of De- main the most capable and effective fighting fense is the single largest user of en- force on the planet. . . . And this is what TV. He said: Yes, I have thought about this is all about. This is not about politics or this. It would take 70 days. Not 10 ergy in the United States, with annual fuel expenditures in excess of $16 bil- saving polar bears. It is about being effective years but 70 days. as a fighting force. So we are talking about sufficiency lion. This is an extraordinary thirst Those are not my words but the that we could have just in this country the Department of Defense has for en- words of an important retired general. in a matter of days, not in a matter of ergy. It creates a host of issues for the So that is what this boils down to, in years. And I only bring that up—and I Pentagon, and fluctuations in global my view—having the most effective know people don’t think it should be energy prices can have dramatic effects fighting force and being in a position part of this debate, but it is because on defense spending. For every $10 in- to save the lives of our servicemem- they are using the argument that we crease in a barrel of oil, it costs the bers. have to use billions of defense dollars American military annually an extra I know there is going to be a fair in experimenting with biofuels to wean $1.3 billion. us off fossil fuels when, in fact, we are Recognizing the potential instability amount of discussion throughout the doing that now. And we have a Depart- DOD’s current energy needs can cause, debate on this bill about this issue, but ment of Energy that is responsible for military experts from across the var- I continue to believe that energy effi- actually carrying that out. The argu- ious branches of the armed services ciency and energy self-sufficiency in- ment completely falls on its face. have begun looking at ways to cut en- crease our national security. I hope my It was the U.S. Geological Survey re- ergy use and find energy alternatives. I colleagues will support the Pentagon’s port that revealed that America has 26 continue to hear all of this discussion alternative energy efforts and vote for percent of the world’s recoverable con- about how this is somehow a ‘‘green Udall amendment No. 2985. ventional oil reserves—which is more agenda,’’ that it is a subversive plot Briefly, I wish to turn my attention than we are using, so we could become and that it is being forced upon a re- to the other amendment I have, and I independent—and almost 30 percent of sistant Pentagon. I would like to take again thank Chairman LEVIN and Sen- the world’s technically recoverable a minute or two to say that I don’t ator MCCAIN for giving me this oppor- conventional gas resources. So with all think anything could be further from tunity to speak. these things in mind, the Congressional the truth, and I wish to describe for a This morning the Associated Press Research Service agrees and the USGS moment why I feel that way. reported that Iraq war contractor Kel- agrees we could become independent. First, those who oppose defense en- logg Brown & Root has sued the Fed- So it all comes together. ergy initiatives often argue that in to- eral Government to pay the $85 million This isn’t happening in a vacuum. We day’s fiscal environment, the country in damages KBR owes soldiers sickened have a good bill here, and we need to can’t afford to waste money on energy because of KBR’s negligence. get it done in the short period of time programs when it is necessary to pro- This case started in 2003 when mem- given us by the leadership. I think we vide for our Nation’s security. I don’t bers of the Oregon National Guard were can do it. I agree with the chairman of believe it is an either/or proposition be- assigned to provide security for con- the committee that we can get this cause my view is that an investment in tractors from KBR in Iraq at the done. But this one amendment is one energy efficiency and energy self-suffi- Qarmat Ali water treatment facility. that would, probably more than any ciency is hugely important to pro- These soldiers and others were exposed other amendment, take away our abil- tecting our country’s national security to dangerous levels of chemicals, in- ity to spend this money on readiness— in a dangerous time. cluding sodium dichromate, which con- on readiness for the experimental pro- I have heard some argue that mili- tains hexavalent chromium, one of the gram on green energy. tary research, development, and test- most carcinogenic chemicals on Earth.

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.000 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15630 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 28, 2012 A group of the exposed soldiers sued ing member for all their hard work in smaller level and thus stopping the KBR based on the evidence indicating putting together what is incredibly im- endangerment over the years of thou- KBR managers were aware of the pres- portant to support our troops and what sands of our troops. Shorter supply ence of the dangerous chemicals but they need, for their families’ needs, and lines means more flexibility for our failed to warn the soldiers working in giving us tools for a strong defense. men and women in uniform and less and around the plant. A jury recently Part of having a strong defense is danger for them on the front lines. agreed that KBR was negligent and making sure we give the military the I strongly support the Udall amend- awarded the soldiers $85 million in flexibility they need and deserve to use ment. I am pleased to be a cosponsor. damages, and more of the affected sol- the fuels that make sense for them and This will give our military the flexi- diers also have lawsuits pending, so the not tie their hands for any reason. As bility they need to accomplish their damage awards, in my view, are likely we go forward, we know there are op- mission. Why in the world would we to increase significantly. portunities to both save lives and dol- want to limit the flexibility of our However, a recently declassified in- lars by using a variety of fuels. This military as they move forward to the demnification provision in the contract amendment, by striking language that next generation of new technologies to between KBR and the U.S. military for stops the military from having that save dollars and lives? work in Iraq passed all financial liabil- flexibility, is very important. The PRESIDING OFFICER. The Sen- ity for misconduct from KBR to U.S. We all know our dependence on oil ator from Colorado. taxpayers, even in cases of—and I want has serious costs in terms of dollars Mr. UDALL of Colorado. Mr. Presi- to emphasize this—willful misconduct but, more importantly, in terms of dent, I ask unanimous consent that by KBR. These provisions also provided lives. One in every 50 convoys results Senators HAGAN, KERRY, BEGICH, and for unlimited reimbursement of legal in a U.S. casualty. We lose an Amer- FRANKEN be added as cosponsors of my costs incurred by KBR. In effect, the ican life from every 50 convoys. Since amendment No. 2985. company—KBR—was handed a blank 2003 more than 3,000 troops have been The PRESIDING OFFICER. Without check drawn on the American tax- killed in those attacks. Most of the objection, it is so ordered. payer, and yesterday the company time, military leaders will tell us: We Mr. UDALL of Colorado. Mr. Presi- went to court to cash that check. are moving troops and moving fuel to dent, I believe we are reaching the end My amendment would prevent DOD be able to support the troops. So we of our time. from putting the American taxpayer on need to give the military opportuni- The PRESIDING OFFICER. All the hook for the negligence of contrac- ties, whether it is from new kinds of Democratic time has expired. tors without notifying Congress. Our hydrogen fuel cells or biofuels or ad- Mr. UDALL of Colorado. I would add soldiers know when they sign up that vanced batteries. just a couple final remarks. they are putting their lives on the line, There is a tremendous amount of I think we have heard a compelling but they expect their commanders and work that is happening in Michigan reason to remove section 313 from the the contractors working beside them to through TACOM and TARDEC, which National Defense Authorization Act. not expose them to unnecessary risk. are the arms of the Army that are National security is energy security Both the DOD inspector general and doing the very important research and and vice versa. Let’s stand with our a jury have confirmed what Oregon sol- development of new technologies, and military leadership, let’s stand with diers and I and other members of the they have now developed advanced bat- our NCOs, and let’s stand with our en- Oregon congressional delegation have tery technology they are using in the listed personnel and ensure that the been saying for years—that KBR failed field that will save money and lives. So military can continue to invest in this to protect our soldiers from a known these are important things to be doing important area of energy security threat. We can’t know if the fact that as we move forward to the future, and which will save lives, create economic KBR had basically a get-out-of-jail-free the Udall amendment would guarantee opportunity, and make sure we can card caused them to be negligent, but we can continue to do that. project force abroad and protect the what we do know is we shouldn’t let The Navy estimates that they spend values we hold so dear. this happen again. about $84 billion—$84 billion—every I urge my colleagues to vote for this My amendment was debated as part year protecting oil supplies. Think amendment at 2:00 p.m. We have a ten- of the last DOD authorization bill, and about that—not being able to do what tative agreement. my understanding is that it was actu- we need to do on the front lines in Mr. President, I yield the floor. ally acceptable to both sides, but we terms of defense but just protecting Mr. SANDERS. Mr. President, it is weren’t able to get it into the final bill. the oil supplies, shipping lanes, and not a tentative agreement; there is a I hope now, especially in light of to- commercial vessels in the Persian Gulf unanimous consent order that we are day’s news right over the wire services region alone. going to vote at 2 o’clock. this morning, we can agree to include Again, this amendment would save The PRESIDING OFFICER. The Sen- this amendment before more of our lives, save money, and it would allow ator is correct. brave men and women in uniform are the Department of Defense to move for- Mr. UDALL of Colorado. Mr. Presi- harmed by the actions of negligent ward on these new technologies, such dent, I urge all my colleagues to sup- contractors who then try to pass the as hydrogen, E85, and biofuel blends for port this amendment at 2 p.m. buck to American taxpayers. flex-fuel vehicles such as the ones we Mr. MCCAIN. Mr. President, I inquire I again thank Chairman LEVIN and are building in Michigan. These new of the Chair, what are we waiting for? his staff for their leadership, and I look technologies are our future. They are The PRESIDING OFFICER. To get on forward to working with them, particu- our future in jobs, and they certainly the amendment offered by the Senator larly on this amendment here this are our future as it relates to saving from Colorado. afternoon. dollars and getting us off foreign oil The Senator from Michigan. With that, Mr. President, I yield the and, as I said before, are so important Mr. LEVIN. Mr. President, I support floor. to our military and to all of us in sav- the amendment introduced by Senator The PRESIDING OFFICER. The Sen- ing American lives. UDALL of Colorado. The purpose of this ator from Michigan. The operational benefits of using dif- amendment is to strike section 313 Ms. STABENOW. Mr. President, I ferent kinds of fuel are enormous. We from the National Defense Authoriza- rise to speak in favor of the Udall have research going on in Michigan tion Act that would place undue re- amendment, of which I am very pleased right now around advanced batteries. I strictions on Department of Defense’s to be a cosponsor. I want to start, was pleased to be there at the launch of alternative energy investments. This though, by thanking our terrific chair- the first advanced-battery Jeeps going provision, during our committee mark- man, who we are so proud is from into the field, allowing those convoys up, passed by the closest of margins by Michigan, and the distinguished rank- of trucks to be brought down to a much a 13–12 vote.

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.000 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15631 Section 313 aims to block the Depart- tic alternative. Yet section 313 appears we allow the DOD the freedom to pur- ment from purchasing or producing al- designed to ensure that the DOD re- sue a domestic production capability ternative fuels if the cost exceeds that mains entirely dependent upon tradi- and it is a smart long-term investment. of traditional fossil fuels. This would tional fossil fuels. Keeping section 313 would hinder ef- force key decisions regarding energy Admittedly, the current price for al- forts currently underway to curtail our security to be made exclusively on the ternative fuel is high. For example, the reliance on foreign oil by fostering a basis of cost, without regard for the Navy purchased biofuel this past July domestic biofuel capacity. Those in op- mission, military capability, or cir- for demonstration purposes at approxi- position to the Department’s alter- cumstance. mately $16 per gallon. Yet small native energy investments have argued Maybe the intent of section 313 to batches of any new technology are ex- that the cost of these initiatives is too kill the alternative fuel project cur- pensive, as that is the very nature of high. They claim that the money would rently being conducted under the au- research and development. With time be better spent on other priorities thority of the Defense Production Act, to develop a domestic alternative fuel within the DOD. Mr. President, these Title III. However, the impact this pro- market, the costs of alternative fuels arguments are shortsighted. The De- vision would have on our military oper- will continue to drop, as the price has partment has told us that investment ators, creates a real strategic vulner- already been cut in half since 2009. Fur- in alternative fuels represents less ability to our men and women on the thermore, our military has a rich his- than 4 percent of the Department’s ground, which reach far beyond tory of innovation. Investments in total planned investment in oper- biofuels. For example, if the Depart- technology such as global positioning ational energy initiatives over the next ment wanted to deploy a hydrogen- services, microchips, and the Internet 5 years, and less than 0.6 percent of fueled unmanned aerial vehicle that have each carried with them signifi- what the Department spent on fuel last could operate for an extended duration cant up-front costs, but have ulti- year. Our military leaders have stated in a combat zone, this amendment mately paid sizeable dividends far be- time and again that it is in our na- would prevent that since the cost of yond their initial military usage. tional security interest to make these hydrogen fuel may be higher than a The Navy has a notable and effective strategic investments, that there is a traditional fossil fuel. Or if the Depart- track record in the arena of alternative concrete need to increase flexibility ment wanted to generate fuel or energy fuel development, going back to when and insulate our forces against vola- at tactical locations, including waste- the Navy first switched from sails to tility in the global oil market. For the to-energy technology, which the DOD steam and coal in the 1850s. Once again future, our men and women in uniform is exploring today, section 313 would from coal to oil around the time of will need alternative fuels to keep our again prevent that. Section 313 may World War I, and in the 1950s from oil supplies diverse and effective, espe- also prevent the Department from pur- to nuclear propulsion for aircraft car- cially for our legacy fleet of ships and chasing non-traditional fossil fuels, riers and submarines. And each period planes, which will be with us for dec- such as E85 or B20 biofuel blends, for has had its complement of critics. Yet ades to come. The DOD has been exam- flex fuel vehicles. Potentially, any fuel think of where we would be today with- ining, testing, and certifying alter- which is not a ‘‘traditional fossil fuel’’ out that long-term eye toward innova- native fuels for operational use since could be affected. tion and military capability. 2003. Last July, the Navy successfully Mr. President, the sponsors of section In section 313 there is yet another demonstrated biofuels with no oper- 313 have focused on current high costs practical problem in its exception ational differences in the performance associated with the production of alter- clause, which allows the Department to of their ships and aircraft. These ef- native fuels. However, Secretary of the continue engine or fleet certification of forts are relatively small, yet an im- Navy, Ray Mabus, has already testified 50/50 fuel blends. That is far too narrow portant part of the Department’s strat- before the Armed Services Committee to cover the wide-ranging array of re- egy to improve energy security. that the Navy will not purchase any al- search and development activities con- Section 313 is in direct conflict with ternative fuel for operational purposes ducted by the Department. In the fu- these goals. Reducing our dependence until they are cost-competitive with ture, it may be determined that the on fossil fuels is a strategic vision that traditional fossil fuels. It’s as simple as proper ratio for a weapons platform re- has been articulated and embraced in that. The Department is positioning quires a blend of 60/40, or 70/30. Lim- the past on a bipartisan basis—by itself to take advantage of drop-in al- iting the DOD to only 50/50 blends President George W. Bush in his 2006 ternative fuels when they are cost com- would put an entirely arbitrary restric- State of the Union Address and by a petitive with traditional fossil fuels. tion upon the Department, and is sim- large bipartisan majority in Congress This is a prudent insurance policy that ply not wise. in the Energy Independence and Secu- requires investments today, which sec- Mr. President, the DOD and Sec- rity Act of 2007. That bipartisan path is tion 313 would prevent. retary Mabus have told us that the de- still the best approach today. For years now, the Department has velopment of a domestic capability to I thank Senator UDALL and the co- been subjected to significant spikes in produce cost-competitive advanced sponsors for introducing this impor- the global price of oil, which has cre- drop-in biofuels at a commercial scale tant amendment. I urge my colleagues ated huge bills to pay, leaving less is important to our long-term national to support this effort to ensure that funding for training exercises, flying security. It is a core defense need. We our military has the flexibility nec- hours, steaming days, and other nega- were also reminded of our strategic essary to meet their energy require- tive impacts to readiness. The Depart- vulnerability to fossil fuels and the ments and bolster our national secu- ment estimates that for every 25 cent need to improve our energy security in rity, by striking section 313. increase in the prices of a gallon of oil, the last iteration of the 2010 Quadren- Mr. SANDERS. Mr. President, I un- it costs the DOD an additional $1 bil- nial Defense Review. There are valid derstand Senator BAUCUS and Senator lion to cover the costs, whether it is a questions concerning how much a gal- MURRAY are on their way and wish 5 result of foreign actions or natural dis- lon of biofuel will cost in the long run minutes each to speak relative to this asters such as Hurricane Katrina. The compared to a traditional fossil fuel. amendment. I ask unanimous consent advancement of a reliable, domestic Last year alone, the DOD purchased that between now and 1 o’clock, they energy source such as biofuel would billions of gallons of fuel at a cost of be allocated 5 minutes each and that provide us with a safeguard against $15.3 billion to conduct worldwide mili- the amendment then still would be the such unpredictable expenses. In my tary operations. And we now pay 225 pending amendment. view, global price volatility is a burden percent more for fossil fuel than we did I ask unanimous consent that we now the Department should not be sub- just 10 years ago. And 12 percent of our proceed to the amendment of Senator jected to, particularly if it can be gross domestic product goes to fuel for MCCAIN and that when those two Sen- avoided by establishing a viable domes- automobiles. By striking section 313, ators arrive and are recognized, they be

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.000 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15632 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 28, 2012 allowed to speak for 5 minutes each on (c) FUNDING.— Guard Program is necessary or advisable in the Udall amendment. (1) BUDGET REQUESTS.—The budget of the light of any change in the nature of threats The PRESIDING OFFICER. Is there President for each fiscal year after fiscal to United States embassies, consulates and objection to the request for extra time year 2013, as submitted to Congress pursuant other diplomatic facilities abroad, the Presi- to section 1105(a) of title 31, United States dent shall— for Senator BAUCUS and Senator MUR- Code, shall set forth as separate line ele- (A) notify Congress of such modification RAY? ments, under the amounts requested for such and the change in the nature of threats Without objection, it is so ordered. fiscal year for each of procurement, oper- prompting such modification; and Mr. SANDERS. Mr. President, I ask ation and maintenance, and military per- (B) take such modification into account in unanimous consent that Senator WEBB sonnel to fully fund each of the following: requesting an end strength and funds for the be added as a cosponsor to Senator (A) The Marine Corps. Program for any fiscal year in which such MCCAIN’s amendment that he is now (B) The Marine Corps Security Guard Pro- modification is in effect. going to offer. gram, including for the additional personnel Mr. MCCAIN. This amendment is to under the Marine Corps Security Guard Pro- authorize additional Marine Corps per- The PRESIDING OFFICER. Is there gram as result of the plan required by sub- objection? Without objection, it is so section (a). sonnel for the performance of security ordered. (2) PRESERVATION OF FUNDING FOR USMC functions for the U.S. Embassies, con- The Senator from Arizona. UNDER NATIONAL MILITARY STRATEGY.—In de- sulates, and other diplomatic facilities AMENDMENT NO. 3051 termining the amounts to be requested for a abroad. Mr. MCCAIN. Mr. President, I call up fiscal year for the Marine Corps Security The tragic events in Benghazi on amendment No. 3051 and ask for its im- Guard Program and for additional personnel September 11 and the ongoing tumult under the Marine Corps Security Guard Pro- throughout the Middle East and north mediate consideration. gram under paragraph (1), the President The PRESIDING OFFICER. Is there Africa should serve as a stark reminder shall ensure that amounts requested for the that the security environment con- objection? Without objection, it is so Marine Corps for that fiscal year do not de- ordered. grade the readiness of the Marine Corps to fronting American personnel serving in The clerk will report. fulfill the requirements of the National Mili- U.S. Embassies and consulates abroad The legislative clerk read as follows: tary Strategy. is as dangerous as any time I can re- (d) REPORTS.— member. The Senator from Arizona [Mr. MCCAIN], (1) REPORTS ON PROGRAM.—Not later than for himself and Mr. PORTMAN, proposes an Despite claims by some, al-Qaida and October 1, 2014, and annually thereafter amendment numbered 3051 to S. 3254. its affiliates remain dangerous and de- through October 1, 2017, the Secretary of De- termined to kill Americans. This re- Mr. MCCAIN. Mr. President, I ask fense shall, in coordination with the Sec- ality must force us to reassess the unanimous consent that further read- retary of State, submit to Congress a report ing of the amendment be dispensed on the Marine Corps Security Guard Pro- threat to U.S. Embassies and con- with. gram. Each report shall include the fol- sulates around the world and provide The PRESIDING OFFICER. Without lowing: additional resources and military end objection, it is so ordered. (A) A description of the expanded security strength; that is, U.S. marines, to in- support provided by Marine Corps Security The amendment is as follows: crease protection of diplomatic per- Guards to the Department of State during sonnel from those threats. This amend- (Purpose: To authorize additional Marine the fiscal year ending on the date of such re- Corps personnel for the performance of se- ment will do that. It will provide the port, including— necessary end strength and resources curity functions for United States embas- (i) any increased internal security provided sies, consulates, and other diplomatic fa- at United States embassies and consulates to support an increase in Marine Corps cilities abroad) throughout the world; security at U.S. Embassies and con- At the end of subtitle A of title IV, add the (ii) any increased support for emergency sulates throughout the world—up to following: action planning, training, and advising of 1,000 additional personnel—in par- SEC. 402. ADDITIONAL MARINE CORPS PER- host nation security forces; and ticular at locations identified by the SONNEL FOR THE MARINE CORPS (iii) any expansion of intelligence collec- Secretary of State as in need of in- SECURITY GUARD PROGRAM. tion activities. creased security in light of known and (a) ADDITIONAL PERSONNEL.— (B) A description of the current status of emerging threats to U.S. personnel and (1) IN GENERAL.—The Secretary of Defense Marine Corps personnel assigned to the Pro- shall develop and implement a plan which gram as a result of the plan required by sub- property by terrorists. shall increase the number of Marine Corps section (a). Most Americans believe that U.S. personnel assigned to the Marine Corps Em- (C) A description of the Department of De- marines are stationed to protect our bassy Security Group at Quantico, Virginia, fense resources required in the fiscal year Embassy personnel abroad, but I think and Marine Security Group Regional Com- ending on the date of such report to support they would be surprised to learn that mands and Marine Security Group detach- the Marine Corps Security Guard program, marines are assigned in only slightly ments at United States missions around the including total end strength and key sup- more than half of our diplomatic mis- world by up to 1,000 Marines during fiscal porting programs that enable both its cur- sions worldwide—182 missions in 137 years 2014 through 2017. rent and expanded mission during such fiscal countries. Moreover, their numbers are (2) PURPOSE.—The purpose of the increase year. under paragraph (1) shall be to provide the (D) A reassessment of the mission of the small. A typical detachment consists of end strength and resources necessary to sup- Program, as well as procedural rules of en- only six military Marine personnel. port an increase in Marine Corps security at gagement under the Program, in light of cur- Today there are 126 U.S. diplomatic United States consulates and embassies rent and emerging threats to United States missions outside the United States throughout the world, and in particular at diplomatic personnel, and a description and without Marine Corps security protec- locations identified by the Secretary of assessment of options to improve the Pro- tion, including parts of Asia and Africa State as in need of increased security in gram to respond to such threats. where we suspect al-Qaida is expanding light of threats to United States personnel (E) An assessment of the feasibility and ad- and property by terrorists. visability of authorizing, funding, and ad- its presence. (b) CONSULTATION.—The Secretary of De- ministering the Program as a separate pro- As the nature of threats to American fense shall develop and implement the plan gram within the Marine Corps, and if such diplomatic personnel is changing, the required by subsection (a) in consultation actions are determined to be feasible and ad- Marine Corps security guard mission with the Secretary of State pursuant to the visable, recommendations for legislative and has not. The current mission of this responsibility of the Secretary of State for administrative actions to provide for author- program dates back to the post-war era diplomatic security under section 103 of the izing, funding, and administering the Pro- of 1948, principally for the protection of Diplomatic Security Act (22 U.S.C. 4802), and gram as a separate program within the Ma- classified information and equipment in accordance with any current memo- rine Corps. in diplomatic facilities. randum of understanding between the De- (2) REPORT ON CHANGES IN SCOPE OF PRO- partment of State and the Marine Corps on GRAM IN RESPONSE TO CHANGING THREATS.—If The Marine Security Guard Program the operational and administrative super- the President determines that a modifica- is also the only Marine Corps program vision of the Marine Corps Security Guard tion (whether an increase or a decrease) in that is under the operational command Program. the scope of the Marine Corps Security of the Department of State. For this

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.000 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15633 reason, this amendment would also re- supported it to make sure our military day. The Department estimates that quire the President to present discrete has the equipment and resources and for every 25-cent increase in the price budget requests for Marine Corps secu- effective policies it needs to perform per gallon of oil, it will spend over $1 rity personnel overseas in support of its mission. But I can’t support the in- billion in additional fuel costs. Given diplomatic personnel and Marine Corps clusion of provisions that would se- the high price of oil and gas, that is end strength and resources required to verely limit the Department’s ability not a bet I want to make long term. maintain readiness to protect our na- to use alternative fuels. I strongly be- We are facing difficult fiscal times, tional security. These are distinct mis- lieve those limitations will cause last- as everyone here knows, and the De- sions, and increasing one—as is nec- ing harm to our national security and partment of Defense, like the rest of essary in light of the attack in our military readiness and our efforts the Federal Government, has to make Benghazi—cannot come at the expense to decrease American dependence on sure it is responsibly spending tax- of another. foreign oil. That is why we are consid- payer dollars—today and tomorrow. Americans may believe our marines ering an amendment that I cosponsored The Department’s efforts to develop al- are the first line of defense in attacks that will strike one of those troubling ternative fuels is in keeping with the on diplomatic compounds overseas. The provisions in section 313 of the com- best traditions of military technology truth is that they are not. They are not mittee-passed bill. development programs. mandated to engage with attackers and As many of our colleagues are aware, In the past, programs have brought in some cases may not be permitted to DOD is the single largest consumer of us products that have benefited both engage. For this reason, this amend- oil in the world, using over 355,000 bar- DOD and the civilian users, such as ment calls on the Department of De- rels of oil per day in fiscal year 2011. GPS or jet engines, microwave ovens, fense to reassess this mission and rules Even though we have increased the do- and cell phones. Our Navy pioneered of engagement as we increase our capa- mestic supply of traditional fossil fuels the transition from sails to coal, from bility to protect embassies and con- here in the United States, the price of coal to oil, and from oil to nuclear oil is still set on the global market. sulates throughout the world. power. I know we can make the next As the world now knows, there were That means that DOD’s fuel bill was leap to alternative fuels—and we need no marine guards at the consulate at significantly more than it had budg- to. Benghazi at the time of the September eted for, mostly, of course, due to the Our Nation’s reliance on foreign oil is 11 attack despite the rapidly deterio- price of fuel being higher than ex- a significant and well-recognized mili- rating security situation. Would their pected. In fact, in fiscal year 2012, the tary vulnerability. Our military lead- Navy alone was $500 million over its presence have made a difference and ers are telling us the ability to use budget for fuel, and that is just one of saved the lives of our heroic Ambas- fuels other than petroleum is critical our services. So what does that mean? sador and his security personnel? I to our national energy security. The It means our military leaders have had think I know the answer to that ques- Department is strongly opposed to the to pull billions of dollars from oper- tion, and so do the American people. language limiting its flexibility in the ational accounts in recent years, which So I think it is time for the adminis- committee-passed bill, and DOD sup- has led to decreased unit readiness, de- tration to rapidly complete a reassess- ports our amendment. ferred maintenance on some of their ment of the risk to U.S. personnel con- I urge our colleagues to join us and critical equipment, and less training ducting diplomacy abroad posed by ter- support the amendment we will be vot- for our troops preparing for deploy- rorists and others wishing to do us ing on shortly and strike this troubling ment into harm’s way. Conveniently, harm and ensure that personnel at all provision. critics of biofuels leave out these very 285 missions, not just 182, have ade- I yield the floor. real threats when they insist on the quate protection, including by U.S. ma- The PRESIDING OFFICER. The Sen- kinds of harmful policies the amend- rines. I am not saying this amendment ator from Arizona. ment we are offering addresses. AMENDMENT NO. 3051 requires that marine presence at every It is true that alternative fuels will one of these missions. What we are say- Mr. MCCAIN. I ask unanimous con- not replace fossil fuels in the imme- sent the following Senators be added as ing is that as a result of the risk as- diate future, but it is also true that re- sessments, we have sufficient author- cosponsors to my amendment No. 3051: placing even a fraction of the oil con- Senators INHOFE, AYOTTE, BROWN of ization and appropriation for adequate sumed by the Department of Defense protection, part of which—and a major Massachusetts, and WEBB. with domestic alternative fuels will ad- The PRESIDING OFFICER. Is there part—is the presence of the U.S. Ma- vance our national security and our objection? Without objection, it is so rine Corps. military readiness, it will save many I call on my colleagues to fulfill the ordered. millions of dollars, and it will protect The Senator from Michigan. mission of the Marine Security Guard the Department from the price vola- Mr. LEVIN. Mr. President, I ask Program to ensure that U.S. personnel tility of the global oil market and spur unanimous consent Senator BOXER also are protected and authorize the nec- a domestic industry that will decrease be allocated 5 minutes to speak on the essary end strength and resources for our dependence on foreign oil. pending amendment. the Marine Corps to achieve this nec- Some of our colleagues have said this The PRESIDING OFFICER. Is there essary goal. is all about the cost of alternative fuel, objection? The Senator from Arizona. Mr. President, at this time I yield to and they will likely use some mis- Mr. MCCAIN. Mr. President, are we Senator MURRAY. leading figures attributed to a training going to voice-vote the amendment at The PRESIDING OFFICER. The Sen- exercise that actually, by the way, this time? ator from Washington. ended up proving these types of fuels Mr. LEVIN. Can I ask the Senator AMENDMENT NO. 2985 work seamlessly. But the truth is that from Montana if he wishes to speak on Mrs. MURRAY. Mr. President, I the cost of biofuels has decreased by the Udall amendment? thank the Senator from Arizona for al- over 50 percent in the last 2 years Mr. BAUCUS. Correct. lowing me to speak about an amend- alone. The truth is that the test fuel Mr. LEVIN. Mr. President, I know of ment we are going to be voting on at 2 purchase they like to mention was only no further debate on Senator MCCAIN’s o’clock. I wish to express my concerns 0.3 percent of the Navy’s annual fuel amendment No. 3051. We are not quite with provisions in the Defense author- bill. And the truth is that those con- ready. ization bill that we are currently con- cerns over costs don’t take into ac- The PRESIDING OFFICER. The Sen- sidering that would limit the Depart- count the very real and very high price ator from Montana. ment of Defense in investing in alter- of inaction and continued dependence AMENDMENT NO. 2985 native fuels. on oil. Mr. BAUCUS. Mr. President, I thank This underlying bill is a very impor- I mentioned earlier that the Depart- my good friends from Michigan and Ar- tant piece of legislation. I have always ment uses 355,000 barrels of oil every izona for their gracious willingness to

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.000 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15634 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 28, 2012 find an opportunity for me to make a mental to Montana’s alternative fuel The motion to lay on the table was brief statement. industry. agreed to. I rise today in strong support of the As a result of investing in biofuels, Mr. LEVIN. Mr. President, was Sen- amendment to protect the military’s renewable Montana-grown crops like ator BOXER’s 5 minutes agreed to? ability to purchase American-made camelina have been used by our mili- The PRESIDING OFFICER. Yes. fuels. tary as the predominate feedstock for Mr. LEVIN. I suggest the absence of Powering our military with Amer- biofuel blends. I call these freedom a quorum. ican-made energy makes our country fuels. Why? Because they help get us The PRESIDING OFFICER (Mr. safer and our economy stronger. Tying off of foreign oil and help bring good UDALL of New Mexico). The clerk will our hands and forcing the American paying jobs to Montana. call the roll. military to depend on foreign oil is Researchers at Montana State Uni- The legislative clerk proceeded to short-sighted and dangerous. Instead, versity Northern in Havre, MT showed call the roll. we need to give our commanders the early that camelina to be a promising Mr. LEVIN. Mr. President, I ask flexibility to power our military with dryland crop for use in biodiesel and unanimous consent that the order for homegrown energy, like Montana other bioproducts. Camelina, also the quorum call be rescinded. camelina that supports jobs right here known as ‘‘Gold of Pleasure,’’ is an oil- The PRESIDING OFFICER. Without in America. seed crop that includes canola, mus- objection, it is so ordered. The Department of Defense is the tard and broccoli. The small-seeded, Mr. LEVIN. Mr. President, I ask largest single user of oil in the world— cool-climate crop has been grown in unanimous consent that there be a pe- consuming more than 355,000 barrels of Europe and the Northern plains of the riod of debate only on S. 3254, the De- oil per day last year. Despite increased United States. fense authorization bill, until 2 p.m. domestic production of fossil fuels, ris- Since its initial production, the cost The PRESIDING OFFICER. Without ing global prices and market volatility per gallon of camelina-based fuel in objection, it is so ordered. caused DOD’s fuel bill to rise by more Montana has dropped annually by half. Mr. LEVIN. I note the absence of a than $19 billion in 2011. The trend is ex- That is another reason why I think it quorum. pected to continue. makes sense to ramp up our domestic The PRESIDING OFFICER. The This is why I strongly support the ef- energy production, whether it is clerk will call the roll. forts of our military leaders—that is biofuels wind, coal, oil, natural gas, or The legislative clerk proceeded to what they want—to develop and em- hydropower. We need an energy policy call the roll. ploy alternative fuels. Our military that puts America back in control. We Mr. NELSON of Florida. Mr. Presi- leaders recognize the problem of rising must reduce our dependence on foreign dent, I ask unanimous consent that the fuel costs and dependence on foreign oil and work to develop all of our do- order for the quorum call be rescinded. oil. The Pentagon’s largest energy mestic resources—just like we have in The PRESIDING OFFICER. Without user, the Air Force, has established a my State of Montana. objection, it is so ordered. goal of purchasing half of its domesti- Alternative fuels will not replace fos- FISCAL CLIFF cally consumed aviation fuel from al- sils fuels all-together—no way. How- Mr. NELSON of Florida. Mr. Presi- ternative sources by the end of 2016. ever, replacing even a small fraction of dent, while we are waiting for further The Navy has also invested in the F–18 fuel consumed by our military with al- debate on the Defense authorization Green Hornet program—a fighter jet ternative fuels made here in the United bill and any possible amendments, I powered by a biofuel blend. States can improve strategic flexi- wanted to offer a couple of comments The DOD relies on a sustainable bility, insulate the defense budget from regarding all of the concern in the Na- biofuel market to meet its goal of less- spikes in the cost fossil fuels, create tion about the fiscal cliff as we ap- ening the nation’s dependence on for- good-paying jobs for Americans, and proach that fateful day of December 31 eign oil. It is very important to the make the United States a more secure and the need to get something done. Pentagon. Regrettably, a provision in nation. In the opinion of this Senator, se- the underlying bill will limit our mili- I yield the floor. questration, which is this additional The PRESIDING OFFICER. The Sen- tary’s ability to develop alternative cut of $1 trillion in a most unorthodox ator from Michigan. fuels. way, is like a meat cleaver coming Mr. LEVIN. Mr. President, I ask Members on both sides of the aisle down and cutting off—I am rounding unanimous consent that Senator are concerned that this section of the here—$1⁄2 trillion off defense and $1⁄2 BOXER be allocated 5 minutes of debate Committee-passed bill would cause trillion off nondefense discretionary. time on the Udall amendment. Sequestration, let us remember, in the harm to our national security and mili- The PRESIDING OFFICER. Is there historical context was never supposed tary readiness. That is why I am fight- objection? ing to allow the Pentagon to enter into to happen. Sequestration was a mecha- AMENDMENT NO. 3051 nism that was set up in the Budget long-term deals to buy biofuels as long Mr. LEVIN. We are waiting for just Control Act in August 2011, almost a as they are made right here in the one further word on the McCain year and a half ago. The act called for USA. amendment. We hope to be able to Montana is in the perfect position to $1 trillion to be cut off of the top to voice-vote that in the next few min- provide the homegrown fuels our Na- begin with, and it set up a process by utes. which additional deficit reduction over tion needs to move toward energy secu- The PRESIDING OFFICER. On the rity. a 10-year period would occur. That matter of Senator BOXER, without ob- process was—after the $1 trillion was There is clearly a demand from both jection, it is so ordered. the military and the private sector to Mr. LEVIN. Mr. President, I support whacked off, which it already has use American-made biofuels. the McCain amendment. been—a supercommittee of six from In 2011, the Navy, the Department of Mr. MCCAIN. I urge adoption of the the House and six from the Senate Energy and the Department of Agri- amendment. would deliberate and a majority vote of culture aimed to assist the develop- The PRESIDING OFFICER. Is there that committee of 12 could determine ment and support of a sustainable com- further debate? If not, the question is additional deficit reduction that would mercial biofuels industry. They inves- on agreeing to the amendment. apply over the next 10 years. tigated the development biofuels as al- The amendment (No. 3051) was agreed To give a little incentive for that ternatives to diesel and jet fuels. to. supercommittee not to deadlock, the The agreement included Montana Mr. LEVIN. Mr. President, I move to process of sequestration was set up farmers and corporations. Limitations reconsider the vote. which, in effect, was this meat cleaver placed on our military’s procurement Mr. MCCAIN. I move to lay that mo- that in a nondiscriminate way was of alternative fuel would be detri- tion on the table. going to drop a meat ax approach of

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another $1⁄2 trillion out of defense and which is what this place has not been ticularly not happen to the child of $1⁄2 trillion out of nondefense discre- operating on in a long while. someone from our military service. tionary, which nobody wanted. It was I wanted to share that memory of That is why I am submitting an never contemplated sequestration was one of the great moments of govern- amendment requiring TRICARE to going to go into effect because the ef- ment working as our government is in- cover medically recommended autism fects were going to be so onerous that tended to work. treatments, including ABA therapy, in surely people of goodwill could come With that, I yield the floor. a manner that is consistent with best together on a 12-member committee I suggest the absence of a quorum. practices so our military families, our and not deadlock. But, instead, at least The PRESIDING OFFICER. The heroes, get the care they need for their one would provide the majority, even if clerk will call the roll. children, children such as Shane and it were only 7 to 5 out of the 12, be- The assistant legislative clerk pro- Joshua. cause the alternative was so ceeded to call the roll. Every parent who has a child with unpalatable. Mrs. GILLIBRAND. Mr. President, I autism faces challenges in ensuring Of course, we know what happened. ask unanimous consent that the order that their child has access to the treat- People of goodwill, in this highly for the quorum call be rescinded. ments they desperately need. For mili- charged atmosphere of the coming The PRESIDING OFFICER. Without tary families, these challenges are Presidential election—this is almost a objection, it is so ordered. often compounded by frequent deploy- year and a half ago—could not agree. Mrs. GILLIBRAND. Mr. President, I ments overseas, frequent movements to The ugly head of excessive partisanship rise to speak on behalf of the approxi- different bases across State lines, and raised itself, and the ugly head of ex- mately 20,000 military families with sometimes gaps in coverage. cessive ideological rigidity raised loved ones on the autism spectrum. Today, TRICARE coverage of ABA is itself, and the supercommittee dead- Sadly, thousands of these Americans severely limited. It is capped at $36,000 locked 6 to 6 which, under the law, left suffering from autism are not receiving per year for an Active-Duty service- the meat cleaver to drop, the budget the treatments that are the best prac- member. This falls far below what is meat ax to drop. That is what we are tices that have been determined they medically recommended. This care is facing today. We are facing something need. These military families are re- limited to Active-Duty servicemembers that nobody ever intended to go into ceiving fewer services than their civil- only. Guard and Reserve families re- effect. ian government counterparts across ceive intermittent care, and children of So how do we get out of this? We the country, many of whom have been retirees cannot get any coverage at all. As a consequence, military service- have people of goodwill that have to be rightly aided by laws passed in over 60 members must often turn to State-run reasonable and utilize a little common percent of our States representing over Medicaid programs to help their chil- sense, lessen their partisanship, lessen 75 percent of the country’s population. dren, but these programs are often un- their ideological rigidity. That is the Autism places tremendous strains on available to a mobile military family atmosphere under which we can come our Nation’s military families and non- because of the extensive wait lists. In together. military families—including tremen- Maryland, for example, the wait is 17 I wish to tell a story and then I am dous health, financial, and emotional years long, essentially eliminating going to sit down. I wish to tell the tolls. I wish to share briefly just a cou- ABA coverage during the early devel- story about one of the brightest shin- ple stories from our brave military opment years when a child needs it ing moments in government which oc- families. most. The wait list in Virginia, for ex- curred back in 1983 when this Senator One veteran was severely wounded in Iraq while heroically serving our coun- ample, is over 10 years long. was a young Congressman. We were Even more remarkable than try. His injuries forced him to medi- within 6 months of Social Security TRICARE not covering these treat- cally retire. Because he is retired, his running out of money. Two old Irish- ments is that the Office of Personnel autistic son Shane was no longer eligi- men, one who was President, and his Management has already determined name was Reagan, and the other one ble to receive the ABA services he had that such treatments may be covered who was Speaker, and his name was previously received. The wait list for as medical therapies for Federal civil- O’Neill, decided they were going to do Medicaid waiver services is over 9 ian employees. A recent court decision, something about this. They were rea- years. Shane’s family had to sell their which DOD is still reviewing and may sonable people who could operate in a home to pay the roughly $5,000 per appeal, determined that TRICARE bipartisan way and in a nonideological month of out-of-pocket expenses that must cover these treatments, but this way. the ABA treatments require that he so decision is being applied under the They said: What we are going to do is desperately needs. The money is run- most narrow definition in the interim, take this subject that is so thorny— ning out for their family, and their limiting the potential pool of pro- namely, Social Security—so thorny at family’s effort is only to do what is viders. This amendment basically re- the time of elections, and we are going best for their son. Without any relief, quires TRICARE to provide coverage to take it off the table at the next elec- we risk allowing brave military fami- and deliver services in a manner that is tion so as not to use it as a hammer to lies just like this one to fall through consistent with best practices. This beat your opponent over the head, and the cracks. would, thereby, improve access to care we are going to do it in the mechanism Another Active-Duty marine, who for our military families, and it would of a blue ribbon panel that is going to has served in Iraq and Afghanistan finally align TRICARE with the other make recommendations on the sol- three times, has maxed out his ABA types of coverage that is available in vency of Social Security. care for therapy treatments to treat civilian sectors. That committee met. They reported his 11-year-old autistic son Joshua. We have a duty to stand by our mili- to the Congress in a bipartisan way, Joshua is nonverbal and his safety is a tary families and to address this very and the Congress passed that rec- key concern, so Joshua is prescribed 35 difficult health issue that affects their ommendation overwhelmingly. The hours of these ABA therapy treatments children. When we ask our men and President signed it into law, and that each week. Due to the severity of Josh- women to serve, we promise we will made Social Security solvent for the ua’s symptoms, the family is faced support them and their families. This next 50-plus years from 1983. I think with the nearly impossible decision of amendment simply fulfills that prom- the most current estimates are that it forgoing the recommended care for ise. is now something like 2034. their son or paying the bills out of I also rise to speak about another So we see what was done so effec- pocket as long as they are able to. issue concerning the armed services au- tively. But we have to have people of In my opinion—and it is shared by thorization bill, and this is equally as good will who will come together and many families—this should never hap- serious and troublesome; that is, the will do so with some common sense, pen to any child, but it should also par- issue of sexual violence.

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While the vast majority of our serv- (The remarks of Mr. CARDIN are into the post-Vietnam drawdowns, we icemembers serve our country honor- printed in today’s RECORD under had 479 combatants. ably and bravely and are simply the ‘‘Morning Business.’’) When I was Secretary of the Navy in Mr. CARDIN. Mr. President, I suggest best our country has to offer, sexual vi- 1987–1988, we were able to rebuild the olence in the military continues to the absence of a quorum. Navy up to 568 combatants. Since that occur at an alarming rate by a minor- The PRESIDING OFFICER. The time, national strategy has changed. ity of servicemembers who should not clerk will call the roll. Our commitments have changed, but be serving. The assistant legislative clerk pro- Despite Secretary Panetta’s efforts ceeded to call the roll. the size of the Navy has been dramati- to create a zero-tolerance policy in Mr. WEBB. Mr. President, I ask cally reduced down to the point where 2011, still more than 3,000 military sex- unanimous consent that the order for today it is about 285 operational com- ual assaults were reported. But the the quorum call be rescinded. batant vessels. DOD’s estimates themselves indicate The PRESIDING OFFICER. Without We have been trying, since I came to that number is much closer to 19,000 objection, it is so ordered. the Senate, to rebuild the Navy up to a cases. AMENDMENT NO. 2985 minimum of 313 combatants. It is very In the words of DOD: Mr. WEBB. Mr. President, I would difficult to do this when we have other [Sexual violence in the military] is an af- like to speak on the Udall amendment. programs in place that are not directly front to the basic American values we de- I have great admiration and respect for contributing to our national security fend, and may degrade military readiness, the Senator from Colorado as well as but are competing for programs. subvert strategic goodwill, and forever his cousin who now presides. I have change the lives of victims and their fami- concerns about this amendment that I understand the concerns about en- lies. were raised during the committee ergy independence. I also would like to All our service branches have in markup. I think they have become remind my colleagues of the advances place some version of a policy that even more of a concern since that time we have made in this country in that sends convicted sex offenders to an ad- period. area just over the past few years in a ministrative separation process for dis- Let me begin by saying as someone way that many of us could not even charge. However, the most recent An- who spent 5 years in the Pentagon, one have imagined 6 years ago when I came nual Report on Sexual Assault in the as a marine and four as a defense exec- to the Senate. The International En- Military shows that in fiscal year 2011, utive, I would hope that the top order ergy Agency just made a report called 36 percent of convicted sex offenders of business for our President as he be- ‘‘The World Energy Outlook,’’ and in remained in the Armed Services, de- gins his next term would be to call for this report as summarized by Reuters spite these policies. a reexamination, a rigorous reexamina- the United States, according to their If one-third of convicted sex offend- tion of all of the programs in the De- estimates, will overtake Saudi Arabia ers within the military are being re- partment of Defense. and Russia as the world’s top oil pro- tained, then clearly we must do better. In other words, not quite to zero- ducer by 2017. Creating a uniform standard to correct based but to examine the justifications deficiencies in the respective branch for all of the programs that are in IAEA Chief Economist Faith Birol policies would be a good step forward. place with an eye toward the realities told a news conference in London that Experts reviewing current policies of the future, I think we could benefit he believed the United States would have found that the Navy has estab- as a country. People who care about overtake Russia as the biggest gas pro- lished a mandatory policy that calls national security, but also care about ducer by a significant margin by 2015, for administrative discharge of any the tax bills they are getting, would and by 2017 it would become the world’s personnel who are convicted of a sex of- benefit as well from something of a largest oil producer. fense. triage of the programs in the Depart- Will this prediction hold out? I don’t My amendment would require the De- ment of Defense. know, but are we on our way toward partment to oversee that each service We should ask the Secretary of De- significant gains in terms of our energy branch establish policies that would fense and his people who work—or independence? Yes, we are. The lan- mandate servicemembers convicted of her—with these programs to examine guage in section 313, which this amend- a sex offense be processed for adminis- which programs in DOD are the must- ment proposes to strike—I want to be trative separation. This means each haves, which are absolutely vital to very clear about this—does not affect such perpetrator would get due process our national security, and which pro- programs that have been discussed here but that the process would be required. grams are the need-to-haves, the pro- in such areas as hydrogen fuel as a fuel This amendment is common sense, grams that might place our national of choice for engine design or doing and it is one that would strengthen the security at some level of risk if they away with R&D dollars. It is just not policies the services have actually al- were to be altered or modified. Then we true. ready put in place and reinforce DOD’s also need to have some painful exam- zero-tolerance policy. ination of programs that might be It states, in part, that this restric- I am very pleased Senators COLLINS called the nice-to-haves, those that are tion goes to the cost of producing or and SNOWE have joined me as cospon- essentially ancillary to the harder defi- purchasing alternative fuels if they ex- sors of this amendment, and I wish to nitions of national security, even ceed the cost of producing traditional thank them for their leadership. though they have been supported. fossil fuel that would be used for the I suggest the absence of a quorum. I would say these, the costly biofuels same purpose—very narrowly defined. The PRESIDING OFFICER. The programs, in the sense that we are pro- There is a second paragraph in sec- clerk will call the roll. posing to fund them in the operational tion 313 that goes to an exception to The assistant legislative clerk pro- environment at this time, would have this program, which only applies to 50– ceeded to call the roll. to qualify as nice-to-haves. That does 50 blends of fuels. I personally believe Mr. CARDIN. Mr. President, I ask not mean we should eliminate the that section should be modified and ac- unanimous consent that the order for biofuels programs. There is money in tually could be modified in conference. the quorum call be rescinded. R&D to continue to examine them. I think it is too narrow. But in general The PRESIDING OFFICER. Without But I will tell you, Mr. President, objection, it is so ordered. what a must-have is. A must-have is this is not a paragraph that totally Mr. CARDIN. I ask unanimous con- our shipbuilding program. When I was does away with the biofuels program in sent to speak as in morning business. commissioned in the U.S. Marine Corps the Department of Defense. The PRESIDING OFFICER. Without in 1968, we had 930 combatant ships in We have to make decisions. We have objection, it is so ordered. the U.S. Navy. By the time we went to get competitive programs into the

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In a letter to Senator UDALL, Vice cles in its suite that can run on E–85. The PRESIDING OFFICER. The Sen- Admiral Cullom said: Can you imagine going after that as ator from California. Section 313— well? It would restrict DOD’s efforts to Mrs. BOXER. Mr. President, I am That’s the section we are trying to develop technologies to generate fuel going to be very proud to support strike— at tactical locations, including waste amendment No. 2985. I think it has to to energy. These are precisely the do with our military readiness; I think Section 313 is overly broad and has the po- tential to restrict investments that would types of technologies in which the Na- it has to do with our national security; address tactical and operational needs for tion should be investing. and I think that the fact that we have our Navy. . . . As fuel technologies advance, I thank Senator UDALL for bringing this opportunity is commendable. I the Navy may wish to test and satisfy mul- this to our attention. This is a very im- thank Senator UDALL for it. tiple types of alternative fuel, including portant amendment, perhaps one of the Striking section 313 is important be- some that might be 100 percent alternative most important I have voted on in a cause that section harms DOD’s ability fuel, not a blend. long time. to diversify its fuel supplies by devel- Why would anyone in this Senate I will close by saying this: If you be- oping and using effective alternative want to stop us from developing alter- lieve this country should be energy fuels. native fuels? I don’t get it. We are try- independent, then vote with Senator Now, lots of colleagues can come ing so hard to become energy inde- UDALL. If you believe it is dangerous down here and proclaim this isn’t im- pendent. We have made great success for us to rely on oil from countries who portant or it is important. You know under President Obama with fuel econ- want to cause us harm, then you what. I want to listen to the DOD omy in place and investment in alter- should support the Udall amendment. themselves and what they say. There native energy. If you believe it is good for our health, was an Armed Forces press service The military says it is important for our environment, to invest in alter- news report in July 2012, and this is them to ‘‘ensure an agile, lethal and native energy, then vote for the Udall what they said: adaptable combat force, and ulti- amendment. It is a win-win-win and, Smart investing and less reliance on petro- mately, national security.’’ Their most of all, the military tells us we leum-based fuels will help ensure an agile, words. In addition to everything else, should continue this program. It is im- lethal, and adaptable combat force, and, ulti- this is a need that the military has mately, national security. portant so that we have an agile, definitely outlined for us. adaptable force, and it is important for So, Mr. President, I was distraught A Statement of Administration Pol- our national security. when I heard that the Armed Services icy on the House Defense authorization I will be proud to vote for this Committee, by one vote, put in the sec- bill, which contains a nearly identical amendment. tion that would stop the ability of the provision, says that affecting DOD’s I yield the floor, and I suggest the ab- DOD to invest in these very important ability to procure alternative fuels in sence of a quorum. fuels so they can have an ‘‘agile, lethal, this way would ‘‘further increase The PRESIDING OFFICER (Mr. and adaptable combat force and, ulti- America’s reliance on fossil fuels, CARDIN). The clerk will call the roll. mately, national security.’’ thereby contributing to geopolitical in- The bill clerk proceeded to call the Now this is coming from the DOD. stability and endangering our interests roll. Why on Earth would anyone support abroad.’’ The PRESIDING OFFICER. Without something that the DOD tried to take Some of the same people who called objection, the Senator from Colorado is away, the ability of the DOD to have for boycotts on Iran, which I support, recognized. an agile force? somehow believe it is not important for Mr. UDALL of Colorado. Mr. Presi- I don’t understand it. I can’t under- us to be free from reliance on those dent, I ask unanimous consent that the stand it. The report also quotes Assist- kinds of countries for our oil. It makes order for the quorum call be lifted. ant Secretary of Defense Sharon Burke no sense. We can’t make these com- The PRESIDING OFFICER. Without who said: partments. We are going after coun- objection, it is so ordered. The department is going to have ships, tries that have oil, and we are right to Mr. UDALL of Colorado. Mr. Presi- planes and vehicles that were designed to use do it because they are dangerous, many dent, I ask unanimous consent that petroleum fuels for a very long time to come. . . . [Alternative fuels] investment ensures of them. We are embargoing. We have Senators BAUCUS, COONS, Mr. BROWN of our equipment can operate on a wide range embargoes on many of them. We have Ohio, LIEBERMAN, STABENOW, CANT- of fuels, and that’s important for our readi- sanctions on many of them. At the WELL, SCHUMER, DURBIN, Mr. JOHNSON ness over the long term. same time, with the other hand we are of South Dakota, BENNET, How many wars do we have to have saying to the DOD: Forget about alter- BLUMENTHAL, WHITEHOUSE, and COLLINS over oil? native fuels. It makes no sense from a be added as cosponsors to my amend- How many wars do we have over oil? national security perspective. ment No. 2985. I can tell you a story from a colleague In addition to harming the military’s The PRESIDING OFFICER. Without of mine who said he went up to the ability to achieve its goals that I have objection, it so ordered. White House when George W. Bush was outlined here, that were written very Mr. UDALL of Colorado. Mr. Presi- President before the Iraq war, and clearly by the Defense Department dent, I yield the floor and suggest the George W. Bush had pictures of all the itself, section 313 precludes research absence of a quorum. oil wells in Iraq. into fuels such as hydrogen, which has The PRESIDING OFFICER. The If anyone says there was no connec- the potential to power some military clerk will call the roll. tion to oil and that war, I would say vehicles over much longer missions. The bill clerk proceeded to call the they are wrong. I have met with many I have been around a while. Some- roll. veterans who say the same thing. They thing tells me Big Oil is calling the Mr. LEVIN. Mr. President, I ask don’t want to go and fight and die for shots. I would hope not, but I don’t un- unanimous consent that the order for oil. derstand why this section, which Sen- the quorum call be rescinded. So this is of critical importance, this ator UDALL is trying to strike, is in The PRESIDING OFFICER. Without vote. There is no more important mis- this bill when the military says it is objection, it is so ordered.

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.000 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15638 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 28, 2012 Mr. LEVIN. Mr. President, I ask for The PRESIDING OFFICER. Without there were 3,000 military assaults re- the yeas and nays. objection, it is so ordered. ported, and the Secretary of Defense The PRESIDING OFFICER. Is there a The Senator will suspend for a mo- reports the real number is much closer sufficient second? ment. to 19,000 assaults. In the words of the There appears to be a sufficient sec- Mrs. GILLIBRAND. Mr. President, I DOD, sexual violence in the military ond. request my amendment be called up. ‘‘is an affront to the basic American The question is on agreeing to The PRESIDING OFFICER. The values we defend, and may degrade amendment No. 2985. clerk will report. military readiness, subverts our stra- The clerk will call the roll. The assistant bill clerk read as fol- tegic goodwill, and forever changes the The bill clerk called the roll. lows: lives of victims and their families.’’ Mr. KYL. The following Senator is The Senator from New York [Mrs. GILLI- My amendment is very simple. Today necessarily absent: the Senator from BRAND], for herself, Ms. COLLINS, and Ms. each of the services have policies that Illinois (Mr. KIRK). SNOWE, proposes an amendment numbered address this issue, but the one that the The PRESIDING OFFICER. Are there 3016. Navy has is the best. My amendment any other Senators in the Chamber de- Mrs. GILLIBRAND. I ask unanimous requires the Department to oversee siring to vote? consent the reading of the amendment that each of the service branches has The result was announced—yeas 62, be dispensed with. established a policy that would man- nays 37, as follows: The PRESIDING OFFICER. Without date that servicemembers convicted of [Rollcall Vote No. 206 Leg.] objection, it is so ordered. sexual offenses will be processed for ad- YEAS—62 The amendment is as follows: ministrative separation. Akaka Grassley Murkowski (Purpose: To provide for the processing for The reason this is so important is be- Baucus Hagan Murray administrative separation from the Armed cause one-third of convicted sexual of- Begich Harkin Nelson (NE) Forces of members who are convicted of fenders in the military are still re- Bennet Hoeven Nelson (FL) certain sexual offenses under the Uniform tained. They are still serving. So, obvi- Bingaman Inouye Code of Military Justice and not punitively Pryor ously, we must do better. We need a Blumenthal Johanns Reed discharged in connection with such convic- Blunt Johnson (SD) Reid tions) uniform standard to correct these defi- Boxer Kerry Rockefeller ciencies in the respective branch poli- Brown (OH) Klobuchar On page 138, strike lines 14 through 20 and Sanders Cantwell Kohl insert the following: cies to be able to serve our military Schumer Cardin Landrieu (8) A requirement that each Secretary of a families and our military members as Shaheen Carper Lautenberg military department establish policies that we should. Casey Leahy Snowe Stabenow require that each member of the Armed I yield the floor. Cochran Levin Forces under the jurisdiction of such Sec- The PRESIDING OFFICER. The Sen- Collins Lieberman Tester Conrad Lugar Thune retary whose conviction for a covered offense ator from Michigan. Coons McCaskill Udall (CO) is final and who is not punitively discharged Mr. LEVIN. Mr. President, I know of Durbin Menendez Udall (NM) from the Armed Forces in connection with no further debate on the Gillibrand Feinstein Merkley Warner such conviction be processed for administra- amendment. Franken Mikulski Whitehouse tive separation from the Armed Forces, Mrs. GILLIBRAND. Mr. President, I Gillibrand Moran Wyden which requirement shall not be interpreted would like to say Senator COLLINS and NAYS—37 to limit or alter the authority of such Sec- Senator SNOWE are cosponsors of this Alexander Enzi Paul retary to process members of the Armed Forces for administrative separation for amendment. Ayotte Graham Portman Ms. SNOWE. Mr. President, I am Barrasso Hatch Risch other offenses or under other provisions of Boozman Heller Roberts law. pleased to rise in support of this Brown (MA) Hutchison Rubio (b) DEFINITIONS.—In this section: amendment, which will require that Burr Inhofe Sessions (1) The term ‘‘covered offense’’ means the every military service must establish a Chambliss Isakson Shelby following: crystal-clear, zero-tolerance policy Coats Johnson (WI) Toomey (A) Rape or sexual assault under sub- Coburn Kyl that military personnel who are con- Vitter Corker Lee section (a) or (b) of section 920 of title 10, Webb victed of a sexual offense will not be Cornyn Manchin United States Code (article 120 of the Uni- Wicker permitted to continue to serve our Na- Crapo McCain form Code of Military Justice). DeMint McConnell (B) Forcible sodomy under section 925 of tion in uniform. According to the Department of De- NOT VOTING—1 title 10, United States Code (article 125 of the Uniform Code of Military Justice). fense, approximately 3,000 sexual as- Kirk (C) An attempt to commit an offense speci- saults were reported in the military in The amendment (No. 2985) was agreed fied in subparagraph (A) or (B) under section 2011. Yet some estimate that the actual to. 880 of title 10, United States Code (article 80 number of sexual assaults in our mili- Mr. LEVIN. Mr. President, I move to of the Uniform Code of Military Justice). tary in 2011 is closer to 19,000, account- reconsider the vote. (2) The term ‘‘special victim offenses’’ ing for the terrible reality that many Mr. MANCHIN. I move to lay that means offenses involving allegations of any attacks are never reported. Without of the following: motion on the table. (A) Child abuse. question, this is an entirely unaccept- The motion to lay upon the table was (B) Rape, sexual assault, or forcible sod- able situation, and is another compel- agreed to. omy. ling reason that the Department of De- AMENDMENT NO. 3016 (C) Domestic violence involving aggra- fense, as well as Congress, must con- Mr. LEVIN. Mr. President, I now ask vated assault. tinue to do what is necessary to elimi- unanimous consent that we proceed to The PRESIDING OFFICER. The Sen- nate, once and for all, sexual assaults the consideration of amendment No. ator from New York is recognized. from occurring within our military 3016 of Senator GILLIBRAND. Mrs. GILLIBRAND. Mr. President, I ranks. The PRESIDING OFFICER. Is there rise to talk about an amendment that Unfortunately, as my colleague Sen- objection? Without objection, it is so I believe is on an incredibly urgent ator GILLIBRAND has noted, each of the ordered. matter. services have different policies for The clerk will report the amendment. Today the vast majority, almost all dealing with military personnel who Mr. LEVIN. I was going to add some- of our servicemembers, serve this coun- are convicted of a sexual offense. As a thing further to the request, and that try so honorably, so bravely. But there result, according to the Department of is that there be 5 minutes of debate on is a very small number who do not, Defense’s April 2012 Sexual Assault the Gillibrand amendment and then who are engaging in sexual assault in Prevention and Response report, ap- Senator MIKULSKI be recognized to the military. Despite Secretary Panet- proximately 40 percent of servicemem- speak as in morning business for 5 min- ta’s efforts to have a zero tolerance bers who have been convicted of a sex- utes. policy in this country, in 2011 alone ual offense in a courts-martial are not

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.000 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15639 discharged or dismissed as part of that disaster for our standing in the world. in ideas. What we lack is will and mo- judgment. We need to show we can govern our- mentum to get this job done. My prin- Our honorable and law-abiding mili- selves, and we can put ourselves on a ciples are simple and straightforward: tary personnel deserve far better. And sound fiscal path with the right com- No. 1, let’s have a sense of urgency. No. that is why our amendment is so im- bination of growth, frugality, and en- 2, make sure when we look at cuts that portant. By requiring all military serv- suring a safety net for the most vulner- we count the cuts that we have already ices to establish a policy that all who able of our citizens. I am here to say to done. For example, the $900 billion we are convicted of sexual assaults must my colleagues on both sides of the have done in the Budget Control Act be processed for administrative separa- aisle, both sides of the dome, and even because that would also include the tion from the military, we will remove the White House: Let’s get the job $450 billion that we have done in de- from our military ranks sexual assault done. I propose let’s really conscien- fense spending—the kinds of issues we offenders who threaten the welfare of tiously work hard to make sure we have talked about. Let’s also count the the men and women of our armed serv- have a framework that we could vote $550 billion that we did in reforming ices, as well as their families. on by the weekend of December 15. Medicare during health care reform. I was very pleased to join with Sen- Why do I want December 15 as a We have had good words, now we ator GILLIBRAND in crafting this deadline? It is Saturday. Mr. President, need good deeds and swift action. Just amendment, and urge my colleagues to you, yourself, have tweeted about—Oh, think what it would mean to reach an join me in supporting its passage let’s have Saturday as Small Business agreement by December 15. Americans today. Unfortunately, our work is not Week. We have had cyber Mondays. could see that we can work together. yet done, which is why I have also Let’s have a strong economy closing of Think about the energy this would joined with Senator KLOBUCHAR to de- the week before Christmas. unlock to avoid a sequester. Think velop several additional amendments I can tell you, Mr. President, if we about what a signal this would be to to this bill in furtherance of the effort show that we can govern and actually middle-class people on Main Street as to eradicate sexual assault in the mili- pass a bill by Saturday, December 15, well as the people on Wall Street be- tary. I urge my colleagues to join us in that does exactly what I said. It shows cause business would have certainty, supporting each of these amendments that we have a sense of frugality and we would have consumer confidence, as well. We owe it to our military per- are on a path where we are solving our and we could have a new self-con- sonnel to do everything possible to issues around debt, but we also have fidence about ourselves that we could stop sexual assaults from occurring the elements that promote growth and govern. within our armed services. ensure a safety net for the most vul- The Presiding Officer and I represent Mr. LEVIN. I know of no further de- nerable. We could do three things: We a great State. We represent a State bate on the Gillibrand amendment. could show that we can govern. That that has an innovative economy, from The PRESIDING OFFICER. If there would be very big in the mind of the both the Federal Government and its is no further debate, the question is on public, that we could govern ourselves. great Federal labs, such as NIH, to its the adoption of the amendment, No. It would be important to the public, great national security areas, such as 3016. and it would be important to the world, the Cyber Command at Fort Meade. The amendment was agreed to. particularly those who lend us money. Yes, they would be devastated by a se- Mr. LEVIN. Mr. President, I move to It would be an enormous sense of quester. So would our contractors, reconsider the vote. boosting consumer confidence 10 days both defense and civilians. Great iconic Mr. MCCAIN. I move to lay that mo- before Christmas. We would show that institutions such as Hopkins would tion on the table. we are on the way to solving our prob- take a huge hit in not only research The motion to lay on the table was lems. For those who benefit from ei- and development but in providing care agreed to. ther Federal employment or contracts to the needy, care to the desperate who The PRESIDING OFFICER. Without with the Federal Government, there come from all over the country to get objection, it is so ordered. would be stability in their employ- help for a sick child or an aging rel- Mr. LEVIN. I understand under the ment. ative or to get eyesight restored at the unanimous consent agreement the Sen- I can also say as to the stock market Wilmer Eye Institute. Sure, I am for ator from Maryland is to be recognized we could have a floor under the stock jobs in Maryland, but I am here trying for 5 minutes as in morning business. market, and we might even have a to stand for America. The PRESIDING OFFICER. The Sen- jump in the stock market. Just one- We need to show we can govern, and ator from Maryland is recognized. third of Americans believe Congress we cannot wait until December 24, that THE FISCAL CLIFF can be counted on to behave like re- somehow or another this is going to be Ms. MIKULSKI. Mr. President, I am sponsible adults—only one-third. They Santa Claus, because if we don’t act not going to linger because there is have seen no compromise or coopera- soon, we are going to get rocks in our much to be discussed on the Defense tion. They have seen lip service. We socks, and I think they would be well authorization. What I wish to talk don’t need to be trading pet rocks over deserved. about for a few minutes is about the what we need to do, and we should not I yield the floor. safety and security of the United throw them either. We have to come Mr. LEVIN. I note the absence of a States of America, meaning our sol- together, both sides of the aisle, both quorum. vency and the demonstration of our sides of the dome, with the White The PRESIDING OFFICER. The ability to govern. House. clerk will call the roll. We need a sense of urgency about We do not lack in ideas. The content The legislative clerk proceeded to solving the fiscal cliff problem. We for a solution is not new. We have had call the roll. need to end the culture of delay in this excellent people working on this. We Mr. LEVIN. Mr. President, I ask institution. I am very concerned that have seen Simpson-Bowles in a report, unanimous consent that the order for as we talk about solving the problems Domenici-Rivlin, wise heads giving us the quorum call be rescinded. of the fiscal cliff, there is this whole good ideas. We have had the supercom- The PRESIDING OFFICER (Mr. dynamic going on. There is this whole mittee that fleshed out a lot of these MERKLEY). Without objection, it is so patter going on, from staff level to issues and knows where the disagree- ordered. Senators. It is, oh, we are going to be ments are. We have had the Gang of 6, Mr. LEVIN. Mr. President, I ask here until Christmas Eve. the Gang of 8. Let’s get to the Gang of unanimous consent that the Senator I think that is a disaster. I think it is 100 and pass this bill. I would be happy from Illinois be allocated 7 minutes to a disaster for our economy, I think it is with the Gang of 51. speak as in morning business. a disaster for the demonstration of our I want to be sure we know, because Mr. MCCAIN. Mr. President, reserv- ability to govern, and I think it is a we do know, the ideas. We do not lack ing the right to object, I ask that the

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.000 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15640 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 28, 2012 Senator modify his request that the through the process of review to be pursuing a master’s degree at Harvard Senator be immediately followed by fingerprinted, to be basically identified Divinity School. Senator KYL to offer an amendment, as part of the system. In addition to working on this grad- with the proviso that it is cleared by It was a great leap of faith for these uate degree, he is active in his commu- the majority. young people, who had been here for so nity. Among many other volunteer ac- The PRESIDING OFFICER. Is there many years hiding, to step up in front tivities, Pierre works at Renewal objection? of somebody and say: I am going to re- House, a domestic violence shelter in Without objection, it is so ordered. port myself to the Government of the Boston. The Senator from Illinois. United States. But they did it. Tens of His volunteer work led Harvard to THE DREAM ACT thousands did it, and they continue to. award Pierre the Thomas E. Upham Mr. DURBIN. Mr. President, we just This deferred action that is being of- Scholarship, which is given to an out- concluded a Presidential campaign. fered to so many of these young people standing graduate student committed Who could have missed it? There were gives them a chance now to work in to public service. a lot of issues that were discussed, but the United States, to go to school in Pierre recently wrote an article one of particular interest to me was the United States, and to be here le- about growing up as an undocumented one that involves a personal effort I gally. That is why this issue is so im- immigrant. This is what he said: have made to pass a piece of legislation portant. But we are far from finished. I am not a criminal, a monster, a predator, known as the DREAM Act. I introduced We have not passed the law. We have or someone who sits at home doing nothing the DREAM Act 11 years ago. Things an executive order from the President substantive or meaningful. I care for this move slowly in the Senate, but this has that gives them this chance. country; I care for its successes as well as its This weekend, in Kansas City, MO, struggles, for its joys as well as its sorrows. taken way too long. I am not asking that our government main- It has been heartening over the years hundreds of DREAMers—that is what tain an open-door policy for immigrants. I to watch the support for the DREAM we call these young people now—are am simply asking that it give an oppor- Act grow among the American people. going to get together. They are part of tunity to those of us who have proven our- It has also been interesting to me that the largest national organization of selves. in the last Presidential campaign one DREAMers: United We Dream. They Well, Pierre is right. America needs of the issues asked of Governor Rom- will be planning their next effort—ad- young people just like him, who love ney, as well as President Obama, point- vocating for immigration reform legis- their country and are dedicated to car- blank, was: Are you for the DREAM lation that will bring them and their ing for our society’s most vulnerable. Act? I guess that says quite a bit for families out of the shadows once and So what do the American people this piece of legislation and the idea for all and give them a chance to earn think about the idea of the DREAM and principle behind it. their way to legal status and citizen- Act? Listen to a recent poll. A When I introduced the DREAM Act 11 ship in America. Bloomberg poll found that 64 percent of years ago, it was because I met a young One part of immigration reform—the likely voters—almost 2 out of 3, includ- woman from Chicago, Tereza Lee, who DREAM Act—is near and dear to me. ing 66 percent of Independents—support was Korean, who came to this country But I want to see comprehensive immi- the policy, compared to only 30 percent as a child, was raised in the United gration reform before it is all over. We who oppose it. By a margin of 2 to 1, States, but her parents never filed the know if we pass the DREAM Act, it the American people know this is the necessary documentation. So Tereza will help the economy, creating new right thing to do. Lee was graduating from high school in jobs and economic growth when the Now we need to pass comprehensive Chicago, an accomplished pianist, and talent of these young people, as they immigration reform. On our side, the she had been accepted at the Manhat- come out of high school and college, is negotiating effort will be led by Sen- tan Conservatory of Music in the brought into our economy. ator SCHUMER of New York, who chairs Juilliard School of Music, but she was In my home State of Illinois, by 2030, the Immigration Subcommittee, and a undocumented, she was not a citizen, the DREAM Act would contribute $14 number of us will join in that effort. she was not here legally. billion in economic activity and We are going to join with those on the So she came to our office and asked DREAMers would create up to 58,992 other side—Senators JOHN MCCAIN, what she could do, and we had to ad- new jobs. LINDSEY GRAHAM, MARCO RUBIO, SUSAN vise her mom, under the law, Tereza, I come to the floor of the Senate fre- COLLINS, RAND PAUL, and Senator-elect having lived in this country for more quently to tell their stories. They used JEFF FLAKE—who have expressed an in- than 16 years, had to leave and go back to hide in the shadows. They did not terest in this issue to make sure we to Brazil, where her family had been want to talk about who they were be- move forward in a bipartisan fashion to before they immigrated to the United cause they were undocumented and try to finally find a solution to immi- States, wait 10 years, and then try to afraid of being deported. Many were de- gration reform. come back in. What a waste of talent. ported. But I came to the floor to tell Let me close by thanking Senator So I introduced the DREAM Act to the stories of those who had the cour- JON KYL and Senator KAY BAILEY give her and many like her a chance— age to step up and identify themselves HUTCHISON. Yesterday they introduced a chance to be legalized, to become and run that risk, just so people knew the ACHIEVE Act, which has been part of America. who they were. called the Republican version of the Over the years, we have had many I will tell a story today about Pierre DREAM Act. I have worked with them votes. I have always had a majority Beranstain. for a long time. We share many of the vote on the floor, a bipartisan majority Pierre and his sister were brought to same ideas. We have some differences. I vote, but I have been unable to break the United States by their parents have some concerns, but I appreciate the filibuster from the other side of the from Peru in 1998, when they were chil- that Senator KYL and Senator aisle. dren. Pierre did not speak a word of HUTCHISON have come forward with this Well, now this issue’s time has come English when he first arrived in proposal. because this President issued an execu- Carrollton, TX, but he worked hard to The PRESIDING OFFICER. The Sen- tive order earlier this year to allow learn English. He excelled academi- ator’s time has expired. those who have been here and would cally and was accepted into the Acad- Mr. DURBIN. Mr. President, I ask qualify for the DREAM Act to stay emy of Biomedical Professions in his unanimous consent for 2 additional without deportation if they registered, high school. minutes, please. made it clear that they qualified other- In 2006, Pierre was accepted at Har- The PRESIDING OFFICER. Without wise for the DREAM Act, had no seri- vard, one of the best universities in our objection, it is so ordered. ous criminal past that would jeopardize country. He went on to get a bachelor’s Mr. DURBIN. I am sorry I will not anyone in the United States, and go degree with honors. He is currently have the chance to work with these

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.000 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15641 two Senators on this measure because COLLINS, and Mr. SESSIONS, proposes an This amendment has been offered not they are both retiring. But I hope we amendment numbered 3123. only for myself, but also Senators LIE- can build on what they have offered on Mr. KYL. Mr. President, I ask unani- BERMAN, INHOFE, RISCH, LUGAR, SES- their side of the aisle in a bipartisan mous consent that the reading of the SIONS, DeMINT, CORNYN, RUBIO, WICKER, fashion. amendment be dispensed with. AYOTTE, and COLLINS. Our purpose is to In that spirit, let me point out two The PRESIDING OFFICER. Without get a greater involvement at an earlier major concerns with the ACHIEVE objection, it is so ordered. stage of the Senate in discussions be- Act. The bill is limited to young people The amendment is as follows: tween the United States and the Rus- who arrived in the United States since (Purpose: To require regular updates of Con- sian Federation regarding nuclear the age of 13 or under. That would have gress on the military implications of pro- arms, missile defense, and potentially the effect of excluding DREAMers who posals of the United States and Russia long-range conventional strike sys- were brought when they were still chil- under consideration in negotiations on nu- tems. These are all three matters that clear arms, missile defense, and long-range dren at the age of 14 or 15. conventional strike system matters) have been the subject of treaties and Let me give you two examples of peo- agreements. At the end of subtitle F of title X, add the ple I know. following: There has been an indication by dif- This is a picture I have in the Cham- SEC. 1064. BRIEFINGS AND CONSULTATIONS ON ferent people within the administra- ber of Tolu Olubunmi. She was brought THE MILITARY IMPLICATIONS OF tion, indeed even the President, that he to America from Nigeria when she was PROPOSALS OF THE UNITED STATES may be wanting to talk to the Russian 14 years old. Tolu obtained a bachelor’s AND RUSSIA UNDER CONSIDER- ATION IN NEGOTIATIONS ON NU- Federation representatives about addi- degree in chemical engineering 10 years CLEAR ARMS, MISSILE DEFENSE, tional agreements in these areas. ago. She still cannot work as an engi- AND LONG-RANGE CONVENTIONAL There have been concerns that the neer. We can use her talent. STRIKE SYSTEM MATTERS. Congress is not adequately briefed on Let me also show you a picture of (a) BRIEFINGS AND CONSULTATIONS.— (1) BRIEFINGS.—Not later than 30 days after those discussions and certainly not at Novi Roy. He was brought to America an early enough date. Clearly, if these from India when he was 14 years old. the date of the enactment of this Act, and every 120 days thereafter, the Secretary of agreements reach a formal stage, they Novi graduated from the University of Defense shall, in coordination with the can require ratification by the Senate. Illinois at Urbana-Champaign with a Chairman of the Joint Chiefs of Staff, pro- We think it is important that they not bachelor’s degree in economics and two vide to the appropriate committees of Con- be, in effect, negotiated in their en- master’s degrees, one in business ad- gress a briefing on the military and strategic tirety before they are known to the ministration and one in human re- implications of any offer or proposal, by ei- Senate and before some input from sources. His dream is to help provide ther the Russian Federation or the United States, to limit or control nuclear arms, Members of the Senate can be provided affordable health care to a lot of people to the administration. who do not have it in America. missile defense systems, or long-range con- ventional strike systems, including any pro- What the amendment as originally Tolu and Novi should be eligible for posal as part of formal negotiations between introduced therefore would do is to re- the DREAM Act. They would not be the two countries or otherwise exchanged be- quire regular updates of Congress on under the ACHIEVE Act. The other tween official entities of the two countries. the military implications of proposals thing is, I want them to have a path to (2) BASIS OF QUARTERLY CONSULTATIONS.— that the United States and Russia have citizenship. At the end of the day, after The briefings under paragraph (1) shall serve under consideration in their negotia- they have earned their stripes, paid as the basis for quarterly consultations to be tions on nuclear arms, missile defense, their price, paid the taxes, did every- provided by the Secretary to the appropriate or long-range conventional strike sys- thing they were supposed to do, give committees of Congress on any current pro- posals described in that paragraph. tems, and in its current form would re- them a chance—not to go to the front (b) SENSE OF CONGRESS.—It is the sense of quire the Secretary of Defense to brief of the line but the back of the line— Congress that any agreement of the United the Foreign Relations, the Armed Serv- and give them a chance to be American States with the Russian Federation related ices, and the Appropriations Commit- citizens. It is the right thing to do. to missile defense, nuclear weapons, or long- tees. It is time for this to become a truly range conventional strike systems that bipartisan issue. I hope in the next would limit, constrain, or reduce the Armed One of the changes that we might Congress we can truly come together Forces or armaments of the United States in want to make here is that the briefings for the sake of these young people, and any militarily significant manner may be might include other groups within the made only pursuant to the treaty-making Congress as well. These briefings could so many others just like them all power of the President as set forth in Article across America, to finally let their occur, under this proposal, no later II, section, 2, clause 2, of the Constitution of than 30 days after the act goes into dream come true. the United States, as consistent with section Mr. President, I yield the floor. 303(b) of the Arms Control and Disarmament force, and would affect the quarterly Mr. LEVIN. I suggest the absence of Act. briefings where the administration a quorum. (c) APPROPRIATE COMMITTEES OF CONGRESS would, on a quarterly basis, provide The PRESIDING OFFICER. The DEFINED.—In this section, the term ‘‘appro- consultation between the Congress and clerk will call the roll. priate committees of Congress’’ means— the Secretary of Defense regarding any (1) the Committee on Armed Services, the The assistant legislative clerk pro- proposals to limit or reduce nuclear Committee on Foreign Relations, and the arms, missile defense or, as I said, ceeded to call the roll. Committee on Appropriations of the Senate; Mr. KYL. Mr. President, I ask unani- and long-range conventional strike sys- mous consent that the order for the (2) the Committee on Armed Services, the tems. quorum call be rescinded. Committee on Foreign Affairs, and the Com- The amendment also does something The PRESIDING OFFICER. Without mittee on Appropriations of the House of else which we may have to modify the objection, it is so ordered. Representatives. language of, but it would express the AMENDMENT NO. 3123 Mr. KYL. Let me begin by saying sense of Congress that any agreement Mr. KYL. Mr. President, I send an that I send this amendment to the desk between the United States and Russia amendment to the desk No. 3123. with an understanding of the chairman that would limit or constrain or reduce The PRESIDING OFFICER. The of the Foreign Relations Committee our missile defense or our nuclear clerk will report. and of the Armed Services Committee weapons or long-range conventional The assistant legislative clerk read that before I would request a vote on strike systems in any militarily sig- as follows: this amendment, we would work out nificant manner could only be done The Senator from Arizona [Mr. KYL], for the language, the specific language of pursuant to the treaty-making power himself, Mr. LIEBERMAN, Mr. INHOFE, Mr. this amendment, along with the rank- of the President as set forth in the RISCH, Mr. LUGAR, Mr. DEMINT, Mr. CORNYN, ing members, and would not ask for a Constitution. And that, of course, is in Mr. RUBIO, Mr. WICKER, Ms. AYOTTE, Ms. vote unless that is achieved. order to protect our right to consult,

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.000 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15642 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 28, 2012 provide advice and consent to any mat- suicide and mental health problems in for her huge effort in this area. Her ef- ters that reach that level of negotia- our military and veterans populations. forts on behalf of our veterans and our tion between the administration and, We know our servicemembers and troops have been instrumental in in this case, the Russian Federation. veterans have faced unprecedented bringing some of the corrections that We will have more to say about this challenges, multiple deployments, dif- are needed to the forefront, and we if we have an opportunity to further ficulty finding a job here at home, iso- very much welcome this amendment. It debate. As I said, I am happy to sit lation in their communities, and some touches issues which are very much on down with the chairman of the Senate have faced very tough times reinte- the minds of most Americans; that is, Foreign Relations Committee and the grating into family life with loved ones the mental health care we provide for Armed Services Committee to consider trying to relate but not knowing how. our veterans and for our troops. any changes they might want to make These are the challenges our service- I simply not only support this to this language with the purpose of members and veterans know all too amendment, but I wish to commend getting it adopted, rather than just well. But even today as they turn to us Senator MURRAY for her leadership and having something to talk about. for help, we are losing the battle. her initiative and I hope and believe it This is something we need. Congress Time and again we have lost service- can be passed on a voice vote. needs to be advised. We need to be con- members and veterans to suicide. The PRESIDING OFFICER. Is there sulted on matters this important. I do While the Departments of Defense and further debate on the amendment? If not think the administration would Veterans Affairs have taken very im- not, the question is on agreeing to argue with that; it is a matter of com- portant steps toward addressing this amendment No. 3099. ing to an agreement on how we would crisis, we know more does need to be The amendment (No. 3099) was agreed actually do it. done. We know any solution depends on to. Mr. LEVIN. Mr. President, I move to I appreciate the cooperation of the reducing wait times and improving ac- reconsider the vote. chairman of the committee and the cess to mental health care. We know Mrs. MURRAY. I move to lay that ranking member. they need to have the proper diagnosis, motion upon the table. The PRESIDING OFFICER. The Sen- and we know we need to achieve true The motion to lay upon the table was ator from Michigan. coordination of care and information agreed to. Mr. LEVIN. Mr. President, I thank between the Departments of Defense Mr. LEAHY. Madam President, I ask my friend from Arizona, Senator KYL, and Veterans Affairs. unanimous consent that the order for for his willingness to sit down and try What this amendment does is require the quorum call be rescinded. to work this out in a way which is sat- a comprehensive, standardized, suicide The PRESIDING OFFICER (Ms. KLO- isfactory to him and the Foreign Rela- prevention program across the Depart- BUCHAR). Without objection, it is so or- tions Committee. We very much appre- ment of Defense. It requires the use of dered. ciate that. We know what he is after best medical practices in suicide pre- Mr. LEAHY. Madam President, I and we believe there should be con- vention and behavioral health pro- know we have matters under discussion sultation. So we are trying to make grams to address some serious gaps with the distinguished chairman and that happen. that exist in the current programs, and the distinguished ranking member of I suggest the absence of a quorum. this amendment expands eligibility for the committee. I have discussed with The PRESIDING OFFICER. The VA mental health services to family them that I am not bringing up an clerk will call the roll. members of our veterans. This amend- amendment at this point. But let me The assistant legislative clerk pro- ment would also give servicemembers talk about an amendment that I will ceeded to call the roll. an opportunity to serve as peer coun- bring up and expect to pass at some AMENDMENT NO. 3099 selors to fellow Iraq and Afghanistan point. (Purpose: To improve mental health care veterans and create a quality assur- The amendment I will call up at programs and activities for members of the ance program for the historically trou- some appropriate point is legislation I Armed Forces and veterans) bled disability evaluation system. have been trying to get enacted for Mrs. MURRAY. Mr. President, I call It would require the VA to offer peer more than 3 years called the Dale Long up amendment No. 3099. support services at all medical centers Public Safety Officers’ Benefits Im- The PRESIDING OFFICER. Without and create opportunities to train more provement Act. This legislation im- objection, the pending amendment is veterans to provide these needed peer proves the Public Safety Officers’ Ben- set aside. services. It will require the VA to es- efits Act, which is the Federal death The clerk will report. tablish accurate and reliable measures and disability program for our Nation’s The assistant legislative clerk read for mental health services. first responders who are killed or dis- as follows: We must have an effective suicide abled in the line of duty. The Senator from Washington [Mrs. MUR- prevention program in place. It is often Just so Senators will know, an ear- RAY] proposes an amendment numbered 3099. only on the brink of crisis that a serv- lier version of this legislation was Mrs. MURRAY. I ask unanimous con- icemember or a veteran seeks care. If adopted here on the Senate floor by sent that the reading of the amend- they are told, sorry, we are too busy to voice vote in December 2011. The Pre- ment be dispensed with. help you, we have lost the opportunity siding Officer will recall it was almost The PRESIDING OFFICER. Without to help them. To me and to all of us exactly a year ago when we brought objection, it is so ordered. here, that is not acceptable. that up. It was adopted as part of the (The amendment is printed in today’s I wish to thank Senator LEVIN and FAA Air Transportation Modernization RECORD under ‘‘Text of Amendments.’’) Senator MCCAIN for their work on this and Safety Improvement Act. During Mrs. MURRAY. Mr. President, the Defense authorization bill and for their the course of conference negotiations amendment that is pending in front of help in bringing this amendment to the related to the FAA legislation, the us is to improve the mental health and floor today. I believe there are no ob- House Judiciary chairman LAMAR suicide prevention services. It is lan- jections to this amendment, and I hope SMITH and I negotiated additional guage that is derived from our Mental we can move it as quickly as possible. measures to be added to the legisla- Health ACCESS Act, which was unani- I would ask unanimous consent to tion. Our work together produced a mously approved by the Veterans’ Af- add Senator BAUCUS as an original co- package of improvements that contains fairs Committee. sponsor. a modest expansion of benefits for de- This amendment is critical legisla- The PRESIDING OFFICER. Without serving emergency medical responders, tion that improves how DOD and VA objection, it is so ordered. and a host of reforms to make the Pub- provide mental health care. I think ev- The Senator from Michigan. lic Safety Officers’ Benefits program eryone in this body knows about it and Mr. LEVIN. Mr. President, I wish to stronger, more effective, and more cost is distressed by the alarming rate of commend and thank Senator MURRAY efficient.

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.000 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15643 The legislation has become one of the would result in fewer persons receiving Mr. SANDERS. Madam President, I cornerstones of the partnership we PSOB payments than will receive them ask unanimous consent that the order have between the Federal Government under current law. As a result, CBO esti- for the quorum call be rescinded. and our first responders and will make mates that enacting the legislation would The PRESIDING OFFICER. Without have no significant net effect on direct that partnership even stronger. In fact, spending or discretionary spending from the objection, it is so ordered. the reforms Chairman SMITH and I de- PSOB program. Mr. LEVIN. Will the Senator from veloped in consultation with the De- H.R. 4018 contains no intergovernmental or Vermont yield? partment of Justice and the first re- private-sector mandates as defined in the Mr. SANDERS. Yes. sponder community completely offset Unfunded Mandates Reform Act and would Mr. LEVIN. I understand the Senator and eliminate an estimated modest in- impose no costs on state, local, or tribal gov- will take about 10 minutes; is that cor- ernments. rect? crease in spending. The CBO staff contact for this estimate is Unfortunately, at that time, due to Mr. SANDERS. Somewhere in that Mark Grabowicz. The estimate was approved vicinity. an error made by the Congressional by Theresa Gullo, Deputy Assistant Director Budget Office, the matter was dropped for Budget Analysis. Mr. LEVIN. And then the Senator from the FAA conference report. The will take approximately 10 minutes? Mr. LEAHY. Despite our setback, Mr. WHITEHOUSE. I would like to be CBO, to their credit, later corrected Chairman SMITH and I were, and have their error, and provided an official recognized at the conclusion of the re- remained, determined to move forward. marks of the Senator from Vermont for cost estimate which makes clear this I know I have his full support for inclu- legislation will result in no new Fed- about 10 minutes. sion of this measure in the Defense au- Mr. LEVIN. I ask that the two Sen- eral spending. I ask unanimous consent thorization measure we now consider, to have printed in the RECORD a copy of ators be recognized for 10 minutes each and I greatly appreciate the efforts he as in morning business. that letter. made in a bipartisan manner to get There being no objection, the mate- The PRESIDING OFFICER. Without this done. In fact, the legislation con- objection, it is so ordered. rial was ordered to be printed in the taining this amendment was unani- WALL STREET RECORD, as follows: mously passed in the House of Rep- Mr. SANDERS. Madam President, CONGRESSIONAL BUDGET OFFICE COST resentatives in June of this year by a sometimes there is no end to arro- ESTIMATE voice vote. June 22, 2012. I know a lot of Senators on both sides gance. I find it literally beyond com- prehension that we have folks from H.R. 4018—PUBLIC SAFETY OFFICERS’ BENEFITS of the aisle care about reforming gov- Wall Street who receive huge bailouts IMPROVEMENTS ACT OF 2012 ernment programs and making the As ordered reported by the House Committee on Federal Government work better. This from the people of our country, from the Judiciary on June 6, 2012 is a bipartisan measure that does that. working families in this country, be- CBO estimates that implementing H.R. It will speed up claims processing, it cause of the greed and recklessness and 4018 would have no significant cost to the will reduce costs to the Department of illegal behavior that Wall Street did to federal government. Enacting the bill could Justice, and it will lessen unnecessary drive us into this recession, and now affect direct spending; therefore, pay-as-you- paperwork burdens for claimants. It these very same people are coming go procedures apply. However, CBO esti- has passed with overwhelming Demo- here to Congress to lecture us and the mates that any effects would be insignificant American people about how we have to for each year. The legislation would not af- cratic and Republican support in the House. It had stalled in the past over cut Social Security, Medicare, and fect revenues. Medicaid while they enjoy huge sala- Under current law, the families of public misguided objections. Some might say safety officers who have died as a result of this is not the responsibility of Con- ries and retirement benefits. Lloyd Blankfein is the CEO of Gold- injuries sustained in the line of duty are eli- gress. As a constitutional matter, that man Sachs. In 2006 and 2007 he was the gible for a one-time payment of about is simply not true. It is a matter of pol- $320,000. Public safety officers who have been highest paid executive on Wall Street, icy. permanently disabled are eligible for the making over $125 million in total com- same payment, but this payment is subject Since 1976, Congress has made the judgment that the right thing to do is pensation. My understanding is that he to the availability of appropriated funds. has wealth of hundreds of millions of This legislation would make members of to take care of surviving spouses and dollars. Goldman Sachs received a $278 rescue squads or ambulance crews operated children of police officers, firefighters, by nonprofit entities eligible for benefits and emergency medical responders who million refund—Goldman Sachs did— paid when public safety officers are perma- are killed in the line of duty. Congress from the IRS in 2008 even though it nently disabled or die as a result of injuries has always provided assistance to these made a profit of $2.3 billion. During the sustained in the line of duty. H.R. 4018 also heroes. If there is a Senator who be- financial crisis, Goldman Sachs re- would narrow the eligibility of members of ceived a total of $814 billion in vir- rescue squads or ambulance crews for bene- lieves this is beyond the responsibility of Congress, then introduce and defend tually zero interest loans from the Fed- fits under the Public Safety Officers’ Benefit eral Reserve and a $10 billion bailout (PSOB) program; as a result, some individ- legislation to repeal the policy first en- from the Treasury Department. This is uals would no longer receive benefits that acted in 1976. they could receive under current law. The Americans take care of each other. the CEO of Goldman Sachs. Now, with bill would prevent individuals from receiving We live by the ideal that we take care his huge wealth, he is coming here to certain benefits under the program if they of our own. Just as the Federal Govern- Washington to lecture the American receive payments from the September 11th ment is working hard to help those suf- people on how we have to cut Social Victim Compensation Fund of 2001. In addi- Security, Medicare, and Medicaid for tion, the proposed legislation would make fering from Hurricane Sandy or as the Federal Government provides critical tens of millions of Americans who are many technical and administrative changes struggling now to keep their heads that aim to expedite the processing of claims assistance to people and communities for benefits. devastated by tornadoes or droughts or above water. Based on the number of fatalities of mem- wildfires, just as Congress stood by the This is a statement Lloyd Blankfien bers of nonprofit rescue squads or ambulance families of those killed in the attacks recently made, I believe, on a TV show: crews in recent years, CBO expects that, on of September 11, 2001, we take care of You’re going to have to, undoubtedly, do average, a few persons each year would be af- our own. We always will. something to lower people’s expectations, fected by the proposed legislation and that As I said, at some appropriate time I the entitlements, and what people think additional payments from the PSOB program they’re going to get because they’re not would be made. CBO estimates that those will call up the amendment. going to get it. Social Security wasn’t de- payments would total $13 million over the I suggest the absence of a quorum. vised to be a system that supported you for 2013–2022 period. However, based on informa- The PRESIDING OFFICER. The a 30 year retirement after a 25 year career tion from the Department of Justice, we ex- clerk will call the roll. . . . So there will be certain things, like the pect that those costs would be offset by sav- The legislative clerk proceeded to retirement age will have to be changed, ings from other provisions of the bill that call the roll. maybe the benefits will have to be affected,

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.000 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15644 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 28, 2012 maybe some of the inflation adjustments Blankfein and his other CEO friends on serious national security issue—so says will have to be revised . . . But, in general, Wall Street really want us to balance not just me but the U.S. Department of entitlements have to be slowed down and the budget on the backs of the disabled Defense and, indeed, our national intel- contained. vets? Well, this Senator surely is not ligence community. This comes from a man worth hun- going to support that. In 2011 the Defense Science Board dreds of millions of dollars whose com- There are ways to deal with deficit provided the Secretary of Defense guid- pany, along with the rest of the compa- reduction that are fair. Everybody has ance for a governmentwide approach to nies on Wall Street, drove this country to understand that we have already cut preparing for the effects of climate into the recession it is in, which, by approximately $1 trillion in benefits. change, concluding that ‘‘climate the way, contributed to the deficit we So when we talk about $4 trillion in change will only grow in concern for are in. He is coming to Capitol Hill to deficit reduction, $1 trillion has al- the United States and its security in- lecture us and lecture the working ready taken place. terests.’’ families in this country on how we Second of all, obviously, at a time The 2010 Quadrennial Defense Review have to cut Social Security, Medicare, when the wealthiest people are doing by the Department of Defense noted and Medicaid. I think arrogance has no phenomenally well and we have grow- that climate change is one of the end, that people from Wall Street can ing wealth and income inequality in things that ‘‘will play important roles come down here and tell us that. America, of course we have to repeal in the future security environment.’’ I think most Americans understand Bush’s tax breaks for people making The White House’s 2010 national secu- that the reason we are in the terrible $250,000 a year or more. That is another rity strategist stated that ‘‘climate recession we are in right now and the $1 trillion. We have to appreciate the change . . . threaten(s) the security of reason we went from a $236 billion sur- fact that one out of four corporations regions and the health and safety of plus when Bill Clinton left office has in America doesn’t pay a nickel in the American people.’’ everything in the world to do not with taxes. We can bring in significant Back to 2008, Dr. Thomas Fingar, Social Security but with the fact that amounts of revenue through tax reform then Deputy Director of National Intel- we went into the wars in Iraq and Af- that asks corporations to start paying ligence for Analysis and the Chairman ghanistan and forgot to pay for them; their fair share of taxes. We are losing of the National Intelligence Council, we gave huge tax breaks to people such $100 billion a year because corporations said that ‘‘global climate change will as Mr. Blankfein and did not offset and the wealthy are stashing their have wide-ranging implications for them; passed the Medicare Part D pre- money in the Cayman Islands and U.S. national security interests for the scription drug program, not paid for; other tax havens, thus losing substan- next 20 years.’’ In a report requested by the CIA, the and as a result of the Wall Street reces- tial revenue in the United States. National Research Council wrote this sion, significantly less revenue is now Defense spending has tripled since year that ‘‘while climate change alone coming into the Federal Government. 1997. We are now spending almost as does not cause conflict, it may act as That is why we went from a $236 billion much as the rest of the world com- an accelerant of instability or con- surplus in 2001 to a $1 trillion deficit bined. Let’s take a serious look at de- flict.’’ today. fense spending. If we do that, make In 2006 the Center for Naval Analysis, The deficit is a serious issue and it some changes toward efficiency in a federally funded research and devel- has to be addressed, but it has to be ad- Medicare and Medicaid, make them opment center that has advised the dressed not in the way that Mr. more efficient but not cut benefits, we Navy and Marine Corps since 1942, con- Blankfein, Pete Peterson, and the can move toward serious deficit reduc- vened a military advisory board of re- other Wall Street billionaires want us tion without cutting Social Security, tired three-star and four-star admirals to address the deficit but in a way that without cutting Medicare, and without and generals and asked them to report is fair to working people. Among other cutting Medicaid. on national security and the threat of things, we have to protect Social Secu- We just had an election a few weeks climate change. The report stated: rity, protect Medicare, protect Med- ago—November 6—and what I think the icaid. American people said is that the time While uncertainty exists . . . regarding . . . the future extent of projected climate I was appreciative the other day is now for the wealthy to start paying change, the trends are clear. The nature and when I read that the White House has their fair share of taxes. We have seen pace of climate changes being observed said something that many of us have poll after poll after poll, including today . . . pose . . . grave implications for wanted them to say, which is that So- from some very conservative people our national security. cial Security had nothing to do with who are saying do not cut Social Secu- And, of course, as the Presiding Offi- the deficit; Social Security should be rity, Medicare, and Medicaid. I think it cer knows, in the 5 years since, the evi- treated separately. I think that is a is time for the Senate and the Congress dence has tracked the worst of those real step forward. Many of us signed a to start listening to the American peo- climate change projections, not the letter to that effect. ple. Let’s go forward with deficit reduc- most gentle. But what does worry me is this issue tion, but let’s not do it on the backs of Our Nation’s top military strategists, of chain CPI. I want everybody to un- the elderly, the children, the sick, or our Nation’s top researchers, the Na- derstand what the chain CPI is about. the poor. tional Research Council, and the Na- Nobody outside of Capitol Hill knows With that, I yield the floor. tional Academy of Sciences all have what it is about. What it is about is re- The PRESIDING OFFICER. The Sen- recommended that our national secu- formulating how we determine COLAs. ator from Rhode Island. rity institutions prepare for threats If this chain CPI passed, what it would CLIMATE CHANGE caused by climate change. mean is that if somebody was 65 now— Mr. WHITEHOUSE. Madam Presi- On the other hand, we have a tiny this would go into effect immediately dent, we are working toward a national fringe of scientists, many of whom are if it were passed—by the time they defense authorization act, and as we do funded by industry, that denies these were 75, there would be a $560-a-year that, I rise to discuss the importance of facts and urges us to maintain the sta- reduction in what they otherwise assessing and planning for and miti- tus quo. In effect, that little fringe would have gotten in Social Security gating the national security effects of urges us to do nothing. This is the benefits through the COLAs. By the climate change. same strategy, often the same organi- time they are 85, it would be $1,000 a Our changing climate is not simply a zations, and in some cases even the year. We must defeat any and all ef- green issue invented by environmental- same people who denied in the past forts to oppose a chain CPI not only on ists and conservationists; climate that cigarettes are bad for us or that Social Security beneficiaries, but it change threatens our strategic inter- lead paint harms children. They are would also apply, if my colleagues can ests, our military readiness, and our professional, industry-paid deniers at believe this, to disabled veterans. Mr. domestic security in many ways. It is a large.

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.000 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15645 The choice is a clear one, and I rec- atmosphere will change and the com- MIT’s Energy Initiative. In his words, ommend we follow the findings of our position of the oceans will change. ‘‘. . . the globe is warming, which is military leaders. They have deter- Habitats will change, growing condi- not a matter of opinion, but a matter mined that climate change is real and tions will be altered, and the snows and of fact. The arctic is melting. If you that our national security requires us glaciers that feed great rivers will could bring together the constituencies to reject the false science of the cli- change, changing the seasonal flows of concerned with national security, the mate deniers. the rivers. The world’s great agricul- economy and the environment—both The National Intelligence Council tural deltas will face both those local and global—that would be a po- has identified more than 30 U.S. mili- changes in the rivers and rising sea lev- tent coalition.’’ tary installations that are threatened els. All of these changes will disrupt So I hope Members on both sides of by risks associated just with rising sea food supplies and water resources. the aisle can agree that when it comes levels. One is Diego Garcia. It is a Many poorer regions are unprepared to to protecting our American interests small island south of India and home to deal with the effects of famine, at home and abroad, we should believe a logistics hub for U.S. and British drought, crop failure, flooding, and dis- our national security institutions when forces in the Middle East and to Air ease that can be anticipated. These they warn us of the security and stra- Force Satellite Control Network equip- slower moving climate disasters will tegic implications of climate change ment. The Navy reports that the aver- create migration, competition for re- rather than align ourselves with a age elevation of Diego Garcia is ap- sources, and government instability questionable fringe of industry-allied deniers. Ultimately, as I have said be- proximately 4 feet. Even absent a that in turn sets the stage for more fore on this floor, we are beholding to storm or tsunami, this installation is international unrest. our children and grandchildren to do threatened by inundation from slow Last, the changing environment will something about the carbon pollution and steady sea level rise. affect our military’s operating environ- that is causing this climate change. The Norfolk Naval Air Station and ment. Sea ice in the Arctic is already And history’s verdict for our failure Naval Base on the southern end of the vanishing, and new Arctic waterways will be harsh. Chesapeake Bay is the Navy’s largest are opening. In September, Reuters re- I yield the floor. supply center and home to the U.S. At- ported that the first Chinese ice- The PRESIDING OFFICER. The Sen- lantic fleet. A New York Times anal- breaker crossed the Arctic, with the ator from Michigan is recognized. ysis this past weekend using U.S. Geo- expedition leader explaining how sur- Mr. LEVIN. Madam President, in a logical Survey and NOAA data showed prised he was to find the route to be so moment I am going to ask unanimous that a 5-foot sea level rise would per- open. In addition to new shipping consent that we proceed to a debate, to manently flood portions of that base. routes, the reduction in Arctic sea ice Senator FEINSTEIN, who will speak on The base is at continuing risk, of makes oil, gas, and mineral explo- an amendment that she intends to offer course, from storm surges. By the way, ration more likely there. These new but not offer it at this time. I will then a 5-foot sea level rise is now predicted operational challenges will expand the ask she be followed by Senator PAUL, to be a possibility in this century. Coast Guard’s mission along our Arctic who will speak on that same amend- Eglin Air Force Base on Florida’s borders and the Navy’s mission in the ment. It is our intention then to move gulf coast, the largest Air Force base Arctic Ocean. to a vote on the Leahy amendment to in the world, is threatened by storm The Department of Defense and our improve the Public Safety Officers’ surge, sea level rise, and saltwater in- intelligence community have accepted Benefits Program. This falls within the filtration. We know that climate the science of climate change and the jurisdiction of the Judiciary Com- change loads the dice for more and fact that we need to prepare for it. We mittee, but the chairman, whose more severe extreme weather. customarily rely on the professional amendment it is, and the ranking Retired Brigadier General Steven An- judgments of the sober and thoughtful member, Senator GRASSLEY, have both derson and retired Lieutenant General leaders of these great national security approved this amendment, and I would Daniel Christman recently used Hurri- organizations. Their assessments are simply alert other Senators that if cane Katrina as an example of how ex- based on sound and comprehensive they wish to speak on this amendment, treme weather can cause what they science and analysis. I respect the sol- for or against, that it is our intention call ‘‘negative operational impacts’’ to emn mission our national security in- to proceed to a vote on the Leahy our military. In response to Katrina, stitutions have to protect the United amendment following the speaking of the National Guard mobilized 58,000 States and its interests, and I trust Senator PAUL and Senator FEINSTEIN. National Guard members to the relief their judgment. So I ask unanimous consent that the effort at the same time that 79,000 Their judgment is echoed by signifi- Senate proceed in that way. Guard members were deployed fighting cant Republican leaders. Our former The PRESIDING OFFICER. Without the war on terrorism. The generals colleague, Senator John Warner, Re- objection, it is so ordered. Mr. LEVIN. I thank the Presiding Of- pointed out that although Louisiana’s publican of Virginia, who was the ficer. physical infrastructure did not hold, chairman of the Senate Armed Serv- The PRESIDING OFFICER. The Sen- our National Guard did hold. But the ices committee, has said: ator from California. limits of even our exceptional National Leading military and security experts Mrs. FEINSTEIN. Madam President, Guard would be tested by these agree that if left unchecked, global warming I thank the distinguished chairman. changes in extreme weather, and it is could increase instability and lead to con- I am going to offer an amendment— imperative that we prepare our emer- flict in already fragile regions of the world. a version of it was introduced as a sep- gency management and responders for He continued: arate bill last year as S. 2003. The co- a new normal of new extremes. We ignore these facts at the peril of our sponsors of the amendment are Sen- Climate change will also create new national security and at great risk to those ators PAUL, LEE, COONS, COLLINS, LAU- in uniform who serve this nation. strategic challenges. Climate events TENBERG, GILLIBRAND, and KIRK. I ask such as droughts and heat waves, floods George Shultz was Secretary of unanimous consent to add Senators and storms exacerbate political and Treasury and Labor and Director of the TESTER, JOHNSON of South Dakota, military tensions in areas around the Office of Management and Budget SANDERS, WHITEHOUSE, and HELLER as world with fragile governments and in- under President Nixon, and the Sec- cosponsors to the amendment. stability. This can result in violent retary of State under President The PRESIDING OFFICER. Without conflict and in refugee problems. Reagan. He leads the Hoover Institu- objection, it is so ordered. It is not just the shock of extreme tion’s Shultz-Stephenson Task Force Mrs. FEINSTEIN. This amendment is weather that portends danger. As the on Energy Policy and has also served almost identical to the bill I intro- temperature of the air and ocean stead- on the advisory boards of Stanford’s duced a year ago. That bill has a bipar- ily rises, the amount of moisture in the Precourt Institute for Energy and tisan group of 30 cosponsors. It is

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.000 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15646 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 28, 2012 called the Due Process Guarantee Act, years after the 1942 evacuation order In Padilla, the Second Circuit held and the co-sponsors include five Repub- was issued, Congress passed and Presi- that AUMF did not authorize his de- licans: Senators LEE, PAUL, COLLINS, dent Nixon signed into law the Non-De- tention, saying: KIRK, and MORAN. Thanks to Chairman tention Act of 1971, which repealed a We conclude that clear congressional au- LEAHY, the bill had a hearing earlier 1950 statute that explicitly allowed de- thorization is required for detentions of this year in the Judiciary Committee, tention of U.S. citizens without charge American citizens on American soil because as the Presiding Officer will so note, on or trial. . . . the Non-Detention Act . . . prohibits February 29, 2012. The Non-Detention Act of 1971 clear- such detentions absent specific congressional The amendment I will offer clarifies ly states: authorization. questions that arose during last year’s No citizen shall be imprisoned or otherwise The Second Circuit went on to say defense authorization bill about the detained by the United States except pursu- that the 2001 Authorization for Use of U.S. Government’s power to detain its ant to an act of Congress. Military Force—and I quote—‘‘is not citizens indefinitely. Last year’s bill Despite this history, during last such an authorization, and no excep- had detention provisions in it that year’s debate on the Defense authoriza- tion to [the Non-Detention Act] other- never had a hearing in the Judiciary tion bill some in this body advocated wise exists.’’ Committee, the Intelligence Com- for the indefinite detention of Amer- So here is the problem. We have the mittee, or the Armed Services Com- ican citizens. This is an issue that has Supreme Court that says one thing in a mittee. been the subject of much legal con- limited way and a federal appeals court Let me just take a minute to de- troversy since 9/11. that says another thing on an issue not scribe why this is such an important Proponents of indefinitely detaining directly addressed by the Supreme issue for me. citizens apprehended in the U.S. argue Court. When we debated this issue on When I was a very young girl—I re- that the Authorization for Use of Mili- the Senate floor last year, the Senate member it was a Sunday because my tary Force—what we call the AUMF— ultimately agreed to a compromise father worked every other day of the that was enacted in the wake of 9/11 is amendment which passed by an over- week—my father took me down to a ‘‘an act of Congress,’’ in the language whelming 99-to-1 vote. I worked on racetrack just south of San Francisco of the Non-Detention Act, that author- that with Senators LEE, PAUL, LEVIN, called Tanforan. It was the beginning izes the indefinite detention of Amer- McCAIN, DURBIN, LEAHY, and the of World War II. The racetrack was ican citizens regardless of where they amendment provided the following: then a staging point for Japanese are captured. Nothing in this section shall be construed Americans en route to more permanent They further assert that their posi- to affect existing law or authorities relating detention centers. tion is justified by the U.S. Supreme to the detention of United States citizens, or Here is the edict that was put out: Court’s plurality decision in the 2004 lawful resident aliens of the United States, case of Hamdi v. Rumsfeld. However, or any other persons who are captured or ar- Western Defense Command and Fourth rested in the United States. Army Wartime Civil Control Administra- that position is undercut by the 2003 tion, Presidio of San Francisco, California, case of Padilla v. Rumsfeld in the Sec- Now, that was adopted to say, leave April 1, 1942, Instructions to All Persons of ond Circuit Court of Appeals. So we things as they are right now. It pre- Japanese Ancestry, Living in the Following have a kind of muddle. served the current state of the law, Area: But let me discuss the facts of the continuing to leave it to the courts to Then it describes the area. It says: Hamdi case because it is important to resolve who is right about whether the All Japanese persons, both alien and non- note that Yaser Esam Hamdi was a AUMF authorizes the military deten- alien, will be evacuated from the above des- U.S. citizen who took up arms on be- tion of anyone apprehended domesti- ignated area by 12:00 o’clock noon Tuesday, half of the Taliban and was captured on cally. April 7, 1942. the battlefield in Afghanistan. The Su- I believe strongly the time has come No Japanese person will be permitted to preme Court effectively did uphold his now to end this legal ambiguity and to enter or leave the above described area after state clearly once and for all that the 8:00 a.m., Thursday, April 2, 1942, without ob- military detention, so some of my col- taining special permission from the Provost leagues seize upon this to say that the AUMF or other authorities do not au- Marshal of the Civil Control Station. military can today indefinitely detain thorize such indefinite detention of This was an order which remanded even U.S. citizens who are arrested do- Americans apprehended in the United all persons of Japanese ancestry into mestically. States. custody for the duration of World War However, the Supreme Court’s opin- To accomplish this, we are offering II. ion in that case was a decision by a 4- an amendment which affirms the con- Let me show you a little of what to-4 plurality that recognized the tinuing application of the principles these facilities looked like. Shown in power of the government to detain U.S. behind the Non-Detention Act of 1971. this picture I have in the Chamber is citizens captured abroad as ‘‘enemy It amends that act to provide clearly Tanforan Racetrack, and these are the combatants’’ for some period, but oth- that no military authorization allows barracks that were put up to house erwise repudiated the government’s indefinite detention of U.S. citizens or Japanese-American citizens and non- broad assertions of executive authority green card holders who are appre- citizens—only because they were of to detain citizens without charge or hended inside the United States. Japanese ancestry. trial. The amendment states, ‘‘An author- In this next picture, this is what it To the extent the Hamdi case per- ization to use military force, a declara- looked like close up. This is a young mits the government to detain a U.S. tion of war, or any similar authority person walking out of this small cell in citizen ‘‘until the end of hostilities,’’ it shall not authorize the detention with- that barrack. does so only under a very limited set of out charge or trial of a citizen or law- In this next picture, these are Japa- circumstances; namely, citizens taking ful permanent resident of the United nese Americans standing in line—and an active part in hostilities who are States apprehended in the United here is the racetrack—either to get captured in Afghanistan and who are States unless an Act of Congress ex- food or for some other reason. afforded certain due process protec- pressly authorizes such detention.’’ This stuck in my memory, and I be- tions, at a minimum. That affirms the Second Circuit’s lieve it was a stain on the greatness of Additionally, decisions by the lower clear statement rule from the Padilla this country. As I saw the barbed wire, courts have contributed to the current case. Some may ask why this amend- these men, women, and children housed state of ambiguity. For example, con- ment protects green card holders as in horse stables, in small buildings, as sider those decisions involving Jose well as citizens. Others may ask why you can see, it was an experience I will Padilla, a U.S. citizen who was arrested the amendment does not protect all never forget. in Chicago. He was initially detained persons apprehended in the United To ensure that this shameful experi- pursuant to a material witness warrant States from indefinite detention? Let ence was never repeated, almost 30 based on the 9/11 terrorist acts. me be clear. I would support providing

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.000 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15647 the protections in this amendment to damage property in a foreign country; kill- tion into the activities of Jumaev and his as- all persons in the United States wheth- ing and attempting to kill officers and em- sociate, Jamshid Muhtorov, who was ar- er lawfully or unlawfully present. ployees of the United States; killing nation- rested in January 2012 on similar charges. But the question is, Is there enough als of the United States; conspiracy to use a Jumaev and Muhtorov had pledged support support in this body to expand this weapon of mass destruction outside the for the IJU and Jumaev sent funds to United States; and bombing places of public Muhtorov, specifically intended for the IJU. amendment to cover others besides use and government facilities. The com- The U.S. Government has designated the IJU U.S. citizens and green card holders? I plaint further alleges that Santana, Deleon, as a Foreign Terrorist Organization. do not believe there is. We got 45 votes and Gojali conducted preliminary training in (13) Amine El Khalifi—Plot to carry out a last year on a similar amendment pro- southern California at firearms and paintball Suicide Bomb Attack against the U.S. Cap- tecting U.S. citizens. We have re- facilities to prepare for terrorist training itol—February 2012. worked the amendment and gained overseas. Amine El Khalifi, an illegal immigrant more support this year, as reflected in (4) Quazi Mohammad Rezwanul Ahsan from Morocco, was arrested on February 17, the co-sponsors we have today. So my Nafis—Plot to Bomb New York Federal Re- 2012 for attempting to detonate a bomb in serve Bank—October 2012. what was envisioned to be a suicide attack hope is that at least we can clear up On October 17, 2012, the FBI arrested Ahsan against the U.S. Capitol Building. According the law with strong protections for Nafis, a Bangladeshi national, as he at- to an FBI press release, ‘‘El Khalifi allegedly citizens and legal permanent residents. tempted to detonate what he believed to be traveled to a parking garage near the U.S. Wherever we draw the line on who a 1,000-pound bomb at the New York Federal Capitol building. El Khalifi took possession should be covered by this legislation, I Reserve Bank in lower Manhattan’s financial of a MAC–10 automatic weapon and put on a believe it violates fundamental Amer- district. The defendant faces charges of at- vest containing what he believed to be a ican rights to allow anyone appre- tempting to use a weapon of mass destruc- functioning bomb. Unbeknownst to El hended in the United States to be de- tion and attempting to provide material sup- Khalifi, both the weapon and the bomb had tained without charge or trial. The FBI port to Al Qaeda. According to an FBI press been rendered inoperable by law enforce- release, the accused, ‘‘traveled to the United ment. El Khalifi walked alone from the vehi- and other law enforcement agencies States in January 2012 for the purpose of cle toward the United States Capitol, where have proven time and time again they conducting a terrorist attack on U.S. soil. he intended to shoot people and detonate the are up to the challenge of detecting, Nafis, who reported having overseas connec- bomb. El Khalifi was arrested and taken into stopping, arresting, and convicting ter- tions to Al Qaeda, attempted to recruit indi- custody before exiting the parking garage.’’ rorists found on U.S. soil, having suc- viduals to form a terrorist cell inside the The FBI made initial contact with Khalifi in cessfully arrested, detained, and con- United States. Nafis also actively sought out January 2011. Over the course of the year he victed hundreds of these heinous peo- Al Qaeda contacts within the United States cited his anger over the ‘‘war on terrorism’’ ple, both before and after 9/11. to assist him in carrying out an attack.’’ and the ‘‘war on Muslims’’ as his rationale For example, since January 2009, 98 (5) Adel Daoud—Plot to Bomb Downtown behind planned attacks against a military Chicago Bar—September 2012. installation and a restaurant in Washington individuals have been successfully ar- On Friday September 14, 2012, Adel Daoud D.C. After acquiring and testing dummy ex- rested inside the United States by the attempted to detonate what he believed to be plosives given to him by FBI affiliates, FBI and other Federal or local law en- a car bomb outside a bar in downtown Chi- Khalifi modified his plans to conduct a sui- forcement officers on terrorism-related cago. Daoud, a U.S. citizen, was arrested as cide attack against the U.S. Capitol. charges. Last month, the staff of the part of an ongoing FBI counterterrorism op- (14) Sami Osmakac—Plot to Bomb Loca- Senate Intelligence Committee com- eration after he was discovered on the Inter- tions in Tampa, Florida—January 2012. piled a list of the individuals arrested net seeking information on how to conduct On January 7, 2012, the FBI arrested Sami in the past 4 years as part of more than terrorist attacks. According to an FBI press Osmakac, a naturalized U.S. citizen born in release, ‘‘In about May 2012, two FBI online the former Yugoslavia (Kosovo) on one count 50 different terrorism investigations. undercover employees contacted Daoud in of attempted use of a weapon of mass de- The list was based on publicly avail- response to material Daoud posted online struction. The FBI used a sting operation to able information from the FBI, the and thereafter exchanged several electronic apprehend Osmakac who was 25 years old at Congressional Research Service, and communications with Daoud. According to the time of his arrest. According to FBI in- media reports. I have it here and I ask the affidavit, during these communications vestigators, in September 2011, an FBI source unanimous consent to have the list Daoud expressed an interest in engaging in reported that Osmakac and another person printed in the RECORD. violent jihad, either in the United States or had asked for Al Qaeda flags at the source’s There being no objection, the mate- overseas.’’ business. The source continued to interact rial was ordered to be printed in the (6) Douglas L. Wright, (7) Brandon L. Bax- with Osmakac and report to the FBI about ter, (8) Anthony Hayne, (9) Connor C. Ste- his activities. Osmakac allegedly expressed RECORD, as follows: vens, and (10) Joshua S. Stafford—Plot to interest in obtaining firearms and explosives TERRORIST ARRESTS AND PLOTS STOPPED IN Bomb Brecksville-Northfield High Level for attacks he was planning in the Tampa THE UNITED STATES 2009–2012 Bridge in Ohio—May 2012. area, and the source introduced him to an (COMPILED BY SENATE INTELLIGENCE COM- These five men were arrested on May 1, FBI undercover employee reputed to have MITTEE STAFF BASED ON PUBLICLY AVAIL- 2012 after they attempted to detonate an ex- access to such materials. The undercover ABLE INFORMATION FROM THE FBI, THE CON- plosive device set on the Brecksville- employee supplied Osmakac with hand gre- GRESSIONAL RESEARCH SERVICE, AND MEDIA Northfield High Level Bridge in Ohio that nades, an assault rifle, a pistol, a car bomb, REPORTS) was given to them by an undercover FBI and an explosive belt. Osmakac was unaware (1) Ralph Deleon, (2) Miguel Alejandro agent. The accused men are self-proclaimed that the items actually did not work. In the Santana Vidriales (Santana), (3) Arifeen anarchists who considered carrying out a se- course of his plotting Osmakac purportedly David Gojali—Conspiracy to Provide Mate- ries of attacks, but ultimately decided to discussed targets such as ‘‘night clubs in the rial Support to Terrorism—November 2012. target the bridge in Ohio after an initial plot Ybor City area of Tampa, the Operations On Friday, November 16, 2012, the FBI ar- to use smoke grenades to distract law en- Center of the Hillsborough County Sheriff’s rested Deleon, Santana, and Gojali who were forcement in order for co-conspirators to Office in Ybor City, and a business in the planning to travel to Afghanistan to attend topple financial institution signs atop high South Tampa,’’ according to a DOJ press re- terrorist training and commit violent jihad. rise buildings in downtown Cleveland failed lease. Muslims in Tampa reportedly aided Deleon, of Ontario, California, is a lawful to materialize. ‘‘The defendants conspired to the FBI in its investigation. Osmakac pur- permanent resident alien, born in the Phil- obtain C–4 explosives contained in two im- portedly exhibited extremist views prompt- ippines. Santana, of Upland, California, is a provised explosive devices to be placed and ing at least one local Muslim to tell authori- lawful permanent resident, born in Mexico, remotely detonated,’’ according to the com- ties about him. and whose application for citizenship is plaint. (15) Jose Pimentel—Plot to Bomb New pending in the U.S. Gojali, of Riverside, Cali- (11) Bakhtiyor Jumaev and (12) Jamshid York City Targets and Troops Returning fornia, is a United States citizen. According Muhtorov—Conspiracy to Provide Material from Combat Overseas—November 2011. to a criminal complaint filed in U.S. District Support to the Islamic Jihad Union (IJU)— On November 19, 2011, New York City po- Court in the Central District of California, March 2012. lice arrested a convert to Islam named Jose the defendants conspired to provide material On March 15, 2012, the FBI arrested Pimentel on terrorism charges. According to support to terrorists knowing or intending Bakhtiyor Jumaev who was charged with New York City Police Commissioner Ray- that such support was to be used in prepara- one count of conspiracy to provide material mond W. Kelly, Pimentel purportedly dis- tion for or in carrying out: conspiracy to support to the Islamic Jihad Union (IJU). cussed killing U.S. military personnel re- kill, kidnap, maim, or injure persons and The FBI had been conducting an investiga- turning home from Iraq and Afghanistan, in

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.000 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15648 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 28, 2012 conjunction with bombing post offices in and On July 27, 2011, U.S. Army Private Naser struction of property and firearm violations. around Washington Heights and police cars Abdo was arrested near Fort Hood in Texas These charges stemmed from five shootings in New York City, as well as a police station for allegedly plotting a shooting spree and at military installations in Northern Vir- in Bayonne, N.J. The alleged would-be bomb- bombing in the area—near the same place ginia between October and November 2010. er was building explosive devices when he where Army Major Nidal Hasan reportedly No one was harmed in the shootings. It is un- was arrested after two years of surveillance killed 13 individuals in 2009. Abdo, described clear to what extent Melaku, a Marine Corps by the New York City Police Department in the media as a Muslim soldier in the 101st reservist, was driven by jihadist motiva- (NYPD). Pimentel reportedly discussed his Airborne Division at Fort Campbell, KY, was tions; however, investigators linked Melaku plans with an individual he did not know was supposedly absent without leave from the to a spiral notebook with numerous Arabic an NYPD criminal informant. Pimentel sym- Army after applying for conscientious objec- statements referencing the Taliban, Al pathized with Al Qaeda and drew inspiration tor status. A November 2011 superseding in- Qaeda, Osama bin Laden, ‘‘The Path to from now-deceased radical cleric Anwar al- dictment charged Abdo with one count of at- Jihad,’’ as well as a list of several other indi- Awlaki. The alleged would-be bomber pur- tempted use of a weapon of mass destruction, viduals associated with foreign terrorist or- portedly tried but failed to correspond with one count of attempted murder of officers or ganizations. Law enforcement officials also Awlaki via e-mail, and the cleric’s death employees of the United States, two counts found a video when they searched Melaku’s may have sped up Pimentel’s plotting. Ac- of possession of a firearm in furtherance of a bedroom. It reportedly depicted ‘‘Melaku in cording to the criminal complaint filed in federal crime of violence, and two counts of an automobile driving near what appears to the case, the NYPD tracked Pimentel’s possession of a destructive device in further- be the U.S. Marine Corps Heritage Museum internet activity, finding that Pimentel had ance of a federal crime of violence. Abdo al- and repeatedly firing a handgun out the pas- posted online pro-Al Qaeda material as well legedly purchased gunpowder, shotgun am- senger-side window.’’ In the video, he alleg- as an article detailing how to make a bomb munition, and a magazine for a semi-auto- edly states, ‘‘that’s my target. That’s the from Inspire Magazine. Working in the matic pistol at a gun store near Fort Hood. military building. It’s going to be attacked,’’ apartment of an NYPD criminal informant, An employee at the gun store supposedly and then he shouts, ‘‘Allah Akbar.’’ Pimentel supposedly followed Inspire’s bomb brought Abdo to the attention of law en- (25) Waad Ramadan Alwan and (26) Mohanad Shareef Hammadi—Material Sup- making instructions, scraping match heads, forcement officers. Federal officials have port to Al Qaeda in Iraq—May 2011 collecting the incendiary material, as well as noted that Abdo also possessed a .40 caliber Alwan and Hammadi were arrested on May drilling holes in three pipes, among other handgun, bomb making materials, and an ar- steps. 25, 2011 in Kentucky on charges to commit ticle on how to construct an explosive de- conspiracy to kill U.S. nationals abroad and (16) Mansour Arbabsiar—Plot to Assas- vice, among other items. The article was sinate the Saudi Ambassador to the United provide material support, including weapons, from Inspire, an English-language magazine to Al Qaeda in Iraq among other charges. States—October 2011. produced by Al Qaeda in the Arabian Penin- Mansour Arbabsiar was arrested after he (27) Ahmed Ferhani and (28) Mohamed sula. approached a DEA informant, who he be- Mamdouh—Plot to Attack New York City (20) Ulugbek Kodirov—Plot to Assassinate lieved was a member of Los Zetas, to hire Targets—May 2011 President Obama—July 2011. the cartel to carry out a terrorist attack On May 12, 2011, Ahmed Ferhani (an Alge- Ulugbek Kodirov, an Uzbek living in Ala- against the Saudi ambassador at a res- rian native living in Queens, NY) and bama, was arrested when he sought assist- taurant in Washington. Mr. Arbabsiar had Mohamed Mamdouh (a naturalized U.S. cit- ance to kill President Obama either by many connections to Iran’s military and the izen from Morocco) were arrested for plot- shooting him or using explosives. The affi- Qods Force. ting to blow up a synagogue as well as (17) Rezwan Ferdaus—Plot to Attack U.S. davit said that the source whom Kodirov churches in New York City. However, the Capitol and Pentagon—September 2011. contacted for help told authorities that duo had not chosen a specific target. New On September 28, Rezwan Ferdaus, a U.S. Kodirov supported Islamic extremists and York City officials alleged that Ferhani was citizen from Ashland, MA, was arrested on regularly viewed jihadist websites. driven by a hatred of Jews and a belief that terrorism charges. He allegedly plotted to (21) Emerson Begolly—Plot to Encourage Muslims are mistreated the world over. He attack the Pentagon and the U.S. Capitol Jihadist Acts in the United States—July and Mamdouh allegedly had purchased fire- with explosives-laden remote-controlled air- 2011. arms and a hand grenade from an undercover planes. According to DOJ, he also planned a On July 14, 2011, Emerson Begolly, a U.S. detective posing as a gun dealer. ground assault in conjunction with his aerial citizen from New Bethlehem, PA, was in- (29) Joseph Jeffrey Brice—Testing Explo- attack, intending to use firearms and to in- dicted for attempting to encourage jihadists sives and Proving Material Support to Ter- volve six conspirators in this phase of his to commit acts of terrorism within the rorists—May 2011 Joseph Jeffrey Brice was arrested on plot. Ferdaus also purportedly attempted to United States and distributing information charges of manufacturing an unregistered provide Al Qaeda with modified cell phones related to explosives online. In August 2011, firearm and later an additional charge of he believed would be used as detonators for he pleaded guilty to ‘‘soliciting others to en- providing material support for terrorism. Po- improvised explosive devices intended to gage in acts of terrorism within the United States and to using a firearm during and in lice began to take an interest in Mr. Brice harm U.S. soldiers abroad. As described by after he was seriously injured in April 2010 DOJ, FBI undercover employees acting as relation to an assault on FBI agents.’’ Ac- cording to DOJ, Begolly posted ‘‘links to a while testing a homemade bomb. Investiga- members of Al Qaeda supplied Ferdaus with tors discovered videos Brice posted that de- money, fake explosives for the airplanes, 101-page document that contain[ed] informa- tion on how to set up a laboratory, conduct picted suicide bombings in Pakistan and firearms, and hand grenades. In turn, (among links to a terrorism magazine with instruc- other things) Ferdaus provided the cell basic chemistry, and manufacture explo- sives.’’ tions on how to make explosives. He also phone detonators to these phony Al Qaeda posted bomb making videos to YouTube recruiters as well as a training video on how (22) Abu Khalid Abdul-Latif and (23) Walli Mujahidh—Plot to Attack Seattle Military under the name ‘‘StrengthofAllah.’’ Mr. to construct them. Ferdaus supposedly began Brice also plotted with an unidentified man plotting in 2010. In January 2011, he discussed Processing Center—June 2011 On June 22, 2011, Abu Khalid Abdul-Latif to rob a Zions First National bank in Idaho his plans with an FBI informant. In May although the plot was never acted upon. Au- 2011, he visited the Washington, DC, area to and Walli Mujahidh, were arrested on ter- rorism and firearms charges for plotting to thorities believe Brice was not a Muslim; conduct surveillance of his targets and view rather, he assumed a Muslim identity online the site from which he intended to launch attack a Seattle military processing center. An FBI sting operation apprehended the two in order to sell his bomb-making expertise. his remote-controlled airplanes. According (30) Hafiz Muhammed Sher Ali Khan, (31) as they took possession of machine guns to the FBI, Ferdaus believed that one of his Irfan Khan, and (32) Izhar Khan,—Material they had purchased for the plot. The fire- airplanes could collapse the Capitol dome. Support to the Pakistani Taliban—May 2011 (18) Agron Hasbajrami—Plot to Fight in arms had been rendered inert as part of the Six individuals located in South Florida Pakistan—September 2011. sting operation. Assistant Attorney General and Pakistan were indicted in the Southern On September 6, 2011, Agron Hasbajrami for National Security Todd Hinnen described District of Florida on charges of providing fi- was arrested at John F. Kennedy Inter- the plot as, ‘‘driven by a violent, extreme nancing and other material support to the national Airport in New York City as he ideology.’’ While the two reportedly had not Pakistani Taliban, a designated foreign ter- tried to board a flight to Turkey. Hasbajrami worked out all of the details of their plot, rorist organization. Three of them were lo- allegedly planned to join a jihadist fighting they allegedly were frustrated by ‘‘American cated abroad. Hafiz Muhammed Sher Ali group in the Federally Administered Tribal war policies’’ and hoped for an attack that Khan, Irfan Khan, and Izhar Khan were ar- Areas of Pakistan. He also purportedly sent would garner wide attention. rested in the U.S. more than $1,000 to Pakistan to support the (24) Yonathan Melaku—Plot to Shoot Tar- (33) Kevin William Harpham—Attempt to efforts of a militant with whom he commu- gets in Washington, DC, Area—June 2011 Use an Explosive Device—March 2011 nicated. On June 23, 2011, DOJ announced that On March 9, 2011, Kevin Harpham was ar- (19) Naser Abdo—Plot to Attack Targets Yonathan Melaku, an Ethiopian native liv- rested for placing an explosive device along- Near Fort Hood—July 2011. ing in Alexandria, VA, was charged with de- side a planned Martin Luther King Jr. Day

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.000 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15649 Unity March. Harpham admitted that he was (40) Farooque Ahmed—Plot to Bomb Wash- May 19, 2010, about transporting the target a white supremacist and white separatist. ington, DC, Subway Stations—October 2010 list authored by her husband to another per- (34) Khalid Ali-M Aldawsari—Plot to Bomb Farooque Ahmed was arrested on October son. In response, Nadia Rockwood also made U.S. Targets—February 2011 27, 2010, and charged with conspiring with false statements to FBI agents. On February 23, 2011, FBI agents arrested others he believed to be Al Qaeda operatives (48) Zachary Adam Chesser and (49) Khalid Ali-M Aldawsari, a citizen of Saudi to bomb subway stations in Washington, DC. Proscovia Kampire Nzabanita—Conspiracy Arabia and resident of Lubbock, TX. He was His co-conspirators turned out to be under- to Murder ‘‘South Park’’ Creators—July 2010 charged with attempted use of a weapon of cover law enforcement officers. On July 21, 2010, Zachary Adam Chesser, of mass destruction. He also allegedly plotted (41) Abdel Hameed Shehadeh—Travel Fairfax County, Va., was arrested on charges to purchase material to make an improvised Abroad to Wage Jihad—October 2010 that he provided material support to al- explosive device and had researched poten- Abdel Hameed Shehadeh was arrested on Shabaab, a designated foreign terrorist orga- tial U.S. targets. A chemical supplier pro- October 22, 2010, in Honolulu, HI. Among the nization. According to court documents, vided information to the FBI about a sus- accusations against him were that he tried Chesser maintained several online profiles picious attempted purchase by Aldawsari. to join the U.S. military so he could be de- dedicated to extremist jihad propaganda. Prosecutors have stated that among the tar- ployed to Iraq but would desert and fight Chesser eventually admitted to encouraging gets Aldawsari researched was the home ad- with anti-American insurgency forces. violent jihadists to attack the writers of dress for former President George W. Bush. (42) Sami Samir Hassoun—Plot to Deto- South Park, including highlighting their res- He also researched the names and home ad- nate an Explosive Device—September 2010 idence and urging online readers to ‘‘pay dresses of three American soldiers who had Sami Samir Hassoun was charged with one them a visit.’’ Chesser’s wife, Proscovia previously served at Abu Ghraib prison in count each of (1) attempted use of a weapon Kampire Nzabanita, eventually pleaded Iraq. of mass destruction and (2) attempted use of guilty to making a false statement to an FBI (35) Roger Stockham—Plot to Attack Shia an explosive device after placing a backpack agent during the course of the FBI’s inves- Mosque in Michigan—January 2011 which he thought contained an explosive de- tigation of her husband. Roger Stockham was arrested on January vice into a curbside trash receptacle near a (50) Mohamed Alessa and (51) Carlos 24, 2011 outside the Islamic Center of Amer- crowded nightclub. Almonte—Attempting Material Support to ica in Dearborn, Michigan. Mr. Stockham, a (43) Amina Ali and (44) Hawo Hassan—Ma- Terrorism—June 2010 Vietnam veteran from Southern California, terial Support to Terrorist Group al On June 5, 2010, two New Jersey residents, was caught with explosives in his vehicle Shabaab—August 2010 Mohamed Alessa and Carlos Almonte, were outside the Michigan mosque. Authorities On August 15, 2010, 2 Americans and 12 oth- arrested at JFK in New York prior to board- found a large but undisclosed quantity of ers were charged with terrorism-related ing separate flights to Egypt. Authorities al- class-C fireworks including M–80s, which are crimes linked to the Somali-based organiza- leged the two had hoped to eventually link banned in Michigan, in his car. Mr. tion known as al Shabaab. There were only up with al-Shabaab in Somalia. The fol- Stockham had a history of mental health two arrests of Amina Ali and Hawo Hassan lowing day, they were charged with con- issues and criminal acts ranging from women charged with raising money to sup- spiracy to kill Americans abroad. They are kidnappings to attempted bombings. port al Shabaab through door-to-door solici- alleged to have vowed to ‘‘slice up’’ troops in (36) Antonio Martinez—Plot to Bomb tations and teleconferences in Somali com- ‘‘a thousand pieces,’’ according to the crimi- Armed Forces Recruiting Center—December munities in Minnesota. Indictments were nal complaint which cites conversations se- 2010 also unsealed in Minnesota, Alabama, and cretly recorded by a NYPD undercover offi- Antonio Martinez (aka Muhammad California charging the other 12 individuals cer. Hussain), a U.S. citizen from Baltimore was who were believed to be fugitives in Somalia. (52) Tarek Mehanna—Providing Material charged with attempting to detonate a bomb (45) Shaker Masri—Attempted Travel to Support to Al Qaeda—June 2010 outside of a U.S. Armed Forces recruiting Somalia or Afghanistan to Fight—August Tarek Mehanna (of Sudbury, Massachu- center in Catonsville, Maryland on December 2010 setts) and Ahmad Aboursamra (a fugitive in 8, 2010. Unbeknownst to him, Mr. Martinez Shaker Masri was arrested by the FBI on Syria) were charged with conspiring to aid was working with undercover FBI agents the August 3, 2010, just before he was allegedly Al Qaeda, as well as attempting to commit whole time as they had been monitoring him planning to travel to Somalia or Afghanistan murder in a foreign country, conspiracy to since October 1, 2010 when a confidential to join either al-Shabaab or Al Qaeda. The commit provide false information to law en- source tipped off authorities to the potential FBI used a cooperating source who met forcement, as well as a number of other danger. Martinez had attempted to recruit Masri in November 2008 and subsequently counts of false statements to law enforce- up to five other people to his plot, but they consensually recorded conversations with ment. Only Mehanna was arrested. all declined to help him. him for the investigation. According to court (53) Barry Walter Bujol, Jr.—Attempting (37) Mohamed Osman Mohamud—Plot to documents, Masri encouraged the cooper- to Provide Material Support to Al Qaeda— Bomb Christmas Tree Lighting Ceremony— ating source to ‘‘review speeches’’ by Anwar June 2010 November 2010 al-Awlaki. Barry Walter Bujol, Jr. was charged with Mohamed Osman Mohamud a US Citizen (46) Paul Gene Rockwood and (47) Nadia attempting to provide material support to from Somalia was charged with attempting Rockwood—Charged with Perjury in a Ter- AQAP and aggravated identity theft. to detonate a vehicle bomb at a Christmas rorism Investigation—July 2010 (54) Faisal Shahzad—Attempted Car Bomb- tree lighting ceremony in Portland, OR on Both Paul Rockwood and his wife pleaded ing in Times Square—May 2010 November 26, 2010. The arrest was the cul- guilty to one count of willfully making false Fasial Shahzad was arrested on May 3, 2010 mination of a months-long investigation and statements to the FBI involving terrorism. and eventually pleaded guilty to 10 crimes the explosives he was trying to detonate According to the plea agreements and other stemming from attempting to detonate a car were inert. Mohamud was in touch with con- documents filed with the court, Paul Rock- bomb in Times Square on May 1, 2010. tacts in Pakistan and he was trying to travel wood converted to Islam, and later became a Shahzad was apprehended after being identi- overseas to engage in a violent jihad, accord- strict adherent to the violent jihad-pro- fied at JFK Airport after U.S. Customs ing to the FBI. Mohamud told undercover moting ideology of cleric Anwar Al-Awlaki. agents recognized him from video taken at agents that he had been trying to commit a According to the filed court documents, after Times Square. Two other individuals were violent jihad for 4 years, since he was 15. he moved to King Salmon, Alaska in 2006, indicted in connection with this terrorist (38) Mohamud Abdi Yusuf and (39) Abdi Paul Rockwood continued his adherence to plot: Mahdi Hussein—Material Support to Al- Al-Awlaki’s ideology and by early 2010, he (55) Mohammad Younis was arrested in Shabaab and Conspiracy to Structure Finan- formalized a target list to include 15 specific September 2010 and accused of operating an cial Transactions—November 2010 locations all outside the state of Alaska. In unlicensed money transmitting business On November 1, 2010, Mohamud Abdi Yusuf April 2010, Paul Rockwood gave his written which provided funds to Faisal Shahzad. was arrested on charges of providing mate- target list to his wife, Nadia, who, knowing There are no allegations, however, that rial support to al Shabaab and one charge of of its purpose, carried the list with her on a Younis was aware of the intended use of the conspiracy to structure financial trans- trip to Anchorage. The FBI’s Joint Ter- money. In the indictment, he was charged actions. Abdi Mahdi Hussein was arrested rorism Task Force (JTTF) subsequently ob- with operating an unlicensed money transfer one day later on a charge of conspiracy to tained the target list. On May 19, 2010, JTTF business between the United States and structure financial transactions. The indict- agents questioned Paul Rockwood and pro- Pakistan and conspiracy to operate an unli- ment alleged that Yusuf and Hussein sent vided him a copy of the target list. In re- censed money transfer business. In August funds to al Shabaab supporters in Somalia sponse to agents’ questions, Rockwood made 2011, he pleaded guilty to the former charge. from licensed money remitting businesses false statements, denying he had created (56) Aftab Ali was charged in a criminal operating in the United States, in part by such a list, denying the purpose of the list complaint in November 2010 with immigra- using fictitious names and telephone num- and denying ever having such a list. JTTF tion fraud and making false statements. The bers to conceal the nature of their activities. agents also questioned Nadia Rockwood on complaint alleges that Ali provided $4,900 to

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.000 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15650 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 28, 2012 Shahzad in February 2010 as part of a hawala pose by force the authority of the U.S. gov- Denver, where he was arrested on Sept. 19, transaction. The complaint does not allege ernment. The indictment further alleged 2009. Medunjanin and Ahmedzay were later that Ali was aware of the intended use of the that the Hutaree planned to kill an unidenti- arrested in connection with Zazi’s bombing money by Shahzad, but in April 2011, Ali fied member of local law enforcement and plot. All three men had traveled to Pakistan pleaded guilty to charges of unlicensed then attack the law enforcement officers for terrorist training and along with others, money transmitting and immigration docu- who gathered for the funeral. According to planned the New York terrorist attacks. ment fraud. He was sentenced to time served the plan, the Hutaree would attack law en- Three other individuals were indicted in con- and ordered to be deported. forcement vehicles during the funeral pro- nection with this terrorist plot: (57) Khalid Ouazzani—Providing Material cession with improvised explosive devices, (81) Mohammed Wali Zazi, Najibullah Support to Al Qaeda—May 2010 which, according to the indictment, con- Zazi’s father was arrested in the fall of 2009 Ouazzani swore an oath of allegiance to Al stitute weapons of mass destruction. for lying to investigators. On February 1, Qaeda in June 2008. Ouazzani admitted that, (72) Raja Ladrasib Khan—Provided Mate- 2010, he was indicted for conspiring to dis- from August 2007 to February 2010, he par- rial Support to Al Qaeda—March 2010 pose of his son’s bomb-making materials and ticipated in a conspiracy to provide material Khan was arrested and charged with send- chemicals. In July 2011, the elder Zazi was support or resources to Al Qaeda. Ouazzani ing money orders to Ilyas Kashimiri, a Paki- found guilty in federal court on one count of admitted that he personally provided more stani Al Qaeda Leader on multiple occasions conspiracy to obstruct justice and one count than $23,000 to Al Qaeda and performed other knowing that the money was going to a ter- of obstruction of justice. tasks at the request of and for the benefit of rorist organization. (82) Ahmad Wais Afzali, a Queens Imam, Al Qaeda. Ouazzani also had conversations (73) Hosam Maher Husein Smadi—Attempt- was arrested for tipping off Zazi to the FBI with others about various ways to support Al ing to use a Weapon of Mass Destruction— investigation. Afzali had been a source of in- Qaeda, including plans for them to fight in March 2010 formation for federal and New York City in- Afghanistan, Iraq, or Somalia. On September 24, 2009, Hosam Maher vestigators in the past. On March 4, 2010, (58) Wesam el-Hanafi and (59) Sabirhan Husein Smadi was arrested and charged in a Afzali pleaded guilty to lying to federal offi- Hasanoff—Providing Material Support to Al federal criminal complaint with attempting cials. He stated in court that he lied about a Qaeda—April 2010 to use a weapon of mass destruction after he conversation he had with Zazi tipping him Wesam el-Hanafi and Sabirhan Hasanoff placed an inert/inactive car bomb near Foun- off to the FBI’s investigation. were indicted for conspiring to provide mate- tain Place, a 60–story glass office tower in (83) Naqib Jaji, Zazi’s uncle, eventually rial support, including computer advice and downtown Dallas. Smadi repeatedly espoused pleaded guilty to obstructing justice. assistance, to Al Qaeda. his desire to commit violent jihad and had (84) Michael Finton—Plot to Bomb the (60) Colleen R. LaRose, (61) Jamie Paulin been the focus of an undercover FBI inves- Springfield, Illinois, Federal Building—Sep- Ramirez, and (62) Mohammad Hassan tigation. tember 2009 Khalid—Material Support to Terrorists— (74) Omer Abdi Mohamed—Conspiring to On September 23, 2009, Michael C. Finton, March 2010 Provide Material Support to Murder, Kidnap, who had converted to Islam was arrested On March 9, 2010 Colleen LaRose was and Maim Abroad—November 2009 after he drove a van he thought was loaded charged with conspiracy to provide material The indictment alleged that Omer Abdi with explosives—but was actually full of support to terrorists, conspiracy to kill in a Mohamed conspired to provide material sup- inert materials provided to him by the FBI— foreign country, making false statements to port to kill, kidnap, maim, or injure persons to the Paul Findley Federal Building in a government official, and attempted iden- in a foreign country. Among the activities Springfield, IL. Prosecutors say he parked tity theft. The indictment charged that alleged against Mohamed were that he re- and locked the vehicle, then moved a few LaRose, an American citizen who went by cruited young men to send to Somalia to blocks away before twice making cell phone the alias ‘‘Jihad Jane’’, was part of a group fight for al-Shabaab. In July 2011, Mohamed calls he believed would trigger a blast that who recruited men on the Internet to wage pleaded guilty to the charges filed against would kill or injure people inside the build- violent jihad in South Asia and Europe, and him. ing. In May 2011, he pleaded guilty to at- recruited women on the Internet who had (75) Abdow Munye Abdow—False State- tempting to bomb the building and was sen- passports and the ability to travel to and ments in a Terrorism Investigation—October tenced to 28 years in prison. around Europe in support of violent jihad. 2009 (85) Daniel Patrick Boyd, (86) Hysen Additionally, LaRose was accused of directly On October 13, 2009, a federal grand jury re- Sherifi, (87) Anes Subasic, (88) Zakariya plotting to kill a citizen of Sweden. LaRose, turned a two-count indictment charging Boyd, (89) Dylan Boyd, (90) Mohammad Omar aka ‘‘Jihad Jane,’’ pleaded guilty in Feb- Abdow Munye Abdow with making false Aly Hassan, and (91) Ziyad Yaghi—Terrorism ruary 2011 in the Eastern District of Pennsyl- statements to the FBI after being stopped Violations—July 2009 vania and Ramirez pleaded guilty in the during a road trip from Minneapolis to Las On July 27, 2009, seven individuals in North Eastern District of Pennsylvania in March Vegas with young men, allegedly facilitating Carolina were charged with conspiring to 2011. their travel to Somalia to fight for al- provide material support to terrorists and On April 2, 2010, Jamie Paulin Ramirez, a Shabaab. conspiring to murder, kidnap, maim, and in- U.S. citizen and former resident of Colorado, (76) David Coleman Headley and (77) jure persons abroad. The indictment alleged was also charged with conspiracy to provide Tahawwur Hussain Rana—Terrorism Con- that Daniel Boyd and the other defendants material support to terrorists, and linked to spiracy—October 2009 conspired to provide material support and re- the same group as LaRose. The superseding On October 29, 2009, David Coleman sources to terrorists, including currency, indictment charged that LaRose and Rami- Headley and Tahawwur Hussain Rana were training, transportation, and personnel. The rez traveled to and around Europe to partici- arrested for their alleged roles in conspir- defendants also conspired to murder, kidnap, pate in and in support of violent jihad. acies to provide material support and/or to maim, and injure persons abroad during this Finally, on October 20, 2011, Mohammad commit terrorist acts against overseas tar- period. The object of the conspiracy, accord- Hassan Khalid was also charged with pro- gets, including facilities and employees of a ing to the indictment, was to advance vio- viding material support to terrorists linking Danish newspaper that published cartoons of lent jihad. back to the same case as LaRose and Rami- the Prophet Mohammed in 2005. Eventually (92) James Cromitie, (93) David Williams, rez. The indictment alleged that, from about Headley pleaded guilty to a dozen charges of (94) Onta Williams, and (95) Laguerre 2008 through July 2011, Khalid conspired with terrorism stemming from the November 2008 Payen—Plot to Blow up Synagogues and LaRose, Ramirez, and others to provide ma- terrorist attack in Mumbai, India. Headley Shoot down U.S. Military Planes—May 2009 terial support and resources, including also admitted to attending training camps in These four men were arrested for plotting logistical support, recruitment services, fi- Pakistan to prepare for terrorist attacks and to bomb synagogues in the Bronx, New York. nancial support, identification documents to traveling to Mumbai to conduct surveil- Additionally, they planned to use Stinger, and personnel, to a conspiracy to kill over- lance in 2005. surface to air missiles, to shoot down mili- seas. (78) Najibullah Zazi, (79) Adis Medunjanin, tary planes at New York Air National Guard (63 through 71) Nine Members of Militia and (80) Zarein Ahmedzay—Conspiracy to Base. The men were contacted by FBI in- Group ‘‘The Hutaree’’ Charged with At- Use Weapons of Mass Destruction—Sep- formants and given inert weapons, which tempted Use of Weapons of Mass Destruc- tember 2009 they proceeded to try and use, which is when tion—March 2010 On Sept. 8, 2009, Zazi drove from Denver to they were apprehended. Six Michigan residents, two Ohio residents, New York, carrying explosives and other ma- (96) Salah Osman Ahmed—Providing Mate- and a resident of Indiana were charged with terials necessary to build bombs and carry rial Support to al-Shabaab—July 2009 attempted use of weapons of mass destruc- out attacks in New York City, including a On February 19, 2009, Salah Osman Ahmed tion among other charges. The indictment plan to bomb the New York subway system. pleaded guilty to providing material support alleged that nine individuals who were part However, shortly after arriving in New York, to al-Shabaab. of the Lenawee County Michigan militia Zazi learned that law enforcement was inves- (97) Abdifatah Yusuf Isse—Providing Mate- group called the Hutaree, conspired to op- tigating his activities, so he traveled back to rial Support to al-Shabaab—April 2009

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.000 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15651 On February 19, 2009, Abdifatah Yusuf Isse The PRESIDING OFFICER (Mr. without the intervention of a jury . . . guilty to providing material support to al- WHITEHOUSE). The Senator from Ken- is a step towards establishing aristoc- Shabaab. tucky. racy, the most oppressive of absolute (98) Kamal Said Hassan—Providing Mate- Mr. PAUL. Mr. President, I rise to governments.’’ rial Support to al-Shabaab—February 2009 On February 19, 2009, Kamal Said Hassan support Senator FEINSTEIN’s amend- We are told we cannot do this. We pleaded guilty to providing material support ment. I compliment her on her work. I have to put these people outside the to al-Shabaab and making false statements also echo the importance of the right constitutional court, that somehow we to the FBI. to trial by jury. In fact, I am appalled need something beyond the Constitu- Mrs. FEINSTEIN. It is also impor- that anyone would think we could ar- tion, that the Constitution is not tant to understand that suspected ter- rest anyone in our country without enough to convict terrorists. Yet hun- rorists who may be in the United charging them and giving them a right dreds of terrorists have been convicted. States illegally can be detained within to a trial. It seems so fundamentally In fact, two terrorists in my little the criminal justice system using at un-American. small town, Bowling Green, KY, were least the following four options: One, I agree with her also that I think the apprehended and were tried and were they can be charged with a Federal or Supreme Court would apply this to convicted to life for terrorism. We can State crime and held; two, they can be anyone. Our amendment will say citi- do it. held for violating immigration laws; zens and permanent residents. But I We are told that only terrorists asso- three, they can be held as material wit- think the Supreme Court, if chal- ciated with al-Qaida will this be ap- nesses as part of Federal grand jury lenged, will uphold the right to trial by plied to. We will only take away the proceedings; and, four, they can be held jury of anyone within the United right to trial by jury if they are part of under section 412 of the PATRIOT Act States. al-Qaida. But part of the security appa- for up to 6 months. Today, we will either affirm the right ratus also tells us to know your neigh- I wish to be very clear about what to trial by jury or restrict it. Today, bor. Know your neighbor so you can re- this amendment is and what it is not we will vote to affirm the sixth amend- port your neighbor. about. It is not about whether citizens ment to the Constitution or we will In fact, we are told by the govern- such as Hamdi and Padilla or others spurn it. Today, we will vote to affirm ment some of the characteristics that who would do us harm should be cap- 800 years of history, beginning with the might make you a terrorist. We are tured, interrogated, incarcerated, and Magna Carta, or we will relinquish or, told by the Department of Justice that severely punished. They should be. But at the very least, diminish a right that if you have stains on your clothing, what about an innocent American? Jefferson referred to as ‘‘the only an- that if you are missing fingers, if you What about someone in the wrong chor yet imagined by man, which a have changed the color of your hair re- place at the wrong time with the wrong government can be held to the prin- cently, that if you prefer to pay in skin color? ciples of its Constitution.’’ The right to cash, that if you own weatherized am- The beauty of our Constitution is trial by jury was a check on oppressive munition, if you own multiple guns, that it gives everyone in the United government. you might be a terrorist; that your States basic due process rights to a Opponents of the right to trial by neighbor should report you. trial by a jury of their peers. That is jury will come and they will argue that Do we want to relinquish our right to what makes this Nation great. As Jus- the American homeland is now a bat- trial by jury if the characteristics of tice Sandra Day O’Connor wrote for tlefield and that we must circumscribe terrorism are wanting to pay by cash? the plurality in Hamdi v. Rumsfeld: our right to trial by jury to be safe In Missouri, they had fusion centers. from terrorists. But if we give up our They are supposed to accumulate infor- As critical as the Government’s interests rights, have not the terrorist won? If mation about terrorists and sort of as- may be in detaining those who actually pose an immediate threat to the national security we let fear relinquish our rights—if we similate Federal and local and have of the United States during ongoing inter- relinquish our rights because of fear, better communications. national conflict, history and common sense what is it exactly then we are fighting Sounds good. I am all for better com- teach us that an unchecked system of deten- for? munications. Before 9/11 we did mess tion carries the potential to become a means We are asked to relinquish our rights up. We did not communicate well. But for oppression and abuse of others who do because the battlefield is limitless. It from this fusion center comes a docu- not present that sort of threat. is, though, not a temporary suspension ment that says: Beware of people who Just think of it. If someone is of the they are asking for, and they request have bumper stickers supporting third- wrong race and they are in a place this because they also say the battle is party candidates, beware of people who where there is a terrorist attack, they also without limit. This is not a war believe in stricter immigration laws, could be picked up, they could be held that is going to end, nor is it a right beware of people who support the right without charge or trial for month after they will suspend temporarily. They to life; they might be terrorists. This is month, year after year. That is wrong. are asking people to relinquish their an official document. Do we want to Experiences over the last decade prove right to trial by jury for the rest of give up the right to trial by jury when the U.S. is safer now than before the 9/ this limitless war. we are being told someone who keeps 11 attacks. Terrorists are behind bars, Those Senators who would propose food in their basement might be a ter- dangerous plots have been thwarted. limiting the right to trial by jury, they rorist? The system is working and hopefully deflect and demur that everyone will Am I the only one who fears the re- improving each day. still have a habeas hearing. A habeas linquishing of a right we have had for So I think now is the time to clarify hearing is important. They must 800 years? Am I the only one who fears U.S. law to state unequivocally that present the body and a judge might that a terrorist might be someone the government cannot without trial say: Why are you holding this person? whom we might describe as someone or charge indefinitely detain Ameri- But it is not the end of due process; it who is a constitutionalist? This is an cans and green card holders captured is the beginning of due process. ancient right to trial by jury we have inside this country. A habeas hearing is not due process. had since virtually the beginning of The Federal Government experi- It is the beginning. We must still have our historic times. The Greeks and the mented with indefinite detention of a trial by jury or we do not have the Romans had a form of right to trial by U.S. citizens during World War II, a due process our Founding Fathers jury. mistake we now recognize as a betrayal fought for. Those Senators who would In 725 A.D., Morgan of Glamorgan, of our core values. Let’s not repeat it. abridge this and say a habeas hearing the Prince of Wales, said, ‘‘For as I urge my colleagues to support this is enough should remember Black- Christ and his Twelve Apostles were fi- amendment. stone’s admonition, ‘‘Every new tri- nally to judge the world, so human tri- I yield the floor for Senator PAUL. bunal, erected for the decision of facts bunals should be composed of twelve

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00041 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.000 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15652 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 28, 2012 wise men.’’ We have been doing this for brings Members from the right side of law procedures traditionally deemed nec- hundreds upon hundreds of years. We the aisle together with Members of the essary before depriving a person of life, lib- saw it as a way to check the oppression left side of the aisle who believe erty, or property. When a citizen was de- of the King but also to check the po- strongly in the defense of the Bill of prived of liberty because of alleged criminal conduct, those procedures typically required tential oppression of government. Rights. committal by a magistrate followed by in- England and America have for cen- Mr. President, I yield the floor. dictment and trial. turies prized this right to trial by jury. The PRESIDING OFFICER. The Sen- I understand and respect, of course, It seems a shame to scrap it now. Our ator from Utah. the fact that we live in perilous times. Mr. LEE. Mr. President, I rise today Founders believed so firmly in the We, unfortunately, as Americans have to speak in favor of the Feinstein-Lee right to trial by jury that they en- enemies not only around the world but amendment to the National Defense shrined it in the body of the Constitu- even within our own borders. This is Authorization Act. At the outset, I tion, again in this sixth amendment unfortunate. This creates challenging wish to note this amendment is the and again every State of the Union has times for us. I hope and pray every day product of bipartisan discussion and within the body of its constitution the we will be successful in fending off collaboration on an issue that is impor- right to trial by jury. those who would harm us, those who tant to all Americans. I am pleased to It seems a shame to scrap it now. hate our way of life and everything have been a part of that process. Churchill proudly remembers our joint about us and will do everything in Senator FEINSTEIN and I have worked devotion to trial by jury. He writes, their power to destroy us and our lib- closely together over the course of the ‘‘We must never cease to proclaim in erty. But that does not—it cannot, it past year to craft what we believe rep- fearless tones the great principles of will not—mean we, as Americans, resents a very prudent course in pro- freedom and the rights of man which should surrender our basic instinct to tecting both our Nation and our lib- are the joint inheritance of the be free. English-speaking world and which erties at the same time. Security is im- We must stand behind our 225-year- through the Magna Carta, the Bill of portant. And precisely because it is im- old founding document as it has been Rights, habeas corpus, trial by jury and portant it must not be acquired at the amended to ensure that our liberty the English common law find their expense of our individual liberty. It isn’t taken away from us to give us a most famous expression in the Declara- may well be said that government’s path toward providing for our security tion of Independence.’’ most important basic responsibility is without jeopardizing the freedom our Senator Lafollette, a famous Senator to protect the liberties of its citizens. American citizens cherish so much and from Wisconsin, put it well. He said: Our Nation has fought wars on Amer- have fought so hard and for so long to Let no man think that we can deny civil ican soil and around the world in de- protect. liberty to others and retain it for ourselves. fense of individual liberty, and we must Granting the U.S. Government the When zealot agents of the government arrest not sacrifice this most fundamental power to deprive its own citizens of suspected radicals without warrant, hold right in pursuit of greater security, es- life, liberty, or property without full them without prompt trial, deny them ac- pecially when we can achieve security cess to counsel and admission of bail . . . we due process of law goes against the without compromising liberty. very nature of our Nation’s great con- have shorn the Bill of Rights of its sanctity The Feinstein-Lee amendment does ... stitutional values. This amendment— precisely that. It protects liberty by the Feinstein-Lee amendment—pro- Today we have a chance to reaffirm ensuring that no American will be de- our belief in the right to trial by jury. tects those values. I urge my col- prived of due process. The fifth amend- leagues to support it. We have a chance to replace fear with ment states: confidence, confidence that no terrorist Mr. President, I yield the floor. No person . . . shall be deprived of life, lib- The PRESIDING OFFICER. The Sen- and no country will ever conquer us if erty or property, without due process of law. we remain steadfast, steadfast to the ator from Michigan. The sixth amendment, likewise, principles of our founding documents. Mr. LEVIN. Mr. President, some- guarantees that individuals accused of We have nothing to fear except our where on this desk I have a unanimous a crime will have access to an attorney own unwillingness to defend what is consent request. and access to a trial by a jury con- naturally ours, our God-given rights. Mr. President, I suggest the absence sisting of that person’s peers. Our We have nothing to fear that should of a quorum. amendment protects those rights and The PRESIDING OFFICER. The cause us to relinquish our rights as free it provides the following: clerk will call the roll. men and women. I urge my colleagues The assistant legislative clerk pro- to reject fear, to reject the siren call An authorization to use military force, a declaration of war, or any similar authority ceeded to call the roll. for an ever more powerful government. shall not authorize detention without charge Mrs. FEINSTEIN. Mr. President, I Justice White put it well when he or trial of a citizen or lawful permanent resi- ask unanimous consent that the order said: dent of the United States apprehended in the for the quorum call be rescinded. A right to jury trial is granted criminal de- United States. The PRESIDING OFFICER. Without fendants in order to prevent the oppression It is important to note the Supreme objection, it is so ordered. by the government. Court has never specifically held that Mrs. FEINSTEIN. Mr. President, I It is not just about a fair trial, it is an authorization for the use of military ask unanimous consent that Senator about checking your government. This force somehow authorizes the indefi- BAUCUS be added as a cosponsor to my vote today is about more than just nite detention of a U.S. citizen or a amendment No. 3018. combating terrorism or a fair trial, it U.S. person apprehended within the The PRESIDING OFFICER. Without is about relinquishing the right to the United States, and I don’t think we objection, it is so ordered. checks and balances, to the checks should break new ground here. I don’t Mrs. FEINSTEIN. Mr. President, I that cause and help us to check the re- think we should start opening that yield the floor, and I suggest the ab- lentless growth of government. It is precedent and suggest that is somehow sence of a quorum. about whether a free people are willing acceptable. The Constitution does, in The PRESIDING OFFICER. The to remain steadfast in our defense of an fact, require nothing less than tradi- clerk will call the roll. 800-year-old right that finds justice for tional due process for all Americans The assistant legislative clerk pro- the accused and provides restraint and apprehended within the United States. ceeded to call the roll. limits on despotism. As Supreme Court Justice Anthony Mr. LEVIN. Mr. President, I ask I hope my colleagues will today vote Scalia has written: unanimous consent that the order for against limitations on the trial by The gist of the Due Process Clause, as un- the quorum call be rescinded. jury, recognize its sanctity, and recog- derstood at the founding and since, was to The PRESIDING OFFICER. Without nize the importance of something that force the government to follow . . . common- objection, it is so ordered.

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.000 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15653 Mr. LEVIN. Mr. President, I ask and disability program that we have member that funeral. It was one of unanimous consent that it now be in for our Nation’s first responders who those days we often have in the winter order for Senator LEAHY to call up his are killed or disabled in the line of during a snowfall when there are very amendment No. 2955; that the time duty. There is nothing new to this body large snowflakes. They call them silver until 6 p.m. be equally divided in the in this amendment. dollar snowflakes, and they are very usual form; that at 6 p.m. the Senate An earlier version of this legislation large. They were falling gently out of proceed to a vote in relation to the was adopted on the Senate floor by the sky. But on the two-lane road lead- Leahy amendment No. 2955; further, voice vote in December of 2001. It was ing to this small church, a typical New that there be no amendments in order adopted as part of the FAA Air Trans- England church with a white steeple on to the Leahy amendment prior to the portation Modernization and Safety it, for miles and miles all we saw is vote. Improvement Act. In fact, following that of the snow coming down in the The PRESIDING OFFICER. Is there the Senate’s adoption of the amend- reflection. The blue lights from the po- objection? ment, I worked closely with the House lice cars were flashing, the red lights Mr. MCCAIN. Reserving the right to Judiciary chairman, the distinguished from the firetrucks were flashing, and object, but I am not objecting, I wish Member of the House, Congressman the white and red lights from the am- to engage in a colloquy with the distin- LAMAR SMITH of Texas. He and I added bulances were flashing. I have never guished chairman. additional reforms so we ended up with forgotten that. Is it our intention to continue to an improved bill. We ended up with a Today, thanks to Federal legislation, consider amendments following this modest expansion of benefits for de- if that happened again, there would at amendment, and I don’t know whether serving emergency medical responders least be benefits, as it should be. But there is a possibility of votes, but we and a host of reforms to make the Pub- this is something that could happen in certainly—isn’t it correct to say we lic Safety Officers’ Benefits Program Vermont or Rhode Island or any other could consider amendments, and we stronger, more efficient, and more State in this country. This measures will try to dispose of them given the cost-effective. contained in this amendment were limited time we have to consider the The most important thing, CBO, passed in the House overwhelmingly by bill? which initially had concern, reviewed voice vote in June of this year. It Mr. LEVIN. It would be my hope that it and found this cost nothing. The passed here on the floor of the Senate after this vote, we would be able to CBO recognized the cost savings associ- by voice vote before that. It has no clear amendments, perhaps—— ated with the reforms and efficiencies cost to the taxpayers, which is some- Mr. MCCAIN. Debate. that we incorporated and determined thing Chairman SMITH and I worked on Mr. LEVIN. And to have the Senators that the modest expansion of benefits together to ensure. I hope it will pass debate amendments. was fully offset by these reforms. What and at 6 o’clock we vote on it. I know Senator COBURN will be here we are saying, since 1974, this country between now and 6 o’clock to debate I reserve the balance of my time and has recognized that we have first re- I suggest the absence of a quorum and the Leahy amendment. We don’t need sponders who are killed and disabled in to protect him further since the time is ask that time be equally divided during the line of duty whose families deserve the call of the quorum. equally divided, and he can have part our help. This bipartisan legislation of the half hour of time. does that. The PRESIDING OFFICER. The But it is my hope that people who We have determined that a police of- clerk will call the roll. want to dispose of amendments will ficer who is shot in the line of duty, a The assistant legislative clerk pro- come after the 6 o’clock vote and bring first responder, a firefighter, an emer- ceeded to call the roll. these amendments to our attention, gency medical responder and others Ms. COLLINS. Mr. President, I ask see if our staffs can make progress, who are killed in the line of duty, died unanimous consent that the order for clear amendments, and maybe package as a result of their work in the line of the quorum call be rescinded. some votes for tomorrow morning. We duty, that they would have and share The PRESIDING OFFICER. Without can make progress after this vote if our in the same benefit we have provided objection, it is so ordered. colleagues will cooperate with us. for the whole country. This clarifies Ms. COLLINS. Mr. President, I ask Mr. MCCAIN. I thank my friend, and the policy for all first responders who unanimous consent that Senator I do not object. serve their communities in an official DEMINT be added as a cosponsor of the The PRESIDING OFFICER. Without capacity. objection, it is so ordered. amendment entitled ‘‘Feinstein-Collins It is hard to think of anybody who amendment No. 3018.’’ AMENDMENT NO. 2955 could possibly disagree with this The PRESIDING OFFICER. Without (Purpose: To improve the Public Safety amendment. It costs taxpayers noth- Officers’ Benefits Program) ing. It builds upon and improves what objection, it is so ordered. Mr. LEAHY. Mr. President, I call up we have always done. Ms. COLLINS. Mr. President, I rise amendment No. 2955. Let me tell a story. Before we had to speak in support of the amendment The PRESIDING OFFICER. Without this act, before we had this law, when offered by Senator FEINSTEIN. The pur- objection, the pending amendment is I was a young State’s attorney, the po- pose of our amendment is to make set aside. lice chief in Manchester, VT, respond- clear that a U.S. citizen or legal per- The clerk will report. ing to a burglary, was shot and killed. manent resident arrested in this coun- The assistant legislative clerk read He was a man, the sole support of his try cannot be detained indefinitely as follows: wife and his aging mother. It turned without charge or trial. This amend- The Senator from Vermont [Mr. LEAHY] out there was no program at that time, ment is necessary because current law proposes an amendment numbered 2955. no assistance from the state or Federal with respect to the indefinite detention Mr. LEAHY. I ask unanimous con- Government. This was prior to 1974, of U.S. citizens within the United sent that the reading of the amend- 1976, and there was no program to care States remains unclear after more than ment be dispensed with. for them, to care for the widow. There- 11 years of a persistent conflict in The PRESIDING OFFICER. Without fore, there was not even money to pay which the enemy often does not distin- objection, it is so ordered. for his funeral. guish itself from civilians. (The amendment is printed in today’s I was president of the Vermont Without this amendment, it is con- RECORD under ‘‘Text of Amendments.’’) State’s attorneys association at the ceivable that an American citizen Mr. LEAHY. Mr. President, this is time, and I started making calls could be arrested, detained, and held actually a simple amendment. It around the State. We quickly raised without charge or trial in order to ad- strengthens the Public Safety Officers’ the money for his funeral and for some dress the gap in the law. Our amend- Benefits Act. That is the Federal death modest help for his family. I still re- ment is necessary.

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00043 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.000 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15654 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 28, 2012 Last year the fiscal year 2012 Na- circumstances, to engage in a limited in debt—because we are doing a func- tional Defense Authorization Act de- and focused unwarned interrogation tion that is truly the responsibility of fined the scope of the detention author- and allows the government to intro- the States. ity provided under the 2001 Authoriza- duce the statement as direct evidence The PSOB Program was originally tion for Use of Military Force for de- in a judicial proceeding. Law enforce- designed, in its original design, to be a tainees captured outside the United ment officials, confronted with an model so that the States would set up States. But the scope of detention au- emergency, may question a suspect and demonstrate to them how they thority, as it relates to U.S. citizens held in custody about an imminent could structurally set up their own and lawful residents captured or ar- threat to public safety without pro- programs. Over the last 30 years, Con- rested inside the United States, was viding Miranda warnings first. gress has continued to expand this pro- left nebulous. In addition, nothing precludes other gram, and now we spend about $81 mil- Because of this legal ambiguity, de- Federal agents from gathering intel- lion to $85 million a year on this pro- spite the guarantees enshrined in our ligence without providing Miranda gram. I am not saying it is not needed Constitution, an American citizen rights. Under current law, a U.S. cit- money for the families, but we are could be indefinitely detained without izen cannot be tried in a military tri- going to expand a program that is charge or trial, even if they are de- bunal, and that does not change under truly not a Federal responsibility. tained in the United States. our amendment. I have no hopes this will be defeated. I do not believe that many of us in- Finally, this amendment does not I know it won’t. But I wanted to raise tended to authorize such a sweeping de- change the treatment of those who are this question: Given what is in front of tention authority within the United here on temporary visas, such as stu- us, it is one thing to meet the needs States when we voted to allow our dents or travelers—the kind of visas under our Federal requirements for military to pursue al-Qaida following that were used by the 9/11 terrorists. Medicare and Medicaid, but when are the 9/11 attacks. In closing, let me talk about how this we going to stop expanding programs Because Congress was responsible for amendment would have changed the that aren’t truly our responsibility? authorizing the use of military force in treatment of some U.S. citizens de- The cause is great. It is appropriate for the first place, it is our duty, our obli- tained under the authorization for use a government agency to help in times gation, to define carefully the scope of of military courts during the last 11 for the people who actually put their the detention authority we intended in years had it become law. lives on the line for us. But is it a Fed- the AUMF. If we do not clarify this im- First, because this amendment only eral responsibility? The answer is no, it portant issue, the Federal courts and covers American citizens captured in is not. It is a State responsibility. As the executive branch will be left to the United States, it would not have we assume more and more responsibil- substitute their judgment for ours. affected the detention of John Walker ities for the States, with budget defi- This amendment specifically addresses Lindh, for example. So the only U.S. cits in excess of $1 trillion, what we are the issue of American citizens and law- citizen affected by this amendment going to do is find ourselves at a point ful permanent residents detained in the would have been Jose Padilla. If this where we are going to have to make United States, and it would clarify amendment were the law, Jose cuts in programs that are our responsi- that it is not the intention of the Con- Padilla’s detention would have ended bility. gress to allow for their indefinite de- as it did under the Bush administra- All I ask you to do is think about tention. tion—in a Federal courtroom, where he whether this is truly a responsibility of Let me briefly mention what the was charged with aiding terrorists in a the Federal Government and whether Feinstein-Collins amendment does not terrorist organization. we ought to be expanding the program. do. Since 2001 terrorism has claimed far It is well-intentioned and does great First, it does not change the ruling too many victims, both abroad and work, I don’t discount that. It is well- in Hamdi v. Rumsfeld. In that case, the here in our country. But it is crucially deserved, I don’t discount that. But is Supreme Court ruled that an American important that in pursuing the war on it a responsibility of the Federal Gov- citizen who wages war against U.S. terrorism, we must assure our fellow ernment? troops in an active combat zone can be citizens their constitutional rights— I would state to the chairman that I taken into preventive detention in the very foundation of what makes us would be happy to have a voice vote on order to keep that person from con- Americans. For this reason, I am proud this and not force a vote because I tinuing to wage war overseas against to be a cosponsor of Senator FEIN- know the outcome and we shouldn’t American military forces. STEIN’s amendment, and I strongly waste everybody’s time to do that. So When an American citizen leaves this urge its adoption. I ask for a voice vote and to vitiate the country to wage war against his fellow The PRESIDING OFFICER. The Sen- vote that is scheduled for 6 o’clock. citizens, he relinquishes certain rights, ator from Oklahoma. The PRESIDING OFFICER. Is there otherwise supported by the Constitu- AMENDMENT NO. 2955 objection to that request? tion, and I agree with the Court’s deci- Mr. COBURN. Mr. President, I would Mr. LEVIN. Mr. President, I am not sion in this case. like to spend a few minutes noting why sure what that request was. Next, this amendment does not pre- I am against the expansion of the Dale The PRESIDING OFFICER. The re- clude intelligence gathering subse- Long Public Safety Officers’ Benefits quest was for a voice vote on the Leahy quent to a suspected terrorist being Improvements Act. And it is a great amendment now. taken into detention. example of where we find ourselves in The Senator from Arizona. The intelligence gathered from a sus- the country. If you read the Constitu- Mr. MCCAIN. Mr. President, I will be pect in the hours or days after his ar- tion and look at the enumerated pow- asking for the yeas and nays at the ap- rest can be vital to preventing further ers, we have a Federal program to ben- propriate time. acts of violence or in uncovering ter- efit what is really the responsibility of The PRESIDING OFFICER. Objec- rorist networks at home or abroad. States. Now, nobody is going to say tion is heard. This amendment balances the ability this isn’t a beneficial program to those The Senator from Vermont. to gather this important information poor families who might need this. And Mr. LEAHY. Mr. President, it is my with the suspect’s rights by providing the chairman of the Judiciary Com- understanding that we will be voting at some flexibility within the Constitu- mittee has done a wonderful job in 6 p.m. Is that correct? tion’s bounds. terms of offsetting this so that there is The PRESIDING OFFICER. The Sen- For example, it does not cir- no additional cost, and for that I con- ator is correct. cumscribe the existing public safety gratulate him. But this is a great ex- Mr. LEAHY. And as I understand, the exception to Miranda. This exception ample of why we have $88 trillion in managers will be requesting a rollcall permits law enforcement, in certain unfunded liabilities and are $16 trillion vote.

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.000 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15655 Mr. President, how much time does served as a volunteer firefighter or AMERICAN AMBULANCE ASSOCIATION, the Senator from Vermont have re- emergency medical responder, anybody November 27, 2012. maining? in any part of this country who serves Hon. CARL LEVIN, The PRESIDING OFFICER. The Sen- in these capacities knows the need for Chairman, Committee on Armed Services, U.S. ator has 7 minutes remaining. this. The fact that we have been able to Senate, Washington, DC. Mr. LEAHY. Mr. President, the dis- Hon. JOHN MCCAIN, improve the existing law, with no cost Ranking Member, Committee on Armed Services, tinguished gentleman from Oklahoma to the taxpayer, is even better. has noted his objection, and I appre- U.S. Senate, Washington, DC. Mr. President, I ask unanimous con- DEAR CHAIRMAN LEVIN AND RANKING MEM- ciate him doing that, but I would also BER MCCAIN: We are writing to ask your sup- note that we share different views on sent to have printed in the RECORD let- port for a critical amendment to the FY 13 this. For example, the Senator from ters from the Congressional Fire Serv- National Defense Authorization Act (NDAA) Oklahoma was the lone vote opposing ices Institute, International Associa- Senate Amendment 2955, the Dale Long Pub- the Bulletproof Vest Partnership Grant tion of Fire Chiefs, International Asso- lic Safety Officers’ Benefits Improvements Act of 2012. The Bulletproof Vest Part- ciation of Fire Fighters, National Fire Act of 2012. The American Ambulance Association nership Grant Program has saved the Protection Association, National Vol- (AAA) is the primary trade association for lives of hundreds and even thousands of unteer Fire Council, and the American ground ambulance service agencies whose our police officers. He opposes the Pub- Ambulance Association in support of combined membership provides emergency lic Safety Officers’ Benefits Act, which this legislation. and non-emergency medical services to over provides a Federal death benefit to sur- 75% of the U.S. population. Each day our viving families of first responders who There being no objection, the mate- first responders put their lives on the line to are killed in the line of duty. And he is rial was ordered to be printed in the serve our nation, yet they face an inequity objecting to the passage of the bipar- RECORD, as follows: in the existing Public Safety Officer Benefits NOVEMBER 28, 2012. Program, a longstanding Federal program tisan, bicameral, and cost-neutral Pub- designed to help honor those that lose their lic Safety Officers’ Benefits Improve- Hon. PATRICK LEAHY, Chairman, Senate Committee on the Judiciary, lives in the line of duty. ments Act of 2012, which would make In order to fix this inequity, we strongly Washington, DC. important reforms to a program that urge you to support Senate Amendment 2955. has assisted the families of thousands DEAR CHAIRMAN LEAHY: We are writing to The amendment includes critical improve- of police officers and other first re- express support for S.A. 2955, which would ments to the Public Safety Officers’ Benefits sponders who have lost their lives pro- amend S. 3254, the National Defense Author- Program, also known as the Dale Long Pub- tecting their communities and fellow ization Act to include language from the lic Safety Officers’ Benefits Improvements Public Safety Officers’ Benefits Improve- Act of 2012. This amendment would make citizens. ments Act (PSOBIA). As you know, the Pub- members of rescue squads or ambulance During the months when we were try- lic Safety Officers’ Benefits (PSOB) program crews operated by nonprofit entities eligible ing to pass the Public Safety Officers’ provides critical assistance to the families of for benefits paid when a public safety offi- Benefits legislation, we heard from public safety officers who suffer a fatal in- cers is permanently disabled or dies in the Chuck Canterbury, the highly re- jury in the line of duty and to public safety line of duty. The amendment also includes a spected president of the Fraternal officers who suffer a permanently disabling host of important reforms to the program in- Order of Police. He is one of our Na- injury in the line of duty. cluding the reduction of claims processing tion’s law enforcement leaders. He and administrative to name a few. Just as PSOBIA would make several important importantly, the Congressional Budget Of- wrote to the chairs of both the Senate changes to how PSOB is administered, in- fice has provided a neutral score on the issue and House Judiciary Committees about cluding making employees and volunteer Every state in the country has commu- the distinguished Senator’s opposition members of private, non-profit EMS/rescue nities that have elected to have their emer- to this cost-neutral Public Safety Offi- agencies eligible. Volunteer and career fire- gency medical services provided by non- cers’ Benefits Program reform, and he fighters and EMTs in private, non-profit fire governmental EMS agencies. The Public concluded: departments already qualify for PSOB while Safety Officer Benefit (PSOB) program, how- ever, currently applies only to those public The FOP views this not as a politician em- their counterparts in non-fire-based, private safety officers employed by a federal, state, bracing the principle of federalism, but as a non-profit EMS systems generally do not. or local government entity. The brave men . . . ploy to place even greater strain be- PSOBIA fixes this inequity. and women employed by nongovernmental tween law enforcement and other public The bill also clarifies that public safety of- EMS agencies provide the same vital emer- safety officers that serve on the local and ficers who suffer a fatal vascular rupture in- gency medical services as governmental offi- State level and their colleagues employed by jury in the line of duty are eligible for PSOB. cers and do so daily in the same dangerous the Federal government. When a police offi- The Hometown Heroes Survivors Benefits environments. It is unfair to penalize non- cer puts himself in harm’s way, he does not Act was enacted in 2003 and created a pre- governmental public safety officers and their stop to think about jurisdiction. He does not sumption that public safety officers who suf- families simply because their employer is a ask the offender if he is committing a local, fer a fatal heart attack or stroke within 24 non-profit EMS agency which cannot afford State, or Federal crime. He acts in the best hours of engaging in emergency response ac- to offer the same level of benefits as the interest of the safety of those he swore to tivity are considered to have died as a result PSOB program. This amendment would cor- protect. A family that loses a loved one in rect this inequity. the line of duty should not just be left adrift, of a line of duty injury and thus qualify for PSOB. Vascular rupture is a type of injury We thank you for all your years of service their sacrifice ignored because their loved to our country and to the support you’ve one was a local firefighter or State Trooper that is similar to but technically distinct from heart attack and stroke. provided to the nation’s first responders. and not a Federal agent. Again, we urge you to support Senate I hope the Senate will overwhelm- To reiterate, our organizations support Amendment 2955 as you move forward on the ingly pass this bipartisan piece of leg- S.A. 2955, which makes several minor but ex- NDAA bill. If you have any questions, please islation. We have always supported our tremely important changes to how the PSOB do not hesitate to contact Tristan North of first responders. I think back to my program operates without any additional the AAA at [email protected] or 202–486– cost to the federal government. own experience in law enforcement and 4888. Sincerely, Thank you. also the experience of former Senator CONGRESSIONAL FIRE Sincerely, Ben Nighthorse Campbell from Colo- SERVICES INSTITUTE, STEVE WILLIAMSON, rado, who I joined to write legislation, INTERNATIONAL President, based upon his experience in the sher- ASSOCIATION OF FIRE American Ambulance Association. iff’s department in Colorado, and my CHIEFS, The PRESIDING OFFICER. The Sen- INTERNATIONAL experience as a prosecutor, to provide ator from Alabama. ASSOCIATION OF FIRE assistance to state and local law en- Mr. SESSIONS. Mr. President, I ask FIGHTERS forcement to obtain bulletproof vests. NATIONAL FIRE PROTECTION to call up amendments Nos. 3007, 3008, The amendment we consider today is in ASSOCIATION 3009, 3010, and 3013. that same spirit. Anybody who served NATIONAL VOLUNTEER FIRE The PRESIDING OFFICER. Is there in law enforcement, anybody who COUNCIL. objection?

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Mr. SESSIONS. And No. 3011. Senator MCCAIN’s support and consent, Mr. LEVIN. I suggest the absence of Mr. LEVIN. I object. I would like to let our colleagues know a quorum. The PRESIDING OFFICER. Objec- we will be here after this vote. That The PRESIDING OFFICER. The tion is heard. doesn’t mean there will be any addi- clerk will call the roll. The Senator from Indiana. tional votes tonight. That is not up to The bill clerk proceeded to call the Mr. COATS. Mr. President, I was lis- us to decide; that is the leadership call. roll. tening to the dialog here that was But we will be here to try to clear Mr. LEVIN. Mr. President, I ask going back and forth. amendments for either voice votes or unanimous consent that the order for The PRESIDING OFFICER. The Re- for votes tomorrow if there are no roll- the quorum call be rescinded. publican time has expired under the call votes today or for debate. Senator The PRESIDING OFFICER. Without current order. MCCAIN and I are prepared to stay here objection, it is so ordered. Mr. MCCAIN. Mr. President, I ask to receive the amendments people want Mr. LEVIN. I have been talking now unanimous consent for 2 additional to discuss and to see if we can’t get with Senator MCCAIN. This is what our minutes for the Senator from Indiana. some of them cleared and perhaps plan is for tonight and for the morning. The PRESIDING OFFICER. Is there voice-voted tonight. In the morning, we would hope we objection? Mr. MCCAIN. I yield all remaining would be able—we would first hope to Without objection, it is so ordered. time. address the Kyl amendment. We would Mr. COATS. Mr. President, I just Mr. LEVIN. I ask for the yeas and hope to take up and dispose of the Kyl wanted to comment that I was listen- nays. amendment first thing in the morning. ing to the discussion going on here The PRESIDING OFFICER. Is there a We would then expect to move to about the Leahy amendment. sufficient second? Senator AYOTTE’s amendment, to I don’t know what the history of all There appears to be a sufficient sec- which there may or may not be a sec- this is, but I simply want to say that I ond. ond-degree or a side-by-side amend- think the Senator from Oklahoma The question is on agreeing to the ment offered. After that matter is dis- asked a very legitimate question that amendment. posed of, we would expect then to move we all ought to consider; that is, Is this The clerk will call the roll. to a Hagan amendment. And, in be- legitimately a Federal responsibility? The bill clerk called the roll. tween, it is our intent to offer cleared Given the fiscal plight that we are in Mr. DURBIN. I announce that the amendments. and careening toward the cliff, do we Senator from New Mexico (Mr. BINGA- I will let Senator MCCAIN join me on want to keep expanding Federal pro- MAN), and the Senator from Oregon this. But these are amendments which grams? But in deference to his col- (Mr. WYDEN) are necessarily absent. have been cleared. People will have a leagues and the timeframe here, he Mr. KYL. The following Senators are chance overnight to look at them and said he understands that it will be a necessarily absent: the Senator from see if there is any reason that they virtually unanimous vote despite his Illinois (Mr. KIRK), and the Senator want rollcall votes or voice votes on question, which is legitimate and I from Kentucky (Mr. PAUL). these. If there are, we expect they are think we all ought to consider. But The PRESIDING OFFICER. (Mr. going to have to come down, object, that was rejected. And then the re- BENNET). Are there any other Senators and vote on those matters. But our sponse to somebody who I think was in the Chamber desiring to vote? staff works hard. We work with the trying to be deferential to the Senator The result was announced—yeas 85, committees of jurisdiction, we work from Vermont and his proposals sort of nays 11, as follows: with people we believe have any inter- is put in a position where it looks as [Rollcall Vote No. 207 Leg.] est in these amendments. We have per- though he is not trying to be conscious YEAS—85 haps 50 or 100 amendments which we of the situation that exists. Akaka Grassley Nelson (NE) are looking at. I think he asked a legitimate ques- Alexander Hagan Nelson (FL) We want to accommodate Senators. tion to which all of us, given our cur- Ayotte Harkin Portman We also want to accommodate poten- rent fiscal situation, ought to give due Barrasso Hatch Pryor tial opponents. We have done our best consideration. Baucus Heller Reed Begich Hoeven to do both, sponsors and opponents. I thank the Senator from Arizona. Reid Bennet Hutchison Risch But that is our plan for tonight and for The PRESIDING OFFICER. The Sen- Blumenthal Inouye Roberts Blunt Isakson tomorrow morning. We expect we ator from Vermont. Rockefeller Boozman Johanns AGAN Mr. LEAHY. Mr. President, I would Rubio would then ask Senator H to be Boxer Johnson (SD) recognized tonight to speak on an note that this is a very modest expan- Brown (MA) Kerry Sanders sion of benefits for emergency medical Brown (OH) Klobuchar Schumer amendment, not to call it up but to technicians who serve at the direction Burr Kohl Sessions speak on an amendment that she would Cantwell Landrieu Shaheen be offering tomorrow in the queue of a state emergency response system, Shelby Cardin Lautenberg which I just described. and is entirely offset by other provi- Carper Leahy Snowe sions in the amendment. It simply re- Casey Levin Stabenow The PRESIDING OFFICER. The Sen- forms and improves what is already Chambliss Lieberman Tester ator from Arizona. Cochran Lugar Thune law and adds no cost—no Federal cost. Mr. MCCAIN. Mr. President, I thank Collins Manchin Toomey the distinguished chairman. I think we And if I could have the attention of Conrad McCaskill Udall (CO) the Senator from Indiana, this is less Coons McConnell Udall (NM) have made reasonably good progress Crapo Menendez Vitter today. I think we have disposed of a an expansion than a correction to a gap Durbin Merkley in the existing law. It is a reform of Warner number of important amendments. We Enzi Mikulski Webb Feinstein still have a number of issues, particu- programs we have, and it is of no cost Moran Whitehouse Franken Murkowski larly the detainee issue, which will to the Federal taxpayers. Wicker I see the Senator from Arizona on the Gillibrand Murray probably require that we have a num- floor. I am perfectly willing to yield NAYS—11 ber of speakers. But also I hope we back my time and go to vote if he wish- Coats DeMint Kyl could reach a time limit on that. es. Coburn Graham Lee The Senator mentioned that there Corker Inhofe McCain may be possibly a side-by-side or a sec- Mr. MCCAIN. I thank the chairman. Cornyn Johnson (WI) The PRESIDING OFFICER. The Sen- ond-degree amendment to the Ayotte ator from Michigan. NOT VOTING—4 amendment. But I think the chairman Mr. LEVIN. Mr. President, two Bingaman Paul would agree, we have made pretty good things. Kirk Wyden progress. We have still got quite a long No. 1, we are going to proceed to the The amendment (No. 2955) was agreed way to go. We have a full day tomor- rollcall vote in a moment, and with to. row. Hopefully we can get it down to a

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00046 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.000 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15657 bare minimum of amendments so we curtail training and less urgent oper- of biofuels for operations until they are can finish. ations resulting in increased risk to fu- cost competitive with traditional fuels. I thank all of our colleagues for their ture missions. Developing a commer- The MOU is bringing the cost of cooperation. We thank the Senator cially viable biofuels industry could biofuels in line with petroleum, and from North Carolina for discussing her help DOD diversify its fuel source and now is not the time to stop the pro- amendment this evening. reduce the risk of energy volatility. gram from reaching its goals. Mr. LEVIN. There will be no more Our senior military leaders under- As I mentioned earlier, diversifying votes tonight. After Senator HAGAN’s stand that programs such as this MOU our energy mix will also help protect remarks are completed, I ask unani- are critical to national security. In our military from the costs associated mous consent that there be a period of July, the Secretary of the Navy, the with price spikes in oil. Sudden energy morning business with Senators per- Chief of Naval Operations, and the Ma- cost increases force DOD to reallocate mitted to speak for up to 10 minutes rine Corps Commandant expressed finite resources away from long-term each. their concern to Chairman LEVIN. priorities. The PRESIDING OFFICER. Without Critics of the MOU often say if the The demand for fuel in theater means we government wants to promote ad- objection, it is so ordered. depend on vulnerable supply lines, the pro- The Senator from North Carolina. tection of which puts lives at risk. Our po- vanced biofuels, we have a Department Mrs. HAGAN. Mr. President, Mr. tential adversaries both on land and at sea of Energy. Of course, the Department President, I wish to call up amendment understand this critical vulnerability and of Energy has an important role to No.—— seek to exploit it. play, but so does the Navy and the De- Mr. LEVIN. Forgive the interruption The Navy and the Marine Corps have partment of Agriculture. From my per- again, Mr. President. I hate to inter- been aggressively evaluating how both spective, leveraging the unique capa- rupt. There will be no amendments energy efficiency and alternative bilities of each agency, in partnership called up tonight. The expectation is sources of energy can provide tactical with the private sector, exemplifies the type of innovative approach needed to that you would be recognized tomorrow benefits to expeditionary forces. solve our country’s most vexing prob- in that queue to call up the amend- Given the impact of this MOU to our national security, I was disappointed lems. ment, but that tonight you proceed Looking back in history, the Navy’s when the Senate Armed Services Com- without calling the amendment up, leadership on energy innovation is mittee marked up the fiscal year 2013 holding that off until tomorrow. nothing new. It was the Navy that Mrs. HAGAN. Mr. President, I wish Defense authorization bill and an shifted from sail to steam in the mid- to speak about an amendment I am amendment was adopted that would dle of the 19th century, steam to oil in going to call up tomorrow, amendment prevent the Defense Department from the early 20th century, and pioneered No. 3995. I believe it is critical, this participating further in the MOU. The nuclear power in the middle of the 20th amendment to our long-term national bipartisan amendment that I offer century. At each of these transitions, security. In August of 2011, the Secre- today seeks to strike that measure. there were those who questioned the taries of the Departments of Agri- I believe Senators on both sides of need, challenged the cost, or simply op- culture, Energy, and the Navy signed a the aisle agree that energy security is posed change of any kind. memorandum of understanding to in- a national security imperative. I want to make clear that today’s de- vest $170 million each to spur the pro- However, there are honest disagree- bate is not about oil versus biofuels. I duction of advanced aviation and ma- ments over how the United States pur- was very pleased with the recent Inter- rine biofuels under the Defense Produc- sues energy independence. These diver- national Energy Agency report that tion Act. gent views are reflected in the debate projected that the United States would This joint memorandum of under- over the joint MOU. be the world’s top oil producer by 2020 standing requires substantial cost One argument used by opponents of and a net exporter of oil around 2030. sharing from private industry of at the MOU is budget related. Given the However, this does not mean we should least a 1-to-1 match. The main objec- current budget restraints, the Depart- abandon efforts to diversify our energy tive of this memorandum of under- ment of Defense should not be spending supply. standing is to spur the construction or resources to help spur a commercially In 1913, on the eve of World War I, retrofit of commercial scale advanced viable advanced biofuels industry. It is Winston Churchill made a historic de- biofuel refineries. These facilities will important to put in context the cision to shift the power source for the produce drop-in advanced biofuels amount of money the Navy is spending British Navy ships from coal to oil. meeting military specifications. They on this program. The $170 million dedi- This decision was not without con- will be located in geographically di- cated to the MOU in one fiscal year troversy, but Churchill successfully ar- verse locations for ready market ac- represents .03 percent of the entire fis- gued that safety and certainty in oil cess, and will have no significant im- cal year 2013 budget request of the De- lies in ‘‘variety and variety alone.’’ pact on the supply of agricultural com- partment of Defense. Let me repeat Although at the time Churchill was modities for the production of food. that. It is .03 percent. talking about oil, his message is just as As the largest single consumer of fuel This is not to dismiss concerns about applicable to today’s debate about in the world, the Department of De- our current budget situation. I too am biofuels. True energy security requires fense uses approximately 120 million deeply concerned about our country’s energy diversity. barrels of oil each year, spending over fiscal path, and I continue to advocate I urge my colleagues at a later date— $17 billion in fiscal year 2011 on fuel. for Congress to put politics aside and tomorrow—to support this amendment. Mr. President, I yield the floor, and I This dependency on a single source of remake the tough choices necessary to suggest the absence of a quorum. energy leaves our military’s readiness ensure future generations are not bur- The PRESIDING OFFICER (Mr. at risk. dened by unsustainable debt. However, BEGICH). The clerk will call the roll. When the price of oil goes up $1, it as we tackle our budgetary challenges, The legislative clerk proceeded to costs the Navy an additional $30 mil- we must not harm programs important read as follows. lion and the entire Department of De- to our national and economic security. Mr. MORAN. Mr. President, I ask fense over $100 million. Last year This joint MOU is one such program. unanimous consent the quorum call be alone, this forced the Navy to pay an What about the cost of advanced rescinded. additional $500 million because the biofuels? In the past 2 years, the cost of The PRESIDING OFFICER. Without price of fuel was higher than budgeted. biofuels purchased for these 50–50 fuel objection, it is so ordered. DOD is not going to allow these addi- blends used in Navy training exercises Mr. MORAN. Mr. President, even in tional fuel costs to directly affect our has dropped by over 50 percent. More- this dysfunctional Senate, we as Mem- missions in Afghanistan. However, cost over, the Navy has made clear that bers, we as Senators have a unique op- overruns could force the military to they will not procure large quantities portunity to be advocates for those

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I have Nearly 3 years ago, December 3, 2009, 3-year anniversary—Senator CARDIN been an advocate for Kansas and Amer- Alan was arrested in Havana where he and I will introduce a resolution call- ican farmers having the opportunity to had been working as a U.S. Govern- ing for the immediate and uncondi- sell their agricultural commodities to ment subcontractor that had a con- tional release of Mr. Gross. I ask my Cuba. I have always believed that in- tract for USAID, an agency whose mis- colleagues to join us in supporting this creased engagement with Cuba is a bet- sion is to help those in need. As a resolution to help send the clear mes- ter way to bring about the changes USAID subcontractor, Alan had made sage to Cuba that even those of us who that we all desire for the Cuban people. five trips to Cuba where he helped a want a better relationship, even those Additionally, I thought that our pol- small, peaceful, nondissident Cuban of us who have been willing to cast the icy toward Cuba was especially dam- Jewish community. He was arrested. votes to increase that opportunity for aging and created a significant dis- He was detained without charges for 14 a relationship between the United advantage to Kansas farmers and their months. Later, he had a 2-day trial re- States and Cuba, want Alan Gross to competition for markets around the sulting in a 15-year prison sentence for come home. It is my hope the Cuban globe, and it was ineffective because it alleged ‘‘actions against the independ- Government will reverse course and was a unilateral embargo. The market ence or territorial integrity of the that Alan can finally come home to his and demand for American commodities State.’’ wife Judy and to their family. do exist off our coastline, and yet Con- Since his arrest, now a long time ago, I ask my colleagues to join me in gress and administrations over the his detention so long ago, Alan’s health that effort and perhaps, more impor- years have failed to make it possible has deteriorated. He has lost more than tantly, I ask Americans to join us in for there to be much sale or much rela- 100 pounds and suffers from several de- the prayer for Alan’s release. tionship, commercial relationship, bilitating medical conditions. During I yield the floor. with the people of Cuba. his imprisonment, several members of For more than a decade I have his family have faced serious illness. f worked to open those Cuban markets His daughter has been diagnosed with TRIBUTE TO BAILEY FINE to American agriculture. In 2000 I of- breast cancer, and his 90-year-old fered an amendment to the Treasury mother has been diagnosed with inop- Mr. CARDIN. Mr. President, I rise appropriations bill when I was in the erable cancer. today to recognize and give thanks to House of Representatives that removed In light of Alan’s continued deten- my State director, Bailey Fine, who is those trade sanctions on food, agri- tion, deterioration of his health, and retiring at the end of the 112th Con- culture, commodities, and medicine. It the health problems experienced by his gress after 27 years of devoted service. paved the way for American farmers to family, 42 of my colleagues joined me There is great sadness but deep appre- sell their crops to Cuba for the first and Senator CARDIN earlier this year ciation as I say goodbye to Bailey who, time in more than 40 years. calling on the Cuban Government to in 1982, ran my reelection campaign to The language of that amendment ul- release Alan on humanitarian grounds the Maryland House of Delegates; then timately became part of legislation and allow him to return to his family served as my campaign aide during my called the Trade Sanctions Reform and in the United States. In recent news— first congressional race in 1986; as my Export Enhancement Act, TSRA. Over in fact, just yesterday—I learned from district director for 20 years; and, fi- the years, administrations have made a press report that Cuba planned to nally, as my State director during my changes that have tightened the rules make an announcement regarding Alan first term in the Senate. under that legislation and made it, Gross. It fueled hope on the part of Over the years, Bailey has been a again, difficult for our farmers to sell many of us that the announcement friend to my entire family, a trusted agricultural commodities to Cuba. On would be that he would be released. confidant, a reliable sounding board for multiple occasions I have fought to re- Sadly, unfortunately, today the an- my legislative district and statewide verse those decisions, those new rules nouncement was nothing other than agendas. For more than three decades I by administrations, to make it easier their assessment, Cuban assessment, have been truly fortunate to have her for us to sell those commodities. We that Alan is in good health. at my side, providing knowledgeable are not even talking about trade; we I asked my staff and others who advice and a commonsense approach to are simply talking about the sale for know me and know about this issue to the many issues that face Members of cash of those commodities. say their prayers last night that the re- the House and Senate. In fact, we went through this last lease would occur. Once again, Cuba Bailey is a people person who under- year as I offered an amendment to an has failed to do what is right and prop- stands how our work in Washington af- appropriations bill that was approved er. It is unclear whether their claim fects the everyday lives of Maryland- by the Appropriations Committee to that Alan Gross is in good health is ers, and she regularly reminds my staff change those regulations. I say all that true. Certainly, many reports indicate and me of that fact. Bailey’s knowledge because I want to highlight how impor- that is not the case. He has never been of Baltimore and of Maryland is unpar- tant and how long term my interest in examined by an independent medical alleled. She grew up in Northern Vir- this issue has been, but that is not the examiner, something that is required ginia but settled in Baltimore in 1970 point of what I want to talk about to- by international law. where she worked first for the Housing night. I want to establish that this It is past time for Cuba to release Commissioner and later for the late matters. But even despite the fact that Alan and allow him to return to his Mayor William Donald Schaeffer. it matters, I have taken a hiatus, in family. Failure to do so makes any im- During her years handling special fact, and announced to the Appropria- provement in the relationship between projects for the mayor, Bailey devel- tions Committee this year that I would our two countries so much more dif- oped a deep love for Baltimore City and not be offering that amendment again. ficult and highly unlikely. I think that a true understanding of how Baltimore It is not that I have changed my would benefit the people of Cuba, but works. Bailey became a creative genius mind about the value of engagement or their government continues to take an at promoting and highlighting the the importance for Kansas and Amer- unjust course. Alan should be released many achievements of the city under ican farmers to be able to sell their and Cuba should do the right thing. Mr. Mayor Schaeffer. Before Mayor Schaef- commodities to Cuba, but it is a sin- Gross devoted his professional life to fer left city hall, he nominated Bailey cere recognition on my part that the helping others through his work in to serve as president of the Baltimore Cuban Government has a responsibility international development. He and his City school board. In that role, she

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helped parents navigate the school bu- greatest deliberative body. In fact, we jority. The RECORD is already chock reaucracy, suggested workable solu- barely deliberate at all. full with their past remarks, fervent in tions for teachers, and brought a com- For most of our history, the fili- their support for changing the rules monsense approach to the Baltimore buster was used very sparingly. But in with a simple majority vote. City school system. recent years, what was rare has become This reminds me of a story my Uncle But Bailey’s knowledge and expertise routine. The exception has become the Mo used to tell. A former Senator once goes beyond how government works. norm. Everything is filibustered, every said of himself that ‘‘never has the She has her pulse on Baltimore and on procedural step of the way, with para- clammy hand of consistency rested Maryland. She knows the key players lyzing effect. The Senate was meant to upon my shoulder.’’ He meant it too. in the city and the State, many of cool the process, not send it into a deep On one occasion, he introduced a bill, them on a personal level. For many freeze. and he pushed very hard for it. Then, years Bailey has been the go-to person For some reason, ever since the seeing the tide was turning, he led the when people need to get things done. Democratic majority came into the fight against his own bill. A con- Without a doubt, Bailey has been an upper Chamber in 2007, the Senates of stituent sent him a telegram that read invaluable resource to my entire staff, the 110th, 111th, and current 112th Con- ‘‘I thank God for your courageous to me, and to the people of Maryland. gress have witnessed the three highest stand.’’ And he replied, ‘‘Which one?’’ But she is also a tireless advocate and totals of filibusters ever recorded. A re- And so the question: how to change a voice for families and individuals cent report found the current Senate the rules? The Constitution is clear on who may not have had the under- has ‘‘passed a record-low 2.8 percent of this point. The Senate rules reforms standing or resources to access the bills introduced in that chamber, a 66 can be accomplished by a simple ma- services they need. Whether it is work- percent decrease from the last Repub- jority at the start of the new Congress ing with the mayor of Oakland when lican majority in 2005–2006, and a 90 in January. This is the ‘‘constitutional spring floods threatened a dam near percent decrease from the high in 1955– option,’’ not a ‘‘nuclear option.’’ That the town, getting housing and other 1956.’’ is something else, and I will speak to it services for a veteran, or working with Our proposal to reform the rules is in a moment. This has been a heated topic of de- community groups to improve their simple, it is limited, and it is fair. bate this week on the Senate floor, par- schools, Bailey is a relentless public Again, we are not ending the filibuster. ticularly between the majority and mi- We preserve the rights of the minority. servant. There is also no denying that nority leaders. I have followed the de- We are only proposing that, No. 1, Sen- her energy and enthusiasm are bate carefully, and I would like to ad- ators should be required to go to the unstoppable and unsurpassed and that dress some of the distinguished minor- floor and actually tell the American her retirement will leave a real void. ity leader’s concerns. people why they oppose a bill or nomi- Through her efforts, so many people Earlier this week, Leader MCCONNELL have been connected to jobs, affordable nee in order to maintain a filibuster; said the following: and No. 2, motions to proceed to a bill housing, quality health care, or gov- This small group of primarily senate soph- ernment benefits. So many of these or to send a bill to conference should omores is now proposing that when the Sen- people have benefited from her advo- be nondebatable. These are sensible ate gavels in at the beginning of the new cacy, their lives changed for the better, changes. Yet we are warned that these Congress, a bare majority of senators can and most of them will never know her simple reforms will transform the very disregard the rule that says changes to the name. To me, that is the highest form character of the Senate, will leave the Senate’s rules can only be approved on the of public service. minority without a voice. These argu- same broad bipartisan basis we reserve for ments are covers for continued abuse of approving treaties and overriding presi- I ask my Senate colleagues to recog- dential vetoes, a supermajority-plus. nize the many contributions that Bai- the rules. I am glad he framed our argument in ley has made and the example she has The reforms are modest—some would this way. Why do treaties and veto set for public service. I also want to say too modest. But they would dis- overrides require a supermajority vote? take this opportunity to thank Bai- courage the excessive use of filibusters. Because those requirements are en- ley’s family, her husband Stanley, and The minority still has the right to fili- shrined in our Constitution. The Con- her children Michael and Laura, for buster, but not the right to do so by stitution is very specific about when a their support and understanding as simply making an announcement and supermajority is needed and, just as Bailey has worked to help others. then going out to dinner or, more like- clearly, when it isn’t. ly, to a fundraiser. Today is Bailey and Stanley’s 41st Article I, section 5 of the U.S. Con- Nevertheless, the other party insists wedding anniversary, and on December stitution states: we are attacking the rights of the mi- 8 Laura will be married. Please join me Each House may determine the Rules of its in wishing Bailey Fine a healthy and nority. But there seems to be another Proceedings, punish its Members for dis- happy retirement and well-deserved message, too, with a truly odd logic. orderly Behavior, and, with the Concurrence time with her family. They say that if we make any reason- of two thirds, expel a Member. f able changes in January, they may When the Framers required a super- make radical ones in the future. In REFORMING THE SENATE RULES majority in the proceedings of Con- short, if we dare to reform any rule, gress, they explicitly stated so in the Mr. UDALL of New Mexico. Mr. they might throw out all of them when Constitution, as they did for expelling President, I wish to talk about our ef- they are in the majority. How this a Member. On all other matters, such forts to change the Senate rules. There comports with their stated concern for as determining the Chamber’s rules, a has been a great deal of comment on the rights of the minority is unclear. majority requirement is clearly im- this subject lately. It is also being argued that we are plied. I have listened with great interest to breaking the rules to change the rules. The constitutional option has been the arguments against these changes This has been repeatedly charged by used numerous times since the cloture by the other side. Let me just say at the minority leader. We disagree. We provision was adopted in 1917, the last the outset: Senators MERKLEY, HARKIN, are reforming the rules to save the being in 1975 when it was the catalyst and I are not talking about taking Senate. The status quo is abusing the for amending the filibuster rule to its away the rights of the minority. We rules and debasing the Senate. It is a current form. are not abolishing the filibuster. choice between rules reform and rules In 1957, then-Vice President Richard But there must be change. The un- abuse. Nixon noted while presiding in the Sen- precedented use and abuse of the fili- History contradicts the minority ate, ‘‘[W]hile the rules of the Senate buster and other procedural rules has leader as well. Members of the other have been continued from one Congress prevented the U.S. Senate from doing side have agreed with changing the to another, the right of a current ma- its job. We are no longer the world’s rules when they have been in the ma- jority of the Senate at the beginning of

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00049 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.000 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15660 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 28, 2012 a new Congress to adopt its own rules, As to the comment that some of the ceived his MA in economics from the stemming as it does from the Constitu- reformers are ‘‘sophomores,’’ true George Washington University and also tion itself, cannot be restricted or lim- enough. Senator MERKLEY and I are represented CRS at the National War ited by rules adopted by a majority of relatively new to this Chamber, but I College in Washington, DC, graduating a previous Congress.’’ don’t think the American people think in 1991. Current Republican Senators agree. that is a bad thing because we came Upon joining CRS, Mr. Ahearn quick- Senator JOHN CORNYN said in 2003: here to find solutions, to actually get ly established himself as a leading ex- Just as one Congress cannot enact a law things done for the American people. pert in U.S. trade policy. He wrote nu- that a subsequent Congress could not amend But what we found was a graveyard of merous reports and confidential memo- by majority vote, one Senate cannot enact a good ideas. No real debate. No real con- randa and conducted hundreds of brief- rule that a subsequent Senate could not ings for Members and congressional amend by majority vote.’’ sideration. Under the abuse of the current rules, staff on a broad range of international And Senator ORRIN HATCH noted in all it takes to filibuster is one Senator economic issues. These issues ad- 2005 that a picking up the phone, period. Doesn’t dressed core topics on U.S. trade pol- simple majority can invoke cloture and have to even go on the floor and defend icy, such as U.S. trade laws to open adopt a rules change it is clear that the Sen- ate, at the beginning of a new Congress, can it. Just a phone call by one Senator. markets for U.S. exporters, trade reor- invoke cloture and amend its rules by simple No muss. No fuss. No inconvenience. ganization, the debate over free trade majority. Except for the American public. Except versus trade protectionism, and the fu- As I said earlier, some on the other for a nation that expects and needs a ture of U.S. trade policy. He also fo- side of the aisle have drawn a false government that works, a government cused his authoritative and objective equivalency between the constitutional that actually works together and finds analysis on international financial option and the Republicans’ threatened common ground. issues, including the 2008 global finan- nuclear option of 2005. Yet this misses Maybe some of my colleagues believe cial crisis and the Eurozone sovereign a crucial distinction. The nuclear op- that the Senate is working as it should debt crisis. tion sought to change Senate rules in that everything is fine. Well, Mr. Presi- Mr. Ahearn is well known for his ex- midsession. The constitutional option dent, we sophomores do not take that pertise and deep institutional knowl- follows Senate precedent and would view. It isn’t working. It needs to edge of the global trading system, par- change the rules only at the start of change, and I know plenty of experi- ticularly with respect to the World the new Congress. enced Senators agree. Trade Organization and related multi- We don’t have to reform the rules The American people, of all political lateral ‘‘rounds’’ of trade negotiations with only a majority vote in January. persuasions, are clamoring for a gov- over the past 4 decades. More recently, That is up to my colleagues on the ernment that actually gets something he led important innovative research other side of the aisle. Each time the done. The challenges are too great, the on rising economic powers and their filibuster rule has been amended in the stakes are too high, for a government trade policy implications for the past, a bipartisan group of Senators of gridlock to continue. United States. As a policy issue of was prepared to use the constitutional f growing congressional interest, his in- option. But they didn’t have to. With sightful analysis will continue to sup- VOTE EXPLANATION the inevitability of a majority vote on port Congress in understanding the the reforms looming, enough Members Mr. BLUMENTHAL. Mr. President, I transformative changes underway in agreed on a compromise and passed the was unable to cast a vote yesterday on the global economy. changes with two-thirds in favor. the motion to proceed to executive ses- Mr. HATCH. Mr. President, I rise to We could do that again in January. I sion for the consideration of treaty 112– join with Senator BAUCUS in com- know many of my Republican col- 7, the Convention on the Rights of Per- mending Mr. Ahearn for his service. leagues agree with me. The Senate is sons with Disabilities. I spent most of Over the years, Mr. Ahearn’s impres- not working. I said 2 years ago that I the day in Connecticut, touring the sive portfolio of work also examined would push for the same reforms at the State with FEMA’s Acting Adminis- major U.S. trading partner policies. beginning of the next Congress—re- trator to assess damage from Hurri- Early on in his career, for example, he gardless of which party was in the ma- cane Sandy and Federal aid for the was a lead CRS expert on the U.S.- jority. If Leader MCCONNELL was going State. I also joined Attorney General Japan trade and economic relationship to be the majority leader in January, I Holder, Governor Malloy, and others in during heightened trade tensions be- would ask him to work with me on im- New Haven to roll out a new statewide tween our two countries. From Sep- plementing these reforms. initiative to combat violence in our tember 1993 to August 1994, he worked I will say again that the proposed urban communities. Had I been for the Office of the U.S. Trade Rep- changes will reform the abuse of the present, I would have voted for the mo- resentative, USTR, to serve as Director filibuster, not trample the legitimate tion to proceed. of Trade Strategy for Japan and China. rights of the minority party. I am will- f More recently, Ray became the ‘‘go to’’ ing to live with all of the changes we CRS analyst on the U.S.-EU trade and TRIBUTE TO RAYMOND J. AHEARN are proposing, whether I am in the ma- economic relationship, writing reports jority or minority. Mr. BAUCUS. Mr. President, on be- and confidential memoranda and con- The other side has suggested that a half of Senator HATCH and myself, we sulting Congress on numerous topics, change in the rules is an affront to the wish to recognize the outstanding ca- including on the EU’s preferential American public but the real affront reer of Mr. Raymond J. Ahearn, Spe- trade agreements and regulatory would be to allow the abuse of the fili- cialist in International Trade and Fi- issues. buster to continue. nance with the Foreign Affairs, De- Mr. Ahearn has been especially adept It has also been suggested that ‘‘the fense and Trade Division of the Con- at examining complex issues in inter- campaign is over.’’ Well, this effort to gressional Research Service (CRS). Ray national economics of immediate im- change the rules has something to do will retire on December 28, after more portance to Congress and making his with the results of the campaign. The than 37 years of distinguished govern- analysis accessible to an audience that American people sent us a message. We ment service. approaches the issues with varying de- have to change the way we do business. Mr. Ahearn began working as a trade grees of understanding. This skill has We have to govern and pay attention to and finance analyst at CRS in April played an especially critical role in jobs and the economy and the things 1975, soon after receiving his MA in successfully conveying to Congress the that matter to American families. international affairs from the Johns complex, multidimensional challenges That was their message, and we would Hopkins School of Advanced Inter- associated with globalization. For ex- do well to listen to it. national Studies, SAIS. He later re- ample, in 2009, Mr. Ahearn wrote a CRS

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00050 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.000 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15661 report titled The Global Economic level. At the time of his death, he was alive while fully participating in our Downturn and Protectionism that ad- president of the nonprofit Chula Vista first amendment freedoms. As the dressed the issue of the perceived and Veterans Home Support Foundation proud husband of a Pulitzer Prize-win- real growth of trade restrictions by the and had served on the charity’s board ning columnist, Connie Schultz, I have United States and its trading partners for 6 years. immense respect for journalists and in response to the global economic cri- On behalf of the people of California, the role they play in the public sphere. sis that emerged in 2008. In analyzing who have benefitted so much from Bob- Improving our democracy starts with the issue, he constructed an analytical by’s life and work, I send my deepest papers like the Post, that are willing framework of three potential cat- gratitude and condolences to his wife, to cultivate America’s next generation egories of restrictions that might be Julia; his sons, Paul Hoch, Russ Price, of journalists.∑ taken and the potential consequences Marcus Bush, and Adam Price; his f of each. Mr. Ahearn applied a similar daughter, Adriana Bush; and his five analysis in his timely CRS report grandchildren. Bobby Price will be COMPLETION OF THE SERIES CUL- Globalization, Worker Insecurity and truly missed by all who were touched TURE AND CIVILIZATION OF Policy Approaches, which examined by his energy, passion for service, and CHINA the complex relationship between the devotion to his fellow veterans.∑ ∑ Mr. LIEBERMAN. Mr. President, I increased integration of the U.S. econ- f wish to commemorate the completion omy with the rest of the world and the OHIO UNIVERSITY POST of the series, ‘‘Culture and Civilization decline in U.S. wages and worker secu- CENTENNIAL of China,’’ published jointly by Yale rity, an issue faced by all Members of ∑ University and China International Congress as they consider trade agree- Mr. BROWN of Ohio. Mr. President, I Publishing Group. Having been pub- ments and other global economic rise to commemorate the centennial of lished since the early 1990s, the award issues. the Post, an independent, student-run winning series will be concluded this We wish Mr. Ahearn the very best in newspaper at Ohio University in Ath- year with its final volume, ‘‘Chinese his retirement and thank him for his ens, OH. Silks.’’ The series has brought together exemplary record of service to Con- Finley Peter Dunne once noted that leaders from both the United States gress in directly supporting our work ‘‘the newspaper . . . comforts the af- and China. Former President George H. on international trade and finance pol- flicted, and afflicts the comfortable.’’ W. Bush and Secretary of State Henry icy issues. Newspapers also connect concerned Kissinger have each head consulting citizens with their elected officials by f committees. providing a venue for valuable discus- ADDITIONAL STATEMENTS I congratulate everyone who worked sion on issues that affect our lives and to make this series happen, in par- communities. It is no secret that a free ticular the Director of Yale University press is critical to strengthening and REMEMBERING BOBBY PRICE Press John Donatich, the President of preserving our democracy. China International Publishing Group ∑ Mrs. BOXER. Mr. President, today I For 100 years, students at Ohio Uni- Zhou Mingwei, and U.N. Under Sec- ask my colleagues to join me in hon- versity have celebrated their first retary General Joseph V. Reed. oring LT Bobby Price, who died this amendment rights by creating a news- I ask that Under Secretary General month in Chula Vista, CA. For many paper that informs residents, students, Reed’s remarks at a September 19, 2012, years, I had the pleasure and honor of and business leaders in Athens County event to celebrate the completion of working with this great champion of about vital news on campus, around this series be printed in the RECORD. America’s veterans. Ohio, and throughout the world. The remarks follow. In fact, just 2 months ago, despite his When students are encouraged to grave illness, Bobby traveled to Wash- present structured, well-written views REMARKS BY AMBASSADOR JOSEPH VERNER REED AT THE CELEBRATORY LUNCHEON FOR ington, DC as the representative of the in writing, they are given the oppor- THE CONCLUSION OF THE CHINESE CULTURE & Veterans of Foreign Wars to meet with tunity to develop life-long skills that CIVILIZATION PUBLISHING PROJECT WITH me regarding veterans’ healthcare, will serve them as citizens—and lead- YALE UNIVERSITY PRESS AND THE CHINESE homelessness, and job opportunities for ers—of our enduring American institu- INTERNATIONAL PUBLISHING GROUP, SEP- our returning troops. As always, I was tions. TEMBER 19, 2012 impressed by Bobby’s knowledge and Ohio University has produced many We have come a long, long way with the understanding of issues affecting our first-class journalists, including thir- great publishing project known as CCC . . . veterans and by his passionate commit- teen Pulitzer Prize winners and report- started in 1988 and completed with our final ment to work on their behalf. ers and columnists whose bylines and volume (our ninth) on ‘‘Silks’’ this autumn. During more than 24 years on active photographs appear in our Nation’s In President Levin’s words—‘‘CCC is the duty in the U.S. Navy, Bobby was ‘‘Crown Jewel’’ of Yale University’’. leading newspapers. I regularly witness I have been very proud to have been associ- known for his diligence and determina- the fine reporting of several Post alum- ated with the Press and CIPG on this his- tion to carry out any task. Later, he ni, including Columbus Dispatch senior toric publishing adventure. brought this same zeal and persever- editor Joe Hallett and Washington cor- Our Honorary Chair President George H.W. ance to his work as an advocate for respondent Jessica Wehrman, among Bush has declared: veterans. others. ‘‘I have been privileged to serve as Hon- No matter how hard Bobby worked, As the tools and resources of jour- orary Chair for the Culture & Civilization of he always made time for his family. As nalism evolve, the Post continues to China project. The CCC project has had a his wife, Julia, wrote, ‘‘Day after day respond to a changing world. Whether profound impact on international relations between China and the United States in a he showed me, our children and grand- students read the news on a handheld way that no other undertaking has accom- children how much he cared for us by device or hold newsprint in their plished. The achievement of collaboration in giving his time, compassion and gen- hands, Ohio University students can the development of this superb series of erous spirit.’’ expect to hear from an independent beautiful volumes examining the cultural Bobby Price received many awards voice on campus and in Athens. and artistic heritage of China will serve as a recognizing his remarkable dedication Throughout the next century, the model of cooperation for the future genera- to veterans including the San Diego Post will undoubtedly continue to play tions committed to building an enduring County Veteran of the Year award. He a critical role in training student-jour- bond between our two great countries’’. The Chair of the Advisory Council Dr. served as commander of all California nalists to shape and inform Ohio Uni- Henry A. Kissinger has called CCC—a ‘‘sem- Veterans of Foreign Wars posts and versity. As we mark this milestone, it inal work’’. was active in other veterans organiza- is my privilege to salute the students China has recognized the effort with be- tions at the local, State, and national who work to keep this publication stowing the highest Award—‘‘The Special

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00051 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.001 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15662 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 28, 2012 Book Awards of China’’ to President Levin movement whose legacy lives on today. Photon is truly a remarkable company. and yours truly in the Great Hall of the Peo- The Hudson River School paintings I am proud to extend my congratula- ple, by Madame Liu Yangdon, a member of helped inspire the development of the tions on their success and offer my best China’s Politburo and State Councilor. National Park Service.∑ wishes for the future.∑ CCC has published nine volumes—several having been awarded distinguished honors f f the volume on painting {Three Thousand RECOGNIZING HYDRO-PHOTON, } TRIBUTE TO KELSEY LUCKHURST Years of Chinese Painting (1997) won The INC. Hawkins Prize, the highest award in the pub- ∑ Mr. THUNE. Mr. President, today I ∑ lishing industry. This volume was the State Ms. SNOWE. Mr. President, 70 per- wish to recognize Kelsey Luckhurst, an Gift of the People’s Republic to the United cent of the earth is covered by water. intern in my Aberdeen, SD, office, for States during President Jiang Zeming’s Of that, 98 percent can be found in our State Visit in 1997. President Jiang Zeming all of the hard work she has done for oceans, which makes it unusable for me, my staff, and the State of South gave a copy of this work and the volume on drinking due to the salt content. Only Chinese Architecture to President Bush for Dakota over the past several months. the Bush Presidential Library in 2002. about 2 percent of the world’s water is Kelsey is a native of Garden City, SD President Hu Jintao visited Yale Univer- fresh and, once polar ice caps and gla- and a graduate of Clark High School. sity in 2006 and donated a large number of ciers are subtracted, it is a very small Currently, she is attending Northern Chinese books to the University including percentage that is available for human State University, where she is pursuing the Culture & Civilization series. President consumption. Here in the United degrees in history and political Hu also introduced the newly published Chi- States we are blessed with, and rely on, nese Sculture to Yale faculty, staff and stu- science. She is a very hard worker who an abundance of available clean drink- has been dedicated to getting the most dents. ing water. However, even here, me- The publishing effort was arduous and not out of her internship experience. without many differences and difficulties. It chanical failures, natural disasters, I would like to extend my sincere is a miracle that we published the volumes and remoteness of location, can dimin- thanks and appreciation to Kelsey for in such a cooperative manner. How can one ish the availability of this vital re- all of the fine work she has done and forget the drama with our very first volume source. wish her continued success in the years on ‘‘Painting’’? The map of China caused I rise today to recognize Hydro-Pho- to come.∑ great review/discussion—back and forth for ton, located in Blue Hill, ME, a com- weeks—the borders, the provinces, the is- pany that has identified this problem f lands. There were other ‘‘to and froes’’ but, and works diligently to supply innova- MESSAGE FROM THE HOUSE in the end we have had ‘‘a splendid and co- tive, accessible solutions. By har- operative result’’. At 2:48 p.m., a message from the nessing and shrinking the ultraviolet— There are so many to salute and thank for House of Representatives, delivered by UV—technology used by many munic- their efforts starting with President Levin, Mrs. Cole, one of its reading clerks, an- ipal water treatment plants, Hydro- Vice President Linda Lorimer, former Yale nounced that the House has passed the University Press Director John G. Ryden Photon founder Miles Maiden created following bills, in which it requests the (the godfather of CCC), current YUP Director the SteriPEN which offers the same concurrence of the Senate: John Donatich and, of course, all our col- safe, efficient water purification used leagues at CIPG led by Vice Minister Cai by the treatment plants in a portable, H.R. 5913. An act to create an independent Mingzhao, President Zhou and the distin- personal device. advisory panel to comprehensively assess the guished and brilliant Editor Huang Youyi. management structure and capabilities re- To the donors to CCC a special vote of ap- The SteriPEN, originally patented in lated to the Department of Homeland Secu- preciation and admiration for their gen- 1999, was the first portable UV water rity and make recommendations to improve erosity. purifier on the market. The product the efficiency and effectiveness of the man- CCC involved 435 specialists including 56 kills viruses, bacteria, and protozoa by agement of the Department. authors, 39 translators and 340 consultants. emitting UV light that is absorbed by H.R. 5997. An act to amend the Homeland 348 Museums and research institutes from the microbes, preventing their repro- Security Act of 2002 to codify authority around the globe provided images, line-draw- duction. With this compact purifier, under existing grant guidance authorizing ings, photographs and maps. users are able to have safe drinking use of Urban Area Security Initiative and I thank Julianne Griffin and Taiping State Homeland Security Grant Program Chang Knecknes and Mary Pasti and Cynthia water anywhere. funding for enhancing medical preparedness, Forbes for their signal contributions. A spe- A company conscious of the need to medical surge capacity, and mass prophy- cial salute to Charles Hill who first intro- preserve and protect our natural beau- laxis capabilities. duced me to the Press for work on the CCC ty and resources seems right at home H.R. 6025. An act to provide for annual re- project and to James Watt of the Metropoli- in my home State where we are blessed ports on the status of operational control of tan Museum for superb counsel. with serene mountains and foothills, the international land and maritime borders All in all, CCC was a splendid effort. It has dense untouched wilderness, and a of the United States and unlawful entries, truly contributed to the mutual under- shoreline both beautiful and bountiful. and for other purposes. standing of the People’s Republic and the H.R. 6328. An act to amend title 49, United United States as well as having provided a Hydro-Photon is dedicated to the pres- States Code, to direct the Assistant Sec- platform for education for citizens from ervation and enjoyment of our natural retary of Homeland Security (Transpor- around the world. splendors and with the clean water sup- tation Security Administration) to transfer CCC is an historic publishing project. It is plied by their SteriPEN, they are mak- unclaimed clothing recovered at airport se- a gift for future generations. ing it easier and safer for all to enjoy curity checkpoints to local veterans organi- Once again, a salute and vote of thanks to the great outdoors not only in Maine zations and other local charitable organiza- one and all.∑ but around the world. tions, and for other purposes. f Not only useful to the active out- The message also announced that the doorsmen, the SteriPEN finds use in a House agree to the amendment of the RECOGNIZING THE HUDSON RIVER vast array of situations and locations. Senate to the bill (H.R. 915) to estab- SCHOOL One example is the recent hurricane lish a Border Enforcement Security ∑ Mr. MENENDEZ. Mr. President, for Sandy that had devastating affects Task Force program to enhance border half a century after its formation in along the northeastern coast. Hydro- security by fostering coordinated ef- the 1820s, the Hudson River School was Photon recognized the necessity of forts among Federal, State, and local the dominant movement in American clean water in such dire situations and border and law enforcement officials to art. Its 10 celebrated painters were in- selflessly stepped up to help, donating protect United States border cities and spired by the scenery of the Catskills SteriPENs to those affected by the communities from trans-national Mountains and the Hudson Valley, storm in New York and New Jersey. crime, including violence associated with its panoramic vistas and natural For their inventiveness, dedication, with drug trafficking, arms smuggling, landscapes. These artists helped create and compassion for supplying an ele- illegal alien trafficking and smuggling, a conservation and environmental ment so basic to human life, Hydro- violence, and kidnapping along and

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00052 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.001 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15663 across the international borders of the tion, transmitting, pursuant to law, the re- Summary of Performance and Financial In- United States, and for other purposes. port of a rule entitled ‘‘Federal Acquisition formation for Fiscal Year 2012; to the Com- Regulation; Updates to Contract Reporting mittee on Homeland Security and Govern- ENROLLED BILLS SIGNED and Central Contractor Registration’’ mental Affairs. The message further announced that (RIN9000–AL99) received in the Office of the EC–8189. A communication from the Chair- the Speaker has signed the following President of the Senate on November 26, man and Chief Executive Officer, Farm Cred- enrolled bills: 2012; to the Committee on Homeland Secu- it Administration, transmitting, pursuant to H.R. 2453. An act to require the Secretary rity and Governmental Affairs. law, the Administration’s Semiannual Re- of the Treasury to mint coins in commemo- EC–8181. A communication from the Senior port of the Inspector General and the Semi- annual Management Report on the Status of ration of Mark Twain. Procurement Executive, Office of Acquisi- Audits for the period from April 1, 2012 H.R. 6063. An act to amend title 18, United tion Policy, General Services Administra- through September 30, 2012; to the Com- States Code, with respect to child pornog- tion, transmitting, pursuant to law, the re- mittee on Homeland Security and Govern- raphy and child exploitation offenses. port of a rule entitled ‘‘Federal Acquisition mental Affairs. H.R. 6118. An act to amend section 353 of Regulation; Interagency Acquisitions: Com- EC–8190. A communication from the Sec- the Public Health Service Act with respect pliance by Nondefense Agencies with Defense retary of Labor, transmitting, pursuant to to suspension, revocation, and limitation of Procurement Requirements’’ (RIN9000–AM36) law, the Pension Benefit Guaranty Corpora- laboratory certification. received in the Office of the President of the tion’s Office of Inspector General and the Di- H.R. 6131. An act to extend the Under- Senate on November 26, 2012; to the Com- rector’s Semiannual Report to Congress on taking Spam, Spyware, And Fraud Enforce- mittee on Homeland Security and Govern- Management Decisions and Final Actions on ment With Enforcers beyond Borders Act of mental Affairs. Office of Inspector General Audit Rec- 2006, and for other purposes. EC–8182. A communication from the Senior ommendations for the periods from April 1, H.R. 6570. An act to amend the American Procurement Executive, Office of Acquisi- 2011 through September 30, 2011 and October Recovery and Reinvestment Act of 2009 and tion Policy, General Services Administra- 1, 2012 through March 31, 2012; to the Com- the Emergency Economic Stabilization Act tion, transmitting, pursuant to law, the re- mittee on Homeland Security and Govern- of 2008 to consolidate certain CBO reporting port of a rule entitled ‘‘Federal Acquisition mental Affairs. requirements. Regulation; Federal Acquisition Circular 2005–62; Small Entity Compliance Guide’’ EC–8191. A communication from the Chair- The enrolled bills were subsequently (FAC2005–62) received in the Office of the man of the Railroad Retirement Board, signed by the President pro tempore President of the Senate on November 26, transmitting, pursuant to law, the Semi- (Mr. INOUYE). 2012; to the Committee on Homeland Secu- annual Report of the Inspector General for the period from April 1, 2012 through Sep- f rity and Governmental Affairs. EC–8183. A communication from the Senior tember 30, 2012; to the Committee on Home- MEASURES REFERRED Procurement Executive, Office of Acquisi- land Security and Governmental Affairs. EC–8192. A communication from the Direc- tion Policy, General Services Administra- The following bills were read the first tor, Congressional Affairs, Federal Election tion, transmitting, pursuant to law, the re- and the second times by unanimous Commission, transmitting, pursuant to law, port of a rule entitled ‘‘Federal Acquisition a report entitled ‘‘Federal Election Commis- consent, and referred as indicated: Regulation; Federal Acquisition Circular sion Fiscal Year 2012 Performance and Ac- H.R. 5913. An act to create an independent 2005–62; Small Entity Compliance Guide’’ countability Report’’; to the Committee on advisory panel to comprehensively assess the (FAC2005–62) received in the Office of the Homeland Security and Governmental Af- management structure and capabilities re- President of the Senate on November 26, fairs. lated to the Department of Homeland Secu- 2012; to the Committee on Homeland Secu- rity and make recommendations to improve EC–8193. A communication from the Dep- rity and Governmental Affairs. uty General Counsel, Office of Size Stand- the efficiency and effectiveness of the man- EC–8184. A communication from the Senior agement of the Department; to the Com- ards, Small Business Administration, trans- Procurement Executive, Office of Acquisi- mitting, pursuant to law, the report of a rule mittee on Homeland Security and Govern- tion Policy, General Services Administra- mental Affairs. entitled ‘‘Small Business Size Standards: tion, transmitting, pursuant to law, the re- Adoption of 2012 North American Industry H.R. 5997. An act to amend the Homeland port of a rule entitled ‘‘Federal Acquisition Security Act of 2002 to codify authority Classification System for Size Standards’’ Regulation; Federal Acquisition Circular (RIN3245–AG47) received in the Office of the under existing grant guidance authorizing 2005–62; Small Entity Compliance Guide’’ use of Urban Area Security Initiative and President of the Senate on November 26, (FAC2005–62) received in the Office of the 2012; to the Committee on Small Business State Homeland Security Grant Program President of the Senate on November 26, funding for enhancing medical preparedness, and Entrepreneurship. 2012; to the Committee on Homeland Secu- EC–8194. A communication from the Dep- medical surge capacity, and mass prophy- rity and Governmental Affairs. uty General Counsel, Office of Size Stand- laxis capabilities; to the Committee on EC–8185. A communication from the Direc- ards, Small Business Administration, trans- Homeland Security and Governmental Af- tor, Office of Personnel Management, trans- mitting, pursuant to law, the report of a rule fairs. mitting, pursuant to law, the report of a rule entitled ‘‘Small Business Size Standards: H.R. 6025. An act to provide for annual re- entitled ‘‘Federal Employees Health Benefits Health Care and Social Assistance’’ ports on the status of operational control of Program Coverage for Certain Intermittent (RIN3245–AG30) received in the Office of the the international land and maritime borders Employees’’ (RIN3206–AM74) received in the President of the Senate on November 26, of the United States and unlawful entries, Office of the President of the Senate on No- 2012; to the Committee on Small Business and for other purposes; to the Committee on vember 26, 2012; to the Committee on Home- and Entrepreneurship. Homeland Security and Governmental Af- land Security and Governmental Affairs. EC–8195. A communication from the Dep- fairs. EC–8186. A communication from the Senior uty General Counsel, Office of Size Stand- f Counsel for Regulatory Affairs, Office of As- ards, Small Business Administration, trans- sistant Secretary for Management, Depart- mitting, pursuant to law, the report of a rule EXECUTIVE AND OTHER ment of the Treasury, transmitting, pursu- entitled ‘‘Small Business Size Standards: COMMUNICATIONS ant to law, the report of a rule entitled Real Estate and Rental and Leasing’’ The following communications were ‘‘Federal Benefit Payments Under Certain (RIN3245–AG28) received in the Office of the laid before the Senate, together with District of Columbia Retirement Plans’’ President of the Senate on November 26, (RIN1505–AC02) received in the Office of the accompanying papers, reports, and doc- 2012; to the Committee on Small Business President of the Senate on November 26, and Entrepreneurship. uments, and were referred as indicated: 2012; to the Committee on Homeland Secu- EC–8196. A communication from the Dep- EC–8179. A communication from the Chief rity and Governmental Affairs. uty General Counsel, Office of Size Stand- Information Officer, National Aeronautics EC–8187. A communication from the Direc- ards, Small Business Administration, trans- and Space Administration, transmitting, tor of Management, U.S. Commission on mitting, pursuant to law, the report of a rule pursuant to law, the report of a rule entitled Civil Rights, transmitting, pursuant to law, entitled ‘‘Small Business Size Standards: ‘‘Update of Existing Privacy Act—NASA the Commission’s Performance and Account- Educational Services’’ (RIN3245–AG29) re- Regulations’’ (RIN2700–AD86) received in the ability Report for fiscal year 2012; to the ceived in the Office of the President of the Office of the President of the Senate on No- Committee on Homeland Security and Gov- Senate on November 26, 2012; to the Com- vember 26, 2012; to the Committee on Home- ernmental Affairs. mittee on Small Business and Entrepreneur- land Security and Governmental Affairs. EC–8188. A communication from the Sec- ship. EC–8180. A communication from the Senior retary of Labor, transmitting, pursuant to EC–8197. A communication from the Direc- Procurement Executive, Office of Acquisi- law, the Department of Labor’s Annual Per- tor of the Regulation Policy and Manage- tion Policy, General Services Administra- formance Report for Fiscal Year 2012 and the ment Office of the General Counsel, Veterans

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00053 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.001 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15664 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 28, 2012 Health Administration, Department of Vet- 2011–0945)) received during adjournment of EC–8212. A communication from the Senior erans Affairs, transmitting, pursuant to law, the Senate in the Office of the President of Program Analyst, Federal Aviation Adminis- the report of a rule entitled the Senate on November 5, 2012; to the Com- tration, Department of Transportation, ‘‘Servicemembers’ Group Life Insurance— mittee on Commerce, Science, and Transpor- transmitting, pursuant to law, the report of Stillborn Child Coverage’’ (RIN2900–AO30) re- tation. a rule entitled ‘‘Airworthiness Directives; ceived in the Office of the President of the EC–8205. A communication from the Senior The Boeing Company Airplanes’’ ((RIN2120– Senate on November 26, 2012; to the Com- Program Analyst, Federal Aviation Adminis- AA64) (Docket No. FAA–2012–0645)) received mittee on Veterans’ Affairs. tration, Department of Transportation, during adjournment of the Senate in the Of- EC–8198. A communication from the Direc- transmitting, pursuant to law, the report of fice of the President of the Senate on No- tor of the Regulation Policy and Manage- a rule entitled ‘‘Airworthiness Directives; vember 5, 2012; to the Committee on Com- ment Office of the General Counsel, Veterans Rolls-Royce plc Turbofan Engines’’ merce, Science, and Transportation. Health Administration, Department of Vet- ((RIN2120–AA64) (Docket No. FAA–2012–0848)) EC–8213. A communication from the Senior erans Affairs, transmitting, pursuant to law, received during adjournment of the Senate Program Analyst, Federal Aviation Adminis- the report of a rule entitled ‘‘VA Acquisition in the Office of the President of the Senate tration, Department of Transportation, Regulation: Electronic Submission of Pay- on November 5, 2012; to the Committee on transmitting, pursuant to law, the report of ment Request’’ (RIN2900–AN97) received in Commerce, Science, and Transportation. a rule entitled ‘‘Airworthiness Directives; the Office of the President of the Senate on EC–8206. A communication from the Senior Bombardier, Inc. Airplanes’’ ((RIN2120–AA64) November 26, 2012; to the Committee on Vet- Program Analyst, Federal Aviation Adminis- (Docket No. FAA–2012–0142)) received during erans’ Affairs. tration, Department of Transportation, adjournment of the Senate in the Office of EC–8199. A communication from the Direc- transmitting, pursuant to law, the report of the President of the Senate on November 5, tor of the Regulation Policy and Manage- a rule entitled ‘‘Airworthiness Directives; 2012; to the Committee on Commerce, The Boeing Company Airplanes’’ ((RIN2120– ment Office of the General Counsel, Veterans Science, and Transportation. AA64) (Docket No. FAA–2012–0327)) received Health Administration, Department of Vet- EC–8214. A communication from the Senior during adjournment of the Senate in the Of- erans Affairs, transmitting, pursuant to law, Program Analyst, Federal Aviation Adminis- fice of the President of the Senate on No- the report of a rule entitled ‘‘Rules Gov- tration, Department of Transportation, vember 5, 2012; to the Committee on Com- erning Hearings Before the Agency of Origi- transmitting, pursuant to law, the report of merce, Science, and Transportation. nal Jurisdiction and the Board of Veterans’ EC–8207. A communication from the Senior a rule entitled ‘‘Airworthiness Directives; Appeals; Repeal of Prior Rule Change’’ Program Analyst, Federal Aviation Adminis- Pratt and Whitney Division Turbofan En- (RIN2900–AO43) received in the Office of the tration, Department of Transportation, gines’’ ((RIN2120–AA64) (Docket No. FAA– President of the Senate on November 26, transmitting, pursuant to law, the report of 2012–0228)) received during adjournment of 2012; to the Committee on Veterans’ Affairs. a rule entitled ‘‘Airworthiness Directives; the Senate in the Office of the President of EC–8200. A communication from the Assist- BAE SYSTEMS (Operations) Limited Air- the Senate on November 5, 2012; to the Com- ant Chief Counsel for Hazardous Materials planes’’ ((RIN2120–AA64) (Docket No. FAA– mittee on Commerce, Science, and Transpor- Safety, Pipeline and Hazardous Materials 2012–0489)) received during adjournment of tation. Safety Administration, Department of the Senate in the Office of the President of EC–8215. A communication from the Senior Transportation, transmitting, pursuant to the Senate on November 5, 2012; to the Com- Program Analyst, Federal Aviation Adminis- law, the report of a rule entitled ‘‘Hazardous mittee on Commerce, Science, and Transpor- tration, Department of Transportation, Materials: Minor Editorial Corrections and tation. transmitting, pursuant to law, the report of Clarifications (RRR)’’ (RIN2137–AE90) re- EC–8208. A communication from the Senior a rule entitled ‘‘Airworthiness Directives; ceived during adjournment of the Senate in Program Analyst, Federal Aviation Adminis- Pratt and Whitney Division Turbofan En- the Office of the President of the Senate on tration, Department of Transportation, gines’’ ((RIN2120–AA64) (Docket No. FAA– November 5, 2012; to the Committee on Com- transmitting, pursuant to law, the report of 2012–0079)) received during adjournment of merce, Science, and Transportation. a rule entitled ‘‘Airworthiness Directives; the Senate in the Office of the President of EC–8201. A communication from the Regu- Eurocopter France Helicopters’’ ((RIN2120– the Senate on November 5, 2012; to the Com- latory Ombudsman, Federal Motor Carrier AA64) (Docket No. FAA–2012–0222)) received mittee on Commerce, Science, and Transpor- Safety Administration, Department of during adjournment of the Senate in the Of- tation. Transportation, transmitting, pursuant to fice of the President of the Senate on No- EC–8216. A communication from the Senior law, the report of a rule entitled ‘‘Rescission vember 5, 2012; to the Committee on Com- Program Analyst, Federal Aviation Adminis- of 10-Day Agency Discretionary Period in As- merce, Science, and Transportation. tration, Department of Transportation, signing Unsatisfactory Safety Ratings’’ EC–8209. A communication from the Senior transmitting, pursuant to law, the report of (RIN2126–AB55) received during adjournment Program Analyst, Federal Aviation Adminis- a rule entitled ‘‘Airworthiness Directives; of the Senate in the Office of the President tration, Department of Transportation, Rolls-Royce plc Turbofan Engines’’ of the Senate on November 5, 2012; to the transmitting, pursuant to law, the report of ((RIN2120–AA64) (Docket No. FAA–2010–0821)) Committee on Commerce, Science, and a rule entitled ‘‘Airworthiness Directives; received during adjournment of the Senate Transportation. Honeywell International Inc. Turbofan En- in the Office of the President of the Senate EC–8202. A communication from the Senior gines’’ ((RIN2120–AA64) (Docket No. FAA– on November 5, 2012; to the Committee on Program Analyst, Federal Aviation Adminis- 2011–1045)) received during adjournment of Commerce, Science, and Transportation. tration, Department of Transportation, the Senate in the Office of the President of EC–8217. A communication from the Senior transmitting, pursuant to law, the report of the Senate on November 5, 2012; to the Com- Program Analyst, Federal Aviation Adminis- a rule entitled ‘‘Airworthiness Directives; mittee on Commerce, Science, and Transpor- tration, Department of Transportation, The Boeing Company Airplanes’’ ((RIN2120– tation. transmitting, pursuant to law, the report of AA64) (Docket No. FAA–2011–1065)) received EC–8210. A communication from the Senior a rule entitled ‘‘Use of Portable Oxygen Con- during adjournment of the Senate in the Of- Program Analyst, Federal Aviation Adminis- centrators on Board Aircraft’’ ((RIN2120– fice of the President of the Senate on No- tration, Department of Transportation, AK18) (Docket No. FAA–2012–0928)) received vember 5, 2012; to the Committee on Com- transmitting, pursuant to law, the report of during adjournment of the Senate in the Of- merce, Science, and Transportation. a rule entitled ‘‘Airworthiness Directives; fice of the President of the Senate on No- EC–8203. A communication from the Senior Costruzioni Aeronautiche Tecnam srl Air- vember 5, 2012; to the Committee on Com- Program Analyst, Federal Aviation Adminis- planes’’ ((RIN2120–AA64) (Docket No. FAA– merce, Science, and Transportation. tration, Department of Transportation, 2011–0816)) received during adjournment of EC–8218. A communication from the Senior transmitting, pursuant to law, the report of the Senate in the Office of the President of Program Analyst, Federal Aviation Adminis- a rule entitled ‘‘Airworthiness Directives; the Senate on November 5, 2012; to the Com- tration, Department of Transportation, Eurocopter France Helicopters’’ ((RIN2120– mittee on Commerce, Science, and Transpor- transmitting, pursuant to law, the report of AA64) (Docket No. FAA–2011–1408)) received tation. a rule entitled ‘‘Amendment of Class D and during adjournment of the Senate in the Of- EC–8211. A communication from the Senior Class E Airspace; Lakehurst, NJ; Correc- fice of the President of the Senate on No- Program Analyst, Federal Aviation Adminis- tion’’ ((RIN2120–AA66) (Docket No. FAA– vember 5, 2012; to the Committee on Com- tration, Department of Transportation, 2012–0456)) received during adjournment of merce, Science, and Transportation. transmitting, pursuant to law, the report of the Senate in the Office of the President of EC–8204. A communication from the Senior a rule entitled ‘‘Airworthiness Directives; the Senate on November 5, 2012; to the Com- Program Analyst, Federal Aviation Adminis- The Boeing Company Airplanes’’ ((RIN2120– mittee on Commerce, Science, and Transpor- tration, Department of Transportation, AA64) (Docket No. FAA–2011–1250)) received tation. transmitting, pursuant to law, the report of during adjournment of the Senate in the Of- EC–8219. A communication from the Senior a rule entitled ‘‘Airworthiness Directives; fice of the President of the Senate on No- Program Analyst, Federal Aviation Adminis- Honeywell International Inc. Turbofan En- vember 5, 2012; to the Committee on Com- tration, Department of Transportation, gines’’ ((RIN2120–AA64) (Docket No. FAA– merce, Science, and Transportation. transmitting, pursuant to law, the report of

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00054 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.001 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15665 a rule entitled ‘‘Amendment of Class E Air- EC–8227. A communication from the Senior Pacific Pelagic Fisheries; Revised Limits on space; Boise, ID’’ ((RIN2120–AA66) (Docket Program Analyst, Federal Aviation Adminis- Sea Turtle Interactions in the Hawaii Shal- No. FAA–2011–1181)) received during adjourn- tration, Department of Transportation, low-set Longline Fishery’’ (RIN0648–BB84) re- ment of the Senate in the Office of the Presi- transmitting, pursuant to law, the report of ceived in the Office of the President of the dent of the Senate on November 5, 2012; to a rule entitled ‘‘Standard Instrument Ap- Senate on November 26, 2012; to the Com- the Committee on Commerce, Science, and proach Procedures; Miscellaneous Amend- mittee on Commerce, Science, and Transpor- Transportation. ments; Amdt. No. 3497’’ (RIN2120–AA65) re- tation. EC–8220. A communication from the Senior ceived during adjournment of the Senate in EC–8236. A communication from the Direc- Program Analyst, Federal Aviation Adminis- the Office of the President of the Senate on tor, Office of Sustainable Fisheries, Depart- tration, Department of Transportation, November 5, 2012; to the Committee on Com- ment of Commerce, transmitting, pursuant transmitting, pursuant to law, the report of merce, Science, and Transportation. to law, the report of a rule entitled ‘‘Fish- a rule entitled ‘‘Amendment of Class E Air- EC–8228. A communication from the Dep- eries of the Exclusive Economic Zone Off space; Kerrville, TX’’ ((RIN2120–AA66) (Dock- uty Chief Financial Officer and Director for Alaska; Monitoring and Enforcement Re- et No. FAA–2011–1399)) received during ad- Financial Management, Office of the Sec- quirements in the Bering Sea and Aleutian journment of the Senate in the Office of the retary, Department of Commerce, transmit- Islands Freezer Longline Fleet’’ (RIN0648– President of the Senate on November 5, 2012; ting, pursuant to law, the report of a rule en- BB67) received in the Office of the President to the Committee on Commerce, Science, titled ‘‘Civil Monetary Penalties; Adjust- of the Senate on November 26, 2012; to the and Transportation. ment for Inflation’’ (RIN0605–AA31) received Committee on Commerce, Science, and EC–8221. A communication from the Senior in the Office of the President of the Senate Transportation. Program Analyst, Federal Aviation Adminis- on November 26, 2011; to the Committee on EC–8237. A communication from the Acting tration, Department of Transportation, Commerce, Science, and Transportation. Deputy Director, Office of Sustainable Fish- transmitting, pursuant to law, the report of EC–8229. A communication from the Sec- eries, Department of Commerce, transmit- a rule entitled ‘‘Establishment of Class E retary of the Federal Trade Commission, ting, pursuant to law, the report of a rule en- Airspace; Fort Garland, CO’’ ((RIN2120–AA66) transmitting, pursuant to law, the Commis- titled ‘‘Fisheries of the Exclusive Economic (Docket No. FAA–2012–0617)) received during sion’s eighth annual report on ethanol mar- Zone Off Alaska; Pollock in the Herring Sav- adjournment of the Senate in the Office of ket concentration; to the Committee on ings Areas of the Bering Sea and Aleutian Is- the President of the Senate on November 5, Commerce, Science, and Transportation. lands Management Area’’ (RIN0648–XC277) 2012; to the Committee on Commerce, EC–8230. A communication from the Assist- received in the Office of the President of the Science, and Transportation. EC–8222. A communication from the Senior ant General Counsel for Regulatory Affairs, Senate on November 26, 2012; to the Com- Program Analyst, Federal Aviation Adminis- Consumer Product Safety Commission, mittee on Commerce, Science, and Transpor- tration, Department of Transportation, transmitting, pursuant to law, the report of tation. transmitting, pursuant to law, the report of a rule entitled ‘‘Safety Standard for Infant EC–8238. A communication from the Acting a rule entitled ‘‘Establishment of Class E Swings’’ (RIN3041–AC90) received in the Of- Deputy Director, Office of Sustainable Fish- Airspace; Circle Town, MT’’ ((RIN2120–AA66) fice of the President of the Senate on No- eries, Department of Commerce, transmit- (Docket No. FAA–2012–0539)) received during vember 26, 2012; to the Committee on Com- ting, pursuant to law, the report of a rule en- adjournment of the Senate in the Office of merce, Science, and Transportation. titled ‘‘Fraser River Sockeye Salmon Fish- the President of the Senate on November 5, EC–8231. A communication from the Direc- eries; Inseason Orders’’ (RIN0648–XC222) re- 2012; to the Committee on Commerce, tor, Office of Sustainable Fisheries, Depart- ceived in the Office of the President of the Science, and Transportation. ment of Commerce, transmitting, pursuant Senate on November 26, 2012; to the Com- EC–8223. A communication from the Senior to law, the report of a rule entitled ‘‘Fish- mittee on Commerce, Science, and Transpor- Program Analyst, Federal Aviation Adminis- eries Off West Coast States; West Coast tation. tration, Department of Transportation, Salmon Fisheries; Announcing OMB Ap- EC–8239. A communication from the Acting transmitting, pursuant to law, the report of proval of Information Collection’’ (RIN0648– Deputy Director, Office of Sustainable Fish- a rule entitled ‘‘Modification of Area Naviga- BC29) received in the Office of the President eries, Department of Commerce, transmit- tion (RNAV) Route Q–62; Northeast United of the Senate on November 26, 2012; to the ting, pursuant to law, the report of a rule en- States’’ ((RIN2120–AA66) (Docket No. FAA– Committee on Commerce, Science, and titled ‘‘Fisheries of the Exclusive Economic 2011–1407)) received during adjournment of Transportation. Zone Off Alaska; Pollock in Statistical Area the Senate in the Office of the President of EC–8232. A communication from the Direc- 610 in the Gulf of Alaska’’ (RIN0648–XC295) the Senate on November 5, 2012; to the Com- tor, Office of Sustainable Fisheries, Depart- received in the Office of the President of the mittee on Commerce, Science, and Transpor- ment of Commerce, transmitting, pursuant Senate on November 26, 2012; to the Com- tation. to law, the report of a rule entitled ‘‘Atlan- mittee on Commerce, Science, and Transpor- EC–8224. A communication from the Senior tic Highly Migratory Species; 2006 Consoli- tation. Program Analyst, Federal Aviation Adminis- dated Highly Migratory Species Fishery EC–8240. A communication from the Acting tration, Department of Transportation, Management Plan; Amendment 4’’ (RIN0648– Deputy Director, Office of Sustainable Fish- transmitting, pursuant to law, the report of AW83) received in the Office of the President eries, Department of Commerce, transmit- a rule entitled ‘‘Standard Instrument Ap- of the Senate on November 26, 2012; to the ting, pursuant to law, the report of a rule en- proach Procedures; Miscellaneous Amend- Committee on Commerce, Science, and titled ‘‘Fisheries of the Exclusive Economic ments (18); Amdt. No. 3500’’ (RIN2120–AA65) Transportation. Zone Off Alaska; ‘Other Rockfish’ in the received during adjournment of the Senate EC–8233. A communication from the Direc- Aleutian Islands Subarea of the Bering Sea in the Office of the President of the Senate tor, Office of Sustainable Fisheries, Depart- and Aleutian Islands Management Area’’ on November 5, 2012; to the Committee on ment of Commerce, transmitting, pursuant (RIN0648–XC312) received in the Office of the Commerce, Science, and Transportation. to law, the report of a rule entitled ‘‘Magnu- President of the Senate on November 26, EC–8225. A communication from the Senior son-Stevens Fishery Conservation and Man- 2012; to the Committee on Commerce, Program Analyst, Federal Aviation Adminis- agement Act Provisions; Fisheries of the Science, and Transportation. tration, Department of Transportation, Northeastern United States; Northeast EC–8241. A communication from the Acting transmitting, pursuant to law, the report of Multispecies Fishery; Interim Action; Rule Deputy Director, Office of Sustainable Fish- a rule entitled ‘‘Standard Instrument Ap- Extension’’ (RIN0648–BB89) received in the eries, Department of Commerce, transmit- proach Procedures; Miscellaneous Amend- Office of the President of the Senate on No- ting, pursuant to law, the report of a rule en- ments (123); Amdt. No. 3499’’ (RIN2120–AA65) vember 26, 2012; to the Committee on Com- titled ‘‘Fisheries of the Exclusive Economic received during adjournment of the Senate merce, Science, and Transportation. Zone Off Alaska; Pollock in Statistical Area in the Office of the President of the Senate EC–8234. A communication from the Direc- 610 in the Gulf of Alaska’’ (RIN0648–XC301) on November 5, 2012; to the Committee on tor, Office of Sustainable Fisheries, Depart- received in the Office of the President of the Commerce, Science, and Transportation. ment of Commerce, transmitting, pursuant Senate on November 26, 2012; to the Com- EC–8226. A communication from the Senior to law, the report of a rule entitled ‘‘Snap- mittee on Commerce, Science, and Transpor- Program Analyst, Federal Aviation Adminis- per-Grouper Fishery Off the Southern Atlan- tation. tration, Department of Transportation, tic States; Snapper-Grouper Management EC–8242. A communication from the Acting transmitting, pursuant to law, the report of Measures’’ (RIN0648–BC03) received in the Of- Deputy Director, Office of Sustainable Fish- a rule entitled ‘‘Standard Instrument Ap- fice of the President of the Senate on No- eries, Department of Commerce, transmit- proach Procedures; Miscellaneous Amend- vember 26, 2012; to the Committee on Com- ting, pursuant to law, the report of a rule en- ments (18); Amdt. No. 3498’’ (RIN2120–AA65) merce, Science, and Transportation. titled ‘‘Magnuson-Stevens Act Provisions; received during adjournment of the Senate EC–8235. A communication from the Direc- Fisheries Off the West Coast States; Pacific in the Office of the President of the Senate tor, Office of Sustainable Fisheries, Depart- Coast Groundfish Fishery; Pacific Coast on November 5, 2012; to the Committee on ment of Commerce, transmitting, pursuant Groundfish Fishery; Pacific Whiting and Commerce, Science, and Transportation. to law, the report of a rule entitled ‘‘Western Non-Whiting Allocations; Pacific Whiting

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00055 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.001 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15666 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 28, 2012 Seasons’’ (RIN0648–XC302) received in the Of- (Docket No. FAA–2011–1367)) received during dent of the Senate on August 6, 2012; to the fice of the President of the Senate on No- adjournment of the Senate in the Office of Committee on Commerce, Science, and vember 26, 2012; to the Committee on Com- the President of the Senate on September 27, Transportation. merce, Science, and Transportation. 2012; to the Committee on Commerce, EC–8258. A communication from the Attor- EC–8243. A communication from the Acting Science, and Transportation. ney-Advisor, U.S. Coast Guard, Department Deputy Director, Office of Sustainable Fish- EC–8251. A communication from the Senior of Homeland Security, transmitting, pursu- eries, Department of Commerce, transmit- Program Analyst, Federal Aviation Adminis- ant to law, the report of a rule entitled ting, pursuant to law, the report of a rule en- tration, Department of Transportation, ‘‘Safety Zone; Port Huron Float-Down, St. titled ‘‘Fisheries Off West Coast States; transmitting, pursuant to law, the report of Clair River, Port Huron, MI’’ ((RIN1625– Modifications of the West Coast Commercial a rule entitled ‘‘Amendment of Class E Air- AA00) (Docket No. USCG–2012–0771)) received and Recreational Salmon Fisheries; Inseason space; Montgomery, AL’’ ((RIN2120–AA66) during adjournment of the Senate in the Of- Actions No. 22 through No. 26’’ (RIN0648– (Docket No. FAA–2012–0411)) received during fice of the President of the Senate on Sep- XC282) received in the Office of the President adjournment of the Senate in the Office of tember 26, 2012; to the Committee on Com- of the Senate on November 26, 2012; to the the President of the Senate on September 27, merce, Science, and Transportation. Committee on Commerce, Science, and 2012; to the Committee on Commerce, EC–8259. A communication from the Attor- Transportation. Science, and Transportation. ney-Advisor, U.S. Coast Guard, Department EC–8244. A communication from the Sec- EC–8252. A communication from the Senior of Homeland Security, transmitting, pursu- retary of Transportation, transmitting, pur- Program Analyst, Federal Aviation Adminis- ant to law, the report of a rule entitled suant to law, a report relative to the award- tration, Department of Transportation, ‘‘Safety Zone; Liberty Freedom Swims, Lib- ing of funding made available by the Amer- transmitting, pursuant to law, the report of erty Island, Upper Bay and Hudson River, ican Recovery and Reinvestment Act of 2009; a rule entitled ‘‘Amendment of Class E Air- NY’’ ((RIN1625–AA00) (Docket No. USCG– to the Committee on Commerce, Science, space; Colorado Springs, CO’’ ((RIN2120– 2012–0717)) received during adjournment of the Senate in the Office of the President of and Transportation. AA66) (Docket No. FAA–2011–1191)) received the Senate on September 26, 2012; to the EC–8245. A communication from the Senior during adjournment of the Senate in the Of- Committee on Commerce, Science, and Program Analyst, Federal Aviation Adminis- fice of the President of the Senate on Sep- Transportation. tration, Department of Transportation, tember 27, 2012; to the Committee on Com- EC–8260. A communication from the Attor- transmitting, pursuant to law, the report of merce, Science, and Transportation. ney-Advisor, U.S. Coast Guard, Department a rule entitled ‘‘Standard Instrument Ap- EC–8253. A communication from the Attor- of Homeland Security, transmitting, pursu- proach Procedures; Miscellaneous Amend- ney-Advisor, U.S. Coast Guard, Department ant to law, the report of a rule entitled ments (6); Amdt. No. 3493’’ (RIN2120–AA65) of Homeland Security, transmitting, pursu- ‘‘Safety Zone; America’s Cup World Series received during adjournment of the Senate ant to law, the report of a rule entitled ‘‘Se- Regattas, San Francisco Bay, San Francisco, in the Office of the President of the Senate curity Zones; 2012 RNC Bridge Security CA’’ ((RIN1625–AA00) (Docket No. USCG– on October 2, 2012; to the Committee on Com- Zones, Captain of the Port St. Petersburg 2012–0736)) received during adjournment of merce, Science, and Transportation. Zone, Tampa, FL’’ ((RIN1625–AA87) (Docket the Senate in the Office of the President of EC–8246. A communication from the Senior No. USCG–2012–0707)) received during ad- the Senate on September 26, 2012; to the Program Analyst, Federal Aviation Adminis- journment of the Senate in the Office of the Committee on Commerce, Science, and tration, Department of Transportation, President of the Senate on September 26, Transportation. transmitting, pursuant to law, the report of 2012; to the Committee on Commerce, EC–8261. A communication from the Attor- a rule entitled ‘‘Standard Instrument Ap- Science, and Transportation. ney-Advisor, U.S. Coast Guard, Department proach Procedures; Miscellaneous Amend- EC–8254. A communication from the Attor- of Homeland Security, transmitting, pursu- ments (99); Amdt. No. 3492’’ (RIN2120–AA65) ney-Advisor, U.S. Coast Guard, Department ant to law, the report of a rule entitled received during adjournment of the Senate of Homeland Security, transmitting, pursu- ‘‘Safety Zone; Head of the Cuyahoga, U.S. in the Office of the President of the Senate ant to law, the report of a rule entitled ‘‘Se- Rowing Masters Head Race National Cham- on September 27, 2012; to the Committee on curity Zones; Certain Dangerous Cargo Ves- pionship, and Dragon Boat Festival, Cuya- Commerce, Science, and Transportation. sels, Tampa, FL’’ ((RIN1625–AA87) (Docket hoga River, Cleveland, OH’’ ((RIN1625–AA00) EC–8247. A communication from the Senior No. USCG–2012–0712)) received during ad- (Docket No. USCG–2012–0569)) received dur- Program Analyst, Federal Aviation Adminis- journment of the Senate in the Office of the ing adjournment of the Senate in the Office tration, Department of Transportation, President of the Senate on September 26, of the President of the Senate on September transmitting, pursuant to law, the report of 2012; to the Committee on Commerce, 26, 2012; to the Committee on Commerce, a rule entitled ‘‘Amendment of Class E Air- Science, and Transportation. Science, and Transportation. space; Sweetwater, TX’’ ((RIN2120–AA66) EC–8255. A communication from the Attor- EC–8262. A communication from the Attor- (Docket No. FAA–2011–0829)) received during ney-Advisor, U.S. Coast Guard, Department ney-Advisor, U.S. Coast Guard, Department adjournment of the Senate in the Office of of Homeland Security, transmitting, pursu- of Homeland Security, transmitting, pursu- the President of the Senate on September 27, ant to law, the report of a rule entitled ‘‘Spe- ant to law, the report of a rule entitled 2012; to the Committee on Commerce, cial Local Regulation and Safety Zone; ‘‘Safety Zone; TriRock San Diego, San Diego Science, and Transportation. America’s Cup World Series Regattas, San Bay, San Diego, CA’’ ((RIN1625–AA00) (Dock- EC–8248. A communication from the Senior Francisco Bay; San Francisco, CA’’ et No. USCG–2012–0800)) received during ad- Program Analyst, Federal Aviation Adminis- ((RIN1625–AA00; RIN1625–AA–08) (Docket No. journment of the Senate in the Office of the tration, Department of Transportation, USCG–2012–0551)) received during adjourn- President of the Senate on September 26, transmitting, pursuant to law, the report of ment of the Senate in the Office of the Presi- 2012; to the Committee on Commerce, a rule entitled ‘‘Amendment of Class E Air- dent of the Senate on September 26, 2012; to Science, and Transportation. space; Battle Creek, MI’’ ((RIN2120–AA66) the Committee on Commerce, Science, and EC–8263. A communication from the Attor- (Docket No. FAA–2011–1110)) received during Transportation. ney-Advisor, U.S. Coast Guard, Department adjournment of the Senate in the Office of EC–8256. A communication from the Attor- of Homeland Security, transmitting, pursu- the President of the Senate on September 27, ney-Advisor, U.S. Coast Guard, Department ant to law, the report of a rule entitled 2012; to the Committee on Commerce, of Homeland Security, transmitting, pursu- ‘‘Safety Zone; ESI Ironman 70.3 Augusta Science, and Transportation. ant to law, the report of a rule entitled Triathlon, Savannah River; Augusta, GA’’ EC–8249. A communication from the Senior ‘‘Drawbridge Operation Regulation, Atlantic ((RIN1625–AA00) (Docket No. USCG–2012– Program Analyst, Federal Aviation Adminis- Intracoastal Waterway (AIWW); Wrightsville 0574)) received during adjournment of the tration, Department of Transportation, Beach, NC; Cape Fear and Northeast Cape Senate in the Office of the President of the transmitting, pursuant to law, the report of Fear River; Wilmington, NC’’ ((RIN1625– Senate on September 26, 2012; to the Com- a rule entitled ‘‘Amendment of Class E Air- AA09) (Docket No. USCG–2012–0193)) received mittee on Commerce, Science, and Transpor- space; Lemmon, SD’’ ((RIN2120–AA66) (Dock- during adjournment of the Senate in the Of- tation. et No. FAA–2012–0391)) received during ad- fice of the President of the Senate on Sep- EC–8264. A communication from the Attor- journment of the Senate in the Office of the tember 26, 2012; to the Committee on Com- ney-Advisor, U.S. Coast Guard, Department President of the Senate on September 27, merce, Science, and Transportation. of Homeland Security, transmitting, pursu- 2012; to the Committee on Commerce, EC–8257. A communication from the Attor- ant to law, the report of a rule entitled Science, and Transportation. ney-Advisor, U.S. Coast Guard, Department ‘‘Safety Zone; Miami Paddle Challenge, Bis- EC–8250. A communication from the Senior of Homeland Security, transmitting, pursu- cayne Bay, Miami, FL’’ ((RIN1625–AA00) Program Analyst, Federal Aviation Adminis- ant to law, the report of a rule entitled (Docket No. USCG–2012–0722)) received dur- tration, Department of Transportation, ‘‘Safety Zone; Upper Mississippi River, Mile ing adjournment of the Senate in the Office transmitting, pursuant to law, the report of 389.4 to 403.1’’ ((RIN1625–AA00) (Docket No. of the President of the Senate on September a rule entitled ‘‘Amendment of Class E Air- USCG–2011–1087)) received during adjourn- 26, 2012; to the Committee on Commerce, space; Tullahoma, TN’’ ((RIN2120–AA66) ment of the Senate in the Office of the Presi- Science, and Transportation.

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00056 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.001 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15667 EC–8265. A communication from the Attor- of Homeland Security, transmitting, pursu- ing adjournment of the Senate in the Office ney-Advisor, U.S. Coast Guard, Department ant to law, the report of a rule entitled of the President of the Senate on September of Homeland Security, transmitting, pursu- ‘‘Safety Zone; Milwaukee Air And Water 26, 2012; to the Committee on Commerce, ant to law, the report of a rule entitled Show, Lake Michigan, Milwaukee, WI’’ Science, and Transportation. ‘‘Safety Zone; Blue Angels at Kaneohe Bay ((RIN1625–AA00) (Docket No. USCG–2012– EC–8280. A communication from the Attor- Air Show, Oahu, Hawaii’’ ((RIN1625–AA00) 0688)) received during adjournment of the ney Advisor, U.S. Coast Guard, Department (Docket No. USCG–2012–0739)) received dur- Senate in the Office of the President of the of Homeland Security, transmitting, pursu- ing adjournment of the Senate in the Office Senate on September 26, 2012; to the Com- ant to law, the report of a rule entitled ‘‘An- of the President of the Senate on September mittee on Commerce, Science, and Transpor- chorage; Change to Cottonwood Island An- 26, 2012; to the Committee on Commerce, tation. chorage, Columbia River, Oregon and Wash- Science, and Transportation. EC–8273. A communication from the Attor- ington’’ ((RIN1625–AA01) (Docket No. USCG– EC–8266. A communication from the Attor- ney-Advisor, U.S. Coast Guard, Department 2011–0248)) received during adjournment of ney-Advisor, U.S. Coast Guard, Department of Homeland Security, transmitting, pursu- the Senate in the Office of the President of of Homeland Security, transmitting, pursu- ant to law, the report of a rule entitled the Senate on September 26, 2012; to the ant to law, the report of a rule entitled ‘‘Safety Zone; Mississippi River, Mile Mark- Committee on Commerce, Science, and ‘‘Safety Zone; Water Main Crossing; er 291 to 295’’ ((RIN1625–AA00) (Docket No. Transportation. Choctawhatchee Bay; Santa Rosa Beach, USCG–2012–0662)) received during adjourn- EC–8281. A communication from the Senior FL’’ ((RIN1625–AA00) (Docket No. USCG– ment of the Senate in the Office of the Presi- Program Analyst, Federal Aviation Adminis- 2012–0518)) received during adjournment of dent of the Senate on September 26, 2012; to tration, Department of Transportation, the Senate in the Office of the President of the Committee on Commerce, Science, and transmitting, pursuant to law, the report of the Senate on September 26, 2012; to the Transportation. a rule entitled ‘‘Part 95 Instrument Flight Committee on Commerce, Science, and EC–8274. A communication from the Attor- Rules; Amdt. No. 502’’ (RIN2120–AA63) re- Transportation. ney-Advisor, U.S. Coast Guard, Department ceived during adjournment of the Senate in EC–8267. A communication from the Attor- of Homeland Security, transmitting, pursu- the Office of the President of the Senate on ney-Advisor, U.S. Coast Guard, Department ant to law, the report of a rule entitled October 2, 2012; to the Committee on Com- of Homeland Security, transmitting, pursu- ‘‘Drawbridge Operation Regulation; Eliza- merce, Science, and Transportation. EC–8282. A communication from the Attor- ant to law, the report of a rule entitled beth River, Eastern Branch, Norfolk, VA’’ ney-Advisor, U.S. Coast Guard, Department ‘‘Safety Zone; Chicago Red Bull Flugtag, ((RIN1625–AA09) (Docket No. USCG–2012– of Homeland Security, transmitting, pursu- Lake Michigan, Chicago, IL’’ ((RIN1625– 0357)) received during adjournment of the ant to law, the report of a rule entitled AA00) (Docket No. USCG–2012–0817)) received Senate in the Office of the President of the ‘‘Safety Zones; Multiple Firework Displays during adjournment of the Senate in the Of- Senate on September 26, 2012; to the Com- in Captain of the Port, Puget Sound Zone’’ fice of the President of the Senate on Sep- mittee on Commerce, Science, and Transpor- ((RIN1625–AA00) (Docket No. USCG–2012– tember 26, 2012; to the Committee on Com- tation. 0488)) received in the Office of the President merce, Science, and Transportation. EC–8275. A communication from the Attor- of the Senate on September 21, 2012; to the EC–8268. A communication from the Attor- ney-Advisor, U.S. Coast Guard, Department Committee on Commerce, Science, and ney-Advisor, U.S. Coast Guard, Department of Homeland Security, transmitting, pursu- Transportation. of Homeland Security, transmitting, pursu- ant to law, the report of a rule entitled EC–8283. A communication from the Attor- ant to law, the report of a rule entitled ‘‘Drawbridge Operation Regulation; Grosse ney-Advisor, U.S. Coast Guard, Department ‘‘Safety Zone for Fireworks Display, Poto- Tete Bayou, Iberville Parish, LA’’ ((RIN1625– of Homeland Security, transmitting, pursu- mac River, National Harbor Access Channel; AA09) (Docket No. USCG–2012–0115)) received ant to law, the report of a rule entitled Oxen Hill, MD’’ ((RIN1625–AA00) (Docket No. during adjournment of the Senate in the Of- ‘‘Safety Zone; Cocoa Beach Air Show, Atlan- USCG–2012–0818)) received during adjourn- fice of the President of the Senate on Sep- tic Ocean, Cocoa Beach, FL’’ ((RIN1625–AA00) ment of the Senate in the Office of the Presi- tember 26, 2012; to the Committee on Com- (Docket No. USCG–2012–0633)) received dur- dent of the Senate on September 26, 2012; to merce, Science, and Transportation. ing adjournment of the Senate in the Office the Committee on Commerce, Science, and EC–8276. A communication from the Attor- of the President of the Senate on September Transportation. ney-Advisor, U.S. Coast Guard, Department 26, 2012; to the Committee on Commerce, EC–8269. A communication from the Attor- of Homeland Security, transmitting, pursu- Science, and Transportation. ney-Advisor, U.S. Coast Guard, Department ant to law, the report of a rule entitled EC–8284. A communication from the Attor- of Homeland Security, transmitting, pursu- ‘‘Drawbridge Operation Regulation; Black ney-Advisor, U.S. Coast Guard, Department ant to law, the report of a rule entitled Warrior River, AL’’ ((RIN1625–AA09) (Docket of Homeland Security, transmitting, pursu- ‘‘Safety Zone; Gulf Intracoastal Waterway, No. USCG–2012–0764)) received during ad- ant to law, the report of a rule entitled Mile Marker 35.2 to Mile Marker 35.5 west of journment of the Senate in the Office of the ‘‘Safety Zone; Bay Bridge Load Transfer Harvey Locks, bank to bank, Lafourche Par- President of the Senate on September 26, Safety Zone, San Francisco Bay, San Fran- ish, Larose, LA’’ ((RIN1625–AA00) (Docket 2012; to the Committee on Commerce, cisco, CA’’ ((RIN1625–AA00) (Docket No. No. USCG–2012–0634) received during adjourn- Science, and Transportation. USCG–2012–0706)) received during adjourn- ment of the Senate in the Office of the Presi- EC–8277. A communication from the Attor- ment of the Senate in the Office of the Presi- dent of the Senate on September 26, 2012; to ney-Advisor, U.S. Coast Guard, Department dent of the Senate on September 26, 2012; to the Committee on Commerce, Science, and of Homeland Security, transmitting, pursu- the Committee on Commerce, Science, and Transportation. ant to law, the report of a rule entitled Transportation. EC–8270. A communication from the Attor- ‘‘Drawbridge Operation Regulation; Alabama EC–8285. A communication from the Attor- ney-Advisor, U.S. Coast Guard, Department River, AL’’ ((RIN1625–AA09) (Docket No. ney-Advisor, U.S. Coast Guard, Department of Homeland Security, transmitting, pursu- USCG–2012–0181)) received during adjourn- of Homeland Security, transmitting, pursu- ant to law, the report of a rule entitled ment of the Senate in the Office of the Presi- ant to law, the report of a rule entitled ‘‘Safety Zone; 2012 Ironman US Champion- dent of the Senate on September 26, 2012; to ‘‘Safety Zone; Jet Express Triathlon, San- ship Swim, Hudson River, Fort Lee, NJ’’ the Committee on Commerce, Science, and dusky Bay, Lake Erie, Lakeside, OH’’ ((RIN1625–AA00) (Docket No. USCG–2012– Transportation. ((RIN1625–AA00) (Docket No. USCG–2012– 0223)) received during adjournment of the EC–8278. A communication from the Attor- 0072)) received during adjournment of the Senate in the Office of the President of the ney-Advisor, U.S. Coast Guard, Department Senate in the Office of the President of the Senate on September 26, 2012; to the Com- of Homeland Security, transmitting, pursu- Senate on September 26, 2012; to the Com- mittee on Commerce, Science, and Transpor- ant to law, the report of a rule entitled mittee on Commerce, Science, and Transpor- tation. ‘‘Drawbridge Operation Regulation; Carlin tation. EC–8271. A communication from the Attor- Bayou, LA’’ ((RIN1625–AA09) (Docket No. EC–8286. A communication from the Attor- ney-Advisor, U.S. Coast Guard, Department USCG–2012–0180)) received during adjourn- ney-Advisor, U.S. Coast Guard, Department of Homeland Security, transmitting, pursu- ment of the Senate in the Office of the Presi- of Homeland Security, transmitting, pursu- ant to law, the report of a rule entitled dent of the Senate on September 26, 2012; to ant to law, the report of a rule entitled ‘‘Safety Zone; Dredge Arthur J, Lake Huron, the Committee on Commerce, Science, and ‘‘Safety Zone; Antique Boat Show, Niagara Lakeport, MI’’ ((RIN1625–AA00) (Docket No. Transportation. River, Grand Island, NY’’ ((RIN1625–AA00) USCG–2012–0709)) received during adjourn- EC–8279. A communication from the Attor- (Docket No. USCG–2012–0043)) received dur- ment of the Senate in the Office of the Presi- ney-Advisor, U.S. Coast Guard, Department ing adjournment of the Senate in the Office dent of the Senate on September 26, 2012; to of Homeland Security, transmitting, pursu- of the President of the Senate on September the Committee on Commerce, Science, and ant to law, the report of a rule entitled 26, 2012; to the Committee on Commerce, Transportation. ‘‘Drawbridge Operation Regulation; Science, and Transportation. EC–8272. A communication from the Attor- Tombigbee River, AL’’ ((RIN1625–AA09) EC–8287. A communication from the Attor- ney-Advisor, U.S. Coast Guard, Department (Docket No. USCG–2012–0179)) received dur- ney-Advisor, U.S. Coast Guard, Department

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00057 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.001 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15668 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 28, 2012 of Homeland Security, transmitting, pursu- ADDITIONAL COSPONSORS trepreneurial Support within the Small ant to law, the report of a rule entitled S. 833 Business Administration, and for other ‘‘Safety Zone; Chicago Air and Water Show, purposes. Lake Michigan, Chicago, IL’’ ((RIN1625– At the request of Mr. WHITEHOUSE, S. 3640 AA00) (Docket No. USCG–2012–0773)) received the name of the Senator from Alaska during adjournment of the Senate in the Of- (Mr. BEGICH) was added as a cosponsor At the request of Mr. TOOMEY, the fice of the President of the Senate on Sep- of S. 833, a bill to provide grants to name of the Senator from New York tember 26, 2012; to the Committee on Com- States to ensure that all students in (Mrs. GILLIBRAND) was added as a co- merce, Science, and Transportation. the middle grades are taught an aca- sponsor of S. 3640, a bill to amend title EC–8288. A communication from the Attor- demically rigorous curriculum with ef- 49, United States Code, to direct the ney-Advisor, U.S. Coast Guard, Department Assistant Secretary of Homeland Secu- of Homeland Security, transmitting, pursu- fective supports so that students com- plete the middle grades prepared for rity, Transportation Security Adminis- ant to law, the report of a rule entitled tration, to transfer unclaimed clothing ‘‘Safety Zone; Superior Bay, Duluth, MN’’ success in secondary school and post- ((RIN1625–AA00) (Docket No. USCG–2012– secondary endeavors, to improve State recovered at airport security check- 0729)) received during adjournment of the and district policies and programs re- points to local veterans organizations Senate in the Office of the President of the lating to the academic achievement of and other local charitable organiza- Senate on September 26, 2012; to the Com- students in the middle grades, to de- tions, and for other purposes. mittee on Commerce, Science, and Transpor- velop and implement effective middle S. RES. 600 tation. grades models for struggling students, At the request of Mrs. SHAHEEN, the EC–8289. A communication from the Attor- name of the Senator from Connecticut ney-Advisor, U.S. Coast Guard, Department and for other purposes. (Mr. BLUMENTHAL) was added as a co- of Homeland Security, transmitting, pursu- S. 1718 sponsor of S. Res. 600, a resolution sup- ant to law, the report of a rule entitled At the request of Mr. WYDEN, the porting the goals and ideals of Amer- ‘‘Safety Zone for Fireworks Display, Pamlico name of the Senator from Minnesota ican Diabetes Month. and Tar Rivers; Washington, NC’’ ((RIN1625– (Mr. FRANKEN) was added as a cospon- AA00) (Docket No. USCG–2012–0494)) received sor of S. 1718, a bill to amend title S. RES. 602 during adjournment of the Senate in the Of- At the request of Mr. AKAKA, the fice of the President of the Senate on Sep- XVIII of the Social Security Act with respect to the application of Medicare names of the Senator from Alaska (Mr. tember 26, 2012; to the Committee on Com- BEGICH) and the Senator from Alaska merce, Science, and Transportation. secondary payer rules for certain claims. (Ms. MURKOWSKI) were added as cospon- sors of S. Res. 602, a resolution desig- S. 1981 f nating 2012–2013 as the ‘‘Year of the Ko- At the request of Mr. HELLER, the rean War Veteran’’ and recognizing the INTRODUCTION OF BILLS AND names of the Senator from Tennessee 60th anniversary of the Korean War. (Mr. ALEXANDER) and the Senator from JOINT RESOLUTIONS AMENDMENT NO. 2927 Oklahoma (Mr. COBURN) were added as At the request of Mr. KYL, the name The following bills and joint resolu- cosponsors of S. 1981, a bill to provide of the Senator from Tennessee (Mr. tions were introduced, read the first that Members of Congress may not re- CORKER) was added as a cosponsor of and second times by unanimous con- ceive pay after October 1 of any fiscal amendment No. 2927 intended to be pro- sent, and referred as indicated: year in which Congress has not ap- posed to S. 3254, an original bill to au- By Mr. TOOMEY: proved a concurrent resolution on the thorize appropriations for fiscal year S. 3643. A bill to amend section 1059(e) of budget and passed the regular appro- 2013 for military activities of the De- the National Defense Authorization Act for priations bills. Fiscal Year 2006 to clarify that a period of partment of Defense, for military con- S. 3394 employment abroad by the Chief of Mission struction, and for defense activities of or United States Armed Forces as a trans- At the request of Mr. JOHNSON of the Department of Energy, to prescribe lator, interpreter, or in a security-related South Dakota, the name of the Senator military personnel strengths for such position in an executive or managerial ca- from Oregon (Mr. WYDEN) was added as fiscal year, and for other purposes. pacity is to be counted as a period of resi- a cosponsor of S. 3394, a bill to address AMENDMENT NO. 2928 dence and physical presence in the United fee disclosure requirements under the States for purposes of qualifying for natu- At the request of Mrs. MCCASKILL, Electronic Fund Transfer Act, to the name of the Senator from Montana ralization, and for other purposes; to the amend the Federal Deposit Insurance Committee on the Judiciary. (Mr. TESTER) was added as a cosponsor By Mr. COATS: Act with respect to information pro- of amendment No. 2928 intended to be S. 3644. A bill to provide for indemnifica- vided to the Bureau of Consumer Fi- proposed to S. 3254, an original bill to tion of transferees of property at any closed nancial Protection, and for other pur- authorize appropriations for fiscal year military installation; to the Committee on poses. 2013 for military activities of the De- Armed Services. S. 3461 partment of Defense, for military con- By Mr. BROWN of Ohio (for himself, At the request of Mr. BROWN of Ohio, struction, and for defense activities of Mr. TOOMEY, Mr. FRANKEN, Mr. the name of the Senator from Georgia PORTMAN, and Mr. CASEY): the Department of Energy, to prescribe (Mr. ISAKSON) was added as a cosponsor S. 3645. A bill to direct the United States military personnel strengths for such Fish and Wildlife Service, in coordination of S. 3461, a bill to amend title IV of fiscal year, and for other purposes. with the Army Corps of Engineers, the Na- the Public Health Service Act to pro- AMENDMENT NO. 2929 tional Park Service, and the United States vide for a National Pediatric Research At the request of Mrs. MCCASKILL, Geological Survey, to lead a multiagency ef- Network, including with respect to pe- the name of the Senator from Montana fort to slow the spread of Asian carp in the diatric rare diseases or conditions. (Mr. TESTER) was added as a cosponsor Upper Mississippi and Ohio River basins and S. 3560 tributaries, and for other purposes; to the of amendment No. 2929 intended to be Committee on Environment and Public At the request of Mr. WHITEHOUSE, proposed to S. 3254, an original bill to Works. the name of the Senator from Vermont authorize appropriations for fiscal year By Mr. CASEY (for himself, Mrs. (Mr. LEAHY) was added as a cosponsor 2013 for military activities of the De- HUTCHISON, Ms. MIKULSKI, Mrs. FEIN- of S. 3560, a bill to provide for scientific partment of Defense, for military con- STEIN, Mrs. GILLIBRAND, Ms. MUR- frameworks with respect to recal- struction, and for defense activities of KOWSKI, Ms. SNOWE, and Mr. LAUTEN- citrant cancers. the Department of Energy, to prescribe BERG): S. 3638 military personnel strengths for such S. 3646. A bill to require the Department of fiscal year, and for other purposes. Defense to develop a strategy to promote the At the request of Ms. LANDRIEU, the security of Afghan women and girls during name of the Senator from Iowa (Mr. AMENDMENT NO. 2930 the security transition process; to the Com- HARKIN) was added as a cosponsor of S. At the request of Mrs. MCCASKILL, mittee on Foreign Relations. 3638, a bill to establish an Office of En- the name of the Senator from Montana

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(Mr. TESTER) was added as a cosponsor (Mr. BLUMENTHAL), the Senator from original bill to authorize appropria- of amendment No. 2930 intended to be Delaware (Mr. CARPER), the Senator tions for fiscal year 2013 for military proposed to S. 3254, an original bill to from Iowa (Mr. HARKIN), the Senator activities of the Department of De- authorize appropriations for fiscal year from Vermont (Mr. SANDERS), the Sen- fense, for military construction, and 2013 for military activities of the De- ator from New Mexico (Mr. UDALL), the for defense activities of the Depart- partment of Defense, for military con- Senator from Rhode Island (Mr. REED) ment of Energy, to prescribe military struction, and for defense activities of and the Senator from Illinois (Mr. DUR- personnel strengths for such fiscal the Department of Energy, to prescribe BIN) were added as cosponsors of year, and for other purposes. military personnel strengths for such amendment No. 2957 intended to be pro- AMENDMENT NO. 2985 fiscal year, and for other purposes. posed to S. 3254, an original bill to au- At the request of Mr. UDALL of Colo- AMENDMENT NO. 2940 thorize appropriations for fiscal year rado, the names of the Senator from At the request of Mr. BLUMENTHAL, 2013 for military activities of the De- New York (Mrs. GILLIBRAND), the Sen- the names of the Senator from Rhode partment of Defense, for military con- ator from New Mexico (Mr. UDALL), the Island (Mr. WHITEHOUSE), the Senator struction, and for defense activities of Senator from North Carolina (Mrs. from Montana (Mr. TESTER), the Sen- the Department of Energy, to prescribe HAGAN), the Senator from Massachu- ator from Maine (Ms. COLLINS), the military personnel strengths for such setts (Mr. KERRY), the Senator from Senator from Oregon (Mr. WYDEN), the fiscal year, and for other purposes. Alaska (Mr. BEGICH), the Senator from Senator from New York (Mrs. GILLI- AMENDMENT NO. 2958 Minnesota (Mr. FRANKEN), the Senator BRAND) and the Senator from Vermont At the request of Mr. WEBB, the from Montana (Mr. BAUCUS), the Sen- (Mr. SANDERS) were added as cospon- names of the Senator from Connecticut ator from Delaware (Mr. COONS), the sors of amendment No. 2940 intended to (Mr. BLUMENTHAL), the Senator from Senator from Ohio (Mr. BROWN), the be proposed to S. 3254, an original bill Delaware (Mr. CARPER), the Senator Senator from Connecticut (Mr. LIEBER- to authorize appropriations for fiscal from Iowa (Mr. HARKIN), the Senator MAN), the Senator from Michigan (Ms. year 2013 for military activities of the from Vermont (Mr. SANDERS), the Sen- STABENOW), the Senator from Wash- Department of Defense, for military ator from New Mexico (Mr. UDALL), the ington (Ms. CANTWELL), the Senator construction, and for defense activities Senator from Rhode Island (Mr. REED) from New York (Mr. SCHUMER), the of the Department of Energy, to pre- and the Senator from Illinois (Mr. DUR- Senator from Illinois (Mr. DURBIN), the scribe military personnel strengths for BIN) were added as cosponsors of Senator from South Dakota (Mr. JOHN- such fiscal year, and for other pur- amendment No. 2958 intended to be pro- SON), the Senator from Colorado (Mr. poses. posed to S. 3254, an original bill to au- BENNET), the Senator from Connecticut AMENDMENT NO. 2944 thorize appropriations for fiscal year (Mr. BLUMENTHAL), the Senator from At the request of Mr. LIEBERMAN, the 2013 for military activities of the De- Rhode Island (Mr. WHITEHOUSE) and the name of the Senator from Alaska (Mr. partment of Defense, for military con- Senator from Maine (Ms. COLLINS) were BEGICH) was added as a cosponsor of struction, and for defense activities of added as cosponsors of amendment No. amendment No. 2944 intended to be pro- the Department of Energy, to prescribe 2985 proposed to S. 3254, an original bill posed to S. 3254, an original bill to au- military personnel strengths for such to authorize appropriations for fiscal thorize appropriations for fiscal year fiscal year, and for other purposes. year 2013 for military activities of the 2013 for military activities of the De- AMENDMENT NO. 2960 Department of Defense, for military partment of Defense, for military con- At the request of Mr. WYDEN, the construction, and for defense activities struction, and for defense activities of name of the Senator from Maryland of the Department of Energy, to pre- the Department of Energy, to prescribe (Ms. MIKULSKI) was added as a cospon- scribe military personnel strengths for military personnel strengths for such sor of amendment No. 2960 intended to such fiscal year, and for other pur- fiscal year, and for other purposes. be proposed to S. 3254, an original bill poses. AMENDMENT NO. 2951 to authorize appropriations for fiscal AMENDMENT NO. 2991 At the request of Mr. BEGICH, the year 2013 for military activities of the At the request of Mr. HOEVEN, the name of the Senator from South Da- Department of Defense, for military names of the Senator from North Da- kota (Mr. JOHNSON) was added as a co- construction, and for defense activities kota (Mr. CONRAD) and the Senator sponsor of amendment No. 2951 in- of the Department of Energy, to pre- from Montana (Mr. BAUCUS) were added tended to be proposed to S. 3254, an scribe military personnel strengths for as cosponsors of amendment No. 2991 original bill to authorize appropria- such fiscal year, and for other pur- intended to be proposed to S. 3254, an tions for fiscal year 2013 for military poses. original bill to authorize appropria- activities of the Department of De- AMENDMENT NO. 2981 tions for fiscal year 2013 for military fense, for military construction, and At the request of Mrs. BOXER, the activities of the Department of De- for defense activities of the Depart- names of the Senator from Maine (Ms. fense, for military construction, and ment of Energy, to prescribe military SNOWE), the Senator from Texas (Mr. for defense activities of the Depart- personnel strengths for such fiscal CORNYN) and the Senator from Illinois ment of Energy, to prescribe military year, and for other purposes. (Mr. DURBIN) were added as cosponsors personnel strengths for such fiscal AMENDMENT NO. 2952 of amendment No. 2981 intended to be year, and for other purposes. At the request of Mr. BEGICH, the proposed to S. 3254, an original bill to AMENDMENT NO. 2992 name of the Senator from Pennsyl- authorize appropriations for fiscal year At the request of Mr. HOEVEN, the vania (Mr. TOOMEY) was added as a co- 2013 for military activities of the De- names of the Senator from Montana sponsor of amendment No. 2952 in- partment of Defense, for military con- (Mr. TESTER), the Senator from North tended to be proposed to S. 3254, an struction, and for defense activities of Dakota (Mr. CONRAD) and the Senator original bill to authorize appropria- the Department of Energy, to prescribe from Montana (Mr. BAUCUS) were added tions for fiscal year 2013 for military military personnel strengths for such as cosponsors of amendment No. 2992 activities of the Department of De- fiscal year, and for other purposes. intended to be proposed to S. 3254, an fense, for military construction, and AMENDMENT NO. 2982 original bill to authorize appropria- for defense activities of the Depart- At the request of Mrs. BOXER, the tions for fiscal year 2013 for military ment of Energy, to prescribe military names of the Senator from Iowa (Mr. activities of the Department of De- personnel strengths for such fiscal HARKIN), the Senator from Maryland fense, for military construction, and year, and for other purposes. (Ms. MIKULSKI) and the Senator from for defense activities of the Depart- AMENDMENT NO. 2957 Minnesota (Mr. FRANKEN) were added ment of Energy, to prescribe military At the request of Mr. WEBB, the as cosponsors of amendment No. 2982 personnel strengths for such fiscal names of the Senator from Connecticut intended to be proposed to S. 3254, an year, and for other purposes.

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AMENDMENT NO. 2995 WHITEHOUSE) was added as a cosponsor 3254, supra; which was ordered to lie on the At the request of Mr. PORTMAN, the of amendment No. 3017 intended to be table. name of the Senator from Ohio (Mr. proposed to S. 3254, an original bill to SA 3026. Mr. TESTER (for himself, Mr. BROWN) was added as a cosponsor of authorize appropriations for fiscal year BLUMENTHAL, and Mrs. GILLIBRAND) sub- amendment No. 2995 intended to be pro- mitted an amendment intended to be pro- 2013 for military activities of the De- posed by him to the bill S. 3254, supra; which posed to S. 3254, an original bill to au- partment of Defense, for military con- was ordered to lie on the table. thorize appropriations for fiscal year struction, and for defense activities of SA 3027. Mr. TESTER (for himself and Mr. 2013 for military activities of the De- the Department of Energy, to prescribe CHAMBLISS) submitted an amendment in- partment of Defense, for military con- military personnel strengths for such tended to be proposed by him to the bill S. struction, and for defense activities of fiscal year, and for other purposes. 3254, supra; which was ordered to lie on the table. the Department of Energy, to prescribe AMENDMENT NO. 3018 military personnel strengths for such SA 3028. Mr. TESTER submitted an amend- At the request of Mrs. FEINSTEIN, the fiscal year, and for other purposes. ment intended to be proposed by him to the names of the Senator from Montana bill S. 3254, supra; which was ordered to lie AMENDMENT NO. 2997 (Mr. TESTER), the Senator from South on the table. At the request of Mr. CASEY, the Dakota (Mr. JOHNSON), the Senator SA 3029. Mr. TESTER submitted an amend- names of the Senator from Montana from Vermont (Mr. SANDERS), the Sen- ment intended to be proposed by him to the (Mr. TESTER), the Senator from ator from Rhode Island (Mr. WHITE- bill S. 3254, supra; which was ordered to lie Vermont (Mr. LEAHY), the Senator on the table. HOUSE), the Senator from Nevada (Mr. from Oregon (Mr. WYDEN) and the Sen- SA 3030. Mr. LAUTENBERG submitted an HELLER) and the Senator from Mon- ator from Maryland (Ms. MIKULSKI) amendment intended to be proposed by him tana (Mr. BAUCUS) were added as co- were added as cosponsors of amend- to the bill S. 3254, supra; which was ordered sponsors of amendment No. 3018 in- ment No. 2997 intended to be proposed to lie on the table. tended to be proposed to S. 3254, an SA 3031. Mr. BLUMENTHAL submitted an to S. 3254, an original bill to authorize original bill to authorize appropria- amendment intended to be proposed by him appropriations for fiscal year 2013 for tions for fiscal year 2013 for military to the bill S. 3254, supra; which was ordered military activities of the Department activities of the Department of De- to lie on the table. of Defense, for military construction, fense, for military construction, and SA 3032. Mr. ROBERTS (for himself and and for defense activities of the De- Mr. MORAN) submitted an amendment in- for defense activities of the Depart- partment of Energy, to prescribe mili- tended to be proposed by him to the bill S. ment of Energy, to prescribe military tary personnel strengths for such fiscal 3254, supra; which was ordered to lie on the year, and for other purposes. personnel strengths for such fiscal table. year, and for other purposes. SA 3033. Mr. KYL (for himself and Mr. AMENDMENT NO. 2998 At the request of Ms. COLLINS, the CORKER) submitted an amendment intended At the request of Ms. AYOTTE, the name of the Senator from South Caro- to be proposed by him to the bill S. 3254, name of the Senator from Illinois (Mr. lina (Mr. DEMINT) was added as a co- supra; which was ordered to lie on the table. KIRK) was added as a cosponsor of sponsor of amendment No. 3018 in- SA 3034. Mr. BROWN of Massachusetts (for amendment No. 2998 intended to be pro- himself and Mr. KERRY) submitted an amend- posed to S. 3254, an original bill to au- tended to be proposed to S. 3254, supra. ment intended to be proposed by him to the thorize appropriations for fiscal year At the request of Mr. WEBB, his name bill S. 3254, supra; which was ordered to lie 2013 for military activities of the De- was added as a cosponsor of amend- on the table. partment of Defense, for military con- ment No. 3018 intended to be proposed SA 3035. Mr. BROWN of Massachusetts sub- to S. 3254, supra. mitted an amendment intended to be pro- struction, and for defense activities of posed by him to the bill S. 3254, supra; which the Department of Energy, to prescribe f was ordered to lie on the table. military personnel strengths for such AMENDMENTS SUBMITTED AND SA 3036. Mr. BROWN of Massachusetts sub- fiscal year, and for other purposes. PROPOSED mitted an amendment intended to be pro- AMENDMENT NO. 3009 posed by him to the bill S. 3254, supra; which At the request of Mr. SESSIONS, the SA 3019. Mr. AKAKA submitted an amend- was ordered to lie on the table. names of the Senator from Virginia ment intended to be proposed by him to the SA 3037. Mr. BROWN of Massachusetts sub- bill S. 3254, to authorize appropriations for mitted an amendment intended to be pro- (Mr. WEBB) and the Senator from fiscal year 2013 for military activities of the posed by him to the bill S. 3254, supra; which South Carolina (Mr. GRAHAM) were Department of Defense, for military con- was ordered to lie on the table. added as cosponsors of amendment No. struction, and for defense activities of the SA 3038. Ms. COLLINS (for herself, Mr. LIE- 3009 intended to be proposed to S. 3254, Department of Energy, to prescribe military BERMAN, and Mr. BLUMENTHAL) submitted an an original bill to authorize appropria- personnel strengths for such fiscal year, and amendment intended to be proposed by her tions for fiscal year 2013 for military for other purposes; which was ordered to lie to the bill S. 3254, supra; which was ordered activities of the Department of De- on the table. to lie on the table. fense, for military construction, and SA 3020. Mr. AKAKA submitted an amend- SA 3039. Ms. COLLINS (for herself, Mr. LIE- for defense activities of the Depart- ment intended to be proposed by him to the BERMAN, and Mr. BLUMENTHAL) submitted an ment of Energy, to prescribe military bill S. 3254, supra; which was ordered to lie amendment intended to be proposed by her on the table. to the bill S. 3254, supra; which was ordered personnel strengths for such fiscal SA 3021. Mr. CARDIN submitted an amend- to lie on the table. year, and for other purposes. ment intended to be proposed by him to the SA 3040. Ms. COLLINS (for herself and Mr. AMENDMENT NO. 3016 bill S. 3254, supra; which was ordered to lie LIEBERMAN) submitted an amendment in- At the request of Mrs. GILLIBRAND, on the table. tended to be proposed by her to the bill S. the names of the Senator from Texas SA 3022. Mr. CARDIN submitted an amend- 3254, supra; which was ordered to lie on the (Mr. CORNYN) and the Senator from ment intended to be proposed by him to the table. bill S. 3254, supra; which was ordered to lie SA 3041. Ms. COLLINS (for herself and Mr. Maryland (Ms. MIKULSKI) were added as on the table. LIEBERMAN) submitted an amendment in- cosponsors of amendment No. 3016 pro- SA 3023. Mr. CARDIN submitted an amend- tended to be proposed by her to the bill S. posed to S. 3254, an original bill to au- ment intended to be proposed by him to the 3254, supra; which was ordered to lie on the thorize appropriations for fiscal year bill S. 3254, supra; which was ordered to lie table. 2013 for military activities of the De- on the table. SA 3042. Ms. COLLINS (for herself, Mrs. partment of Defense, for military con- SA 3024. Mr. CARDIN submitted an amend- SHAHEEN, Mr. PORTMAN, Mr. UDALL of Colo- struction, and for defense activities of ment intended to be proposed by him to the rado, Ms. SNOWE, and Mr. WICKER) submitted the Department of Energy, to prescribe bill S. 3254, supra; which was ordered to lie an amendment intended to be proposed by military personnel strengths for such on the table. her to the bill S. 3254, supra; which was or- SA 3025. Mr. CARDIN (for himself, Mr. dered to lie on the table. fiscal year, and for other purposes. AKAKA, Ms. MIKULSKI, Mr. BEGICH, Mr. DUR- SA 3043. Ms. COLLINS (for herself, Mrs. AMENDMENT NO. 3017 BIN, Mr. BROWN of Ohio, Mrs. MCCASKILL, and SHAHEEN, Mr. PORTMAN, Mr. UDALL of Colo- At the request of Mr. REED, the name Mr. HARKIN) submitted an amendment in- rado, Ms. SNOWE, and Mr. WICKER) submitted of the Senator from Rhode Island (Mr. tended to be proposed by him to the bill S. an amendment intended to be proposed by

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00060 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.001 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15671 her to the bill S. 3254, supra; which was or- SA 3060. Mr. TOOMEY (for himself and Mr. tended to be proposed by him to the bill S. dered to lie on the table. BURR) submitted an amendment intended to 3254, supra; which was ordered to lie on the SA 3044. Ms. COLLINS (for herself, Mr. be proposed by him to the bill S. 3254, supra; table. KERRY, Mr. BROWN of Massachusetts, Mr. which was ordered to lie on the table. SA 3080. Ms. AYOTTE submitted an BLUMENTHAL, Mr. WHITEHOUSE, Ms. SNOWE, SA 3061. Mr. TOOMEY submitted an amendment intended to be proposed by her Mr. BROWN of Ohio, and Mr. REED) submitted amendment intended to be proposed by him to the bill S. 3254, supra; which was ordered an amendment intended to be proposed by to the bill S. 3254, supra; which was ordered to lie on the table. her to the bill S. 3254, supra; which was or- to lie on the table. SA 3081. Mr. BARRASSO (for himself and dered to lie on the table. SA 3062. Mr. TOOMEY submitted an Mr. ENZI) submitted an amendment intended SA 3045. Ms. COLLINS (for herself, Mr. amendment intended to be proposed by him to be proposed by him to the bill S. 3254, KERRY, Mr. BROWN of Massachusetts, Mr. to the bill S. 3254, supra; which was ordered supra; which was ordered to lie on the table. BLUMENTHAL, Mr. WHITEHOUSE, Ms. SNOWE, to lie on the table. SA 3082. Mr. BARRASSO (for himself and and Mr. BROWN of Ohio) submitted an amend- SA 3063. Mr. TOOMEY submitted an Mr. ENZI) submitted an amendment intended ment intended to be proposed by her to the amendment intended to be proposed by him to be proposed by him to the bill S. 3254, bill S. 3254, supra; which was ordered to lie to the bill S. 3254, supra; which was ordered supra; which was ordered to lie on the table. on the table. to lie on the table. SA 3083. Mr. BARRASSO (for himself, Mr. SA 3046. Mr. BOOZMAN submitted an SA 3064. Mr. TOOMEY (for himself and Mr. HOEVEN, Mr. ENZI, Mr. TESTER, Mr. HATCH, amendment intended to be proposed by him CASEY) submitted an amendment intended to Mr. CONRAD, and Mr. BAUCUS) submitted an to the bill S. 3254, supra; which was ordered be proposed by him to the bill S. 3254, supra; amendment intended to be proposed by him to lie on the table. which was ordered to lie on the table. to the bill S. 3254, supra; which was ordered SA 3047. Mr. REID submitted an amend- SA 3065. Mr. TOOMEY submitted an to lie on the table. ment intended to be proposed by him to the amendment intended to be proposed by him SA 3084. Mr. BARRASSO (for himself and bill S. 3254, supra; which was ordered to lie to the bill S. 3254, supra; which was ordered Mr. ENZI) submitted an amendment intended on the table. to lie on the table. to be proposed by him to the bill S. 3254, SA 3048. Mr. REID submitted an amend- SA 3066. Mr. TOOMEY submitted an supra; which was ordered to lie on the table. ment intended to be proposed by him to the amendment intended to be proposed by him SA 3085. Mr. VITTER submitted an amend- bill S. 3254, supra; which was ordered to lie to the bill S. 3254, supra; which was ordered ment intended to be proposed by him to the on the table. to lie on the table. bill S. 3254, supra; which was ordered to lie SA 3049. Mr. UDALL of New Mexico (for SA 3067. Mr. CORNYN submitted an on the table. himself, Mr. CORKER, Mr. SCHUMER, Ms. amendment intended to be proposed by him SA 3086. Mr. VITTER submitted an amend- SNOWE, Mr. BINGAMAN, Mrs. MCCASKILL, Mr. to the bill S. 3254, supra; which was ordered ment intended to be proposed by him to the WYDEN, and Mr. MERKLEY) submitted an to lie on the table. bill S. 3254, supra; which was ordered to lie amendment intended to be proposed by him SA 3068. Mr. CORNYN (for himself, Mr. on the table. to the bill S. 3254, supra; which was ordered SA 3087. Mr. VITTER submitted an amend- MENENDEZ, and Mr. INHOFE) submitted an ment intended to be proposed by him to the to lie on the table. amendment intended to be proposed by him CCAIN submitted an amend- bill S. 3254, supra; which was ordered to lie SA 3050. Mr. M to the bill S. 3254, supra; which was ordered ment intended to be proposed by him to the on the table. to lie on the table. bill S. 3254, supra; which was ordered to lie SA 3088. Mr. CASEY (for himself, Mrs. SA 3069. Mr. CORNYN submitted an on the table. HUTCHISON, Ms. MIKULSKI, Mrs. FEINSTEIN, amendment intended to be proposed by him SA 3051. Mr. MCCAIN (for himself, Mr. Mrs. GILLIBRAND, Ms. MURKOWSKI, Ms. to the bill S. 3254, supra; which was ordered PORTMAN, Mr. WEBB, Mr. INHOFE, Ms. SNOWE, Mr. LAUTENBERG, and Mr. CARDIN) to lie on the table. AYOTTE, Mr. BROWN of Massachusetts, and submitted an amendment intended to be pro- SA 3070. Mr. SHELBY submitted an amend- Mr. CORNYN) submitted an amendment in- posed by him to the bill S. 3254, supra; which ment intended to be proposed by him to the tended to be proposed by him to the bill S. was ordered to lie on the table. bill S. 3254, supra; which was ordered to lie 3254, supra. SA 3089. Mr. LIEBERMAN (for himself, Ms. on the table. SA 3052. Mr. MCCAIN submitted an amend- COLLINS, Mr. CARPER, and Mr. BROWN of Mas- ment intended to be proposed by him to the SA 3071. Ms. COLLINS submitted an sachusetts) submitted an amendment in- bill S. 3254, supra; which was ordered to lie amendment intended to be proposed by her tended to be proposed by him to the bill S. on the table. to the bill S. 3254, supra; which was ordered 3254, supra; which was ordered to lie on the to lie on the table. SA 3053. Mr. MCCAIN (for himself, Mrs. table. SA 3072. Mr. INHOFE submitted an amend- FEINSTEIN, Mr. NELSON of Florida, Mr. SA 3090. Mr. LIEBERMAN (for himself, Ms. ment intended to be proposed by him to the JOHANNS, and Mrs. BOXER) submitted an COLLINS, Mr. CARPER, and Mr. BROWN of Mas- amendment intended to be proposed by him bill S. 3254, supra; which was ordered to lie sachusetts) submitted an amendment in- to the bill S. 3254, supra; which was ordered on the table. tended to be proposed by him to the bill S. to lie on the table. SA 3073. Mr. NELSON of Florida submitted 3254, supra; which was ordered to lie on the SA 3054. Mr. MCCAIN submitted an amend- an amendment intended to be proposed by table. ment intended to be proposed by him to the him to the bill S. 3254, supra; which was or- SA 3091. Mr. MCCAIN submitted an amend- bill S. 3254, supra; which was ordered to lie dered to lie on the table. ment intended to be proposed by him to the on the table. SA 3074. Mr. NELSON of Florida (for him- bill S. 3254, supra; which was ordered to lie SA 3055. Mr. MANCHIN (for himself and self and Mr. RUBIO) submitted an amendment on the table. Mrs. BOXER) submitted an amendment in- intended to be proposed by him to the bill S. SA 3092. Mr. RISCH submitted an amend- tended to be proposed by him to the bill S. 3254, supra; which was ordered to lie on the ment intended to be proposed by him to the 3254, supra; which was ordered to lie on the table. bill S. 3254, supra; which was ordered to lie table. SA 3075. Mr. WHITEHOUSE submitted an on the table. SA 3056. Mrs. HAGAN submitted an amend- amendment intended to be proposed by him SA 3093. Mr. RISCH submitted an amend- ment intended to be proposed by her to the to the bill S. 3254, supra; which was ordered ment intended to be proposed by him to the bill S. 3254, supra; which was ordered to lie to lie on the table. bill S. 3254, supra; which was ordered to lie on the table. SA 3076. Mr. LIEBERMAN (for himself, Ms. on the table. SA 3057. Mr. CASEY (for himself and Mr. COLLINS, Mr. CARPER, and Mr. BROWN of Mas- SA 3094. Mr. RISCH submitted an amend- WARNER) submitted an amendment intended sachusetts) submitted an amendment in- ment intended to be proposed by him to the to be proposed by him to the bill S. 3254, tended to be proposed by him to the bill S. bill S. 3254, supra; which was ordered to lie supra; which was ordered to lie on the table. 3254, supra; which was ordered to lie on the on the table. SA 3058. Mrs. GILLIBRAND (for herself, table. SA 3095. Mrs. HAGAN (for herself, Mr. Mr. LIEBERMAN, Mr. BLUMENTHAL, Mr. SA 3077. Mr. LIEBERMAN (for himself, Ms. JOHNSON of South Dakota, Mrs. MURRAY, and KERRY, Mr. BROWN of Massachusetts, Mr. COLLINS, Mr. CARPER, and Mr. BROWN of Mas- Mr. UDALL of Colorado) submitted an amend- BEGICH, Mr. MENENDEZ, Mr. SANDERS, Mr. sachusetts) submitted an amendment in- ment intended to be proposed by her to the AKAKA, Ms. MIKULSKI, Mr. LEAHY, and Mr. tended to be proposed by him to the bill S. bill S. 3254, supra; which was ordered to lie BROWN of Ohio) submitted an amendment in- 3254, supra; which was ordered to lie on the on the table. tended to be proposed by her to the bill S. table. SA 3096. Mr. MERKLEY (for himself, Mr. 3254, supra; which was ordered to lie on the SA 3078. Mrs. HUTCHISON submitted an PAUL, and Mr. MANCHIN) submitted an table. amendment intended to be proposed by her amendment intended to be proposed by him SA 3059. Mr. TOOMEY submitted an to the bill S. 3254, supra; which was ordered to the bill S. 3254, supra; which was ordered amendment intended to be proposed by him to lie on the table. to lie on the table. to the bill S. 3254, supra; which was ordered SA 3079. Mr. GRASSLEY (for himself and SA 3097. Mrs. SHAHEEN submitted an to lie on the table. Mr. COONS) submitted an amendment in- amendment intended to be proposed by her

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00061 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.001 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15672 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 28, 2012 to the bill S. 3254, supra; which was ordered ment intended to be proposed by him to the to be proposed by him to the bill S. 3254, to lie on the table. bill S. 3254, supra; which was ordered to lie supra; which was ordered to lie on the table. SA 3098. Mrs. SHAHEEN (for herself and on the table. SA 3135. Ms. MURKOWSKI submitted an Ms. AYOTTE) submitted an amendment in- SA 3117. Mr. HATCH (for himself, Mr. amendment intended to be proposed by her tended to be proposed by her to the bill S. CHAMBLISS, and Mr. LEE) submitted an to the bill S. 3254, supra; which was ordered 3254, supra; which was ordered to lie on the amendment intended to be proposed by him to lie on the table. table. to the bill S. 3254, supra; which was ordered SA 3136. Ms. MURKOWSKI submitted an SA 3099. Mrs. MURRAY (for herself, Ms. to lie on the table. amendment intended to be proposed by her MIKULSKI, Mr. DURBIN, and Mr. BAUCUS) sub- SA 3118. Mr. PAUL submitted an amend- to the bill S. 3254, supra; which was ordered mitted an amendment intended to be pro- ment intended to be proposed by him to the to lie on the table. posed by her to the bill S. 3254, supra. bill S. 3254, supra; which was ordered to lie SA 3137. Ms. MURKOWSKI submitted an SA 3100. Mr. JOHNSON of South Dakota on the table. amendment intended to be proposed by her submitted an amendment intended to be pro- SA 3119. Mr. PAUL submitted an amend- to the bill S. 3254, supra; which was ordered posed by him to the bill S. 3254, supra; which ment intended to be proposed by him to the to lie on the table. was ordered to lie on the table. bill S. 3254, supra; which was ordered to lie SA 3138. Ms. MURKOWSKI submitted an SA 3101. Mr. JOHNSON of South Dakota on the table. amendment intended to be proposed by her submitted an amendment intended to be pro- SA 3120. Mr. THUNE submitted an amend- to the bill S. 3254, supra; which was ordered posed by him to the bill S. 3254, supra; which ment intended to be proposed by him to the to lie on the table. was ordered to lie on the table. bill S. 3254, supra; which was ordered to lie SA 3139. Mr. BARRASSO (for himself, Mr. SA 3102. Ms. KLOBUCHAR (for herself and on the table. LEE, and Mr. INHOFE) submitted an amend- Ms. SNOWE) submitted an amendment in- SA 3121. Mr. WICKER submitted an amend- ment intended to be proposed by him to the tended to be proposed by her to the bill S. ment intended to be proposed by him to the bill S. 3254, supra; which was ordered to lie 3254, supra; which was ordered to lie on the bill S. 3254, supra; which was ordered to lie on the table. table. on the table. SA 3140. Mr. WARNER submitted an SA 3103. Ms. KLOBUCHAR (for herself and SA 3122. Mr. WICKER submitted an amend- amendment intended to be proposed by him Ms. SNOWE) submitted an amendment in- ment intended to be proposed by him to the to the bill S. 3254, supra; which was ordered tended to be proposed by her to the bill S. bill S. 3254, supra; which was ordered to lie to lie on the table. 3254, supra; which was ordered to lie on the on the table. SA 3141. Mr. WARNER submitted an amendment intended to be proposed by him table. SA 3123. Mr. KYL (for himself, Mr. LIEBER- to the bill S. 3254, supra; which was ordered SA 3104. Ms. KLOBUCHAR (for herself and MAN, Mr. INHOFE, Mr. RISCH, Mr. LUGAR, Mr. to lie on the table. Ms. SNOWE) submitted an amendment in- DEMINT, Mr. CORNYN, Mr. RUBIO, Mr. WICKER, SA 3142. Mr. PORTMAN submitted an tended to be proposed by her to the bill S. Ms. AYOTTE, Ms. COLLINS, Mr. SESSIONS, Mr. amendment intended to be proposed by him 3254, supra; which was ordered to lie on the VITTER, and Mr. CORKER) proposed an amend- to the bill S. 3254, supra; which was ordered table. ment to the bill S. 3254, supra. to lie on the table. SA 3105. Ms. KLOBUCHAR (for herself and SA 3124. Mr. BLUMENTHAL (for himself, SA 3143. Ms. MURKOWSKI submitted an Ms. SNOWE) submitted an amendment in- Mr. PORTMAN, Mr. LIEBERMAN, Ms. COLLINS, amendment intended to be proposed by her tended to be proposed by her to the bill S. Mr. FRANKEN, Mrs. GILLIBRAND, Mr. LAUTEN- to the bill S. 3254, supra; which was ordered 3254, supra; which was ordered to lie on the BERG, Mrs. HUTCHISON, Mr. RUBIO, Mr. to lie on the table. table. BEGICH, and Mr. TESTER) submitted an SA 3144. Mr. WEBB (for himself, Mr. BROWN SA 3106. Ms. KLOBUCHAR (for herself and amendment intended to be proposed by him of Massachusetts, and Mr. LIEBERMAN) sub- Ms. SNOWE) submitted an amendment in- to the bill S. 3254, supra; which was ordered mitted an amendment intended to be pro- tended to be proposed by her to the bill S. to lie on the table. posed by him to the bill S. 3254, supra; which 3254, supra; which was ordered to lie on the SA 3125. Mr. BLUMENTHAL (for himself was ordered to lie on the table. table. and Mrs. GILLIBRAND) submitted an amend- SA 3145. Mr. WARNER submitted an SA 3107. Mr. COBURN submitted an ment intended to be proposed by him to the amendment intended to be proposed by him amendment intended to be proposed by him bill S. 3254, supra; which was ordered to lie to the bill S. 3254, supra; which was ordered to the bill S. 3254, supra; which was ordered on the table. to lie on the table. to lie on the table. SA 3126. Mr. WARNER submitted an SA 3146. Mr. WARNER (for himself and Mr. SA 3108. Mr. COBURN submitted an amendment intended to be proposed by him CORNYN) submitted an amendment intended amendment intended to be proposed by him to the bill S. 3254, supra; which was ordered to be proposed by him to the bill S. 3254, to the bill S. 3254, supra; which was ordered to lie on the table. supra; which was ordered to lie on the table. to lie on the table. SA 3127. Mr. WARNER submitted an SA 3147. Mr. HARKIN submitted an amend- SA 3109. Mr. COBURN submitted an amendment intended to be proposed by him ment intended to be proposed by him to the amendment intended to be proposed by him to the bill S. 3254, supra; which was ordered bill S. 3254, supra; which was ordered to lie to the bill S. 3254, supra; which was ordered to lie on the table. on the table. to lie on the table. SA 3128. Mr. WARNER submitted an SA 3148. Mr. HARKIN submitted an amend- SA 3110. Mr. COBURN submitted an amendment intended to be proposed by him ment intended to be proposed by him to the amendment intended to be proposed by him to the bill S. 3254, supra; which was ordered bill S. 3254, supra; which was ordered to lie to the bill S. 3254, supra; which was ordered to lie on the table. on the table. to lie on the table. SA 3129. Mr. LAUTENBERG (for himself SA 3149. Mr. UDALL of New Mexico (for SA 3111. Mr. COBURN (for himself and Mr. and Mr. RUBIO) submitted an amendment in- himself and Mr. BINGAMAN) submitted an MANCHIN) submitted an amendment intended tended to be proposed by him to the bill S. amendment intended to be proposed by him to be proposed by him to the bill S. 3254, 3254, supra; which was ordered to lie on the to the bill S. 3254, supra; which was ordered supra; which was ordered to lie on the table. table. to lie on the table. SA 3112. Mr. BROWN of Ohio (for himself SA 3130. Mr. LAUTENBERG (for himself SA 3150. Mr. UDALL of New Mexico (for and Mr. BOOZMAN) submitted an amendment and Mr. RUBIO) submitted an amendment in- himself, Mr. SCHUMER, and Mr. BINGAMAN) intended to be proposed by him to the bill S. tended to be proposed by him to the bill S. submitted an amendment intended to be pro- 3254, supra; which was ordered to lie on the 3254, supra; which was ordered to lie on the posed by him to the bill S. 3254, supra; which table. table. was ordered to lie on the table. SA 3113. Mr. BROWN of Ohio submitted an SA 3131. Mr. COBURN submitted an SA 3151. Mr. UDALL of New Mexico (for amendment intended to be proposed by him amendment intended to be proposed by him himself and Mr. BINGAMAN) submitted an to the bill S. 3254, supra; which was ordered to the bill S. 3254, supra; which was ordered amendment intended to be proposed by him to lie on the table. to lie on the table. to the bill S. 3254, supra; which was ordered SA 3114. Mr. LEVIN submitted an amend- SA 3132. Mr. COONS submitted an amend- to lie on the table. ment intended to be proposed by him to the ment intended to be proposed by him to the SA 3152. Mr. UDALL of New Mexico (for bill S. 3254, supra; which was ordered to lie bill S. 3254, supra; which was ordered to lie himself and Mr. BINGAMAN) submitted an on the table. on the table. amendment intended to be proposed by him SA 3115. Mr. UDALL of Colorado (for him- SA 3133. Ms. SNOWE (for herself, Ms. LAN- to the bill S. 3254, supra; which was ordered self and Mr. LEAHY) submitted an amend- DRIEU, Mr. COBURN, and Mr. KERRY) sub- to lie on the table. ment intended to be proposed by him to the mitted an amendment intended to be pro- SA 3153. Mr. UDALL of New Mexico (for bill S. 3254, supra; which was ordered to lie posed by her to the bill S. 3254, supra; which himself and Mr. BINGAMAN) submitted an on the table. was ordered to lie on the table. amendment intended to be proposed by him SA 3116. Mr. UDALL of Colorado (for him- SA 3134. Mr. DEMINT (for himself and Mr. to the bill S. 3254, supra; which was ordered self and Mr. LEAHY) submitted an amend- CORKER) submitted an amendment intended to lie on the table.

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00062 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.001 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15673 SA 3154. Mr. UDALL of New Mexico (for SA 3174. Ms. MURKOWSKI submitted an SA 3020. Mr. AKAKA submitted an himself and Mr. BINGAMAN) submitted an amendment intended to be proposed by her amendment intended to be proposed by amendment intended to be proposed by him to the bill S. 3254, supra; which was ordered him to the bill S. 3254, to authorize ap- to the bill S. 3254, supra; which was ordered to lie on the table. propriations for fiscal year 2013 for to lie on the table. SA 3175. Mr. RUBIO submitted an amend- SA 3155. Ms. MURKOWSKI submitted an ment intended to be proposed by him to the military activities of the Department amendment intended to be proposed by her bill S. 3254, supra; which was ordered to lie of Defense, for military construction, to the bill S. 3254, supra; which was ordered on the table. and for defense activities of the De- to lie on the table. SA 3176. Mr. RUBIO submitted an amend- partment of Energy, to prescribe mili- SA 3156. Ms. MURKOWSKI submitted an ment intended to be proposed by him to the tary personnel strengths for such fiscal amendment intended to be proposed by her bill S. 3254, supra; which was ordered to lie year, and for other purposes; which was to the bill S. 3254, supra; which was ordered on the table. ordered to lie on the table; as follows: to lie on the table. SA 3177. Mr. RUBIO submitted an amend- SA 3157. Ms. MURKOWSKI submitted an ment intended to be proposed by him to the Strike section 941 and insert the following: amendment intended to be proposed by her bill S. 3254, supra; which was ordered to lie SEC. 941. NATIONAL LANGUAGE SERVICE CORPS. to the bill S. 3254, supra; which was ordered on the table. (a) AUTHORITY TO ESTABLISH.—The David to lie on the table. SA 3178. Mrs. HUTCHISON submitted an L. Boren National Security Education Act of SA 3158. Mr. CORNYN submitted an amendment intended to be proposed by her 1991 (50 U.S.C. 1901 et seq.) is amended by amendment intended to be proposed by him to the bill S. 3254, supra; which was ordered adding at the end the following new section: to the bill S. 3254, supra; which was ordered to lie on the table. ‘‘SEC. 813. NATIONAL LANGUAGE SERVICE CORPS. to lie on the table. SA 3179. Mr. BENNET (for himself, Mr. ‘‘(a) ESTABLISHMENT.—(1) The Secretary of SA 3159. Mr. GRAHAM submitted an WARNER, and Mr. RUBIO) submitted an Defense may establish and maintain within amendment intended to be proposed by him amendment intended to be proposed by him the Department of Defense a National Lan- to the bill S. 3254, supra; which was ordered to the bill S. 3254, supra; which was ordered guage Service Corps (in this section referred to lie on the table. to lie on the table. to as the ‘Corps’). SA 3160. Mr. BROWN of Massachusetts sub- SA 3180. Mr. WHITEHOUSE submitted an ‘‘(2) The purpose of the Corps is to provide mitted an amendment intended to be pro- amendment intended to be proposed by him a pool of personnel with foreign language posed by him to the bill S. 3254, supra; which to the bill S. 3254, supra; which was ordered skills who, as provided in regulations pre- was ordered to lie on the table. to lie on the table. scribed under this section, agree to provide SA 3161. Mr. CONRAD submitted an SA 3181. Mr. WHITEHOUSE (for himself, foreign language services to the Department amendment intended to be proposed by him Mr. MENENDEZ, Mr. MERKLEY, Mr. LAUTEN- of Defense or another department or agency to the bill S. 3254, supra; which was ordered BERG, and Mrs. BOXER) submitted an amend- of the United States. to lie on the table. ment intended to be proposed by him to the ‘‘(b) NATIONAL SECURITY EDUCATION SA 3162. Mr. CONRAD submitted an bill S. 3254, supra; which was ordered to lie BOARD.—If the Corps is established, the Sec- amendment intended to be proposed by him on the table. retary shall provide for the National Secu- to the bill S. 3254, supra; which was ordered SA 3182. Mr. SANDERS submitted an rity Education Board to oversee and coordi- to lie on the table. amendment intended to be proposed by him nate the activities of the Corps to such ex- SA 3163. Mr. WARNER submitted an to the bill S. 3254, supra; which was ordered tent and in such manner as determined by amendment intended to be proposed by him to lie on the table. the Secretary under paragraph (9) of section to the bill S. 3254, supra; which was ordered SA 3183. Mr. SANDERS submitted an 803(d). to lie on the table. amendment intended to be proposed by him SA 3164. Mr. LEVIN submitted an amend- ‘‘(c) MEMBERSHIP.—To be eligible for mem- to the bill S. 3254, supra; which was ordered ment intended to be proposed by him to the bership in the Corps, a person must be a cit- to lie on the table. bill S. 3254, supra; which was ordered to lie izen of the United States authorized by law SA 3184. Mr. CARPER submitted an amend- on the table. to be employed in the United States, have SA 3165. Mr. REED (for himself and Mr. ment intended to be proposed by him to the attained the age of 18 years, and possess such bill S. 3254, supra; which was ordered to lie foreign language skills as the Secretary con- JOHANNS) submitted an amendment intended to be proposed by him to the bill S. 3254, on the table. siders appropriate for membership in the supra; which was ordered to lie on the table. SA 3185. Mr. LEE submitted an amendment Corps. SA 3166. Mr. MANCHIN submitted an intended to be proposed by him to the bill S. ‘‘(d) TRAINING.—The Secretary may provide amendment intended to be proposed by him 3254, supra; which was ordered to lie on the members of the Corps such training as the to the bill S. 3254, supra; which was ordered table. Secretary prescribes for purposes of this sec- to lie on the table. SA 3186. Mr. COBURN submitted an amend- tion. SA 3167. Mr. LIEBERMAN submitted an ment intended to be proposed by him to the ‘‘(e) SERVICE.—Upon a determination that amendment intended to be proposed by him bill S. 3254, supra; which was ordered to lie it is in the national interests of the United to the bill S. 3254, supra; which was ordered on the table. States, the Secretary shall call upon mem- to lie on the table. SA 3187. Mr. COCHRAN submitted an bers of the Corps to provide foreign language SA 3168. Mr. NELSON of Nebraska (for amendment intended to be proposed by him services to the Department of Defense or an- himself and Mr. KIRK) submitted an amend- to the bill S. 3254, supra; which was ordered other department or agency of the United ment intended to be proposed by him to the to lie on the table. States. bill S. 3254, supra; which was ordered to lie f ‘‘(f) FUNDING.—The Secretary may impose on the table. fees, in amounts up to full-cost recovery, for SA 3169. Mr. COBURN submitted an amend- TEXT OF AMENDMENTS language services and technical assistance ment intended to be proposed by him to the SA 3019. Mr. AKAKA submitted an rendered by members of the Corps. Amounts bill S. 3254, supra; which was ordered to lie amendment intended to be proposed by of fees received under this section shall be credited to the account of the Department on the table. him to the bill S. 3254, to authorize ap- SA 3170. Mr. COBURN submitted an providing funds for any costs incurred by the amendment intended to be proposed by him propriations for fiscal year 2013 for Department in connection with the Corps. to the bill S. 3254, supra; which was ordered military activities of the Department Amounts so credited to such account shall be to lie on the table. of Defense, for military construction, merged with amounts in such account, and SA 3171. Mr. HATCH (for himself, Mr. ROB- and for defense activities of the De- shall be available to the same extent, and ERTS, Mr. CHAMBLISS, Mr. BARRASSO, Mr. partment of Energy, to prescribe mili- subject to the same conditions and limita- INHOFE, Mr. WICKER, Mr. LEE, Mr. COBURN, tary personnel strengths for such fiscal tions, as amounts in such account. Any Mr. RISCH, and Mr. RUBIO) submitted an year, and for other purposes; which was amounts so credited shall remain available until expended.’’. amendment intended to be proposed by him ordered to lie on the table; as follows: to the bill S. 3254, supra; which was ordered (b) NATIONAL SECURITY EDUCATION BOARD to lie on the table. At the end of subtitle H of title X, add the MATTERS.— SA 3172. Mr. CORKER submitted an amend- following: (1) COMPOSITION.—Subsection (b) of section ment intended to be proposed by him to the SEC. 1084. STATE TRADE AND EXPORT PRO- 803 of such Act (50 U.S.C. 1903) is amended— bill S. 3254, supra; which was ordered to lie MOTION GRANT PROGRAM. (A) by striking paragraph (5); on the table. Section 1207(a)(5) of the Small Business (B) by redesignating paragraphs (6) and (7) SA 3173. Mr. COBURN submitted an Jobs Act of 2010 (15 U.S.C. 649b note) is as paragraphs (8) and (9), respectively; and amendment intended to be proposed by him amended by inserting after ‘‘Guam,’’ the fol- (C) by inserting after paragraph (4) the fol- to the bill S. 3254, supra; which was ordered lowing: ‘‘the Commonwealth of the Northern lowing new paragraphs: to lie on the table. Mariana Islands,’’. ‘‘(5) The Secretary of Homeland Security.

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The Secretary (2) FUNCTIONS.—Subsection (d) of such sec- year, and for other purposes; which was shall submit to the congressional defense tion is amended by adding at the end the fol- committees the reports required by sub- lowing new paragraphs: ordered to lie on the table; as follows: section (e) with respect to the implementa- ‘‘(9) To the extent provided by the Sec- On page 405, line 4, strike ‘‘Section’’ and tion of the provisions of this section regard- retary of Defense, oversee and coordinate the insert the following: ing the Coast Guard when it is not operating activities of the National Language Service (a) SENSE OF THE SENATE.—It is the sense as a service in the Navy. Corps under section 813, including proposing of the Senate that— regulations to carry out that section. (1) the Senate is deeply concerned with the SA 3025. Mr. CARDIN (for himself, ‘‘(10) Assess on a periodic basis the needs dramatic rise in conflict-induced displace- Mr. AKAKA, Ms. MIKULSKI, Mr. BEGICH, ment in Afghanistan and the corresponding identified by the departments and agencies Mr. DURBIN, Mr. BROWN of Ohio, Mrs. of the Federal Government for personnel increase in humanitarian need, especially as winter approaches; MCCASKILL, and Mr. HARKIN) submitted with skills in various foreign languages. an amendment intended to be proposed ‘‘(11) Recommend plans to address foreign (2) there have been several reports of chil- language shortfalls and requirements of the dren freezing to death in various refugee set- by him to the bill S. 3254, to authorize departments and agencies of the Federal tlements in Afghanistan during the winter of appropriations for fiscal year 2013 for Government. 2011-12; military activities of the Department ‘‘(12) Recommend effective ways to in- (3) the Bureau of Population, Refugees, and of Defense, for military construction, crease public awareness of the need for for- Migration of the Department of State and and for defense activities of the De- eign languages skills and career paths in the the Special Representative for Afghanistan partment of Energy, to prescribe mili- Federal Government that use those skills. and Pakistan should jointly develop a com- prehensive strategy to address the displace- tary personnel strengths for such fiscal ‘‘(13) Advise on the coordination of activi- year, and for other purposes; which was ties with Executive agencies and State and ment and human suffering referred to in local governments to develop interagency paragraphs (1) and (2), which shall include— ordered to lie on the table; as follows: plans and agreements to address overall for- (A) an assessment of the capacity of the Strike section 341 and insert the following: eign language shortfalls and to utilize per- Government of Afghanistan— SEC. 341. CIVILIAN AND CONTRACT SERVICES sonnel to address the various types of crises (i) to prevent, mitigate, and respond to WORKFORCE BALANCE. that warrant foreign language skills.’’. forced displacement; and (a) IN GENERAL.—The Secretary of Defense (ii) to provide durable solutions for inter- shall, consistent with the requirements of SA 3021. Mr. CARDIN submitted an nally displaced Afghans and Afghan refugees; sections 129 and 129a of title 10, United amendment intended to be proposed by and States Code, ensure that the civilian and (B) a coherent plan to strengthen the ca- him to the bill S. 3254, to authorize ap- contract services workforces of the Depart- pacity of the Government of Afghanistan to ment of Defense are sufficiently sized, tak- propriations for fiscal year 2013 for address the causes and consequences of dis- ing into account military strategy require- military activities of the Department placement within Afghanistan. ments and military end-strength. of Defense, for military construction, (b) EXTENSION OF AUTHORITY.—Section (b) COMPTROLLER GENERAL REPORT.—Not and for defense activities of the De- later than 180 days after the date of the en- partment of Energy, to prescribe mili- SA 3023. Mr. CARDIN submitted an actment of this Act, and annually thereafter, tary personnel strengths for such fiscal amendment intended to be proposed by the Comptroller General of the United States year, and for other purposes; which was him to the bill S. 3254, to authorize ap- shall submit to the congressional defense ordered to lie on the table; as follows: propriations for fiscal year 2013 for committees a report assessing the suffi- military activities of the Department ciency of sizing of the civilian and contract At the end of subtitle H of title X, add the of Defense, for military construction, services workforces of the Department of De- following: and for defense activities of the De- fense. The report shall assess whether the SEC. 1084. GRANTS FOR TRAINING OF VETERANS sizing is consistent with workforce manage- WHO OWN SMALL BUSINESSES ON partment of Energy, to prescribe mili- ment and sourcing laws, including sections APPLYING FOR FEDERAL CON- tary personnel strengths for such fiscal 129 and 129a of title 10, United States Code. TRACTS. year, and for other purposes; which was (a) IN GENERAL.—The Secretary of Vet- ordered to lie on the table; as follows: SA 3026. Mr. TESTER (for himself, erans Affairs may award a grant to a non- On page 139, line 3, add at the end the fol- Mr. BLUMENTHAL, and Mrs. GILLIBRAND) profit organization to assist such organiza- lowing: ‘‘Not later than 180 days after the tion in providing training to a veteran who submitted an amendment intended to date of the enactment of this Act, the Sec- is an owner of a small business concern on be proposed by him to the bill S. 3254, retary of Homeland Security shall submit to how to apply for and win a contract with the to authorize appropriations for fiscal the committees of Congress referred to in Federal Government. year 2013 for military activities of the the preceding sentence a report on hazing in (b) MAXIMUM AMOUNTS.— the Coast Guard when it is not operating as Department of Defense, for military (1) IN GENERAL.—The total amount of a service in the Navy, and, for purposes of construction, and for defense activities grants awarded under subsection (a) may not such report, the Armed Forces shall include of the Department of Energy, to pre- exceed $1,000,000. the Coast Guard when it is not operating as scribe military personnel strengths for (2) INDIVIDUAL GRANT AMOUNTS.—A grant a service in the Navy.’’. awarded under subsection (a) may not exceed such fiscal year, and for other pur- poses; which was ordered to lie on the $200,000. Mr. CARDIN submitted an SA 3024. table; as follows: (c) MATCHING FUNDS.—The Secretary may amendment intended to be proposed by award a grant under subsection (a) to a non- him to the bill S. 3254, to authorize ap- At the end of subtitle H of title X, add the profit organization to conduct training only following: propriations for fiscal year 2013 for if the organization agrees to make contribu- SEC. 1084. STANDARD OF PROOF FOR SERVICE- tions toward the cost of conducting such military activities of the Department CONNECTION OF POST-TRAUMATIC training, from non-Federal sources, in an of Defense, for military construction, STRESS DISORDER AND MENTAL amount equal to not less than the amount of and for defense activities of the De- HEALTH CONDITIONS RELATED TO the grant. partment of Energy, to prescribe mili- MILITARY SEXUAL TRAUMA. (d) SMALL BUSINESS CONCERN DEFINED.—In (a) STANDARD OF PROOF.—Section 1154 of tary personnel strengths for such fiscal title 38, United States Code, is amended by this section, the term ‘‘small business con- year, and for other purposes; which was cern’’ has the meaning given such term adding at the end the following new sub- under section 3 of the Small Business Act (15 ordered to lie on the table; as follows: sections: U.S.C. 632). On page 124, between lines 6 and 7, insert ‘‘(c)(1) The Secretary shall accept as suffi- the following: cient proof of service-connection of post- SA 3022. Mr. CARDIN submitted an (f) APPLICABILITY TO COAST GUARD.—The traumatic stress disorder alleged to have amendment intended to be proposed by Secretary of Homeland Security shall apply been incurred in or aggravated by service in the provisions of this section (other than the active military, naval, or air service a him to the bill S. 3254, to authorize ap- subsection (d)) to the Coast Guard when it is diagnosis of post-traumatic stress disorder propriations for fiscal year 2013 for not operating as a service in the Navy in by a mental health professional together military activities of the Department order to achieve diversity in the Coast Guard with written testimony by the veteran of of Defense, for military construction, in the same manner, under the same sched- such incurrence or aggravation and a written

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determination by the professional that such SEC. 643. MODIFICATION OF PER-FISCAL YEAR (1) ESTABLISHMENT.—There is established disorder is related to the veteran’s service, if CALCULATION OF DAYS OF CERTAIN the Commission on the Review of the Over- consistent with the circumstances, condi- ACTIVE DUTY OR ACTIVE SERVICE seas Military Facility Structure of the tions, or hardships of such service, notwith- TO REDUCE ELIGIBILITY AGE FOR United States (in this section referred to as RETIREMENT FOR NON-REGULAR standing the fact that there is no official SERVICE. the ‘‘Commission’’). record of such incurrence or aggravation in (a) ACCUMULATION OF 90-DAY PERIODS OF (2) COMPOSITION.— such service, and, to that end, shall resolve SERVICE WITHIN ANY TWO CONSECUTIVE FIS- (A) IN GENERAL.—The Commission shall be every reasonable doubt in favor of the vet- CAL YEARS.—Section 12731(f)(2)(A) of title 10, composed of eight members of whom— eran. United States Code, is amended by striking (i) two shall be appointed by the majority ‘‘(2) Service-connection of post-traumatic ‘‘in any fiscal year’’ and inserting ‘‘in any leader of the Senate; stress disorder may be rebutted by clear and two consecutive fiscal years’’. (ii) two shall be appointed by the minority convincing evidence to the contrary. In the (b) RETROACTIVE EFFECTIVE DATE.—The leader of the Senate; case of such a rebuttal, the Secretary shall amendment made by subsection (a) shall (iii) two shall be appointed by the Speaker make all documents related to the service- take effect as of January 28, 2008, and as if of the House of Representatives; and connection of the veteran’s disability avail- included in the National Defense Authoriza- (iv) two shall be appointed by the minority able to the veteran. tion Act for Fiscal Year 2008 (Public Law leader of the House of Representatives. ‘‘(d)(1) The Secretary shall accept as suffi- 110–181) as enacted. (B) QUALIFICATIONS.—Individuals appointed cient proof of service-connection of covered to the Commission shall have significant ex- mental health conditions alleged to have SA 3028. Mr. TESTER submitted an perience in the national security or foreign been incurred or aggravated by military sex- amendment intended to be proposed by policy of the United States. ual trauma experienced during service in the him to the bill S. 3254, to authorize ap- (C) DEADLINE FOR APPOINTMENT.—Appoint- active military, naval, or air service a diag- propriations for fiscal year 2013 for ments of the members of the Commission shall be made not later than 45 days after nosis of such mental health condition by a military activities of the Department mental health professional together with the date of the enactment of this Act. of Defense, for military construction, (D) CHAIRMAN AND VICE CHAIRMAN.—The written testimony by the veteran of such and for defense activities of the De- trauma alleged to have been incurred during Commission shall select a Chairman and the veteran’s service and a written deter- partment of Energy, to prescribe mili- Vice Chairman from among it members. (3) TENURE; VACANCIES.—Members shall be mination by the professional that such men- tary personnel strengths for such fiscal appointed for the life of the Commission. tal health condition is related to such trau- year, and for other purposes; which was Any vacancy in the Commission shall not af- ma, if consistent with the circumstances, ordered to lie on the table; as follows: fect its powers, but shall be filled in the conditions, or hardships of such service, not- At the end of subtitle H of title X, add the same manner as the original appointment. withstanding the fact that there is no offi- following: (4) MEETINGS.— cial record of the incurrence of such trauma SEC. 1084. TRANSPORTATION OF INDIVIDUALS TO (A) INITIAL MEETING.—Not later than 30 in such service, and, to that end, shall re- AND FROM FACILITIES OF DEPART- days after the date on which all members of solve every reasonable doubt in favor of the MENT OF VETERANS AFFAIRS. the Commission have been appointed, the veteran. (a) IN GENERAL.—Chapter 1 of title 38, Commission shall hold its first meeting. ‘‘(2) Service-connection of covered mental United States Code, is amended by inserting after section 111 the following new section: (B) CALLING OF THE CHAIRMAN.—The Com- health conditions under this subsection may mission shall meet at the call of the Chair- be rebutted by clear and convincing evidence ‘‘§ 111A. Transportation of individuals to and man. to the contrary. In the case of such a rebut- from Department facilities (C) QUORUM.—A majority of the members tal, the Secretary shall make all documents ‘‘(a) TRANSPORTATION BY SECRETARY.—The of the Commission shall constitute a related to the service-connection of the vet- Secretary may transport any person to or quorum, but a lesser number of members eran’s disability available to the veteran. from a Department facility or other place in may hold hearings. ‘‘(3) In this subsection: connection with vocational rehabilitation, (b) DUTIES.— ‘‘(A) The term ‘covered mental health con- counseling required by the Secretary pursu- (1) STUDY OF OVERSEAS MILITARY FACILITY ditions’ means post-traumatic stress dis- ant to chapter 34 or 35 of this title, or for the STRUCTURE.— order, anxiety, depression, or other mental purpose of examination, treatment, or (A) IN GENERAL.—The Commission shall health conditions that the Secretary deter- care.’’. conduct a thorough study of matters relat- mines to be related to military sexual trau- (b) CONFORMING AMENDMENT.—Subsection ing to the military facility structure of the ma. (h) of section 111 of such title is— United States overseas. ‘‘(B) The term ‘military sexual trauma’ (1) transferred to section 111A of such title, (B) SCOPE.—In conducting the study, the means, with respect to a veteran, psycho- as added by subsection (a); Commission shall— logical trauma, which in the judgment of a (2) redesignated as subsection (b); (i) assess the number of forces required to mental health professional, resulted from a (3) inserted after subsection (a) of such sec- be forward based outside the United States; physical assault of a sexual nature, battery tion; and (ii) examine the current state of the mili- of a sexual nature, or sexual harassment (4) amended by inserting ‘‘TRANSPORTATION tary facilities and training ranges of the which occurred while the veteran was serv- BY THIRD-PARTIES.—’’ before ‘‘The Sec- United States overseas for all permanent ing on active duty or active duty for train- retary’’. stations and deployed locations, including ing.’’. (c) CLERICAL AMENDMENT.—The table of the condition of land and improvements at (b) EFFECTIVE DATE.—Subsections (c) and sections at the beginning of chapter 1 of such such facilities and ranges and the avail- (d) of section 1154 of title 38, United States title is amended by inserting after the item ability of additional land, if required, for Code, as added by subsection (a), shall apply relating to section 111 the following new such facilities and ranges; with respect to any claim for disability com- item: (iii) identify the amounts received by the pensation under laws administered by the ‘‘111A. Transportation of individuals to and United States, whether in direct payments, Secretary of Veterans Affairs for which no from Department facilities.’’. in-kind contributions, or otherwise, from final decision has been made before the date foreign countries by reason of military fa- of the enactment of this Act. SA 3029. Mr. TESTER submitted an cilities of the United States overseas; amendment intended to be proposed by (iv) assess the feasibility and advisability SA 3027. Mr. TESTER (for himself him to the bill S. 3254, to authorize ap- of the closure or realignment of military fa- cilities of the United States overseas, or of and Mr. CHAMBLISS) submitted an propriations for fiscal year 2013 for the establishment of new military facilities amendment intended to be proposed by military activities of the Department of Defense, for military construction, of the United States overseas; him to the bill S. 3254, to authorize ap- (v) consider the findings of the February propriations for fiscal year 2013 for and for defense activities of the De- 2011 Government Accountability Office re- military activities of the Department partment of Energy, to prescribe mili- port, ‘‘Additional Cost Information and of Defense, for military construction, tary personnel strengths for such fiscal Stakeholder Input Necessary to Assess Mili- and for defense activities of the De- year, and for other purposes; which was tary Posture in Europe’’, GAO–11–131; and partment of Energy, to prescribe mili- ordered to lie on the table; as follows: (vi) consider or assess any other issue re- tary personnel strengths for such fiscal At the end of subtitle E of title XXVIII, lating to military facilities of the United add the following: States overseas that the Commission con- year, and for other purposes; which was siders appropriate. ordered to lie on the table; as follows: SEC. 2844. COMMISSION ON REVIEW OF OVER- SEAS MILITARY FACILITY STRUC- (2) REPORT.— At the end of subtitle D of title VI, add the TURE OF THE UNITED STATES. (A) IN GENERAL.—Not later than 60 days following: (a) IN GENERAL.— after holding its final public hearing, the

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Commission shall submit to the President (3) STAFFING.— to 30-year career in protecting freedom for and Congress a report which shall contain a (A) EXECUTIVE DIRECTOR.—The Chairman of all Americans; and detailed statement of the findings and con- the Commission may, without regard to the (2) those decades of sacrifice constitute a clusions of the Commission, together with civil service laws and regulations, appoint significant pre-paid premium for health care its recommendations for such legislation and and terminate an executive director and during retirement that is over and above administrative actions as it considers appro- such other additional personnel as may be what such members pay in money as a pre- priate. necessary to enable the Commission to per- mium for such health care. (B) PROPOSED OVERSEAS BASING STRAT- form its duties under this section. The em- EGY.—In addition to the matters specified in ployment of an executive director shall be SA 3031. Mr. BLUMENTHAL sub- subparagraph (A), the report shall also in- subject to confirmation by the Commission. mitted an amendment intended to be clude a proposal by the Commission for an (B) STAFF.—The Commission may employ proposed by him to the bill S. 3254, to overseas basing strategy for the Department a staff to assist the Commission in carrying authorize appropriations for fiscal year of Defense in order to meet the current and out its duties. The total number of the staff 2013 for military activities of the De- future mission of the Department, taking of the Commission, including an executive partment of Defense, for military con- into account heightened fiscal constraints. director under subparagraph (A), may not ex- struction, and for defense activities of (C) FOCUS ON PARTICULAR ISSUES.—The re- ceed 12. the Department of Energy, to prescribe port shall focus on current and future geo- (C) COMPENSATION.—The Chairman of the political posturing, operational require- Commission may fix the compensation of the military personnel strengths for such ments, mobility, quality of life, cost, and executive director and other personnel with- fiscal year, and for other purposes; synchronization with the combatant com- out regard to chapter 51 and subchapter III of which was ordered to lie on the table; mands. chapter 53 of title 5, United States Code, re- as follows: (c) POWERS.— lating to classification of positions and Gen- At the end of subtitle C of title XXVIII, (1) HEARINGS.—The Commission may hold eral Schedule pay rates, except that the rate add the following: such hearings, sit and act at such times and of pay for the executive director and other places, take such testimony, and receive SEC. 2824. DEPARTMENT OF DEFENSE GOAL RE- personnel may not exceed the rate payable GARDING USE OF NON-COMBUSTION, such evidence as the Commission considers for level V of the Executive Schedule under DISTRIBUTED GENERATION TECH- advisable to carry out this section. section 5316 of such title. NOLOGIES TO MEET ELECTRICITY (2) INFORMATION SHARING.—The Commis- (4) DETAILS.—Any employee of the Depart- NEEDS. sion may secure directly from any Federal ment of Defense, the Department of State, or Section 2911 of title 10, United States Code, department or agency such information as the Government Accountability Office may is amended by adding at the end the fol- the Commission considers necessary to carry be detailed to the Commission without reim- lowing new subsection: out this section. Upon request of the Chair- ‘‘(f) GOAL REGARDING USE OF NON-COMBUS- bursement, and such detail shall be without man of the Commission, the head of such de- TION, DISTRIBUTED GENERATION TECHNOLOGIES interruption or loss of civil service status or partment or agency shall furnish such infor- TO MEET ELECTRICITY NEEDS.—Electric en- privilege. mation to the Commission. ergy produced by non-combustion, distrib- (5) TEMPORARY AND INTERMITTENT SERV- (3) ADMINISTRATIVE SUPPORT.—Upon re- uted generation technologies shall have the ICES.—The Chairman of the Commission may quest of the Commission, the Administrator same standing as electric energy from re- procure temporary and intermittent services of General Services shall provide to the Com- newable sources for the purpose of achieving under section 3109(b) of title 5, United States mission, on a reimbursable basis, the admin- the Department of Defense goal to meet elec- istrative support necessary for the Commis- Code, at rates for individuals which do not tricity needs established under subsection sion to carry out its duties under this sec- exceed the daily equivalent of the annual (e).’’. tion. rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of (4) MAILS.—The Commission may use the SA 3032. Mr. ROBERTS (for himself United States mails in the same manner and such title. and Mr. MORAN) submitted an amend- (e) SECURITY.— under the same conditions as other depart- ment intended to be proposed by him (1) SECURITY CLEARANCES.—Members and ments and agencies of the Federal Govern- to the bill S. 3254, to authorize appro- ment. staff of the Commission, and any experts and consultants to the Commission, shall possess priations for fiscal year 2013 for mili- (5) GIFTS.—The Commission may accept, tary activities of the Department of use, and dispose of gifts or donations of serv- security clearances appropriate for their du- ices or property. ties with the Commission under this section. Defense, for military construction, and (d) PERSONNEL MATTERS.— (2) INFORMATION SECURITY.—The Secretary for defense activities of the Depart- (1) COMPENSATION OF MEMBERS.—Each of Defense shall assume responsibility for ment of Energy, to prescribe military member of the Commission who is not an of- the handling and disposition of any informa- personnel strengths for such fiscal ficer or employee of the Federal Government tion relating to the national security of the year, and for other purposes; which was United States that is received, considered, or shall be compensated at a rate equal to the ordered to lie on the table; as follows: daily equivalent of the annual rate of basic used by the Commission under this section. At the end of subtitle E of title III, add the pay prescribed for level IV of the Executive (f) TERMINATION.—The Commission shall following: Schedule under section 5315 of title 5, United terminate 45 days after the date on which States Code, for each day (including travel the Commission submits its report under SEC. 344. INTERGOVERNMENTAL SUPPORT subsection (b). AGREEMENTS WITH STATE AND time) during which such member is engaged LOCAL GOVERNMENTS. in the performance of the duties of the Com- (a) AGREEMENTS AUTHORIZED.—Chapter 137 mission under this section. All members of SA 3030. Mr. LAUTENBERG sub- mitted an amendment intended to be of title 10, United States Code, is amended by the Commission who are officers or employ- adding at the end the following new section: ees of the United States shall serve without proposed by him to the bill S. 3254, to ‘‘SEC. 2336. INTERGOVERNMENTAL SUPPORT compensation in addition to that received authorize appropriations for fiscal year AGREEMENTS WITH STATE AND for their services as officers or employees of 2013 for military activities of the De- LOCAL GOVERNMENTS. the United States. partment of Defense, for military con- ‘‘(a) IN GENERAL.—(1) The Secretary con- (2) TRAVEL.— struction, and for defense activities of cerned may enter into an intergovernmental (A) EXPENSES.—Members of the Commis- the Department of Energy, to prescribe support agreement with a State or local gov- sion shall be allowed travel expenses, includ- ernment to provide, receive, or share instal- ing per diem in lieu of subsistence, at rates military personnel strengths for such lation-support services when such an agree- authorized for employees of agencies under fiscal year, and for other purposes; ment serves the interests of the department subchapter I of chapter 57 of title 5, United which was ordered to lie on the table; by enhancing mission effectiveness or cre- States Code, while away from their homes or as follows: ating efficiencies or economies of scale, in- regular places of business in the performance At the end of subtitle A of title VII, add cluding by reducing costs. of services for the Commission under this the following: ‘‘(2) Notwithstanding any other law, such section. SEC. 704. SENSE OF CONGRESS ON PREMIUMS an agreement— (B) MILITARY AIRCRAFT.—Members and FOR HEALTH CARE FOR RETIRED ‘‘(A) may be entered into on a sole source staff of the Commission may receive trans- CAREER MEMBERS OF THE UNI- basis; portation on military aircraft to and from FORMED SERVICES. ‘‘(B) may be for a term not to exceed five the United States, and overseas, for purposes It is the sense of Congress that— years; of the performance of the duties of the Com- (1) career members of the uniformed serv- ‘‘(C) may utilize, for installation-support mission to the extent that such transpor- ices and their families endure unique and ex- services provided by a State or local govern- tation will not interfere with the require- traordinary demands and make extraor- ment, wage grades normally paid by that ments of military operations. dinary sacrifices over the course of a 20-year State or local government; and

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00066 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.001 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15677 ‘‘(D) may only be utilized when the Sec- before Congress on April 18, 2012, that ‘‘the (7) An assessment of the extent which the retary concerned or the State or local gov- extensive work required to convert these Nuclear Weapons Council has reviewed the ernment, as the case may be, providing the concepts into systems that could be certified processes described in paragraph (6) and the installation-support services already pro- is yet to be done’’. Dr. McMillan elaborated results of any such reviews. vides such services for its own use. that ‘‘we must do the scientific work to fur- (8) An explanation for the difference be- ‘‘(b) EFFECT ON FIRST RESPONDER ARRANGE- ther understand the effects of aging and to tween the assessment of the National Nu- MENTS.—The authority provided by this sec- provide modern safety, safety that starts clear Security Administration with respect tion and limitations on its use do not re- [with insensitive] high explosive systems. If to the lifetime of pits and the assessment of voke, preclude, or otherwise interfere with we choose this path, it will require an invest- Dr. Siegfried Hecker described in subsection existing or proposed mutual aid agreements ment over the next 5 to 10 years.’’. (a)(3). relating to police or fire protection services (3) Pit lifetime is another critical aspect of (9) An assessment of the work that has or other similar first responder agreements the proposed interim plutonium strategy. been done by the national security labora- or arrangements. The National Nuclear Security Administra- tories of the Department of Energy or by ‘‘(c) AVAILABILITY OF FUNDS.—Funds avail- tion has confidence that pits will last up to other entities with respect to pit aging since able to the Secretary concerned for oper- 100 years. Yet, Dr. Siegfried Hecker, former 2007 and the results of that work. ation and maintenance may be used to pay director of Los Alamos National Laboratory (10) An assessment of the anticipated level for such installation-support services. The and a leading plutonium metallurgist, was of confidence of the Secretary of Energy and costs of agreements under this section for quoted on July 17, 2012, as saying, ‘‘We have the Secretary of Defense with respect to ex- any year may be paid from annual appropria- never done enough of those [plutonium life- periments to artificially age plutonium and tions for that year. Funds received by the time] experiments that would make me feel any concerns that there may be differences Secretary as reimbursement for providing more comfortable with plutonium lifetimes between natural and artificial aging of plu- installation-support services pursuant to in pits. So as far as I’m concerned, we still tonium. such an agreement shall be credited to the haven’t demonstrated that these pits can (11) An assessment of experiments that appropriation or account charged with pro- last 50, 60, 80 or 100 years as some people have been performed to understand the per- viding installation support. claim.’’. formance of older pits across the full stock- ‘‘(d) DEFINITIONS.—In this section: (4) Regarding the performance of older pile-to-target sequence of nuclear warheads, ‘‘(1) The term ‘installation-support serv- pits, a 2007 report by the private scientific including in highly dynamic environments, ices’ means those services, supplies, re- advisory group known as JASON suggested and the results of those experiments. sources, and support typically provided by a that ‘‘there must be a more detailed under- (12) A statement of the military require- State or local government for its own needs standing of the different types of dynamic ment for pit production to have a responsive and without regard to whether such services, strengths involved in the weapons codes, and infrastructure capable of rapidly responding supplies, resources, and support are provided then a more complete understanding of how to technical or geopolitical strategic sur- to its residents generally, except that the these strengths vary with aging through rel- prises. term does not include security-guard or fire- evant experimental and theoretical work. This is fundamentally difficult . . . New ex- fighting functions. Mr. BROWN of Massachu- ‘‘(2) The term ‘local government’ includes periments should be carried out on both nat- SA 3034. a county, parish, municipality, city, town, urally and artificially aged [plutonium].’’. setts (for himself and Mr. KERRY) sub- township, local public authority, school dis- (b) REPORT REQUIRED.—Not later than 60 mitted an amendment intended to be trict, special district, and any agency or in- days after the date of the enactment of this proposed by him to the bill S. 3254, to strumentality of a local government. Act, the Secretary of Energy and the Sec- authorize appropriations for fiscal year ‘‘(3) The term ‘State’ means the several retary of Defense shall jointly submit to the 2013 for military activities of the De- congressional defense committees a report states, the District of Columbia, the Com- partment of Defense, for military con- monwealths of Puerto Rico and the Northern on the feasibility, cost, and advisability of reusing pits in nuclear warheads that in- struction, and for defense activities of Mariana Islands, American Samoa, Guam, the Department of Energy, to prescribe and the United States Virgin Islands, and cludes the following: (1) An assessment of the technical work any agency or instrumentality of a State.’’. military personnel strengths for such (b) CLERICAL AMENDMENT.—The table of and experimentation that needs to be done fiscal year, and for other purposes; sections at the beginning of such chapter is to determine whether or not pit reuse is like- which was ordered to lie on the table; amended by inserting at the end the fol- ly to be a successful strategy that leads to as follows: lowing new item: the certification of the safety, security, and reliability of nuclear warheads using those Strike section 1710 and insert the fol- ‘‘Sec. 2336. Intergovernmental support pits and the schedule and cost for that work lowing: agreements with State and and experimentation. local governments.’’. SEC. 1710. RETENTION OF CORE FUNCTIONS OF (2) A description of the criteria that must THE ELECTRONIC SYSTEMS CENTER Mr. KYL (for himself and be met to determine whether nuclear war- AT HANSCOM AIR FORCE BASE, MAS- SA 3033. heads that reuse pits can be certified as safe, SACHUSETTS. Mr. CORKER) submitted an amendment secure, and reliable and an estimate of the The Secretary of the Air Force shall retain intended to be proposed by him to the time at which the National Nuclear Security the core functions of the Electronic Systems bill S. 3254, to authorize appropriations Administration anticipates having sufficient Center at Hanscom Air Force Base, Massa- for fiscal year 2013 for military activi- data to make such a determination. chusetts, with the same integrated mission ties of the Department of Defense, for (3) A description of the experiments that elements, responsibilities, and capabilities military construction, and for defense have been performed to determine whether as existed as of November 1, 2011, until such activities of the Department of Energy, nuclear warheads that reuse pits can be cer- time as such integrated mission elements, tified as safe, secure, and reliable and an as- to prescribe military personnel responsibilities, and capabilities are modi- sessment of the results of those experiments. fied pursuant to section 2687 of title 10, strengths for such fiscal year, and for (4) An assessment of how pursuing pit United States Code, or a subsequent law pro- other purposes; which was ordered to reuse increases the cost and complexity of viding for the closure or realignment of mili- lie on the table; as follows: life extension programs and program plan- tary installations in the United States. At the end of subtitle C of title XXXI, add ning by the National Nuclear Security Ad- the following: ministration and the effect of pursuing pit SA 3035. Mr. BROWN of Massachu- SEC. 3136. REPORT ON FEASIBILITY, COST, AND reuse on the safety, security, and reliability setts submitted an amendment in- of nuclear warheads. ADVISABILITY OF REUSING PITS IN tended to be proposed by him to the NUCLEAR WARHEADS. (5) An assessment of the extent to which (a) FINDINGS.—Congress makes the fol- pursuing pit reuse, as opposed to manufac- bill S. 3254, to authorize appropriations lowing findings: turing new pits, limits the incorporation of for fiscal year 2013 for military activi- (1) A key concept of the proposed interim enhanced safety and security features into ties of the Department of Defense, for plutonium pit strategy of the National Nu- life extension programs and limits improve- military construction, and for defense clear Security Administration is to reuse ex- ments to the performance margin in such activities of the Department of Energy, isting pits to supplement the 20 to 30 pits per programs. to prescribe military personnel year that the Administration asserts may be (6) A description of the technical process strengths for such fiscal year, and for manufactured at Los Alamos National Lab- for and cost of— oratory, given extensive modifications to (A) requalifying an existing pit for reuse other purposes; which was ordered to current facilities. with a weapon for which it was designed; and lie on the table; as follows: (2) Dr. Charles McMillan, director of the (B) requalifying an existing pit for reuse At the end of subtitle D of title X, add the Los Alamos National Laboratory, testified with a weapon for which it was not designed. following:

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00067 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.001 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15678 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 28, 2012 SEC. 1032. REPORT ON TRANSFER TO THE GOV- Congress an intelligence assessment of the fiscal year, and for other purposes; ERNMENT OF AFGHANISTAN OF Nigerian organization known as Boko which was ordered to lie on the table; ENEMY COMBATANTS DETAINED BY Haram. Such assessment shall address the as follows: THE UNITED STATES IN AFGHANI- following: STAN. At the end of subtitle C of title VII, add (1) The organizational structure, oper- (a) IN GENERAL.—Not later than 180 days the following: ational goals, and funding sources of Boko after the date of the enactment of this Act, Haram. SEC. 723. PRESCRIPTION DRUG TAKE-BACK PRO- the Secretary of Defense shall submit to GRAM FOR MEMBERS OF THE (2) The extent to which Boko Haram Congress a report setting forth the following: ARMED FORCES, THEIR DEPEND- threatens the stability of Nigeria and sur- (1) The policy of the United States on the ENTS, AND VETERANS. rounding countries. disposition of Afghanistan enemy combat- (a) PROGRAM FOR MEMBERS OF THE ARMED (3) The extent to which Boko Haram ants captured on the battlefield who are or FORCES AND DEPENDENTS.—The Secretary of threatens the security of citizens of the will be detained in detention facilities in Af- Defense and the Attorney General shall United States or the national security or in- ghanistan under the control of the United jointly carry out a program (commonly re- terests of the United States. States. ferred to as a ‘‘prescription drug take-back (4) Any interaction between Boko Haram (2) The policy of the United States on the program’’) under which members of the and al-Qaeda in the Islamic Maghreb or disposition of non-Afghanistan enemy com- Armed Forces and dependents of members of other al-Qaeda affiliates with respect to batants captured on the battlefield who are the Armed Forces may deliver controlled operational planning and execution, train- or will be detained in detention facilities in substances to military medical treatment fa- ing, and funding. Afghanistan under the control of the United cilities to be disposed of in accordance with (5) The capacity of Nigerian security forces States. section 302(g) of the Controlled Substances to counter the threat posed by Boko Haram Act (21 U.S.C. 822(g)). (3) The policy of the United States on the and an assessment of the effectiveness of the (b) PROGRAM FOR VETERANS.—The Sec- disposition of high-risk enemy combatants strategy of the Nigerian government to date. retary of Veterans Affairs and the Attorney captured on the battlefield who are or will be (6) Any intelligence gaps with respect to General shall jointly carry out a program detained in detention facilities in Afghani- the leadership, operational goals, and capa- under which veterans may deliver controlled stan under the control of the United States. bilities of Boko Haram. substances to be disposed of in accordance (4) A plan for the transfer of high-risk (b) SECRETARY OF STATE REPORT.—Not with section 302(g) of the Controlled Sub- enemy combatants described in paragraph (3) later than 90 days after the date the report stances Act. from detention facilities in Afghanistan required by subsection (a) is submitted to (c) PROGRAM ELEMENTS.—The programs re- under the control of the United States after Congress, the Secretary of State shall sub- quired by this section shall provide for the December 31, 2014. mit to Congress a report describing the following: (5) An assessment of the extent to which strategy of the United States to counter the (1) In the case of the program required by the Government of Afghanistan will provide threat posed by Boko Haram. subsection (a), the delivery of controlled sub- continuing and enduring support to the stances under the program to such members criminal justice system of Afghanistan for SA 3037. Mr. BROWN of Massachu- of the Armed Forces, medical professionals, purposes of maintaining the rule of law in setts submitted an amendment in- and other employees of the Department of Afghanistan after December 31, 2014. tended to be proposed by him to the Defense, and to such other acceptance mech- (b) DEFINITIONS.—In this section: anisms, as the Secretary of Defense and the (1) The term ‘‘detention facilities in Af- bill S. 3254, to authorize appropriations for fiscal year 2013 for military activi- Attorney General jointly specify for pur- ghanistan under the control of the United poses of the program. States’’ means facilities in Afghanistan es- ties of the Department of Defense, for (2) In the case of the program required by tablished to hold persons consistent with the military construction, and for defense subsection (b), the delivery of controlled sub- law of war and international humanitarian activities of the Department of Energy, stances under the program to such employ- law, including Additional Protocol II of 1977 to prescribe military personnel ees of the Veterans Health Administration of to the Geneva Convention of 1949. strengths for such fiscal year, and for the Department of Veterans Affairs, and to (2) The term ‘‘enemy combatant’’ means an such other acceptance mechanisms, as the individual who— other purposes; which was ordered to lie on the table; as follows: Secretary of Veterans Affairs and the Attor- (A) after September 11, 2001, has purpose- ney General jointly specify for purposes of fully engaged in or materially supported hos- Strike section 601 and insert the following: the program. tilities against the United States or its coa- SEC. 601. RATES OF BASIC ALLOWANCE FOR (3) Appropriate guidelines and procedures lition partners; or HOUSING FOR ARMY NATIONAL to prevent the diversion, misuse, theft, or (B) is a member of, part of, or operated in GUARD AND AIR NATIONAL GUARD MEMBERS ON FULL-TIME NATIONAL loss of controlled substances delivered under a clandestine, covert, or military capacity such programs. on behalf of the Taliban, al Qaeda, or associ- GUARD DUTY. ated forces. Section 403(g) of title 37, United States Code, is amended by adding at the end the SA 3039. Ms. COLLINS (for herself, (3) The term ‘‘high-risk’’, with respect to Mr. LIEBERMAN, and Mr. BLUMENTHAL) an enemy combatant, means that the trans- following new paragraph: ‘‘(6)(A) The rate of basic allowance for submitted an amendment intended to fer of the enemy combatant to the Govern- housing to be paid to a member of the Army ment of Afghanistan would create unaccept- be proposed by her to the bill S. 3254, to National Guard of the United States, or to a able national security risks to the United authorize appropriations for fiscal year member of the Air National of the United States and its coalition partners. 2013 for military activities of the De- States, shall not be changed upon the transi- partment of Defense, for military con- SA 3036. Mr. BROWN of Massachu- tion of the member from full-time National Guard duty to active duty unless the transi- struction, and for defense activities of setts submitted an amendment in- tion— the Department of Energy, to prescribe tended to be proposed by him to the ‘‘(i) occurs with a break in active service; military personnel strengths for such bill S. 3254, to authorize appropriations or fiscal year, and for other purposes; for fiscal year 2013 for military activi- ‘‘(ii) results in a permanent change of sta- which was ordered to lie on the table; ties of the Department of Defense, for tion and shipment of household goods. as follows: military construction, and for defense ‘‘(B) For purposes of subparagraph (A)(i), a At the end of subtitle C of title VII, add activities of the Department of Energy, break in active service occurs when one or the following: more calendar days between active service to prescribe military personnel SEC. 723. PRESCRIPTION DRUG TAKE-BACK PRO- periods do not qualify as active service.’’. strengths for such fiscal year, and for GRAM FOR MEMBERS OF THE ARMED FORCES, THEIR DEPEND- other purposes; which was ordered to SA 3038. Ms. COLLINS (for herself, ENTS, AND VETERANS. lie on the table; as follows: Mr. LIEBERMAN, and Mr. BLUMENTHAL) (a) PROGRAM FOR MEMBERS OF THE ARMED At the end of subtitle H of title X, add the submitted an amendment intended to FORCES AND DEPENDENTS.—The Secretary of following: be proposed by her to the bill S. 3254, to Defense and the Attorney General shall SEC. 1084. REPORTS ON THE POTENTIAL SECU- authorize appropriations for fiscal year jointly carry out a program (commonly re- RITY THREAT POSED BY BOKO 2013 for military activities of the De- ferred to as a ‘‘prescription drug take-back HARAM. program’’) under which members of the (a) DIRECTOR OF NATIONAL INTELLIGENCE partment of Defense, for military con- Armed Forces and dependents of members of REPORT.—Not later than 180 days after the struction, and for defense activities of the Armed Forces may deliver controlled date of the enactment of this Act, the Direc- the Department of Energy, to prescribe substances to military medical treatment fa- tor of National Intelligence shall submit to military personnel strengths for such cilities to be disposed of in accordance with

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00068 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.001 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15679 section 302(g) of the Controlled Substances her to the bill S. 3254, to authorize ap- International Security Assistance Force Act (21 U.S.C. 822(g)). propriations for fiscal year 2013 for (NATO/ISAF) forces have conducted (b) PROGRAM FOR VETERANS.—The Sec- military activities of the Department partnered combat and training operations retary of Veterans Affairs and the Attorney with the Afghanistan National Security General shall jointly carry out a program of Defense, for military construction, Forces. In the course of these operations, as under which veterans may deliver controlled and for defense activities of the De- of November 13, 2012, there have been at least substances to be disposed of in accordance partment of Energy, to prescribe mili- 60 deaths and 80 non-fatal casualties from in- with section 302(g) of the Controlled Sub- tary personnel strengths for such fiscal sider attacks conducted by members of the stances Act. year, and for other purposes; which was Afghanistan National Security Forces or in- (c) PROGRAM ELEMENTS.—The programs re- ordered to lie on the table; as follows: surgent infiltrators in Afghanistan in 2012. quired by this section shall provide for the These attacks account for 16 percent of coa- At the end of subtitle D of title VII, add following: lition casualties in Afghanistan in 2012, an the following: (1) In the case of the program required by almost three-fold increase in the percentage subsection (a), the delivery of controlled sub- SEC. 735. PRESCRIPTION DRUG TAKE-BACK PRO- of casualties caused by such attacks in 2011 stances under the program to such members GRAM FOR MEMBERS OF THE and more than 16 times greater than the per- ARMED FORCES AND THEIR DE- of the Armed Forces, medical professionals, PENDENTS. centage of casualties caused by such attacks and other employees of the Department of in 2008 and earlier. (a) PROGRAM REQUIRED.—The Secretary of Defense, and to such other acceptance mech- Defense and the Attorney General shall (3) In September 2012, in a media interview, anisms, as the Secretary of Defense and the jointly carry out a program (commonly re- General John Allen, Commander of North Atlantic Treaty Organization/International Attorney General jointly specify for pur- ferred to as a ‘‘prescription drug take-back Security Assistance Force forces in Afghani- poses of the program. program’’) under which members of the stan, stated that ‘‘we’re willing to sacrifice a (2) In the case of the program required by Armed Forces and dependents of members of lot for this campaign, but we’re not willing subsection (b), the delivery of controlled sub- the Armed Forces may deliver controlled to be murdered for it’’, in response to a ques- stances under the program to such employ- substances to military medical treatment fa- tion on insider attacks in Afghanistan. ees of the Veterans Health Administration of cilities to be disposed of in accordance with (4) In September 2012, General Martin the Department of Veterans Affairs, and to section 302(g) of the Controlled Substances Dempsey, Chairman of the Joint Chiefs of such other acceptance mechanisms, as the Act (21 U.S.C. 822(g)). Secretary of Veterans Affairs and the Attor- Staff, stated that insider attacks in Afghani- (b) PROGRAM ELEMENTS.—The program re- stan were a ‘‘very serious threat to the cam- ney General jointly specify for purposes of quired by subsection (a) shall provide for the the program. paign’’ and stated that ‘‘something has to following: change’’ to rectify the situation. (3) Appropriate guidelines and procedures (1) The delivery of controlled substances to prevent the diversion, misuse, theft, or (b) REPORT.—Not later than 180 days after under the program to such members of the the date of the enactment of this Act, the loss of controlled substances delivered under Armed Forces, medical professionals, and such programs. Secretary of Defense shall, in consultation other employees of the Department of De- with the Secretary of State and the Com- fense, and to such other acceptance mecha- SA 3040. Ms. COLLINS (for herself mander of North Atlantic Treaty Organiza- nisms, as the Secretary and the Attorney tion/International Security Assistance Force and Mr. LIEBERMAN) submitted an General jointly specify for purposes of the forces in Afghanistan, submit to Congress a amendment intended to be proposed by program. report on the attacks and associated threats her to the bill S. 3254, to authorize ap- (2) Appropriate guidelines and procedures by Afghanistan National Security Forces propriations for fiscal year 2013 for to prevent the diversion, misuse, theft, or personnel, Afghanistan National Security military activities of the Department loss of controlled substances delivered under Forces impersonators, and private security of Defense, for military construction, the program. contractors against United States, Afghani- and for defense activities of the De- stan, and coalition military and civilian per- partment of Energy, to prescribe mili- SA 3042. Ms. COLLINS (for herself, sonnel (‘‘insider attacks’’) in Afghanistan, and the effect of these attacks on the overall tary personnel strengths for such fiscal Mrs. SHAHEEN, Mr. PORTMAN, Mr. UDALL of Colorado, Ms. SNOWE, and Mr. transition strategy in Afghanistan. year, and for other purposes; which was (c) ELEMENTS.—The report required by sub- ordered to lie on the table; as follows: WICKER) submitted an amendment in- section (b) shall include the following: tended to be proposed by her to the bill At the end of subtitle D of title VII, add (1) A description of the nature and proxi- the following: S. 3254, to authorize appropriations for mate causes of the attacks described in sub- SEC. 735. PRESCRIPTION DRUG TAKE-BACK PRO- fiscal year 2013 for military activities section (b), including the following: GRAM FOR MEMBERS OF THE of the Department of Defense, for mili- (A) An estimate of the number of such at- ARMED FORCES AND THEIR DE- tary construction, and for defense ac- tacks on United States, Afghanistan, and co- PENDENTS. tivities of the Department of Energy, alition military personnel since January 1, (a) PROGRAM REQUIRED.—The Secretary of to prescribe military personnel 2007. Defense and the Attorney General shall (B) An estimate of the number of United jointly carry out a program (commonly re- strengths for such fiscal year, and for States, Afghanistan, and coalition personnel ferred to as a ‘‘prescription drug take-back other purposes; which was ordered to killed or wounded in such attacks. program’’) under which members of the lie on the table; as follows: (C) The circumstances or conditions that Armed Forces and dependents of members of At the end of subtitle C of title XV, add the may have influenced such attacks. the Armed Forces may deliver controlled following: (D) An assessment of the threat posed by substances to military medical treatment fa- SEC. 1536. REPORT ON INSIDER ATTACKS IN AF- infiltration, and a best assessment of the ex- cilities to be disposed of in accordance with GHANISTAN AND THEIR EFFECT ON tent of infiltration by insurgents into the Af- section 302(g) of the Controlled Substances THE UNITED STATES TRANSITION ghanistan National Security Forces. Act (21 U.S.C. 822(g)). STRATEGY FOR AFGHANISTAN. (E) A description of trends in the preva- (b) PROGRAM ELEMENTS.—The program re- (a) FINDINGS.—Congress makes the fol- lence of such attacks, including where such quired by subsection (a) shall provide for the lowing findings: attacks occur, the political and ethnic affili- following: (1) The United States security strategy in ation of attackers, and the targets of (1) The delivery of controlled substances Afghanistan, as established by the President attackers. under the program to such members of the and reaffirmed at the North Atlantic Treaty (2) A description of the restrictions and Armed Forces, medical professionals, and Organization Conference in Chicago in May other actions taken by the United States and other employees of the Department of De- 2012 and the North Atlantic Treaty Organiza- North Atlantic Treaty Organization/Inter- fense, and to such other acceptance mecha- tion Defense Ministerial in Brussels in Octo- national Security Assistance Force forces to nisms, as the Secretary and the Attorney ber 2012, prioritizes a process of ‘‘irreversible protect military and civilian personnel from General jointly specify for purposes of the transition’’ of security responsibility from future insider attacks, including measures in program. the International Security Assistance Force predeployment training. (2) Appropriate guidelines and procedures (ISAF) to the Afghanistan National Security (3) A description of the actions taken by to prevent the diversion, misuse, theft, or Forces (ANSF) by the end of 2014, and the the Government of Afghanistan to prevent loss of controlled substances delivered under training of ‘‘sufficient and capable’’ Afghani- and respond to insider attacks, including im- the program. stan National Security Forces by the Af- proved vetting practices. ghanistan Government through the assist- (4) A description of the insider threat-re- SA 3041. Ms. COLLINS (for herself ance of international donors. lated factors that will influence the size and and Mr. LIEBERMAN) submitted an (2) As a key part of the strategy in Afghan- scope of the post-2014 training mission for amendment intended to be proposed by istan, North Atlantic Treaty Organization/ the Afghanistan National Security Forces.

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00069 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.001 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15680 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 28, 2012 (5) An assessment of the impact of the in- of November 13, 2012, there have been at least assessment how such insider attacks im- sider attacks in Afghanistan in 2012 on the 60 deaths and 80 non-fatal casualties from in- pact— overall transition strategy in Afghanistan sider attacks conducted by members of the (A) partner operations between North At- and its prospects for success, including an Afghanistan National Security Forces or in- lantic Treaty Organization/International Se- assessment how such insider attacks im- surgent infiltrators in Afghanistan in 2012. curity Assistance Force forces and Afghani- pact— These attacks account for 16 percent of coa- stan National Security Forces; (A) partner operations between North At- lition casualties in Afghanistan in 2012, an (B) training programs for the Afghanistan lantic Treaty Organization/International Se- almost three-fold increase in the percentage National Security Forces, including pro- curity Assistance Force forces and Afghani- of casualties caused by such attacks in 2011 posed training plans to be executed during stan National Security Forces; and more than 16 times greater than the per- the post-2014 training mission for the Af- (B) training programs for the Afghanistan centage of casualties caused by such attacks ghanistan National Security Forces; National Security Forces, including pro- in 2008 and earlier. (C) United States Special Forces training posed training plans to be executed during (3) In September 2012, in a media interview, of the Afghan Local Police and its integra- the post-2014 training mission for the Af- General John Allen, Commander of North tion into the Afghanistan National Security ghanistan National Security Forces; Atlantic Treaty Organization/International Forces; and (C) United States Special Forces training Security Assistance Force forces in Afghani- (D) the willingness of North Atlantic Trea- of the Afghan Local Police and its integra- stan, stated that ‘‘we’re willing to sacrifice a ty Organization/International Security As- tion into the Afghanistan National Security lot for this campaign, but we’re not willing sistance Force allies to maintain forces in Forces; and to be murdered for it’’, in response to a ques- Afghanistan or commit to the post-2014 (D) the willingness of North Atlantic Trea- tion on insider attacks in Afghanistan. training mission for the Afghanistan Na- ty Organization/International Security As- (4) In September 2012, General Martin tional Security Forces. sistance Force allies to maintain forces in Dempsey, Chairman of the Joint Chiefs of (6) An assessment of the impact that a re- Afghanistan or commit to the post-2014 Staff, stated that insider attacks in Afghani- duction in training and partnering would training mission for the Afghanistan Na- stan were a ‘‘very serious threat to the cam- have on the independent capabilities of the tional Security Forces. paign’’ and stated that ‘‘something has to Afghanistan National Security Forces, and (6) An assessment of the impact that a re- change’’ to rectify the situation. whether the training of the Afghanistan Na- duction in training and partnering would (b) REPORT.—Not later than 180 days after tional Security Forces should remain a key have on the independent capabilities of the the date of the enactment of this Act, the component of the United States and North Afghanistan National Security Forces, and Secretary of Defense shall, in consultation Atlantic Treaty Organization strategy in Af- whether the training of the Afghanistan Na- with the Secretary of State and the Com- ghanistan. (d) UNCLASSIFIED EXECUTIVE SUMMARY.— tional Security Forces should remain a key mander of North Atlantic Treaty Organiza- The report submitted under subsection (c) component of the United States and North tion/International Security Assistance Force shall include an executive summary of the Atlantic Treaty Organization strategy in Af- forces in Afghanistan, submit to Congress a contents of the report in unclassified form. ghanistan. report on the attacks and associated threats (d) UNCLASSIFIED EXECUTIVE SUMMARY.— by Afghanistan National Security Forces SA 3044. Ms. COLLINS (for herself, The report submitted under subsection (c) personnel, Afghanistan National Security Mr. KERRY, Mr. BROWN of Massachu- shall include an executive summary of the Forces impersonators, and private security setts, Mr. BLUMENTHAL, Mr. WHITE- contents of the report in unclassified form. contractors against United States, Afghani- stan, and coalition military and civilian per- HOUSE, Ms. SNOWE, Mr. BROWN of Ohio, SA 3043. Ms. COLLINS (for herself, sonnel (‘‘insider attacks’’) in Afghanistan, and Mr. REED) submitted an amend- Mrs. SHAHEEN, Mr. PORTMAN, Mr. and the effect of these attacks on the overall ment intended to be proposed by her to UDALL of Colorado, Ms. SNOWE, and Mr. transition strategy in Afghanistan. the bill S. 3254, to authorize appropria- WICKER) submitted an amendment in- (c) ELEMENTS.—The report required by sub- tions for fiscal year 2013 for military tended to be proposed by her to the bill section (b) shall include the following: activities of the Department of De- S. 3254, to authorize appropriations for (1) A description of the nature and proxi- fense, for military construction, and fiscal year 2013 for military activities mate causes of the attacks described in sub- for defense activities of the Depart- of the Department of Defense, for mili- section (b), including the following: ment of Energy, to prescribe military (A) An estimate of the number of such at- personnel strengths for such fiscal tary construction, and for defense ac- tacks on United States, Afghanistan, and co- tivities of the Department of Energy, alition military personnel since January 1, year, and for other purposes; which was to prescribe military personnel 2007. ordered to lie on the table; as follows: strengths for such fiscal year, and for (B) An estimate of the number of United At the end of subtitle C of title VIII, add other purposes; which was ordered to States, Afghanistan, and coalition personnel the following: lie on the table; as follows: killed or wounded in such attacks. SEC. 847. PILOT PROGRAM ON PROCUREMENT OF DOMESTICALLY-PRODUCED ATH- At the end of subtitle C of title XV, add the (C) The circumstances or conditions that may have influenced such attacks. LETIC FOOTWEAR FOR MEMBERS OF following: THE ARMY UNDERGOING INITIAL SEC. 1536. REPORT ON INSIDER ATTACKS IN AF- (D) An assessment of the threat posed by ENTRY TRAINING. GHANISTAN AND THEIR EFFECT ON infiltration, and a best assessment of the ex- (a) PILOT PROGRAM REQUIRED.—Com- THE UNITED STATES TRANSITION tent of infiltration by insurgents into the Af- mencing not later than 120 days after the STRATEGY FOR AFGHANISTAN. ghanistan National Security Forces. date of the enactment of this Act, the Sec- (a) FINDINGS.—Congress makes the fol- (E) A description of trends in the preva- retary of Defense shall carry out a pilot pro- lowing findings: lence of such attacks, including where such gram to determine the feasibility and advis- (1) The United States security strategy in attacks occur, the political and ethnic affili- ability of requiring that the athletic foot- Afghanistan, as established by the President ation of attackers, and the targets of wear used by Army recruits undergoing Ini- and reaffirmed at the North Atlantic Treaty attackers. tial Entry Training complies with the do- Organization Conference in Chicago in May (2) A description of the restrictions and mestic source requirements in section 2533(a) 2012 and the North Atlantic Treaty Organiza- other actions taken by the United States and of title 10, United States Code. tion Defense Ministerial in Brussels in Octo- North Atlantic Treaty Organization/Inter- (b) ELEMENTS.—In carrying out the pilot ber 2012, prioritizes a process of ‘‘irreversible national Security Assistance Force forces to program, the Secretary shall— transition’’ of security responsibility from protect military and civilian personnel from (1) ensure that Army recruits, upon begin- the International Security Assistance Force future insider attacks, including measures in ning Initial Entry Training, are provided (ISAF) to the Afghanistan National Security predeployment training. with athletic footwear that complies with Forces (ANSF) by the end of 2014, and the (3) A description of the actions taken by the domestic source requirements referred to training of ‘‘sufficient and capable’’ Afghani- the Government of Afghanistan to prevent in subsection (a), except that recruits may stan National Security Forces by the Af- and respond to insider attacks, including im- be provided with athletic footwear that does ghanistan Government through the assist- proved vetting practices. not comply with such domestic source re- ance of international donors. (4) A description of the insider threat-re- quirements if such footwear is medically re- (2) As a key part of the strategy in Afghan- lated factors that will influence the size and quired to meet unique physiological needs istan, North Atlantic Treaty Organization/ scope of the post-2014 training mission for that cannot be met with athletic footwear International Security Assistance Force the Afghanistan National Security Forces. that complies with such requirements; (NATO/ISAF) forces have conducted (5) An assessment of the impact of the in- (2) designate the Under Secretary of De- partnered combat and training operations sider attacks in Afghanistan in 2012 on the fense for Acquisition, Technology, and Logis- with the Afghanistan National Security overall transition strategy in Afghanistan tics as responsible for the sourcing and dis- Forces. In the course of these operations, as and its prospects for success, including an tribution of athletic footwear produced in

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00070 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.001 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15681 compliance with such domestic source re- date of the enactment of this Act, the Sec- SA 3046. Mr. BOOZMAN submitted an quirements for purposes of the pilot pro- retary of Defense shall carry out a pilot pro- amendment intended to be proposed by gram; gram to determine the feasibility and advis- him to the bill S. 3254, to authorize ap- (3) require that the Department of the ability of requiring that the athletic foot- propriations for fiscal year 2013 for Army direct the appropriate program office wear used by Army recruits undergoing Ini- to develop specifications for athletic foot- tial Entry Training complies with the do- military activities of the Department wear to comply with such domestic source mestic source requirements in section 2533(a) of Defense, for military construction, requirements; of title 10, United States Code. and for defense activities of the De- (4) structure the pilot with the goal of in- (b) ELEMENTS.—In carrying out the pilot partment of Energy, to prescribe mili- corporating products from multiple domestic program, the Secretary shall— tary personnel strengths for such fiscal suppliers of athletic footwear; and (1) ensure that Army recruits, upon begin- year, and for other purposes; which was (5) require that to the extent any of the ning Initial Entry Training, are provided ordered to lie on the table; as follows: specified components of the final footwear with athletic footwear that complies with At the end of subtitle H of title X, add the products cannot be sourced domestically, the domestic source requirements referred to necessary accommodations be made in ac- following: in subsection (a), except that recruits may SEC. 1084. PROTECTION OF CHILD CUSTODY AR- cordance with the provisions of section be provided with athletic footwear that does 2533a(c) of title 10, United States Code. RANGEMENTS FOR PARENTS WHO not comply with such domestic source re- ARE MEMBERS OF THE UNIFORMED (c) DURATION.—The Secretary shall carry quirements if such footwear is medically re- SERVICES. out the pilot program for not fewer than quired to meet unique physiological needs (a) CHILD CUSTODY PROTECTION.—Title II of three years, and not more than five years, that cannot be met with athletic footwear the Servicemembers Civil Relief Act (50 beginning on the date of the commencement that complies with such requirements; U.S.C. App. 521 et seq.) is amended by adding of the pilot program. (2) designate the Under Secretary of De- at the end the following new section: (d) REPORTS.—Not later than one year after the commencement of the pilot, and fense for Acquisition, Technology, and Logis- ‘‘SEC. 208. CHILD CUSTODY PROTECTION. every year thereafter while the pilot pro- tics as responsible for the sourcing and dis- ‘‘(a) RESTRICTION ON TEMPORARY CUSTODY gram is being carried out, the Secretary tribution of athletic footwear produced in ORDER.—If a court renders a temporary order shall submit to Congress a report on the compliance with such domestic source re- for custodial responsibility for a child based pilot program. Each report shall set forth quirements for purposes of the pilot pro- solely on a deployment or anticipated de- the following: gram; ployment of a parent who is a servicemem- (1) In the case of the first report, a descrip- (3) require that the Department of the ber, then the court shall require that, upon tion of the measures taken to implement the Army direct the appropriate program office the return of the servicemember from de- contracting and acquisition structures nec- to develop specifications for athletic foot- ployment, the custody order that was in ef- essary to carry out the pilot program. wear to comply with such domestic source fect immediately preceding the temporary (2) A description and assessment of the do- requirements; order shall be reinstated, unless the court mestic industrial base response to the re- (4) structure the pilot with the goal of in- finds that such a reinstatement is not in the quirement for production of athletic foot- corporating products from multiple domestic best interest of the child, except that any wear for purposes of the pilot program. suppliers of athletic footwear; and such finding shall be subject to subsection (3) A comparative analysis of the costs as- (5) require that to the extent any of the (b). sociated with the distribution of athletic specified components of the final footwear ‘‘(b) EXCLUSION OF MILITARY SERVICE FROM footwear under the pilot program with the products cannot be sourced domestically, DETERMINATION OF CHILD’S BEST INTEREST.— costs associated with the distribution of ath- necessary accommodations be made in ac- If a motion or a petition is filed seeking a letic footwear for Army recruits before the cordance with the provisions of section permanent order to modify the custody of commencement of the pilot program and 2533a(c) of title 10, United States Code. the child of a servicemember, no court may with the costs associated with the distribu- (c) DURATION.—The Secretary shall carry consider the absence of the servicemember tion of athletic footwear by the Armed out the pilot program for not fewer than by reason of deployment, or the possibility Forces not participating in the pilot pro- three years, and not more than five years, of deployment, as the sole factor in deter- gram. beginning on the date of the commencement mining the best interest of the child. (4) A description and assessment of the re- of the pilot program. ‘‘(c) NO FEDERAL JURISDICTION OR RIGHT OF liability of the supply chain and inventory ACTION OR REMOVAL.—Nothing in this sec- (d) REPORTS.—Not later than one year tion shall create a Federal right of action or management for athletic footwear under the after the commencement of the pilot, and pilot program. otherwise give rise to Federal jurisdiction or every year thereafter while the pilot pro- create a right of removal. (5) An assessment of the feasibility and ad- gram is being carried out, the Secretary ‘‘(d) PREEMPTION.—In any case where State visability of expanding the pilot program to shall submit to Congress a report on the each other Armed Force, and a description of law applicable to a child custody proceeding pilot program. Each report shall set forth involving a temporary order as contemplated any options for addressing potential impedi- the following: ments to the expansion of the pilot program in this section provides a higher standard of (1) In the case of the first report, a descrip- protection to the rights of the parent who is if expansion is considered feasible and advis- tion of the measures taken to implement the able. a deploying servicemember than the rights contracting and acquisition structures nec- provided under this section with respect to essary to carry out the pilot program. such temporary order, the appropriate court SA 3045. Ms. COLLINS (for herself, (2) A description and assessment of the do- Mr. KERRY, Mr. BROWN of Massachu- shall apply the higher State standard. mestic industrial base response to the re- ‘‘(e) DEPLOYMENT DEFINED.—In this sec- setts, Mr. BLUMENTHAL, Mr. WHITE- quirement for production of athletic foot- tion, the term ‘deployment’ means the move- HOUSE, Ms. SNOWE, and Mr. BROWN of wear for purposes of the pilot program. ment or mobilization of a servicemember to Ohio) submitted an amendment in- (3) A comparative analysis of the costs as- a location for a period of longer than 60 days tended to be proposed by her to the bill sociated with the distribution of athletic and not longer than 540 days pursuant to S. 3254, to authorize appropriations for footwear under the pilot program with the temporary or permanent official orders— fiscal year 2013 for military activities costs associated with the distribution of ath- ‘‘(1) that are designated as unaccompanied; letic footwear for Army recruits before the of the Department of Defense, for mili- ‘‘(2) for which dependent travel is not au- commencement of the pilot program and thorized; or tary construction, and for defense ac- with the costs associated with the distribu- tivities of the Department of Energy, ‘‘(3) that otherwise do not permit the tion of athletic footwear by the Armed movement of family members to that loca- to prescribe military personnel Forces not participating in the pilot pro- tion.’’. strengths for such fiscal year, and for gram. (b) CLERICAL AMENDMENT.—The table of other purposes; which was ordered to (4) A description and assessment of the re- contents in section 1(b) of such Act is lie on the table; as follows: liability of the supply chain and inventory amended by adding at the end of the items management for athletic footwear under the At the end of subtitle C of title VIII, add relating to title II the following new item: pilot program. the following: ‘‘208. Child custody protection.’’. (5) An assessment of the feasibility and ad- SEC. 847. PILOT PROGRAM ON PROCUREMENT OF visability of expanding the pilot program to DOMESTICALLY-PRODUCED ATH- Mr. REID submitted an each other Armed Force, and a description of SA 3047. LETIC FOOTWEAR FOR MEMBERS OF amendment intended to be proposed by THE ARMY UNDERGOING INITIAL any options for addressing potential impedi- ENTRY TRAINING. ments to the expansion of the pilot program him to the bill S. 3254, to authorize ap- (a) PILOT PROGRAM REQUIRED.—Com- if expansion is considered feasible and advis- propriations for fiscal year 2013 for mencing not later than 120 days after the able. military activities of the Department

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00071 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.001 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15682 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 28, 2012 of Defense, for military construction, SEC. 644. COORDINATION OF SERVICE ELIGI- SEC. 1084. ESTABLISHMENT OF OPEN BURN PIT and for defense activities of the De- BILITY FOR COMBAT-RELATED SPE- REGISTRY. CIAL COMPENSATION AND CONCUR- (a) ESTABLISHMENT OF REGISTRY.—Not partment of Energy, to prescribe mili- RENT RECEIPT. later than 270 days after the date of the en- tary personnel strengths for such fiscal (a) AMENDMENTS TO STANDARDIZE SIMILAR actment of this Act, the Secretary of Vet- year, and for other purposes; which was PROVISIONS.— erans Affairs shall— ordered to lie on the table; as follows: (1) QUALIFIED RETIREES.—Subsection (a) of (1) establish and maintain an open burn pit At the end of subtitle D of title VI, add the section 1414 of title 10, United States Code, registry for eligible individuals who may following: as amended by section 643(a) of this Act, is have been exposed to toxic airborne chemi- SEC. 643. CLARIFICATION OF COMPUTATION OF further amended— cals and fumes caused by open burn pits; COMBAT-RELATED SPECIAL COM- (A) by striking ‘‘a member or’’ and all that (2) include any information in such reg- PENSATION FOR CHAPTER 61 DIS- follows through ‘‘retiree’)’’ and inserting ‘‘a istry that the Secretary of Veterans Affairs ABILITY RETIREES. qualified retiree’’; and determines necessary to ascertain and mon- (a) IN GENERAL.—Section 1413a(b)(3) of title (B) by adding at the end the following new itor the health effects of the exposure of 10, United States Code, is amended by strik- paragraph: members of the Armed Forces to toxic air- ing ‘‘shall be reduced by the amount (if any) ‘‘(2) QUALIFIED RETIREES.—For purposes of borne chemicals and fumes caused by open by which the amount of the member’s retired this section, a qualified retiree, with respect burn pits; pay under chapter 61 of this title exceeds’’ to any month, is a member or former mem- (3) develop a public information campaign both places it appears and inserting ‘‘may ber of the uniformed services who— to inform eligible individuals about the open not, when combined with the amount of re- ‘‘(A) is entitled to retired pay (other by burn pit registry, including how to register tired pay payable to the retiree after any reason of section 12731b of this title); and and the benefits of registering; and such reduction under sections 5304 and 5305 of ‘‘(B) is also entitled for that month to vet- (4) periodically notify eligible individuals title 38, cause the total of such combined erans’ disability compensation.’’. of significant developments in the study and payment to exceed’’. (2) DISABILITY RETIREES.—Paragraph (2) of treatment of conditions associated with ex- (b) EFFECTIVE DATE.—The amendments subsection (b) of section 1414 of such title is posure to toxic airborne chemicals and made by this section shall take effect on amended to read as follows: fumes caused by open burn pits. January 1, 2013, and shall apply to payments ‘‘(2) SPECIAL RULE FOR RETIREES WITH (b) REPORT TO CONGRESS.— for months beginning on or after that date. FEWER THAN 20 YEARS OF SERVICE.—The re- (1) REPORTS BY INDEPENDENT SCIENTIFIC OR- GANIZATION.—The Secretary of Veterans Af- SA 3048. Mr. REID submitted an tired pay of a qualified retiree who is retired under chapter 61 of this title with fewer than fairs shall enter into an agreement with an amendment intended to be proposed by 20 years of creditable service is subject to re- independent scientific organization to pre- him to the bill S. 3254, to authorize ap- duction by the lesser of— pare reports as follows: propriations for fiscal year 2013 for ‘‘(A) the amount of the reduction under (A) Not later than two years after the date military activities of the Department sections 5304 and 5305 of title 38; or on which the registry under subsection (a) is of Defense, for military construction, ‘‘(B) the amount (if any) by which the established, an initial report containing the and for defense activities of the De- amount of the member’s retired pay under following: (i) An assessment of the effectiveness of partment of Energy, to prescribe mili- such chapter exceeds the amount equal to 21⁄2 percent of the member’s years of creditable actions taken by the Secretaries to collect tary personnel strengths for such fiscal and maintain information on the health ef- year, and for other purposes; which was service multiplied by the member’s retired pay base under section 1406(b)(1) or 1407 of fects of exposure to toxic airborne chemicals ordered to lie on the table; as follows: this title, whichever is applicable to the and fumes caused by open burn pits. At the end of subtitle D of title VI, add the member.’’. (ii) Recommendations to improve the col- following: (b) EFFECTIVE DATE.—The amendments lection and maintenance of such informa- SEC. 643. ELIGIBILITY FOR PAYMENT OF BOTH made by this section shall take effect on tion. RETIRED PAY AND VETERANS’ DIS- January 1, 2013, and shall apply to payments (iii) Using established and previously pub- ABILITY COMPENSATION FOR CER- for months beginning on or after that date. lished epidemiological studies, recommenda- TAIN MILITARY RETIREES WITH tions regarding the most effective and pru- SEC. 645. CLARIFICATION OF COMPUTATION OF COMPENSABLE SERVICE-CON- dent means of addressing the medical needs NECTED DISABILITIES. COMBAT-RELATED SPECIAL COM- PENSATION FOR CHAPTER 61 DIS- of eligible individuals with respect to condi- (a) EXTENSION OF CONCURRENT RECEIPT AU- ABILITY RETIREES. tions that are likely to result from exposure THORITY TO RETIREES WITH SERVICE-CON- (a) IN GENERAL.—Section 1413a(b)(3) of title to open burn pits. NECTED DISABILITIES RATED LESS THAN 50 10, United States Code, is amended by strik- (B) Not later than five years after com- PERCENT.— ing ‘‘shall be reduced by the amount (if any) pleting the initial report described in sub- (1) REPEAL OF 50 PERCENT REQUIREMENT.— by which the amount of the member’s retired paragraph (A), a follow-up report containing Section 1414 of title 10, United States Code, pay under chapter 61 of this title exceeds’’ the following: is amended by striking paragraph (2) of sub- both places it appears and inserting ‘‘may (i) An update to the initial report described section (a). not, when combined with the amount of re- in subparagraph (A). (2) COMPUTATION.—Paragraph (1) of sub- tired pay payable to the retiree after any (ii) An assessment of whether and to what section (c) of such section is amended by such reduction under sections 5304 and 5305 of degree the content of the registry estab- adding at the end the following new subpara- title 38, cause the total of such combined lished under subsection (a) is current and graph: payment to exceed’’. scientifically up-to-date. ‘‘(G) For a month for which the retiree re- (b) EFFECTIVE DATE.—The amendments (2) SUBMITTAL TO CONGRESS.— ceives veterans’ disability compensation for made by this section shall take effect on (A) INITIAL REPORT.—Not later than two a disability rated as 40 percent or less or has January 1, 2013, and shall apply to payments years after the date on which the registry a service-connected disability rated as zero for months beginning on or after that date. under subsection (a) is established, the Sec- percent, $0.’’. retary of Veterans Affairs shall submit to (b) CLERICAL AMENDMENTS.— SA 3049. Mr. UDALL of New Mexico Congress the initial report prepared under (1) The heading of section 1414 of such title paragraph (1)(A). is amended to read as follows: (for himself, Mr. CORKER, Mr. SCHUMER, Ms. SNOWE, Mr. BINGAMAN, Mrs. (B) FOLLOW-UP REPORT.—Not later than ‘‘§ 1414. Members eligible for retired pay who five years after submitting the report under MCCASKILL, Mr. WYDEN, and Mr. are also eligible for veterans’ disability subparagraph (A), the Secretary of Veterans compensation: concurrent payment of re- MERKLEY) submitted an amendment in- Affairs shall submit to Congress the follow- tired pay and disability compensation’’. tended to be proposed by him to the up report prepared under paragraph (1)(B). (2) The item relating to such section in the bill S. 3254, to authorize appropriations (3) COOPERATION BY SECRETARY OF DE- table of sections at the beginning of chapter for fiscal year 2013 for military activi- FENSE.— 71 of such title is amended to read as follows: ties of the Department of Defense, for (A) IN GENERAL.—The Secretary of Defense ‘‘1414. Members eligible for retired pay who military construction, and for defense shall cooperate with the Secretary of Vet- are also eligible for veterans’ activities of the Department of Energy, erans Affairs and the organization with disability compensation: con- to prescribe military personnel whom the Secretary of Veterans Affairs en- ters into an agreement under paragraph (1) current payment of retired pay strengths for such fiscal year, and for and disability compensation.’’. in the preparation of the reports required by (c) EFFECTIVE DATE.—The amendments other purposes; which was ordered to such paragraph. made by this section shall take effect on lie on the table; as follows: (B) PROVISION OF DATA.—In cooperating as January 1, 2013, and shall apply to payments At the end of subtitle H of title X, add the required by subparagraph (A), the Secretary for months beginning on or after that date. following: of Defense shall provide the Secretary of

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00072 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.001 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15683 Veterans Affairs and the organization de- (7) An assessment of the impact of such Guard Program and for additional personnel scribed in such subparagraph with any and change in levels on coalition military con- under the Marine Corps Security Guard Pro- all data that is possessed or obtainable by tributions to the mission in Afghanistan. gram under paragraph (1), the President the Secretary of Defense that is relevant to (8) A description of the assumptions to be shall ensure that amounts requested for the the preparation of the reports required by in force regarding the security situation in Marine Corps for that fiscal year do not de- paragraph (1). Afghanistan following such change in levels. grade the readiness of the Marine Corps to (c) DEFINITIONS.—In this section: (9) Such other matters regarding such fulfill the requirements of the National Mili- (1) ELIGIBLE INDIVIDUAL.—The term ‘‘eligi- change in levels as the Chairman considers tary Strategy. ble individual’’ means any individual who, on appropriate. (d) REPORTS.— or after September 11, 2001— (1) REPORTS ON PROGRAM.—Not later than (A) was deployed in support of a contin- SA 3051. Mr. MCCAIN (for himself, October 1, 2014, and annually thereafter gency operation while serving in the Armed Mr. PORTMAN, Mr. WEBB, Mr. INHOFE, through October 1, 2017, the Secretary of De- Forces; and Ms. AYOTTE, Mr. BROWN of Massachu- fense shall, in coordination with the Sec- (B) during such deployment, was based or setts, and Mr. CORNYN) submitted an retary of State, submit to Congress a report stationed at a location where an open burn amendment intended to be proposed by on the Marine Corps Security Guard Pro- pit was used. him to the bill S. 3254, to authorize ap- gram. Each report shall include the fol- (2) OPEN BURN PIT.—The term ‘‘open burn propriations for fiscal year 2013 for lowing: pit’’ means an area of land located in Af- military activities of the Department (A) A description of the expanded security ghanistan or Iraq that— support provided by Marine Corps Security (A) is designated by the Secretary of De- of Defense, for military construction, Guards to the Department of State during fense to be used for disposing solid waste by and for defense activities of the De- the fiscal year ending on the date of such re- burning in the outdoor air; and partment of Energy, to prescribe mili- port, including— (B) does not contain a commercially manu- tary personnel strengths for such fiscal (i) any increased internal security provided factured incinerator or other equipment spe- year, and for other purposes; as fol- at United States embassies and consulates cifically designed and manufactured for the lows: throughout the world; burning of solid waste. At the end of subtitle A of title IV, add the (ii) any increased support for emergency following: action planning, training, and advising of host nation security forces; and SA 3050. Mr. MCCAIN submitted an SEC. 402. ADDITIONAL MARINE CORPS PER- amendment intended to be proposed by SONNEL FOR THE MARINE CORPS (iii) any expansion of intelligence collec- him to the bill S. 3254, to authorize ap- SECURITY GUARD PROGRAM. tion activities. (B) A description of the current status of propriations for fiscal year 2013 for (a) ADDITIONAL PERSONNEL.— (1) IN GENERAL.—The Secretary of Defense Marine Corps personnel assigned to the Pro- military activities of the Department shall develop and implement a plan which gram as a result of the plan required by sub- of Defense, for military construction, shall increase the number of Marine Corps section (a). and for defense activities of the De- personnel assigned to the Marine Corps Em- (C) A description of the Department of De- partment of Energy, to prescribe mili- bassy Security Group at Quantico, Virginia, fense resources required in the fiscal year tary personnel strengths for such fiscal and Marine Security Group Regional Com- ending on the date of such report to support year, and for other purposes; which was mands and Marine Security Group detach- the Marine Corps Security Guard program, ordered to lie on the table; as follows: ments at United States missions around the including total end strength and key sup- world by up to 1,000 Marines during fiscal porting programs that enable both its cur- At the end of subtitle C of title XV, add the years 2014 through 2017. rent and expanded mission during such fiscal following: (2) PURPOSE.—The purpose of the increase year. SEC. 1536. SUBMITTAL TO CONGRESS OF RISK AS- under paragraph (1) shall be to provide the (D) A reassessment of the mission of the SESSMENTS ON CHANGES IN UNITED end strength and resources necessary to sup- Program, as well as procedural rules of en- STATES TROOP LEVELS IN AFGHANI- port an increase in Marine Corps security at gagement under the Program, in light of cur- STAN. United States consulates and embassies rent and emerging threats to United States (a) SUBMITTAL REQUIRED.—Not later than throughout the world, and in particular at diplomatic personnel, and a description and 30 days after a decision by the President to locations identified by the Secretary of assessment of options to improve the Pro- change the levels of United States Armed State as in need of increased security in gram to respond to such threats. Forces deployed in Afghanistan, the Chair- light of threats to United States personnel (E) An assessment of the feasibility and ad- man of the Joint Chiefs of Staff shall submit and property by terrorists. visability of authorizing, funding, and ad- to the congressional defense committees a (b) CONSULTATION.—The Secretary of De- ministering the Program as a separate pro- detailed assessment of the risk posed by such fense shall develop and implement the plan gram within the Marine Corps, and if such change in levels to the United States mission required by subsection (a) in consultation actions are determined to be feasible and ad- and interests in Afghanistan. with the Secretary of State pursuant to the visable, recommendations for legislative and (b) ELEMENTS.—The risk assessment under responsibility of the Secretary of State for administrative actions to provide for author- subsection (a) on a change in levels of United diplomatic security under section 103 of the izing, funding, and administering the Pro- States Armed Forces in Afghanistan shall in- Diplomatic Security Act (22 U.S.C. 4802), and gram as a separate program within the Ma- clude the following: in accordance with any current memo- rine Corps. (1) A description of the current security randum of understanding between the De- (2) REPORT ON CHANGES IN SCOPE OF PRO- situation in Afghanistan. partment of State and the Marine Corps on GRAM IN RESPONSE TO CHANGING THREATS.—If (2) A description of any anticipated the operational and administrative super- the President determines that a modifica- changes to United States military operations vision of the Marine Corps Security Guard tion (whether an increase or a decrease) in and objectives in Afghanistan resulting from Program. the scope of the Marine Corps Security such change in levels. (c) FUNDING.— Guard Program is necessary or advisable in (3) An identification and assessment of any (1) BUDGET REQUESTS.—The budget of the light of any change in the nature of threats changes in United States military capabili- President for each fiscal year after fiscal to United States embassies, consulates and ties, including manpower, logistics, intel- year 2013, as submitted to Congress pursuant other diplomatic facilities abroad, the Presi- ligence, and mobility support, in Afghani- to section 1105(a) of title 31, United States dent shall— stan resulting from such change in levels. Code, shall set forth as separate line ele- (A) notify Congress of such modification (4) An identification and assessment of the ments, under the amounts requested for such and the change in the nature of threats risk associated with any changes in United fiscal year for each of procurement, oper- prompting such modification; and States military capabilities, operations, and ation and maintenance, and military per- (B) take such modification into account in objectives in Afghanistan resulting from sonnel to fully fund each of the following: requesting an end strength and funds for the such change in levels. (A) The Marine Corps. Program for any fiscal year in which such (5) An identification and assessment of any (B) The Marine Corps Security Guard Pro- modification is in effect. capability gaps within the Afghanistan secu- gram, including for the additional personnel rity forces that will impact their ability to under the Marine Corps Security Guard Pro- SA 3052. Mr. MCCAIN submitted an conduct operations following such change in gram as result of the plan required by sub- amendment intended to be proposed by levels. section (a). (6) An identification and assessment of the (2) PRESERVATION OF FUNDING FOR USMC him to the bill S. 3254, to authorize ap- risk associated with the transition of combat UNDER NATIONAL MILITARY STRATEGY.—In de- propriations for fiscal year 2013 for responsibilities to the Afghanistan security termining the amounts to be requested for a military activities of the Department forces following such change in levels. fiscal year for the Marine Corps Security of Defense, for military construction,

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00073 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.001 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15684 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 28, 2012 and for defense activities of the De- (2) CONTENT.—The report required under fied in subsection (b) before any other de- partment of Energy, to prescribe mili- paragraph (1) shall include the following ele- partment or agency of the Federal Govern- tary personnel strengths for such fiscal ments: ment. year, and for other purposes; which was (A) A description of the elements set forth (d) CONDITIONS OF TRANSFER.—Excess air- ordered to lie on the table; as follows: under subsection (a)(1). craft transferred under subsection (a)— (B) A description of the assumptions used (1) may be used only for wildfire suppres- At the end of subtitle F of title X, add the in the examination, including assumptions sion purposes; and following: relating to— (2) may not be flown or otherwise removed SEC. 1064. REPORT ON MILITARY RESOURCES (i) the status of readiness of the Armed from the United States unless dispatched by NECESSARY TO EXECUTE UNITED Forces; the National Interagency Fire Center in sup- STATES FORCE POSTURE STRATEGY IN THE ASIA PACIFIC REGION. (ii) the cooperation of allies, mission-shar- port of an international agreement to assist (a) REVIEW REQUIRED.— ing, and additional benefits to and burdens in wildfire suppression efforts or for other (1) IN GENERAL.—The Secretary of Defense on the Armed Forces resulting from coali- purposes approved by the Secretary of Agri- shall, in consultation with the Chairman of tion operations; culture in writing in advance. the Joint Chiefs of Staff, conduct a com- (iii) warning times; (e) EXPIRATION OF AUTHORITY.—The author- prehensive review of the national defense (iv) levels of engagement in operations ity to transfer excess aircraft under sub- strategy, force structure, force moderniza- other than war and smaller-scale contin- section (a) shall expire on December 31, 2013. tion plans, infrastructure, budget plan, and gencies and withdrawal from such operations SEC. 1085. REAUTHORIZATION OF SALE OF AIR- other elements of the defense program and and contingencies; CRAFT AND PARTS FOR WILDFIRE policies of the United States with regard to (v) the intensity, duration, and military SUPPRESSION PURPOSES. the Asia Pacific region to determine the re- and political end-states of conflicts and Section 2 of the Wildfire Suppression Air- sources, equipment, and transportation re- smaller-scale contingencies; and craft Transfer Act of 1996 (10 U.S.C. 2576 quired to meet the strategic and operational (vi) the roles and responsibilities that note) is amended— plans of the United States. would be discharged by contractors. (1) in subsection (a), by striking ‘‘during (2) ELEMENTS.—The review required under (C) Any other matters the Secretary of De- the period beginning on October 1, 1996, and paragraph (1) shall include the following ele- fense considers appropriate. ending on September 30, 2005’’ and inserting ments: (D) The assessment of the Chairman of the ‘‘during a period specified in subsection (g)’’; (A) The force structure, force moderniza- Joint Chiefs of Staff under subsection (b), in- (2) by redesignating subsection (g) as sub- tion plans, infrastructure, budget plan, and cluding related comments of the Secretary section (h); and other elements of the defense program of the of Defense. (3) by inserting after subsection (f) the fol- United States associated with the Asia Pa- (3) FORM.—The report required under para- lowing new subsection (g): cific region that would be required to exe- graph (1) may be submitted in classified or ‘‘(g) PERIODS FOR EXERCISE OF AUTHOR- cute successfully the full range of missions unclassified form. ITY.—The periods specified in this subsection called for in the national defense strategy. are the following: (B) An estimate of the timing for initial SA 3053. Mr. MCCAIN (for himself, ‘‘(1) The period beginning on October 1, and final operational capability for each unit Mrs. FEINSTEIN, Mr. NELSON of Florida, 1996, and ending on September 30, 2005. based in, realigned within, or identified for Mr. JOHANNS, and Mrs. BOXER) sub- ‘‘(2) The period beginning on October 1, support to the Asia Pacific region. mitted an amendment intended to be 2012, and ending on September 30, 2017.’’. (C) An assessment of the strategic and tac- proposed by him to the bill S. 3254, to tical sea, ground, and air transportation re- authorize appropriations for fiscal year SA 3054. Mr. MCCAIN submitted an quired for the forces assigned to the Asia Pa- 2013 for military activities of the De- amendment intended to be proposed by cific region to meet strategic and oper- partment of Defense, for military con- him to the bill S. 3254, to authorize ap- ational plans. propriations for fiscal year 2013 for (D) The specific capabilities, including the struction, and for defense activities of general number and type of specific military the Department of Energy, to prescribe military activities of the Department platforms, their permanent station, and military personnel strengths for such of Defense, for military construction, planned forward operating locations needed fiscal year, and for other purposes; and for defense activities of the De- to achieve the strategic and warfighting ob- which was ordered to lie on the table; partment of Energy, to prescribe mili- jectives identified in the review. as follows: tary personnel strengths for such fiscal (E) The forward presence, phased deploy- At the end of subtitle H of title X, add the year, and for other purposes; which was ments, pre-positioning, and other antici- following: ordered to lie on the table; as follows: patory deployments of manpower or military equipment necessary for conflict deterrence SEC. 1084. TRANSFER OF EXCESS AIRCRAFT FOR At the end of subtitle C of title X, add the and adequate military response to antici- WILDFIRE SUPPRESSION PURPOSES. following: pated conflicts. (a) TRANSFER.—Subject to subsection (c), SEC. 1024. NOTICE TO CONGRESS AND WAIT ON (F) The budget plan that would be required the Secretary of Defense shall transfer ex- PROPOSALS TO NAME NAVAL VES- to provide sufficient resources to execute cess aircraft specified in subsection (b) to SELS. successfully the full range of missions and the Secretary of Agriculture for use by the Section 7292 of title 10, United States Code, phased operations in the Asia Pacific region Forest Service for wildfire suppression pur- is amended by adding at the end the fol- at a low-to-moderate level of risk and any poses. The transfer of any excess aircraft lowing new subsection: additional resources (beyond those pro- under this subsection shall be without reim- ‘‘(d) The Secretary of the Navy may not grammed in the current future-years defense bursement. announce or implement any proposal to program) required to achieve such a level of (b) AIRCRAFT.— name a vessel of the Navy until 30 days after risk. (1) IN GENERAL.—The aircraft transferred the date on which the Secretary submits to (G) Budgetary recommendations that are under subsection (a) are aircraft of the De- the Committees on Armed Services of the not constrained to comply with and are fully partment of Defense that are— Senate and the House of Representatives a independent of the budget submitted to Con- (A) identified by the Forest Service as a report setting forth such proposal.’’. gress by the President pursuant to section suitable platform for wildfire suppression 1105 of title 31, United States Code. missions; SA 3055. Mr. MANCHIN (for himself (B) subject to paragraph (2), excess to the (b) CJCS REVIEW.—Upon the completion of and Mrs. BOXER) submitted an amend- needs of the Department of Defense, as deter- the review under subsection (a), the Chair- ment intended to be proposed by him man of the Joint Chiefs of Staff shall prepare mined by the Secretary of Defense; and and submit to the Secretary of Defense the (C) acceptable for use by the Forest Serv- to the bill S. 3254, to authorize appro- Chairman’s assessment of the review, includ- ice, as determined by the Secretary of Agri- priations for fiscal year 2013 for mili- ing the Chairman’s assessment of risk and a culture. tary activities of the Department of description of the capabilities needed to ad- (2) LIMITATION ON DETERMINATION AS EX- Defense, for military construction, and dress such risk. CESS.—Aircraft may not be determined to be for defense activities of the Depart- (c) REPORT.— excess for purposes of this subsection if such ment of Energy, to prescribe military (1) IN GENERAL.—Not later than one year aircraft are expressly prohibited from being personnel strengths for such fiscal after the date of the enactment of this Act, determined excess by law. year, and for other purposes; which was the Secretary of Defense shall submit to the (c) PRIORITY IN TRANSFER.—The Secretary congressional defense committees a report of Agriculture shall be afforded a priority in ordered to lie on the table; as follows: on the results of the review required under the transfer under subsection (a) of excess At the end of subtitle H of title V, add the subsection (a). aircraft of the Department of Defense speci- following:

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00074 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.001 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15685 SEC. 585. ADVANCEMENT OF BRIGADIER GEN- eign Area Officer program and a discussion ‘‘(2) Covered beneficiaries under this chap- ERAL CHARLES E. YEAGER, UNITED of how they complement or are distinct from ter who are former members, dependents of STATES AIR FORCE (RETIRED), ON the Foreign Area Officer program. former members, or survivors of any uni- THE RETIRED LIST. (6) Planned actions to ensure Foreign Area formed service not under the jurisdiction of (a) ADVANCEMENT.—Brigadier General Officers maintain the skills acquired the Department of Defense. Charles E. Yeager, United States Air Force through the program when serving in a non- ‘‘(d) CONSTRUCTION WITH OTHER BENE- (retired), is entitled to hold the rank of Foreign Area Officer capacity, including lan- FITS.—(1) Nothing in this section shall be major general while on the retired list of the guage skills, cultural understanding, and re- construed as limiting or otherwise affecting Air Force. gional knowledge. the benefits otherwise provided under this (b) ADDITIONAL BENEFITS NOT TO ACCRUE.— The advancement of Charles E. Yeager on (7) Planned actions in creating a Foreign chapter to a covered beneficiary who is a the retired list of the Air Force under sub- Area Officer Reserve Corps across all serv- beneficiary by virtue of— section (a) shall not affect the retired pay or ices that is fully trained and capable of car- ‘‘(A) service in the Coast Guard, the Com- other benefits from the United States to rying out Foreign Area Officer missions. missioned Corp of the National Oceanic and which Charles E. Yeager is now or may in (8) A description of mechanisms that the Atmospheric Administration, or the Com- the future be entitled based upon his mili- Department of Defense utilizes to maintain a missioned Corp of the Public Health Service; tary service or affect any benefits to which connection to Foreign Area Officer program or any other person may become entitled based alumni and a discussion on the effectiveness ‘‘(B) being a dependent of a member of a on his service. of each mechanism. service described in subparagraph (A). (c) RECOMMENDATIONS.—The report sub- ‘‘(2) Nothing in this section shall be con- SA 3056. Mrs. HAGAN submitted an mitted under subsection (a) shall include strued as limiting or otherwise affecting the amendment intended to be proposed by recommendations for any legislation nec- benefits provided to a medicare-eligible ben- essary to enhance the Foreign Area Officer her to the bill S. 3254, to authorize ap- eficiary under— program in support of the newly articulated ‘‘(A) this chapter; propriations for fiscal year 2013 for rebalance to the Asia-Pacific. ‘‘(B) part A of title XVIII of the Social Se- military activities of the Department curity Act (42 U.S.C. 1395c et seq.); or of Defense, for military construction, SA 3058. Mrs. GILLIBRAND (for her- ‘‘(C) any other law.’’. and for defense activities of the De- self, Mr. LIEBERMAN, Mr. BLUMENTHAL, (2) CLERICAL AMENDMENT.—The table of partment of Energy, to prescribe mili- Mr. KERRY, Mr. BROWN of Massachu- sections at the beginning of chapter 55 of tary personnel strengths for such fiscal setts, Mr. BEGICH, Mr. MENENDEZ, Mr. such title is amended by inserting after the year, and for other purposes; which was SANDERS, Mr. AKAKA, Ms. MIKULSKI, item relating to section 1077 the following ordered to lie on the table; as follows: Mr. LEAHY, and Mr. BROWN of Ohio) new item: At the end of subtitle B of title II, add the submitted an amendment intended to ‘‘1077a. Treatment of autism under the following: be proposed by her to the bill S. 3254, to TRICARE program.’’. SEC. 216. EXTENSION OF AUTHORITY TO AWARD authorize appropriations for fiscal year (b) FUNDING.— PRIZES FOR ADVANCED TECH- 2013 for military activities of the De- (1) INCREASE.—The amount authorized to NOLOGY ACHIEVEMENTS. partment of Defense, for military con- be appropriated for fiscal year 2013 by sec- Section 2374a(f) of title 10, United States struction, and for defense activities of tion 1406 and available for the Defense Code, is amended by striking ‘‘September 30, Health Program for Private Sector Care as 2013’’ and inserting ‘‘September 30, 2014’’. the Department of Energy, to prescribe specified in the funding table in section 4501 military personnel strengths for such is hereby increased by $30,000,000, with the SA 3057. Mr. CASEY (for himself and fiscal year, and for other purposes; amount of the increase to be available for Mr. WARNER) submitted an amendment which was ordered to lie on the table; the provision of care in accordance with sec- intended to be proposed by him to the as follows: tion 1077a of title 10, United States Code (as bill S. 3254, to authorize appropriations At the end of subtitle A of title VII, add added by subsection (a)). for fiscal year 2013 for military activi- the following: (2) OFFSET.—The amount authorized to be ties of the Department of Defense, for SEC. 704. CERTAIN TREATMENT OF AUTISM appropriated for fiscal year 2013 by section military construction, and for defense UNDER THE TRICARE PROGRAM. 301 for Operation and Maintenance and avail- (a) CERTAIN TREATMENT OF AUTISM.— able as specified in the funding table in sec- activities of the Department of Energy, (1) IN GENERAL.—Chapter 55 of title 10, tion 4301 is hereby reduced by $30,000,000. to prescribe military personnel United States Code, is amended by inserting strengths for such fiscal year, and for after section 1077 the following new section: SA 3059. Mr. TOOMEY submitted an other purposes; which was ordered to ‘‘§ 1077a. Treatment of autism under the amendment intended to be proposed by lie on the table; as follows: TRICARE program him to the bill S. 3254, to authorize ap- At the end of subtitle F of title X, add the ‘‘(a) IN GENERAL.—Except as provided in propriations for fiscal year 2013 for following: subsection (c), for purposes of providing military activities of the Department SEC. 1064. REPORT ON FOREIGN AREA OFFICER health care services under this chapter, the of Defense, for military construction, PROGRAM. treatment of autism spectrum disorders and for defense activities of the De- (a) STUDY AND REPORT REQUIRED.—Not shall include behavioral health treatment, partment of Energy, to prescribe mili- later than 180 days after the date of the en- including applied behavior analysis, when actment of this Act, the Secretary of De- prescribed by a physician. tary personnel strengths for such fiscal fense shall conduct a study and submit to ‘‘(b) REQUIREMENTS IN PROVISION OF SERV- year, and for other purposes; which was the congressional defense committees a re- ICES.—In carrying out subsection (a), the ordered to lie on the table; as follows: port on the Foreign Area Officer program Secretary of Defense shall ensure that— At the end of subtitle F of title X, add the and implications of the strategic rebalance ‘‘(1) except as provided by paragraph (2), a following: to the Asia-Pacific region. person who is authorized to provide behav- SEC. 1064. REPORT ON ESTABLISHMENT OF (b) MATTERS COVERED.—The study and re- ioral health treatment is licensed or cer- JOINT ARMED FORCES HISTORICAL port required under subsection (a) shall tified by a State or accredited national cer- STORAGE AND PRESERVATION FA- cover the following matters: tification board; and CILITY. (1) The number of military personnel in the ‘‘(2) if applied behavior analysis or other Not later than 180 days after the date of Foreign Area Officer program by country behavioral health treatment is provided by the enactment of this Act, the Secretary of and service in each combatant commander’s an employee or contractor of a person de- Defense shall submit to the congressional de- area of responsibility. scribed in paragraph (1), the employee or fense committees a report setting forth an (2) The number of women and minorities contractor shall meet minimum qualifica- assessment of the feasability and advis- within the Foreign Area Officer Program. tions, training, and supervision requirements ability of establishing a joint Armed Forces (3) Planned actions to address the 30 per- as set forth by the Secretary who shall en- historical storage and preservation facility. cent shortage of Foreign Area Officer per- sure that covered beneficiaries have appro- The report shall include a description and as- sonnel fill rates in the United States Pacific priate access to care in accordance with best sessment of the current capacities and quali- Command, the United States Africa Com- practice guidelines. ties of the historical storage and preserva- mand, and the United States Special Oper- ‘‘(c) EXCLUSIONS.—Subsection (a) shall not tion facilities of each of the Armed Forces, ations Command. apply to the following: including the following: (4) A forecast of future Foreign Area Offi- ‘‘(1) Covered beneficiaries under this chap- (1) An identification of any excess capacity cer requirements. ter who are entitled to hospital insurance at any such facility. (5) A listing of the Department of Defense benefits under part A of title XVIII of the (2) An identification of any shortfalls in programs with objectives similar to the For- Social Security Act. the capacity or quality of such facilities of

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00075 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.001 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15686 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 28, 2012 any Armed Force, and a description of pos- 38, United States Code, shall be available to of Defense, for military construction, sible actions to address such shortfalls. the Secretary to carry out the pilot program and for defense activities of the De- required by subsection (a). partment of Energy, to prescribe mili- SA 3060. Mr. TOOMEY (for himself (g) ONE-STOP CENTER DEFINED.—In this sec- tary personnel strengths for such fiscal and Mr. BURR) submitted an amend- tion, the term ‘‘one-stop center’’ means a year, and for other purposes; which was center described in section 134(c) of the ment intended to be proposed by him ordered to lie on the table; as follows: to the bill S. 3254, to authorize appro- Workforce Investment Act of 1998 (29 U.S.C. 2864(c)). At the end of subtitle C of title XV, add the priations for fiscal year 2013 for mili- following: tary activities of the Department of SEC. 1085. REPEAL OF REQUIREMENT FOR AN- NUAL REPORT BY SECRETARY OF SEC. 1536. SENSE OF SENATE THAT THE UNITED Defense, for military construction, and VETERANS AFFAIRS ON USE OF AU- STATES SHOULD LEAVE NO MEMBER for defense activities of the Depart- THORITIES TO ENHANCE RETEN- OF THE ARMED FORCES UNAC- TION OF EXPERIENCED NURSES. COUNTED FOR IN THE WITHDRAWAL ment of Energy, to prescribe military OF FORCES FROM AFGHANISTAN. personnel strengths for such fiscal (a) IN GENERAL.—Section 7324 of title 38, United States Code, is hereby repealed. (a) FINDINGS.—The Senate makes the fol- year, and for other purposes; which was lowing findings: (b) CLERICAL AMENDMENT.—The table of (1) The United States is a Nation of great ordered to lie on the table; as follows: sections at the beginning of chapter 73 of honor and integrity. At the end of subtitle H of title X, add the such title is amended by striking the item (2) The United States has made a sacred following: relating to section 7324. SEC. 1084. PILOT PROGRAM ON PROVIDING VET- promise to members of the Armed Forces who are deployed overseas in defense of this ERANS WITH ACCESS AT ONE-STOP SA 3061. Mr. TOOMEY submitted an CENTERS TO INTERNET WEBSITES country that their sacrifice and service will TO FACILITATE ONLINE JOB amendment intended to be proposed by never be forgotten. SEARCHES. him to the bill S. 3254, to authorize ap- (3) The United States can never thank the (a) IN GENERAL.—Not later than 90 days propriations for fiscal year 2013 for proud members of the Armed Forces enough after the date of the enactment of this Act, military activities of the Department for what they do for this country on a daily the Secretary of Labor shall commence a of Defense, for military construction, basis. pilot program to assess the feasibility and and for defense activities of the De- (b) SENSE OF SENATE.—The Senate— advisability of providing veterans seeking partment of Energy, to prescribe mili- (1) believes that abandoning the search ef- employment with access to computing facili- forts for members of the Armed Forces who ties to facilitate the access of such veterans tary personnel strengths for such fiscal are missing or captured in the line of duty to Internet websites that— year, and for other purposes; which was now or in the future is unacceptable; (1) match such veterans with available jobs ordered to lie on the table; as follows: (2) believes that the United States has a re- based on the skills the veterans acquired as At the end of subtitle D of title XII, insert sponsibility to keep the promises made to members of the Armed Forces; and the following: members of the Armed Forces who risk their (2) allow employers to post information SEC. 1246. CONTINGENT LIMITATION ON AVAIL- lives on a daily basis on behalf of their fellow about available jobs. ABILITY OF FUNDS FOR UNITED Americans; (b) DURATION.—The pilot program required STATES PARTICIPATION IN JOINT (3) supports the United States Soldier’s by subsection (a) shall be carried out during MILITARY EXERCISES WITH EGYPT. Creed and the Warrior Ethos, which state the one-year period beginning on the date on (a) LIMITATION.—None of the funds author- that ‘‘I will never leave a fallen comrade’’; which the Secretary commences the pilot ized to be appropriated by this Act may be and program. made used for United States participation in (4) believes that, while the United States is (c) LOCATIONS.—The pilot program shall be joint military exercises with Egypt if the beginning the strategic withdrawal of forces carried out at such one-stop centers and such Government of Egypt abrogates, terminates, from Afghanistan, the United States must other locations as the Secretary of Labor or withdraws from the 1979 Egypt-Israel continue to fulfill these important promises considers appropriate for purposes of the peace treaty signed at Washington, D.C., on to any member of the Armed Forces who is pilot program. March 26, 1979. in a missing status or captured as a result of (d) ASSISTANCE WITH USE OF INTERNET (b) WAIVER.—The President may waive the service in Afghanistan now or in the future. WEBSITES.— limitation in subsection (a) if the President (1) IN GENERAL.—Under the pilot program, certifies to Congress in writing that the SA 3064. Mr. TOOMEY (for himself the Secretary of Labor shall provide each waiver is in the national security interests and Mr. CASEY) submitted an amend- veteran using computing facilities made of the United States. ment intended to be proposed by him available under the pilot program with as- to the bill S. 3254, to authorize appro- sistance in using such facilities to find em- SA 3062. Mr. TOOMEY submitted an priations for fiscal year 2013 for mili- ployment via Internet websites described in amendment intended to be proposed by tary activities of the Department of subsection (a). him to the bill S. 3254, to authorize ap- Defense, for military construction, and (2) DISABLED VETERANS’ OUTREACH PROGRAM propriations for fiscal year 2013 for SPECIALISTS AND LOCAL VETERANS’ EMPLOY- for defense activities of the Depart- MENT REPRESENTATIVES.—Each State that military activities of the Department ment of Energy, to prescribe military employs a disabled veterans’ outreach pro- of Defense, for military construction, personnel strengths for such fiscal gram specialist under section 4103A of title and for defense activities of the De- year, and for other purposes; which was 38, United States Code, or a local veterans’ partment of Energy, to prescribe mili- ordered to lie on the table; as follows: employment representative under section tary personnel strengths for such fiscal At the end of subtitle F of title X, add the 4104 of such title shall make such employees year, and for other purposes; which was following: available to the Secretary of Labor for pur- ordered to lie on the table; as follows: SEC. 1064. STUDY ON BRADLEY FIGHTING VEHI- poses of providing assistance under para- CLE INDUSTRIAL BASE. At the end of subtitle E of title VIII, add graph (1). (a) IN GENERAL.—Not later than 90 days the following: (e) REPORT.—Not later than 455 days after after the date of the enactment of this Act, the date of the enactment of this Act, the SEC. 888. INCLUSION OF INFORMATION ON COM- the Secretary of the Army shall conduct a Secretary of Labor shall submit to the Com- MON GROUNDS FOR SUSTAINING study on the Bradley Fighting Vehicle indus- mittee on Veterans’ Affairs and the Com- BID PROTESTS IN ANNUAL GOVERN- MENT ACCOUNTABILITY OFFICE RE- trial base. mittee on Heath, Education, Labor, and Pen- PORTS TO CONGRESS. (b) CONTENT.—The study required under sions of the Senate and the Committee on The Comptroller General of the United subsection (a) shall— Veterans’ Affairs and the Committee on Edu- States shall include in the annual report to (1) assess the quantitative impacts of a cation and the Workforce of the House of Congress on the Government Accountability production break for the Bradley Fighting Representatives a report on the pilot pro- Office each year a list of the most common Vehicle, including the cost of shutdown com- gram that includes the findings of the Sec- grounds for sustaining protests relating to pared to the cost of continued production; retary with respect to the feasibility and ad- bids for contracts during such year. and visability of providing computing facilities (2) assess the qualitative impacts of a pro- as described in subsection (a) with assistance SA 3063. Mr. TOOMEY submitted an duction break for the Bradley Fighting Vehi- as described in subsection (d) at all one-stop cle, including the loss of a specialized work- centers. amendment intended to be proposed by force and supplier base. (f) FUNDING.—Amounts made available to him to the bill S. 3254, to authorize ap- the Secretary of Labor to make grants or propriations for fiscal year 2013 for SA 3065. Mr. TOOMEY submitted an contracts under section 4102A(b)(5) of title military activities of the Department amendment intended to be proposed by

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00076 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.001 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15687 him to the bill S. 3254, to authorize ap- simulated tactical flight training in a sus- tary personnel strengths for such fiscal propriations for fiscal year 2013 for tained gravity environment. year, and for other purposes; which was military activities of the Department (6) Such other matters relating to the use ordered to lie on the table; as follows: of Defense, for military construction, of simulated tactical flight training in a sus- tained gravity environment as the Secretary At the end of subtitle H of title X, add the and for defense activities of the De- shall specify for purposes of the study. following: partment of Energy, to prescribe mili- (c) REPORT.—In providing for study pursu- SEC. 1084. PLAN TO PARTNER WITH STATE AND tary personnel strengths for such fiscal ant to subsection (a), the Secretary shall re- LOCAL ENTITIES TO ADDRESS VET- year, and for other purposes; which was quire the federally funded research and de- ERANS CLAIMS BACKLOG. ordered to lie on the table; as follows: velopment center conducting the study to (a) FINDINGS.—Congress makes the fol- At the end of subtitle D of title VII, add submit to the Secretary a report on the re- lowing findings: the following: sults of the study, including the matters (1) The Department of Veterans Affairs de- fines any claim for benefits under laws ad- SEC. 735. SUBMITTAL TO CONGRESS OF REPORT specified in subsection (b), by not later than OF INTERAGENCY TASK FORCE ON 18 months after the date of the enactment of ministered by the Secretary of Veterans Af- MILITARY AND VETERANS MENTAL this Act. fairs as backlogged if the claim has been HEALTH. (d) TRANSMITTAL TO CONGRESS.—Not later pending for 125 days or more. The Secretary of Defense and the Sec- than 90 days after the submittal to the Sec- (2) According to the Department, as of No- retary of Health and Human Services shall retary of the report required by subsection vember 24, 2012, there were 899,540 pending jointly submit to the congressional defense (c), the Secretary shall transmit the report claims, with 604,583 (67.2 percent) of those committees the report of the Interagency to the congressional defense committees, to- considered backlogged. Task Force on Military and Veterans Mental gether with any comments of the Secretary (3) The Department’s data further shows Health, established pursuant to section 6 of in light of the report and such recommenda- that, on November 22, 2010, there were 749,934 Executive Order 13625 (77 Fed. Reg. 54783), of tions for legislative or administrative action claims pending, with only 244,129 (32.6 per- which they are the co-chairs, not later than as the Secretary considers appropriate re- cent) of those considered backlogged. 30 days after the final publication of the re- garding the use of simulated tactical flight (4) During the past two years, both the port. training in a sustained gravity environment overall number of backlogged claims and the in light of the report. percentage of all pending claims that are SA 3066. Mr. TOOMEY submitted an backlogged have doubled. amendment intended to be proposed by SA 3067. Mr. CORNYN submitted an (5) In order to reduce the claims backlog at him to the bill S. 3254, to authorize ap- amendment intended to be proposed by regional offices of the Department of Vet- propriations for fiscal year 2013 for him to the bill S. 3254, to authorize ap- erans Affairs located in Texas, the Texas military activities of the Department propriations for fiscal year 2013 for Veterans Commission announced two initia- military activities of the Department tives on July 19, 2012, to partner with the De- of Defense, for military construction, partment of Veterans Affairs— and for defense activities of the De- of Defense, for military construction, (A) to assist veterans whose claims are al- partment of Energy, to prescribe mili- and for defense activities of the De- ready backlogged to complete development tary personnel strengths for such fiscal partment of Energy, to prescribe mili- of those claims; and year, and for other purposes; which was tary personnel strengths for such fiscal (B) to help veterans who are filing new ordered to lie on the table; as follows: year, and for other purposes; which was claims to fully develop those claims prior to At the end of subtitle F of title X, add the ordered to lie on the table; as follows: filing them, shortening the processing time required. following: At the end of subtitle E of title X, add the (6) The common goal of the two initiatives SEC. 1064. REPORT ON SIMULATED TACTICAL following: FLIGHT TRAINING IN A SUSTAINED of the Texas Veterans Commission, called SEC. 1048. PROHIBITION ON FUNDS TO ENTER the ‘‘Texas State Strike Force Team’’ and GRAVITY ENVIRONMENT. INTO CONTRACTS OR AGREEMENTS (a) INDEPENDENT STUDY REQUIRED.—The WITH ROSOBORONEXPORT. the ‘‘Fully Developed Claims Team Initia- Secretary of Defense shall provide for the None of the funds authorized to be appro- tive’’, is to reduce the backlog of claims conduct by an appropriate federally funded priated by this Act may be used to enter into pending in Texas by 17,000 within one year. research and development center (FFRDC) of a contract, memorandum of understanding, (7) During the first two months of these a study on the effectiveness of simulated tac- or cooperative agreement with, to make a new initiatives, the Texas Veterans Commis- tical flight training in a sustained gravity grant to, or to provide a loan or loan guar- sion helped veterans complete development environment. antee to Rosoboronexport. of more than 2,500 backlogged claims and as- (b) ELEMENTS.—The study conducted pur- sisted veterans with the submission of more suant to subsection (a) shall include the fol- SA 3068. Mr. CORNYN (for himself, than 800 fully developed claims. lowing: (8) In testimony before the Subcommittee Mr. MENENDEZ, and Mr. INHOFE) sub- (1) An assessment of the effectiveness of on Disability Assistance and Memorial Af- high fidelity simulated tactical flight train- mitted an amendment intended to be fairs of the Committee on Veterans’ Affairs ing in a sustained gravity environment gen- proposed by him to the bill S. 3254, to of the House of Representatives on Sep- erally, and, in particular, the effectiveness of authorize appropriations for fiscal year tember 21, 2012, Diana Rubens, Deputy Under such training in preparing pilots to with- 2013 for military activities of the De- Secretary for Field Operations of the Vet- stand and tolerate the high-gravity forces partment of Defense, for military con- erans Benefits Administration, indicated associated with the operation of high-per- struction, and for defense activities of that the Department of Veterans Affairs has formance combat aircraft (commonly re- the Department of Energy, to prescribe experienced positive outcomes in projects ferred to as ‘‘G readiness’’ and ‘‘G toler- military personnel strengths for such with the Texas Veterans Commission, stat- ance’’). ing that both Veterans Service Organiza- (2) An assessment of the cost savings to be fiscal year, and for other purposes; tions ‘‘and state and county service achieved through the use of simulated tac- which was ordered to lie on the table; officers...are important partners in tical flight training in a sustained gravity as follows: VBA’s transformation to better serve Vet- environment, including cost savings associ- At the end of subtitle D of title I, add the erans.’’. ated with operation and maintenance and following: (9) At the same hearing, Mr. John Limpose, life cycle savings associated with aircraft SEC. 146. SALE OF F–16C/D MULTIROLE FIGHTER director of the regional office of the Depart- and airframe usage. AIRCRAFT TO TAIWAN. ment of Veterans Affairs in Waco, Texas, tes- (3) An assessment of the safety benefits to The President shall carry out the sale of tified that the ‘‘TVC is working very, very be achieved through the use of simulated not fewer than 66 F–16C/D multirole fighter well’’ with regional offices of the Depart- tactical flight training in a sustained grav- aircraft to Taiwan. ment in Texas, calling the Texas Veterans ity environment. Commission a ‘‘very positive story that we (4) An identification and assessment of SA 3069. Mr. CORNYN submitted an can branch out into...all of our stake- other benefits to be achieved through the use amendment intended to be proposed by holders.’’. of simulated tactical flight training in a sus- him to the bill S. 3254, to authorize ap- (b) REPORT.— tained gravity environment, including bene- propriations for fiscal year 2013 for (1) IN GENERAL.—Not later than 60 days fits relating to physiological research and after the date of the enactment of this Act, benefits relating to reductions in carbon military activities of the Department the Secretary of Veterans Affairs shall sub- emissions. of Defense, for military construction, mit to Congress a plan to reduce the current (5) An evaluation and comparison of tac- and for defense activities of the De- backlog of pending claims for benefits under tical flight simulators that could be used for partment of Energy, to prescribe mili- laws administered by the Secretary and

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(2) CONTENTS.—The report required by partment of Energy, to prescribe mili- (f) FUNDING.—Of the amounts authorized to paragraph (1) shall include the following: tary personnel strengths for such fiscal be appropriated for each of fiscal years 2013 and 2014 for the Working Capital Fund, (A) A summary of all steps the Secretary year, and for other purposes; which was has taken thus far to partner with non-Fed- Army, not more than $6,000,000, shall be eral entities in support of efforts to reduce ordered to lie on the table; as follows: available in such fiscal year to carry out the the backlog described in paragraph (1) and At the end of subtitle C of title V, add the research study. more efficiently process claims described in following: such paragraph in the future. SEC. 526. RESEARCH STUDY ON RESILIENCE IN SA 3072. Mr. INHOFE submitted an (B) A plan for the Secretary to partner MEMBERS OF THE ARMY. amendment intended to be proposed by with non-Federal entities, and when appro- (a) RESEARCH STUDY REQUIRED.— him to the bill S. 3254, to authorize ap- priate, provide financial support to non-Fed- (1) IN GENERAL.—The Secretary of the propriations for fiscal year 2013 for eral entities, to support efforts to reduce Army shall carry a research program on re- silience in members of the Army. military activities of the Department such backlog and more efficiently process of Defense, for military construction, such claims in the future, including the fol- (2) PURPOSE.—The purpose of the research lowing: study shall be to determine the effectiveness and for defense activities of the De- (i) State and local agencies relating to vet- of the current Comprehensive Soldier and partment of Energy, to prescribe mili- erans affairs. Family Fitness (CSF2) Program of the Army tary personnel strengths for such fiscal (ii) Organizations recognized by the Sec- while verifying the current means of the year, and for other purposes; which was retary for the representation of veterans Army to reduce trends in high risk or self- ordered to lie on the table; as follows: destructive behavior and to prepare members under section 5902 of title 38, United States At the end of subtitle E of title II, add the of the Army to manage stressful or trau- Code. following: (iii) Such other relevant government and matic situations by training members in re- silience strategies and techniques. SEC. 272. SENSE OF SENATE ON INCREASING THE non-government entities as the Secretary COST-EFFECTIVENESS OF TRAINING considers appropriate. (3) ELEMENTS.—In carrying out the re- EXERCISES FOR MEMBERS OF THE (C) A description of how the Secretary in- search study, the Secretary shall determine ARMED FORCES. tends to leverage partnerships with non-Fed- the effectiveness of training under the Com- It is the sense of the Senate that— eral entities described in subparagraph (B) to prehensive Soldier and Family Fitness pro- (1) modeling and simulation will continue eliminate such backlog, including through gram in— to play a critical role in the training of the increasing the percentage of claims that are (A) enhancing individual performance members of the Armed Forces; fully developed prior to submittal to the through resiliency techniques and use of (2) while increased modeling and simula- Secretary and ensuring that new claims are positive and sports psychology; and tion has reduced overall costs of training of fully developed prior to their submittal. (B) identifying and responding to early members of the Armed Forces, there are still (D) A description of what steps the Sec- signs of high-risk behavior in members of the significant costs associated with the human retary has taken and will take— Army assigned to units involved in the re- resources required to execute certain train- (i) to expedite the processing of claims search study. ing exercises where role-playing actors for that are already fully developed at the time (4) SCIENCE-BASED EVIDENCE AND TECH- certain characters such as opposing forces, of submittal; and NIQUES.—The research study shall be rooted the civilian populace, other government (ii) to support initiatives by non-Federal in scientific evidence, using professionally agencies, and non-governmental organiza- entities described in subparagraph (B) to accepted measurements of experiments, of tions are required; help claimants gather and submit necessary longitudinal research, random-assignment, (3) technological advances in areas such as evidence for claims that were previously and placebo-controlled outcome studies to varying levels of autonomy for systems, filed but require further development. evaluate which interventions can prove posi- multi-player gaming techniques, and artifi- tive results and which result in no impact. cial intelligence could reduce the number of SA 3070. Mr. SHELBY submitted an (b) LOCATIONS.—The Secretary carry out personnel required to support certain train- amendment intended to be proposed by the research study at locations selected by ing exercises for members of the Armed the Secretary from among Army installa- him to the bill S. 3254, to authorize ap- Forces, and thereby reduce the overall cost tions which are representative of the Total of the exercises; and propriations for fiscal year 2013 for Force. Units from all components of the military activities of the Department (4) the Secretary of Defense should develop Army shall be involved in the research a plan to increase the use of emerging tech- of Defense, for military construction, study. nologies in autonomous systems, the com- (c) TRAINING.—In carrying out the research and for defense activities of the De- mercial gaming sector, and artificial intel- study at an installation selected pursuant to partment of Energy, to prescribe mili- ligence for training exercises for members of subsection (b), the Secretary shall ensure, at the Armed Forces to increase training effec- tary personnel strengths for such fiscal a minimum, that whenever a unit returns year, and for other purposes; which was from combat deployment to the installation tiveness and reduce costs. ordered to lie on the table; as follows: the training established for purposes of the SA 3073. Mr. NELSON of Florida sub- research study is provided to all members of At the end of subtitle H of title X, add the mitted an amendment intended to be following: the Army returning for such deployment. proposed by him to the bill S. 3254, to SEC. 1084. CERTIFICATE OF DOCUMENTATION The training shall include such training as FOR DRY DOCK. the Secretary considers appropriate to re- authorize appropriations for fiscal year (a) REQUIREMENT TO ISSUE.—Notwith- duce trends in high risk or self-destructive 2013 for military activities of the De- standing sections 12103, 12105, 12112, 55102, behavior partment of Defense, for military con- and 55103 of title 46, United States Code, the (d) PERIOD.—The Secretary shall carry out struction, and for defense activities of Secretary of the department in which the the research study through September 30, the Department of Energy, to prescribe Coast Guard is operating shall issue a certifi- 2014. (e) REPORTS.—Not later than 30 days after military personnel strengths for such cate of documentation with appropriate en- the end of each of fiscal years 2013 and 2014, fiscal year, and for other purposes; dorsement for engaging in the coastwise the Secretary shall submit to the Commit- trade in the United States for Dry Dock 17 which was ordered to lie on the table; tees on Armed Forces of the Senate and the (formerly USN-YFD-17). as follows: House of Representatives a report on the re- (b) NOTIFICATION OF TRANSFER OF OWNER- At the end of subtitle D of title VI, add the search study during the preceding fiscal SHIP.—A dry dock issued a certificate of doc- following: year. Each report shall include the following: umentation under subsection (a) shall sub- SEC. 643. REPEAL OF REQUIREMENT OF REDUC- (1) A description of the trends in high risk mit to Congress a notification of any pro- TION OF SURVIVOR BENEFITS PLAN or self-destructive behavior within each of posed transfer of ownership of such dry dock SURVIVOR ANNUITIES BY DEPEND- the units involved in the research study dur- not later than 120 days prior to the date of ENCY AND INDEMNITY COMPENSA- ing the fiscal year covered by such report. TION. such proposed transfer. (2) A description of the effectiveness of (a) REPEAL.— Ms. COLLINS submitted an Comprehensive Soldier and Family Fitness (1) IN GENERAL.—Subchapter II of chapter SA 3071. Program training in enhancing individual 73 of title 10, United States Code, is amended amendment intended to be proposed by performance through resiliency techniques, as follows: her to the bill S. 3254, to authorize ap- utilization of positive psychology. (A) In section 1450, by striking subsection propriations for fiscal year 2013 for (3) In the case of the report on fiscal year (c). military activities of the Department 2014, such recommendations for the expan- (B) In section 1451(c)—

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Mr. NELSON of Florida (for Identification, which states that a unique (ii) by redesignating paragraphs (3) and (4) himself and Mr. RUBIO) submitted an identification equivalent recognized by the as paragraphs (2) and (3), respectively. amendment intended to be proposed by Department is required for certain acquisi- (2) CONFORMING AMENDMENTS.—Such sub- him to the bill S. 3254, to authorize ap- tions; chapter is further amended as follows: (3) to encourage the Armed Forces to adopt (A) In section 1450— propriations for fiscal year 2013 for and implement Item Unique Identification (i) by striking subsection (e); military activities of the Department actions and milestones; and (ii) by striking subsection (k); and of Defense, for military construction, (4) to support investment of sufficient re- (iii) by striking subsection (m). and for defense activities of the De- sources and continued training and leader- (B) In section 1451(g)(1), by striking sub- partment of Energy, to prescribe mili- ship to enable the Department to capture paragraph (C). tary personnel strengths for such fiscal meaningful data and optimize the benefits of (C) In section 1452— year, and for other purposes; which was the Item Unique Identification Initiative. (i) in subsection (f)(2), by striking ‘‘does ordered to lie on the table; as follows: not apply—’’ and all that follows and insert- SA 3076. Mr. LIEBERMAN (for him- ing ‘‘does not apply in the case of a deduc- On page 394, between lines 7 and 8, insert self, Ms. COLLINS, Mr. CARPER, and Mr. the following: tion made through administrative error.’’; BROWN of Massachusetts) submitted an and SEC. 1084. ACCEPTANCE AND USE OF NON-FED- amendment intended to be proposed by (ii) by striking subsection (g). ERAL AMOUNTS FOR NAVIGATION PROJECTS. him to the bill S. 3254, to authorize ap- (D) In section 1455(c), by striking ‘‘, propriations for fiscal year 2013 for 1450(k)(2),’’. (a) IN GENERAL.—Subject to subsection (b), (b) PROHIBITION ON RETROACTIVE BENE- the Secretary of the Army, acting through military activities of the Department FITS.—No benefits may be paid to any person the Chief of Engineers, may accept and use of Defense, for military construction, for any period before the effective date pro- non-Federal amounts to construct a naviga- and for defense activities of the De- vided under subsection (f) by reason of the tion project that has not been specifically partment of Energy, to prescribe mili- amendments made by subsection (a). authorized by an Act of Congress if— tary personnel strengths for such fiscal (c) PROHIBITION ON RECOUPMENT OF CERTAIN (1) the Secretary has received a completed report of the Chief of Engineers for the year, and for other purposes; which was AMOUNTS PREVIOUSLY REFUNDED TO SBP RE- ordered to lie on the table; as follows: CIPIENTS.—A surviving spouse who is or has project; been in receipt of an annuity under the Sur- (2) the project will be constructed accord- At the end of division A, add the following: vivor Benefit Plan under subchapter II of ing to the specifications of the Corps of Engi- TITLE XVIII—FIRE GRANTS chapter 73 of title 10, United States Code, neers; and REAUTHORIZATION that is in effect before the effective date pro- (3) the project is funded by non-Federal SEC. 1801. SHORT TITLE. vided under subsection (f) and that is ad- sources using non-Federal amounts. This title may be cited as the ‘‘Fire Grants justed by reason of the amendments made by (b) DURATION.—The authority provided Reauthorization Act of 2012’’. under subsection (a) applies only to projects subsection (a) and who has received a refund SEC. 1802. AMENDMENTS TO DEFINITIONS. on which construction begins in the 2-year of retired pay under section 1450(e) of title (a) IN GENERAL.—Section 4 of the Federal 10, United States Code, shall not be required period beginning on the date of enactment of Fire Prevention and Control Act of 1974 (15 to repay such refund to the United States. this Act. U.S.C. 2203) is amended— (d) REPEAL OF AUTHORITY FOR OPTIONAL (1) in paragraph (3), by inserting ‘‘, except ANNUITY FOR DEPENDENT CHILDREN.—Section SA 3075. Mr. WHITEHOUSE sub- as otherwise provided,’’ after ‘‘means’’; 1448(d) of such title is amended— mitted an amendment intended to be (2) in paragraph (4), by striking ‘‘ ‘Director’ (1) in paragraph (1), by striking ‘‘Except as proposed by him to the bill S. 3254, to means’’ and all that follows through ‘‘Agen- provided in paragraph (2)(B), the Secretary authorize appropriations for fiscal year cy;’’ and inserting ‘‘ ‘Administrator of concerned’’ and inserting ‘‘The Secretary 2013 for military activities of the De- FEMA’ means the Administrator of the Fed- concerned’’; and partment of Defense, for military con- eral Emergency Management Agency;’’; (2) in paragraph (2)— struction, and for defense activities of (3) in paragraph (5)— (A) by striking ‘‘DEPENDENT CHILDREN.—’’ the Department of Energy, to prescribe (A) by inserting ‘‘Indian tribe,’’ after and all that follows through ‘‘In the case of ‘‘county,’’; and a member described in paragraph (1),’’ and military personnel strengths for such (B) by striking ‘‘and ‘firecontrol’ ’’ and in- inserting ‘‘DEPENDENT CHILDREN ANNUITY fiscal year, and for other purposes; serting ‘‘and ‘fire control’ ’’; WHEN NO ELIGIBLE SURVIVING SPOUSE.—In the which was ordered to lie on the table; (4) by redesignating paragraphs (6) through case of a member described in paragraph as follows: (9) as paragraphs (7) through (10), respec- (1),’’; and At the end of subtitle B of title VIII, add tively; (B) by striking subparagraph (B). the following: (5) by inserting after paragraph (5), the fol- (e) RESTORATION OF ELIGIBILITY FOR PRE- SEC. 826. SENSE OF SENATE ON THE CONTINUING lowing: VIOUSLY ELIGIBLE SPOUSES.—The Secretary PROGRESS OF THE DEPARTMENT OF ‘‘(6) ‘Indian tribe’ has the meaning given of the military department concerned shall DEFENSE IN IMPLEMENTING ITS that term in section 4 of the Indian Self-De- restore annuity eligibility to any eligible ITEM UNIQUE IDENTIFICATION INI- termination and Education Assistance Act surviving spouse who, in consultation with TIATIVE. (25 U.S.C. 450b) and ‘tribal’ means of or per- the Secretary, previously elected to transfer (a) FINDINGS.—The Senate makes the fol- taining to an Indian tribe;’’; payment of such annuity to a surviving child lowing findings: (6) by redesignating paragraphs (9) and (10), or children under the provisions of section (1) In 2003, the Department of Defense initi- as redesignated by paragraph (4), as para- 1448(d)(2)(B) of title 10, United States Code, ated the Item Unique Identification (IUID) graphs (10) and (11); as in effect on the day before the effective Initiative, which requires the marking and (7) by inserting after paragraph (8), as re- date provided under subsection (f). Such eli- tracking of assets deployed throughout the designated by paragraph (4), the following: gibility shall be restored whether or not pay- Armed Forces or in the possession of Depart- ‘‘(9) ‘Secretary’ means, except as otherwise ment to such child or children subsequently ment contractors. provided, the Secretary of Homeland Secu- was terminated due to loss of dependent sta- (2) The Initiative has the potential for re- rity;’’; and tus or death. For the purposes of this sub- alizing significant cost savings and improv- (8) by amending paragraph (10), as redesig- section, an eligible spouse includes a spouse ing the management of defense equipment nated by paragraph (6), to read as follows: who was previously eligible for payment of and supplies throughout their lifecycle. ‘‘(10) ‘State’ has the meaning given the such annuity and is not remarried, or remar- (3) The Initiative can help the Department term in section 2 of the Homeland Security ried after having attained age 55, or whose combat the growing problem of counterfeits Act of 2002 (6 U.S.C. 101).’’. second or subsequent marriage has been ter- in the military supply chain. (b) CONFORMING AMENDMENTS.— minated by death, divorce or annulment. (b) SENSE OF SENATE.—It is the sense of the (1) ADMINISTRATOR OF FEMA.—The Federal (f) EFFECTIVE DATE.—This section and the Senate— Fire Prevention and Control Act of 1974 (15 amendments made by this section shall take (1) to support efforts by the Department of U.S.C. 2201 et seq.) is amended by striking effect on the later of— Defense to implement the Item Unique Iden- ‘‘Director’’ each place it appears and insert- (1) the first day of the first month that be- tification Initiative; ing ‘‘Administrator of FEMA’’. gins after the date of the enactment of this (2) to support measures to verify con- (2) ADMINISTRATOR OF FEMA’S AWARD.—Sec- Act; or tractor compliance with section 252.211–7003 tion 15 of such Act (15 U.S.C. 2214) is amend- (2) the first day of the fiscal year that be- (entitled ‘‘Item Identification and Valu- ed by striking ‘‘Director’s Award’’ each place gins in the calendar year in which this Act is ation’’) of the Defense Supplement to the it appears and inserting ‘‘Administrator’s enacted. Federal Acquisition Regulation, on Unique Award’’.

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00079 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.001 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15690 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 28, 2012 SEC. 1803. ASSISTANCE TO FIREFIGHTERS ‘‘(B) nonaffiliated EMS organizations to ‘‘(F) To fund emergency medical services GRANTS. support the provision of emergency medical provided by fire departments and non- Section 33 of the Federal Fire Prevention services; and affiliated EMS organizations. and Control Act of 1974 (15 U.S.C. 2229) is ‘‘(C) State fire training academies for the ‘‘(G) To acquire additional firefighting ve- amended to read as follows: purposes described in subparagraphs (G), (H), hicles, including fire trucks and other appa- ‘‘SEC. 33. FIREFIGHTER ASSISTANCE. and (I) of paragraph (3). ratus. ‘‘(a) DEFINITIONS.—In this section: ‘‘(2) MAXIMUM GRANT AMOUNTS.— ‘‘(H) To acquire additional firefighting ‘‘(1) ADMINISTRATOR OF FEMA.—The term ‘‘(A) POPULATION.—The Administrator of equipment, including equipment for— ‘Administrator of FEMA’ means the Admin- FEMA may not award a grant under this ‘‘(i) fighting fires with foam in remote istrator of FEMA, acting through the Ad- subsection in excess of amounts as follows: areas without access to water; and ministrator. ‘‘(i) In the case of a recipient that serves a ‘‘(ii) communications, monitoring, and re- ‘‘(2) AVAILABLE GRANT FUNDS.—The term jurisdiction with 100,000 people or fewer, the sponse to a natural disaster, act of ter- ‘available grant funds’, with respect to a fis- amount of the grant awarded to such recipi- rorism, or other man-made disaster, includ- cal year, means those funds appropriated ent shall not exceed $1,000,000 in any fiscal ing the use of a weapon of mass destruction. pursuant to the authorization of appropria- year. ‘‘(I) To acquire personal protective equip- tions in subsection (q)(1) for such fiscal year ‘‘(ii) In the case of a recipient that serves ment, including personal protective equip- less any funds used for administrative costs a jurisdiction with more than 100,000 people ment— pursuant to subsection (q)(2) in such fiscal but not more than 500,000 people, the amount ‘‘(i) prescribed for firefighting personnel by year. of the grant awarded to such recipient shall the Occupational Safety and Health Admin- ‘‘(3) CAREER FIRE DEPARTMENT.—The term not exceed $2,000,000 in any fiscal year. istration of the Department of Labor; or ‘career fire department’ means a fire depart- ‘‘(iii) In the case of a recipient that serves ‘‘(ii) for responding to a natural disaster or ment that has an all-paid force of fire- a jurisdiction with more than 500,000 but not act of terrorism or other man-made disaster, fighting personnel other than paid-on-call more than 1,000,000 people, the amount of the including the use of a weapon of mass de- firefighters. grant awarded to such recipient shall not ex- struction. ‘‘(4) COMBINATION FIRE DEPARTMENT.—The ceed $3,000,000 in any fiscal year. ‘‘(J) To modify fire stations, fire training term ‘combination fire department’ means a ‘‘(iv) In the case of a recipient that serves facilities, and other facilities to protect the fire department that has— a jurisdiction with more than 1,000,000 people health and safety of firefighting personnel. ‘‘(A) paid firefighting personnel; and but not more than 2,500,000 people, the ‘‘(K) To educate the public about arson ‘‘(B) volunteer firefighting personnel. amount of the grant awarded to such recipi- prevention and detection. ‘‘(5) FIREFIGHTING PERSONNEL.—The term ent shall not exceed $6,000,000 for any fiscal ‘‘(L) To provide incentives for the recruit- ‘firefighting personnel’ means individuals, year. ment and retention of volunteer firefighting including volunteers, who are firefighters, ‘‘(v) In the case of a recipient that serves personnel for volunteer firefighting depart- officers of fire departments, or emergency a jurisdiction with more than 2,500,000 peo- ments and other firefighting departments medical service personnel of fire depart- ple, the amount of the grant awarded to such that utilize volunteers. ments. recipient shall not exceed $9,000,000 in any ‘‘(M) To support such other activities, con- ‘‘(6) INSTITUTION OF HIGHER EDUCATION.— fiscal year. sistent with the purposes of this subsection, The term ‘institution of higher education’ ‘‘(B) AGGREGATE.— as the Administrator of FEMA determines has the meaning given such term in section ‘‘(i) IN GENERAL.—Notwithstanding sub- appropriate. 101 of the Higher Education Act of 1965 (20 paragraphs (A) and (B) and except as pro- ‘‘(d) FIRE PREVENTION AND SAFETY U.S.C. 1001). vided under clause (ii), the Administrator of GRANTS.— ‘‘(7) NONAFFILIATED EMS ORGANIZATION.— FEMA may not award a grant under this ‘‘(1) IN GENERAL.—For the purpose of as- The term ‘nonaffiliated EMS organization’ subsection in a fiscal year in an amount that sisting fire prevention programs and sup- means a public or private nonprofit emer- exceeds the amount that is one percent of porting firefighter health and safety re- gency medical services organization that is the available grant funds in such fiscal year. search and development, the Administrator not affiliated with a hospital and does not ‘‘(ii) EXCEPTION.—The Administrator of of FEMA may, on a competitive basis— serve a geographic area in which the Admin- FEMA may waive the limitation in clause (i) ‘‘(A) award grants to fire departments; istrator of FEMA finds that emergency med- with respect to a grant recipient if the Ad- ‘‘(B) award grants to, or enter into con- ical services are adequately provided by a ministrator of FEMA determines that such tracts or cooperative agreements with, na- fire department. recipient has an extraordinary need for a tional, State, local, tribal, or nonprofit orga- ‘‘(8) PAID-ON-CALL.—The term ‘paid-on-call’ grant in an amount that exceeds the limit nizations that are not fire departments and with respect to firefighting personnel means under clause (i). that are recognized for their experience and firefighting personnel who are paid a stipend ‘‘(3) USE OF GRANT FUNDS.—Each entity re- expertise with respect to fire prevention or for each event to which they respond. ceiving a grant under this subsection shall fire safety programs and activities and fire- ‘‘(9) VOLUNTEER FIRE DEPARTMENT.—The use the grant for one or more of the fol- fighter research and development programs, term ‘volunteer fire department’ means a lowing purposes: for the purpose of carrying out— fire department that has an all-volunteer ‘‘(A) To train firefighting personnel in— ‘‘(i) fire prevention programs; and force of firefighting personnel. ‘‘(i) firefighting; ‘‘(ii) research to improve firefighter health ‘‘(b) ASSISTANCE PROGRAM.— ‘‘(ii) emergency medical services and other and life safety; and ‘‘(1) AUTHORITY.—In accordance with this emergency response (including response to ‘‘(C) award grants to institutions of higher section, the Administrator of FEMA may natural disasters, acts of terrorism, and education, national fire service organiza- award— other man-made disasters); tions, or national fire safety organizations to ‘‘(A) assistance to firefighters grants under ‘‘(iii) arson prevention and detection; establish and operate fire safety research subsection (c); and ‘‘(iv) maritime firefighting; or centers. ‘‘(B) fire prevention and safety grants and ‘‘(v) the handling of hazardous materials. ‘‘(2) MAXIMUM GRANT AMOUNT.—A grant other assistance under subsection (d). ‘‘(B) To train firefighting personnel to pro- awarded under this subsection may not ex- ‘‘(2) ADMINISTRATIVE ASSISTANCE.—The Ad- vide any of the training described under sub- ceed $1,500,000 for a fiscal year. ministrator of FEMA shall— paragraph (A). ‘‘(3) USE OF GRANT FUNDS.—Each entity re- ‘‘(A) establish specific criteria for the se- ‘‘(C) To fund the creation of rapid interven- ceiving a grant under this subsection shall lection of grant recipients under this sec- tion teams to protect firefighting personnel use the grant for one or more of the fol- tion; and at the scenes of fires and other emergencies. lowing purposes: ‘‘(B) provide assistance with application ‘‘(D) To certify— ‘‘(A) To enforce fire codes and promote preparation to applicants for such grants. ‘‘(i) fire inspectors; and compliance with fire safety standards. ‘‘(c) ASSISTANCE TO FIREFIGHTERS ‘‘(ii) building inspectors— ‘‘(B) To fund fire prevention programs, in- GRANTS.— ‘‘(I) whose responsibilities include fire cluding programs that educate the public ‘‘(1) IN GENERAL.—The Administrator of safety inspections; and about arson prevention and detection. FEMA may, in consultation with the chief ‘‘(II) who are employed by or serving as ‘‘(C) To fund wildland fire prevention pro- executives of the States in which the recipi- volunteers with a fire department. grams, including education, awareness, and ents are located, award grants on a competi- ‘‘(E) To establish wellness and fitness pro- mitigation programs that protect lives, prop- tive basis directly to— grams for firefighting personnel to ensure erty, and natural resources from fire in the ‘‘(A) fire departments, for the purpose of that the firefighting personnel are able to wildland-urban interface. protecting the health and safety of the pub- carry out their duties as firefighters, includ- ‘‘(D) In the case of a grant awarded under lic and firefighting personnel throughout the ing programs dedicated to raising awareness paragraph (1)(C), to fund the establishment United States against fire, fire-related, and of, and prevention of, job-related mental or operation of a fire safety research center other hazards; health issues. for the purpose of significantly reducing the

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number of fire-related deaths and injuries by reducing the risks associated with fire-re- ‘‘(3) AWARDING FIRE PREVENTION AND SAFE- among firefighters and the general public lated and other hazards. TY GRANTS TO CERTAIN ORGANIZATIONS THAT through research, development, and tech- ‘‘(3) The extent of the need of an applicant ARE NOT FIRE DEPARTMENTS.—In the case of nology transfer activities. for a grant under this section and the need to applicants for grants under this section who ‘‘(E) To support such other activities, con- protect the United States as a whole. are described in subsection (d)(1)(B), the Ad- sistent with the purposes of this subsection, ‘‘(4) The number of calls requesting or re- ministrator of FEMA shall give priority to as the Administrator of FEMA determines quiring a fire fighting or emergency medical applicants who focus on— appropriate. response received by an applicant. ‘‘(A) prevention of injuries to high risk ‘‘(4) LIMITATION.—None of the funds made ‘‘(h) ALLOCATION OF GRANT AWARDS.—In groups from fire; and available under this subsection may be pro- awarding grants under this section, the Ad- ‘‘(B) research programs that demonstrate a vided to the Association of Community Orga- ministrator of FEMA shall ensure that of the potential to improve firefighter safety. nizations for Reform Now (ACORN) or any of available grant funds in each fiscal year— ‘‘(4) AWARDING GRANTS FOR FIRE SAFETY RE- its affiliates, subsidiaries, or allied organiza- ‘‘(1) not less than 25 percent are awarded SEARCH CENTERS.— tions. under subsection (c) to career fire depart- ‘‘(A) CONSIDERATIONS.—In awarding grants ‘‘(e) APPLICATIONS FOR GRANTS.— ments; under subsection (d)(1)(C), the Administrator ‘‘(1) IN GENERAL.—An entity seeking a ‘‘(2) not less than 25 percent are awarded of FEMA shall— grant under this section shall submit to the under subsection (c) to volunteer fire depart- ‘‘(i) select each grant recipient on— Administrator of FEMA an application ments; ‘‘(I) the demonstrated research and exten- therefor in such form and in such manner as ‘‘(3) not less than 25 percent are awarded sion resources available to the recipient to the Administrator of FEMA determines ap- under subsection (c) to combination fire de- carry out the research, development, and propriate. partments and fire departments using paid- technology transfer activities; ‘‘(2) ELEMENTS.—Each application sub- on-call firefighting personnel; ‘‘(II) the capability of the recipient to pro- mitted under paragraph (1) shall include the ‘‘(4) not less than 10 percent are available vide leadership in making national contribu- following: for open competition among career fire de- tions to fire safety; ‘‘(A) A description of the financial need of partments, volunteer fire departments, com- ‘‘(III) the recipient’s ability to disseminate the applicant for the grant. bination fire departments, and fire depart- the results of fire safety research; and ‘‘(B) An analysis of the costs and benefits, ments using paid-on-call firefighting per- ‘‘(IV) the strategic plan the recipient pro- with respect to public safety, of the use for sonnel for grants awarded under subsection poses to carry out under the grant; which a grant is requested. (c); ‘‘(ii) give special consideration in selecting ‘‘(C) An agreement to provide information ‘‘(5) not less than 10 percent are awarded recipients under subparagraph (A) to an ap- to the national fire incident reporting sys- under subsection (d); and plicant for a grant that consists of a partner- tem for the period covered by the grant. ‘‘(6) not more than 2 percent are awarded ship between— ‘‘(D) A list of other sources of funding re- under this section to nonaffiliated EMS or- ‘‘(I) a national fire service organization or ceived by the applicant— ganizations described in subsection (c)(1)(B). a national fire safety organization; and ‘‘(i) for the same purpose for which the ap- ‘‘(i) ADDITIONAL REQUIREMENTS AND LIMITA- ‘‘(II) an institution of higher education, in- plication for a grant under this section was TIONS.— cluding a minority-serving institution (as submitted; or ‘‘(1) FUNDING FOR EMERGENCY MEDICAL described in section 371(a) of the Higher Edu- ‘‘(ii) from the Federal Government for SERVICES.—Not less than 3.5 percent of the other fire-related purposes. cation Act of 1965 (20 U.S.C. 1067q(a))); and ‘‘(E) Such other information as the Admin- available grant funds for a fiscal year shall ‘‘(iii) consider the research needs identified istrator of FEMA determines appropriate. be awarded under this section for purposes and prioritized through the workshop re- described in subsection (c)(3)(F). quired by subparagraph (B)(i). ‘‘(3) JOINT OR REGIONAL APPLICATIONS.— ‘‘(2) STATE FIRE TRAINING ACADEMIES.— ‘‘(B) RESEARCH NEEDS.— ‘‘(A) IN GENERAL.—Two or more entities may submit an application under paragraph ‘‘(A) MAXIMUM SHARE.—Not more than 3 ‘‘(i) IN GENERAL.—Not later than 90 days (1) for a grant under this section to fund a percent of the available grant funds for a fis- after the date of the enactment of the Fire joint program or initiative, including acqui- cal year may be awarded under subsection Grants Reauthorization Act of 2012, the Ad- sition of shared equipment or vehicles. (c)(1)(C). ministrator of FEMA shall convene a work- ‘‘(B) NONEXCLUSIVITY.—Applications under ‘‘(B) MAXIMUM GRANT AMOUNT.—The Ad- shop of the fire safety research community, this paragraph may be submitted instead of ministrator of FEMA may not award a grant fire service organizations, and other appro- or in addition to any other application sub- under subsection (c)(1)(C) to a State fire priate stakeholders to identify and prioritize mitted under paragraph (1). training academy in an amount that exceeds fire safety research needs. ‘‘(C) GUIDANCE.—The Administrator of $1,000,000 in any fiscal year. ‘‘(ii) PUBLICATION.—The Administrator of FEMA shall— ‘‘(3) AMOUNTS FOR PURCHASING FIRE- FEMA shall ensure that the results of the ‘‘(i) publish guidance on applying for and FIGHTING VEHICLES.—Not more than 25 per- workshop are made available to the public. administering grants awarded for joint pro- cent of the available grant funds for a fiscal ‘‘(C) LIMITATIONS ON GRANTS FOR FIRE SAFE- grams and initiatives described in subpara- year may be used to assist grant recipients TY RESEARCH CENTERS.— graph (A); and to purchase vehicles pursuant to subsection ‘‘(i) IN GENERAL.—The Administrator of ‘‘(ii) encourage applicants to apply for (c)(3)(G). FEMA may award grants under subsection grants for joint programs and initiatives de- ‘‘(j) FURTHER CONSIDERATIONS.— (d) to establish not more than 3 fire safety scribed in subparagraph (A) as the Adminis- ‘‘(1) ASSISTANCE TO FIREFIGHTERS GRANTS research centers. trator of FEMA determines appropriate to TO FIRE DEPARTMENTS.—In considering appli- ‘‘(ii) RECIPIENTS.—An institution of higher achieve greater cost effectiveness and re- cations for grants under subsection (c)(1)(A), education, a national fire service organiza- gional efficiency. the Administrator of FEMA shall consider— tion, and a national fire safety organization ‘‘(f) PEER REVIEW OF GRANT APPLICA- ‘‘(A) the extent to which the grant would may not directly receive a grant under sub- TIONS.— enhance the daily operations of the applicant section (d) for a fiscal year for more than 1 ‘‘(1) IN GENERAL.—The Administrator of and the impact of such a grant on the protec- fire safety research center. FEMA shall, after consultation with na- tion of lives and property; and ‘‘(5) AVOIDING DUPLICATION.—The Adminis- tional fire service and emergency medical ‘‘(B) a broad range of factors important to trator of FEMA shall review lists submitted services organizations, appoint fire service the applicant’s ability to respond to fires and by applicants pursuant to subsection personnel to conduct peer reviews of applica- related hazards, such as the following: (e)(2)(D) and take such actions as the Admin- tions received under subsection (e)(1). ‘‘(i) Population served. istrator of FEMA considers necessary to pre- ‘‘(2) APPLICABILITY OF FEDERAL ADVISORY ‘‘(ii) Geographic response area. vent unnecessary duplication of grant COMMITTEE ACT.—The Federal Advisory Com- ‘‘(iii) Hazards vulnerability. awards. mittee Act (5 U.S.C. App.) shall not apply to ‘‘(iv) Call volume. ‘‘(k) MATCHING AND MAINTENANCE OF EX- activities carried out pursuant to this sub- ‘‘(v) Financial situation, including unem- PENDITURE REQUIREMENTS.— section. ployment rate of the area being served. ‘‘(1) MATCHING REQUIREMENT FOR ASSIST- ‘‘(g) PRIORITIZATION OF GRANT AWARDS.—In ‘‘(vi) Need for training or equipment. ANCE TO FIREFIGHTERS GRANTS.— awarding grants under this section, the Ad- ‘‘(2) APPLICATIONS FROM NONAFFILIATED EMS ‘‘(A) IN GENERAL.—Except as provided in ministrator of FEMA shall consider the fol- ORGANIZATIONS.—In the case of an applica- subparagraph (B), an applicant seeking a lowing: tion submitted under subsection (e)(1) by a grant to carry out an activity under sub- ‘‘(1) The findings and recommendations of nonaffiliated EMS organization, the Admin- section (c) shall agree to make available the peer reviews carried out under sub- istrator of FEMA shall consider the extent non-Federal funds to carry out such activity section (f). to which other sources of Federal funding in an amount equal to not less than 15 per- ‘‘(2) The degree to which an award will re- are available to the applicant to provide the cent of the grant awarded to such applicant duce deaths, injuries, and property damage assistance requested in such application. under such subsection.

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‘‘(B) EXCEPTION FOR ENTITIES SERVING ‘‘(i) is described in subsection (d)(1)(B); and ‘‘(2) PERFORMANCE ASSESSMENT.— SMALL COMMUNITIES.—In the case that an ap- ‘‘(ii) is not a fire department or emergency ‘‘(A) IN GENERAL.—The Administrator of plicant seeking a grant to carry out an ac- medical services organization. FEMA shall develop and implement a per- tivity under subsection (c) serves a jurisdic- ‘‘(l) GRANT GUIDELINES.— formance assessment system, including tion of— ‘‘(1) GUIDELINES.—For each fiscal year, quantifiable performance metrics, to evalu- ‘‘(i) more than 20,000 residents but not prior to awarding any grants under this sec- ate the extent to which grants awarded more than 1,000,000 residents, the application tion, the Administrator of FEMA shall pub- under this section are furthering the pur- shall agree to make available non-Federal lish in the Federal Register— poses of this section, including protecting funds in an amount equal to not less than 10 ‘‘(A) guidelines that describe— the health and safety of the public and fire- percent of the grant awarded to such appli- ‘‘(i) the process for applying for grants fighting personnel against fire and fire-re- cant under such subsection; and under this section; and lated hazards. ‘‘(ii) 20,000 residents or fewer, the applicant ‘‘(ii) the criteria that will be used for se- ‘‘(B) CONSULTATION.—The Administrator of shall agree to make available non-Federal lecting grant recipients; and FEMA shall consult with fire service rep- funds in an amount equal to not less than 5 ‘‘(B) an explanation of any differences be- resentatives and with the Comptroller Gen- percent of the grant awarded to such appli- tween such guidelines and the recommenda- eral of the United States in developing the cant under such subsection. tions obtained under paragraph (2). assessment system required by subparagraph ‘‘(2) MATCHING REQUIREMENT FOR FIRE PRE- ‘‘(2) ANNUAL MEETING TO OBTAIN REC- (A). VENTION AND SAFETY GRANTS.— OMMENDATIONS.— ‘‘(3) ANNUAL REPORTS TO ADMINISTRATOR OF ‘‘(A) IN GENERAL.—An applicant seeking a ‘‘(A) IN GENERAL.—For each fiscal year, the FEMA.—Not less frequently than once each grant to carry out an activity under sub- Administrator of FEMA shall convene a year during the term of a grant awarded section (d) shall agree to make available meeting of qualified members of national under this section, the recipient of the grant non-Federal funds to carry out such activity fire service organizations and, at the discre- shall submit to the Administrator of FEMA in an amount equal to not less than 5 percent tion of the Administrator of FEMA, qualified an annual report describing how the recipi- of the grant awarded to such applicant under members of emergency medical service orga- ent used the grant amounts. such subsection. nizations to obtain recommendations regard- ‘‘(4) ANNUAL REPORTS TO CONGRESS.— ‘‘(B) MEANS OF MATCHING.—An applicant ing the following: ‘‘(A) IN GENERAL.—Not later than Sep- for a grant under subsection (d) may meet ‘‘(i) Criteria for the awarding of grants tember 30, 2013, and each year thereafter the matching requirement under subpara- under this section. through 2017, the Administrator of FEMA graph (A) through direct funding, funding of ‘‘(ii) Administrative changes to the assist- shall submit to the Committee on Homeland complementary activities, or the provision ance program established under subsection Security and Governmental Affairs of the of staff, facilities, services, material, or (b). Senate and the Committee on Science and Technology of the House of Representatives equipment. ‘‘(B) QUALIFIED MEMBERS.—For purposes of a report that provides— ‘‘(3) MAINTENANCE OF EXPENDITURES.—An this paragraph, a qualified member of an or- applicant seeking a grant under subsection ganization is a member who— ‘‘(i) information on the performance as- (c) or (d) shall agree to maintain during the ‘‘(i) is recognized for expertise in fire- sessment system developed under paragraph term of the grant the applicant’s aggregate fighting or emergency medical services; (2); and ‘‘(ii) using the performance metrics devel- expenditures relating to the uses described ‘‘(ii) is not an employee of the Federal oped under such paragraph, an evaluation of in subsections (c)(3) and (d)(3) at not less Government; and the effectiveness of the grants awarded under than 80 percent of the average amount of ‘‘(iii) in the case of a member of an emer- this section. such expenditures in the 2 fiscal years pre- gency medical service organization, is a ‘‘(B) ADDITIONAL INFORMATION.—The report ceding the fiscal year in which the grant member of an organization that represents— due under subparagraph (A) on September 30, amounts are received. ‘‘(I) providers of emergency medical serv- 2016, shall also include recommendations for ‘‘(4) WAIVER.— ices that are affiliated with fire depart- legislative changes to improve grants under ‘‘(A) IN GENERAL.—Except as provided in ments; or this section. subparagraph (C)(ii), the Administrator of ‘‘(II) nonaffiliated EMS providers. ‘‘(q) AUTHORIZATION OF APPROPRIATIONS.— FEMA may waive or reduce the require- ‘‘(3) APPLICABILITY OF FEDERAL ADVISORY ‘‘(1) IN GENERAL.—There is authorized to be ments of paragraphs (1), (2), and (3) in cases COMMITTEE ACT.—The Federal Advisory Com- appropriated to carry out this section— of demonstrated economic hardship. mittee Act (5 U.S.C. App.) shall not apply to ‘‘(A) $750,000,000 for fiscal year 2013; and ‘‘(B) GUIDELINES.— activities carried out under this subsection. ‘‘(B) for each of fiscal years 2014 through ‘‘(i) IN GENERAL.—The Administrator of ‘‘(m) ACCOUNTING DETERMINATION.—Not- 2017, an amount equal to the amount author- FEMA shall establish and publish guidelines withstanding any other provision of law, for ized for the previous fiscal year increased by for determining what constitutes economic purposes of this section, equipment costs the percentage by which— hardship for purposes of this paragraph. shall include all costs attributable to any de- ‘‘(i) the Consumer Price Index (all items, ‘‘(ii) CONSULTATION.—In developing guide- sign, purchase of components, assembly, United States city average) for the previous lines under clause (i), the Administrator of manufacture, and transportation of equip- fiscal year, exceeds FEMA shall consult with individuals who ment not otherwise commercially available. ‘‘(ii) the Consumer Price Index for the fis- are— ‘‘(n) ELIGIBLE GRANTEE ON BEHALF OF cal year preceding the fiscal year described ‘‘(I) recognized for expertise in firefighting, ALASKA NATIVE VILLAGES.—The Alaska Vil- in clause (i). emergency medical services provided by fire lage Initiatives, a non-profit organization in- ‘‘(2) ADMINISTRATIVE EXPENSES.—Of the services, or the economic affairs of State and corporated in the State of Alaska, shall be amounts appropriated pursuant to paragraph local governments; and eligible to apply for and receive a grant or (1) for a fiscal year, the Administrator of ‘‘(II) members of national fire service orga- other assistance under this section on behalf FEMA may use not more than 5 percent of nizations or national organizations rep- of Alaska Native villages. such amounts for salaries and expenses and resenting the interests of State and local ‘‘(o) TRAINING STANDARDS.—If an applicant other administrative costs incurred by the governments. for a grant under this section is applying for Administrator of FEMA in the course of ‘‘(iii) CONSIDERATIONS.—In developing such grant to purchase training that does awarding grants and providing assistance guidelines under clause (i), the Adminis- not meet or exceed any applicable national under this section. trator of FEMA shall consider, with respect voluntary consensus standards, including ‘‘(3) CONGRESSIONALLY DIRECTED SPEND- to relevant communities, the following: those developed under section 647 of the ING.—Consistent with the requirements in ‘‘(I) Changes in rates of unemployment Post-Katrina Emergency Management Re- subsections (c)(1) and (d)(1) that grants under from previous years. form Act of 2006 (6 U.S.C. 747), the applicant those subsections be awarded on a competi- ‘‘(II) Whether the rates of unemployment shall submit to the Administrator of FEMA tive basis, none of the funds appropriated of the relevant communities are currently an explanation of the reasons that the train- pursuant to this subsection may be used for and have consistently exceeded the annual ing proposed to be purchased will serve the any congressionally directed spending item national average rates of unemployment. needs of the applicant better than training (as defined under the rules of the Senate and ‘‘(III) Changes in percentages of individ- that meets or exceeds such standards. the House of Representatives). uals eligible to receive food stamps from pre- ‘‘(p) ENSURING EFFECTIVE USE OF GRANTS.— ‘‘(r) SUNSET OF AUTHORITIES.—The author- vious years. ‘‘(1) AUDITS.—The Administrator of FEMA ity to award assistance and grants under this ‘‘(IV) Such other factors as the Adminis- may audit a recipient of a grant awarded section shall expire on the date that is 10 trator of FEMA considers appropriate. under this section to ensure that— years after the date of the enactment of the ‘‘(C) CERTAIN APPLICANTS FOR FIRE PREVEN- ‘‘(A) the grant amounts are expended for Fire Grants Reauthorization Act of 2012.’’. TION AND SAFETY GRANTS.—The authority the intended purposes; and SEC. 1804. STAFFING FOR ADEQUATE FIRE AND under subparagraph (A) shall not apply with ‘‘(B) the grant recipient complies with the EMERGENCY RESPONSE. respect to a nonprofit organization that— requirements of subsection (k). (a) IMPROVEMENTS TO HIRING GRANTS.—

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(1) TERM OF GRANTS.—Subparagraph (B) of ‘‘(ii) Whether the rates of unemployment ‘‘(A) the Consumer Price Index (all items, section 34(a)(1) of the Federal Fire Preven- of the relevant communities are currently United States city average) for the previous tion and Control Act of 1974 (15 U.S.C. and have consistently exceeded the annual fiscal year, exceeds 2229a(a)(1)) is amended to read as follows: national average rates of unemployment. ‘‘(B) the Consumer Price Index for the fis- ‘‘(B) Grants made under this paragraph ‘‘(iii) Changes in percentages of individuals cal year preceding the fiscal year described shall be for 3 years and be used for programs eligible to receive food stamps from previous in subparagraph (A).’’. to hire new, additional firefighters.’’. years. (2) ADMINISTRATIVE EXPENSES.—Such sub- (2) LIMITATION OF PORTION OF COSTS OF HIR- ‘‘(iv) Such other factors as the Adminis- section (j) is further amended— ING FIREFIGHTERS.—Subparagraph (E) of such trator of FEMA considers appropriate.’’. (A) in paragraph (9), as added by paragraph section is amended to read as follows: (e) IMPROVEMENTS TO PERFORMANCE EVAL- (1) of this subsection, by redesignating sub- ‘‘(E) The portion of the costs of hiring fire- UATION REQUIREMENTS.—Subsection (e) of paragraphs (A) and (B) as clauses (i) and (ii), fighters provided by a grant under this para- section 34 of such Act (15 U.S.C. 2229a), as re- respectively, and moving the left margin of graph may not exceed— designated by subsection (d)(1) of this sec- such clauses, as so redesignated, 2 ems to the ‘‘(i) 75 percent in the first year of the tion, is amended by inserting before the first right; grant; sentence the following: (B) by redesignating paragraphs (1) ‘‘(ii) 75 percent in the second year of the ‘‘(1) IN GENERAL.—The Administrator of through (9) as subparagraphs (A) through (I), grant; and FEMA shall establish a performance assess- respectively, and moving the left margin of ‘‘(iii) 35 percent in the third year of the ment system, including quantifiable per- such subparagraphs, as so redesignated, 2 grant.’’. formance metrics, to evaluate the extent to ems to the right; (b) CLARIFICATION REGARDING ELIGIBLE EN- which grants awarded under this section are (C) by striking ‘‘There are’’ and inserting TITIES FOR RECRUITMENT AND RETENTION furthering the purposes of this section. the following: GRANTS.—The second sentence of section ‘‘(2) SUBMITTAL OF INFORMATION.—’’. ‘‘(1) IN GENERAL.—There are’’; and 34(a)(2) of such Act (15 U.S.C. 2229a(a)(2)) is (D) by adding at the end the following: (f) REPORT.— amended by striking ‘‘organizations on a ‘‘(2) ADMINISTRATIVE EXPENSES.—Of the (1) IN GENERAL.—Subsection (f) of section local or statewide basis’’ and inserting ‘‘na- amounts appropriated pursuant to paragraph 34 of such Act (15 U.S.C. 2229a), as redesig- tional, State, local, or tribal organizations’’. (1) for a fiscal year, the Administrator of nated by subsection (d)(1) of this section, is (c) MAXIMUM AMOUNT FOR HIRING A FIRE- FEMA may use not more than 5 percent of amended by striking ‘‘The authority’’ and all FIGHTER.—Paragraph (4) of section 34(c) of such amounts to cover salaries and expenses that follows through ‘‘Congress concerning’’ such Act (15 U.S.C. 2229a(c)) is amended to and other administrative costs incurred by and inserting the following: ‘‘Not later than read as follows: the Administrator of FEMA to make grants September 30, 2014, the Administrator of ‘‘(4) The amount of funding provided under and provide assistance under this section.’’. FEMA shall submit to the Committee on this section to a recipient fire department (3) CONGRESSIONALLY DIRECTED SPENDING.— Homeland Security and Governmental Af- for hiring a firefighter in any fiscal year may Such subsection (j) is further amended by fairs of the Senate and the Committee on not exceed— adding at the end the following: Science and Technology of the House of Rep- ‘‘(A) in the first year of the grant, 75 per- ‘‘(3) CONGRESSIONALLY DIRECTED SPEND- resentatives a report on’’. cent of the usual annual cost of a first-year ING.—Consistent with the requirement in (2) CONFORMING AMENDMENT.—The heading firefighter in that department at the time subsection (a) that grants under this section for subsection (f) of section 34 of such Act (15 the grant application was submitted; be awarded on a competitive basis, none of U.S.C. 2229a), as redesignated by subsection ‘‘(B) in the second year of the grant, 75 per- the funds appropriated pursuant to this sub- (d)(1) of this section, is amended by striking cent of the usual annual cost of a first-year section may be used for any congressionally ‘‘SUNSET AND REPORTS’’ and inserting ‘‘RE- firefighter in that department at the time direct spending item (as defined under the PORT’’. the grant application was submitted; and rules of the Senate and the House of Rep- ‘‘(C) in the third year of the grant, 35 per- (g) ADDITIONAL DEFINITIONS.— resentatives).’’. cent of the usual annual cost of a first-year (1) IN GENERAL.—Subsection (i) of section (i) TECHNICAL AMENDMENT.—Section 34 of firefighter in that department at the time 34 of such Act (15 U.S.C. 2229a), as redesig- nated by subsection (d)(1) of this section, is such Act (15 U.S.C. 2229a) is amended by the grant application was submitted.’’. striking ‘‘Administrator’’ each place it ap- (d) WAIVERS.—Section 34 of such Act (15 amended— (A) in the matter before paragraph (1), by pears and inserting ‘‘Administrator of U.S.C. 2229a) is amended— FEMA’’. (1) by redesignating subsections (d) striking ‘‘In this section, the term—’’ and in- through (i) as subsections (e) through (j), re- serting ‘‘In this section:’’; (j) CLERICAL AMENDMENT.—Such section is spectively; and (B) in paragraph (1)— further amended in the heading by striking (2) by inserting after subsection (c) the fol- (i) by inserting ‘‘The term’’ before ‘‘ ‘fire- ‘‘EXPANSION OF PRE-SEPTEMBER 11, 2001, lowing: fighter’ has’’; and FIRE GRANT PROGRAM’’ and inserting the ‘‘(d) WAIVERS.— (ii) by striking ‘‘; and’’ and inserting a pe- following: ‘‘STAFFING FOR ADEQUATE ‘‘(1) IN GENERAL.—In a case of dem- riod; FIRE AND EMERGENCY RESPONSE’’. (C) by striking paragraph (2); and onstrated economic hardship, the Adminis- (k) SUNSET OF AUTHORITY TO AWARD HIRING (D) by inserting at the end the following: trator of FEMA may— GRANTS.—Such section is further amended ‘‘(A) waive the requirements of subsection ‘‘(2) The terms ‘Administrator of FEMA’, by adding at the end the following: (c)(1); or ‘career fire department’, ‘combination fire ‘‘(k) SUNSET OF AUTHORITIES.—The author- ‘‘(B) waive or reduce the requirements in department’, and ‘volunteer fire department’ ity to award assistance and grants under this subsection (a)(1)(E) or subsection (c)(2). have the meanings given such terms in sec- section shall expire on the date that is 10 ‘‘(2) GUIDELINES.— tion 33(a).’’. years after the date of the enactment of the ‘‘(A) IN GENERAL.—The Administrator of (2) CONFORMING AMENDMENT.—Section Fire Grants Reauthorization Act of 2012.’’. FEMA shall establish and publish guidelines 34(a)(1)(A) of such Act (15 U.S.C. for determining what constitutes economic 2229a(a)(1)(A)) is amended by striking ‘‘ca- SEC. 1805. SENSE OF CONGRESS ON VALUE AND hardship for purposes of paragraph (1). reer, volunteer, and combination fire depart- FUNDING OF ASSISTANCE TO FIRE- ‘‘(B) CONSULTATION.—In developing guide- ments’’ and inserting ‘‘career fire depart- FIGHTERS AND STAFFING FOR ADE- lines under subparagraph (A), the Adminis- ments, combination fire departments, and QUATE FIRE AND EMERGENCY RE- trator of FEMA shall consult with individ- volunteer fire departments’’. SPONSE PROGRAMS. uals who are— (h) AUTHORIZATION OF APPROPRIATIONS.— It is the sense of Congress that— ‘‘(i) recognized for expertise in firefighting, (1) IN GENERAL.—Subsection (j) of section (1) the grants and assistance awarded emergency medical services provided by fire 34 of such Act (15 U.S.C. 2229a), as redesig- under sections 33 and 34 of the Federal Fire services, or the economic affairs of State and nated by subsection (d)(1) of this section, is Prevention and Control Act of 1974 (15 U.S.C. local governments; and amended— 2229 and 2229a) have proven equally valuable ‘‘(ii) members of national fire service orga- (A) in paragraph (6), by striking ‘‘and’’ at in protecting the health and safety of the nizations or national organizations rep- the end; public and firefighting personnel throughout resenting the interests of State and local (B) in paragraph (7), by striking the period the United States against fire and fire-re- governments. at the end and inserting ‘‘; and’’; and lated hazards; and ‘‘(C) CONSIDERATIONS.—In developing guide- (C) by adding at the end the following: (2) providing parity in funding for the lines under subparagraph (A), the Adminis- ‘‘(8) $750,000,000 for fiscal year 2013; and awarding of grants and assistance under both trator of FEMA shall consider, with respect ‘‘(9) for each of fiscal years 2014 through such sections will ensure that the grant and to relevant communities, the following: 2017, an amount equal to the amount author- assistance programs under such sections can ‘‘(i) Changes in rates of unemployment ized for the previous fiscal year increased by continue to serve their complementary pur- from previous years. the percentage by which— poses.

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00083 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.001 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15694 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 28, 2012 SEC. 1806. REPORT ON AMENDMENTS TO ASSIST- graph (A), the Administrator may carry out (ii) considering ways in which the Federal ANCE TO FIREFIGHTERS AND STAFF- such survey in conjunction with a nonprofit Government, States, and local governments ING FOR ADEQUATE FIRE AND organization that has substantial expertise can promote or encourage fire services to EMERGENCY RESPONSE PROGRAMS. and experience in the following areas: comply with such standards. (a) IN GENERAL.—Not later than September (i) The fire services. (4) REPORT.— 30, 2016, the Comptroller General of the (ii) National voluntary consensus stand- (A) IN GENERAL.—Not later than 180 days United States shall submit to the Committee ards. on Homeland Security and Governmental Af- after the date on which the Secretary sub- (iii) Contemporary survey methods. fairs of the Senate and the Committee on mits the report required by subsection (3) REPORT ON FINDINGS OF STUDY.— Science and Technology of the House of Rep- (b)(3)(A), the Task Force shall submit to (A) IN GENERAL.—Not later than 2 years resentatives a report on the effect of the Congress and the Secretary a report on the after the date of the enactment of this Act, amendments made by this title. activities and findings of the Task Force. (b) CONTENTS.—The report required by sub- the Administrator shall submit to Congress (B) CONTENTS.—The report required by sub- section (a) shall include the following: a report on the findings of the Administrator paragraph (A) shall include the following: (1) An assessment of the effect of the with respect to the study required by para- (i) The findings and recommendations of amendments made by sections 1803 and 1804 graph (1). the Task Force with respect to the study on the effectiveness, relative allocation, ac- (B) CONTENTS.—The report required by sub- carried out under subsection (b)(1). countability, and administration of the paragraph (A) shall include the following: (ii) The plan developed under paragraph grants and assistance awarded under sec- (i) An accurate description, based on the (3)(B). tions 33 and 34 of the Federal Fire Preven- results of the survey required by paragraph (d) STUDY AND REPORT ON THE NEEDS OF (2)(A), of the rate of compliance with the tion and Control Act of 1974 (15 U.S.C. 2229 FIRE SERVICES.— standards described in paragraph (1) among and 2229a) after the date of the enactment of (1) STUDY.—The Administrator shall con- United States fire services, including a com- this Act. duct a study— parison of the rates of compliance among ca- (2) An evaluation of the extent to which (A) to define the current roles and activi- reer fire departments, volunteer fire depart- the amendments made by sections 1803 and ties associated with fire services on a na- ments, combination fire departments, and 1804 have enabled recipients of grants and as- tional, State, regional, and local level; fire departments serving communities of dif- sistance awarded under such sections 33 and (B) to identify the equipment, staffing, and ferent sizes, and such other comparisons as 34 after the date of the enactment of this Act training required to fulfill the roles and ac- Administrator considers relevant. to mitigate fire and fire-related and other tivities defined under subparagraph (A); (ii) A description of the challenges faced by (C) to conduct an assessment to identify hazards more effectively. different types of fire departments and dif- SEC. 1807. STUDIES AND REPORTS ON THE STATE gaps between what fire services currently ferent types of communities in complying possess and what they require to meet the OF FIRE SERVICES. with the standards described in paragraph (a) DEFINITIONS.—In this section: equipment, staffing, and training needs iden- (1). (1) ADMINISTRATOR.—The term ‘‘Adminis- tified under subparagraph (B) on a national (c) TASK FORCE TO ENHANCE FIREFIGHTER and State-by-State basis; and trator’’ means the Administrator of the SAFETY.— (D) to measure the impact of the grant and United States Fire Administration. (1) ESTABLISHMENT.—Not later than 60 days assistance program under section 33 of the (2) CAREER FIRE DEPARTMENT, COMBINATION after the date of the enactment of this Act, Federal Fire Prevention and Control Act of FIRE DEPARTMENT, VOLUNTEER FIRE DEPART- the Secretary of Homeland Security shall es- 1974 (15 U.S.C. 2229) in meeting the needs of MENT.—The terms ‘‘career fire department’’, tablish a task force to be known as the ‘‘combination fire department’’, and ‘‘volun- ‘‘Task Force to Enhance Firefighter Safety’’ fire services and filling the gaps identified teer fire department’’ have the meanings (in this subsection referred to as the ‘‘Task under subparagraph (C). given such terms in section 33(a) of the Fed- Force’’). (2) REPORT.—Not later than 2 years after the date of the enactment of this title, the eral Fire Prevention and Control Act of 1974 (2) MEMBERSHIP.— Administrator shall submit to Congress a re- (15 U.S.C. 2229(a)), as amended by section (A) IN GENERAL.—Members of the Task 1803. Force shall be appointed by the Secretary port on the findings of the Administrator (3) FIRE SERVICE.—The term ‘‘fire service’’ from among the general public and shall in- with respect to the study conducted under has the meaning given such term in section clude the following: paragraph (1). 4 of the Federal Fire Prevention and Control (i) Representatives of national organiza- (e) AUTHORIZATION OF APPROPRIATIONS.— Act of 1974 (15 U.S.C. 2203). tions representing firefighters and fire There are authorized to be appropriated to (b) STUDY AND REPORT ON COMPLIANCE WITH chiefs. the Administrator to carry out this section— STAFFING STANDARDS.— (ii) Individuals representing standards-set- (1) $600,000 for fiscal year 2013; and (1) STUDY.—The Administrator shall con- ting and accrediting organizations, including (2) $600,000 for fiscal year 2014. duct a study on the level of compliance with representatives from the voluntary con- national voluntary consensus standards for sensus codes and standards development SA 3077. Mr. LIEBERMAN (for him- staffing, training, safe operations, personal community. self, Ms. COLLINS, Mr. CARPER, and Mr. protective equipment, and fitness among the (iii) Such other individuals as the Sec- BROWN of Massachusetts) submitted an fire services of the United States. retary considers appropriate. amendment intended to be proposed by (2) SURVEY.— (B) REPRESENTATIVES OF OTHER DEPART- him to the bill S. 3254, to authorize ap- (A) IN GENERAL.—In carrying out the study MENTS AND AGENCIES.—The Secretary may required by paragraph (1), the Administrator invite representatives of other Federal de- propriations for fiscal year 2013 for shall carry out a survey of fire services to as- partments and agencies that have an inter- military activities of the Department sess the level of compliance of such fire serv- est in fire services to participate in the of Defense, for military construction, ices with the standards described in such meetings and other activities of the Task and for defense activities of the De- paragraph. Force. partment of Energy, to prescribe mili- (B) ELEMENTS.—The survey required by (C) NUMBER; TERMS OF SERVICE; PAY AND tary personnel strengths for such fiscal subparagraph (A) shall— ALLOWANCES.—The Secretary shall determine year, and for other purposes; which was (i) include career fire departments, volun- the number, terms of service, and pay and al- teer fire departments, combination fire de- lowances of members of the Task Force ap- ordered to lie on the table; as follows: partments, and fire departments serving pointed by the Secretary, except that a term At the end of division A, add the following: communities of different sizes, and such of service of any such member may not ex- TITLE XVIII—FEDERAL ASSISTANCE TO other distinguishing factors as the Adminis- ceed 2 years. FIRE DEPARTMENTS trator considers relevant; (3) RESPONSIBILITIES.—The Task Force Subtitle A—Fire Grants Reauthorization (ii) employ methods to ensure that the sur- shall— vey accurately reflects the actual rate of (A) consult with the Secretary in the con- SEC. 1801. SHORT TITLE. compliance with the standards described in duct of the study required by subsection This subtitle may be cited as the ‘‘Fire paragraph (1) among fire services; and (b)(1); and Grants Reauthorization Act of 2012’’. (iii) determine the extent of barriers and (B) develop a plan to enhance firefighter SEC. 1802. AMENDMENTS TO DEFINITIONS. challenges to achieving compliance with the safety by increasing fire service compliance (a) IN GENERAL.—Section 4 of the Federal standards described in paragraph (1) among with the standards described in subsection Fire Prevention and Control Act of 1974 (15 fire services. (b)(1), including by— U.S.C. 2203) is amended— (C) AUTHORITY TO CARRY OUT SURVEY WITH (i) reviewing and evaluating the report re- (1) in paragraph (3), by inserting ‘‘, except NONPROFIT.—If the Administrator determines quired by subsection (b)(3)(A) to determine as otherwise provided,’’ after ‘‘means’’; that it will reduce the costs incurred by the the extent of and barriers to achieving com- (2) in paragraph (4), by striking ‘‘ ‘Director’ United States Fire Administration in car- pliance with the standards described in sub- means’’ and all that follows through ‘‘Agen- rying out the survey required by subpara- section (b)(1) among fire services; and cy;’’ and inserting ‘‘ ‘Administrator of

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FEMA’ means the Administrator of the Fed- gency medical services organization that is ‘‘(ii) EXCEPTION.—The Administrator of eral Emergency Management Agency;’’; not affiliated with a hospital and does not FEMA may waive the limitation in clause (i) (3) in paragraph (5)— serve a geographic area in which the Admin- with respect to a grant recipient if the Ad- (A) by inserting ‘‘Indian tribe,’’ after istrator of FEMA finds that emergency med- ministrator of FEMA determines that such ‘‘county,’’; and ical services are adequately provided by a recipient has an extraordinary need for a (B) by striking ‘‘and ‘firecontrol’ ’’ and in- fire department. grant in an amount that exceeds the limit serting ‘‘and ‘fire control’ ’’; ‘‘(8) PAID-ON-CALL.—The term ‘paid-on-call’ under clause (i). (4) by redesignating paragraphs (6) through with respect to firefighting personnel means ‘‘(3) USE OF GRANT FUNDS.—Each entity re- (9) as paragraphs (7) through (10), respec- firefighting personnel who are paid a stipend ceiving a grant under this subsection shall tively; for each event to which they respond. use the grant for one or more of the fol- (5) by inserting after paragraph (5), the fol- ‘‘(9) VOLUNTEER FIRE DEPARTMENT.—The lowing purposes: lowing: term ‘volunteer fire department’ means a ‘‘(A) To train firefighting personnel in— ‘‘(6) ‘Indian tribe’ has the meaning given fire department that has an all-volunteer ‘‘(i) firefighting; that term in section 4 of the Indian Self-De- force of firefighting personnel. ‘‘(ii) emergency medical services and other termination and Education Assistance Act ‘‘(b) ASSISTANCE PROGRAM.— emergency response (including response to (25 U.S.C. 450b) and ‘tribal’ means of or per- ‘‘(1) AUTHORITY.—In accordance with this natural disasters, acts of terrorism, and taining to an Indian tribe;’’; section, the Administrator of FEMA may other man-made disasters); (6) by redesignating paragraphs (9) and (10), award— ‘‘(iii) arson prevention and detection; as redesignated by paragraph (4), as para- ‘‘(A) assistance to firefighters grants under ‘‘(iv) maritime firefighting; or graphs (10) and (11); subsection (c); and ‘‘(v) the handling of hazardous materials. (7) by inserting after paragraph (8), as re- ‘‘(B) fire prevention and safety grants and ‘‘(B) To train firefighting personnel to pro- designated by paragraph (4), the following: other assistance under subsection (d). vide any of the training described under sub- ‘‘(9) ‘Secretary’ means, except as otherwise ‘‘(2) ADMINISTRATIVE ASSISTANCE.—The Ad- paragraph (A). provided, the Secretary of Homeland Secu- ministrator of FEMA shall— ‘‘(C) To fund the creation of rapid interven- rity;’’; and ‘‘(A) establish specific criteria for the se- tion teams to protect firefighting personnel (8) by amending paragraph (10), as redesig- lection of grant recipients under this sec- at the scenes of fires and other emergencies. nated by paragraph (6), to read as follows: tion; and ‘‘(D) To certify— ‘‘(10) ‘State’ has the meaning given the ‘‘(B) provide assistance with application ‘‘(i) fire inspectors; and preparation to applicants for such grants. term in section 2 of the Homeland Security ‘‘(ii) building inspectors— ‘‘(c) ASSISTANCE TO FIREFIGHTERS Act of 2002 (6 U.S.C. 101).’’. ‘‘(I) whose responsibilities include fire GRANTS.— (b) CONFORMING AMENDMENTS.— safety inspections; and ‘‘(1) IN GENERAL.—The Administrator of (1) ADMINISTRATOR OF FEMA.—The Federal ‘‘(II) who are employed by or serving as FEMA may, in consultation with the chief Fire Prevention and Control Act of 1974 (15 volunteers with a fire department. executives of the States in which the recipi- U.S.C. 2201 et seq.) is amended by striking ‘‘(E) To establish wellness and fitness pro- ents are located, award grants on a competi- ‘‘Director’’ each place it appears and insert- grams for firefighting personnel to ensure tive basis directly to— ing ‘‘Administrator of FEMA’’. that the firefighting personnel are able to ‘‘(A) fire departments, for the purpose of carry out their duties as firefighters, includ- (2) ADMINISTRATOR OF FEMA’S AWARD.—Sec- protecting the health and safety of the pub- ing programs dedicated to raising awareness tion 15 of such Act (15 U.S.C. 2214) is amend- lic and firefighting personnel throughout the ed by striking ‘‘Director’s Award’’ each place of, and prevention of, job-related mental United States against fire, fire-related, and health issues. it appears and inserting ‘‘Administrator’s other hazards; Award’’. ‘‘(F) To fund emergency medical services ‘‘(B) nonaffiliated EMS organizations to provided by fire departments and non- SEC. 1803. ASSISTANCE TO FIREFIGHTERS support the provision of emergency medical affiliated EMS organizations. GRANTS. services; and Section 33 of the Federal Fire Prevention ‘‘(G) To acquire additional firefighting ve- ‘‘(C) State fire training academies for the hicles, including fire trucks and other appa- and Control Act of 1974 (15 U.S.C. 2229) is purposes described in subparagraphs (G), (H), ratus. amended to read as follows: and (I) of paragraph (3). ‘‘(H) To acquire additional firefighting ‘‘SEC. 33. FIREFIGHTER ASSISTANCE. ‘‘(2) MAXIMUM GRANT AMOUNTS.— equipment, including equipment for— ‘‘(a) DEFINITIONS.—In this section: ‘‘(A) POPULATION.—The Administrator of ‘‘(i) fighting fires with foam in remote ‘‘(1) ADMINISTRATOR OF FEMA.—The term FEMA may not award a grant under this areas without access to water; and ‘Administrator of FEMA’ means the Admin- subsection in excess of amounts as follows: ‘‘(ii) communications, monitoring, and re- istrator of FEMA, acting through the Ad- ‘‘(i) In the case of a recipient that serves a sponse to a natural disaster, act of ter- ministrator. jurisdiction with 100,000 people or fewer, the rorism, or other man-made disaster, includ- ‘‘(2) AVAILABLE GRANT FUNDS.—The term amount of the grant awarded to such recipi- ing the use of a weapon of mass destruction. ‘available grant funds’, with respect to a fis- ent shall not exceed $1,000,000 in any fiscal ‘‘(I) To acquire personal protective equip- cal year, means those funds appropriated year. ment, including personal protective equip- pursuant to the authorization of appropria- ‘‘(ii) In the case of a recipient that serves ment— tions in subsection (q)(1) for such fiscal year a jurisdiction with more than 100,000 people ‘‘(i) prescribed for firefighting personnel by less any funds used for administrative costs but not more than 500,000 people, the amount the Occupational Safety and Health Admin- pursuant to subsection (q)(2) in such fiscal of the grant awarded to such recipient shall istration of the Department of Labor; or year. not exceed $2,000,000 in any fiscal year. ‘‘(ii) for responding to a natural disaster or ‘‘(3) CAREER FIRE DEPARTMENT.—The term ‘‘(iii) In the case of a recipient that serves act of terrorism or other man-made disaster, ‘career fire department’ means a fire depart- a jurisdiction with more than 500,000 but not including the use of a weapon of mass de- ment that has an all-paid force of fire- more than 1,000,000 people, the amount of the struction. fighting personnel other than paid-on-call grant awarded to such recipient shall not ex- ‘‘(J) To modify fire stations, fire training firefighters. ceed $3,000,000 in any fiscal year. facilities, and other facilities to protect the ‘‘(4) COMBINATION FIRE DEPARTMENT.—The ‘‘(iv) In the case of a recipient that serves health and safety of firefighting personnel. term ‘combination fire department’ means a a jurisdiction with more than 1,000,000 people ‘‘(K) To educate the public about arson fire department that has— but not more than 2,500,000 people, the prevention and detection. ‘‘(A) paid firefighting personnel; and amount of the grant awarded to such recipi- ‘‘(L) To provide incentives for the recruit- ‘‘(B) volunteer firefighting personnel. ent shall not exceed $6,000,000 for any fiscal ment and retention of volunteer firefighting ‘‘(5) FIREFIGHTING PERSONNEL.—The term year. personnel for volunteer firefighting depart- ‘firefighting personnel’ means individuals, ‘‘(v) In the case of a recipient that serves ments and other firefighting departments including volunteers, who are firefighters, a jurisdiction with more than 2,500,000 peo- that utilize volunteers. officers of fire departments, or emergency ple, the amount of the grant awarded to such ‘‘(M) To support such other activities, con- medical service personnel of fire depart- recipient shall not exceed $9,000,000 in any sistent with the purposes of this subsection, ments. fiscal year. as the Administrator of FEMA determines ‘‘(6) INSTITUTION OF HIGHER EDUCATION.— ‘‘(B) AGGREGATE.— appropriate. The term ‘institution of higher education’ ‘‘(i) IN GENERAL.—Notwithstanding sub- ‘‘(d) FIRE PREVENTION AND SAFETY has the meaning given such term in section paragraphs (A) and (B) and except as pro- GRANTS.— 101 of the Higher Education Act of 1965 (20 vided under clause (ii), the Administrator of ‘‘(1) IN GENERAL.—For the purpose of as- U.S.C. 1001). FEMA may not award a grant under this sisting fire prevention programs and sup- ‘‘(7) NONAFFILIATED EMS ORGANIZATION.— subsection in a fiscal year in an amount that porting firefighter health and safety re- The term ‘nonaffiliated EMS organization’ exceeds the amount that is one percent of search and development, the Administrator means a public or private nonprofit emer- the available grant funds in such fiscal year. of FEMA may, on a competitive basis—

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(c)(1)(C). tracts or cooperative agreements with, na- ‘‘(B) NONEXCLUSIVITY.—Applications under ‘‘(B) MAXIMUM GRANT AMOUNT.—The Ad- tional, State, local, tribal, or nonprofit orga- this paragraph may be submitted instead of ministrator of FEMA may not award a grant nizations that are not fire departments and or in addition to any other application sub- under subsection (c)(1)(C) to a State fire that are recognized for their experience and mitted under paragraph (1). training academy in an amount that exceeds expertise with respect to fire prevention or ‘‘(C) GUIDANCE.—The Administrator of $1,000,000 in any fiscal year. fire safety programs and activities and fire- FEMA shall— ‘‘(3) AMOUNTS FOR PURCHASING FIRE- fighter research and development programs, ‘‘(i) publish guidance on applying for and FIGHTING VEHICLES.—Not more than 25 per- for the purpose of carrying out— administering grants awarded for joint pro- cent of the available grant funds for a fiscal ‘‘(i) fire prevention programs; and grams and initiatives described in subpara- year may be used to assist grant recipients ‘‘(ii) research to improve firefighter health graph (A); and to purchase vehicles pursuant to subsection and life safety; and ‘‘(ii) encourage applicants to apply for (c)(3)(G). ‘‘(C) award grants to institutions of higher grants for joint programs and initiatives de- ‘‘(j) FURTHER CONSIDERATIONS.— education, national fire service organiza- scribed in subparagraph (A) as the Adminis- ‘‘(1) ASSISTANCE TO FIREFIGHTERS GRANTS tions, or national fire safety organizations to trator of FEMA determines appropriate to TO FIRE DEPARTMENTS.—In considering appli- establish and operate fire safety research achieve greater cost effectiveness and re- cations for grants under subsection (c)(1)(A), centers. gional efficiency. the Administrator of FEMA shall consider— ‘‘(2) MAXIMUM GRANT AMOUNT.—A grant ‘‘(f) PEER REVIEW OF GRANT APPLICA- ‘‘(A) the extent to which the grant would awarded under this subsection may not ex- TIONS.— enhance the daily operations of the applicant ceed $1,500,000 for a fiscal year. ‘‘(1) IN GENERAL.—The Administrator of and the impact of such a grant on the protec- ‘‘(3) USE OF GRANT FUNDS.—Each entity re- FEMA shall, after consultation with na- tion of lives and property; and ceiving a grant under this subsection shall tional fire service and emergency medical ‘‘(B) a broad range of factors important to use the grant for one or more of the fol- services organizations, appoint fire service the applicant’s ability to respond to fires and lowing purposes: personnel to conduct peer reviews of applica- related hazards, such as the following: ‘‘(A) To enforce fire codes and promote tions received under subsection (e)(1). ‘‘(i) Population served. compliance with fire safety standards. ‘‘(2) APPLICABILITY OF FEDERAL ADVISORY ‘‘(ii) Geographic response area. ‘‘(B) To fund fire prevention programs, in- COMMITTEE ACT.—The Federal Advisory Com- ‘‘(iii) Hazards vulnerability. cluding programs that educate the public mittee Act (5 U.S.C. App.) shall not apply to ‘‘(iv) Call volume. about arson prevention and detection. activities carried out pursuant to this sub- ‘‘(v) Financial situation, including unem- ‘‘(C) To fund wildland fire prevention pro- section. ployment rate of the area being served. grams, including education, awareness, and ‘‘(g) PRIORITIZATION OF GRANT AWARDS.—In ‘‘(vi) Need for training or equipment. mitigation programs that protect lives, prop- awarding grants under this section, the Ad- ‘‘(2) APPLICATIONS FROM NONAFFILIATED EMS erty, and natural resources from fire in the ministrator of FEMA shall consider the fol- ORGANIZATIONS.—In the case of an applica- wildland-urban interface. lowing: tion submitted under subsection (e)(1) by a ‘‘(D) In the case of a grant awarded under ‘‘(1) The findings and recommendations of nonaffiliated EMS organization, the Admin- paragraph (1)(C), to fund the establishment the peer reviews carried out under sub- istrator of FEMA shall consider the extent or operation of a fire safety research center section (f). to which other sources of Federal funding for the purpose of significantly reducing the ‘‘(2) The degree to which an award will re- are available to the applicant to provide the number of fire-related deaths and injuries duce deaths, injuries, and property damage assistance requested in such application. among firefighters and the general public by reducing the risks associated with fire-re- ‘‘(3) AWARDING FIRE PREVENTION AND SAFE- through research, development, and tech- lated and other hazards. TY GRANTS TO CERTAIN ORGANIZATIONS THAT nology transfer activities. ‘‘(3) The extent of the need of an applicant ARE NOT FIRE DEPARTMENTS.—In the case of ‘‘(E) To support such other activities, con- for a grant under this section and the need to applicants for grants under this section who sistent with the purposes of this subsection, protect the United States as a whole. are described in subsection (d)(1)(B), the Ad- as the Administrator of FEMA determines ‘‘(4) The number of calls requesting or re- ministrator of FEMA shall give priority to appropriate. quiring a fire fighting or emergency medical applicants who focus on— ‘‘(4) LIMITATION.—None of the funds made response received by an applicant. ‘‘(A) prevention of injuries to high risk available under this subsection may be pro- ‘‘(h) ALLOCATION OF GRANT AWARDS.—In groups from fire; and vided to the Association of Community Orga- awarding grants under this section, the Ad- ‘‘(B) research programs that demonstrate a nizations for Reform Now (ACORN) or any of ministrator of FEMA shall ensure that of the potential to improve firefighter safety. its affiliates, subsidiaries, or allied organiza- available grant funds in each fiscal year— ‘‘(4) AWARDING GRANTS FOR FIRE SAFETY RE- tions. ‘‘(1) not less than 25 percent are awarded SEARCH CENTERS.— ‘‘(e) APPLICATIONS FOR GRANTS.— under subsection (c) to career fire depart- ‘‘(A) CONSIDERATIONS.—In awarding grants ‘‘(1) IN GENERAL.—An entity seeking a ments; under subsection (d)(1)(C), the Administrator grant under this section shall submit to the ‘‘(2) not less than 25 percent are awarded of FEMA shall— Administrator of FEMA an application under subsection (c) to volunteer fire depart- ‘‘(i) select each grant recipient on— therefor in such form and in such manner as ments; ‘‘(I) the demonstrated research and exten- the Administrator of FEMA determines ap- ‘‘(3) not less than 25 percent are awarded sion resources available to the recipient to propriate. under subsection (c) to combination fire de- carry out the research, development, and ‘‘(2) ELEMENTS.—Each application sub- partments and fire departments using paid- technology transfer activities; mitted under paragraph (1) shall include the on-call firefighting personnel; ‘‘(II) the capability of the recipient to pro- following: ‘‘(4) not less than 10 percent are available vide leadership in making national contribu- ‘‘(A) A description of the financial need of for open competition among career fire de- tions to fire safety; the applicant for the grant. partments, volunteer fire departments, com- ‘‘(III) the recipient’s ability to disseminate ‘‘(B) An analysis of the costs and benefits, bination fire departments, and fire depart- the results of fire safety research; and with respect to public safety, of the use for ments using paid-on-call firefighting per- ‘‘(IV) the strategic plan the recipient pro- which a grant is requested. sonnel for grants awarded under subsection poses to carry out under the grant; ‘‘(C) An agreement to provide information (c); ‘‘(ii) give special consideration in selecting to the national fire incident reporting sys- ‘‘(5) not less than 10 percent are awarded recipients under subparagraph (A) to an ap- tem for the period covered by the grant. under subsection (d); and plicant for a grant that consists of a partner- ‘‘(D) A list of other sources of funding re- ‘‘(6) not more than 2 percent are awarded ship between— ceived by the applicant— under this section to nonaffiliated EMS or- ‘‘(I) a national fire service organization or ‘‘(i) for the same purpose for which the ap- ganizations described in subsection (c)(1)(B). a national fire safety organization; and plication for a grant under this section was ‘‘(i) ADDITIONAL REQUIREMENTS AND LIMITA- ‘‘(II) an institution of higher education, in- submitted; or TIONS.— cluding a minority-serving institution (as ‘‘(ii) from the Federal Government for ‘‘(1) FUNDING FOR EMERGENCY MEDICAL described in section 371(a) of the Higher Edu- other fire-related purposes. SERVICES.—Not less than 3.5 percent of the cation Act of 1965 (20 U.S.C. 1067q(a))); and ‘‘(E) Such other information as the Admin- available grant funds for a fiscal year shall ‘‘(iii) consider the research needs identified istrator of FEMA determines appropriate. be awarded under this section for purposes and prioritized through the workshop re- ‘‘(3) JOINT OR REGIONAL APPLICATIONS.— described in subsection (c)(3)(F). quired by subparagraph (B)(i). ‘‘(A) IN GENERAL.—Two or more entities ‘‘(2) STATE FIRE TRAINING ACADEMIES.— ‘‘(B) RESEARCH NEEDS.— may submit an application under paragraph ‘‘(A) MAXIMUM SHARE.—Not more than 3 ‘‘(i) IN GENERAL.—Not later than 90 days (1) for a grant under this section to fund a percent of the available grant funds for a fis- after the date of the enactment of the Fire

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Grants Reauthorization Act of 2012, the Ad- FEMA may waive or reduce the require- ‘‘(3) APPLICABILITY OF FEDERAL ADVISORY ministrator of FEMA shall convene a work- ments of paragraphs (1), (2), and (3) in cases COMMITTEE ACT.—The Federal Advisory Com- shop of the fire safety research community, of demonstrated economic hardship. mittee Act (5 U.S.C. App.) shall not apply to fire service organizations, and other appro- ‘‘(B) GUIDELINES.— activities carried out under this subsection. priate stakeholders to identify and prioritize ‘‘(i) IN GENERAL.—The Administrator of ‘‘(m) ACCOUNTING DETERMINATION.—Not- fire safety research needs. FEMA shall establish and publish guidelines withstanding any other provision of law, for ‘‘(ii) PUBLICATION.—The Administrator of for determining what constitutes economic purposes of this section, equipment costs FEMA shall ensure that the results of the hardship for purposes of this paragraph. shall include all costs attributable to any de- workshop are made available to the public. ‘‘(ii) CONSULTATION.—In developing guide- sign, purchase of components, assembly, ‘‘(C) LIMITATIONS ON GRANTS FOR FIRE SAFE- lines under clause (i), the Administrator of manufacture, and transportation of equip- TY RESEARCH CENTERS.— FEMA shall consult with individuals who ment not otherwise commercially available. ‘‘(i) IN GENERAL.—The Administrator of are— ‘‘(n) ELIGIBLE GRANTEE ON BEHALF OF FEMA may award grants under subsection ‘‘(I) recognized for expertise in firefighting, ALASKA NATIVE VILLAGES.—The Alaska Vil- (d) to establish not more than 3 fire safety emergency medical services provided by fire lage Initiatives, a non-profit organization in- research centers. services, or the economic affairs of State and corporated in the State of Alaska, shall be ‘‘(ii) RECIPIENTS.—An institution of higher local governments; and eligible to apply for and receive a grant or education, a national fire service organiza- ‘‘(II) members of national fire service orga- other assistance under this section on behalf tion, and a national fire safety organization nizations or national organizations rep- of Alaska Native villages. may not directly receive a grant under sub- resenting the interests of State and local ‘‘(o) TRAINING STANDARDS.—If an applicant section (d) for a fiscal year for more than 1 governments. for a grant under this section is applying for fire safety research center. ‘‘(iii) CONSIDERATIONS.—In developing such grant to purchase training that does ‘‘(5) AVOIDING DUPLICATION.—The Adminis- guidelines under clause (i), the Adminis- not meet or exceed any applicable national trator of FEMA shall review lists submitted trator of FEMA shall consider, with respect voluntary consensus standards, including by applicants pursuant to subsection to relevant communities, the following: those developed under section 647 of the (e)(2)(D) and take such actions as the Admin- ‘‘(I) Changes in rates of unemployment Post-Katrina Emergency Management Re- istrator of FEMA considers necessary to pre- from previous years. form Act of 2006 (6 U.S.C. 747), the applicant vent unnecessary duplication of grant ‘‘(II) Whether the rates of unemployment shall submit to the Administrator of FEMA awards. of the relevant communities are currently an explanation of the reasons that the train- ‘‘(k) MATCHING AND MAINTENANCE OF EX- and have consistently exceeded the annual ing proposed to be purchased will serve the PENDITURE REQUIREMENTS.— national average rates of unemployment. needs of the applicant better than training ‘‘(1) MATCHING REQUIREMENT FOR ASSIST- ‘‘(III) Changes in percentages of individ- that meets or exceeds such standards. ANCE TO FIREFIGHTERS GRANTS.— uals eligible to receive food stamps from pre- ‘‘(p) ENSURING EFFECTIVE USE OF GRANTS.— ‘‘(A) IN GENERAL.—Except as provided in vious years. ‘‘(1) AUDITS.—The Administrator of FEMA subparagraph (B), an applicant seeking a ‘‘(IV) Such other factors as the Adminis- may audit a recipient of a grant awarded grant to carry out an activity under sub- trator of FEMA considers appropriate. under this section to ensure that— section (c) shall agree to make available ‘‘(C) CERTAIN APPLICANTS FOR FIRE PREVEN- ‘‘(A) the grant amounts are expended for non-Federal funds to carry out such activity TION AND SAFETY GRANTS.—The authority in an amount equal to not less than 15 per- the intended purposes; and cent of the grant awarded to such applicant under subparagraph (A) shall not apply with ‘‘(B) the grant recipient complies with the under such subsection. respect to a nonprofit organization that— requirements of subsection (k). ‘‘(i) is described in subsection (d)(1)(B); and ‘‘(2) PERFORMANCE ASSESSMENT.— ‘‘(B) EXCEPTION FOR ENTITIES SERVING ‘‘(ii) is not a fire department or emergency ‘‘(A) IN GENERAL.—The Administrator of SMALL COMMUNITIES.—In the case that an ap- plicant seeking a grant to carry out an ac- medical services organization. FEMA shall develop and implement a per- tivity under subsection (c) serves a jurisdic- ‘‘(l) GRANT GUIDELINES.— formance assessment system, including tion of— ‘‘(1) GUIDELINES.—For each fiscal year, quantifiable performance metrics, to evalu- ‘‘(i) more than 20,000 residents but not prior to awarding any grants under this sec- ate the extent to which grants awarded more than 1,000,000 residents, the application tion, the Administrator of FEMA shall pub- under this section are furthering the pur- shall agree to make available non-Federal lish in the Federal Register— poses of this section, including protecting funds in an amount equal to not less than 10 ‘‘(A) guidelines that describe— the health and safety of the public and fire- percent of the grant awarded to such appli- ‘‘(i) the process for applying for grants fighting personnel against fire and fire-re- cant under such subsection; and under this section; and lated hazards. ‘‘(ii) 20,000 residents or fewer, the applicant ‘‘(ii) the criteria that will be used for se- ‘‘(B) CONSULTATION.—The Administrator of shall agree to make available non-Federal lecting grant recipients; and FEMA shall consult with fire service rep- funds in an amount equal to not less than 5 ‘‘(B) an explanation of any differences be- resentatives and with the Comptroller Gen- percent of the grant awarded to such appli- tween such guidelines and the recommenda- eral of the United States in developing the cant under such subsection. tions obtained under paragraph (2). assessment system required by subparagraph ‘‘(2) MATCHING REQUIREMENT FOR FIRE PRE- ‘‘(2) ANNUAL MEETING TO OBTAIN REC- (A). VENTION AND SAFETY GRANTS.— OMMENDATIONS.— ‘‘(3) ANNUAL REPORTS TO ADMINISTRATOR OF ‘‘(A) IN GENERAL.—An applicant seeking a ‘‘(A) IN GENERAL.—For each fiscal year, the FEMA.—Not less frequently than once each grant to carry out an activity under sub- Administrator of FEMA shall convene a year during the term of a grant awarded section (d) shall agree to make available meeting of qualified members of national under this section, the recipient of the grant non-Federal funds to carry out such activity fire service organizations and, at the discre- shall submit to the Administrator of FEMA in an amount equal to not less than 5 percent tion of the Administrator of FEMA, qualified an annual report describing how the recipi- of the grant awarded to such applicant under members of emergency medical service orga- ent used the grant amounts. such subsection. nizations to obtain recommendations regard- ‘‘(4) ANNUAL REPORTS TO CONGRESS.— ‘‘(B) MEANS OF MATCHING.—An applicant ing the following: ‘‘(A) IN GENERAL.—Not later than Sep- for a grant under subsection (d) may meet ‘‘(i) Criteria for the awarding of grants tember 30, 2013, and each year thereafter the matching requirement under subpara- under this section. through 2017, the Administrator of FEMA graph (A) through direct funding, funding of ‘‘(ii) Administrative changes to the assist- shall submit to the Committee on Homeland complementary activities, or the provision ance program established under subsection Security and Governmental Affairs of the of staff, facilities, services, material, or (b). Senate and the Committee on Science and equipment. ‘‘(B) QUALIFIED MEMBERS.—For purposes of Technology of the House of Representatives ‘‘(3) MAINTENANCE OF EXPENDITURES.—An this paragraph, a qualified member of an or- a report that provides— applicant seeking a grant under subsection ganization is a member who— ‘‘(i) information on the performance as- (c) or (d) shall agree to maintain during the ‘‘(i) is recognized for expertise in fire- sessment system developed under paragraph term of the grant the applicant’s aggregate fighting or emergency medical services; (2); and expenditures relating to the uses described ‘‘(ii) is not an employee of the Federal ‘‘(ii) using the performance metrics devel- in subsections (c)(3) and (d)(3) at not less Government; and oped under such paragraph, an evaluation of than 80 percent of the average amount of ‘‘(iii) in the case of a member of an emer- the effectiveness of the grants awarded under such expenditures in the 2 fiscal years pre- gency medical service organization, is a this section. ceding the fiscal year in which the grant member of an organization that represents— ‘‘(B) ADDITIONAL INFORMATION.—The report amounts are received. ‘‘(I) providers of emergency medical serv- due under subparagraph (A) on September 30, ‘‘(4) WAIVER.— ices that are affiliated with fire depart- 2016, shall also include recommendations for ‘‘(A) IN GENERAL.—Except as provided in ments; or legislative changes to improve grants under subparagraph (C)(ii), the Administrator of ‘‘(II) nonaffiliated EMS providers. this section.

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‘‘(q) AUTHORIZATION OF APPROPRIATIONS.— firefighter in that department at the time nated by subsection (d)(1) of this section, is ‘‘(1) IN GENERAL.—There is authorized to be the grant application was submitted.’’. amended— appropriated to carry out this section— (d) WAIVERS.—Section 34 of such Act (15 (A) in the matter before paragraph (1), by ‘‘(A) $750,000,000 for fiscal year 2013; and U.S.C. 2229a) is amended— striking ‘‘In this section, the term—’’ and in- ‘‘(B) for each of fiscal years 2014 through (1) by redesignating subsections (d) serting ‘‘In this section:’’; 2017, an amount equal to the amount author- through (i) as subsections (e) through (j), re- (B) in paragraph (1)— ized for the previous fiscal year increased by spectively; and (i) by inserting ‘‘The term’’ before ‘‘ ‘fire- the percentage by which— (2) by inserting after subsection (c) the fol- fighter’ has’’; and ‘‘(i) the Consumer Price Index (all items, lowing: (ii) by striking ‘‘; and’’ and inserting a pe- United States city average) for the previous ‘‘(d) WAIVERS.— riod; fiscal year, exceeds ‘‘(1) IN GENERAL.—In a case of dem- (C) by striking paragraph (2); and ‘‘(ii) the Consumer Price Index for the fis- onstrated economic hardship, the Adminis- (D) by inserting at the end the following: cal year preceding the fiscal year described trator of FEMA may— ‘‘(2) The terms ‘Administrator of FEMA’, in clause (i). ‘‘(A) waive the requirements of subsection ‘career fire department’, ‘combination fire ‘‘(2) ADMINISTRATIVE EXPENSES.—Of the (c)(1); or department’, and ‘volunteer fire department’ amounts appropriated pursuant to paragraph ‘‘(B) waive or reduce the requirements in have the meanings given such terms in sec- (1) for a fiscal year, the Administrator of subsection (a)(1)(E) or subsection (c)(2). tion 33(a).’’. FEMA may use not more than 5 percent of ‘‘(2) GUIDELINES.— (2) CONFORMING AMENDMENT.—Section such amounts for salaries and expenses and ‘‘(A) IN GENERAL.—The Administrator of 34(a)(1)(A) of such Act (15 U.S.C. other administrative costs incurred by the FEMA shall establish and publish guidelines 2229a(a)(1)(A)) is amended by striking ‘‘ca- Administrator of FEMA in the course of for determining what constitutes economic reer, volunteer, and combination fire depart- awarding grants and providing assistance hardship for purposes of paragraph (1). ments’’ and inserting ‘‘career fire depart- under this section. ‘‘(B) CONSULTATION.—In developing guide- ments, combination fire departments, and ‘‘(3) CONGRESSIONALLY DIRECTED SPEND- lines under subparagraph (A), the Adminis- volunteer fire departments’’. ING.—Consistent with the requirements in trator of FEMA shall consult with individ- (h) AUTHORIZATION OF APPROPRIATIONS.— subsections (c)(1) and (d)(1) that grants under uals who are— (1) IN GENERAL.—Subsection (j) of section those subsections be awarded on a competi- ‘‘(i) recognized for expertise in firefighting, 34 of such Act (15 U.S.C. 2229a), as redesig- tive basis, none of the funds appropriated emergency medical services provided by fire nated by subsection (d)(1) of this section, is pursuant to this subsection may be used for services, or the economic affairs of State and amended— any congressionally directed spending item local governments; and (A) in paragraph (6), by striking ‘‘and’’ at (as defined under the rules of the Senate and ‘‘(ii) members of national fire service orga- the end; the House of Representatives). nizations or national organizations rep- (B) in paragraph (7), by striking the period ‘‘(r) SUNSET OF AUTHORITIES.—The author- resenting the interests of State and local at the end and inserting ‘‘; and’’; and ity to award assistance and grants under this governments. (C) by adding at the end the following: section shall expire on the date that is 10 ‘‘(C) CONSIDERATIONS.—In developing guide- ‘‘(8) $750,000,000 for fiscal year 2013; and years after the date of the enactment of the lines under subparagraph (A), the Adminis- ‘‘(9) for each of fiscal years 2014 through Fire Grants Reauthorization Act of 2012.’’. trator of FEMA shall consider, with respect 2017, an amount equal to the amount author- SEC. 1804. STAFFING FOR ADEQUATE FIRE AND to relevant communities, the following: ized for the previous fiscal year increased by EMERGENCY RESPONSE. ‘‘(i) Changes in rates of unemployment the percentage by which— (a) IMPROVEMENTS TO HIRING GRANTS.— from previous years. ‘‘(A) the Consumer Price Index (all items, (1) TERM OF GRANTS.—Subparagraph (B) of ‘‘(ii) Whether the rates of unemployment United States city average) for the previous section 34(a)(1) of the Federal Fire Preven- of the relevant communities are currently fiscal year, exceeds tion and Control Act of 1974 (15 U.S.C. and have consistently exceeded the annual ‘‘(B) the Consumer Price Index for the fis- 2229a(a)(1)) is amended to read as follows: national average rates of unemployment. cal year preceding the fiscal year described ‘‘(B) Grants made under this paragraph ‘‘(iii) Changes in percentages of individuals in subparagraph (A).’’. shall be for 3 years and be used for programs eligible to receive food stamps from previous (2) ADMINISTRATIVE EXPENSES.—Such sub- to hire new, additional firefighters.’’. years. section (j) is further amended— (2) LIMITATION OF PORTION OF COSTS OF HIR- ‘‘(iv) Such other factors as the Adminis- (A) in paragraph (9), as added by paragraph ING FIREFIGHTERS.—Subparagraph (E) of such trator of FEMA considers appropriate.’’. (1) of this subsection, by redesignating sub- section is amended to read as follows: (e) IMPROVEMENTS TO PERFORMANCE EVAL- paragraphs (A) and (B) as clauses (i) and (ii), ‘‘(E) The portion of the costs of hiring fire- UATION REQUIREMENTS.—Subsection (e) of respectively, and moving the left margin of fighters provided by a grant under this para- section 34 of such Act (15 U.S.C. 2229a), as re- such clauses, as so redesignated, 2 ems to the graph may not exceed— designated by subsection (d)(1) of this sec- right; ‘‘(i) 75 percent in the first year of the tion, is amended by inserting before the first (B) by redesignating paragraphs (1) grant; sentence the following: through (9) as subparagraphs (A) through (I), ‘‘(ii) 75 percent in the second year of the ‘‘(1) IN GENERAL.—The Administrator of respectively, and moving the left margin of grant; and FEMA shall establish a performance assess- such subparagraphs, as so redesignated, 2 ‘‘(iii) 35 percent in the third year of the ment system, including quantifiable per- ems to the right; grant.’’. formance metrics, to evaluate the extent to (C) by striking ‘‘There are’’ and inserting (b) CLARIFICATION REGARDING ELIGIBLE EN- which grants awarded under this section are the following: TITIES FOR RECRUITMENT AND RETENTION furthering the purposes of this section. ‘‘(1) IN GENERAL.—There are’’; and GRANTS.—The second sentence of section ‘‘(2) SUBMITTAL OF INFORMATION.—’’. (D) by adding at the end the following: 34(a)(2) of such Act (15 U.S.C. 2229a(a)(2)) is (f) REPORT.— ‘‘(2) ADMINISTRATIVE EXPENSES.—Of the amended by striking ‘‘organizations on a (1) IN GENERAL.—Subsection (f) of section amounts appropriated pursuant to paragraph local or statewide basis’’ and inserting ‘‘na- 34 of such Act (15 U.S.C. 2229a), as redesig- (1) for a fiscal year, the Administrator of tional, State, local, or tribal organizations’’. nated by subsection (d)(1) of this section, is FEMA may use not more than 5 percent of (c) MAXIMUM AMOUNT FOR HIRING A FIRE- amended by striking ‘‘The authority’’ and all such amounts to cover salaries and expenses FIGHTER.—Paragraph (4) of section 34(c) of that follows through ‘‘Congress concerning’’ and other administrative costs incurred by such Act (15 U.S.C. 2229a(c)) is amended to and inserting the following: ‘‘Not later than the Administrator of FEMA to make grants read as follows: September 30, 2014, the Administrator of and provide assistance under this section.’’. ‘‘(4) The amount of funding provided under FEMA shall submit to the Committee on (3) CONGRESSIONALLY DIRECTED SPENDING.— this section to a recipient fire department Homeland Security and Governmental Af- Such subsection (j) is further amended by for hiring a firefighter in any fiscal year may fairs of the Senate and the Committee on adding at the end the following: not exceed— Science and Technology of the House of Rep- ‘‘(3) CONGRESSIONALLY DIRECTED SPEND- ‘‘(A) in the first year of the grant, 75 per- resentatives a report on’’. ING.—Consistent with the requirement in cent of the usual annual cost of a first-year (2) CONFORMING AMENDMENT.—The heading subsection (a) that grants under this section firefighter in that department at the time for subsection (f) of section 34 of such Act (15 be awarded on a competitive basis, none of the grant application was submitted; U.S.C. 2229a), as redesignated by subsection the funds appropriated pursuant to this sub- ‘‘(B) in the second year of the grant, 75 per- (d)(1) of this section, is amended by striking section may be used for any congressionally cent of the usual annual cost of a first-year ‘‘SUNSET AND REPORTS’’ and inserting ‘‘RE- direct spending item (as defined under the firefighter in that department at the time PORT’’. rules of the Senate and the House of Rep- the grant application was submitted; and (g) ADDITIONAL DEFINITIONS.— resentatives).’’. ‘‘(C) in the third year of the grant, 35 per- (1) IN GENERAL.—Subsection (i) of section (i) TECHNICAL AMENDMENT.—Section 34 of cent of the usual annual cost of a first-year 34 of such Act (15 U.S.C. 2229a), as redesig- such Act (15 U.S.C. 2229a) is amended by

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striking ‘‘Administrator’’ each place it ap- (b) STUDY AND REPORT ON COMPLIANCE WITH (i) Representatives of national organiza- pears and inserting ‘‘Administrator of STAFFING STANDARDS.— tions representing firefighters and fire FEMA’’. (1) STUDY.—The Administrator shall con- chiefs. (j) CLERICAL AMENDMENT.—Such section is duct a study on the level of compliance with (ii) Individuals representing standards-set- further amended in the heading by striking national voluntary consensus standards for ting and accrediting organizations, including ‘‘EXPANSION OF PRE-SEPTEMBER 11, 2001, staffing, training, safe operations, personal representatives from the voluntary con- FIRE GRANT PROGRAM’’ and inserting the protective equipment, and fitness among the sensus codes and standards development following: ‘‘staffing for adequate fire and emer- fire services of the United States. community. gency response’’. (2) SURVEY.— (iii) Such other individuals as the Sec- (k) SUNSET OF AUTHORITY TO AWARD HIRING (A) IN GENERAL.—In carrying out the study retary considers appropriate. GRANTS.—Such section is further amended (B) REPRESENTATIVES OF OTHER DEPART- by adding at the end the following: required by paragraph (1), the Administrator MENTS AND AGENCIES.—The Secretary may ‘‘(k) SUNSET OF AUTHORITIES.—The author- shall carry out a survey of fire services to as- invite representatives of other Federal de- ity to award assistance and grants under this sess the level of compliance of such fire serv- section shall expire on the date that is 10 ices with the standards described in such partments and agencies that have an inter- years after the date of the enactment of the paragraph. est in fire services to participate in the Fire Grants Reauthorization Act of 2012.’’. (B) ELEMENTS.—The survey required by meetings and other activities of the Task Force. SEC. 1805. SENSE OF CONGRESS ON VALUE AND subparagraph (A) shall— FUNDING OF ASSISTANCE TO FIRE- (i) include career fire departments, volun- (C) NUMBER; TERMS OF SERVICE; PAY AND FIGHTERS AND STAFFING FOR ADE- teer fire departments, combination fire de- ALLOWANCES.—The Secretary shall determine QUATE FIRE AND EMERGENCY RE- partments, and fire departments serving the number, terms of service, and pay and al- SPONSE PROGRAMS. communities of different sizes, and such lowances of members of the Task Force ap- It is the sense of Congress that— other distinguishing factors as the Adminis- pointed by the Secretary, except that a term (1) the grants and assistance awarded trator considers relevant; of service of any such member may not ex- under sections 33 and 34 of the Federal Fire (ii) employ methods to ensure that the sur- ceed 2 years. Prevention and Control Act of 1974 (15 U.S.C. vey accurately reflects the actual rate of (3) RESPONSIBILITIES.—The Task Force 2229 and 2229a) have proven equally valuable shall— in protecting the health and safety of the compliance with the standards described in paragraph (1) among fire services; and (A) consult with the Secretary in the con- public and firefighting personnel throughout duct of the study required by subsection the United States against fire and fire-re- (iii) determine the extent of barriers and challenges to achieving compliance with the (b)(1); and lated hazards; and (B) develop a plan to enhance firefighter standards described in paragraph (1) among (2) providing parity in funding for the safety by increasing fire service compliance fire services. awarding of grants and assistance under both with the standards described in subsection (C) AUTHORITY TO CARRY OUT SURVEY WITH such sections will ensure that the grant and (b)(1), including by— NONPROFIT.—If the Administrator determines assistance programs under such sections can (i) reviewing and evaluating the report re- that it will reduce the costs incurred by the continue to serve their complementary pur- quired by subsection (b)(3)(A) to determine United States Fire Administration in car- poses. the extent of and barriers to achieving com- rying out the survey required by subpara- SEC. 1806. REPORT ON AMENDMENTS TO ASSIST- pliance with the standards described in sub- graph (A), the Administrator may carry out ANCE TO FIREFIGHTERS AND STAFF- section (b)(1) among fire services; and ING FOR ADEQUATE FIRE AND such survey in conjunction with a nonprofit (ii) considering ways in which the Federal EMERGENCY RESPONSE PROGRAMS. organization that has substantial expertise Government, States, and local governments (a) IN GENERAL.—Not later than September and experience in the following areas: can promote or encourage fire services to 30, 2016, the Comptroller General of the (i) The fire services. comply with such standards. United States shall submit to the Committee (ii) National voluntary consensus stand- (4) REPORT.— on Homeland Security and Governmental Af- ards. (A) IN GENERAL.—Not later than 180 days fairs of the Senate and the Committee on (iii) Contemporary survey methods. after the date on which the Secretary sub- Science and Technology of the House of Rep- (3) REPORT ON FINDINGS OF STUDY.— mits the report required by subsection resentatives a report on the effect of the (A) IN GENERAL.—Not later than 2 years (b)(3)(A), the Task Force shall submit to amendments made by this title. after the date of the enactment of this Act, Congress and the Secretary a report on the (b) CONTENTS.—The report required by sub- the Administrator shall submit to Congress activities and findings of the Task Force. section (a) shall include the following: a report on the findings of the Administrator (B) CONTENTS.—The report required by sub- (1) An assessment of the effect of the with respect to the study required by para- paragraph (A) shall include the following: amendments made by sections 1803 and 1804 graph (1). on the effectiveness, relative allocation, ac- (i) The findings and recommendations of (B) CONTENTS.—The report required by sub- the Task Force with respect to the study countability, and administration of the paragraph (A) shall include the following: carried out under subsection (b)(1). grants and assistance awarded under sec- (i) An accurate description, based on the (ii) The plan developed under paragraph tions 33 and 34 of the Federal Fire Preven- results of the survey required by paragraph (3)(B). tion and Control Act of 1974 (15 U.S.C. 2229 (2)(A), of the rate of compliance with the (d) STUDY AND REPORT ON THE NEEDS OF and 2229a) after the date of the enactment of standards described in paragraph (1) among FIRE SERVICES.— this Act. United States fire services, including a com- (1) STUDY.—The Administrator shall con- (2) An evaluation of the extent to which parison of the rates of compliance among ca- duct a study— the amendments made by sections 1803 and reer fire departments, volunteer fire depart- (A) to define the current roles and activi- 1804 have enabled recipients of grants and as- ments, combination fire departments, and ties associated with fire services on a na- sistance awarded under such sections 33 and fire departments serving communities of dif- tional, State, regional, and local level; 34 after the date of the enactment of this Act ferent sizes, and such other comparisons as (B) to identify the equipment, staffing, and to mitigate fire and fire-related and other Administrator considers relevant. training required to fulfill the roles and ac- hazards more effectively. (ii) A description of the challenges faced by tivities defined under subparagraph (A); SEC. 1807. STUDIES AND REPORTS ON THE STATE different types of fire departments and dif- OF FIRE SERVICES. (C) to conduct an assessment to identify ferent types of communities in complying (a) DEFINITIONS.—In this section: gaps between what fire services currently with the standards described in paragraph (1) ADMINISTRATOR.—The term ‘‘Adminis- possess and what they require to meet the (1). trator’’ means the Administrator of the equipment, staffing, and training needs iden- United States Fire Administration. (c) TASK FORCE TO ENHANCE FIREFIGHTER tified under subparagraph (B) on a national (2) CAREER FIRE DEPARTMENT, COMBINATION SAFETY.— and State-by-State basis; and FIRE DEPARTMENT, VOLUNTEER FIRE DEPART- (1) ESTABLISHMENT.—Not later than 60 days (D) to measure the impact of the grant and MENT.—The terms ‘‘career fire department’’, after the date of the enactment of this Act, assistance program under section 33 of the ‘‘combination fire department’’, and ‘‘volun- the Secretary of Homeland Security shall es- Federal Fire Prevention and Control Act of teer fire department’’ have the meanings tablish a task force to be known as the 1974 (15 U.S.C. 2229) in meeting the needs of given such terms in section 33(a) of the Fed- ‘‘Task Force to Enhance Firefighter Safety’’ fire services and filling the gaps identified eral Fire Prevention and Control Act of 1974 (in this subsection referred to as the ‘‘Task under subparagraph (C). (15 U.S.C. 2229(a)), as amended by section Force’’). (2) REPORT.—Not later than 2 years after 1803. (2) MEMBERSHIP.— the date of the enactment of this title, the (3) FIRE SERVICE.—The term ‘‘fire service’’ (A) IN GENERAL.—Members of the Task Administrator shall submit to Congress a re- has the meaning given such term in section Force shall be appointed by the Secretary port on the findings of the Administrator 4 of the Federal Fire Prevention and Control from among the general public and shall in- with respect to the study conducted under Act of 1974 (15 U.S.C. 2203). clude the following: paragraph (1).

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00089 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.002 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15700 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 28, 2012 (e) AUTHORIZATION OF APPROPRIATIONS.— partment of Energy, to prescribe mili- order, including a subpoena for testimony or There are authorized to be appropriated to tary personnel strengths for such fiscal documents, is sought or issued. If removal is the Administrator to carry out this section— year, and for other purposes; which was sought for a proceeding described in the pre- (1) $600,000 for fiscal year 2013; and ordered to lie on the table; as follows: vious sentence, and there is no other basis (2) $600,000 for fiscal year 2014. for removal, only that proceeding may be re- At the end of section 912 of subtitle B of Subtitle B—Reauthorization of United States moved to the district court. title IX of division A, add the following: Fire Administration ‘‘(2) The term ‘crime of violence’ has the (c) EXTENSION OF CERTAIN SPACE LAUNCH meaning given that term in section 16 of SEC. 1811. SHORT TITLE. LIABILITY PROVISIONS.—Section 50915(f) of This subtitle may be cited as the ‘‘United title 18. title 51, United States Code, is amended by ‘‘(3) The term ‘law enforcement officer’ States Fire Administration Reauthorization striking ‘‘December 31, 2012’’ and inserting Act of 2012’’. means any employee described in subpara- ‘‘December 31, 2014’’. graph (A), (B), or (C) of section 8401(17) of SEC. 1812. CLARIFICATION OF RELATIONSHIP BE- (d) EXTENSION OF CERTAIN INTERNATIONAL title 5 and any special agent in the Diplo- TWEEN UNITED STATES FIRE AD- SPACE COOPERATION PROVISIONS.—Section matic Security Service of the Department of MINISTRATION AND FEDERAL EMER- 7(1)(B) of Public Law 106—178 (50 U.S.C. 1701 State. GENCY MANAGEMENT AGENCY. note) is amended by striking ‘‘prior to July ‘‘(4) The term ‘serious bodily injury’ has Section 5(c) of the Federal Fire Prevention 1, 2016’’ and inserting ‘‘prior to December 31, the meaning given that term in section 1365 and Control Act of 1974 (15 U.S.C. 2204) is 2020’’. of title 18. amended to read as follows: (e) LEVEL OF EFFORT ASSURANCE.— ‘‘(c) DEPUTY ADMINISTRATOR.—The Admin- ‘‘(5) The term ‘State’ includes the District (1) IN GENERAL.—To ensure sufficient re- of Columbia, United States territories and istrator may appoint a Deputy Adminis- sources for the development of Federal and insular possessions, and Indian country (as trator, who shall— commercial launch capabilities under titles defined in section 1151 of title 18). ‘‘(1) perform such functions as the Admin- III and IV of the National Aeronautics and ‘‘(6) The term ‘State court’ includes the istrator shall from time to time assign or Space Administration Authorization Act of Superior Court of the District of Columbia, a delegate; and 2010 (42 U.S.C. 18301 et seq.; 124 Stat. 2805), for court of a United States territory or insular ‘‘(2) act as Administrator during the ab- fiscal years 2014 and 2015 the proportionate possession, and a tribal court.’’. sence or disability of the Administrator or in funding levels for the Space Launch System, the event of a vacancy in the office of Ad- the Multi-Purpose Crew Vehicle, known as ministrator.’’. SA 3080. Ms. AYOTTE submitted an Orion, and related Ground Systems and tech- amendment intended to be proposed by SEC. 1813. MODIFICATION OF AUTHORITY OF AD- nology developments, shall be no less than MINISTRATOR TO EDUCATE PUBLIC the proportion as provided in the aggregate her to the bill S. 3254, to authorize ap- ABOUT FIRE AND FIRE PREVENTION. within the Exploration account for fiscal propriations for fiscal year 2013 for Section 6 of the Federal Fire Prevention year 2013. military activities of the Department and Control Act of 1974 (15 U.S.C. 2205) is (2) EXCEPTION.—Paragraph (1) shall not of Defense, for military construction, amended by striking ‘‘to take all steps’’ and apply if the amounts provided for the activi- and for defense activities of the De- all that follows through ‘‘fire and fire pre- ties under paragraph (1) for fiscal year 2014 vention.’’ and inserting ‘‘to take such steps partment of Energy, to prescribe mili- or fiscal year 2015 are equal to or greater as the Administrator considers appropriate tary personnel strengths for such fiscal than the aggregate amounts provided for to educate the public and overcome public year, and for other purposes; which was each of those activities for fiscal year 2012 or indifference as to fire, fire prevention, and ordered to lie on the table; as follows: 2013, whichever is greater, by an Act of Con- individual preparedness.’’. At the end of subtitle F of title X, add the gress. SEC. 1814. AUTHORIZATION OF APPROPRIATIONS. following: Section 17(g)(1) of the Federal Fire Preven- SA 3079. Mr. GRASSLEY (for himself SEC. 1064. REPORT ON CAPABILITIES TO RE- SPOND TO THREATS POSED TO DE- tion and Control Act of 1974 (15 U.S.C. and Mr. COONS) submitted an amend- 2216(g)(1)) is amended— PLOYED UNITED STATES FORCES ment intended to be proposed by him AND INSTALLATIONS BY CRUISE (1) in subparagraph (G), by striking ‘‘and’’ to the bill S. 3254, to authorize appro- MISSILES, AIRCRAFT, TACTICAL BAL- at the end; LISTIC MISSILES, ROCKETS, AND (2) in subparagraph (H), by striking the pe- priations for fiscal year 2013 for mili- OTHER SURFACE MOVING TARGETS. riod at the end and inserting a semicolon; tary activities of the Department of (a) REPORT REQUIRED.—Not later than 120 (3) by adding after subparagraph (H) the Defense, for military construction, and days after the date of the enactment of this following: for defense activities of the Depart- Act, the Secretary of Defense shall submit to ‘‘(I) $76,490,890 for fiscal year 2013, of which ment of Energy, to prescribe military the Committees on Armed Services of the $2,753,672 shall be used to carry out section personnel strengths for such fiscal Senate and the House of Representatives a 8(f); year, and for other purposes; which was report on the capabilities of the Armed ‘‘(J) $76,490,890 for fiscal year 2014, of which Forces to respond to threats posed to de- $2,753,672 shall be used to carry out section ordered to lie on the table; as follows: ployed United States forces and installations 8(f); At the appropriate place, insert the fol- by cruise missiles, aircraft (including un- ‘‘(K) $76,490,890 for fiscal year 2015, of which lowing: manned aerial vehicles), tactical ballistic $2,753,672 shall be used to carry out section SEC. ll. REMOVAL OF ACTION. missiles, large caliber rockets, and other sur- 8(f); Section 1442 of title 28, United States Code, face moving targets. ‘‘(L) $76,490,890 for fiscal year 2016, of which is amended by striking subsection (c) and in- (b) ELEMENTS.—The report shall include $2,753,672 shall be used to carry out section serting the following: the following: 8(f); and ‘‘(c) Solely for purposes of determining the (1) A summary of the current unmet re- ‘‘(M) $76,490,890 for fiscal year 2017, of propriety of removal under subsection (a), a quirements of the combatant commands to which $2,753,672 shall be used to carry out law enforcement officer, who is the defend- respond to the threats described in sub- section 8(f).’’; and ant in a criminal prosecution, shall be section (a). (4) in subparagraphs (E) through (H), by deemed to have been acting under the color (2) A plan that, if implemented, would ad- moving each margin 2 ems to the left. of his office if the officer— dress current unmet requirements summa- SEC. 1815. REMOVAL OF LIMITATION. ‘‘(1) protected an individual in the presence rized under paragraph (1), including by— Section 9(d) of the Federal Fire Prevention of the officer from a crime of violence; (A) expeditiously addressing any gaps be- and Control Act of 1974 (15 U.S.C. 2208(d)) is ‘‘(2) provided immediate assistance to an tween the requirements summarized under amended— individual who suffered, or who was threat- paragraph (1) and current capabilities to (1) by striking ‘‘UPDATE.—’’ and all that ened with, bodily harm; or meet such requirements; and follows through ‘‘The Administrator’’ and in- ‘‘(3) prevented the escape of any individual (B) ensuring that the capabilities of the serting ‘‘UPDATE.—The Administrator’’; and who the officer reasonably believed to have Armed Forces keep abreast of such threats (2) by striking paragraph (2). committed, or was about to commit, in the in the future, including through— presence of the officer, a crime of violence (i) the development and deployment of per- SA 3078. Mrs. HUTCHISON submitted that resulted in, or was likely to result in, sistent surveillance and tracking systems an amendment intended to be proposed death or serious bodily injury. that rapidly share fire control data to extend by her to the bill S. 3254, to authorize ‘‘(d) In this section, the following defini- the effective engagement ranges of various tions apply: platforms; appropriations for fiscal year 2013 for ‘‘(1) The terms ‘civil action’ and ‘criminal (ii) the integration of such systems into military activities of the Department prosecution’ include any proceeding (wheth- current and future strategic plans for the de- of Defense, for military construction, er or not ancillary to another proceeding) to fense of forward deployed United States and for defense activities of the De- the extent that in such proceeding a judicial forces; and

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00090 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.002 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15701 (iii) the use of cost assessments by the Of- Act, the Secretary of Defense shall submit to for defense activities of the Depart- fice of Cost Assessment and Program Evalua- the congressional defense committees a re- ment of Energy, to prescribe military tion to obtain comparative assessments of port on the issuance by the Armed Forces personnel strengths for such fiscal the costs of existing capabilities with the Medical Examiner of death certificates for year, and for other purposes; which was costs of systems in development and time to members of the Armed Forces who die on ac- ordered to lie on the table; as follows: field. tive duty abroad, including mechanisms for (c) FORM.—The report shall be submitted reducing or ameliorating delays in the At the end of subtitle H of title X, add the in unclassified form, but may include a clas- issuance of such death certificates. following: sified annex. (b) ELEMENTS.—The report required by sub- SEC. 1084. RENEWAL OF EXPIRED PROHIBITION section (a) shall include the following: ON RETURN OF VETERANS MEMO- SA 3081. Mr. BARRASSO (for himself (1) A description of the process used by the RIAL OBJECTS WITHOUT SPECIFIC AUTHORIZATION IN LAW. and Mr. ENZI) submitted an amend- Armed Forces Medical Examiner to issue a (a) CODIFICATION OF PROHIBITION.—Section ment intended to be proposed by him death certificate for members of the Armed 2572 of title 10, United States Code, is amend- to the bill S. 3254, to authorize appro- Forces who die on active duty abroad, in- ed by adding at the end the following new priations for fiscal year 2013 for mili- cluding an explanation for any current subsection: tary activities of the Department of delays in the issuance of such death certifi- ‘‘(e)(1) Except as provided in paragraph (3), Defense, for military construction, and cates. and notwithstanding this section or any for defense activities of the Depart- (2) A description of the average amount of other provision of law, the President may time taken by the Armed Forces Medical Ex- ment of Energy, to prescribe military not transfer a veterans memorial object to a aminer to issue such death certificates. foreign country or an entity controlled by a personnel strengths for such fiscal (3) An assessment of the feasibility and ad- foreign government, or otherwise transfer or year, and for other purposes; which was visability of issuing temporary death certifi- convey such an object to any person or enti- ordered to lie on the table; as follows: cates for members of the Armed Forces who ty for purposes of the ultimate transfer or At the end of subtitle H of title X, add the die on active duty abroad in order to provide conveyance of the object to a foreign coun- following: necessary documentation for survivors. try or entity controlled by a foreign govern- SEC. 1084. PRIVATE RIGHT OF ACTION UNDER (4) A description of the actions required to ment. UNIFORMED AND OVERSEAS CITI- enable the Armed Forces Medical Examiner ‘‘(2) In this subsection: ZENS ABSENTEE VOTING ACT. to issue a death certificate for a member of ‘‘(A) The term ‘entity controlled by a for- Section 105 of the Uniformed and Overseas the Armed Forces who dies on active duty eign government’ has the meaning given Citizens Absentee Voting Act (42 U.S.C. abroad not later than seven days after the that term in section 2536(c)(1) of this title. 1973ff–4) is amended by striking subsection return of the remains of the member to the ‘‘(B) The term ‘veterans memorial object’ (b) and inserting the following: United States. means any object, including a physical struc- ‘‘(b) PRIVATE RIGHT OF ACTION.—A person (5) Such other recommendations for legis- ture or portion thereof, that— who is aggrieved by a violation of this Act lative or administrative action as the Sec- ‘‘(i) is located at a cemetery of the Na- may bring a civil action in an appropriate retary considers appropriate to provide for tional Cemetery System, war memorial, or district court for such declaratory or injunc- the issuance by the Armed Forces Medical military installation in the United States; tive relief as may be necessary to carry out Examiner of a death certificate for members ‘‘(ii) is dedicated to, or otherwise memori- this Act. of the Armed Forces who die on active duty alizes, the death in combat or combat-re- ‘‘(c) ATTORNEY’S FEES.—In a civil action abroad not later than seven days after the lated duties of members of the armed forces; under this section, the court may allow the return of the remains of such members to and prevailing party (other than the United the United States. ‘‘(iii) was brought to the United States States) reasonable attorney’s fees, including from abroad as a memorial of combat litigation expenses, and costs. SA 3083. Mr. BARRASSO (for him- abroad.’’. ‘‘(d) REPORTS TO CONGRESS.— (b) REPEAL OF OBSOLETE SOURCE LAW.— self, Mr. HOEVEN, Mr. ENZI, Mr. ‘‘(1) ANNUAL REPORT.—Not later than De- Section 1051 of the National Defense Author- cember 31 of each year, the Attorney General TESTER, Mr. HATCH, Mr. CONRAD, and ization Act for Fiscal Year 2000 (Public Law shall submit to Congress an annual report on Mr. BAUCUS) submitted an amendment 106–65; 10 U.S.C. 2572 note) is repealed. any civil action brought by the Attorney intended to be proposed by him to the General under subsection (a) during the pre- bill S. 3254, to authorize appropriations SA 3085. Mr. VITTER submitted an ceding year or any civil action brought by a for fiscal year 2013 for military activi- amendment intended to be proposed by private party under subsection (b) in which ties of the Department of Defense, for him to the bill S. 3254, to authorize ap- the Attorney General intervened. military construction, and for defense propriations for fiscal year 2013 for ‘‘(2) REPORT ON ENFORCEMENT.—Not later activities of the Department of Energy, military activities of the Department than July 1 of each year in which a general to prescribe military personnel of Defense, for military construction, election for Federal office is scheduled, the and for defense activities of the De- Attorney General shall submit to Congress a strengths for such fiscal year, and for report on the number of attorneys and other other purposes; which was ordered to partment of Energy, to prescribe mili- staff within the Department of Justice as- lie on the table; as follows: tary personnel strengths for such fiscal signed to enforce the Uniformed and Over- At the end of subtitle C of title II, add the year, and for other purposes; which was seas Citizen Absentee Voting Act, as well as following: ordered to lie on the table; as follows: the Attorney General’s plan to detect non- SEC. 238. READINESS AND FLEXIBILITY OF On page 306, between lines 2 and 3, insert compliance by State and local election offi- INTERCONTINENTAL BALLISTIC MIS- the following: cials with the requirements of the law.’’. SILE FORCE. (3) ADDITIONAL ELEMENTS.—In developing The Secretary of Defense may, in a manner the plan required by paragraph (1), the Sec- SA 3082. Mr. BARRASSO submitted consistent with the obligations of the United retary shall also— an amendment intended to be proposed States under international agreements— (A) identify targets for the number of per- by him to the bill S. 3254, to authorize (1) retain intercontinental ballistic missile sonnel to be reassigned to tasks related to appropriations for fiscal year 2013 for launch facilities currently supporting de- offensive cyber operations, and the rate at military activities of the Department ployed strategic nuclear delivery vehicles which such personnel shall be added to the of Defense, for military construction, within the limit of 800 deployed and non-de- workforce for such tasks; and and for defense activities of the De- ployed strategic launchers; (B) identify targets for use of National (2) maintain intercontinental ballistic mis- Guard personnel to support cyber workforce partment of Energy, to prescribe mili- siles on alert or operationally deployed sta- rationalization and the actions taken under tary personnel strengths for such fiscal tus; and subsection (a). year, and for other purposes; which was (3) preserve intercontinental ballistic mis- ordered to lie on the table; as follows: sile silos in operational or warm status. SA 3086. Mr. VITTER submitted an At the end of subtitle F of title VI, add the amendment intended to be proposed by following: SA 3084. Mr. BARRASSO (for himself him to the bill S. 3254, to authorize ap- SEC. 662. REPORT ON ISSUANCE BY ARMED and Mr. ENZI) submitted an amend- propriations for fiscal year 2013 for FORCES MEDICAL EXAMINER OF ment intended to be proposed by him military activities of the Department DEATH CERTIFICATES FOR MEM- to the bill S. 3254, to authorize appro- of Defense, for military construction, BERS OF THE ARMED FORCES WHO DIE ON ACTIVE DUTY ABROAD. priations for fiscal year 2013 for mili- and for defense activities of the De- (a) REPORT REQUIRED.—Not later than 120 tary activities of the Department of partment of Energy, to prescribe mili- days after the date of the enactment of this Defense, for military construction, and tary personnel strengths for such fiscal

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00091 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.002 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15702 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 28, 2012 year, and for other purposes; which was (A) ‘‘U.S. and coalition forces will continue (9) As of September 2012, female recruit- ordered to lie on the table; as follows: to degrade the Taliban-led insurgency in ment and retention rates for the Afghan Na- At the end of title XVII, add the following: order to provide time and space to increase tional Security Forces are far below pub- the capacity of the Afghan National Security lished targets, as follows: SEC. 1711. AIR FORCE ASSESSMENTS OF THE EF- FECTS OF PROPOSED MOVEMENTS Forces and the Afghan Government so they (A) Approximately 1,700 women serve in OF AIRFRAMES ON JOINT READI- can assume full responsibility for Afghani- the Afghan National Security Forces, or less NESS TRAINING. stan’s security by the end of 2014.’’ than half of one percent of the total force. The Secretary of the Air Force shall— (B) ‘‘Transition to Afghan security lead (B) In 2010, President Hamid Karzai an- (1) undertake an assessment of the effects began in July 2011 and transition to full Af- nounced plans to recruit and train 5,000 of currently-proposed movements of Air ghan security responsibility will be complete women in the Afghan National Police, or ap- Force airframes on Green Flag East and country-wide by the end of 2014.’’ proximately 3 percent of the force, by 2014. Green Flag West joint readiness training; (C) ‘‘The security of the Afghan people and Currently, there are approximately 1,370 and the stability of the government are used to women in the ANP, or 0.87 percent of the po- (2) if the Secretary determines it appro- judge provincial readiness to move to each lice force. priate, submit to the congressional defense successive stage of transition implementa- (C) Approximately 350 women currently committees a report setting forth a proposal tion.’’ serve in the Afghan National Army, rep- to make future replacements of capabilities (D) For each area designated for transi- resenting only 0.17 percent of the force. The for purposes of augmenting training at the tion, a transition implementation plan is de- Government of Afghanistan has said that its joint readiness training center (JRTC) or for veloped by the Government of Afghanistan, goal is to achieve a force that is 10 percent such other purposes as the Secretary con- NATO, and ISAF and approved by the Joint female. As of May 2012, approximately 3 per- siders appropriate. Afghan-NATO Inteqal Board (JANIB). JANIB cent of new ANA recruits were women. is also responsible for recommending areas (10) Male security personnel often do not SA 3087. Mr. VITTER submitted an to enter and exit the transition process. respond to threats or incidences of violence amendment intended to be proposed by (2) According to a 2002 study on Women, against women, particularly at the local him to the bill S. 3254, to authorize ap- Peace and Security submitted by the Sec- level. They largely lack the training and un- retary-General of the United Nations pursu- propriations for fiscal year 2013 for derstanding needed to respond appropriately ant to Security Council resolution 1325 and effectively to situations involving military activities of the Department (2000), ‘‘the suspension of or restriction on of Defense, for military construction, women. According to the Department of De- women’s enjoyment of their human rights’’ fense’s April 2012 Report on Progress Toward and for defense activities of the De- can act as an early-warning indicator of im- Security and Stability in Afghanistan: partment of Energy, to prescribe mili- pending or renewed conflict. In Afghanistan, (A) The Afghan Ministry of Defense ‘‘lacks tary personnel strengths for such fiscal restrictions on women’s mobility and rights the combination of policies, procedures, and year, and for other purposes; which was can signal the presence of extremist or insur- execution to promote opportunity and fair ordered to lie on the table; as follows: gent elements in a community. and respectful treatment of women in the (3) The security of Afghan women and girls force’’. At the end of subtitle F of title X, add the in areas undergoing security transitions will (B) The Afghan Ministry of Interior ‘‘faces following: be an important gauge of the transition significant challenges in fully integrating SEC. 1064. REPORT ON PLANNED EFFICIENCY INI- strategy’s success. Indicators by which to and protecting women in the ANP workforce, TIATIVES AT SPACE AND NAVAL measure women’s security include the mobil- WARFARE SYSTEMS COMMAND. especially among operational units at the ity of women and girls, the participation of (a) REPORT REQUIRED.—Not later than 90 provincial and district levels’’. women in local government bodies, the rate days after the date of the enactment of this (C) In the Afghan National Police, ‘‘Many of school attendance for girls, women’s ac- Act, the Secretary of the Navy shall submit Provincial Headquarters Commanders do not cess to government services, and the preva- to the congressional defense committees a accept policewomen, as they prefer male lence of violence against women. report on plans to implement efficiency ini- candidates and lack adequate facilities to (4) Maintaining and improving physical se- tiatives to reduce overhead costs at the curity for Afghan women and girls through- support females.’’ Space and Naval Warfare Systems Command out the country is critical in order for (D) ‘‘While women are greatly needed to (SPAWAR), including a detailed description women and girls to take advantage of oppor- support police operations, a combination of of the long-term impacts on current and tunities in education, commerce, politics, cultural impediments, weak recruitment, planned future mission requirements. and other areas of public life, which in turn and uneven application of policies hinder sig- (b) PROHIBITION ON ACCOUNT ADJUST- is essential for the future stability and pros- nificant progress.’’ MENTS.—The Secretary of the Navy may not (E) ‘‘Although stronger documentation, make adjustments in relation to Commander perity of Afghanistan. (5) Women who serve as public officials at implementation, and enforcement of poli- Navy Installations Command, Naval Warfare cies, procedures, and guidance to better inte- Systems Center Atlantic accounts until the all levels of the Government of Afghanistan face serious threats to their personal secu- grate women will help, time will be needed Secretary submits the report required under to change the cultural mores that form the subsection (a). rity and that of their families. Many female officials have been the victims of violent basis of many of the current impediments.’’ Mr. CASEY (for himself, crimes, but they are generally not afforded (11) The United States, the North Amer- SA 3088. ican Treaty Organization, and United States Mrs. HUTCHISON, Ms. MIKULSKI, Mrs. official protection by the Government of Af- ghanistan or security forces. coalition partners have made firm commit- FEINSTEIN, Mrs. GILLIBRAND, Ms. MUR- (6) Protecting the security and human ments to support the human rights of the KOWSKI, Ms. SNOWE, Mr. LAUTENBERG, rights of Afghan women and girls requires women and girls of Afghanistan, as evi- and Mr. CARDIN) submitted an amend- the involvement of Afghan men and boys denced by the following actions: ment intended to be proposed by him through education about the important ben- (A) According to the United States Na- to the bill S. 3254, to authorize appro- efits of women’s full participation in social, tional Action Plan on Women, Peace and Se- priations for fiscal year 2013 for mili- economic, and political life. Male officials curity, ‘‘integrating women and gender con- tary activities of the Department of and security personnel can play a particu- siderations into peace-building processes larly important role in supporting and pro- helps promote democratic governance and Defense, for military construction, and long-term stability,’’ which are key United for defense activities of the Depart- tecting women and girls. (7) The Chicago Summit Declaration issued States strategic goals in Afghanistan. ment of Energy, to prescribe military by NATO in May 2012 states: ‘‘As the Afghan (B) The National Action Plan also states personnel strengths for such fiscal National Police further develop and profes- that ‘‘the engagement and protection of year, and for other purposes; which was sionalize, they will evolve towards a sustain- women as agents of peace and stability will ordered to lie on the table; as follows: able, credible, and accountable civilian law be central to United States efforts to pro- At the end of subtitle D of title XII, add enforcement force that will shoulder the mote security, prevent, respond to, and re- the following: main responsibility for domestic security. solve conflict, and rebuild societies.’’ This SEC. 1246. STRATEGY FOR PROMOTING THE SE- This force should be capable of providing po- policy applies to United States Government CURITY OF AFGHAN WOMEN AND licing services to the Afghan population as efforts in Afghanistan, where addressing the GIRLS DURING THE SECURITY TRAN- part of the broader Afghan rule of law sys- security vulnerabilities of Afghan women SITION PROCESS. tem.’’ and girls during the period of security tran- (a) FINDINGS.—Congress makes the fol- (8) Women face significant barriers to full sition is an essential step toward long-term lowing findings: participation in the ANA and ANP, including stability. (1) According to the Department of De- a discriminatory or hostile work environ- (C) The Chicago Summit Declaration fense’s April 2012 Report on Progress Toward ment and the lack of separate facilities de- issued by NATO in May 2012 states: ‘‘We em- Security and Stability in Afghanistan: signed for female personnel. phasize the importance of full participation

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00092 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.002 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15703 of all Afghan women in the reconstruction, leagues and members of the community; as- TITLE XVIII—FIRE GRANTS political, peace and reconciliation processes sessing the quality and consistency of this REAUTHORIZATION in Afghanistan and the need to respect the training across regional commands; and as- SEC. 1801. SHORT TITLE. institutional arrangements protecting their sessing the impact of this training on trainee This title may be cited as the ‘‘Fire Grants rights. We remain committed to the imple- behavior. Reauthorization Act of 2012’’. mentation of United Nations Security Coun- (ii) Working with national and local ANA SEC. 1802. AMENDMENTS TO DEFINITIONS. cil Resolution (UNSCR) 1325 on women, and ANP leaders to develop and utilize en- (a) IN GENERAL.—Section 4 of the Federal peace and security. We recognize also the forcement and accountability mechanisms Fire Prevention and Control Act of 1974 (15 need for the protection of children from the for ANA and ANP personnel who violate U.S.C. 2203) is amended— damaging effects of armed conflict as re- codes of conduct related to the human rights (1) in paragraph (3), by inserting ‘‘, except quired in relevant UNSCRs.’’ of women and girls. as otherwise provided,’’ after ‘‘means’’; (12) The Strategic Partnership Agreement (iii) Working with Afghan and coalition (2) in paragraph (4), by striking ‘‘ ‘Director’ signed between the United States and Af- partners to implement the above tools and means’’ and all that follows through ‘‘Agen- ghanistan by President Obama and President develop uniform methods and standards for cy;’’ and inserting ‘‘ ‘Administrator of Karzai in June 2012 states, ‘‘Consistent with training and enforcement among coalition FEMA’ means the Administrator of the Fed- its Constitution and international obliga- partners and across regions. eral Emergency Management Agency;’’; tions, Afghanistan shall ensure and advance (C) A strategy to increase the number of (3) in paragraph (5)— the essential role of women in society, so female members of the ANA and ANP, in- (A) by inserting ‘‘Indian tribe,’’ after that they may fully enjoy their economic, cluding the following actions: ‘‘county,’’; and social, political, civil and cultural rights.’’ (i) Providing, through consultation with (B) by striking ‘‘and ‘firecontrol’ ’’ and in- (b) STRATEGY TO PROMOTE SECURITY OF AF- Afghan partners, realistic and achievable ob- serting ‘‘and ‘fire control’ ’’; GHAN WOMEN.— jectives for the recruitment and retention of (4) by redesignating paragraphs (6) through (1) IN GENERAL.—Not later than 60 days women to the ANA and ANP by the end of (9) as paragraphs (7) through (10), respec- after the date of the enactment of this Act, the security transition period in 2014. tively; the Secretary of Defense, in concurrence (ii) Working with national and local ANA (5) by inserting after paragraph (5), the fol- with the Secretary of State, shall submit to and ANP leaders and coalition partners to lowing: the appropriate congressional committees a address physical and cultural challenges to ‘‘(6) ‘Indian tribe’ has the meaning given strategy to be implemented by the Depart- the recruitment and retention of female that term in section 4 of the Indian Self-De- ment of Defense, working with the NATO ANA and ANP personnel, including through termination and Education Assistance Act Training Mission Afghanistan (NTM-A) and targeted recruitment campaigns, expanded (25 U.S.C. 450b) and ‘tribal’ means of or per- Afghan partners, to promote the security of training and mentorship opportunities, par- taining to an Indian tribe;’’; Afghan women during the security transi- ity in pay and promotion rates with male (6) by redesignating paragraphs (9) and (10), tion process. counterparts, and availability of facilities as redesignated by paragraph (4), as para- (2) ELEMENTS.—The strategy required for female personnel. graphs (10) and (11); under paragraph (1) shall include the fol- (iii) Working with national and local ANA (7) by inserting after paragraph (8), as re- lowing elements: and ANP leaders to increase understanding designated by paragraph (4), the following: (A) A strategy to monitor and respond to about the unique ways in which women ‘‘(9) ‘Secretary’ means, except as otherwise changes in women’s security conditions in members of the security forces improve the provided, the Secretary of Homeland Secu- areas undergoing transition, including the force’s overall effectiveness. rity;’’; and following actions: (iv) Working with national and local ANA (8) by amending paragraph (10), as redesig- (i) Seeking to designate a Civilian Impact and ANP leaders to develop a plan for main- nated by paragraph (6), to read as follows: Advisor on the Joint Afghan-NATO Inteqal taining and increasing the recruitment and ‘‘(10) ‘State’ has the meaning given the Board (JANIB) to assess the impact of tran- retention of women in the ANA and ANP fol- term in section 2 of the Homeland Security sition on male and female civilians and en- lowing the completion of the security transi- Act of 2002 (6 U.S.C. 101).’’. sure that efforts to protect women’s rights tion. (b) CONFORMING AMENDMENTS.— and security are included in each area’s tran- (3) REPORT.—The Secretary of Defense (1) ADMINISTRATOR OF FEMA.—The Federal sition implementation plan. shall include in each report on progress to- Fire Prevention and Control Act of 1974 (15 (ii) Reviewing existing indicators against ward security and stability in Afghanistan U.S.C. 2201 et seq.) is amended by striking which sex-disaggregated data is collected that is submitted to Congress under sections ‘‘Director’’ each place it appears and insert- and, if necessary, developing additional indi- 1230 and 1231 of the National Defense Author- ing ‘‘Administrator of FEMA’’. cators, to ensure the availability of data ization Act for Fiscal Year 2008 (Public Law (2) ADMINISTRATOR OF FEMA’S AWARD.—Sec- that can be used to measure women’s secu- 110–181; 122 Stat. 385, 390) a section describing tion 15 of such Act (15 U.S.C. 2214) is amend- rity, such as— actions taken to implement the strategy re- ed by striking ‘‘Director’s Award’’ each place (I) the mobility of women and girls; quired under this subsection. (II) the participation of women in local it appears and inserting ‘‘Administrator’s (c) APPROPRIATE CONGRESSIONAL COMMIT- government bodies; Award’’. (III) the rate of school attendance for girls; TEES DEFINED.—In this section, the term SEC. 1803. ASSISTANCE TO FIREFIGHTERS (IV) women’s access to government serv- ‘‘appropriate congressional committees’’ GRANTS. ices; and means— Section 33 of the Federal Fire Prevention (V) the prevalence of violence against (1) the Committee on Armed Services and and Control Act of 1974 (15 U.S.C. 2229) is women; and incorporating those indicators the Committee on Foreign Relations of the amended to read as follows: into ongoing efforts to assess overall secu- Senate; and ‘‘SEC. 33. FIREFIGHTER ASSISTANCE. rity conditions during the transition period. (2) the Committee on Armed Services and ‘‘(a) DEFINITIONS.—In this section: (iii) Integrating assessments of women’s the Committee on Foreign Affairs of the ‘‘(1) ADMINISTRATOR OF FEMA.—The term security into current procedures used to de- House of Representatives. ‘Administrator of FEMA’ means the Admin- termine an area’s readiness to proceed istrator of FEMA, acting through the Ad- through the transition process. ministrator. (iv) Working with Afghan partners, coali- SA 3089. Mr. LIEBERMAN (for him- ‘‘(2) AVAILABLE GRANT FUNDS.—The term tion partners, and relevant United States self, Ms. COLLINS, Mr. CARPER, and Mr. ‘available grant funds’, with respect to a fis- Government departments and agencies to BROWN of Massachusetts) submitted an cal year, means those funds appropriated take concrete action to support women’s amendment intended to be proposed by pursuant to the authorization of appropria- rights and security in cases of deterioration tions in subsection (q)(1) for such fiscal year in women’s security conditions during the him to the bill S. 3254, to authorize ap- less any funds used for administrative costs transition period. propriations for fiscal year 2013 for pursuant to subsection (q)(2) in such fiscal (B) A strategy to increase gender aware- military activities of the Department year. ness and responsiveness among Afghan Na- of Defense, for military construction, ‘‘(3) CAREER FIRE DEPARTMENT.—The term tional Army and Afghan National Police per- and for defense activities of the De- ‘career fire department’ means a fire depart- sonnel, including the following actions: ment that has an all-paid force of fire- (i) Working with Afghan and coalition partment of Energy, to prescribe mili- fighting personnel other than paid-on-call partners to utilize training curricula and tary personnel strengths for such fiscal firefighters. programming that addresses the human year, and for other purposes; which was ‘‘(4) COMBINATION FIRE DEPARTMENT.—The rights of women and girls, appropriate re- ordered to lie on the table; as follows: term ‘combination fire department’ means a sponses to threats against women and girls, fire department that has— and appropriate behavior toward female col- At the end of division A, add the following: ‘‘(A) paid firefighting personnel; and

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00093 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.002 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15704 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 28, 2012 ‘‘(B) volunteer firefighting personnel. amount of the grant awarded to such recipi- ‘‘(L) To provide incentives for the recruit- ‘‘(5) FIREFIGHTING PERSONNEL.—The term ent shall not exceed $6,000,000 for any fiscal ment and retention of volunteer firefighting ‘firefighting personnel’ means individuals, year. personnel for volunteer firefighting depart- including volunteers, who are firefighters, ‘‘(v) In the case of a recipient that serves ments and other firefighting departments officers of fire departments, or emergency a jurisdiction with more than 2,500,000 peo- that utilize volunteers. medical service personnel of fire depart- ple, the amount of the grant awarded to such ‘‘(M) To support such other activities, con- ments. recipient shall not exceed $9,000,000 in any sistent with the purposes of this subsection, ‘‘(6) INSTITUTION OF HIGHER EDUCATION.— fiscal year. as the Administrator of FEMA determines The term ‘institution of higher education’ ‘‘(B) AGGREGATE.— appropriate. has the meaning given such term in section ‘‘(i) IN GENERAL.—Notwithstanding sub- ‘‘(d) FIRE PREVENTION AND SAFETY 101 of the Higher Education Act of 1965 (20 paragraphs (A) and (B) and except as pro- GRANTS.— U.S.C. 1001). vided under clause (ii), the Administrator of ‘‘(1) IN GENERAL.—For the purpose of as- ‘‘(7) NONAFFILIATED EMS ORGANIZATION.— FEMA may not award a grant under this sisting fire prevention programs and sup- The term ‘nonaffiliated EMS organization’ subsection in a fiscal year in an amount that porting firefighter health and safety re- means a public or private nonprofit emer- exceeds the amount that is one percent of search and development, the Administrator gency medical services organization that is the available grant funds in such fiscal year. of FEMA may, on a competitive basis— not affiliated with a hospital and does not ‘‘(ii) EXCEPTION.—The Administrator of ‘‘(A) award grants to fire departments; serve a geographic area in which the Admin- FEMA may waive the limitation in clause (i) ‘‘(B) award grants to, or enter into con- istrator of FEMA finds that emergency med- with respect to a grant recipient if the Ad- tracts or cooperative agreements with, na- ical services are adequately provided by a ministrator of FEMA determines that such tional, State, local, tribal, or nonprofit orga- fire department. recipient has an extraordinary need for a nizations that are not fire departments and ‘‘(8) PAID-ON-CALL.—The term ‘paid-on-call’ grant in an amount that exceeds the limit that are recognized for their experience and with respect to firefighting personnel means under clause (i). expertise with respect to fire prevention or firefighting personnel who are paid a stipend ‘‘(3) USE OF GRANT FUNDS.—Each entity re- fire safety programs and activities and fire- for each event to which they respond. ceiving a grant under this subsection shall fighter research and development programs, ‘‘(9) VOLUNTEER FIRE DEPARTMENT.—The use the grant for one or more of the fol- for the purpose of carrying out— term ‘volunteer fire department’ means a lowing purposes: ‘‘(i) fire prevention programs; and fire department that has an all-volunteer ‘‘(A) To train firefighting personnel in— ‘‘(ii) research to improve firefighter health force of firefighting personnel. ‘‘(i) firefighting; and life safety; and ‘‘(b) ASSISTANCE PROGRAM.— ‘‘(ii) emergency medical services and other ‘‘(C) award grants to institutions of higher emergency response (including response to ‘‘(1) AUTHORITY.—In accordance with this education, national fire service organiza- section, the Administrator of FEMA may natural disasters, acts of terrorism, and tions, or national fire safety organizations to award— other man-made disasters); establish and operate fire safety research ‘‘(A) assistance to firefighters grants under ‘‘(iii) arson prevention and detection; centers. ‘‘(iv) maritime firefighting; or subsection (c); and ‘‘(2) MAXIMUM GRANT AMOUNT.—A grant ‘‘(B) fire prevention and safety grants and ‘‘(v) the handling of hazardous materials. awarded under this subsection may not ex- ‘‘(B) To train firefighting personnel to pro- other assistance under subsection (d). ceed $1,500,000 for a fiscal year. vide any of the training described under sub- ‘‘(2) ADMINISTRATIVE ASSISTANCE.—The Ad- ‘‘(3) USE OF GRANT FUNDS.—Each entity re- paragraph (A). ministrator of FEMA shall— ceiving a grant under this subsection shall ‘‘(C) To fund the creation of rapid interven- ‘‘(A) establish specific criteria for the se- use the grant for one or more of the fol- tion teams to protect firefighting personnel lection of grant recipients under this sec- lowing purposes: at the scenes of fires and other emergencies. tion; and ‘‘(A) To enforce fire codes and promote ‘‘(D) To certify— ‘‘(B) provide assistance with application compliance with fire safety standards. ‘‘(i) fire inspectors; and preparation to applicants for such grants. ‘‘(B) To fund fire prevention programs, in- ‘‘(ii) building inspectors— ‘‘(c) ASSISTANCE TO FIREFIGHTERS cluding programs that educate the public ‘‘(I) whose responsibilities include fire GRANTS.— safety inspections; and about arson prevention and detection. ‘‘(1) IN GENERAL.—The Administrator of ‘‘(II) who are employed by or serving as ‘‘(C) To fund wildland fire prevention pro- FEMA may, in consultation with the chief volunteers with a fire department. grams, including education, awareness, and executives of the States in which the recipi- ‘‘(E) To establish wellness and fitness pro- mitigation programs that protect lives, prop- ents are located, award grants on a competi- grams for firefighting personnel to ensure erty, and natural resources from fire in the tive basis directly to— that the firefighting personnel are able to wildland-urban interface. ‘‘(A) fire departments, for the purpose of carry out their duties as firefighters, includ- ‘‘(D) In the case of a grant awarded under protecting the health and safety of the pub- ing programs dedicated to raising awareness paragraph (1)(C), to fund the establishment lic and firefighting personnel throughout the of, and prevention of, job-related mental or operation of a fire safety research center United States against fire, fire-related, and health issues. for the purpose of significantly reducing the other hazards; ‘‘(F) To fund emergency medical services number of fire-related deaths and injuries ‘‘(B) nonaffiliated EMS organizations to provided by fire departments and non- among firefighters and the general public support the provision of emergency medical affiliated EMS organizations. through research, development, and tech- services; and ‘‘(G) To acquire additional firefighting ve- nology transfer activities. ‘‘(C) State fire training academies for the hicles, including fire trucks and other appa- ‘‘(E) To support such other activities, con- purposes described in subparagraphs (G), (H), ratus. sistent with the purposes of this subsection, and (I) of paragraph (3). ‘‘(H) To acquire additional firefighting as the Administrator of FEMA determines ‘‘(2) MAXIMUM GRANT AMOUNTS.— equipment, including equipment for— appropriate. ‘‘(A) POPULATION.—The Administrator of ‘‘(i) fighting fires with foam in remote ‘‘(4) LIMITATION.—None of the funds made FEMA may not award a grant under this areas without access to water; and available under this subsection may be pro- subsection in excess of amounts as follows: ‘‘(ii) communications, monitoring, and re- vided to the Association of Community Orga- ‘‘(i) In the case of a recipient that serves a sponse to a natural disaster, act of ter- nizations for Reform Now (ACORN) or any of jurisdiction with 100,000 people or fewer, the rorism, or other man-made disaster, includ- its affiliates, subsidiaries, or allied organiza- amount of the grant awarded to such recipi- ing the use of a weapon of mass destruction. tions. ent shall not exceed $1,000,000 in any fiscal ‘‘(I) To acquire personal protective equip- ‘‘(e) APPLICATIONS FOR GRANTS.— year. ment, including personal protective equip- ‘‘(1) IN GENERAL.—An entity seeking a ‘‘(ii) In the case of a recipient that serves ment— grant under this section shall submit to the a jurisdiction with more than 100,000 people ‘‘(i) prescribed for firefighting personnel by Administrator of FEMA an application but not more than 500,000 people, the amount the Occupational Safety and Health Admin- therefor in such form and in such manner as of the grant awarded to such recipient shall istration of the Department of Labor; or the Administrator of FEMA determines ap- not exceed $2,000,000 in any fiscal year. ‘‘(ii) for responding to a natural disaster or propriate. ‘‘(iii) In the case of a recipient that serves act of terrorism or other man-made disaster, ‘‘(2) ELEMENTS.—Each application sub- a jurisdiction with more than 500,000 but not including the use of a weapon of mass de- mitted under paragraph (1) shall include the more than 1,000,000 people, the amount of the struction. following: grant awarded to such recipient shall not ex- ‘‘(J) To modify fire stations, fire training ‘‘(A) A description of the financial need of ceed $3,000,000 in any fiscal year. facilities, and other facilities to protect the the applicant for the grant. ‘‘(iv) In the case of a recipient that serves health and safety of firefighting personnel. ‘‘(B) An analysis of the costs and benefits, a jurisdiction with more than 1,000,000 people ‘‘(K) To educate the public about arson with respect to public safety, of the use for but not more than 2,500,000 people, the prevention and detection. which a grant is requested.

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00094 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.002 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15705 ‘‘(C) An agreement to provide information ‘‘(5) not less than 10 percent are awarded plicant for a grant that consists of a partner- to the national fire incident reporting sys- under subsection (d); and ship between— tem for the period covered by the grant. ‘‘(6) not more than 2 percent are awarded ‘‘(I) a national fire service organization or ‘‘(D) A list of other sources of funding re- under this section to nonaffiliated EMS or- a national fire safety organization; and ceived by the applicant— ganizations described in subsection (c)(1)(B). ‘‘(II) an institution of higher education, in- ‘‘(i) for the same purpose for which the ap- ‘‘(i) ADDITIONAL REQUIREMENTS AND LIMITA- cluding a minority-serving institution (as plication for a grant under this section was TIONS.— described in section 371(a) of the Higher Edu- submitted; or ‘‘(1) FUNDING FOR EMERGENCY MEDICAL cation Act of 1965 (20 U.S.C. 1067q(a))); and ‘‘(ii) from the Federal Government for SERVICES.—Not less than 3.5 percent of the ‘‘(iii) consider the research needs identified other fire-related purposes. available grant funds for a fiscal year shall and prioritized through the workshop re- ‘‘(E) Such other information as the Admin- be awarded under this section for purposes quired by subparagraph (B)(i). istrator of FEMA determines appropriate. described in subsection (c)(3)(F). ‘‘(B) RESEARCH NEEDS.— ‘‘(3) JOINT OR REGIONAL APPLICATIONS.— ‘‘(2) STATE FIRE TRAINING ACADEMIES.— ‘‘(i) IN GENERAL.—Not later than 90 days ‘‘(A) IN GENERAL.—Two or more entities ‘‘(A) MAXIMUM SHARE.—Not more than 3 after the date of the enactment of the Fire may submit an application under paragraph percent of the available grant funds for a fis- Grants Reauthorization Act of 2012, the Ad- (1) for a grant under this section to fund a cal year may be awarded under subsection ministrator of FEMA shall convene a work- joint program or initiative, including acqui- (c)(1)(C). shop of the fire safety research community, sition of shared equipment or vehicles. ‘‘(B) MAXIMUM GRANT AMOUNT.—The Ad- fire service organizations, and other appro- ‘‘(B) NONEXCLUSIVITY.—Applications under ministrator of FEMA may not award a grant priate stakeholders to identify and prioritize this paragraph may be submitted instead of under subsection (c)(1)(C) to a State fire fire safety research needs. or in addition to any other application sub- training academy in an amount that exceeds ‘‘(ii) PUBLICATION.—The Administrator of mitted under paragraph (1). $1,000,000 in any fiscal year. FEMA shall ensure that the results of the ‘‘(C) GUIDANCE.—The Administrator of ‘‘(3) AMOUNTS FOR PURCHASING FIRE- workshop are made available to the public. FIGHTING VEHICLES.—Not more than 25 per- FEMA shall— ‘‘(C) LIMITATIONS ON GRANTS FOR FIRE SAFE- cent of the available grant funds for a fiscal ‘‘(i) publish guidance on applying for and TY RESEARCH CENTERS.— year may be used to assist grant recipients administering grants awarded for joint pro- ‘‘(i) IN GENERAL.—The Administrator of grams and initiatives described in subpara- to purchase vehicles pursuant to subsection FEMA may award grants under subsection graph (A); and (c)(3)(G). (d) to establish not more than 3 fire safety ‘‘(j) FURTHER CONSIDERATIONS.— ‘‘(ii) encourage applicants to apply for research centers. ‘‘(1) ASSISTANCE TO FIREFIGHTERS GRANTS grants for joint programs and initiatives de- ‘‘(ii) RECIPIENTS.—An institution of higher scribed in subparagraph (A) as the Adminis- TO FIRE DEPARTMENTS.—In considering appli- cations for grants under subsection (c)(1)(A), education, a national fire service organiza- trator of FEMA determines appropriate to tion, and a national fire safety organization achieve greater cost effectiveness and re- the Administrator of FEMA shall consider— ‘‘(A) the extent to which the grant would may not directly receive a grant under sub- gional efficiency. section (d) for a fiscal year for more than 1 ‘‘(f) PEER REVIEW OF GRANT APPLICA- enhance the daily operations of the applicant fire safety research center. TIONS.— and the impact of such a grant on the protec- ‘‘(5) AVOIDING DUPLICATION.—The Adminis- ‘‘(1) IN GENERAL.—The Administrator of tion of lives and property; and trator of FEMA shall review lists submitted FEMA shall, after consultation with na- ‘‘(B) a broad range of factors important to tional fire service and emergency medical the applicant’s ability to respond to fires and by applicants pursuant to subsection services organizations, appoint fire service related hazards, such as the following: (e)(2)(D) and take such actions as the Admin- personnel to conduct peer reviews of applica- ‘‘(i) Population served. istrator of FEMA considers necessary to pre- tions received under subsection (e)(1). ‘‘(ii) Geographic response area. vent unnecessary duplication of grant awards. ‘‘(2) APPLICABILITY OF FEDERAL ADVISORY ‘‘(iii) Hazards vulnerability. ATCHING AND AINTENANCE OF X COMMITTEE ACT.—The Federal Advisory Com- ‘‘(iv) Call volume. ‘‘(k) M M E - mittee Act (5 U.S.C. App.) shall not apply to ‘‘(v) Financial situation, including unem- PENDITURE REQUIREMENTS.— activities carried out pursuant to this sub- ployment rate of the area being served. ‘‘(1) MATCHING REQUIREMENT FOR ASSIST- section. ‘‘(vi) Need for training or equipment. ANCE TO FIREFIGHTERS GRANTS.— ‘‘(g) PRIORITIZATION OF GRANT AWARDS.—In ‘‘(2) APPLICATIONS FROM NONAFFILIATED EMS ‘‘(A) IN GENERAL.—Except as provided in awarding grants under this section, the Ad- ORGANIZATIONS.—In the case of an applica- subparagraph (B), an applicant seeking a ministrator of FEMA shall consider the fol- tion submitted under subsection (e)(1) by a grant to carry out an activity under sub- lowing: nonaffiliated EMS organization, the Admin- section (c) shall agree to make available ‘‘(1) The findings and recommendations of istrator of FEMA shall consider the extent non-Federal funds to carry out such activity the peer reviews carried out under sub- to which other sources of Federal funding in an amount equal to not less than 15 per- section (f). are available to the applicant to provide the cent of the grant awarded to such applicant ‘‘(2) The degree to which an award will re- assistance requested in such application. under such subsection. duce deaths, injuries, and property damage ‘‘(3) AWARDING FIRE PREVENTION AND SAFE- ‘‘(B) EXCEPTION FOR ENTITIES SERVING by reducing the risks associated with fire-re- TY GRANTS TO CERTAIN ORGANIZATIONS THAT SMALL COMMUNITIES.—In the case that an ap- lated and other hazards. ARE NOT FIRE DEPARTMENTS.—In the case of plicant seeking a grant to carry out an ac- ‘‘(3) The extent of the need of an applicant applicants for grants under this section who tivity under subsection (c) serves a jurisdic- for a grant under this section and the need to are described in subsection (d)(1)(B), the Ad- tion of— protect the United States as a whole. ministrator of FEMA shall give priority to ‘‘(i) more than 20,000 residents but not ‘‘(4) The number of calls requesting or re- applicants who focus on— more than 1,000,000 residents, the application quiring a fire fighting or emergency medical ‘‘(A) prevention of injuries to high risk shall agree to make available non-Federal response received by an applicant. groups from fire; and funds in an amount equal to not less than 10 ‘‘(h) ALLOCATION OF GRANT AWARDS.—In ‘‘(B) research programs that demonstrate a percent of the grant awarded to such appli- awarding grants under this section, the Ad- potential to improve firefighter safety. cant under such subsection; and ministrator of FEMA shall ensure that of the ‘‘(4) AWARDING GRANTS FOR FIRE SAFETY RE- ‘‘(ii) 20,000 residents or fewer, the applicant available grant funds in each fiscal year— SEARCH CENTERS.— shall agree to make available non-Federal ‘‘(1) not less than 25 percent are awarded ‘‘(A) CONSIDERATIONS.—In awarding grants funds in an amount equal to not less than 5 under subsection (c) to career fire depart- under subsection (d)(1)(C), the Administrator percent of the grant awarded to such appli- ments; of FEMA shall— cant under such subsection. ‘‘(2) not less than 25 percent are awarded ‘‘(i) select each grant recipient on— ‘‘(2) MATCHING REQUIREMENT FOR FIRE PRE- under subsection (c) to volunteer fire depart- ‘‘(I) the demonstrated research and exten- VENTION AND SAFETY GRANTS.— ments; sion resources available to the recipient to ‘‘(A) IN GENERAL.—An applicant seeking a ‘‘(3) not less than 25 percent are awarded carry out the research, development, and grant to carry out an activity under sub- under subsection (c) to combination fire de- technology transfer activities; section (d) shall agree to make available partments and fire departments using paid- ‘‘(II) the capability of the recipient to pro- non-Federal funds to carry out such activity on-call firefighting personnel; vide leadership in making national contribu- in an amount equal to not less than 5 percent ‘‘(4) not less than 10 percent are available tions to fire safety; of the grant awarded to such applicant under for open competition among career fire de- ‘‘(III) the recipient’s ability to disseminate such subsection. partments, volunteer fire departments, com- the results of fire safety research; and ‘‘(B) MEANS OF MATCHING.—An applicant bination fire departments, and fire depart- ‘‘(IV) the strategic plan the recipient pro- for a grant under subsection (d) may meet ments using paid-on-call firefighting per- poses to carry out under the grant; the matching requirement under subpara- sonnel for grants awarded under subsection ‘‘(ii) give special consideration in selecting graph (A) through direct funding, funding of (c); recipients under subparagraph (A) to an ap- complementary activities, or the provision

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of staff, facilities, services, material, or ‘‘(B) QUALIFIED MEMBERS.—For purposes of Technology of the House of Representatives equipment. this paragraph, a qualified member of an or- a report that provides— ‘‘(3) MAINTENANCE OF EXPENDITURES.—An ganization is a member who— ‘‘(i) information on the performance as- applicant seeking a grant under subsection ‘‘(i) is recognized for expertise in fire- sessment system developed under paragraph (c) or (d) shall agree to maintain during the fighting or emergency medical services; (2); and term of the grant the applicant’s aggregate ‘‘(ii) is not an employee of the Federal ‘‘(ii) using the performance metrics devel- expenditures relating to the uses described Government; and oped under such paragraph, an evaluation of in subsections (c)(3) and (d)(3) at not less ‘‘(iii) in the case of a member of an emer- the effectiveness of the grants awarded under than 80 percent of the average amount of gency medical service organization, is a this section. such expenditures in the 2 fiscal years pre- member of an organization that represents— ‘‘(B) ADDITIONAL INFORMATION.—The report ceding the fiscal year in which the grant ‘‘(I) providers of emergency medical serv- due under subparagraph (A) on September 30, amounts are received. ices that are affiliated with fire depart- 2016, shall also include recommendations for ‘‘(4) WAIVER.— ments; or legislative changes to improve grants under ‘‘(A) IN GENERAL.—Except as provided in ‘‘(II) nonaffiliated EMS providers. this section. subparagraph (C)(ii), the Administrator of ‘‘(3) APPLICABILITY OF FEDERAL ADVISORY ‘‘(q) AUTHORIZATION OF APPROPRIATIONS.— FEMA may waive or reduce the require- COMMITTEE ACT.—The Federal Advisory Com- ‘‘(1) IN GENERAL.—There is authorized to be ments of paragraphs (1), (2), and (3) in cases mittee Act (5 U.S.C. App.) shall not apply to appropriated to carry out this section— of demonstrated economic hardship. activities carried out under this subsection. ‘‘(A) $750,000,000 for fiscal year 2013; and ‘‘(B) GUIDELINES.— ‘‘(m) ACCOUNTING DETERMINATION.—Not- ‘‘(B) for each of fiscal years 2014 through ‘‘(i) IN GENERAL.—The Administrator of withstanding any other provision of law, for 2017, an amount equal to the amount author- FEMA shall establish and publish guidelines purposes of this section, equipment costs ized for the previous fiscal year increased by for determining what constitutes economic shall include all costs attributable to any de- the percentage by which— hardship for purposes of this paragraph. sign, purchase of components, assembly, ‘‘(i) the Consumer Price Index (all items, ‘‘(ii) CONSULTATION.—In developing guide- manufacture, and transportation of equip- United States city average) for the previous lines under clause (i), the Administrator of ment not otherwise commercially available. fiscal year, exceeds FEMA shall consult with individuals who ‘‘(n) ELIGIBLE GRANTEE ON BEHALF OF ‘‘(ii) the Consumer Price Index for the fis- are— ALASKA NATIVE VILLAGES.—The Alaska Vil- cal year preceding the fiscal year described ‘‘(I) recognized for expertise in firefighting, lage Initiatives, a non-profit organization in- in clause (i). emergency medical services provided by fire corporated in the State of Alaska, shall be ‘‘(2) ADMINISTRATIVE EXPENSES.—Of the services, or the economic affairs of State and eligible to apply for and receive a grant or amounts appropriated pursuant to paragraph local governments; and other assistance under this section on behalf (1) for a fiscal year, the Administrator of ‘‘(II) members of national fire service orga- of Alaska Native villages. FEMA may use not more than 5 percent of nizations or national organizations rep- ‘‘(o) TRAINING STANDARDS.—If an applicant such amounts for salaries and expenses and resenting the interests of State and local for a grant under this section is applying for other administrative costs incurred by the governments. such grant to purchase training that does Administrator of FEMA in the course of ONSIDERATIONS.—In developing ‘‘(iii) C not meet or exceed any applicable national awarding grants and providing assistance guidelines under clause (i), the Adminis- voluntary consensus standards, including under this section. trator of FEMA shall consider, with respect those developed under section 647 of the ‘‘(3) CONGRESSIONALLY DIRECTED SPEND- to relevant communities, the following: Post-Katrina Emergency Management Re- ING.—Consistent with the requirements in ‘‘(I) Changes in rates of unemployment form Act of 2006 (6 U.S.C. 747), the applicant subsections (c)(1) and (d)(1) that grants under from previous years. shall submit to the Administrator of FEMA those subsections be awarded on a competi- ‘‘(II) Whether the rates of unemployment an explanation of the reasons that the train- tive basis, none of the funds appropriated of the relevant communities are currently ing proposed to be purchased will serve the pursuant to this subsection may be used for and have consistently exceeded the annual needs of the applicant better than training any congressionally directed spending item national average rates of unemployment. (as defined under the rules of the Senate and ‘‘(III) Changes in percentages of individ- that meets or exceeds such standards. the House of Representatives). uals eligible to receive food stamps from pre- ‘‘(p) ENSURING EFFECTIVE USE OF GRANTS.— ‘‘(r) SUNSET OF AUTHORITIES.—The author- vious years. ‘‘(1) AUDITS.—The Administrator of FEMA ity to award assistance and grants under this ‘‘(IV) Such other factors as the Adminis- may audit a recipient of a grant awarded section shall expire on the date that is 10 trator of FEMA considers appropriate. under this section to ensure that— ‘‘(A) the grant amounts are expended for years after the date of the enactment of the ‘‘(C) CERTAIN APPLICANTS FOR FIRE PREVEN- Fire Grants Reauthorization Act of 2012.’’. TION AND SAFETY GRANTS.—The authority the intended purposes; and under subparagraph (A) shall not apply with ‘‘(B) the grant recipient complies with the SEC. 1804. STAFFING FOR ADEQUATE FIRE AND respect to a nonprofit organization that— requirements of subsection (k). EMERGENCY RESPONSE. ‘‘(i) is described in subsection (d)(1)(B); and ‘‘(2) PERFORMANCE ASSESSMENT.— (a) IMPROVEMENTS TO HIRING GRANTS.— ‘‘(ii) is not a fire department or emergency ‘‘(A) IN GENERAL.—The Administrator of (1) TERM OF GRANTS.—Subparagraph (B) of medical services organization. FEMA shall develop and implement a per- section 34(a)(1) of the Federal Fire Preven- ‘‘(l) GRANT GUIDELINES.— formance assessment system, including tion and Control Act of 1974 (15 U.S.C. ‘‘(1) GUIDELINES.—For each fiscal year, quantifiable performance metrics, to evalu- 2229a(a)(1)) is amended to read as follows: prior to awarding any grants under this sec- ate the extent to which grants awarded ‘‘(B) Grants made under this paragraph tion, the Administrator of FEMA shall pub- under this section are furthering the pur- shall be for 3 years and be used for programs lish in the Federal Register— poses of this section, including protecting to hire new, additional firefighters.’’. ‘‘(A) guidelines that describe— the health and safety of the public and fire- (2) LIMITATION OF PORTION OF COSTS OF HIR- ‘‘(i) the process for applying for grants fighting personnel against fire and fire-re- ING FIREFIGHTERS.—Subparagraph (E) of such under this section; and lated hazards. section is amended to read as follows: ‘‘(ii) the criteria that will be used for se- ‘‘(B) CONSULTATION.—The Administrator of ‘‘(E) The portion of the costs of hiring fire- lecting grant recipients; and FEMA shall consult with fire service rep- fighters provided by a grant under this para- ‘‘(B) an explanation of any differences be- resentatives and with the Comptroller Gen- graph may not exceed— tween such guidelines and the recommenda- eral of the United States in developing the ‘‘(i) 75 percent in the first year of the tions obtained under paragraph (2). assessment system required by subparagraph grant; ‘‘(2) ANNUAL MEETING TO OBTAIN REC- (A). ‘‘(ii) 75 percent in the second year of the OMMENDATIONS.— ‘‘(3) ANNUAL REPORTS TO ADMINISTRATOR OF grant; and ‘‘(A) IN GENERAL.—For each fiscal year, the FEMA.—Not less frequently than once each ‘‘(iii) 35 percent in the third year of the Administrator of FEMA shall convene a year during the term of a grant awarded grant.’’. meeting of qualified members of national under this section, the recipient of the grant (b) CLARIFICATION REGARDING ELIGIBLE EN- fire service organizations and, at the discre- shall submit to the Administrator of FEMA TITIES FOR RECRUITMENT AND RETENTION tion of the Administrator of FEMA, qualified an annual report describing how the recipi- GRANTS.—The second sentence of section members of emergency medical service orga- ent used the grant amounts. 34(a)(2) of such Act (15 U.S.C. 2229a(a)(2)) is nizations to obtain recommendations regard- ‘‘(4) ANNUAL REPORTS TO CONGRESS.— amended by striking ‘‘organizations on a ing the following: ‘‘(A) IN GENERAL.—Not later than Sep- local or statewide basis’’ and inserting ‘‘na- ‘‘(i) Criteria for the awarding of grants tember 30, 2013, and each year thereafter tional, State, local, or tribal organizations’’. under this section. through 2017, the Administrator of FEMA (c) MAXIMUM AMOUNT FOR HIRING A FIRE- ‘‘(ii) Administrative changes to the assist- shall submit to the Committee on Homeland FIGHTER.—Paragraph (4) of section 34(c) of ance program established under subsection Security and Governmental Affairs of the such Act (15 U.S.C. 2229a(c)) is amended to (b). Senate and the Committee on Science and read as follows:

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‘‘(4) The amount of funding provided under FEMA shall submit to the Committee on (3) CONGRESSIONALLY DIRECTED SPENDING.— this section to a recipient fire department Homeland Security and Governmental Af- Such subsection (j) is further amended by for hiring a firefighter in any fiscal year may fairs of the Senate and the Committee on adding at the end the following: not exceed— Science and Technology of the House of Rep- ‘‘(3) CONGRESSIONALLY DIRECTED SPEND- ‘‘(A) in the first year of the grant, 75 per- resentatives a report on’’. ING.—Consistent with the requirement in cent of the usual annual cost of a first-year (2) CONFORMING AMENDMENT.—The heading subsection (a) that grants under this section firefighter in that department at the time for subsection (f) of section 34 of such Act (15 be awarded on a competitive basis, none of the grant application was submitted; U.S.C. 2229a), as redesignated by subsection the funds appropriated pursuant to this sub- ‘‘(B) in the second year of the grant, 75 per- (d)(1) of this section, is amended by striking section may be used for any congressionally cent of the usual annual cost of a first-year ‘‘SUNSET AND REPORTS’’ and inserting ‘‘RE- direct spending item (as defined under the firefighter in that department at the time PORT’’. rules of the Senate and the House of Rep- the grant application was submitted; and (g) ADDITIONAL DEFINITIONS.— resentatives).’’. ‘‘(C) in the third year of the grant, 35 per- (1) IN GENERAL.—Subsection (i) of section (i) TECHNICAL AMENDMENT.—Section 34 of cent of the usual annual cost of a first-year 34 of such Act (15 U.S.C. 2229a), as redesig- such Act (15 U.S.C. 2229a) is amended by firefighter in that department at the time nated by subsection (d)(1) of this section, is striking ‘‘Administrator’’ each place it ap- the grant application was submitted.’’. amended— pears and inserting ‘‘Administrator of (d) WAIVERS.—Section 34 of such Act (15 (A) in the matter before paragraph (1), by FEMA’’. U.S.C. 2229a) is amended— striking ‘‘In this section, the term—’’ and in- (j) CLERICAL AMENDMENT.—Such section is (1) by redesignating subsections (d) serting ‘‘In this section:’’; further amended in the heading by striking through (i) as subsections (e) through (j), re- (B) in paragraph (1)— ‘‘EXPANSION OF PRE-SEPTEMBER 11, 2001, spectively; and (i) by inserting ‘‘The term’’ before ‘‘ ‘fire- FIRE GRANT PROGRAM’’ and inserting the (2) by inserting after subsection (c) the fol- fighter’ has’’; and following: ‘‘STAFFING FOR ADEQUATE lowing: (ii) by striking ‘‘; and’’ and inserting a pe- FIRE AND EMERGENCY RESPONSE’’. ‘‘(d) WAIVERS.— riod; (k) SUNSET OF AUTHORITY TO AWARD HIRING ‘‘(1) IN GENERAL.—In a case of dem- (C) by striking paragraph (2); and GRANTS.—Such section is further amended onstrated economic hardship, the Adminis- (D) by inserting at the end the following: by adding at the end the following: trator of FEMA may— ‘‘(2) The terms ‘Administrator of FEMA’, ‘‘(k) SUNSET OF AUTHORITIES.—The author- ‘‘(A) waive the requirements of subsection ‘career fire department’, ‘combination fire ity to award assistance and grants under this (c)(1); or department’, and ‘volunteer fire department’ section shall expire on the date that is 10 ‘‘(B) waive or reduce the requirements in have the meanings given such terms in sec- years after the date of the enactment of the subsection (a)(1)(E) or subsection (c)(2). tion 33(a).’’. Fire Grants Reauthorization Act of 2012.’’. ‘‘(2) GUIDELINES.— (2) CONFORMING AMENDMENT.—Section SEC. 1805. SENSE OF CONGRESS ON VALUE AND ‘‘(A) IN GENERAL.—The Administrator of 34(a)(1)(A) of such Act (15 U.S.C. FUNDING OF ASSISTANCE TO FIRE- FEMA shall establish and publish guidelines 2229a(a)(1)(A)) is amended by striking ‘‘ca- FIGHTERS AND STAFFING FOR ADE- for determining what constitutes economic reer, volunteer, and combination fire depart- QUATE FIRE AND EMERGENCY RE- hardship for purposes of paragraph (1). ments’’ and inserting ‘‘career fire depart- SPONSE PROGRAMS. ‘‘(B) CONSULTATION.—In developing guide- ments, combination fire departments, and It is the sense of Congress that— lines under subparagraph (A), the Adminis- volunteer fire departments’’. (1) the grants and assistance awarded trator of FEMA shall consult with individ- (h) AUTHORIZATION OF APPROPRIATIONS.— under sections 33 and 34 of the Federal Fire uals who are— (1) IN GENERAL.—Subsection (j) of section Prevention and Control Act of 1974 (15 U.S.C. ‘‘(i) recognized for expertise in firefighting, 34 of such Act (15 U.S.C. 2229a), as redesig- 2229 and 2229a) have proven equally valuable emergency medical services provided by fire nated by subsection (d)(1) of this section, is in protecting the health and safety of the services, or the economic affairs of State and amended— public and firefighting personnel throughout local governments; and (A) in paragraph (6), by striking ‘‘and’’ at the United States against fire and fire-re- ‘‘(ii) members of national fire service orga- the end; lated hazards; and nizations or national organizations rep- (B) in paragraph (7), by striking the period (2) providing parity in funding for the resenting the interests of State and local at the end and inserting ‘‘; and’’; and awarding of grants and assistance under both governments. (C) by adding at the end the following: such sections will ensure that the grant and ‘‘(C) CONSIDERATIONS.—In developing guide- ‘‘(8) $750,000,000 for fiscal year 2013; and assistance programs under such sections can lines under subparagraph (A), the Adminis- ‘‘(9) for each of fiscal years 2014 through continue to serve their complementary pur- trator of FEMA shall consider, with respect 2017, an amount equal to the amount author- poses. to relevant communities, the following: ized for the previous fiscal year increased by SEC. 1806. REPORT ON AMENDMENTS TO ASSIST- ‘‘(i) Changes in rates of unemployment the percentage by which— ANCE TO FIREFIGHTERS AND STAFF- from previous years. ‘‘(A) the Consumer Price Index (all items, ING FOR ADEQUATE FIRE AND ‘‘(ii) Whether the rates of unemployment United States city average) for the previous EMERGENCY RESPONSE PROGRAMS. of the relevant communities are currently fiscal year, exceeds (a) IN GENERAL.—Not later than September and have consistently exceeded the annual ‘‘(B) the Consumer Price Index for the fis- 30, 2016, the Comptroller General of the national average rates of unemployment. cal year preceding the fiscal year described United States shall submit to the Committee ‘‘(iii) Changes in percentages of individuals in subparagraph (A).’’. on Homeland Security and Governmental Af- eligible to receive food stamps from previous (2) ADMINISTRATIVE EXPENSES.—Such sub- fairs of the Senate and the Committee on years. section (j) is further amended— Science and Technology of the House of Rep- ‘‘(iv) Such other factors as the Adminis- (A) in paragraph (9), as added by paragraph resentatives a report on the effect of the trator of FEMA considers appropriate.’’. (1) of this subsection, by redesignating sub- amendments made by this title. (e) IMPROVEMENTS TO PERFORMANCE EVAL- paragraphs (A) and (B) as clauses (i) and (ii), (b) CONTENTS.—The report required by sub- UATION REQUIREMENTS.—Subsection (e) of respectively, and moving the left margin of section (a) shall include the following: section 34 of such Act (15 U.S.C. 2229a), as re- such clauses, as so redesignated, 2 ems to the (1) An assessment of the effect of the designated by subsection (d)(1) of this sec- right; amendments made by sections 1803 and 1804 tion, is amended by inserting before the first (B) by redesignating paragraphs (1) on the effectiveness, relative allocation, ac- sentence the following: through (9) as subparagraphs (A) through (I), countability, and administration of the ‘‘(1) IN GENERAL.—The Administrator of respectively, and moving the left margin of grants and assistance awarded under sec- FEMA shall establish a performance assess- such subparagraphs, as so redesignated, 2 tions 33 and 34 of the Federal Fire Preven- ment system, including quantifiable per- ems to the right; tion and Control Act of 1974 (15 U.S.C. 2229 formance metrics, to evaluate the extent to (C) by striking ‘‘There are’’ and inserting and 2229a) after the date of the enactment of which grants awarded under this section are the following: this Act. furthering the purposes of this section. ‘‘(1) IN GENERAL.—There are’’; and (2) An evaluation of the extent to which ‘‘(2) SUBMITTAL OF INFORMATION.—’’. (D) by adding at the end the following: the amendments made by sections 1803 and (f) REPORT.— ‘‘(2) ADMINISTRATIVE EXPENSES.—Of the 1804 have enabled recipients of grants and as- (1) IN GENERAL.—Subsection (f) of section amounts appropriated pursuant to paragraph sistance awarded under such sections 33 and 34 of such Act (15 U.S.C. 2229a), as redesig- (1) for a fiscal year, the Administrator of 34 after the date of the enactment of this Act nated by subsection (d)(1) of this section, is FEMA may use not more than 5 percent of to mitigate fire and fire-related and other amended by striking ‘‘The authority’’ and all such amounts to cover salaries and expenses hazards more effectively. that follows through ‘‘Congress concerning’’ and other administrative costs incurred by SEC. 1807. STUDIES AND REPORTS ON THE STATE and inserting the following: ‘‘Not later than the Administrator of FEMA to make grants OF FIRE SERVICES. September 30, 2014, the Administrator of and provide assistance under this section.’’. (a) DEFINITIONS.—In this section:

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(1) ADMINISTRATOR.—The term ‘‘Adminis- (c) TASK FORCE TO ENHANCE FIREFIGHTER tified under subparagraph (B) on a national trator’’ means the Administrator of the SAFETY.— and State-by-State basis; and United States Fire Administration. (1) ESTABLISHMENT.—Not later than 60 days (D) to measure the impact of the grant and (2) CAREER FIRE DEPARTMENT, COMBINATION after the date of the enactment of this Act, assistance program under section 33 of the FIRE DEPARTMENT, VOLUNTEER FIRE DEPART- the Secretary of Homeland Security shall es- Federal Fire Prevention and Control Act of MENT.—The terms ‘‘career fire department’’, tablish a task force to be known as the 1974 (15 U.S.C. 2229) in meeting the needs of ‘‘combination fire department’’, and ‘‘volun- ‘‘Task Force to Enhance Firefighter Safety’’ fire services and filling the gaps identified teer fire department’’ have the meanings (in this subsection referred to as the ‘‘Task under subparagraph (C). given such terms in section 33(a) of the Fed- Force’’). (2) REPORT.—Not later than 2 years after eral Fire Prevention and Control Act of 1974 (2) MEMBERSHIP.— the date of the enactment of this title, the (15 U.S.C. 2229(a)), as amended by section (A) IN GENERAL.—Members of the Task Administrator shall submit to Congress a re- 1803. Force shall be appointed by the Secretary port on the findings of the Administrator (3) FIRE SERVICE.—The term ‘‘fire service’’ from among the general public and shall in- with respect to the study conducted under has the meaning given such term in section clude the following: paragraph (1). 4 of the Federal Fire Prevention and Control (i) Representatives of national organiza- (e) AUTHORIZATION OF APPROPRIATIONS.— Act of 1974 (15 U.S.C. 2203). tions representing firefighters and fire There are authorized to be appropriated to (b) STUDY AND REPORT ON COMPLIANCE WITH chiefs. the Administrator to carry out this section— STAFFING STANDARDS.— (ii) Individuals representing standards-set- (1) $600,000 for fiscal year 2013; and (1) STUDY.—The Administrator shall con- ting and accrediting organizations, including (2) $600,000 for fiscal year 2014. duct a study on the level of compliance with representatives from the voluntary con- national voluntary consensus standards for sensus codes and standards development SA 3090. Mr. LIEBERMAN (for him- staffing, training, safe operations, personal community. self, Ms. COLLINS, Mr. CARPER, and Mr. protective equipment, and fitness among the (iii) Such other individuals as the Sec- BROWN of Massachusetts) submitted an fire services of the United States. retary considers appropriate. (2) SURVEY.— amendment intended to be proposed by (B) REPRESENTATIVES OF OTHER DEPART- (A) IN GENERAL.—In carrying out the study him to the bill S. 3254, to authorize ap- MENTS AND AGENCIES.—The Secretary may required by paragraph (1), the Administrator invite representatives of other Federal de- propriations for fiscal year 2013 for shall carry out a survey of fire services to as- partments and agencies that have an inter- military activities of the Department sess the level of compliance of such fire serv- est in fire services to participate in the of Defense, for military construction, ices with the standards described in such meetings and other activities of the Task and for defense activities of the De- paragraph. Force. partment of Energy, to prescribe mili- (B) ELEMENTS.—The survey required by (C) NUMBER; TERMS OF SERVICE; PAY AND subparagraph (A) shall— tary personnel strengths for such fiscal ALLOWANCES.—The Secretary shall determine (i) include career fire departments, volun- year, and for other purposes; which was the number, terms of service, and pay and al- teer fire departments, combination fire de- ordered to lie on the table; as follows: lowances of members of the Task Force ap- partments, and fire departments serving pointed by the Secretary, except that a term At the end of division A, add the following: communities of different sizes, and such of service of any such member may not ex- TITLE XVIII—FEDERAL ASSISTANCE TO other distinguishing factors as the Adminis- FIRE DEPARTMENTS trator considers relevant; ceed 2 years. Subtitle A—Fire Grants Reauthorization (ii) employ methods to ensure that the sur- (3) RESPONSIBILITIES.—The Task Force vey accurately reflects the actual rate of shall— SEC. 1801. SHORT TITLE. compliance with the standards described in (A) consult with the Secretary in the con- This subtitle may be cited as the ‘‘Fire paragraph (1) among fire services; and duct of the study required by subsection Grants Reauthorization Act of 2012’’. (iii) determine the extent of barriers and (b)(1); and SEC. 1802. AMENDMENTS TO DEFINITIONS. challenges to achieving compliance with the (B) develop a plan to enhance firefighter (a) IN GENERAL.—Section 4 of the Federal standards described in paragraph (1) among safety by increasing fire service compliance Fire Prevention and Control Act of 1974 (15 fire services. with the standards described in subsection U.S.C. 2203) is amended— (C) AUTHORITY TO CARRY OUT SURVEY WITH (b)(1), including by— (1) in paragraph (3), by inserting ‘‘, except NONPROFIT.—If the Administrator determines (i) reviewing and evaluating the report re- as otherwise provided,’’ after ‘‘means’’; that it will reduce the costs incurred by the quired by subsection (b)(3)(A) to determine (2) in paragraph (4), by striking ‘‘ ‘Director’ United States Fire Administration in car- the extent of and barriers to achieving com- means’’ and all that follows through ‘‘Agen- rying out the survey required by subpara- pliance with the standards described in sub- cy;’’ and inserting ‘‘ ‘Administrator of graph (A), the Administrator may carry out section (b)(1) among fire services; and FEMA’ means the Administrator of the Fed- such survey in conjunction with a nonprofit (ii) considering ways in which the Federal eral Emergency Management Agency;’’; organization that has substantial expertise Government, States, and local governments (3) in paragraph (5)— and experience in the following areas: can promote or encourage fire services to (A) by inserting ‘‘Indian tribe,’’ after (i) The fire services. comply with such standards. ‘‘county,’’; and (ii) National voluntary consensus stand- (4) REPORT.— (B) by striking ‘‘and ‘firecontrol’ ’’ and in- ards. (A) IN GENERAL.—Not later than 180 days serting ‘‘and ‘fire control’ ’’; (iii) Contemporary survey methods. after the date on which the Secretary sub- (4) by redesignating paragraphs (6) through (3) REPORT ON FINDINGS OF STUDY.— mits the report required by subsection (9) as paragraphs (7) through (10), respec- (A) IN GENERAL.—Not later than 2 years (b)(3)(A), the Task Force shall submit to tively; after the date of the enactment of this Act, Congress and the Secretary a report on the (5) by inserting after paragraph (5), the fol- the Administrator shall submit to Congress activities and findings of the Task Force. lowing: a report on the findings of the Administrator (B) CONTENTS.—The report required by sub- ‘‘(6) ‘Indian tribe’ has the meaning given with respect to the study required by para- paragraph (A) shall include the following: that term in section 4 of the Indian Self-De- graph (1). (i) The findings and recommendations of termination and Education Assistance Act (B) CONTENTS.—The report required by sub- the Task Force with respect to the study (25 U.S.C. 450b) and ‘tribal’ means of or per- paragraph (A) shall include the following: carried out under subsection (b)(1). taining to an Indian tribe;’’; (i) An accurate description, based on the (ii) The plan developed under paragraph (6) by redesignating paragraphs (9) and (10), results of the survey required by paragraph (3)(B). as redesignated by paragraph (4), as para- (2)(A), of the rate of compliance with the (d) STUDY AND REPORT ON THE NEEDS OF graphs (10) and (11); standards described in paragraph (1) among FIRE SERVICES.— (7) by inserting after paragraph (8), as re- United States fire services, including a com- (1) STUDY.—The Administrator shall con- designated by paragraph (4), the following: parison of the rates of compliance among ca- duct a study— ‘‘(9) ‘Secretary’ means, except as otherwise reer fire departments, volunteer fire depart- (A) to define the current roles and activi- provided, the Secretary of Homeland Secu- ments, combination fire departments, and ties associated with fire services on a na- rity;’’; and fire departments serving communities of dif- tional, State, regional, and local level; (8) by amending paragraph (10), as redesig- ferent sizes, and such other comparisons as (B) to identify the equipment, staffing, and nated by paragraph (6), to read as follows: Administrator considers relevant. training required to fulfill the roles and ac- ‘‘(10) ‘State’ has the meaning given the (ii) A description of the challenges faced by tivities defined under subparagraph (A); term in section 2 of the Homeland Security different types of fire departments and dif- (C) to conduct an assessment to identify Act of 2002 (6 U.S.C. 101).’’. ferent types of communities in complying gaps between what fire services currently (b) CONFORMING AMENDMENTS.— with the standards described in paragraph possess and what they require to meet the (1) ADMINISTRATOR OF FEMA.—The Federal (1). equipment, staffing, and training needs iden- Fire Prevention and Control Act of 1974 (15

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00098 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.002 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15709 U.S.C. 2201 et seq.) is amended by striking executives of the States in which the recipi- ‘‘(E) To establish wellness and fitness pro- ‘‘Director’’ each place it appears and insert- ents are located, award grants on a competi- grams for firefighting personnel to ensure ing ‘‘Administrator of FEMA’’. tive basis directly to— that the firefighting personnel are able to (2) ADMINISTRATOR OF FEMA’S AWARD.—Sec- ‘‘(A) fire departments, for the purpose of carry out their duties as firefighters, includ- tion 15 of such Act (15 U.S.C. 2214) is amend- protecting the health and safety of the pub- ing programs dedicated to raising awareness ed by striking ‘‘Director’s Award’’ each place lic and firefighting personnel throughout the of, and prevention of, job-related mental it appears and inserting ‘‘Administrator’s United States against fire, fire-related, and health issues. Award’’. other hazards; ‘‘(F) To fund emergency medical services SEC. 1803. ASSISTANCE TO FIREFIGHTERS ‘‘(B) nonaffiliated EMS organizations to provided by fire departments and non- GRANTS. support the provision of emergency medical affiliated EMS organizations. Section 33 of the Federal Fire Prevention services; and ‘‘(G) To acquire additional firefighting ve- and Control Act of 1974 (15 U.S.C. 2229) is ‘‘(C) State fire training academies for the hicles, including fire trucks and other appa- amended to read as follows: purposes described in subparagraphs (G), (H), ratus. ‘‘SEC. 33. FIREFIGHTER ASSISTANCE. and (I) of paragraph (3). ‘‘(H) To acquire additional firefighting ‘‘(a) DEFINITIONS.—In this section: ‘‘(2) MAXIMUM GRANT AMOUNTS.— equipment, including equipment for— ‘‘(1) ADMINISTRATOR OF FEMA.—The term ‘‘(A) POPULATION.—The Administrator of ‘‘(i) fighting fires with foam in remote ‘Administrator of FEMA’ means the Admin- FEMA may not award a grant under this areas without access to water; and istrator of FEMA, acting through the Ad- subsection in excess of amounts as follows: ‘‘(ii) communications, monitoring, and re- ministrator. ‘‘(i) In the case of a recipient that serves a sponse to a natural disaster, act of ter- ‘‘(2) AVAILABLE GRANT FUNDS.—The term jurisdiction with 100,000 people or fewer, the rorism, or other man-made disaster, includ- ‘available grant funds’, with respect to a fis- amount of the grant awarded to such recipi- ing the use of a weapon of mass destruction. cal year, means those funds appropriated ent shall not exceed $1,000,000 in any fiscal ‘‘(I) To acquire personal protective equip- pursuant to the authorization of appropria- year. ment, including personal protective equip- tions in subsection (q)(1) for such fiscal year ‘‘(ii) In the case of a recipient that serves ment— less any funds used for administrative costs a jurisdiction with more than 100,000 people ‘‘(i) prescribed for firefighting personnel by pursuant to subsection (q)(2) in such fiscal but not more than 500,000 people, the amount the Occupational Safety and Health Admin- of the grant awarded to such recipient shall year. istration of the Department of Labor; or not exceed $2,000,000 in any fiscal year. ‘‘(3) CAREER FIRE DEPARTMENT.—The term ‘‘(ii) for responding to a natural disaster or ‘‘(iii) In the case of a recipient that serves ‘career fire department’ means a fire depart- act of terrorism or other man-made disaster, a jurisdiction with more than 500,000 but not ment that has an all-paid force of fire- including the use of a weapon of mass de- more than 1,000,000 people, the amount of the fighting personnel other than paid-on-call struction. grant awarded to such recipient shall not ex- firefighters. ‘‘(J) To modify fire stations, fire training ceed $3,000,000 in any fiscal year. ‘‘(4) COMBINATION FIRE DEPARTMENT.—The facilities, and other facilities to protect the ‘‘(iv) In the case of a recipient that serves term ‘combination fire department’ means a health and safety of firefighting personnel. a jurisdiction with more than 1,000,000 people fire department that has— ‘‘(K) To educate the public about arson but not more than 2,500,000 people, the prevention and detection. ‘‘(A) paid firefighting personnel; and amount of the grant awarded to such recipi- ‘‘(L) To provide incentives for the recruit- ‘‘(B) volunteer firefighting personnel. ent shall not exceed $6,000,000 for any fiscal ment and retention of volunteer firefighting ‘‘(5) FIREFIGHTING PERSONNEL.—The term year. personnel for volunteer firefighting depart- ‘firefighting personnel’ means individuals, ‘‘(v) In the case of a recipient that serves ments and other firefighting departments including volunteers, who are firefighters, a jurisdiction with more than 2,500,000 peo- that utilize volunteers. officers of fire departments, or emergency ple, the amount of the grant awarded to such ‘‘(M) To support such other activities, con- medical service personnel of fire depart- recipient shall not exceed $9,000,000 in any sistent with the purposes of this subsection, ments. fiscal year. as the Administrator of FEMA determines ‘‘(6) INSTITUTION OF HIGHER EDUCATION.— ‘‘(B) AGGREGATE.— appropriate. The term ‘institution of higher education’ ‘‘(i) IN GENERAL.—Notwithstanding sub- has the meaning given such term in section paragraphs (A) and (B) and except as pro- ‘‘(d) FIRE PREVENTION AND SAFETY 101 of the Higher Education Act of 1965 (20 vided under clause (ii), the Administrator of GRANTS.— U.S.C. 1001). FEMA may not award a grant under this ‘‘(1) IN GENERAL.—For the purpose of as- ‘‘(7) NONAFFILIATED EMS ORGANIZATION.— subsection in a fiscal year in an amount that sisting fire prevention programs and sup- The term ‘nonaffiliated EMS organization’ exceeds the amount that is one percent of porting firefighter health and safety re- means a public or private nonprofit emer- the available grant funds in such fiscal year. search and development, the Administrator gency medical services organization that is ‘‘(ii) EXCEPTION.—The Administrator of of FEMA may, on a competitive basis— not affiliated with a hospital and does not FEMA may waive the limitation in clause (i) ‘‘(A) award grants to fire departments; serve a geographic area in which the Admin- with respect to a grant recipient if the Ad- ‘‘(B) award grants to, or enter into con- istrator of FEMA finds that emergency med- ministrator of FEMA determines that such tracts or cooperative agreements with, na- ical services are adequately provided by a recipient has an extraordinary need for a tional, State, local, tribal, or nonprofit orga- fire department. grant in an amount that exceeds the limit nizations that are not fire departments and ‘‘(8) PAID-ON-CALL.—The term ‘paid-on-call’ under clause (i). that are recognized for their experience and with respect to firefighting personnel means ‘‘(3) USE OF GRANT FUNDS.—Each entity re- expertise with respect to fire prevention or firefighting personnel who are paid a stipend ceiving a grant under this subsection shall fire safety programs and activities and fire- for each event to which they respond. use the grant for one or more of the fol- fighter research and development programs, ‘‘(9) VOLUNTEER FIRE DEPARTMENT.—The lowing purposes: for the purpose of carrying out— term ‘volunteer fire department’ means a ‘‘(A) To train firefighting personnel in— ‘‘(i) fire prevention programs; and fire department that has an all-volunteer ‘‘(i) firefighting; ‘‘(ii) research to improve firefighter health force of firefighting personnel. ‘‘(ii) emergency medical services and other and life safety; and ‘‘(b) ASSISTANCE PROGRAM.— emergency response (including response to ‘‘(C) award grants to institutions of higher ‘‘(1) AUTHORITY.—In accordance with this natural disasters, acts of terrorism, and education, national fire service organiza- section, the Administrator of FEMA may other man-made disasters); tions, or national fire safety organizations to award— ‘‘(iii) arson prevention and detection; establish and operate fire safety research ‘‘(A) assistance to firefighters grants under ‘‘(iv) maritime firefighting; or centers. subsection (c); and ‘‘(v) the handling of hazardous materials. ‘‘(2) MAXIMUM GRANT AMOUNT.—A grant ‘‘(B) fire prevention and safety grants and ‘‘(B) To train firefighting personnel to pro- awarded under this subsection may not ex- other assistance under subsection (d). vide any of the training described under sub- ceed $1,500,000 for a fiscal year. ‘‘(2) ADMINISTRATIVE ASSISTANCE.—The Ad- paragraph (A). ‘‘(3) USE OF GRANT FUNDS.—Each entity re- ministrator of FEMA shall— ‘‘(C) To fund the creation of rapid interven- ceiving a grant under this subsection shall ‘‘(A) establish specific criteria for the se- tion teams to protect firefighting personnel use the grant for one or more of the fol- lection of grant recipients under this sec- at the scenes of fires and other emergencies. lowing purposes: tion; and ‘‘(D) To certify— ‘‘(A) To enforce fire codes and promote ‘‘(B) provide assistance with application ‘‘(i) fire inspectors; and compliance with fire safety standards. preparation to applicants for such grants. ‘‘(ii) building inspectors— ‘‘(B) To fund fire prevention programs, in- ‘‘(c) ASSISTANCE TO FIREFIGHTERS ‘‘(I) whose responsibilities include fire cluding programs that educate the public GRANTS.— safety inspections; and about arson prevention and detection. ‘‘(1) IN GENERAL.—The Administrator of ‘‘(II) who are employed by or serving as ‘‘(C) To fund wildland fire prevention pro- FEMA may, in consultation with the chief volunteers with a fire department. grams, including education, awareness, and

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00099 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.002 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15710 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 28, 2012 mitigation programs that protect lives, prop- ministrator of FEMA shall consider the fol- tion submitted under subsection (e)(1) by a erty, and natural resources from fire in the lowing: nonaffiliated EMS organization, the Admin- wildland-urban interface. ‘‘(1) The findings and recommendations of istrator of FEMA shall consider the extent ‘‘(D) In the case of a grant awarded under the peer reviews carried out under sub- to which other sources of Federal funding paragraph (1)(C), to fund the establishment section (f). are available to the applicant to provide the or operation of a fire safety research center ‘‘(2) The degree to which an award will re- assistance requested in such application. for the purpose of significantly reducing the duce deaths, injuries, and property damage ‘‘(3) AWARDING FIRE PREVENTION AND SAFE- number of fire-related deaths and injuries by reducing the risks associated with fire-re- TY GRANTS TO CERTAIN ORGANIZATIONS THAT among firefighters and the general public lated and other hazards. ARE NOT FIRE DEPARTMENTS.—In the case of through research, development, and tech- ‘‘(3) The extent of the need of an applicant applicants for grants under this section who nology transfer activities. for a grant under this section and the need to are described in subsection (d)(1)(B), the Ad- ‘‘(E) To support such other activities, con- protect the United States as a whole. ministrator of FEMA shall give priority to sistent with the purposes of this subsection, ‘‘(4) The number of calls requesting or re- applicants who focus on— as the Administrator of FEMA determines quiring a fire fighting or emergency medical ‘‘(A) prevention of injuries to high risk appropriate. response received by an applicant. groups from fire; and ‘‘(4) LIMITATION.—None of the funds made ‘‘(h) ALLOCATION OF GRANT AWARDS.—In ‘‘(B) research programs that demonstrate a available under this subsection may be pro- awarding grants under this section, the Ad- potential to improve firefighter safety. vided to the Association of Community Orga- ministrator of FEMA shall ensure that of the ‘‘(4) AWARDING GRANTS FOR FIRE SAFETY RE- nizations for Reform Now (ACORN) or any of available grant funds in each fiscal year— SEARCH CENTERS.— ‘‘(1) not less than 25 percent are awarded its affiliates, subsidiaries, or allied organiza- ‘‘(A) CONSIDERATIONS.—In awarding grants tions. under subsection (c) to career fire depart- under subsection (d)(1)(C), the Administrator ‘‘(e) APPLICATIONS FOR GRANTS.— ments; of FEMA shall— ‘‘(1) IN GENERAL.—An entity seeking a ‘‘(2) not less than 25 percent are awarded ‘‘(i) select each grant recipient on— grant under this section shall submit to the under subsection (c) to volunteer fire depart- ‘‘(I) the demonstrated research and exten- Administrator of FEMA an application ments; sion resources available to the recipient to ‘‘(3) not less than 25 percent are awarded therefor in such form and in such manner as carry out the research, development, and under subsection (c) to combination fire de- the Administrator of FEMA determines ap- technology transfer activities; partments and fire departments using paid- propriate. ‘‘(II) the capability of the recipient to pro- ‘‘(2) ELEMENTS.—Each application sub- on-call firefighting personnel; vide leadership in making national contribu- mitted under paragraph (1) shall include the ‘‘(4) not less than 10 percent are available tions to fire safety; following: for open competition among career fire de- ‘‘(III) the recipient’s ability to disseminate ‘‘(A) A description of the financial need of partments, volunteer fire departments, com- the results of fire safety research; and the applicant for the grant. bination fire departments, and fire depart- ‘‘(IV) the strategic plan the recipient pro- ‘‘(B) An analysis of the costs and benefits, ments using paid-on-call firefighting per- poses to carry out under the grant; with respect to public safety, of the use for sonnel for grants awarded under subsection ‘‘(ii) give special consideration in selecting which a grant is requested. (c); recipients under subparagraph (A) to an ap- ‘‘(C) An agreement to provide information ‘‘(5) not less than 10 percent are awarded plicant for a grant that consists of a partner- to the national fire incident reporting sys- under subsection (d); and tem for the period covered by the grant. ‘‘(6) not more than 2 percent are awarded ship between— ‘‘(D) A list of other sources of funding re- under this section to nonaffiliated EMS or- ‘‘(I) a national fire service organization or ceived by the applicant— ganizations described in subsection (c)(1)(B). a national fire safety organization; and ‘‘(i) for the same purpose for which the ap- ‘‘(i) ADDITIONAL REQUIREMENTS AND LIMITA- ‘‘(II) an institution of higher education, in- plication for a grant under this section was TIONS.— cluding a minority-serving institution (as submitted; or ‘‘(1) FUNDING FOR EMERGENCY MEDICAL described in section 371(a) of the Higher Edu- ‘‘(ii) from the Federal Government for SERVICES.—Not less than 3.5 percent of the cation Act of 1965 (20 U.S.C. 1067q(a))); and other fire-related purposes. available grant funds for a fiscal year shall ‘‘(iii) consider the research needs identified ‘‘(E) Such other information as the Admin- be awarded under this section for purposes and prioritized through the workshop re- istrator of FEMA determines appropriate. described in subsection (c)(3)(F). quired by subparagraph (B)(i). ‘‘(3) JOINT OR REGIONAL APPLICATIONS.— ‘‘(2) STATE FIRE TRAINING ACADEMIES.— ‘‘(B) RESEARCH NEEDS.— ‘‘(A) IN GENERAL.—Two or more entities ‘‘(A) MAXIMUM SHARE.—Not more than 3 ‘‘(i) IN GENERAL.—Not later than 90 days may submit an application under paragraph percent of the available grant funds for a fis- after the date of the enactment of the Fire (1) for a grant under this section to fund a cal year may be awarded under subsection Grants Reauthorization Act of 2012, the Ad- joint program or initiative, including acqui- (c)(1)(C). ministrator of FEMA shall convene a work- sition of shared equipment or vehicles. ‘‘(B) MAXIMUM GRANT AMOUNT.—The Ad- shop of the fire safety research community, ‘‘(B) NONEXCLUSIVITY.—Applications under ministrator of FEMA may not award a grant fire service organizations, and other appro- this paragraph may be submitted instead of under subsection (c)(1)(C) to a State fire priate stakeholders to identify and prioritize or in addition to any other application sub- training academy in an amount that exceeds fire safety research needs. mitted under paragraph (1). $1,000,000 in any fiscal year. ‘‘(ii) PUBLICATION.—The Administrator of ‘‘(C) GUIDANCE.—The Administrator of ‘‘(3) AMOUNTS FOR PURCHASING FIRE- FEMA shall ensure that the results of the FEMA shall— FIGHTING VEHICLES.—Not more than 25 per- workshop are made available to the public. ‘‘(i) publish guidance on applying for and cent of the available grant funds for a fiscal ‘‘(C) LIMITATIONS ON GRANTS FOR FIRE SAFE- administering grants awarded for joint pro- year may be used to assist grant recipients TY RESEARCH CENTERS.— grams and initiatives described in subpara- to purchase vehicles pursuant to subsection ‘‘(i) IN GENERAL.—The Administrator of graph (A); and (c)(3)(G). FEMA may award grants under subsection ‘‘(ii) encourage applicants to apply for ‘‘(j) FURTHER CONSIDERATIONS.— (d) to establish not more than 3 fire safety grants for joint programs and initiatives de- ‘‘(1) ASSISTANCE TO FIREFIGHTERS GRANTS research centers. scribed in subparagraph (A) as the Adminis- TO FIRE DEPARTMENTS.—In considering appli- ‘‘(ii) RECIPIENTS.—An institution of higher trator of FEMA determines appropriate to cations for grants under subsection (c)(1)(A), education, a national fire service organiza- achieve greater cost effectiveness and re- the Administrator of FEMA shall consider— tion, and a national fire safety organization gional efficiency. ‘‘(A) the extent to which the grant would may not directly receive a grant under sub- ‘‘(f) PEER REVIEW OF GRANT APPLICA- enhance the daily operations of the applicant section (d) for a fiscal year for more than 1 TIONS.— and the impact of such a grant on the protec- fire safety research center. ‘‘(1) IN GENERAL.—The Administrator of tion of lives and property; and ‘‘(5) AVOIDING DUPLICATION.—The Adminis- FEMA shall, after consultation with na- ‘‘(B) a broad range of factors important to trator of FEMA shall review lists submitted tional fire service and emergency medical the applicant’s ability to respond to fires and by applicants pursuant to subsection services organizations, appoint fire service related hazards, such as the following: (e)(2)(D) and take such actions as the Admin- personnel to conduct peer reviews of applica- ‘‘(i) Population served. istrator of FEMA considers necessary to pre- tions received under subsection (e)(1). ‘‘(ii) Geographic response area. vent unnecessary duplication of grant ‘‘(2) APPLICABILITY OF FEDERAL ADVISORY ‘‘(iii) Hazards vulnerability. awards. COMMITTEE ACT.—The Federal Advisory Com- ‘‘(iv) Call volume. ‘‘(k) MATCHING AND MAINTENANCE OF EX- mittee Act (5 U.S.C. App.) shall not apply to ‘‘(v) Financial situation, including unem- PENDITURE REQUIREMENTS.— activities carried out pursuant to this sub- ployment rate of the area being served. ‘‘(1) MATCHING REQUIREMENT FOR ASSIST- section. ‘‘(vi) Need for training or equipment. ANCE TO FIREFIGHTERS GRANTS.— ‘‘(g) PRIORITIZATION OF GRANT AWARDS.—In ‘‘(2) APPLICATIONS FROM NONAFFILIATED EMS ‘‘(A) IN GENERAL.—Except as provided in awarding grants under this section, the Ad- ORGANIZATIONS.—In the case of an applica- subparagraph (B), an applicant seeking a

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grant to carry out an activity under sub- ‘‘(IV) Such other factors as the Adminis- ‘‘(1) AUDITS.—The Administrator of FEMA section (c) shall agree to make available trator of FEMA considers appropriate. may audit a recipient of a grant awarded non-Federal funds to carry out such activity ‘‘(C) CERTAIN APPLICANTS FOR FIRE PREVEN- under this section to ensure that— in an amount equal to not less than 15 per- TION AND SAFETY GRANTS.—The authority ‘‘(A) the grant amounts are expended for cent of the grant awarded to such applicant under subparagraph (A) shall not apply with the intended purposes; and under such subsection. respect to a nonprofit organization that— ‘‘(B) the grant recipient complies with the ‘‘(B) EXCEPTION FOR ENTITIES SERVING ‘‘(i) is described in subsection (d)(1)(B); and requirements of subsection (k). SMALL COMMUNITIES.—In the case that an ap- ‘‘(ii) is not a fire department or emergency ‘‘(2) PERFORMANCE ASSESSMENT.— plicant seeking a grant to carry out an ac- medical services organization. ‘‘(A) IN GENERAL.—The Administrator of tivity under subsection (c) serves a jurisdic- ‘‘(l) GRANT GUIDELINES.— FEMA shall develop and implement a per- tion of— ‘‘(1) GUIDELINES.—For each fiscal year, formance assessment system, including ‘‘(i) more than 20,000 residents but not prior to awarding any grants under this sec- quantifiable performance metrics, to evalu- more than 1,000,000 residents, the application tion, the Administrator of FEMA shall pub- ate the extent to which grants awarded shall agree to make available non-Federal lish in the Federal Register— under this section are furthering the pur- funds in an amount equal to not less than 10 ‘‘(A) guidelines that describe— poses of this section, including protecting percent of the grant awarded to such appli- ‘‘(i) the process for applying for grants the health and safety of the public and fire- cant under such subsection; and under this section; and fighting personnel against fire and fire-re- ‘‘(ii) 20,000 residents or fewer, the applicant ‘‘(ii) the criteria that will be used for se- lated hazards. shall agree to make available non-Federal lecting grant recipients; and ‘‘(B) CONSULTATION.—The Administrator of funds in an amount equal to not less than 5 ‘‘(B) an explanation of any differences be- FEMA shall consult with fire service rep- percent of the grant awarded to such appli- tween such guidelines and the recommenda- resentatives and with the Comptroller Gen- cant under such subsection. tions obtained under paragraph (2). eral of the United States in developing the ‘‘(2) MATCHING REQUIREMENT FOR FIRE PRE- ‘‘(2) ANNUAL MEETING TO OBTAIN REC- assessment system required by subparagraph VENTION AND SAFETY GRANTS.— OMMENDATIONS.— (A). ‘‘(A) IN GENERAL.—An applicant seeking a ‘‘(A) IN GENERAL.—For each fiscal year, the ‘‘(3) ANNUAL REPORTS TO ADMINISTRATOR OF grant to carry out an activity under sub- Administrator of FEMA shall convene a FEMA.—Not less frequently than once each section (d) shall agree to make available meeting of qualified members of national year during the term of a grant awarded non-Federal funds to carry out such activity fire service organizations and, at the discre- under this section, the recipient of the grant in an amount equal to not less than 5 percent tion of the Administrator of FEMA, qualified shall submit to the Administrator of FEMA of the grant awarded to such applicant under members of emergency medical service orga- an annual report describing how the recipi- such subsection. nizations to obtain recommendations regard- ent used the grant amounts. ‘‘(B) MEANS OF MATCHING.—An applicant ing the following: ‘‘(4) ANNUAL REPORTS TO CONGRESS.— for a grant under subsection (d) may meet ‘‘(i) Criteria for the awarding of grants ‘‘(A) IN GENERAL.—Not later than Sep- the matching requirement under subpara- under this section. tember 30, 2013, and each year thereafter graph (A) through direct funding, funding of ‘‘(ii) Administrative changes to the assist- through 2017, the Administrator of FEMA complementary activities, or the provision ance program established under subsection shall submit to the Committee on Homeland of staff, facilities, services, material, or (b). Security and Governmental Affairs of the equipment. ‘‘(B) QUALIFIED MEMBERS.—For purposes of Senate and the Committee on Science and ‘‘(3) MAINTENANCE OF EXPENDITURES.—An this paragraph, a qualified member of an or- Technology of the House of Representatives applicant seeking a grant under subsection ganization is a member who— a report that provides— (c) or (d) shall agree to maintain during the ‘‘(i) is recognized for expertise in fire- ‘‘(i) information on the performance as- term of the grant the applicant’s aggregate fighting or emergency medical services; sessment system developed under paragraph expenditures relating to the uses described ‘‘(ii) is not an employee of the Federal (2); and in subsections (c)(3) and (d)(3) at not less Government; and ‘‘(ii) using the performance metrics devel- than 80 percent of the average amount of ‘‘(iii) in the case of a member of an emer- oped under such paragraph, an evaluation of such expenditures in the 2 fiscal years pre- gency medical service organization, is a the effectiveness of the grants awarded under ceding the fiscal year in which the grant member of an organization that represents— this section. amounts are received. ‘‘(I) providers of emergency medical serv- ‘‘(B) ADDITIONAL INFORMATION.—The report ‘‘(4) WAIVER.— ices that are affiliated with fire depart- due under subparagraph (A) on September 30, ‘‘(A) IN GENERAL.—Except as provided in ments; or 2016, shall also include recommendations for subparagraph (C)(ii), the Administrator of ‘‘(II) nonaffiliated EMS providers. legislative changes to improve grants under FEMA may waive or reduce the require- ‘‘(3) APPLICABILITY OF FEDERAL ADVISORY this section. ments of paragraphs (1), (2), and (3) in cases COMMITTEE ACT.—The Federal Advisory Com- ‘‘(q) AUTHORIZATION OF APPROPRIATIONS.— of demonstrated economic hardship. mittee Act (5 U.S.C. App.) shall not apply to ‘‘(1) IN GENERAL.—There is authorized to be ‘‘(B) GUIDELINES.— activities carried out under this subsection. appropriated to carry out this section— ‘‘(i) IN GENERAL.—The Administrator of ‘‘(A) $750,000,000 for fiscal year 2013; and ‘‘(m) ACCOUNTING DETERMINATION.—Not- FEMA shall establish and publish guidelines withstanding any other provision of law, for ‘‘(B) for each of fiscal years 2014 through for determining what constitutes economic purposes of this section, equipment costs 2017, an amount equal to the amount author- hardship for purposes of this paragraph. shall include all costs attributable to any de- ized for the previous fiscal year increased by ‘‘(ii) CONSULTATION.—In developing guide- sign, purchase of components, assembly, the percentage by which— lines under clause (i), the Administrator of manufacture, and transportation of equip- ‘‘(i) the Consumer Price Index (all items, FEMA shall consult with individuals who ment not otherwise commercially available. United States city average) for the previous are— fiscal year, exceeds ‘‘(I) recognized for expertise in firefighting, ‘‘(n) ELIGIBLE GRANTEE ON BEHALF OF ‘‘(ii) the Consumer Price Index for the fis- emergency medical services provided by fire ALASKA NATIVE VILLAGES.—The Alaska Vil- cal year preceding the fiscal year described services, or the economic affairs of State and lage Initiatives, a non-profit organization in- in clause (i). corporated in the State of Alaska, shall be local governments; and ‘‘(2) ADMINISTRATIVE EXPENSES.—Of the ‘‘(II) members of national fire service orga- eligible to apply for and receive a grant or amounts appropriated pursuant to paragraph nizations or national organizations rep- other assistance under this section on behalf (1) for a fiscal year, the Administrator of resenting the interests of State and local of Alaska Native villages. FEMA may use not more than 5 percent of governments. ‘‘(o) TRAINING STANDARDS.—If an applicant such amounts for salaries and expenses and ‘‘(iii) CONSIDERATIONS.—In developing for a grant under this section is applying for other administrative costs incurred by the guidelines under clause (i), the Adminis- such grant to purchase training that does Administrator of FEMA in the course of trator of FEMA shall consider, with respect not meet or exceed any applicable national awarding grants and providing assistance to relevant communities, the following: voluntary consensus standards, including under this section. ‘‘(I) Changes in rates of unemployment those developed under section 647 of the ‘‘(3) CONGRESSIONALLY DIRECTED SPEND- from previous years. Post-Katrina Emergency Management Re- ING.—Consistent with the requirements in ‘‘(II) Whether the rates of unemployment form Act of 2006 (6 U.S.C. 747), the applicant subsections (c)(1) and (d)(1) that grants under of the relevant communities are currently shall submit to the Administrator of FEMA those subsections be awarded on a competi- and have consistently exceeded the annual an explanation of the reasons that the train- tive basis, none of the funds appropriated national average rates of unemployment. ing proposed to be purchased will serve the pursuant to this subsection may be used for ‘‘(III) Changes in percentages of individ- needs of the applicant better than training any congressionally directed spending item uals eligible to receive food stamps from pre- that meets or exceeds such standards. (as defined under the rules of the Senate and vious years. ‘‘(p) ENSURING EFFECTIVE USE OF GRANTS.— the House of Representatives).

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‘‘(r) SUNSET OF AUTHORITIES.—The author- resenting the interests of State and local (C) by adding at the end the following: ity to award assistance and grants under this governments. ‘‘(8) $750,000,000 for fiscal year 2013; and section shall expire on the date that is 10 ‘‘(C) CONSIDERATIONS.—In developing guide- ‘‘(9) for each of fiscal years 2014 through years after the date of the enactment of the lines under subparagraph (A), the Adminis- 2017, an amount equal to the amount author- Fire Grants Reauthorization Act of 2012.’’. trator of FEMA shall consider, with respect ized for the previous fiscal year increased by SEC. 1804. STAFFING FOR ADEQUATE FIRE AND to relevant communities, the following: the percentage by which— EMERGENCY RESPONSE. ‘‘(i) Changes in rates of unemployment ‘‘(A) the Consumer Price Index (all items, (a) IMPROVEMENTS TO HIRING GRANTS.— from previous years. United States city average) for the previous (1) TERM OF GRANTS.—Subparagraph (B) of ‘‘(ii) Whether the rates of unemployment fiscal year, exceeds section 34(a)(1) of the Federal Fire Preven- of the relevant communities are currently ‘‘(B) the Consumer Price Index for the fis- tion and Control Act of 1974 (15 U.S.C. and have consistently exceeded the annual cal year preceding the fiscal year described 2229a(a)(1)) is amended to read as follows: national average rates of unemployment. in subparagraph (A).’’. ‘‘(B) Grants made under this paragraph ‘‘(iii) Changes in percentages of individuals (2) ADMINISTRATIVE EXPENSES.—Such sub- shall be for 3 years and be used for programs eligible to receive food stamps from previous section (j) is further amended— to hire new, additional firefighters.’’. years. (A) in paragraph (9), as added by paragraph (2) LIMITATION OF PORTION OF COSTS OF HIR- ‘‘(iv) Such other factors as the Adminis- (1) of this subsection, by redesignating sub- ING FIREFIGHTERS.—Subparagraph (E) of such trator of FEMA considers appropriate.’’. paragraphs (A) and (B) as clauses (i) and (ii), section is amended to read as follows: (e) IMPROVEMENTS TO PERFORMANCE EVAL- respectively, and moving the left margin of ‘‘(E) The portion of the costs of hiring fire- UATION REQUIREMENTS.—Subsection (e) of such clauses, as so redesignated, 2 ems to the fighters provided by a grant under this para- section 34 of such Act (15 U.S.C. 2229a), as re- right; designated by subsection (d)(1) of this sec- graph may not exceed— (B) by redesignating paragraphs (1) tion, is amended by inserting before the first ‘‘(i) 75 percent in the first year of the through (9) as subparagraphs (A) through (I), sentence the following: grant; respectively, and moving the left margin of ‘‘(1) IN GENERAL.—The Administrator of ‘‘(ii) 75 percent in the second year of the such subparagraphs, as so redesignated, 2 FEMA shall establish a performance assess- grant; and ems to the right; ment system, including quantifiable per- ‘‘(iii) 35 percent in the third year of the (C) by striking ‘‘There are’’ and inserting formance metrics, to evaluate the extent to the following: grant.’’. which grants awarded under this section are (b) CLARIFICATION REGARDING ELIGIBLE EN- ‘‘(1) IN GENERAL.—There are’’; and furthering the purposes of this section. TITIES FOR RECRUITMENT AND RETENTION (D) by adding at the end the following: ‘‘(2) SUBMITTAL OF INFORMATION.—’’. ‘‘(2) ADMINISTRATIVE EXPENSES.—Of the GRANTS.—The second sentence of section (f) REPORT.— amounts appropriated pursuant to paragraph 34(a)(2) of such Act (15 U.S.C. 2229a(a)(2)) is (1) IN GENERAL.—Subsection (f) of section amended by striking ‘‘organizations on a 34 of such Act (15 U.S.C. 2229a), as redesig- (1) for a fiscal year, the Administrator of local or statewide basis’’ and inserting ‘‘na- nated by subsection (d)(1) of this section, is FEMA may use not more than 5 percent of tional, State, local, or tribal organizations’’. amended by striking ‘‘The authority’’ and all such amounts to cover salaries and expenses (c) MAXIMUM AMOUNT FOR HIRING A FIRE- that follows through ‘‘Congress concerning’’ and other administrative costs incurred by FIGHTER.—Paragraph (4) of section 34(c) of and inserting the following: ‘‘Not later than the Administrator of FEMA to make grants such Act (15 U.S.C. 2229a(c)) is amended to September 30, 2014, the Administrator of and provide assistance under this section.’’. read as follows: FEMA shall submit to the Committee on (3) CONGRESSIONALLY DIRECTED SPENDING.— ‘‘(4) The amount of funding provided under Homeland Security and Governmental Af- Such subsection (j) is further amended by this section to a recipient fire department fairs of the Senate and the Committee on adding at the end the following: for hiring a firefighter in any fiscal year may Science and Technology of the House of Rep- ‘‘(3) CONGRESSIONALLY DIRECTED SPEND- not exceed— resentatives a report on’’. ING.—Consistent with the requirement in ‘‘(A) in the first year of the grant, 75 per- (2) CONFORMING AMENDMENT.—The heading subsection (a) that grants under this section cent of the usual annual cost of a first-year for subsection (f) of section 34 of such Act (15 be awarded on a competitive basis, none of firefighter in that department at the time U.S.C. 2229a), as redesignated by subsection the funds appropriated pursuant to this sub- the grant application was submitted; (d)(1) of this section, is amended by striking section may be used for any congressionally ‘‘(B) in the second year of the grant, 75 per- ‘‘SUNSET AND REPORTS’’ and inserting ‘‘RE- direct spending item (as defined under the cent of the usual annual cost of a first-year PORT’’. rules of the Senate and the House of Rep- firefighter in that department at the time (g) ADDITIONAL DEFINITIONS.— resentatives).’’. the grant application was submitted; and (1) IN GENERAL.—Subsection (i) of section (i) TECHNICAL AMENDMENT.—Section 34 of ‘‘(C) in the third year of the grant, 35 per- 34 of such Act (15 U.S.C. 2229a), as redesig- such Act (15 U.S.C. 2229a) is amended by cent of the usual annual cost of a first-year nated by subsection (d)(1) of this section, is striking ‘‘Administrator’’ each place it ap- firefighter in that department at the time amended— pears and inserting ‘‘Administrator of the grant application was submitted.’’. (A) in the matter before paragraph (1), by FEMA’’. (d) WAIVERS.—Section 34 of such Act (15 striking ‘‘In this section, the term—’’ and in- (j) CLERICAL AMENDMENT.—Such section is U.S.C. 2229a) is amended— serting ‘‘In this section:’’; further amended in the heading by striking (1) by redesignating subsections (d) (B) in paragraph (1)— ‘‘expansion of pre-september 11, 2001, fire grant pro- through (i) as subsections (e) through (j), re- (i) by inserting ‘‘The term’’ before ‘‘ ‘fire- gram’’ and inserting the following: ‘‘staffing for spectively; and fighter’ has’’; and adequate fire and emergency response’’. (k) SUNSET OF AUTHORITY TO AWARD HIRING (2) by inserting after subsection (c) the fol- (ii) by striking ‘‘; and’’ and inserting a pe- GRANTS.—Such section is further amended lowing: riod; by adding at the end the following: ‘‘(d) WAIVERS.— (C) by striking paragraph (2); and ‘‘(k) SUNSET OF AUTHORITIES.—The author- ‘‘(1) IN GENERAL.—In a case of dem- (D) by inserting at the end the following: ity to award assistance and grants under this onstrated economic hardship, the Adminis- ‘‘(2) The terms ‘Administrator of FEMA’, section shall expire on the date that is 10 trator of FEMA may— ‘career fire department’, ‘combination fire years after the date of the enactment of the ‘‘(A) waive the requirements of subsection department’, and ‘volunteer fire department’ Fire Grants Reauthorization Act of 2012.’’. (c)(1); or have the meanings given such terms in sec- SEC. 1805. SENSE OF CONGRESS ON VALUE AND ‘‘(B) waive or reduce the requirements in tion 33(a).’’. FUNDING OF ASSISTANCE TO FIRE- subsection (a)(1)(E) or subsection (c)(2). (2) CONFORMING AMENDMENT.—Section FIGHTERS AND STAFFING FOR ADE- ‘‘(2) GUIDELINES.— 34(a)(1)(A) of such Act (15 U.S.C. QUATE FIRE AND EMERGENCY RE- ‘‘(A) IN GENERAL.—The Administrator of 2229a(a)(1)(A)) is amended by striking ‘‘ca- SPONSE PROGRAMS. FEMA shall establish and publish guidelines reer, volunteer, and combination fire depart- It is the sense of Congress that— for determining what constitutes economic ments’’ and inserting ‘‘career fire depart- (1) the grants and assistance awarded hardship for purposes of paragraph (1). ments, combination fire departments, and under sections 33 and 34 of the Federal Fire ‘‘(B) CONSULTATION.—In developing guide- volunteer fire departments’’. Prevention and Control Act of 1974 (15 U.S.C. lines under subparagraph (A), the Adminis- (h) AUTHORIZATION OF APPROPRIATIONS.— 2229 and 2229a) have proven equally valuable trator of FEMA shall consult with individ- (1) IN GENERAL.—Subsection (j) of section in protecting the health and safety of the uals who are— 34 of such Act (15 U.S.C. 2229a), as redesig- public and firefighting personnel throughout ‘‘(i) recognized for expertise in firefighting, nated by subsection (d)(1) of this section, is the United States against fire and fire-re- emergency medical services provided by fire amended— lated hazards; and services, or the economic affairs of State and (A) in paragraph (6), by striking ‘‘and’’ at (2) providing parity in funding for the local governments; and the end; awarding of grants and assistance under both ‘‘(ii) members of national fire service orga- (B) in paragraph (7), by striking the period such sections will ensure that the grant and nizations or national organizations rep- at the end and inserting ‘‘; and’’; and assistance programs under such sections can

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00102 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.002 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15713 continue to serve their complementary pur- that it will reduce the costs incurred by the the extent of and barriers to achieving com- poses. United States Fire Administration in car- pliance with the standards described in sub- SEC. 1806. REPORT ON AMENDMENTS TO ASSIST- rying out the survey required by subpara- section (b)(1) among fire services; and ANCE TO FIREFIGHTERS AND STAFF- graph (A), the Administrator may carry out (ii) considering ways in which the Federal ING FOR ADEQUATE FIRE AND such survey in conjunction with a nonprofit Government, States, and local governments EMERGENCY RESPONSE PROGRAMS. organization that has substantial expertise can promote or encourage fire services to (a) IN GENERAL.—Not later than September and experience in the following areas: comply with such standards. 30, 2016, the Comptroller General of the (i) The fire services. (4) REPORT.— United States shall submit to the Committee (ii) National voluntary consensus stand- (A) IN GENERAL.—Not later than 180 days on Homeland Security and Governmental Af- ards. after the date on which the Secretary sub- fairs of the Senate and the Committee on (iii) Contemporary survey methods. mits the report required by subsection Science and Technology of the House of Rep- (3) REPORT ON FINDINGS OF STUDY.— (b)(3)(A), the Task Force shall submit to resentatives a report on the effect of the (A) IN GENERAL.—Not later than 2 years Congress and the Secretary a report on the amendments made by this title. after the date of the enactment of this Act, activities and findings of the Task Force. (b) CONTENTS.—The report required by sub- the Administrator shall submit to Congress (B) CONTENTS.—The report required by sub- section (a) shall include the following: a report on the findings of the Administrator paragraph (A) shall include the following: (1) An assessment of the effect of the with respect to the study required by para- (i) The findings and recommendations of amendments made by sections 1803 and 1804 graph (1). the Task Force with respect to the study on the effectiveness, relative allocation, ac- (B) CONTENTS.—The report required by sub- carried out under subsection (b)(1). countability, and administration of the paragraph (A) shall include the following: (ii) The plan developed under paragraph grants and assistance awarded under sec- (i) An accurate description, based on the (3)(B). tions 33 and 34 of the Federal Fire Preven- results of the survey required by paragraph (d) STUDY AND REPORT ON THE NEEDS OF tion and Control Act of 1974 (15 U.S.C. 2229 (2)(A), of the rate of compliance with the FIRE SERVICES.— and 2229a) after the date of the enactment of standards described in paragraph (1) among (1) STUDY.—The Administrator shall con- this Act. United States fire services, including a com- duct a study— (2) An evaluation of the extent to which parison of the rates of compliance among ca- (A) to define the current roles and activi- the amendments made by sections 1803 and reer fire departments, volunteer fire depart- ties associated with fire services on a na- 1804 have enabled recipients of grants and as- ments, combination fire departments, and tional, State, regional, and local level; sistance awarded under such sections 33 and fire departments serving communities of dif- (B) to identify the equipment, staffing, and 34 after the date of the enactment of this Act ferent sizes, and such other comparisons as training required to fulfill the roles and ac- to mitigate fire and fire-related and other Administrator considers relevant. tivities defined under subparagraph (A); hazards more effectively. (ii) A description of the challenges faced by (C) to conduct an assessment to identify different types of fire departments and dif- SEC. 1807. STUDIES AND REPORTS ON THE STATE gaps between what fire services currently OF FIRE SERVICES. ferent types of communities in complying possess and what they require to meet the with the standards described in paragraph (a) DEFINITIONS.—In this section: equipment, staffing, and training needs iden- (1). (1) ADMINISTRATOR.—The term ‘‘Adminis- tified under subparagraph (B) on a national (c) TASK FORCE TO ENHANCE FIREFIGHTER trator’’ means the Administrator of the and State-by-State basis; and SAFETY.— United States Fire Administration. (D) to measure the impact of the grant and (1) ESTABLISHMENT.—Not later than 60 days (2) CAREER FIRE DEPARTMENT, COMBINATION assistance program under section 33 of the after the date of the enactment of this Act, Federal Fire Prevention and Control Act of FIRE DEPARTMENT, VOLUNTEER FIRE DEPART- the Secretary of Homeland Security shall es- MENT.—The terms ‘‘career fire department’’, 1974 (15 U.S.C. 2229) in meeting the needs of tablish a task force to be known as the fire services and filling the gaps identified ‘‘combination fire department’’, and ‘‘volun- ‘‘Task Force to Enhance Firefighter Safety’’ teer fire department’’ have the meanings under subparagraph (C). (in this subsection referred to as the ‘‘Task (2) REPORT.—Not later than 2 years after given such terms in section 33(a) of the Fed- Force’’). eral Fire Prevention and Control Act of 1974 the date of the enactment of this title, the (2) MEMBERSHIP.— Administrator shall submit to Congress a re- (15 U.S.C. 2229(a)), as amended by section (A) IN GENERAL.—Members of the Task 1803. port on the findings of the Administrator Force shall be appointed by the Secretary with respect to the study conducted under (3) FIRE SERVICE.—The term ‘‘fire service’’ from among the general public and shall in- has the meaning given such term in section paragraph (1). clude the following: (e) AUTHORIZATION OF APPROPRIATIONS.— 4 of the Federal Fire Prevention and Control (i) Representatives of national organiza- Act of 1974 (15 U.S.C. 2203). There are authorized to be appropriated to tions representing firefighters and fire the Administrator to carry out this section— (b) STUDY AND REPORT ON COMPLIANCE WITH chiefs. (1) $600,000 for fiscal year 2013; and STAFFING STANDARDS.— (ii) Individuals representing standards-set- (2) $600,000 for fiscal year 2014. (1) STUDY.—The Administrator shall con- ting and accrediting organizations, including Subtitle B—Reauthorization of United States duct a study on the level of compliance with representatives from the voluntary con- Fire Administration national voluntary consensus standards for sensus codes and standards development staffing, training, safe operations, personal community. SEC. 1811. SHORT TITLE. protective equipment, and fitness among the (iii) Such other individuals as the Sec- This subtitle may be cited as the ‘‘United fire services of the United States. retary considers appropriate. States Fire Administration Reauthorization (2) SURVEY.— (B) REPRESENTATIVES OF OTHER DEPART- Act of 2012’’. (A) IN GENERAL.—In carrying out the study MENTS AND AGENCIES.—The Secretary may SEC. 1812. CLARIFICATION OF RELATIONSHIP BE- required by paragraph (1), the Administrator invite representatives of other Federal de- TWEEN UNITED STATES FIRE AD- shall carry out a survey of fire services to as- partments and agencies that have an inter- MINISTRATION AND FEDERAL EMER- GENCY MANAGEMENT AGENCY. sess the level of compliance of such fire serv- est in fire services to participate in the Section 5(c) of the Federal Fire Prevention ices with the standards described in such meetings and other activities of the Task and Control Act of 1974 (15 U.S.C. 2204) is paragraph. Force. amended to read as follows: (B) ELEMENTS.—The survey required by (C) NUMBER; TERMS OF SERVICE; PAY AND ‘‘(c) DEPUTY ADMINISTRATOR.—The Admin- subparagraph (A) shall— ALLOWANCES.—The Secretary shall determine istrator may appoint a Deputy Adminis- (i) include career fire departments, volun- the number, terms of service, and pay and al- trator, who shall— teer fire departments, combination fire de- lowances of members of the Task Force ap- ‘‘(1) perform such functions as the Admin- partments, and fire departments serving pointed by the Secretary, except that a term istrator shall from time to time assign or communities of different sizes, and such of service of any such member may not ex- delegate; and other distinguishing factors as the Adminis- ceed 2 years. ‘‘(2) act as Administrator during the ab- trator considers relevant; (3) RESPONSIBILITIES.—The Task Force sence or disability of the Administrator or in (ii) employ methods to ensure that the sur- shall— the event of a vacancy in the office of Ad- vey accurately reflects the actual rate of (A) consult with the Secretary in the con- ministrator.’’. compliance with the standards described in duct of the study required by subsection SEC. 1813. MODIFICATION OF AUTHORITY OF AD- paragraph (1) among fire services; and (b)(1); and MINISTRATOR TO EDUCATE PUBLIC (iii) determine the extent of barriers and (B) develop a plan to enhance firefighter ABOUT FIRE AND FIRE PREVENTION. challenges to achieving compliance with the safety by increasing fire service compliance Section 6 of the Federal Fire Prevention standards described in paragraph (1) among with the standards described in subsection and Control Act of 1974 (15 U.S.C. 2205) is fire services. (b)(1), including by— amended by striking ‘‘to take all steps’’ and (C) AUTHORITY TO CARRY OUT SURVEY WITH (i) reviewing and evaluating the report re- all that follows through ‘‘fire and fire pre- NONPROFIT.—If the Administrator determines quired by subsection (b)(3)(A) to determine vention.’’ and inserting ‘‘to take such steps

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00103 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.002 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15714 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 28, 2012 as the Administrator considers appropriate be appropriated for fiscal year 2013 by sec- an aggregate of $46,000,000 to be available for to educate the public and overcome public tion 101 is hereby increased by $6,000,000, the additional authorizations in sections 132, indifference as to fire, fire prevention, and with the amount of the increase to be avail- 154, and 217. individual preparedness.’’. able for amounts authorized to be appro- (b) COVERED FUNDS.—In subsection (a), the SEC. 1814. AUTHORIZATION OF APPROPRIATIONS. priated by that section and available for pro- term ‘‘fiscal year 2012 and 2013 procurement Section 17(g)(1) of the Federal Fire Preven- curement, Defense-wide, other procurement or research, development, test, and evalua- tion and Control Act of 1974 (15 U.S.C. programs, line 079, Combat mission require- tion accounts’’ means— 2216(g)(1)) is amended— ments, as specified in the funding table in (1) amounts authorized to be appropriated (1) in subparagraph (G), by striking ‘‘and’’ section 4101. for fiscal year 2012 by sections 101 and 201 of at the end; (b) AVAILABILITY OF AMOUNT.—To the ex- the National Defense Authorization Act for (2) in subparagraph (H), by striking the pe- tent provided in appropriations Acts, the Fiscal Year 2012 (Public Law 112–81) and riod at the end and inserting a semicolon; amount authorized and made available by available as specified in the funding tables in (3) by adding after subparagraph (H) the subsection (a) may be obligated and ex- sections 4101 and 4201 of that Act; and following: pended for a new program to procure color (2) amounts authorized to be appropriated ‘‘(I) $76,490,890 for fiscal year 2013, of which electro-optical and infrared imaging sensors for fiscal year 2013 by sections 101 and 201 of $2,753,672 shall be used to carry out section for AC–130 aircraft used by the United States this Act and available as specified in the 8(f); Special Operations Command in ongoing funding tables in sections 4101 and 4201 of ‘‘(J) $76,490,890 for fiscal year 2014, of which contingency operations. this Act. $2,753,672 shall be used to carry out section At the end of subtitle B of title II, add the (c) EFFECT ON AUTHORIZATION AMOUNTS.—A 8(f); following: transfer made from one account to another ‘‘(K) $76,490,890 for fiscal year 2015, of which SEC. 216. RELOCATION OF C–BAND RADAR FROM under the authority of this section shall be $2,753,672 shall be used to carry out section ANTIGUA TO H.E. HOLT STATION IN deemed to change the amount authorized for WESTERN AUSTRALIA TO ENHANCE the account to which the amount is trans- 8(f); SPACE SITUATIONAL AWARENESS ‘‘(L) $76,490,890 for fiscal year 2016, of which ferred by an amount equal to the amount CAPABILITIES. transferred. $2,753,672 shall be used to carry out section To the extent provided in appropriations 8(f); and (d) CONSTRUCTION OF AUTHORITY.—The Acts, of the amounts authorized to be appro- transfer authority in this section is in addi- ‘‘(M) $76,490,890 for fiscal year 2017, of priated for fiscal year 2013 by section 201 and which $2,753,672 shall be used to carry out tion to any other transfer authority provided available for research, development, test, in this Act. section 8(f).’’; and and evaluation for Space Situation Aware- (4) in subparagraphs (E) through (H), by ness Systems (PE 0604425F) for System De- Mr. RISCH submitted an moving each margin 2 ems to the left. SA 3092. velopment and Demonstration as specified in amendment intended to be proposed by SEC. 1815. REMOVAL OF LIMITATION. the funding table in section 4201, $3,000,000 him to the bill S. 3254, to authorize ap- Section 9(d) of the Federal Fire Prevention may be obligated and expended for a new and Control Act of 1974 (15 U.S.C. 2208(d)) is program for the relocation and research and propriations for fiscal year 2013 for amended— development activities to enhance Space Sit- military activities of the Department (1) by striking ‘‘UPDATE.—’’ and all that uational Awareness capabilities through— of Defense, for military construction, follows through ‘‘The Administrator’’ and in- (1) the repurposing of the C–Band Radar at and for defense activities of the De- serting ‘‘UPDATE.—The Administrator’’; and Antigua; partment of Energy, to prescribe mili- (2) by striking paragraph (2). (2) the relocation of that radar to the H.E. tary personnel strengths for such fiscal Holt Station in Western Australia; year, and for other purposes; which was SA 3091. Mr. MCCAIN submitted an (3) upgrades of the hardware and software ordered to lie on the table; as follows: amendment intended to be proposed by of that radar to meet Space Situational Awareness mission needs; At the end of subtitle F of title X, add the him to the bill S. 3254, to authorize ap- following: propriations for fiscal year 2013 for (4) operational testing of that radar; and (5) transfer of jurisdiction of that radar to SEC. 1064. REPORT ON MILITARY ASSETS IN military activities of the Department the Air Force Space Command for operations PROXIMITY OF BENGHAZI, LIBYA, ON of Defense, for military construction, and sustainment by September 30, 2016. SEPTEMBER 11, 2011. and for defense activities of the De- (a) REPORT REQUIRED.—Not later than 30 SEC. 217. DETAILED DIGITAL RADIO FREQUENCY days after the date of the enactment of this partment of Energy, to prescribe mili- MODULATION COUNTERMEASURES Act, the Secretary of Defense shall submit to tary personnel strengths for such fiscal STUDIES AND SIMULATIONS. (a) ADDITIONAL AMOUNT FOR RDT&E, the appropriate congressional committees a year, and for other purposes; which was report outlining all United States and North ordered to lie on the table; as follows: ARMY.—The amount authorized to be appro- priated for fiscal year 2013 by section 201 is Atlantic Treaty Organization (NATO) mili- At the end of subtitle C of title I, add the hereby increased by $38,000,000, with the tary armed and unarmed assets within 7 following: amount of the increase to be available for hours travel time of Benghazi, Libya, on SEC. 132. SPIDERNET/SPECTRAL WARRIOR HARD- amounts authorized to be appropriated by September 11, 2012, that could have arrived WARE. that section and available for research, de- within 7 hours of notification. (a) ADDITIONAL AMOUNT FOR OTHER PRO- velopment, test, and evaluation, Army, for (b) FORM.—The report required under sub- CUREMENT, NAVY.—The amount authorized to system development and demonstration (PE section (a) shall be submitted in unclassified be appropriated for fiscal year 2013 by sec- 0605457A) Army Integrated Air and Missile form, but may include a classified annex. tion 101 is hereby increased by $2,000,000, Defense (AIAMD), as specified in the funding (c) APPROPRIATE CONGRESSIONAL COMMIT- with the amount of the increase to be avail- table in section 4201. TEES DEFINED.—In this section, the term able for amounts authorized to be appro- (b) AVAILABILITY OF AMOUNT.—To the ex- ‘‘appropriate congressional committees’’ priated by that section and available for tent provided in appropriations Acts, the means— other procurement, Navy, Satellite Commu- amount authorized and made available by (1) the congressional defense committees; nications, line 085, Satellite Communica- subsection (a) may be obligated and ex- (2) the Committee on Foreign Relations tions Systems, as specified in the funding pended for a new program to conduct de- and the Committee on Intelligence of the table in section 4101. tailed digital radio frequency modulation Senate; and (b) AVAILABILITY OF AMOUNT.—To the ex- (DRFM) countermeasures studies and sim- (3) the Committee on Foreign Affairs and tent provided in appropriations Acts, the ulations to develop algorithms to address the Permanent Select Committee on Intel- amount authorized and made available by this threat change in support of the acceler- ligence of the House of Representatives. subsection (a) may be obligated and ex- ated fielding of a new capability in Patriot, pended for a new program to procure Sentinel, and Integrated Air and Missile De- SA 3093. Mr. RISCH submitted an SPIDERNet/Spectral Warrior Hardware and fense (IAMD) for the requirements of the amendment intended to be proposed by installation in order to provide a cloud net- commanders of the combatant commands. him to the bill S. 3254, to authorize ap- work for Spectral Warrior terminals in sup- At the end of subtitle A of title X, add the propriations for fiscal year 2013 for port of requirements of the commanders of following: military activities of the Department the combatant commands. SEC. 1005. TRANSFER OF CERTAIN FISCAL YEAR of Defense, for military construction, At the end of subtitle E of title I, add the 2012 AND 2013 FUNDS. and for defense activities of the De- following: (a) TRANSFER AUTHORIZED.—To the extent partment of Energy, to prescribe mili- SEC. 154. AC–130 AIRCRAFT ELECTRO-OPTICAL provided in appropriations Acts, the Sec- AND INFRARED SENSORS. retary of Defense may transfer from fiscal tary personnel strengths for such fiscal (a) ADDITIONAL AMOUNT FOR PROCUREMENT, year 2012 and 2013 procurement or research, year, and for other purposes; which was DEFENSE-WIDE.—The amount authorized to development, test, and evaluation accounts ordered to lie on the table; as follows:

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00104 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.002 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15715 At the end of subtitle C of title XII, add by the Secretary for purposes of the program Defense Act (as so added). The report shall the following: in order to advance global nonproliferation include an assessment by the Comptroller SEC. 1233. REPORT ON INDIVIDUALS DETAINED and nuclear security efforts. General of the success of the program, as de- BY FOREIGN COUNTRIES WITH IN- ‘‘(2) The program required by this section termined in accordance with the metrics for FORMATION USEFUL TO INVESTIGA- shall be a distinct program from the Global evaluating the success of the program under TION OF TERRORIST ATTACKS ON Initiatives for Proliferation Prevention pro- subsection (c)(1)(B) of such section 4309, and UNITED STATES INTERESTS IN gram. such other matters on the program as the BENGHAZI, LIBYA. ‘‘(b) ELEMENTS.—The program shall include Comptroller General considers appropriate. (a) REPORT REQUIRED.— the elements as follows: (d) APPROPRIATE CONGRESSIONAL COMMIT- (1) IN GENERAL.—Not later than 15 days and ‘‘(1) Training and capacity-building to TEES DEFINED.—In this section, the term 180 days after the date of the enactment of strengthen nonproliferation and security ‘‘appropriate congressional committees’’ this Act, the Attorney General and the Sec- best practices. means— retary of State shall jointly submit to Con- ‘‘(2) Engagement of United States sci- (1) the congressional defense committees; gress a report listing individuals currently in entists with foreign counterparts to advance (2) the Select Committee on Intelligence the custody of another country who would be nonproliferation goals. and the Committee on Foreign Relations of useful for the Federal Bureau of Investiga- ‘‘(c) REPORT ON COMMENCEMENT OF PRO- the Senate; and tions to interview, or whom the Federal Bu- GRAM.—Funds may not be expended under (3) the Permanent Select Committee on In- reau of Investigations has already inter- the program required by this section until telligence and the Committee on Foreign Af- viewed, in conjunction with its investigation the Administrator submits to the appro- fairs of the House of Representatives. into the September 11, 2012, terrorist attacks priate congressional committees a report on United States interests in Benghazi, setting forth the following: SA 3095. Mrs. HAGAN (for herself, Libya. ‘‘(1) For each country selected for the pro- Mr. JOHNSON of South Dakota, Mrs. (2) CONTENT.—The report required under gram as of the date of such report— paragraph (1) shall include, at a minimum, MURRAY, and Mr. UDALL of Colorado) ‘‘(A) a proliferation threat assessment pre- submitted an amendment intended to the following elements: pared by the Director of National Intel- (A) A list— ligence; and be proposed by her to the bill S. 3254, to (i) including the name of each individual; ‘‘(B) metrics for evaluating the success of authorize appropriations for fiscal year (ii) indicating the country where he or she the program. 2013 for military activities of the De- is being detained; and ‘‘(2) Accounting standards for the conduct partment of Defense, for military con- (iii) describing whether that country has of the program approved by the Comptroller struction, and for defense activities of granted the Federal Bureau of Investigations General of the United States. the Department of Energy, to prescribe access to interview the individual, and de- ‘‘(d) REPORTS ON MODIFICATION OF PRO- military personnel strengths for such scribing the access provided. GRAM.—Before making any modification in (B) An addendum prepared by the Sec- the program (whether selecting a new coun- fiscal year, and for other purposes; retary of State detailing if the Department try for the program, ceasing the selection of which was ordered to lie on the table; of State considers the countries detaining a country for the program, or modifying an as follows: the individuals listed under subparagraph (A) element of the program), the Administrator Strike section 2823. as fully cooperating with United States shall submit to the appropriate congres- antiterrorism efforts. sional committees a report on the modifica- SA 3096. Mr. MERKLEY (for himself, (b) SENSE OF CONGRESS.—It is the sense of tion. If the modification consists of the se- Mr. PAUL, and Mr. MANCHIN) submitted Congress that— lection for the program of a country not pre- an amendment intended to be proposed (1) any country that fails to allow imme- viously selected for the program, the report diate and full access to the Federal Bureau by him to the bill S. 3254, to authorize shall include the matters specified in sub- appropriations for fiscal year 2013 for of Investigations to interview the individuals section (c)(1) for the country. listed in the report submitted under sub- ‘‘(e) APPROPRIATE CONGRESSIONAL COMMIT- military activities of the Department section (a) does not meet the threshold of TEES DEFINED.—In this section, the term ‘ap- of Defense, for military construction, fully cooperating with United States propriate congressional committees’ and for defense activities of the De- antiterrorism efforts; and means— partment of Energy, to prescribe mili- (2) the Secretary of State shall weigh this ‘‘(1) the congressional defense committees; tary personnel strengths for such fiscal factor heavily when determining for pur- ‘‘(2) the Select Committee on Intelligence year, and for other purposes; which was poses of section 40(d) of the Arms Export and the Committee on Foreign Relations of ordered to lie on the table; as follows: Control Act (22 U.S.C. 2780(d)) whether a the Senate; and country has repeatedly provided support for ‘‘(3) the Permanent Select Committee on At the end of subtitle B of title XII, add acts of international terrorism and is prohib- Intelligence and the Committee on Foreign the following: ited from certain arms transactions. Affairs of the House of Representatives.’’. SEC. 1221. COMPLETION OF ACCELERATED TRAN- SITION OF UNITED STATES COMBAT (2) CLERICAL AMENDMENT.—The table of SA 3094. Mr. RISCH submitted an AND MILITARY AND SECURITY OP- contents in section 4001(b) of such Act (divi- ERATIONS TO THE GOVERNMENT OF amendment intended to be proposed by sion D of Public Law 107–314) is amended by AFGHANISTAN. him to the bill S. 3254, to authorize ap- inserting after the item relating to section (a) SENSE OF CONGRESS.—It is the sense of propriations for fiscal year 2013 for 4308 the following new item: Congress that the President shall, in coordi- military activities of the Department ‘‘Sec. 4309. Program on scientific engage- nation with the Government of Afghanistan, of Defense, for military construction, ment for nonproliferation.’’. North Atlantic Treaty Organization (NATO) and for defense activities of the De- (b) REPORT ON COORDINATION WITH OTHER member countries, and other allies in Af- partment of Energy, to prescribe mili- UNITED STATES NONPROLIFERATION PRO- ghanistan, seek to— tary personnel strengths for such fiscal GRAMS.—Not later than 180 days after the (1) undertake all appropriate activities to accomplish the President’s stated goal of year, and for other purposes; which was date of the enactment of this Act, the Ad- ministrator of the National Nuclear Security transitioning the lead responsibility for se- ordered to lie on the table; as follows: Administration shall submit to the appro- curity to the Government of Afghanistan by Strike section 3114 and insert the fol- priate congressional committees a report de- mid-summer 2013; lowing: scribing the manner in which the program on (2) as part of accomplishing this transition SEC. 3114. PROGRAM ON SCIENTIFIC ENGAGE- scientific engagement for nonproliferation of the lead responsibility for security to the MENT FOR NONPROLIFERATION. under section 4309 of the Atomic Energy De- Government of Afghanistan, draw down (a) PROGRAM REQUIRED.— fense Act (as added by subsection (a)) coordi- United States troops to the minimum level (1) IN GENERAL.—Title XLIII of the Atomic nates with and complements, but does not required to meet this goal; Energy Defense Act (50 U.S.C. 2562 et seq.) is duplicate, other nonproliferation programs (3) as previously announced by the Presi- amended by adding at the end the following of the United States Government. dent, continue to draw down United States new section: (c) COMPTROLLER GENERAL OF THE UNITED troop levels at a steady pace through the end ‘‘SEC. 4309. PROGRAM ON SCIENTIFIC ENGAGE- STATES REPORT.—Not later than two years of 2014; and MENT FOR NONPROLIFERATION. after the date of the enactment of this Act, (4) end all regular combat operations by ‘‘(a) PROGRAM REQUIRED.—(1) The Sec- the Comptroller General of the United States United States troops by not later than De- retary of Energy shall, acting through the shall submit to the appropriate congres- cember 31, 2014, and take all possible steps to Administrator of the National Nuclear Secu- sional committees a report on the program end such operations at the earliest date con- rity Administration, carry out a program on on scientific engagement for nonprolifera- sistent with a safe and orderly draw down of scientific engagement in countries selected tion under section 4309 of the Atomic Energy United States troops in Afghanistan.

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(b) RULE OF CONSTRUCTION.—Nothing in At the end of subtitle E of title VIII, add (2) In consultation with the National Cen- this section shall be construed to limit or the following: ter for Post Traumatic Stress Disorder of the prohibit any authority of the President— SEC. 888. REPORT BY THE SUSPENSION AND DE- Department of Veterans Affairs and other (1) to modify the military strategy, tac- BARMENT OFFICIALS OF THE MILI- appropriate public and private agencies and tics, and operations of United States Armed TARY DEPARTMENTS AND THE DE- entities, to require the use of clinical best Forces as such Armed Forces redeploy from FENSE LOGISTICS AGENCY. practices in mental health care, suicide pre- Afghanistan; (a) REPORT REQUIRED.—Not later than 60 vention programs, and resilience programs of (2) to authorize United States forces in Af- days after the date of the enactment of this the Department of Defense, including the di- ghanistan to defend themselves whenever Act, the suspension and debarment official of agnosis and treatment of behavioral health they may be threatened; each agency specified in subsection (b) shall disorders. submit to the congressional defense commit- (3) to attack Al Qaeda forces wherever such (3) To oversee and manage the comprehen- tees a report on the suspension and debar- forces are located; sive program on the prevention of suicide ment activities of such official containing (4) to provide financial support and equip- among members of the Armed Forces re- the information specified in subsection (c). ment to the Government of Afghanistan for quired by section 752. (b) COVERED AGENCIES.—The agencies spec- the training and supply of Afghanistan mili- ified in this subsection are the following: SEC. 752. COMPREHENSIVE PROGRAM ON PRE- tary and security forces; or (1) The Department of the Army. VENTION OF SUICIDE AMONG MEM- (5) to gather, provide, and share intel- (2) The Department of the Navy. BERS OF THE ARMED FORCES. ligence with United States allies operating (3) The Department of the Air Force. (a) COMPREHENSIVE PROGRAM REQUIRED.— in Afghanistan and Pakistan. (4) The Defense Logistics Agency. The Secretary of Defense shall, acting (c) COVERED INFORMATION.—The informa- through the Under Secretary of Defense for SA 3097. Mrs. SHAHEEN submitted tion specified in this subsection to be in- Personnel and Readiness, develop and imple- an amendment intended to be proposed cluded in the report of a suspension and de- ment within the Department of Defense a by her to the bill S. 3254, to authorize barment official under subsection (a) is the comprehensive program on the prevention of appropriations for fiscal year 2013 for following: suicide among members of the Armed military activities of the Department (1) The number of open suspension and de- Forces. In developing the program, the Sec- of Defense, for military construction, barment cases of such official as of the date retary shall consider recommendations from and for defense activities of the De- of such report. the operational elements of the Armed partment of Energy, to prescribe mili- (2) The current average processing time for Forces regarding the feasibility of the imple- mentation and execution of particular ele- tary personnel strengths for such fiscal suspension and debarment cases. (3) The target goal of such official for aver- ments of the program. year, and for other purposes; which was age processing time for suspension and de- (b) ELEMENTS.—The comprehensive pro- ordered to lie on the table; as follows: barment proposals. gram required by subsection (a) shall include At the end of subtitle H of title X, add the (4) If the average time required for such of- elements to achieve the following: following: ficial to process suspension and debarment (1) To raise awareness among members of SEC. 1084. REPORTS BY FEDERAL AGENCIES proposals is more than twice the target goal the Armed Forces about mental health con- WITH CONSTRUCTION CONTRACTS specified under paragraph (3)— ditions and the stigma associated with men- IN AFGHANISTAN THAT DO NOT (A) an explanation why the average time tal health conditions and mental health COMPLY WITH INSPECTOR GENERAL exceeds the target goal by more than twice care. RECOMMENDATIONS ON REIM- (2) To provide members of the Armed BURSEMENT FOR POOR CON- the target goal; and TRACTOR PERFORMANCE, COST (B) a description of the actions to be taken Forces generally, members of the Armed OVERRUNS, OR OTHER REASONS. by such official to ensure that the average Forces in supervisory positions (including of- (a) IN GENERAL.—Not later than 30 days processing time for suspension and debar- ficers in command billets and non-commis- after the end of the 60-day period for an au- ment proposals meets the target goal. sioned officers), and medical personnel of the dited establishment to respond to a covered Armed Forces and the Department of De- final audit report submitted to the establish- SA 3099. Mrs. MURRAY (for herself, fense with effective means of identifying ment by an Inspector General under section Ms. MIKULSKI, Mr. DURBIN, and Mr. members of the Armed Forces who are at 5 of the Inspector General Act of 1978 (5 BAUCUS) submitted an amendment in- risk for suicide (including enhanced means U.S.C. App.) or 30 days after the establish- tended to be proposed by her to the bill for early identification and treatment of ment responds to a covered audit report with S. 3254, to authorize appropriations for such members). a non-concur or partial concur response, the fiscal year 2013 for military activities (3) To provide members of the Armed head of the establishment shall submit to Forces who are at risk of suicide with con- Congress a report with an explanation for of the Department of Defense, for mili- tinuous access to suicide prevention serv- the failure to respond or the non-concur or tary construction, and for defense ac- ices, including suicide crisis services. partial concur response. tivities of the Department of Energy, (4) To evaluate and assess the effectiveness (b) DEFINITIONS.—In this section: to prescribe military personnel of the suicide prevention and resilience pro- (1) The term ‘‘covered final audit report’’ strengths for such fiscal year, and for grams and preventative behavioral health means a final audit report issued by an In- other purposes; as follows: programs of the Department of Defense (in- spector General under the Inspector General At the end of title VII, add the following: cluding those of the military departments Act of 1978 that includes a recommendation and the Armed Forces), including the devel- Subtitle E—Mental Health Care Matters for an establishment to seek reimbursement opment of metrics for that purpose. for failure by a contractor or subcontractor SEC. 751. ENHANCEMENT OF OVERSIGHT AND (5) To evaluate and assess the current diag- to successfully complete a construction con- MANAGEMENT OF DEPARTMENT OF nostic tools and treatment methods in the DEFENSE SUICIDE PREVENTION tract in Afghanistan due to poor contractor AND RESILIENCE PROGRAMS. programs referred to in paragraph (4) in performance, cost-overruns, or other reasons (a) IN GENERAL.—The Secretary of Defense order to ensure clinical best practices are that would, if implemented, result in at least shall, acting through the Under Secretary of used in such programs. $2,000,000 in savings. Defense for Personnel and Readiness, estab- (6) To ensure that the programs referred to (2) The terms ‘‘establishment’’ and ‘‘head lish within the Office of the Secretary of De- in paragraph (4) incorporate evidenced-based of the establishment’’ have the meanings fense a position with responsibility for over- practices when available. given such terms in section 11 of the Inspec- sight and management of all suicide preven- (7) To provide for the training of mental tor General Act of 1978. tion and resilience programs and all prevent- health care providers on evidence-based ative behavioral health programs of the De- therapies in connection with suicide preven- SA 3098. Mrs. SHAHEEN (for herself partment of Defense (including those of the tion. and Ms. AYOTTE) submitted an amend- military departments and the Armed (8) To establish training standards for be- ment intended to be proposed by her to Forces). havioral health care providers in order to en- the bill S. 3254, to authorize appropria- (b) SCOPE OF RESPONSIBILITIES.—The indi- sure that such providers receive training on tions for fiscal year 2013 for military vidual serving in the position established clinical best practices and evidence-based activities of the Department of De- pursuant to subsection (a) shall have the re- treatments as information on such practices fense, for military construction, and sponsibilities as follows: and treatments becomes available, and to (1) To establish a uniform definition of re- ensure such standards are met. for defense activities of the Depart- siliency for use in the suicide prevention and (9) To provide for the integration of mental ment of Energy, to prescribe military resilience programs and preventative behav- health screenings and suicide risk and pre- personnel strengths for such fiscal ioral health programs of the Department of vention for members of the Armed Forces year, and for other purposes; which was Defense (including those of the military de- into the delivery of primary care for such ordered to lie on the table; as follows: partments and the Armed Forces). members.

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00106 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.002 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15717 (10) To ensure appropriate responses to at- committees of Congress a report setting fairs jointly certify to Congress that the Sec- tempted or completed suicides among mem- forth an assessment of the implementation retaries have fully implemented an inte- bers of the Armed Forces, including guidance of the requirements of this section during grated electronic health record for members and training to assist commanders in ad- the one-year period ending on the date of the of the Armed Forces that is fully interoper- dressing incidents of attempted or completed report under this paragraph. Each report able between the Department of Defense and suicide within their units. shall include, in particular, an assessment of the Department of Veterans Affairs. (11) To ensure the protection of the privacy the extent to which the quality assurance SEC. 756. PARTICIPATION OF MEMBERS OF THE of members of the Armed Forces seeking or program under the requirements of this sec- ARMED FORCES IN PEER SUPPORT receiving treatment relating to suicide. tion meets the objectives specified in sub- COUNSELING PROGRAMS OF THE (12) Such other matters as the Secretary of section (b). DEPARTMENT OF VETERANS AF- Defense considers appropriate in connection (3) APPROPRIATE COMMITTEES OF CONGRESS FAIRS. with the prevention of suicide among mem- DEFINED.—In this subsection, the term ‘‘ap- (a) PARTICIPATION.— bers of the Armed Forces. propriate committees of Congress’’ means— (1) IN GENERAL.—The Secretary of Defense (c) CONSULTATION.—In developing and im- (A) the Committee on Armed Services and and the Secretary of Veterans Affairs shall plementing the comprehensive program re- the Committee on Veterans’ Affairs of the jointly enter into a memorandum of under- quired by subsection (a), the Under Sec- Senate; and standing providing for members of the retary shall consult with appropriate offi- (B) the Committee on Armed Services and Armed Forces described in subsection (b) to cials and elements of the Department of De- the Committee on Veterans’ Affairs of the volunteer or be considered for employment fense, appropriate centers of excellence with- House of Representatives. as peer counselors under the following: in the Department of Defense, and other pub- SEC. 754. ASSESSMENT OF ADEQUACY OF MEN- (A) The peer support counseling program lic and private entities with expertise in TAL HEALTH CARE BENEFITS carried out by the Secretary of Veterans Af- mental health and suicide prevention. UNDER THE TRICARE PROGRAM. fairs under subsection (j) of section 1720F of (d) IMPLEMENTATION BY THE ARMED (a) INDEPENDENT ASSESSMENT REQUIRED.— title 38, United States Code, as part of the FORCES.—In implementing the comprehen- Not later than 180 days after the date of the comprehensive program for suicide preven- sive program required by subsection (a) with enactment of this Act, the Secretary of De- tion among veterans under subsection (a) of respect to an Armed Force, the Secretary of fense shall, in consultation with the Sec- such section. the military department concerned may, in retary of Health and Human Services, enter (B) The peer support counseling program consultation with the Under Secretary and into a contract with an appropriate inde- carried out by the Secretary of Veterans Af- with the approval of the Secretary of De- pendent entity to assess whether the mental fairs under section 304(a)(1) of the Caregivers fense, modify particular elements of the pro- health care benefits available for members of and Veterans Omnibus Health Services Act gram in order to adapt the program appro- the Armed Forces and other covered bene- of 2010 (Public Law 111–163; 124 Stat. 1150; 38 priately to the unique culture and elements ficiaries under the TRICARE program are U.S.C. 1712A note). of that Armed Force. adequate to meet the needs of such members (2) TRAINING.—Any member participating (e) QUALITY ASSURANCE.—In developing and and beneficiaries for mental health care. in a peer support counseling program under implementing the comprehensive program (b) REPORT.—The contract required by sub- paragraph (1) shall receive the training for required by subsection (a), the Under Sec- section (a) shall require the entity con- peer counselors under section 1720F(j)(2) of retary shall develop and implement appro- ducting the assessment required by the con- title 38, United States Code, or section 304(c) priate mechanisms to provide for the over- tract to submit to the Secretary of Defense, of the Caregivers and Veterans Omnibus sight and management of the program, in- and to the congressional defense commit- Health Services Act of 2010, as applicable, be- cluding quality measures to assess the effi- tees, a report setting forth the results of the fore performing peer support counseling du- cacy of the program in preventing suicide assessment by not later than 180 days after ties under such program. among members of the Armed Forces. the date of entry into the contract. If the en- (b) COVERED MEMBERS.—Members of the SEC. 753. QUALITY REVIEW OF MEDICAL EVALUA- tity determines pursuant to the assessment Armed Forces described in this subsection TION BOARDS, PHYSICAL EVALUA- that the mental health care benefits avail- are the following: TION BOARDS, AND PHYSICAL EVAL- UATION BOARD LIAISON OFFICERS. able for members of the Armed Forces and (1) Members of the reserve components of other covered beneficiaries under the the Armed Forces who are demobilizing after (a) IN GENERAL.—The Secretary of Defense shall standardize, assess, and monitor the TRICARE program are not adequate to meet deployment in a theater of combat oper- quality assurance programs of the military the needs of such members and beneficiaries ations, including, in particular, members departments to evaluate the following in the for mental health care, the report shall in- who participated in combat against the performance of their duties (including duties clude such recommendations for legislative enemy while so deployed. under chapter 61 of title 10, United States or administrative action as the entity con- (2) Members of the regular components of Code): siders appropriate to remediate any identi- the Armed Forces separating from active (1) Medical Evaluation Boards (MEBs). fied inadequacy. duty who have been deployed in a theater of (2) Physical Evaluation Boards (PEBs). (c) DEFINITIONS.—In this section: combat operations in which such members (3) Physical Evaluation Board Liaison Offi- (1) The term ‘‘covered beneficiaries’’ has participated in combat against the enemy. cers (PEBLOs). the meaning given that term in section SEC. 757. RESEARCH AND MEDICAL PRACTICE ON (b) OBJECTIVES.—The objectives of the 1072(5) of title 10, United States Code. MENTAL HEALTH CONDITIONS. quality assurance program shall be as fol- (2) The term ‘‘TRICARE program’’ has the (a) DEPARTMENT OF DEFENSE ORGANIZATION lows: meaning given that term in section 1072(7) of ON RESEARCH AND PRACTICE.—The Secretary (1) To ensure accuracy and consistency in title 10, United States Code. of Defense shall establish within the Depart- the determinations and decisions of Medical SEC. 755. SHARING BETWEEN DEPARTMENT OF ment of Defense an organization to carry out Evaluation Boards and Physical Evaluation DEFENSE AND DEPARTMENT OF the responsibilities specified in subsection Boards. VETERANS AFFAIRS OF RECORDS (b). AND INFORMATION RETAINED (b) RESPONSIBILITIES.—The organization es- (2) To otherwise monitor and sustain prop- UNDER THE MEDICAL TRACKING er performance of the duties of Medical Eval- SYSTEM FOR MEMBERS OF THE tablished under subsection (a) shall— uation Boards and Physical Evaluation ARMED FORCES DEPLOYED OVER- (1) carry out programs and activities de- Boards, and of Physical Evaluation Board Li- SEAS. signed to provide for the translation of re- aison Officers. (a) IN GENERAL.—The Secretary of Defense search on the diagnosis and treatment of (3) Such other objectives as the Secretary and the Secretary of Veterans Affairs shall mental health conditions into policy on med- shall specify for purposes of the quality as- jointly enter into a memorandum of under- ical practices; surance program. standing providing for the sharing by the De- (2) make recommendations to the Assist- (c) REPORTS.— partment of Defense with the Department of ant Secretary of Defense for Health Affairs (1) REPORT ON IMPLEMENTATION.—Not later Veterans Affairs of the results of examina- on the translation of such research into the than 180 days after the date of the enactment tions and other records on members of the policies of the Department of Defense on of this Act, the Secretary shall submit to the Armed Forces that are retained and main- medical practices with respect to members appropriate committees of Congress a report tained with respect to the medical tracking of the Armed Forces; and setting forth the plan of the Secretary for system for members deployed overseas under (3) discharge such other responsibilities re- the implementation of the requirements of section 1074f(c) of title 10, United States lating to research and medical practices on this section. Code. mental health conditions, and the policies of (2) ANNUAL REPORTS.—Not later than one (b) CESSATION UPON IMPLEMENTATION OF the Department on such practices with re- year after the date of the submittal of the ELECTRONIC HEALTH RECORD.—The sharing spect to members of the Armed Forces, as report required by paragraph (1), and annu- required pursuant to subsection (a) shall the Secretary or the Assistant Secretary ally thereafter for the next four years, the cease on the date on which the Secretary of shall specify for purposes of this section. Secretary shall submit to the appropriate Defense and the Secretary of Veterans Af- (c) REPORTS.—

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(1) INITIAL REPORT.—Not later than 120 patient clinics. Such guidelines shall include ployees of the Veterans Health Administra- days after the date of the enactment of this productivity standards for providers of men- tion who were providers of mental health Act, the Secretary shall submit to Congress tal health care. care. a report on the organization required by sub- (c) STUDY COMMITTEE.— (4) PERIODIC REPORTS TO SECRETARY.—In section (a). The report shall include a de- (1) IN GENERAL.—The Secretary shall seek entering into the contract described in para- scription of the organization and a plan for to enter into a contract with the National graph (1), the Secretary shall, with respect implementing the requirements of this sec- Academy of Sciences to create a study com- to paragraph (1)(A), include in such contract tion. mittee— a provision for the submittal to the Sec- (2) ANNUAL REPORTS.—The Secretary shall (A) to consult with the Secretary on the retary of periodic reports and provision of submit to Congress each year a report on the Secretary’s development and implementa- other consultation to the Secretary by the activities of the organization established tion of the measures and guidelines required study committee to assist the Secretary in under subsection (a) during the preceding by subsections (a) and (b); and carrying out subsections (a) and (b). year. Each report shall include the following: (B) to conduct an assessment and provide (5) REPORTS TO CONGRESS.—Not later than (A) A summary description of the activi- an analysis and recommendations on the 30 days after receiving a report under para- ties of the organization during the preceding state of Department mental health services. graph (4), the Secretary shall submit to the year. (2) FUNCTIONS.—In entering into the con- Committee on Veterans’ Affairs of the Sen- (B) A description of the recommendations tract described in paragraph (1), the Sec- ate and the Committee on Veterans’ Affairs made by the organization to the Assistant retary shall, with respect to paragraph of the House of Representatives a report on Secretary under subsection (b)(2) during the (1)(B), include in such contract a provision the plans of the Secretary to implement such year, and a description of the actions under- for the study committee— recommendations submitted to the Sec- taken (or to be undertaken) by the Assistant (A) to conduct a comprehensive assessment retary by the study committee as the Sec- Secretary in response to such recommenda- of barriers to access to mental health care retary considers appropriate. Such report tions. by veterans who served in the Armed Forces shall include a description of each rec- (C) Such other matters relating to the ac- in Operation Enduring Freedom, Operation ommendation submitted to the Secretary tivities of the organization, including rec- Iraqi Freedom, or Operation New Dawn; that the Secretary does not plan to carry out ommendations for additional legislative or (B) to assess the quality of the mental and an explanation of why the Secretary administrative action, as the Secretary, in health care being provided to such veterans does not plan to carry out such recommenda- consultation with the Assistant Secretary, (including the extent to which veterans are tion. considers appropriate. afforded choices with respect to modes of (d) PUBLICATION.— SEC. 758. DISPOSAL OF CONTROLLED SUB- treatment) through site visits to facilities of (1) IN GENERAL.—The Secretary shall make STANCES. the Veterans Health Administration (includ- available to the public on an Internet (a) MEMBERS OF THE ARMED FORCES.—The ing at least one site visit in each Veterans website of the Department the following: Administrator of the Drug Enforcement Ad- Integrated Service Network), evaluating (A) The measures and guidelines developed ministration shall enter into a memorandum studies of patient outcomes, and other ap- and implemented under this section. of understanding with the Secretary of De- propriate means; (B) An assessment of the performance of fense establishing procedures under which a (C) to assess whether, and the extent to the Department using such measures and member of the Armed Forces may deliver a which, veterans who served in the Armed guidelines. controlled substance to a member of the Forces in Operation Enduring Freedom, Op- (2) QUARTERLY UPDATES.—The Secretary Armed Forces or an employee of the Depart- eration Iraqi Freedom, or Operation New shall update the measures, guidelines, and ment of Defense to be disposed of in accord- Dawn are being offered a full range of nec- assessment made available to the public ance with section 302(g) of the Controlled essary mental health services at Department under paragraph (1) not less frequently than Substances Act (21 U.S.C. 822(g)). health care facilities, including early inter- quarterly. (b) VETERANS.— vention services for hazardous drinking, re- (e) SEMIANNUAL REPORTS.— (1) IN GENERAL.—The Administrator shall lationship problems, and other behaviors (1) IN GENERAL.—Not later than June 30, enter into a memorandum of understanding that create a risk for the development of a 2013, and not less frequently than twice each with the Secretary of Veterans Affairs estab- chronic mental health condition; year thereafter, the Secretary shall submit lishing procedures under which a veteran (D) to conduct surveys or have access to to the Committee on Veterans’ Affairs of the may deliver a controlled substance to an em- Department-administered surveys of— Senate and the Committee on Veterans’ Af- ployee of the Department of Veterans Affairs (i) providers of Department mental health fairs of the House of Representatives a re- to be disposed of in accordance with section services; port on the Secretary’s progress in devel- 302(g) of the Controlled Substances Act. (ii) veterans who served in the Armed oping and implementing the measures and (2) VETERAN DEFINED.—In this subsection, Forces in Operation Enduring Freedom, Op- guidelines required by this section. the term ‘‘veteran’’ has the meaning given eration Iraqi Freedom, or Operation New (2) ELEMENTS.—Each report submitted that term in section 101 of title 38, United Dawn who are receiving mental health care under paragraph (1) shall include the fol- States Code. furnished by the Department; and lowing: SEC. 759. TRANSPARENCY OF MENTAL HEALTH (iii) eligible veterans who served in the (A) A description of the development and CARE SERVICES. Armed Forces in Operation Enduring Free- implementation of the measures required by (a) MEASUREMENT OF MENTAL HEALTH CARE dom, Operation Iraqi Freedom, or Operation subsection (a) and the guidelines required by SERVICES.— New Dawn who are not using Department subsection (b). (1) IN GENERAL.—Not later than December health care services to assess those barriers (B) A description of the progress made by 31, 2013, the Secretary of Veterans Affairs described in subparagraph (A); and the Secretary in developing and imple- shall develop and implement a comprehen- (E) to provide to the Secretary, on the menting such measures and guidelines. sive set of measures to assess mental health basis of its assessments as delineated in sub- (C) An assessment of the mental health care services furnished by the Department of paragraphs (A) through (C), specific, detailed care services furnished by the Department of Veterans Affairs. recommendations— Veterans Affairs, using the measures devel- (2) ELEMENTS.—The measures developed (i) for overcoming barriers, and improving oped and implemented under subsection (a). and implemented under paragraph (1) shall access, to timely, effective mental health (D) An assessment of the effectiveness of provide an accurate and comprehensive as- care at Department health care facilities (or, the guidelines developed and implemented sessment of the following: where Department facilities cannot provide under subsection (b). (A) The timeliness of the furnishing of such care, through contract arrangements (E) Such recommendations for legislative mental health care by the Department. under existing law); and or administrative action as the Secretary (B) The satisfaction of patients who re- (ii) to improve the effectiveness and effi- may have to improve the effectiveness and ceive mental health care services furnished ciency of mental health services furnished by efficiency of the mental health care services by the Department. the Secretary. furnished under laws administered by the (C) The capacity of the Department to fur- (3) PARTICIPATION BY FORMER OFFICIALS AND Secretary. nish mental health care. EMPLOYEES OF VETERANS HEALTH ADMINISTRA- (f) IMPLEMENTATION REPORT.— (D) The availability and furnishing of evi- TION.—The Secretary shall ensure that any (1) IN GENERAL.—Not later than 30 days be- dence-based therapies by the Department. contract entered into under paragraph (1) fore the date on which the Secretary begins (b) GUIDELINES FOR STAFFING MENTAL provides for inclusion on any subcommittee implementing the measures and guidelines HEALTH CARE SERVICES.—Not later than De- which participates in conducting the assess- required by this section, the Secretary shall cember 31, 2013, the Secretary shall develop ments and formulating the recommendations submit to the committees described in sub- and implement guidelines for the staffing of provided for in paragraph (2) at least one section (e)(1) a report on the Secretary’s general and specialty mental health care former official of the Veterans Health Ad- planned implementation of such measures services, including at community-based out- ministration and at least two former em- and guidelines.

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(2) ELEMENTS.—The report required by ‘‘(ii) Any individual who is a veteran or for and facilitate the participation of per- paragraph (1) shall include the following: member of the Armed Forces, including a sonnel employed by the Secretary to provide (A) A detailed description of the measures member of a reserve component of the services under this section in recreational and guidelines that the Secretary plans to Armed Forces, who provided direct emer- programs that are— implement under this section. gency medical or mental health care, or ‘‘(1) designed to encourage the readjust- (B) A description of the rationale for each mortuary services to the causalities of com- ment of veterans described in subsection measure and guideline the Secretary plans to bat operations or hostilities, but who at the (a)(1)(C); and implement under this section. time was located outside the theater of com- ‘‘(2) operated by any organization named in (C) A discussion of each measure and bat operations or area of hostilities. or approved under section 5902 of this title.’’. guideline that the Secretary considered ‘‘(iii) Any individual who is a veteran or SEC. 761. AUTHORITY FOR SECRETARY OF VET- under this section but chose not to imple- member of the Armed Forces, including a ERANS AFFAIRS TO FURNISH MEN- ment. member of a reserve component of the TAL HEALTH CARE THROUGH FA- (D) The number of current vacancies in Armed Forces, who engaged in combat with CILITIES OTHER THAN VET CEN- TERS TO IMMEDIATE FAMILY MEM- mental health care provider positions in the an enemy of the United States or against an Department. BERS OF MEMBERS OF THE ARMED opposing military force in a theater of com- FORCES DEPLOYED IN CONNECTION (E) An assessment of how many additional bat operations or an area at a time during WITH A CONTINGENCY OPERATION. positions are needed to meet current or ex- which hostilities occurred in that area by re- (a) IN GENERAL.—Subject to the avail- pected demand for mental health services motely controlling an unmanned aerial vehi- ability of appropriations and subsection (b), furnished by the Department. cle, notwithstanding whether the physical the Secretary of Veterans Affairs, in addi- SEC. 760. EXPANSION OF VET CENTER PROGRAM location of such veteran or member during tion to furnishing mental health care to fam- TO INCLUDE FURNISHING COUN- such combat was within such theater of com- ily members of members of the Armed SELING TO CERTAIN MEMBERS OF bat operations or area. Forces through Vet Centers under section THE ARMED FORCES AND THEIR FAMILY MEMBERS. ‘‘(iv) Any individual who received coun- 1712A of title 38, United States Code, may Section 1712A of title 38, United States seling under this section before the date of furnish mental health care to immediate Code, is amended— the enactment of the National Defense Au- family members of members of the Armed (1) in subsection (a)— thorization Act for Fiscal Year 2013. Forces while such members are deployed in (A) in paragraph (1)— ‘‘(v) Any individual who is a family mem- connection with a contingency operation (as (i) in subparagraph (A), by striking ‘‘Upon ber of any— defined in section 101 of title 10, United the request’’ and all that follows through the ‘‘(I) member of the Armed Forces, includ- States Code) through Department of Vet- period at the end and inserting the following: ing a member of a reserve component of the erans Affairs medical facilities, telemental ‘‘Upon the request of any individual referred Armed Forces, who is serving on active duty health modalities, and such community, to in subparagraph (C), the Secretary shall in a theater of combat operations or in an nonprofit, private, and other third parties as furnish counseling, including by furnishing area at a time during which hostilities are the Secretary considers appropriate. (b) LIMITATION.—The Secretary may fur- counseling through a Vet Center, to the indi- occurring in that area; or nish mental health care under subsection (a) vidual— ‘‘(II) veteran or member of the Armed only to the extent that resources and facili- ‘‘(i) in the case of an individual referred to Forces described in this subparagraph.’’; ties are available and only to the extent that in clauses (i) through (iv) of subparagraph (B) by striking paragraph (2); (C) by redesignating paragraph (3) as para- the furnishing of such care does not interfere (C), to assist the individual in readjusting to with the provision of care to veterans. civilian life; and graph (2); and (D) in paragraph (2), as redesignated by (c) NO ELIGIBILITY FOR TRAVEL REIMBURSE- ‘‘(ii) in the case of an individual referred to MENT.—A family member to whom the Sec- in clause (v) of such subparagraph who is a subparagraph (C)— (i) by striking ‘‘a veteran described in retary furnishes mental health care under family member of a veteran or member de- subsection (a) shall not be eligible for pay- scribed in such clause— paragraph (1)(B)(iii)’’ and inserting ‘‘an indi- vidual described in paragraph (1)(C)’’; and ments or allowances under section 111 of ‘‘(I) in the case of a member who is de- title 38, United States Code, for such mental ployed in a theater of combat operations or (ii) by striking ‘‘the veteran a preliminary general mental health assessment’’ and in- health care. an area at a time during which hostilities (d) SUNSET.—The authority to furnish med- serting ‘‘the individual a comprehensive in- are occurring in that area, during such de- ical health care under subsection (a) shall dividual assessment as described in para- ployment to assist such individual in coping expire on the date that is three years after graph (1)(B)’’; with such deployment; and the date of the enactment of this Act. ‘‘(II) in the case of a veteran or member (2) in subsection (b)(1), by striking ‘‘physi- (e) VET CENTER DEFINED.—In this section, who is readjusting to civilian life, to the de- cian or psychologist’’ each place it appears the term ‘‘Vet Center’’ has the meaning gree that counseling furnished to such indi- and inserting ‘‘licensed or certified mental given the term in section 1712A(g) of title 38, vidual is found to aid in the readjustment of health care provider’’; United States Code, as amended by section such veteran or member to civilian life.’’; (3) in subsection (g)— 760(3) of this Act. and (A) by amending paragraph (1) to read as SEC. 762. ORGANIZATION OF THE READJUST- (ii) by striking subparagraph (B) and in- follows: MENT COUNSELING SERVICE IN DE- serting the following new subparagraphs: ‘‘(1) The term ‘Vet Center’ means a facility PARTMENT OF VETERANS AFFAIRS. ‘‘(B) Counseling furnished to an individual which is operated by the Department for the (a) IN GENERAL.—Subchapter I of chapter under subparagraph (A) may include a com- provision of services under this section and 73 of title 38, United States Code, is amended prehensive individual assessment of the indi- which is situated apart from Department by adding at the end the following new sec- vidual’s psychological, social, and other general health care facilities.’’; and tion: characteristics to ascertain whether— (B) by adding at the end the following new ‘‘§ 7309. Readjustment Counseling Service ‘‘(i) in the case of an individual referred to paragraph: ‘‘(a) IN GENERAL.—There is in the Veterans in clauses (i) through (iv) of subparagraph ‘‘(3) The term ‘family member’, with re- Health Administration a Readjustment (C), such individual has difficulties associ- spect to a veteran or member of the Armed Counseling Service. The Readjustment Coun- ated with readjusting to civilian life; and Forces, means an individual who— seling Service shall provide readjustment ‘‘(ii) in the case of an individual referred to ‘‘(A) is a member of the family of the vet- counseling and associated services to indi- in clause (v) of such subparagraph, such indi- eran or member, including— viduals in accordance with section 1712A of vidual has difficulties associated with— ‘‘(i) a parent; this title. ‘‘(I) coping with the deployment of a mem- ‘‘(ii) a spouse; ‘‘(b) CHIEF OFFICER.—(1) The head of the ber described in subclause (I) of such clause; ‘‘(iii) a child; Readjustment Counseling Service shall be or ‘‘(iv) a step-family member; and the Chief Officer of the Readjustment Coun- ‘‘(II) readjustment to civilian life of a vet- ‘‘(v) an extended family member; or seling Service (in this section the ‘Chief Offi- eran or member described in subclause (II) of ‘‘(B) lives with the veteran or member but cer’), who shall report directly to the Under such clause. is not a member of the family of the veteran Secretary for Health. ‘‘(C) Subparagraph (A) applies to the fol- or member.’’; and ‘‘(2) The Chief Officer shall be appointed by lowing individuals: (4) by redesignating subsection (g), as the Under Secretary for Health from among ‘‘(i) Any individual who is a veteran or amended by paragraph (3), as subsection (h) individuals who— member of the Armed Forces, including a and inserting after subsection (f) the fol- ‘‘(A)(i) are psychologists who hold a di- member of a reserve component of the lowing new subsection (g): ploma as a doctorate in clinical or coun- Armed Forces, who served on active duty in ‘‘(g) In carrying out this section and in fur- seling psychology from an authority ap- a theater of combat operations or an area at therance of the Secretary’s responsibility to proved by the American Psychological Asso- a time during which hostilities occurred in carry out outreach activities under chapter ciation and who have successfully undergone that area. 63 of this title, the Secretary may provide an internship approved by that association;

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‘‘(ii) are holders of a master in social work ‘‘(7) A Readjustment Counseling Service.’’. WHO SERVED IN OPERATION ENDURING FREE- degree; or SEC. 763. RECRUITING MENTAL HEALTH PRO- DOM AND OPERATION IRAQI FREEDOM.— ‘‘(iii) hold such other advanced degrees re- VIDERS FOR FURNISHING OF MEN- (1) IN GENERAL.—Section 304 of the Care- lated to mental health as the Secretary con- TAL HEALTH SERVICES ON BEHALF givers and Veterans Omnibus Health Serv- siders appropriate; OF THE DEPARTMENT OF VETERANS ices Act of 2010 (38 U.S.C. 1712A note; Public ‘‘(B) have at least three years of experience AFFAIRS WITHOUT COMPENSATION Law 111–163) is amended— FROM THE DEPARTMENT. providing direct counseling services or out- (A) by redesignating subsection (e) as sub- (a) IN GENERAL.—The Secretary of Vet- reach services in the Readjustment Coun- erans Affairs shall carry out a national pro- section (f); and seling Service; gram of outreach to societies, community (B) by inserting after subsection (d) the ‘‘(C) have at least three years of experience organizations, nonprofit organizations, or following new subsection (e): administrating direct counseling services or government entities in order to recruit men- ‘‘(e) PROVISION OF PEER OUTREACH AND outreach services in the Readjustment Coun- tal health providers, who meet the quality PEER SUPPORT SERVICES AT DEPARTMENT seling Service; standards and requirements of the Depart- MEDICAL CENTERS.—The Secretary shall ‘‘(D) meet the quality standards and re- ment of Veterans Affairs, to provide mental carry out the services required by subpara- quirements of the Department; and health services for the Department on a graphs (A) and (B) of subsection (a)(1) at ‘‘(E) are veterans who served in combat as part-time, without-compensation basis, each Department medical center.’’. members of the Armed Forces. under section 7405 of title 38, United States (2) DEADLINE.—The Secretary of Veterans ‘‘(c) STRUCTURE.—(1) The Readjustment Code. Affairs shall commence carrying out the Counseling Service is a distinct organiza- (b) PARTNERING WITH AND DEVELOPING COM- services required by subparagraphs (A) and tional element within Veterans Health Ad- MUNITY ENTITIES AND NONPROFIT ORGANIZA- (B) of subsection (a)(1) of such section at ministration. TIONS.—In carrying out the program required each Department of Veterans Affairs medical ‘‘(2) The Readjustment Counseling Service by subsection (a), the Secretary may partner center, as required by subsection (e) of such shall provide counseling and services as de- with a community entity or nonprofit orga- section (as added by paragraph (1)), not later scribed in subsection (a). nization or assist in the development of a than 270 days after the date of the enactment ‘‘(3) The Chief Officer shall have direct au- of this Act. thority over all Readjustment Counseling community entity or nonprofit organization, Service staff and assets, including Vet Cen- including by entering into an agreement under section 8153 of title 38, United States SA 3100. Mr. JOHNSON of South Da- ters. kota submitted an amendment in- ‘‘(d) SOURCE OF FUNDS.—(1) Amounts for Code, that provides strategic coordination of the activities of the Readjustment Coun- the societies, organizations, and government tended to be proposed by him to the seling Service, including the operations of entities described in subsection (a) in order bill S. 3254, to authorize appropriations its Vet Centers, shall be derived from to maximize the availability and efficient for fiscal year 2013 for military activi- amounts appropriated for the Veterans delivery of mental health services to vet- ties of the Department of Defense, for Health Administration for medical care. erans by such societies, organizations, and military construction, and for defense government entities. ‘‘(2) Amounts for activities of the Read- activities of the Department of Energy, justment Counseling Service, including the (c) MILITARY CULTURE TRAINING.—In car- operations of its Vet Centers, shall not be al- rying out the program required by sub- to prescribe military personnel located through the Veterans Equitable Re- section (a), the Secretary shall provide strengths for such fiscal year, and for source Allocation system. training to mental health providers to en- other purposes; which was ordered to ‘‘(3) In each budget request submitted for sure that clinicians who provide mental lie on the table; as follows: health services as described in such sub- the Department of Veterans Affairs by the At the end of subtitle H of title X, add the section have sufficient understanding of President to Congress under section 1105 of following: title 31, the budget request for the Readjust- military- and service-specific culture, com- bat experience, and other factors that are SEC. 1084. RECOGNITION AS CORPORATION AND ment Counseling Service shall be listed sepa- GRANT OF FEDERAL CHARTER FOR rately. unique to the experience of veterans who NATIONAL AMERICAN INDIAN VET- ‘‘(e) ANNUAL REPORT.—(1) Not later than served in Operation Enduring Freedom, Op- ERANS, INCORPORATED. March 15 of each year, the Secretary shall erating Iraqi Freedom, or Operation New (a) IN GENERAL.—Part B of subtitle II of submit to the Committee on Veterans’ Af- Dawn. title 36, United States Code, is amended by fairs of the Senate and the Committee on SEC. 764. PEER SUPPORT. inserting after chapter 1503 the following Veterans’ Affairs of the House of Representa- (a) PEER SUPPORT COUNSELING PROGRAM.— new chapter: tives a report on the activities of the Read- (1) PROGRAM REQUIRED.—Paragraph (1) of ‘‘CHAPTER 1504—NATIONAL AMERICAN justment Counseling Service during the pre- section 1720F(j) of title 38, United States INDIAN VETERANS, INCORPORATED ceding calendar year. Code, is amended in the matter before sub- ‘‘(2) Each report submitted under para- paragraph (A) by striking ‘‘may’’ and insert- ‘‘Sec graph (1) shall include, with respect to the ing ‘‘shall’’. ‘‘150401. Organization period covered by the report, the following: (2) TRAINING.—Paragraph (2) of such sec- ‘‘150402. Purposes ‘‘(A) A summary of the activities of the tion is amended by inserting after ‘‘peer ‘‘150403. Membership Readjustment Counseling Service, including counselors’’ the following: ‘‘, including train- ‘‘150404. Board of directors Vet Centers. ing carried out under the national program ‘‘150405. Officers ‘‘(B) A description of the workload and ad- of training required by section 304(c) of the ‘‘150406. Nondiscrimination ditional treatment capacity of the Vet Cen- Caregivers and Veterans Omnibus Health ‘‘150407. Powers ters, including, for each Vet Center, the Services Act of 2010 (38 U.S.C. 1712A note; ‘‘150408. Exclusive right to name, seals, em- ratio of the number of full-time equivalent Public Law 111–163)’’. blems, and badges employees at such Vet Center and the num- (3) AVAILABILITY OF PROGRAM AT DEPART- ‘‘150409. Restrictions ber of individuals who received services or MENT MEDICAL CENTERS.—Such section is ‘‘150410. Duty to maintain tax-exempt status assistance at such Vet Center. amended by adding at the end the following ‘‘150411. Records and inspection ‘‘(C) A detailed analysis of demand for and new paragraph: ‘‘150412. Service of process unmet need for readjustment counseling ‘‘(3) In addition to other locations the Sec- ‘‘150413. Liability for acts of officers and services and the Secretary’s plan for meeting retary considers appropriate, the Secretary agents such unmet need. shall carry out the peer support program ‘‘150414. Failure to comply with requirements ‘‘(f) VET CENTER DEFINED.—In this section, under this subsection at each Department ‘‘150415. Annual report the term ‘Vet Center’ has the meaning given medical center.’’. ‘‘§ 150401. Organization the term in section 1712A(g) of this title.’’. (4) DEADLINE FOR COMMENCEMENT OF PRO- ‘‘The National American Indian Veterans, (b) CLERICAL AMENDMENT.—The table of GRAM.—The Secretary of Veterans Affairs Incorporated, a nonprofit corporation orga- sections at the beginning of chapter 73 of shall ensure that the peer support counseling nized in the United States (in this chapter such title is amended by inserting after the program required by section 1720F(j) of title referred to as the ‘corporation’), is a feder- item relating to section 7308 the following 38, United States Code, as amended by this ally chartered corporation. new item: subsection, commences at each Department ‘‘7309. Readjustment Counseling Service.’’. of Veterans Affairs medical center not later ‘‘§ 150402. Purposes (c) CONFORMING AMENDMENTS.—Section than 270 days after the date of the enactment ‘‘The purposes of the corporation are those 7305 of such title is amended— of this Act. stated in its articles of incorporation, con- (1) by redesignating paragraph (7) as para- (b) PEER OUTREACH AND PEER SUPPORT stitution, and bylaws, and include a commit- graph (8); and SERVICES AT DEPARTMENT MEDICAL CENTERS ment— (2) by inserting after paragraph (6) the fol- UNDER PROGRAM ON READJUSTMENT AND MEN- ‘‘(1) to uphold and defend the Constitution lowing new paragraph (7): TAL HEALTH CARE SERVICES FOR VETERANS of the United States while respecting the

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sovereignty of the American Indian, Alaska ‘‘(b) CONSTRUCTION.—Nothing in this sec- activities of the corporation during the pre- Native, and Native Hawaiian Nations; tion shall be construed to interfere or con- ceding fiscal year. ‘‘(2) to unite under one body all American flict with established or vested rights. ‘‘(b) SUBMITTAL DATE.—Each annual report Indian, Alaska Native, and Native Hawaiian ‘‘§ 150409. Restrictions under this section shall be submitted at the veterans who served in the Armed Forces of ‘‘(a) STOCK AND DIVIDENDS.—The corpora- same time as the report of the audit of the United States; tion shall have no power to issue any shares corporation required by section 10101(b) of ‘‘(3) to be an advocate on behalf of all of stock nor to declare or pay any dividends. this title. American Indian, Alaska Native, and Native ‘‘(b) DISTRIBUTION OF INCOME OR ASSETS.— ‘‘(c) REPORT NOT PUBLIC DOCUMENT.—No Hawaiian veterans without regard to wheth- (1) No part of the income or assets of the cor- annual report under this section shall be er they served during times of peace, con- poration shall inure to any person who is a printed as a public document.’’. flict, or war; member, officer, or director of the corpora- (b) CLERICAL AMENDMENT.—The table of ‘‘(4) to promote social welfare (including tion or be distributed to any such person chapters at the beginning of subtitle II of educational, economic, social, physical, cul- during the life of the charter granted by this title 36, United States Code, is amended by tural values, and traditional healing) in the chapter. insert after the item relating to chapter 1503 United States by encouraging the growth ‘‘(2) Nothing in this subsection shall be the following new item: and development, readjustment, self-respect, construed to prevent the payment of reason- ‘‘1504. National American Indian Vet- self-confidence, contributions, and self-iden- able compensation to the officers of the cor- erans, Incorporated ...... 150401’’. tity of American Indian veterans; poration, or reimbursement for actual and ‘‘(5) to serve as an advocate for the needs necessary expenses, in amounts approved by SA 3101. Mr. JOHNSON of South Da- of American Indian, Alaska Native, and Na- the board of directors. kota submitted an amendment in- tive Hawaiian veterans, their families, or ‘‘(c) LOANS.—The corporation shall not make any loan to any officer, director, mem- tended to be proposed by him to the survivors in their dealings with all Federal bill S. 3254, to authorize appropriations and State government agencies; ber, or employee of the corporation. ‘‘(6) to promote, support, and utilize re- ‘‘(d) NO FEDERAL ENDORSEMENT.—The cor- for fiscal year 2013 for military activi- search, on a nonpartisan basis, pertaining to poration shall not claim congressional ap- ties of the Department of Defense, for the relationship between the American In- proval or Federal Government authority by military construction, and for defense dian, Alaska Native, and Native Hawaiian virtue of the charter granted by this chapter activities of the Department of Energy, veterans and American society; and for any of its activities. to prescribe military personnel ‘‘(7) to provide technical assistance to the ‘‘§ 150410. Duty to maintain tax-exempt status strengths for such fiscal year, and for 12 regional areas without veterans commit- ‘‘The corporation shall maintain its status other purposes; which was ordered to as an organization exempt from taxation as tees or organizations and programs by— lie on the table; as follows: ‘‘(A) providing outreach service to those provided in the Internal Revenue Code of Tribes in need; and 1986. At the end of subtitle A of title V, add the ‘‘(B) training and educating Tribal Vet- ‘‘§ 150411. Records and inspection following: erans Service Officers for those Tribes in ‘‘(a) RECORDS.—The corporation shall SEC. 505. APPOINTMENT AND GRADE OF CHIEF need. keep— OF THE ARMY MEDICAL SPECIALIST CORPS. ‘‘(1) correct and complete books and ‘‘§ 150403. Membership Section 3070(b) of title 10, United States records of accounts; ‘‘Subject to section 150406 of this title, eli- Code, is amended— ‘‘(2) minutes of any proceeding of the cor- gibility for membership in the corporation, (1) in the first sentence, by striking ‘‘cap- poration involving any of its members, the and the rights and privileges of members, tain’’ and inserting ‘‘lieutenant colonel’’; board of directors, or any committee having shall be as provided in the constitution and and authority under the board of directors; and by-laws of the corporation. (2) by inserting after the first sentence the ‘‘(3) at its principal office, a record of the following new sentence: ‘‘An appointee who ‘‘§ 150404. Board of directors names and addresses of all members having holds a lower regular grade shall be ap- ‘‘Subject to section 150406 of this title, the the right to vote. pointed in the regular grade of brigadier gen- board of directors of the corporation, and the ‘‘(b) INSPECTION.—(1) All books and records responsibilities of the board, shall be as pro- of the corporation may be inspected by any eral.’’. vided in the constitution and bylaws of the member having the right to vote, or by any corporation and in conformity with the laws agent or attorney of such member, for any SA 3102. Ms. KLOBUCHAR (for her- under which the corporation is incorporated. proper purpose, at any reasonable time. self and Ms. SNOWE) submitted an ‘‘§ 150405. Officers ‘‘(2) Nothing in this section shall be con- amendment intended to be proposed by strued to contravene the laws of the jurisdic- her to the bill S. 3254, to authorize ap- ‘‘Subject to section 150406 of this title, the tion under which the corporation is incor- officers of the corporation, and the election propriations for fiscal year 2013 for porated or the laws of those jurisdictions military activities of the Department of such officers, shall be as provided in the within which the corporation carries on its constitution and bylaws of the corporation activities in furtherance of its purposes of Defense, for military construction, and in conformity with the laws of the juris- within the United States and its territories. and for defense activities of the De- diction under which the corporation is incor- ‘‘§ 150412. Service of process partment of Energy, to prescribe mili- porated. ‘‘With respect to service of process, the tary personnel strengths for such fiscal ‘‘§ 150406. Nondiscrimination corporation shall comply with the laws of year, and for other purposes; which was ‘‘In establishing the conditions of member- the jurisdiction under which the corporation ordered to lie on the table; as follows: ship in the corporation, and in determining is incorporated and those jurisdictions with- At the end of subtitle E of title V, add the the requirements for serving on the board of in which the corporation carries on its ac- following: directors or as an officer of the corporation, tivities in furtherance of its purposes within SEC. 544. RETENTION OF CERTAIN FORMS IN the corporation may not discriminate on the the United States and its territories. CONNECTION WITH RESTRICTED RE- basis of race, color, religion, sex, national or- ‘‘§ 150413. Liability for acts of officers and PORTS ON SEXUAL ASSAULT IN- igin, handicap, or age. agents VOLVING MEMBERS OF THE ARMED ‘‘§ 150407. Powers ‘‘The corporation shall be liable for the FORCES. (a) PERIOD OF RETENTION.—The Secretary ‘‘The corporation shall have only those acts of the officers and agents of the corpora- of Defense shall ensure that all copies of De- powers granted the corporation through its tion when such individuals act within the partment of Defense Form 2910 and Depart- articles of incorporation and its constitution scope of their authority. ment of Defense Form 2911 filed in connec- and bylaws which shall conform to the laws ‘‘§ 150414. Failure to comply with require- tion with a Restricted Report on an incident of the jurisdiction under which the corpora- ments of sexual assault involving a member of the tion is incorporated. ‘‘If the corporation fails to comply with Armed Forces shall be retained for the ‘‘§ 150408. Exclusive right to name, seals, em- any of the restrictions or provisions of this longer of— blems, and badges chapter, including the requirement under (1) 50 years commencing on the date of sig- ‘‘(a) IN GENERAL.—The corporation shall section 150410 of this title to maintain its nature of the member on Department of De- have the sole and exclusive right to use the status as an organization exempt from tax- fense Form 2910; or names ‘National American Indian Veterans, ation, the charter granted by this chapter (2) the time provided for the retention of Incorporated’ and ‘National American Indian shall expire. such forms in connection with Unrestricted Veterans’, and such seals, emblems, and ‘‘§ 150415. Annual report Reports on incidents of sexual assault in- badges as the corporation may lawfully ‘‘(a) IN GENERAL.—The corporation shall volving members of the Armed Forces under adopt. report annually to Congress concerning the Department of Defense Directive-Type

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00111 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.002 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15722 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 28, 2012 Memorandum (DTM) 11–062, entitled ‘‘Docu- is permanently assigned or transferred shall active duty who are the victim of a sexual ment Retention in Cases of Restricted and review the history of substantiated sexual assault or related offense, the number of ap- Unrestricted Reports of Sexual Assault’’, or offenses of the member in order to famil- plications denied, and, for each application any successor directive or policy. iarize such officer with such history of the denied, a description of the reasons why such (b) PROTECTION OF CONFIDENTIALITY.—Any member. application was denied. Department of Defense form retained under (2) COVERED MEMBERS.—A member of the ‘‘(8) An analysis and assessment of trends subsection (a) shall be retained in a manner Armed Forces described in this paragraph is in the incidence, disposition, and prosecution that protects the confidentiality of the mem- a member of the Armed Forces who, at the of sexual assaults by commands and installa- ber of the Armed Forces concerned in accord- time of assignment or transfer as described tions during the year covered by the report, ance with procedures for the protection of in paragraph (1), has a history of one or more including trends relating to prevalence of in- confidentiality of information in Restricted substantiated sexual offenses as documented cidents, prosecution of incidents, and avoid- Reports under Department of Defense memo- in the personnel service record of such mem- ance of incidents. randum JTF–SAPR–009, relating to the De- ber or such other records or files as the Sec- ‘‘(9) An assessment of the adequacy of sex- partment of Defense policy on confiden- retary shall specify in the regulations pre- ual assault prevention and response activi- tiality for victims of sexual assault, or any scribed under paragraph (1). ties carried out by training commands dur- successor policy or directive. ing the year covered by the report. SA 3104. Ms. KLOBUCHAR (for her- ‘‘(10) An analysis of the specific factors SA 3103. Ms. KLOBUCHAR (for her- self and Ms. SNOWE) submitted an that may have contributed to sexual assault self and Ms. SNOWE) submitted an amendment intended to be proposed by during the year covered by the report, in- amendment intended to be proposed by her to the bill S. 3254, to authorize ap- cluding sexual harassment and substance her to the bill S. 3254, to authorize ap- propriations for fiscal year 2013 for abuse, an assessment of the role of such fac- propriations for fiscal year 2013 for military activities of the Department tors in contributing to sexual assaults dur- military activities of the Department ing that year, and recommendations for of Defense, for military construction, mechanisms to eliminate or reduce the inci- of Defense, for military construction, and for defense activities of the De- dence of such factors or their contributions and for defense activities of the De- partment of Energy, to prescribe mili- to sexual assaults.’’. partment of Energy, to prescribe mili- tary personnel strengths for such fiscal (b) EFFECTIVE DATE.—The amendments tary personnel strengths for such fiscal year, and for other purposes; which was made by this section shall take effect on the year, and for other purposes; which was ordered to lie on the table; as follows: date of the enactment of this Act, and shall ordered to lie on the table; as follows: At the end of subtitle E of title V, add the apply beginning with the report required to following: be submitted by March 1, 2013, under section At the end of subtitle E of title V, add the 1631 of the Ike Skelton National Defense Au- following: SEC. 544. ENHANCEMENT OF ANNUAL REPORTS REGARDING SEXUAL ASSAULTS IN- thorization Act for Fiscal Year 2011 (as SEC. 544. INCLUSION AND COMMAND REVIEW OF amended by subsection (a)). INFORMATION ON SEXUAL-RELATED VOLVING MEMBERS OF THE ARMED FORCES. OFFENSES IN PERSONNEL SERVICE SA 3105. Ms. KLOBUCHAR (for her- RECORDS OF MEMBERS OF THE (a) IN GENERAL.—Section 1631(b) of the Ike ARMED FORCES. Skelton National Defense Authorization Act self and Ms. SNOWE) submitted an (a) INFORMATION ON SUBSTANTIATED RE- for Fiscal Year 2011 (10 U.S.C. 1561 note) is amendment intended to be proposed by PORTS ON SEXUAL-RELATED OFFENSES.— amended— her to the bill S. 3254, to authorize ap- (1) IN GENERAL.—If a complaint of a sexual- (1) by striking paragraph (3) and inserting propriations for fiscal year 2013 for related offense is made against a member of the following new paragraph (3): military activities of the Department the Armed Forces and the complaint is sub- ‘‘(3) A synopsis of each such substantiated of Defense, for military construction, case, organized by offense, and, for each such stantiated, a notation to that effect shall be and for defense activities of the De- placed in the personnel service record of the case, the action taken in such case, includ- member, regardless of the member’s grade. ing the following information: partment of Energy, to prescribe mili- (2) PURPOSE.—The purpose of the inclusion ‘‘(A) The type of disciplinary or adminis- tary personnel strengths for such fiscal of information in personnel service records trative sanction imposed, if any, including year, and for other purposes; which was under paragraph (1) is to alert commanders courts-martial sentences, non-judicial pun- ordered to lie on the table; as follows: to the members of their command who have ishments administered by commanding offi- At the end of subtitle E of title V, add the received courts-martial conviction, non-judi- cers pursuant to section 815 of title 10, following: cial punishment, or administrative action United States Code (article 15 of the Uniform SEC. 544. PREVENTION AND RESPONSE TO SEX- for sexual-related offenses in order to reduce Code of Military Justice), and administra- UAL HARASSMENT IN THE ARMED the likelihood that repeat offenses will es- tive separations. FORCES. cape the notice of commanders. ‘‘(B) A description of and rationale for the (a) COMPREHENSIVE POLICY REQUIRED.— (b) LIMITATION ON PLACEMENT.—A notation final disposition and punishment, regardless (1) IN GENERAL.—The Secretary of Defense under subsection (a) may not be placed in of type of disciplinary or administrative shall, in consultation with the Secretaries of the restricted section of the personnel serv- sanction imposed, including, in a case in the military departments and the Equal Op- ice record of a member. which an Article 32 investigating officer rec- portunity Office of the Department of De- (c) CONSTRUCTION.—Nothing in subsection ommended dismissal of the charges, an ex- fense, develop a comprehensive policy to pre- (a) or (b) may be construed to prohibit or plicit statement of the reasons for such rec- vent and respond to sexual harassment in limit the capacity of a member of the Armed ommendation. the Armed Forces. The policy shall provide Forces to challenge or appeal the placement ‘‘(C) The unit and location of service at for the following: of a notation, or location of placement of a which the incident occurred. (A) Training for members of the Armed notation, in the member’s personnel service ‘‘(D) Whether the accused was previously Forces on the prevention of sexual harass- record in accordance with procedures other- accused of a substantiated sexual assault or ment. wise applicable to such challenges or ap- sexual harassment. (B) Mechanisms for reporting incidents of peals. ‘‘(E) Whether the accused was admitted to sexual harassment in the Armed Forces, in- (d) SUBSTANTIATED COMPLAINTS.—For pur- the Armed Forces under a moral waiver cluding procedures for reporting anony- poses of implementing this section, the Sec- granted with respect to prior sexual mis- mously. retary of Defense shall use the definition of conduct. (C) Mechanisms for responding to and re- substantiated developed for purposes of the ‘‘(F) Whether alcohol was involved in the solving incidents of alleged sexual harass- annual report on sexual assaults involving incident. ment incidences involving members of the members of the Armed Forces prepared ‘‘(G) If the member was administratively Armed Forces, including through the pros- under section 1631 of the Ike Skelton Na- separated or, in the case of an officer, al- ecution of offenders. tional Defense Authorization Act for Fiscal lowed to resign in lieu of facing a court-mar- (2) REPORT.—Not later than one year after Year 2011 (10 U.S.C. 1561 note). tial, the characterization given the service the date of the enactment of this Act, the (e) COMMAND REVIEW OF HISTORY OF SEX- of the member upon separation.’’; and Secretary of Defense shall submit to the UAL-RELATED OFFENSES OF MEMBERS UPON (2) by adding at the end the following new Committees on Armed Services of the Senate ASSIGNMENT OR TRANSFER TO NEW UNIT.— paragraphs and the House of Representatives a report (1) REVIEW REQUIRED.—Under uniform regu- ‘‘(7) The number of applications submitted setting forth the policy required by para- lations prescribed by the Secretary of De- under section 673 of title 10, United States graph (1). fense, the commanding officer of a facility, Code, during the year covered by the report (b) COLLECTION AND RETENTION OF RECORDS installation, or unit to which a member of for a permanent change of station or unit ON DISPOSITION OF REPORTS OF SEXUAL HAR- the Armed Forces described in paragraph (2) transfer for members of the Armed Forces on ASSMENT.—

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00112 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.002 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15723 (1) COLLECTION.—The Secretary of Defense year covered by the report in response to in- SA 3108. Mr. COBURN submitted an shall require that the Secretary of each mili- cidents of sexual harassment involving mem- amendment intended to be proposed by tary department establish a record on the bers of that Armed Force. him to the bill S. 3254, to authorize ap- disposition of any report of sexual harass- (E) Any other matters relating to sexual propriations for fiscal year 2013 for ment, whether such disposition is court mar- harassment involving members of the Armed tial, non-judicial punishment, or other ad- Forces that the Secretary considers appro- military activities of the Department ministrative action. The record of any such priate. of Defense, for military construction, disposition shall include the following, as ap- and for defense activities of the De- propriate: SA 3106. Ms. KLOBUCHAR (for her- partment of Energy, to prescribe mili- (A) Documentary information collected self and Ms. SNOWE) submitted an tary personnel strengths for such fiscal about the incident reported. amendment intended to be proposed by year, and for other purposes; which was (B) Punishment imposed, including the her to the bill S. 3254, to authorize ap- ordered to lie on the table; as follows: sentencing by judicial or non-judicial means propriations for fiscal year 2013 for including incarceration, fines, restriction, At the end of subtitle A of title IX, add the and extra duty as a result of military court- military activities of the Department following: martial, Federal and local court and other of Defense, for military construction, SEC. 903. INFORMATION FOR DEPUTY CHIEF sentencing, or any other punishment im- and for defense activities of the De- MANAGEMENT OFFICER OF THE DE- posed. partment of Energy, to prescribe mili- PARTMENT OF DEFENSE FROM THE (C) Reasons for the selection of the disposi- MILITARY DEPARTMENTS AND DE- tary personnel strengths for such fiscal FENSE AGENCIES FOR DEFENSE tion and punishments selected. year, and for other purposes; which was BUSINESS SYSTEM INVESTMENT RE- (D) Administrative actions taken, if any. ordered to lie on the table; as follows: VIEWS. (E) Any pertinent referrals offered as a re- At the end of subtitle E of title V, add the Section 2222(g) of title 10, United States sult of the incident (such as drug and alcohol following: Code, is amended by adding at the end the counseling and other types of counseling or following new paragraph: intervention). SEC. 544. POLICY OF THE UNITED STATES ON DIS- POSITION OF CHARGES INVOLVING ‘‘(3)(A) The investment management proc- (2) RETENTION.—The Secretary of Defense CERTAIN SEXUAL MISCONDUCT OF- ess required by paragraph (1) shall include shall require that— FENSES UNDER THE UNIFORM CODE requirements for the military departments (A) the records established pursuant to OF MILITARY JUSTICE THROUGH and the Defense Agencies to submit to the paragraph (1) be retained by the Department COURTS-MARTIAL. Deputy Chief Management Officer such in- of Defense for a period of not less than 50 TATEMENT OF OLICY (a) S P .—It shall be the formation on covered defense business sys- years; and policy of the United States that any charge tem programs as the Deputy Chief Manage- (B) a copy of such records be maintained at regarding an offense specified in subsection ment Officer shall require for the review of a centralized location for the same period as (b) should be disposed of by court-martial, defense business system programs under the applies to retention of the records under sub- rather than by non-judicial punishment or process. Such information shall be submitted paragraph (A). administrative action. to the Deputy Chief Management Officer in a (c) ANNUAL REPORT ON SEXUAL HARASS- (b) COVERED OFFENSES.—An offense speci- standardized format established by the Dep- MENT INVOLVING MEMBERS OF THE ARMED fied in this subsection is any of the following FORCES.— offenses under chapter 47 of title 10, United uty Chief Management Officer for purposes (1) ANNUAL REPORT ON SEXUAL HARASS- States Code (the Uniform Code of Military of this paragraph. MENT.—Not later than March 1, 2015, and Justice): ‘‘(B) If a military department or Defense each March 1 thereafter through March 1, (1) Rape or sexual assault under subsection Agency does not submit to the Deputy Chief 2018, the Secretary of each military depart- (a) or (b) of section 920 of such chapter (arti- Management Officer information requested ment shall submit to the Secretary of De- cle 120 of the Uniform Code of Military Jus- by the Deputy Chief Management Office fense a report on the sexual harassments in- tice). under subparagraph (A) within 60 days of the volving members of the Armed Forces under (2) Forcible sodomy under section 925 of date of such request for such information the jurisdiction of such Secretary during the such chapter (article 125 of the Uniform Code under that subparagraph, or does not submit preceding year. Each Secretary of a military of Military Justice). such information in the standardized format department shall submit the report on a year (3) An attempt to commit an offense speci- established pursuant to that subparagraph, under this section at the same time as the fied in paragraph (1) or (2), as punishable the Secretary of Defense may withhold fund- submittal of the annual report on sexual as- under section 880 of such chapter (article 80 ing for any new defense business system, or saults during that year under section 1631 of of the Uniform Code of Military Justice). any modernization of a current defense busi- the Ike Skelton National Defense Authoriza- (c) JUSTIFICATION FOR DISPOSITION OTHER ness system, of the military department or tion Act for Fiscal Year 2011 (10 U.S.C. 1561 THAN BY COURT-MARTIAL.—In the case of any Defense Agency commencing as of the date note). In the case of the Secretary of the charge regarding an offense specified in sub- that is 60 days after the date of such re- Navy, separate reports shall be prepared section (b) that is disposed of by non-judicial quest.’’. under this section for the Navy and the Ma- punishment or administrative action, rather rine Corps. than by court-martial, the disposition au- SA 3109. Mr. COBURN submitted an (2) CONTENTS.—The report of a Secretary of thority for such case shall include in the amendment intended to be proposed by a military department for an Armed Force case file a justification for the disposition of him to the bill S. 3254, to authorize ap- under paragraph (1) shall contain the fol- the charge by non-judicial punishment or ad- propriations for fiscal year 2013 for lowing: ministrative action, rather than by court- military activities of the Department (A) The number of sexual harassments martial. committed against members of the Armed of Defense, for military construction, Force that were reported to military offi- SA 3107. Mr. COBURN submitted an and for defense activities of the De- cials during the year covered by the report, amendment intended to be proposed by partment of Energy, to prescribe mili- and the number of the cases so reported that him to the bill S. 3254, to authorize ap- tary personnel strengths for such fiscal were substantiated. propriations for fiscal year 2013 for year, and for other purposes; which was (B) The number of sexual harassments military activities of the Department ordered to lie on the table; as follows: committed by members of the Armed Force that were reported to military officials dur- of Defense, for military construction, At the end of subtitle H of title X, add the ing the year covered by the report, and the and for defense activities of the De- following: number of the cases so reported that were partment of Energy, to prescribe mili- SEC. 1084. CONDITIONS FOR TREATMENT OF CER- substantiated. The information required by tary personnel strengths for such fiscal TAIN PERSONS AS ADJUDICATED this subparagraph may not be combined with MENTALLY INCOMPETENT FOR CER- year, and for other purposes; which was TAIN PURPOSES. the information required by subparagraph ordered to lie on the table; as follows: (a) IN GENERAL.—Chapter 55 of title 38, (A). At the end of subtitle E of title III, add the United States Code, is amended by adding at (C) A synopsis of each such substantiated following: the end the following new section: case and, for each such case, the action SEC. 344. DISPOSAL OF SURPLUS OR EXCESS TAN- ‘‘§ 5511. Conditions for treatment of certain taken in such case, including the type of dis- GIBLE PROPERTY OF THE DEPART- ciplinary or administrative sanction im- MENT OF DEFENSE SOLELY BY PUB- persons as adjudicated mentally incom- posed, section 815 of title 10, United States LIC SALE. petent for certain purposes Code (article 15 of the Uniform Code of Mili- Notwithstanding any other provision of ‘‘In any case arising out of the administra- tary Justice). law, surplus or excess tangible property of tion by the Secretary of laws and benefits (D) The policies, procedures, and processes the Department of Defense shall be disposed under this title, a person who is mentally in- implemented by the Secretary during the of solely by public sale. capacitated, deemed mentally incompetent,

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00113 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.002 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15724 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 28, 2012 or experiencing an extended loss of con- (2) Section 3515 of title 31, United States ‘‘(ii) ensuring that a complete and vali- sciousness shall not be considered adju- Code, requires the agencies of the Federal dated statement of budgetary resources of dicated as a mental defective under sub- Government, including the Department of the Department of Defense is ready by not section (d)(4) or (g)(4) of section 922 of title 18 Defense, to present auditable financial state- later than September 30, 2014; without the order or finding of a judge, mag- ments beginning not later than March 1, ‘‘(iii) ensuring that the full set of consoli- istrate, or other judicial authority of com- 1997. The Department has not complied with dated financial statements of the Depart- petent jurisdiction that such person is a dan- this law. ment for the fiscal year ending September 30, ger to himself or herself or others.’’. (3) The Federal Financial Management Im- 2017, and each fiscal year thereafter, are (b) CLERICAL AMENDMENT.—The table of provement Act of 1996 (31 U.S.C. 3512 note) ready in a timely manner and in preparation sections at the beginning of chapter 55 of requires financial systems acquired by the for an audit, including submitting the re- such title is amended by adding at the end Federal Government, including the Depart- ports not later than November 15, 2017, and the following new item: ment of Defense, to be able to provide infor- each year thereafter, in order to seek an ‘‘5511. Conditions for treatment of certain mation to leaders to manage and control the audit opinion on its financial statements; persons as adjudicated men- cost of government. The Department has not and’’. tally incompetent for certain complied with this law. (b) DEFINITION OF VALIDATED AS READY FOR purposes.’’. (4) The financial management of the De- AUDIT.—Such section is further amended by partment of Defense has been on the ‘‘High- adding at the end the following new sub- SA 3110. Mr. COBURN submitted an Risk’’ list of Government Accountability Of- section: fice, which means that the Department is amendment intended to be proposed by ‘‘(d) VALIDATED AS READY FOR AUDIT DE- not consistently able to ‘‘control costs; en- FINED.—In this section, the term ‘validated him to the bill S. 3254, to authorize ap- sure basic accountability; anticipate future as ready for audit’ means the following: propriations for fiscal year 2013 for costs and claims on the budget; measure per- ‘‘(1) In the case of the financial statements military activities of the Department formance; maintain funds control; [and] pre- of a military department, that the audit of Defense, for military construction, vent and detect fraud, waste, and abuse’’. agencies of the military department have re- and for defense activities of the De- (5) The National Defense Authorization viewed such statements and determined, in partment of Energy, to prescribe mili- Act for Fiscal Year 2002 (Public Law 107–107) writing, that such statements are ready for requires the Secretary of Defense to report audit. tary personnel strengths for such fiscal to Congress annually on the reliability of the year, and for other purposes; which was ‘‘(2) In the case of the financial statements financial statements of the Department of of a Defense Agency, that the audit agencies ordered to lie on the table; as follows: Defense, to minimize resources spent on pro- of the Defense Agency have reviewed such At the end of subtitle A of title X, add the ducing unreliable financial statements, and statements and determined, in writing, that following: to use resources saved to improve financial such statements are ready for audit.’’. SEC. 1005. REPORT ON BALANCES CARRIED FOR- management policies, procedures, and inter- SEC. 1804. CESSATION OF APPLICABILITY OF RE- WARD BY THE DEPARTMENT OF DE- nal controls. PORTING REQUIREMENTS REGARD- FENSE AT THE END OF FISCAL YEAR (6) In 2005, the Department of Defense cre- ING THE FINANCIAL STATEMENTS 2012. ated a Financial Improvement and Audit OF THE DEPARTMENT OF DEFENSE. Not later than 180 days after the date of Readiness (FIAR) Plan, overseen by a direc- (a) CESSATION OF APPLICABILITY.— the enactment of this Act, the Secretary of torate within the office of the Under Sec- (1) MILITARY DEPARTMENTS.—The financial Defense shall submit to Congress, and pub- retary of Defense (Comptroller), to improve statements of a military department shall lish on the Internet website of the Depart- Department business processes with the goal cease to be covered by the reporting require- ment of Defense available to the public, the of producing timely, reliable, and accurate ments specified in subsection (b) upon the following: financial information that could generate an issuance of an unqualified audit opinion on (1) The total dollar amount of all balances audit-ready annual financial statement. In such financial statements. carried forward by the Department of De- December 2005, that directorate, known as (2) DEPARTMENT OF DEFENSE.—The report- fense at the end of fiscal year 2012 by ac- the FIAR Directorate, issued the first of a ing requirements specified in subsection (b) count. series of semiannual reports on the status of shall cease to be effective when an unquali- (2) The total dollar amount of all unobli- the Financial Improvement and Audit Readi- fied audit opinion is issued on the financial gated balances carried forward by the De- ness Plan. statements of the Department of Defense, in- partment of Defense at the end of fiscal year (7) The National Defense Authorization cluding each of the military departments 2012 by account. Act for Fiscal Year 2010 (Public Law 111–84) and the Defense Agencies. (3) The total dollar amount of any balances requires regular status reports on the Finan- (b) REPORTING REQUIREMENTS.—The report- (both obligated and unobligated) that have cial Improvement and Audit Readiness Plan ing requirements specified in this subsection been carried forward by the Department of described in paragraph (6), and codified as a are the following: Defense for five years or more as of the end statutory requirement the goal of the Plan (1) The requirement for semi-annual re- of fiscal year 2012 by account. in ensuring that Department of Defense fi- ports in section 1003(b) of the National De- nancial statements are validated as ready for fense Authorization Act for Fiscal Year 2010 SA 3111. Mr. COBURN (for himself audit not later than September 30, 2017. (Public Law 111–84; 123 Stat. 2440; 10 U.S.C. and Mr. MANCHIN) submitted an amend- (8) At a September 2010 hearing of the Sen- 2222 note). ment intended to be proposed by him ate, the Government Accountability Office (2) The requirement for annual reports in stated that past expenditures by the Depart- to the bill S. 3254, to authorize appro- section 1008(a) of the National Defense Au- ment of Defense of $5,800,000,000 to improve thorization Act for Fiscal Year 2002 (Public priations for fiscal year 2013 for mili- financial information, and billions of dollars Law 107–107; 115 Stat. 1204; 10 U.S.C. 113 tary activities of the Department of more of anticipated expenditures on new in- note). Defense, for military construction, and formation technology systems for that pur- SEC. 1805. REPORT ON DEPARTMENT OF DE- for defense activities of the Depart- pose, may not suffice to achieve full audit FENSE REPORTING REQUIREMENTS ment of Energy, to prescribe military readiness of the financial statement of the MADE OBSOLETE BY OR AFFECTING Department. At that hearing, the Govern- AUDITS WITH UNQUALIFIED OPIN- personnel strengths for such fiscal IONS. year, and for other purposes; which was ment Accountability Office could not predict when the Department would achieve full Not later than 180 days after the date of ordered to lie on the table; as follows: audit readiness of such statements. the enactment of this Act, the Under Sec- At the end of division A, add the following: SEC. 1803. AUDIT READINESS OF THE FINANCIAL retary of Defense (Comptroller) shall submit to Congress a report setting forth the fol- TITLE XVIII—AUDIT OF DEPARTMENT OF STATEMENTS OF THE DEPARTMENT lowing: DEFENSE FINANCIAL STATEMENTS OF DEFENSE. (a) INCLUSION OF STATEMENT OF BUDGET RE- (1) A list of each report of the Department SEC. 1801. SHORT TITLE. SOURCES WITHIN FIAR PLAN.—Subsection of Defense required by law to be submitted This title may be cited as the ‘‘Audit the (a)(2)(A) of section 1003 of the National De- to Congress which, in the opinion of the Pentagon Act of 2012’’. fense Authorization Act for Fiscal Year 2010 Under Secretary, would no longer be nec- SEC. 1802. FINDINGS. (Public Law 111–84; 123 Stat. 2439; 10 U.S.C. essary if the financial statements of the De- Congress makes the following findings: 2222 note) is amended— partment of Defense were audited with an (1) Section 9 of Article 1 of the Constitu- (1) in clause (i), by striking ‘‘and’’ at the unqualified opinion. tion of the United States requires all agen- end; (2) A list of each report of the Department cies of the Federal Government, including (2) by redesignating clause (ii) as clause required by law to be submitted to Congress the Department of Defense, to publish ‘‘a (iv); and which, in the opinion of the Under Secretary, regular statement and account of the re- (3) by inserting after clause (i) the fol- interferes with the capacity of the Depart- ceipts and expenditures of all public money’’. lowing new clauses: ment to achieve an audit of the financial

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statements of the Department with an un- (C) Military education and training pro- (1) ADDITIONAL QUALIFICATIONS AND DUTIES qualified opinion. grams and activities of the military depart- OF USD (COMPTROLLER).— SEC. 1806. ENHANCED REPROGRAMMING AU- ment. (A) QUALIFICATIONS.—Any individual nomi- THORITY FOLLOWING ACHIEVE- (2) EXCLUSION.—Amounts available under nated for appointment to the position of MENT BY MILITARY DEPARTMENTS subsection (a) shall not be available for pur- Under Secretary of Defense (Comptroller) OF AUDIT WITH UNQUALIFIED OPIN- poses as follows: under section 135 of title 10, United States ION OF STATEMENT OF BUDGETARY (A) Research, development, test, and eval- Code, shall be an individual who has served— RESOURCES FOR FISCAL YEARS uation. (i) as the chief financial officer of a Fed- AFTER FISCAL YEAR 2013. (B) Military construction. eral or State agency that has received an (a) IN GENERAL.—Subject to section 1809(a)(1), if a military department obtains (3) LIMITATIONS ON BONUSES.— audit with an unqualified opinion on such an audit with an unqualified opinion on its (A) LIMITATION ON BONUS AMOUNT.—The agency’s financial statements during the statement of budgetary resources for any fis- amount of the bonus payable to a civilian time of such individual’s service; or cal year after fiscal year 2013, the thresholds employee of a military department under (ii) as the chief financial officer of a public for reprogramming of funds without prior paragraph (1)(A) in any year may not exceed company that has received an audit with an notice to Congress for the succeeding fiscal the amount equal to 25 percent of the base unqualified opinion on such company’s finan- year shall be deemed to be the thresholds as pay of the employee in such year. cial statements during the time of such indi- follows: (B) LIMITATION ON AGGREGATE AMOUNT OF vidual’s service. (1) In the case of an increase or decrease to BONUSES.—The total amount of bonuses pay- (B) DUTIES AND POWERS.—The duties and the program base amount for a procurement able to civilian employees of a military de- powers of the individual serving as Under Secretary of Defense (Comptroller) shall in- program, $60,000,000. partment under paragraph (1)(A) in any year clude, in addition to the duties and powers (2) In the case of an increase or decrease to may not exceed $5,000,000. specified in section 135(c) of title 10, United the program base amount for a research pro- (C) CONSTRUCTION.—Nothing in paragraph States Code, such duties and powers with re- gram, $30,000,000. (1)(A) may be construed to authorize or pro- spect to the financial management of the De- (3) In the case of an increase or decrease to vide for the payment of a bonus to an officer partment of Defense as the Deputy Secretary the amount for a budget activity for oper- or employee of a contractor of the Depart- of Defense (acting in the capacity of Chief ation and maintenance, $45,000,000. ment of Defense. (d) TRANSFERS.— Management Officer of the Department of (4) In the case of an increase or decrease to (1) IN GENERAL.—Notwithstanding any Defense) or a successor official in the De- the amount for a budget activity for mili- other provision of law, the Secretary of a partment of Defense (acting in such capac- tary personnel, $30,000,000. military department may transfer amounts ity) may prescribe. (b) CONSTRUCTION.—Nothing in this section (2) ADDITIONAL QUALIFICATIONS AND RESPON- shall be construed to alter or revise any re- described in subsection (b) that are available SIBILITIES OF ASA FOR FINANCIAL MANAGE- quirement (other than a threshold amount) under subsection (a) among accounts of the MENT.— for notice to Congress on reprogrammings military department for purposes of exer- (A) QUALIFICATIONS.—Any individual nomi- covered by subsection (a) under any other cising the authority in subsection (a) with nated for appointment to the position of As- provision of law. respect to such amounts. Amounts so trans- sistant Secretary of the Army for Financial (c) DEFINITIONS.—In this section, the terms ferred shall be merged with amounts in the ‘‘program base amount’’, ‘‘procurement pro- account or fund to which transferred and Management under section 3016 of title 10, gram’’, ‘‘research program’’, and ‘‘budget ac- shall be available under the same terms and United States Code, shall be an individual tivity’’ have the meanings given such terms conditions as the amounts with which who has served— in chapter 6 of volume 3 of the Financial merged for the purposes specified in sub- (i) as the chief financial officer of a Fed- Management Regulation of the Department section (c). eral or State agency that has received an of Defense (DoD 7000.14R), dated March 2011, (2) NO NEW APPROPRIATION.—A transfer audit with an unqualified opinion on such or any successor document. under paragraph (1) shall not be treated as a agency’s financial statements during the time of such individual’s service; or SEC. 1807. AVAILABILITY OF EXPIRING FUNDS new appropriation of the amount so trans- FOLLOWING ACHIEVEMENT BY MILI- ferred. (ii) as the chief financial officer of a public TARY DEPARTMENTS OF AUDIT (e) REPORTS.— company that has received an audit with an WITH UNQUALIFIED OPINION OF (1) ANNUAL REPORTS.—The Secretary of De- unqualified opinion on such company’s finan- STATEMENT OF BUDGETARY RE- fense shall submit to Congress each year (at cial statements during the time of such indi- SOURCES FOR FISCAL YEARS AFTER the same time the budget of the President vidual’s service. FISCAL YEAR 2013. for a fiscal year is submitted to Congress in (B) RESPONSIBILITIES.—The responsibilities (a) IN GENERAL.—Subject to section such year pursuant to section 1105 of title 31, of the individual serving as Assistant Sec- 1809(a)(1), if a military department obtains United States Code) a report on the exercise retary of the Army for Financial Manage- an audit with an unqualified opinion on its of the authority under this section during ment shall include, in addition to the respon- statement of budgetary resources for a fiscal the previous fiscal year. Each report under sibilities specified in section 3016(b)(4) of year after fiscal year 2013 (in this section re- this subsection shall include, for the fiscal title 10, United States Code, such respon- ferred to as a ‘‘covered fiscal year’’), the year covered by such report, the following: sibilities as the Deputy Secretary of Defense amount described in subsection (b) shall be (A) The amounts transferred under sub- (acting in the capacity of Chief Management available for the purposes specified in sub- section (d), including the total amount Officer of the Department of Defense) or a section (c) at the end of such covered fiscal transferred and the amounts transferred to successor official in the Department of De- year without fiscal year limitation. each account to which transferred. fense (acting in such capacity) may pre- (b) AVAILABLE AMOUNT.—The amount de- (B) The purposes, and amounts, for which scribe. scribed in this subsection is the amount amounts transferred were used. (3) ADDITIONAL QUALIFICATIONS AND RESPON- equal to five percent of the aggregate SIBILITIES OF ASN FOR FINANCIAL MANAGE- (2) NOTICE ON PROCUREMENT.—Not later amount of unobligated appropriations avail- than 30 days before using amounts available MENT.— able to the military department concerned under subsection (a) for the procurement of (A) QUALIFICATIONS.—Any individual nomi- for a covered fiscal year that would other- weapons or a weapon system, the Secretary nated for appointment to the position of As- wise expire at the end of such covered fiscal of the military department concerned shall sistant Secretary of the Navy for Financial year by law. Management under section 5016 of title 10, submit to Congress a report, in writing, on (c) PURPOSES.— United States Code, shall be an individual the use of such amounts for that purpose. (1) IN GENERAL.—Except as provided in who has served— Each report shall include a statement of the paragraph (2) and subject to paragraph (3), (i) as the chief financial officer of a Fed- weapons or weapon system to be procured amounts available under subsection (a) shall, eral or State agency that has received an and the amount to be used for such procure- at the election of the Secretary of the mili- audit with an unqualified opinion on such ment. tary department concerned, be available for agency’s financial statements during the purposes as follows: SEC. 1808. FAILURE TO OBTAIN AUDITS WITH UN- time of such individual’s service; or (A) Payment in accordance with applicable QUALIFIED OPINION OF FISCAL YEAR 2014 STATEMENT OF BUDG- (ii) as the chief financial officer of a public law of bonuses authorized by law (including ETARY RESOURCES OF THE DEPART- company that has received an audit with an awards authorized by subchapter I of chapter MENT OF DEFENSE. unqualified opinion on such company’s finan- 45 of title 5, United States Code) for civilian (a) IN GENERAL.—If the Department of De- cial statements during the time of such indi- employees of the military department, in- fense fails to obtain an audit with an un- vidual’s service. cluding employees determined to have made qualified opinion on its statement of budg- (B) RESPONSIBILITIES.—The responsibilities beneficial contributions to the achievement etary resources for fiscal year 2014, the fol- of the individual serving as Assistant Sec- of the mission of the military department. lowing shall take effect, effective as of the retary of the Navy for Financial Manage- (B) Procurement of weapons and weapon date of the issuance of the opinion on such ment shall include, in addition to the respon- systems. audit: sibilities specified in section 5016(b)(4) of

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00115 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.002 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15726 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 28, 2012 title 10, United States Code, such respon- shall take effect, effective as of the date of the Department of Defense,’’ after ‘‘the Dep- sibilities as the Deputy Secretary of Defense the issuance of the opinion on such audit: uty Secretary of Defense,’’ each place it ap- (acting in the capacity of Chief Management (1) REORGANIZATION OF RESPONSIBILITIES OF pears in the provisions as follows: Officer of the Department of Defense) or a CHIEF MANAGEMENT OFFICER.— (I) Section 133(e)(2). successor official in the Department of De- (A) POSITION OF CHIEF MANAGEMENT OFFI- (II) Section 134(c). fense (acting in such capacity) may pre- CER.—Section 132a of title 10, United States (v) Section 137a(d) of such title is amended scribe. Code, is amended to read as follows: by striking ‘‘the Secretaries of the military (4) ADDITIONAL QUALIFICATIONS AND RESPON- ‘‘§ 132a. Chief Management Officer departments,’’ and all that follows and in- SIBILITIES OF ASAF FOR FINANCIAL MANAGE- ‘‘(a) IN GENERAL.—(1) There is a Chief Man- serting ‘‘the Chief Management Officer of MENT.— agement Officer of the Department of De- the Department of Defense, the Secretaries (A) QUALIFICATIONS.—Any individual nomi- fense, appointed from civilian life by the of the military departments, and the Under nated for appointment to the position of As- President, by and with the advice and con- Secretaries of Defense.’’. sistant Secretary of the Air Force for Finan- sent of the Senate. (vi) Section 138(d) of such title is amended cial Management under section 8016 of title ‘‘(2) Any individual nominated for appoint- by striking ‘‘the Secretaries of the military 10, United States Code, shall be an individual ment as Chief Management Officer shall be departments,’’ and all that follows through who has served— an individual who has— the period and inserting ‘‘the Chief Manage- (i) as the chief financial officer of a Fed- ‘‘(A) extensive executive level leadership ment Officer of the Department of Defense, eral or State agency that has received an and management experience in the public or the Secretaries of the military departments, audit with an unqualified opinion on such private sector; the Under Secretaries of Defense, and the Di- agency’s financial statements during the ‘‘(B) strong leadership skills; rector of Defense Research and Engineer- time of such individual’s service; or ‘‘(C) a demonstrated ability to manage ing.’’. (ii) as the chief financial officer of a public large and complex organizations; and (C) CLERICAL AMENDMENT.—The table of company that has received an audit with an ‘‘(D) a proven record in achieving positive sections at the beginning of chapter 4 of such unqualified opinion on such company’s finan- operational results. title is amended by striking the item relat- cial statements during the time of such indi- ‘‘(b) POWERS AND DUTIES.—The Chief Man- ing to section 132a and inserting the fol- vidual’s service. agement Officer shall perform such duties lowing new item: (B) RESPONSIBILITIES.—The responsibilities and exercise such powers as the Secretary of of the individual serving as Assistant Sec- Defense may prescribe. ‘‘132a. Chief Management Officer.’’. retary of the Air Force for Financial Man- ‘‘(c) SERVICE AS CHIEF MANAGEMENT OFFI- (D) EXECUTIVE SCHEDULE.—Section 5313 of agement shall include, in addition to the re- CER.—(1) The Chief Management Officer is title 5, United States Code, is amended by sponsibilities specified in section 8016(b)(4) of the Chief Management Officer of the Depart- adding at the end the following: title 10, United States Code, such respon- ment of Defense. ‘‘Chief Management Officer of the Depart- sibilities as the Deputy Secretary of Defense ‘‘(2) In serving as the Chief Management ment of Defense.’’. (acting in the capacity of Chief Management Officer of the Department of Defense, the (E) REFERENCE IN LAW.—Any reference in Officer of the Department of Defense) or a Chief Management Officer shall be respon- any provision of law to the Chief Manage- successor official in the Department of De- sible for the management and administra- ment Officer of the Department of Defense fense (acting in such capacity) may pre- tion of the Department of Defense with re- shall be deemed to refer to the Chief Man- scribe. spect to the following: agement Officer of the Department of De- (b) PUBLIC COMPANY DEFINED.—In this sec- ‘‘(A) The expenditure of funds, accounting, fense under section 132a of title 10, United tion, the term ‘‘public company’’ has the and finance. States Code (as amended by this paragraph). meaning given the term ‘‘issuer’’ in section ‘‘(B) Procurement, including procurement (2) JURISDICTION OF DFAS.— 2(a)(7) of the Sarbanes-Oxley Act of 2002 (15 of any enterprise resource planning (ERP) (A) TRANSFER TO DEPARTMENT OF TREAS- U.S.C. 7201(a)(7)). system and any information technology (IT) URY.—Jurisdiction of the Defense Finance SEC. 1809. FAILURE TO OBTAIN AUDITS WITH UN- system that is a financial feeder system, and Accounting Service (DFAS) is trans- QUALIFIED OPINION OF FISCAL human resources system, or logistics system. ferred from the Department of Defense to the YEAR 2017 FINANCIAL STATEMENTS ‘‘(C) Facilities, property, nonmilitary Department of the Treasury. OF THE DEPARTMENT OF DEFENSE. equipment, and other resources. (B) ADMINISTRATION.—The Secretary of the (a) MILITARY DEPARTMENTS.— ‘‘(D) Strategic planning, and annual per- Treasury shall administer the Defense Fi- (1) CESSATION OF AUTHORITIES ON RE- formance planning. and identification and nance and Accounting Service following PROGRAMMING AND AVAILABILITY OF FUNDS.— tracking of performance measures. transfer under this paragraph through the If a military department fails to obtain an ‘‘(E) Internal audits and management anal- Financial Management Service of the De- audit with an unqualified opinion on its fi- yses of the programs and activities of the partment of Treasury. nancial statements for fiscal year 2017, effec- Department, including the Defense Contract (C) MEMORANDUM OF UNDERSTANDING.—The tive as of the date of the issuance of the Audit Agency. Secretary of Defense and the Secretary of opinion on such audit, the authorities in sec- ‘‘(F) Such other areas or matters as the the Treasury shall jointly enter into a tions 1806 and 1807 shall cease to be available Secretary of Defense may designate. memorandum of understanding regarding the to the military department for fiscal year ‘‘(3) The head of the Defense Contract transfer of jurisdiction of the Defense Fi- 2017 or any fiscal year thereafter. Audit Agency shall be under the supervision nance and Accounting Service under this (2) PROHIBITION ON EXPENDITURE OF FUNDS of, and shall report directly to, the Chief paragraph. The memorandum of under- FOR CERTAIN MDAPS PAST MILESTONE B.— Management Officer. standing shall provide for the transfer of the (A) PROHIBITION.—If a military department ‘‘(d) PRECEDENCE.—The Chief Management personnel and other resources of the Service fails to obtain an audit with an unqualified Officer takes precedence in the Department to the Department of the Treasury and for opinion on its financial statements for fiscal of Defense after the Secretary of Defense and the assumption of responsibility for such year 2017, effective as of the date of the the Deputy Secretary of Defense.’’. personnel and resources by the Department issuance of the opinion on such audit, (B) CONFORMING AMENDMENTS.— of the Treasury. (i) Section 131(b) of title 10, United States amounts may not be expended by the mili- (D) CONSTRUCTION.—Nothing in this para- tary department for a weapon or weapon sys- Code, is amended— graph shall be construed as terminating, al- tem or platform being acquired as a major (I) by striking paragraph (3); tering, or revising any responsibilities or au- defense acquisition program for any activity (II) by redesignating paragraph (2) as para- thorities of the Defense Finance and Ac- beyond Milestone B approval unless such graph (3); and counting Service (other than responsibilities program has already achieved Milestone B (III) by inserting after paragraph (1) the and authorities in connection with the exer- approval of the date of the issuance of the following new paragraph (2): cise of jurisdiction of the Service following opinion on such audit. ‘‘(2) The Chief Management Officer of the transfer under this paragraph). (B) DEFINITIONS.—In this paragraph: Department of Defense.’’. (i) The term ‘‘major defense acquisition (ii) Section 132 of such title is amended— SEC. 1810. ENTERPRISE RESOURCE PLANNING. program’’ has the meaning given that term (I) by striking subsection (c); and The Secretary of Defense shall amend the in section 2430 of title 10, United States (II) by redesignating subsections (d) and (e) acquisition guidance of the Department of Code. as subsections (c) and (d), respectively. Defense to provide for the following: (ii) The term ‘‘Milestone B approval’’ has (iii) Section 133(e)(1) of such title is amend- (1) The Defense Business System Manage- the meaning given that term in section ed by striking ‘‘and the Deputy Secretary of ment Committee may not approve procure- 2366(e)(7) of title 10, United States Code. Defense’’ and inserting ‘‘, the Deputy Sec- ment of any Enterprise Resource Planning (b) DEPARTMENT OF DEFENSE.—If the De- retary of Defense, and the Chief Management (ERP) business system that is independently partment of Defense fails to obtain an audit Officer of the Department of Defense’’. estimated to take longer than three years to with an unqualified opinion on its financial (iv) Such title is further amended by in- procure from initial obligation of funds to statements for fiscal year 2017, the following serting ‘‘the Chief Management Officer of full deployment and sustainment.

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00116 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.002 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15727 (2) Any contract for the acquisition of an (2) in paragraph (2), by striking ‘‘ ‘Military nance for the Army as the Secretary of De- Enterprise Resource Planning business sys- Eye Injury Registry’ ’’ and inserting ‘‘ ‘De- fense considers appropriate. tem shall include a provision authorizing fense and Veterans Eye Injury Registry’ ’’. (B) Notwithstanding section 114(c) of title termination of the contract at no cost to the (d) INCLUSION OF CERTAIN RECORDS IN REG- 10, United States Code, any collection from Government if procurement of the system ISTRY.—Subsection (e) of such section is the sale or transfer of defense articles from takes longer than three years from initial amended by striking ‘‘the Secretary con- Department of Defense stocks repaired, over- obligation of funds to full deployment and siders’’ and inserting ‘‘the Secretary of De- hauled, or refurbished with amounts from sustainment. fense and the Secretary of Veterans Affairs the Fund that are not intended to be re- (3) The Deputy Secretary of Defense (act- jointly consider’’. placed which sale or transfer is made pursu- ing in the capacity of Chief Management Of- ant to section 21(a)(1)(A) of the Arms Export ficer of the Department of Defense) or a suc- SA 3113. Mr. BROWN of Ohio sub- Control Act (22 U.S.C. 2761(a)(1)(A)), the For- cessor official in the Department of Defense mitted an amendment intended to be eign Assistance Act of 1961 (22 U.S.C. 2151 et (acting in such capacity) shall have the au- proposed by him to the bill S. 3254, to seq.), or another provision of law. thority to replace any program manager authorize appropriations for fiscal year (C) Notwithstanding section 37(a) of the (whether in a military department or a De- 2013 for military activities of the De- Arms Export Control Act (22 U.S.C. 2777(a)), fense Agency) for the procurement of an En- any cash payment from the sale or transfer terprise Resource Planning business system partment of Defense, for military con- of defense articles from Department of De- if procurement of the system takes longer struction, and for defense activities of fense stocks repaired, overhauled, or refur- than three years from initial obligation of the Department of Energy, to prescribe bished with amounts from the Fund that are funds to full deployment and sustainment. military personnel strengths for such intended to be replaced. (4) Any integrator contract for the imple- fiscal year, and for other purposes; (2) LIMITATION ON AMOUNTS CREDITABLE mentation of an Enterprise Resource Plan- which was ordered to lie on the table; FROM SALE OR TRANSFER OF ARTICLES.— ning business system shall only be awarded as follows: (A) CREDITS IN CONNECTION WITH ARTICLES to companies that have a history of success- NOT TO BE REPLACED.—The amount credited ful implementation of other Enterprise Re- At the end of subtitle E of title VIII, add to the Fund under paragraph (1)(B) in con- source Planning business systems for the the following: nection with a collection from the sale or Federal Government (whether with the De- SEC. 888. SMALL BUSINESS HUBZONES. transfer of defense articles may not exceed partment of Defense or another department (a) DEFINITION.—In this section, the term the cost incurred by the Department of De- or agency of the Federal Government), in- ‘‘covered base closure area’’ means a base fense in repairing, overhauling, or refur- cluding meeting cost and schedule goals. closure area that, on or before the date of en- bishing such defense articles under the pro- actment of this Act, was treated as a gram authorized by subsection (a). SA 3112. Mr. BROWN of Ohio (for HUBZone for purposes of the Small Business (B) CREDITS IN CONNECTION WITH ARTICLES Act (15 U.S.C. 631 et seq.) pursuant to section TO BE REPLACED.—The amount credited to himself and Mr. BOOZMAN) submitted 152(a)(2) of the Small Business Reauthoriza- an amendment intended to be proposed the Fund under paragraph (1)(C) in connec- tion and Manufacturing Assistance Act of tion with a sale or transfer of defense arti- by him to the bill S. 3254, to authorize 2004 (15 U.S.C. 632 note). cles may not exceed the amounts from the appropriations for fiscal year 2013 for (b) TREATMENT AS HUBZONE.—A covered Fund used to repair, overhaul, or refurbish military activities of the Department base closure area shall be treated as a such defense articles. of Defense, for military construction, HUBZone for purposes of the Small Business (3) LIMITATION ON SIZE OF FUND.—The total and for defense activities of the De- Act (15 U.S.C. 631 et seq.) during the 5-year amount in the Fund at any time may not ex- partment of Energy, to prescribe mili- period beginning on the date of enactment of ceed $50,000,000. this Act. tary personnel strengths for such fiscal (4) TREATMENT OF AMOUNTS CREDITED.— year, and for other purposes; which was Amounts credited to the Fund under this SA 3114. Mr. LEVIN submitted an subsection shall be merged with amounts in ordered to lie on the table; as follows: amendment intended to be proposed by the Fund, and shall remain available until At the end of subtitle D of title VII, add him to the bill S. 3254, to authorize ap- expended. the following: propriations for fiscal year 2013 for (d) NONAVAILABILITY OF AMOUNTS IN FUND SEC. 735. INCLUSION OF DEPARTMENT OF VET- military activities of the Department FOR STORAGE, MAINTENANCE, AND RELATED ERANS AFFAIRS IN VISION CENTER of Defense, for military construction, COSTS.—Following the repair, overhaul, or OF EXCELLENCE IN THE PREVEN- refurbishment of defense articles under the TION, DIAGNOSIS, MITIGATION, and for defense activities of the De- program authorized by subsection (a), TREATMENT, AND REHABILITATION partment of Energy, to prescribe mili- amounts in the Fund may not be used to pay OF MILITARY EYE INJURIES. tary personnel strengths for such fiscal costs of storage and maintenance of such de- (a) IN GENERAL.—Subsection (a) of section year, and for other purposes; which was fense articles or any other costs associated 1623 of the Wounded Warrior Act (title XVI ordered to lie on the table; as follows: with the preservation or preparation for sale of Public Law 110–181; 10 U.S.C. 1071 note) is At the end of subtitle D of title XII, add or transfer of such defense articles. amended by striking ‘‘shall establish within the following: (e) SALES OR TRANSFERS OF DEFENSE ARTI- the Department of Defense’’ and inserting CLES.— SEC. 1246. PROGRAM ON REPAIR, OVERHAUL, ‘‘and the Secretary of Veterans Affairs shall (1) IN GENERAL.—Any sale or transfer of de- jointly provide for’’. AND REFURBISHMENT OF DEFENSE ARTICLES FOR SALE OR TRANSFER fense articles repaired, overhauled, or refur- (b) PARTNERSHIPS.—Subsection (b) of such TO ELIGIBLE FOREIGN COUNTRIES bished under the program authorized by sub- section is amended by striking ‘‘Secretary AND ENTITIES. section (a) shall be in accordance with— shall ensure that the center collaborates to (a) PROGRAM AUTHORIZED.—The Secretary (A) the Arms Export Control Act (22 U.S.C. the maximum extent practicable with the of Defense may carry out a program to re- 2751 et seq.); Secretary of Veterans Affairs,’’ and inserting pair, overhaul, or refurbish in-stock defense (B) the Foreign Assistance Act of 1961; or ‘‘Secretary of Defense and the Secretary of articles in anticipation of the sale or trans- (C) another provision of law authorizing Veterans Affairs shall jointly ensure that fer of such defense articles to eligible foreign such sale or transfer. the center collaborates to the maximum ex- countries or international organizations (2) SECRETARY OF STATE CONCURRENCE RE- tent practicable with the Department of De- under law. QUIRED FOR CERTAIN SALES OR TRANSFERS TO fense, the Department of Veterans Affairs,’’. (b) FUND FOR SUPPORT OF PROGRAM AU- FOREIGN COUNTRIES.—If the sale or transfer of (c) RESPONSIBILITIES.—Subsection (c) of THORIZED.—The Secretary of Defense may es- defense articles occurs in accordance with a such section is amended— tablish and administer a fund to be known as provision of law referred to in paragraph (1) in paragraph (1)— the ‘‘Special Defense Repair Fund’’ (in this (1)(C) that does not otherwise require the (A) in subparagraph (A) by striking ‘‘, as section referred to as the ‘‘Fund’’) to support concurrence of the Secretary of State for the developed by the Secretary of Defense,’’ and the program authorized by subsection (a). sale or transfer, the sale or transfer may be inserting ‘‘and the Department of Veterans (c) CREDITS TO FUND.— made only with the concurrence of the Sec- Affairs’’; (1) IN GENERAL.—Subject to paragraphs (2) retary of State. (B) by inserting ‘‘the Secretary of Defense and (3), the following shall be credited to the (f) TRANSFERS OF AMOUNTS.— and’’ before ‘‘the Secretary of Veterans Af- Fund: (1) TRANSFER TO OTHER DEPARTMENT OF DE- fairs’’ each place it appears; and (A) Subject to applicable provisions of ap- FENSE ACCOUNTS.—Amounts in the Fund may (C) in subparagraph (C), by striking ‘‘the propriations Acts, such amounts, not to ex- be transferred to any Department of Defense Veterans Health Administration’’ and insert- ceed $48,400,000 per fiscal year, from amounts account used to carry out the program au- ing ‘‘the Department of Defense or the De- authorized to be appropriated for the Depart- thorized by subsection (a). Any amount so partment of Veterans Affairs’’; and ment of Defense for operation and mainte- transferred shall be merged with amounts in

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00117 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.002 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15728 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 28, 2012 the account to which transferred, and shall SA 3115. Mr. UDALL of Colorado (for partment of Energy, to prescribe mili- be available for the same purposes and the himself and Mr. LEAHY) submitted an tary personnel strengths for such fiscal same time period as amounts in the account amendment intended to be proposed by year, and for other purposes; which was to which transferred. him to the bill S. 3254, to authorize ap- ordered to lie on the table; as follows: (2) TRANSFER FROM OTHER DEPARTMENT OF DEFENSE ACCOUNTS.—Upon a determination propriations for fiscal year 2013 for At the end of subtitle D of title X, add the by the Secretary of Defense with respect to military activities of the Department following: an amount transferred under paragraph (1) of Defense, for military construction, SEC. 1032. CLARIFICATION OF RULE OF CON- that all or part of such transfer is not nec- and for defense activities of the De- STRUCTION APPLICABLE TO AFFIR- essary for the purposes transferred, such MATION OF AUTHORITY FOR THE partment of Energy, to prescribe mili- ARMED FORCES TO DETAIN COV- amount may be transferred back to the tary personnel strengths for such fiscal ERED PERSONS PURSUANT TO THE Fund. Any amount so transferred shall be year, and for other purposes; which was AUTHORIZATION FOR USE OF MILI- merged with amounts in the Fund, and shall ordered to lie on the table; as follows: TARY FORCE. remain available until expended. Section 1021(e) of the National Defense Au- At the end of subtitle D of title X, add the (g) CERTAIN EXCESS PROCEEDS TO BE CRED- thorization Act for Fiscal Year 2012 (Public following: ITED TO SPECIAL DEFENSE ACQUISITION Law 112–81; 125 Stat. 1562; 10 U.S.C. 801 note) SEC. 1032. DISPOSITION OF COVERED PERSONS FUND.—Any collection from the sale or is amended— DETAINED IN THE UNITED STATES (1) by striking ‘‘in this section’’ and insert- transfer of defense articles that are not in- PURSUANT TO THE AUTHORIZATION tended to be replaced in excess of the FOR USE OF MILITARY FORCE. ing ‘‘in this Act or the Authorization for Use amount creditable to the Fund under sub- Section 1021 of the National Defense Au- of Military Force’’; and section (c)(2)(A) shall be credited to the Spe- thorization Act for Fiscal Year 2012 (Public (2) by striking ‘‘to affect existing law or cial Defense Acquisition Fund established Law 112–81; 125 Stat. 1562; 10 U.S.C. 801 note) authorities relating to’’ and inserting ‘‘to pursuant to chapter 5 of the Arms Export is amended— authorize’’. Control Act (22 U.S.C. 2795 et seq.). (1) in subsection (c), by striking ‘‘The (h) REPORTS.— disposition’’and inserting ‘‘Except as pro- SA 3117. Mr. HATCH (for himself, Mr. (1) ANNUAL REPORT.—Not later than 45 days vided in subsection (g), the disposition’’; and CHAMBLISS, and Mr. LEE) submitted an after the end of each fiscal year through the (2) by adding at the end the following new amendment intended to be proposed by date of expiration specified in subsection (j), subsections: him to the bill S. 3254, to authorize ap- the Secretary of Defense shall submit to the ‘‘(g) DISPOSITION OF COVERED PERSONS DE- propriations for fiscal year 2013 for congressional defense committees a report TAINED IN THE UNITED STATES.— military activities of the Department on the authorities under this section during ‘‘(1) PERSONS DETAINED PURSUANT TO THIS of Defense, for military construction, ACT, THE AUTHORIZATION FOR USE OF MILITARY such fiscal year. Each report shall include, and for defense activities of the De- for the fiscal year covered by such report, FORCE, OR THE NATIONAL DEFENSE AUTHORIZA- the following: TION ACT FOR FISCAL YEAR 2013.—In the case of partment of Energy, to prescribe mili- (A) The types and quantities of defense ar- a covered person who is detained in the tary personnel strengths for such fiscal ticles repaired, overhauled, or refurbished United States pursuant to this Act, the Au- year, and for other purposes; which was under the program authorized by subsection thorization for Use of Military Force, or the ordered to lie on the table; as follows: (a). National Defense Authorization Act for Fis- At the end of subtitle C of title III, add the (B) The value of the repair, overhaul, or re- cal Year 2013, disposition under the law of following: war shall occur immediately upon the person furbishment performed under the program. SEC. 322. INCLUSION OF SENIOR OFFICIALS AT (C) The amount of operation and mainte- coming into custody of the United States AIR LOGISTICS COMPLEXES IN RAT- nance funds credited to the Fund under sub- Government and shall only mean the imme- ING CHAINS FOR SYSTEM PROGRAM section (c)(1)(A). diate transfer of the person for trial and pro- MANAGERS. (D) The amount of any collections from the ceedings with all the due process rights as Notwithstanding any other provision of sale or transfer of defense articles repaired, provided for under the Constitution of the law, the rating chain for a system program overhauled, or refurbished under the pro- United States. manager may include, at any level, any sen- gram that was credited to the Fund under ‘‘(2) PROHIBITION ON TRANSFER TO MILITARY ior official located at an Air Logistics Com- subsection (c)(1)(B). CUSTODY.—No person detained, captured, or plex where the system program manager is (E) The amount of any cash payments from arrested in the United States, or a territory based. the sale or transfer of defense articles re- or possession of the United States, may be paired, overhauled, or refurbished under the transferred to the custody of the Armed SA 3118. Mr. PAUL submitted an program that was credited to the Fund under Forces for detention under this Act, the Au- amendment intended to be proposed by subsection (c)(1)(C). thorization for Use of Military Force, or the him to the bill S. 3254, to authorize ap- (2) ASSESSMENT REPORT.—Not later than National Defense Authorization Act for Fis- propriations for fiscal year 2013 for February 1, 2015, the Secretary of Defense cal Year 2013. military activities of the Department shall submit to the congressional defense ‘‘(h) RULE OF CONSTRUCTION.—This section committees a report on the operation of the shall not be construed to authorize the de- of Defense, for military construction, authorities in this section. The report shall tention of a person within the United States, and for defense activities of the De- include an assessment of the effectiveness of or a territory or possession of the United partment of Energy, to prescribe mili- the authorities in meeting the objectives of States, under this Act, the Authorization for tary personnel strengths for such fiscal the program authorized by subsection (a). Use of Military Force, or the National De- year, and for other purposes; which was (i) DEFENSE ARTICLE DEFINED.—In this sec- fense Authorization Act for Fiscal Year ordered to lie on the table; as follows: 2013.’’. tion, the term ‘‘defense article’’ has the At the end of subtitle E of title VIII, add meaning given that term in section 47(3) of SEC. 1033. REPEAL OF REQUIREMENT FOR MILI- the following: TARY CUSTODY. the Arms Export Control Act (22 U.S.C. SEC. 888. FEDERAL PRISON INDUSTRIES. 2794(3)). (a) REPEAL.—Section 1022 of the National Defense Authorization Act for Fiscal Year (a) PURCHASE OF PRISON-MADE PRODUCTS BY (j) EXPIRATION OF AUTHORITY.—The author- 2012 (Public Law 112–81; 125 Stat. 1563; 10 FEDERAL DEPARTMENTS.— ity to carry out the program authorized by U.S.C. 801 note) is hereby repealed. (1) REPEAL OF PURCHASE REQUIREMENT.— subsection (a), and to use amounts in the (b) CONFORMING AMENDMENT.—Section Section 4124 of title 18, United States Code, Fund in support of the program, shall expire 1029(b) of such Act (125 Stat. 1570) is amended is amended— on September 30, 2015. by striking ‘‘applies to’’ and all that follows (A) in subsection (a)— (k) FUNDING FOR FISCAL YEAR 2013.—Of the through ‘‘any other person’’ and inserting (i) by striking ‘‘shall purchase’’ and insert- amounts authorized to be appropriated for ‘‘applies to any person’’. ing ‘‘may purchase’’; and fiscal year 2013 by section 1504 for Overseas (ii) by inserting ‘‘and services’’ after ‘‘such Contingency Operations and available for op- SA 3116. Mr. UDALL of Colorado (for products’’; and eration and maintenance for the Army as himself and Mr. LEAHY) submitted an (B) in subsection (c), by striking ‘‘subject specified in funding table in section 4302, amendment intended to be proposed by to the requirements of subsection (a)’’ and $48,400,000 shall be available for deposit in him to the bill S. 3254, to authorize ap- inserting ‘‘that purchases such products or the Fund pursuant to subsection (c)(1)(A), services of the industries authorized by this with the amount of the deposit to be attrib- propriations for fiscal year 2013 for chapter’’. utable to amounts otherwise so available for military activities of the Department (2) TECHNICAL AND CONFORMING AMEND- the YMQ–18A unmanned aerial vehicle, of Defense, for military construction, MENT.—Section 8504(b) of title 41, United which has been cancelled. and for defense activities of the De- States Code, is amended by striking ‘‘and

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00118 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.002 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15729 that is required under section 4124 of title 18 him to the bill S. 3254, to authorize ap- of the world and because it is immediately to be procured from that industry’’. propriations for fiscal year 2013 for adjacent to existing domestic wireless spec- (b) PROHIBITION ON AWARD OF CERTAIN CON- military activities of the Department trum and would fit seamlessly into the cur- TRACTS TO FEDERAL PRISON INDUSTRIES, of Defense, for military construction, rent mobile broadband spectrum portfolio al- INC..—Notwithstanding any other provision lowing for more immediate equipment devel- of law, a Federal agency may not award a and for defense activities of the De- opment and deployment; contract to Federal Prison Industries after partment of Energy, to prescribe mili- (9) the Department of Defense should pre- competition restricted to small business con- tary personnel strengths for such fiscal pare a long term plan in consultation with cerns under section 15 of the Small Business year, and for other purposes; which was relevant agencies and private sector stake- Act (15 U.S.C. 644) or the program estab- ordered to lie on the table; as follows: holders to determine equitable outcomes for lished under section 8(a) of the Small Busi- At the appropriate place, insert the fol- the Nation in relation to spectrum use that ness Act (15 U.S.C. 637(a)). lowing: balances the private sector’s demand for (c) SHARE OF INDEFINITE DELIVERY/INDEFI- SEC. lll. SENSE OF CONGRESS REGARDING spectrum with national security needs; NITE QUANTITY CONTRACTS.— SPECTRUM REALLOCATION. (10) in most cases Federal operations can (1) IN GENERAL.—Not later than 180 days It is the sense of Congress that— and should be relocated from this band, pos- after the date of the enactment of this Act, (1) the Nation’s mobile communications in- sibly except for a limited subset of oper- the Federal Acquisition Regulatory Council dustry is a significant economic engine, by ations in rural areas where a Federal Gov- shall amend the Federal Acquisition Regula- one estimate directly or indirectly sup- ernment station cannot be relocated without tion to require that if the head of an execu- porting 3,800,000 jobs, or 2.6 percent of all jeopardizing essential military capability; tive agency reduces the quantity of items to United States employment, contributing (11) auctioning this band on a paired basis be delivered under an indefinite delivery/in- $195,500,000,000 to the United States gross do- with the band between 2155–2180 MHz that definite quantity contract to which Federal mestic product and driving $33,000,000,000 in was designated for auction under the Middle Prison Industries is a party, the head of the productivity improvements in 2011; Class Tax Relief and Job Creation Act of 2012 executive agency shall reduce Federal Prison (2) while wireless carriers are continually would permit alignment with existing serv- Industries’s share of the items to be deliv- implementing new and more efficient tech- ices, facilitate faster deployment of services, ered under the contract by the same percent- nologies and techniques to maximize their maximize efficient use of the spectrum, and age by which the total number of items to be existing spectrum capacity, there is a press- yield more dollars in auction revenues than delivered under the contract from all sources ing need for additional spectrum for com- if the 1755–1780 MHz were auctioned by itself; is reduced. mercial mobile broadband services, with one (12) the President should therefore expedi- (2) DEFINITIONS.—In this subsection— report predicting that global mobile data tiously direct Federal users on the 1755–1780 (A) the term ‘‘executive agency’’ has the traffic will increase 18-fold between 2011 and MHz band to prepare, not later than May 31, meaning given the term in section 133 of 2016 at a compound annual growth rate of 78 2013, a relocation plan that includes the title 41, United States Code; and percent, reaching 10.8 exabytes per month by costs of relocating from this band; and (B) the term ‘‘Federal Acquisition Regu- 2016; (13) the Federal Communications Commis- latory Council’’ means the Federal Acquisi- (3) as the Nation faces the current spec- sion reallocate this band to commercial use tion Regulatory Council established under trum shortage, consideration should be given and auction it on a paired basis with the band between 2155–2180 MHz. section 1302(a) of title 41, United States to both the supply of spectrum for licensed Code. networks and for unlicensed devices; SA 3121. Mr. WICKER submitted an Mr. PAUL submitted an (4) while this additional demand can be amendment intended to be proposed by SA 3119. met in part by reallocating spectrum from amendment intended to be proposed by existing non-governmental uses, the re- him to the bill S. 3254, to authorize ap- him to the bill S. 3254, to authorize ap- allocation of Federal Government spectrum propriations for fiscal year 2013 for propriations for fiscal year 2013 for for commercial use must also be part of the military activities of the Department military activities of the Department solution, given that, according to a 2012 Gov- of Defense, for military construction, of Defense, for military construction, ernment Accountability Office study, the and for defense activities of the De- and for defense activities of the De- percentage of the most highly valued spec- partment of Energy, to prescribe mili- partment of Energy, to prescribe mili- trum, that below 3700 MHz, used exclusively tary personnel strengths for such fiscal tary personnel strengths for such fiscal or predominantly by the Federal Govern- year, and for other purposes; which was year, and for other purposes; which was ment ranges from approximately 39 percent ordered to lie on the table; as follows: to 57 percent with exclusive Government use At the end of subtitle E of title XXVIII, ordered to lie on the table; as follows: accounting for 18 percent of the total add the following: At the end of subtitle H of title X, add the amount of spectrum below 3700 MHz; following: (5) existing law ensures that Federal oper- SEC. 2844. ADDITIONAL EXEMPTIONS FROM CER- TAIN REQUIREMENTS APPLICABLE SEC. 1084. IMPROVED ENUMERATION OF MEM- ations are not harmed as a result of a re- TO FUNDING FOR DATA SERVERS BERS OF THE ARMED FORCES IN allocation of spectrum for commercial use, AND CENTERS. ANY TABULATION OF TOTAL POPU- including through the establishment of the LATION BY SECRETARY OF COM- Section 2867(c) of the Military Construc- MERCE. Spectrum Relocation Fund to reimburse tion Authorization Act for Fiscal Year 2012 (a) IN GENERAL.—Section 141 of title 13, Federal users for the costs of planning and (division B of Public Law 112–81; 125 Stat. United States Code, is amended— implementing relocation and, with respect 1706; 10 U.S.C. 2223a note) is amended— (1) by redesignating subsection (g) as sub- to spectrum vacated by the Department of (1) by striking ‘‘EXCEPTION.—The Chief’’ section (h); and Defense, certification by the Secretaries of and inserting the following: ‘‘EXCEPTIONS.— (2) by inserting after subsection (f) the fol- Defense and Commerce and the Chairman of ‘‘(1) EXEMPTION AUTHORITY.—The Chief’’; lowing: the Joint Chiefs of Staff that replacement and ‘‘(g) Effective beginning with the 2020 de- spectrum provides comparable technical (2) by inserting at the end the following cennial census of population, in taking any characteristics to restore essential military new paragraph: tabulation of total population by States, the capability; ‘‘(2) HIGH PERFORMANCE COMPUTING MOD- Secretary shall take appropriate measures to (6) wherever possible, Federal Government ERNIZATION PROGRAM.—This section does not ensure, to the maximum extent practicable, spectrum identified for commercial use apply to the high performance computing that all members of the Armed Forces de- should be reallocated for such use; modernization program.’’. ployed abroad on the date of taking such (7) commercial users should only be re- tabulation are— quired to share spectrum with government SA 3122. Mr. WICKER submitted an ‘‘(1) fully and accurately counted; and users as a transition mechanism while spec- amendment intended to be proposed by ‘‘(2) properly attributed to the State in trum is being cleared by Federal users or in him to the bill S. 3254, to authorize ap- which their residence at their permanent limited exclusion zones where relocation of propriations for fiscal year 2013 for duty station or homeport is located on such existing Federal uses is not feasible, or military activities of the Department date.’’. where it can be determined that sharing will of Defense, for military construction, (b) CONSTRUCTION.—The amendments made not significantly impair use of the spectrum and for defense activities of the De- by subsection (a) shall not be construed to for broadband services; affect the residency status of any member of (8) among existing Federal Government partment of Energy, to prescribe mili- the Armed Forces under any provision of law bands, the spectrum between 1755–1780 MHz is tary personnel strengths for such fiscal other than title 13, United States Code. particularly well-suited for reallocation to year, and for other purposes; which was commercial use because it is identified inter- ordered to lie on the table; as follows: SA 3120. Mr. THUNE submitted an nationally for commercial mobile services At the end of subtitle D of title XII, add amendment intended to be proposed by and is used for that purpose throughout most the following:

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00119 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.002 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15730 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 28, 2012 SEC. 1246. SENSE OF THE SENATE ON THE other equipment depleted during the current intended to be proposed by him to the ISRAELI IRON DOME DEFENSIVE conflict. WEAPON SYSTEM. bill S. 3254, to authorize appropriations for fiscal year 2013 for military activi- (a) FINDINGS.—The Senate makes the fol- SA 3123. Mr. KYL (for himself, Mr. lowing findings: ties of the Department of Defense, for LIEBERMAN, Mr. INHOFE, Mr. RISCH, Mr. (1) The citizens of Israel have suffered military construction, and for defense under a continual barrage of missiles, rock- LUGAR, Mr. DEMINT, Mr. CORNYN, Mr. activities of the Department of Energy, ets, and mortar shells from the Hamas-con- RUBIO, Mr. WICKER, Ms. AYOTTE, Ms. to prescribe military personnel trolled Gaza Strip. COLLINS, Mr. SESSIONS, Mr. VITTER, and strengths for such fiscal year, and for (2) Hamas has been designated by the Sec- Mr. CORKER) proposed an amendment retary of State as a Foreign Terrorist Orga- other purposes; which was ordered to to the bill S. 3254, to authorize appro- lie on the table; as follows: nization. priations for fiscal year 2013 for mili- At the end of title VIII, add the following: (3) Hamas and other terrorist groups in tary activities of the Department of Gaza have routinely used human shields and Defense, for military construction, and Subtitle F—Ending Trafficking in launched rockets from civilian areas. Government Contracting for defense activities of the Depart- (4) Israel has gone to extraordinary lengths SEC. 891. SHORT TITLE. to avoid Palestinian civilian casualties, in- ment of Energy, to prescribe military This subtitle may be cited as the ‘‘End cluding aborting attacks on military targets personnel strengths for such fiscal Trafficking in Government Contracting Act because of the presence of civilians, alerting year, and for other purposes; as fol- of 2012’’. civilians to leave areas of potential conflict, lows: SEC. 892. DEFINITIONS. and allowing the importation of medical and In this subtitle: other supplies into Gaza. At the end of subtitle F of title X, add the (1) COMMERCIAL SEX ACT.—The term ‘‘com- (5) Israel faces additional rocket and mis- following: mercial sex act’’ has the meaning given the sile threats from Lebanon and Syria. SEC. 1064. BRIEFINGS AND CONSULTATIONS ON term in section 22.1702 of the Federal Acqui- (6) The Government of Iran has supplied THE MILITARY IMPLICATIONS OF PROPOSALS OF THE UNITED STATES sition Regulation (or any similar successor Hamas with advanced longer range missiles AND RUSSIA UNDER CONSIDER- regulation) . such as the Fajar–5. ATION IN NEGOTIATIONS ON NU- (7) Hamas has deployed these weapons to (2) EXECUTIVE AGENCY.—The term ‘‘execu- CLEAR ARMS, MISSILE DEFENSE, tive agency’’ has the meaning given the term be fired from within their own civilian popu- AND LONG-RANGE CONVENTIONAL in section 133 of title 41, United States Code. lation. STRIKE SYSTEM MATTERS. (3) SUBCONTRACTOR.—The term ‘‘subcon- (8) The Government of Israel, taking seri- (a) BRIEFINGS AND CONSULTATIONS.— tractor’’ means a recipient of a contract at ously the threat of short range rockets and (1) BRIEFINGS.—Not later than 30 days after any tier under a grant, contract, or coopera- mortars, designed, developed, and produced the date of the enactment of this Act, and tive agreement. the Iron Dome system to address those every 120 days thereafter, the Secretary of (4) SUBGRANTEE.—The term ‘‘subgrantee’’ threats. Defense shall, in coordination with the means a recipient of a grant at any tier (9) The Iron Dome system has successfully Chairman of the Joint Chiefs of Staff, pro- under a grant or cooperative agreement. intercepted hundreds of rockets targeting vide to the appropriate committees of Con- (5) UNITED STATES.—The term ‘‘United population centers in Israel. gress a briefing on the military and strategic States’’ has the meaning provided in section (10) The Iron Dome system has maintained implications of any offer or proposal, by ei- 103(12) of the Trafficking Victims Protection a success rate of close to 90 percent. ther the Russian Federation or the United Act of 2000 (22 U.S.C. 7102(12)). (11) The Government of Israel currently States, to limit or control nuclear arms, maintains 5 Iron Dome batteries, a number missile defense systems, or long-range con- SEC. 893. CONTRACTING REQUIREMENTS. insufficient to protect all of Israel. ventional strike systems, including any pro- (a) IN GENERAL.—Section 106(g) of the Traf- (12) It appears that approximately 10 addi- posal as part of formal negotiations between ficking Victims Protection Act of 2000 (22 tional Iron Dome batteries are needed to pro- the two countries or otherwise exchanged be- U.S.C. 7104(g)) is amended by striking ‘‘if the tect all of Israel. tween official entities of the two countries. grantee or any subgrantee,’’ and all that fol- (13) The United States Government, recog- (2) BASIS OF QUARTERLY CONSULTATIONS.— lows through the period at the end and in- nizing the threat to Israeli citizens and de- The briefings under paragraph (1) shall serve serting the following: ‘‘or take any of the sirous of promoting peace, approved funding as the basis for quarterly consultations to be other remedial actions authorized under sec- to assist the Government of Israel in pro- provided by the Secretary to the appropriate tion 895(c) of the End Trafficking in Govern- curing Iron Dome batteries. committees of Congress on any current pro- ment Contracting Act of 2012, if the grantee (14) Israel maintains a significant inven- posals described in that paragraph. or any subgrantee, or the contractor or any tory of Iron Dome interceptors which has (b) SENSE OF CONGRESS.—It is the sense of subcontractor, engages in, or uses labor re- been reduced due to attacks from Gaza. Congress that any agreement of the United cruiters, brokers, or other agents who en- (15) Israel used a significant number of pre- States with the Russian Federation related gage in— cision-guided munitions in order to destroy to missile defense, nuclear weapons, or long- ‘‘(i) severe forms of trafficking in persons; military targets while minimizing civilian range conventional strike systems that ‘‘(ii) the procurement of a commercial sex casualties in its recent defensive effort in would limit, constrain, or reduce the Armed act during the period of time that the grant, Gaza. Forces or armaments of the United States in contract, or cooperative agreement is in ef- (16) President Barack Obama has expressed any militarily significant manner may be fect; his intention to seek additional funding for made only pursuant to the treaty-making ‘‘(iii) the use of forced labor in the per- Iron Dome and other United States-Israel power of the President as set forth in Article formance of the grant, contract, or coopera- missile defense systems. II, section, 2, clause 2, of the Constitution of tive agreement, or (b) SENSE OF THE SENATE.—The Senate— the United States, as consistent with section ‘‘(iv) acts that directly support or advance (1) reaffirms its commitment to the secu- 303(b) of the Arms Control and Disarmament trafficking in persons, including the fol- rity of our ally and strategic partner, Israel; Act. lowing acts: (2) fully supports Israel’s right to defend (c) APPROPRIATE COMMITTEES OF CONGRESS ‘‘(I) Destroying, concealing, removing, con- itself against acts of terrorism; DEFINED.—In this section, the term ‘‘appro- fiscating, or otherwise denying an employee (3) sympathizes with the families of priate committees of Congress’’ means— access to that employee’s identity or immi- Israelis who have come under the indiscrimi- (1) the Committee on Armed Services, the gration documents without the employee’s nate rocket fire from Hamas-controlled Committee on Foreign Relations, and the consent. Gaza; Committee on Appropriations of the Senate; ‘‘(II) Failing to pay return transportation (4) recognizes the exceptional success of and costs to an employee upon the end of em- the Iron Dome Missile Defense system in de- (2) the Committee on Armed Services, the ployment, unless— fending the population of Israel; Committee on Foreign Affairs, and the Com- ‘‘(aa) exempted from the duty to repatriate (5) desires to help ensure that Israel has mittee on Appropriations of the House of by the Federal department or agency pro- the means to defend itself against terrorist Representatives. viding or entering into the grant, contract, attacks, including through the acquisition of or cooperative agreement; or additional Iron Dome batteries and intercep- SA 3124. Mr. BLUMENTHAL (for ‘‘(bb) the employee is a victim of human tors; and trafficking seeking victim services or legal himself, Mr. PORTMAN, Mr. LIEBERMAN, (6) urges the Departments of Defense and redress in the country of employment or a State to explore with their Israeli counter- Ms. COLLINS, Mr. FRANKEN, Mrs. GILLI- witness in a human trafficking enforcement parts and alert the Senate of any needs the BRAND, Mr. LAUTENBERG, Mrs. action. Israeli Defense Force may have for addi- HUTCHISON, Mr. RUBIO, Mr. BEGICH, and ‘‘(III) Soliciting a person for the purpose of tional Iron Dome batteries, interceptors, or Mr. TESTER) submitted an amendment employment, or offering employment, by

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00120 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.002 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15731 means of materially false or fraudulent pre- is 90 days after the Federal Acquisition Reg- the recipient of a contract, grant, or cooper- tenses, representations, or promises regard- ulation is amended pursuant to subsection ative agreement; any subgrantee or subcon- ing that employment. (e). tractor of the recipient; or any agent of the ‘‘(IV) Charging recruited employees unrea- SEC. 895. MONITORING AND INVESTIGATION OF recipient or of a subgrantee or subcon- sonable placement or recruitment fees, such TRAFFICKING IN PERSONS. tractor, engaged in any of the activities de- as fees equal to or greater than the employ- (a) REFERRAL AND INVESTIGATION.— scribed in section 106(g) of the Trafficking ee’s monthly salary, or recruitment fees that (1) REFERRAL.—If the contracting or grant Victims Protection Act of 2000 (22 U.S.C. violate the laws of the country from which officer of an executive agency for a grant, 7104(g)), as amended by section 893. an employee is recruited. contract, or cooperative agreement receives (c) REMEDIAL ACTIONS.— ‘‘(V) Providing or arranging housing that credible information that a recipient of the (1) IN GENERAL.—If the head of an executive fails to meet the host country housing and grant, contract, or cooperative agreement; agency determines pursuant to subsection safety standards.’’. any subgrantee or subcontractor of the re- (b)(2) that the recipient of a contract, grant, (b) EFFECTIVE DATE.—The amendment cipient; or any agent of the recipient or of or cooperative agreement; any subgrantee or made by subsection (a) shall take effect 90 such a subgrantee or subcontractor, has en- subcontractor of the recipient; or any agent days after the date of the enactment of this gaged in an activity described in section of the recipient or of a subgrantee or subcon- Act. 106(g) of the Trafficking Victims Protection tractor, engaged in any of the activities de- scribed in section 106(g) of the Trafficking SEC. 894. COMPLIANCE PLAN AND CERTIFI- Act of 2000 (22 U.S.C. 7104(g)), as amended by CATION REQUIREMENT. section 893, including a report from a con- Victims Protection Act of 2000 (22 U.S.C. 7104(g)), as amended by section 893, or is no- (a) REQUIREMENT.—The head of an execu- tracting officer representative, an auditor, tive agency may not provide or enter into a an alleged victim or victim’s representative, tified of an indictment for an offense under grant, contract, or cooperative agreement if or any other credible source, the contracting subsection (a)(3), the head of agency shall the estimated value of the services required or grant officer shall promptly refer the mat- consider taking one or more of the following to be performed under the grant, contract, or ter to the agency’s Office of Inspector Gen- remedial actions: cooperative agreement outside the United eral for investigation. The contracting offi- (A) Requiring the recipient to remove an employee from the performance of work States exceeds $500,000, unless a duly des- cer may also direct the contractor to take under the grant, contract, or cooperative ignated representative of the recipient of specific steps to abate an alleged violation or agreement. such grant, contract, or cooperative agree- enforce the requirements of a compliance (B) Requiring the recipient to terminate a ment certifies to the contracting or grant of- plan implemented pursuant to section 894. subcontract or subgrant. ficer prior to receiving an award and on an (2) INVESTIGATION.—Where appropriate, an (C) Suspending payments under the grant, annual basis thereafter, after having con- Inspector General who receives credible in- contract, or cooperative agreement until ducted due diligence, that— formation that a recipient of the grant, con- such time as the recipient of the grant, con- (1) the recipient has implemented a plan to tract, or cooperative agreement; any sub- tract, or cooperative agreement has taken prevent the activities described in section grantee or subcontractor of the recipient; or appropriate remedial action. any agent of the recipient or of such a sub- 106(g) of the Trafficking Victims Protection (D) Withholding award fees, consistent grantee or subcontractor, has engaged in an Act of 2000 (22 U.S.C. 7104(g)), as amended by with the award fee plan, for the performance section 3, and is in compliance with that activity described in section 106(g) of the period in which the agency determined the plan; Trafficking Victims Protection Act of 2000 contractor or subcontractor engaged in any (2) the recipient has implemented proce- (22 U.S.C. 7104(g)), as amended by section 893, of the activities described in such section dures to prevent any activities described in pursuant to a referral under paragraph (1) or 106(g). such section 106(g) and to monitor, detect, otherwise, shall promptly initiate an inves- (E) Declining to exercise available options and terminate any subcontractor, sub- tigation of the matter. In the event that an under the contract. grantee, or employee of the recipient engag- Inspector General does not initiate an inves- (F) Terminating the contract for default or ing in any activities described in such sec- tigation, the Inspector General shall provide cause, in accordance with the termination tion; and an explanation for the decision not to inves- clause for the contract. (3) to the best of the representative’s tigate. (G) Referring the matter to the agency sus- knowledge, neither the recipient, nor any (3) CRIMINAL INVESTIGATION.—If the matter pension and debarment official. subcontractor or subgrantee of the recipient is referred to the Department of Justice for (2) SAVINGS CLAUSE.—Nothing in this sub- or any agent of the recipient or of such a criminal prosecution, the Inspector General section shall be construed as limiting the subcontractor or subgrantee, is engaged in may suspend any investigation under this scope of applicable remedies available to the any of the activities described in such sec- subsection pending the outcome of the crimi- Federal Government. tion. nal prosecution. If the criminal investiga- (3) MITIGATING FACTOR.—Where applicable, (b) LIMITATION.—Any plan or procedures tion results in an indictment of the recipient the head of an executive agency may con- implemented pursuant to subsection (a) shall of a contract, grant, or cooperative agree- sider whether the contractor or grantee had be appropriate to the size and complexity of ment; any subgrantee or subcontractor of a plan in place under section 894, and was in the grant, contract, or cooperative agree- the recipient; or any agent of the recipient compliance with that plan at the time of the ment and to the nature and scope of its ac- or of a subgrantee or subcontractor, the In- violation, as a mitigating factor in deter- tivities, including the number of non-United spector General shall notify the head of the mining which remedies, if any, should apply. States citizens expected to be employed. executive agency that awarded the contract, (4) AGGRAVATING FACTOR.—Where applica- (c) DISCLOSURE.—The recipient shall pro- grant, or cooperative agreement of the in- ble, the head of an executive agency may vide a copy of the plan to the contracting or dictment. If the criminal investigation re- consider the failure of a contractor or grant- grant officer upon request, and as appro- sults in a decision not to prosecute, the In- ee to abate an alleged violation or enforce priate, shall post the useful and relevant spector General shall resume any investiga- the requirements of a compliance plan when contents of the plan or related materials on tion that was suspended pursuant to this directed by a contracting officer pursuant to its website and at the workplace. paragraph. subsection (a)(1) as an aggravating factor in (d) GUIDANCE.—The President, in consulta- (b) REPORT AND DETERMINATION.— determining which remedies, if any, should tion with the Secretary of State, the Attor- (1) REPORT.—Upon completion of an inves- apply. ney General, the Secretary of Defense, the tigation under subsection (a), the Inspector (d) INCLUSION OF REPORT CONCLUSIONS IN Secretary of Labor, the Secretary of Home- General shall submit a report on the inves- FAPIIS.— land Security, the Administrator for the tigation, including conclusions about wheth- (1) IN GENERAL.—The head of an executive United States Agency for International De- er the recipient of a grant, contract, or coop- agency shall ensure that any written deter- velopment, and the heads of such other exec- erative agreement; any subcontractor or sub- mination under subsection (b) is included in utive agencies as the President deems appro- grantee of the recipient; or any agent of the the Federal Awardee Performance and Integ- priate, shall establish minimum require- recipient or of such a subcontractor or sub- rity Information System (FAPIIS). ments for contractor plans and procedures to grantee, engaged in any of the activities de- (2) AMENDMENT TO TITLE 41, UNITED STATES be implemented pursuant to this section. scribed in section 106(g) of the Trafficking CODE.—Section 2313(c)(1)(E) of title 41, United (e) REGULATIONS.—Not later than 270 days Victims Protection Act of 2000 (22 U.S.C. States Code, is amended to read as follows: after the date of the enactment of this Act, 7104(g)), as amended by section 893, to the ‘‘(E) In an administrative proceeding— the Federal Acquisition Regulation shall be head of the executive agency that awarded ‘‘(i) a final determination of contractor amended to carry out the purposes of this the contract, grant, or cooperative agree- fault by the Secretary of Defense pursuant section. ment. to section 823(d) of the National Defense Au- (f) EFFECTIVE DATE.—The requirements (2) DETERMINATION.—Upon receipt of an In- thorization Act for Fiscal Year 2010 (10 under subsection (a) and (c) shall apply to spector General’s report pursuant to para- U.S.C. 2302 note; Public Law 111–84); or grants, contracts, and cooperative agree- graph (1), the head of the executive agency ‘‘(ii) a final determination, pursuant to ments entered into on or after the date that shall make a written determination whether section 895(b)(2) of the End Trafficking in

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00121 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.002 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15732 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 28, 2012 Government Contracting Act of 2012, that ‘‘(iii) all known trafficking in persons (1) make public access difficult and public the contractor, a subcontractor, or an agent cases reported to the Under Secretary of De- use infrequent; and of the contractor or subcontractor engaged fense for Personnel and Readiness;’’; (2) would severely hamper the effectiveness in any of the activities described in section (4) in clause (iv), as redesignated by para- and increase the cost of removal activities. 106(g) of the Trafficking Victims Protection graph (2), by inserting ‘‘and’’ at the end after (c) DEFINITIONS.—In this section: Act of 2000 (22 U.S.C. 7104(g)).’’. the semicolon; and (1) The term ‘‘quitclaim deed’’ refers to the SEC. 896. NOTIFICATION TO INSPECTORS GEN- (5) by adding at the end the following new quitclaim deed from the United States to the ERAL AND COOPERATION WITH GOV- clause: Commonwealth of Puerto Rico, signed by the ERNMENT. ‘‘(v) all trafficking in persons activities of Secretary of the Interior on August 11, 1982, (a) IN GENERAL.—The head of an executive contractors reported to the Under Secretary for that portion of Tract (1b) consisting of agency making or awarding a grant, con- of Defense for Acquisition, Technology, and the former bombardment area on the island tract, or cooperative agreement shall require Logistics;’’. of Culebra, Puerto Rico. that the recipient of the grant, contract, or SEC. 899. RULES OF CONSTRUCTION. (2) The term ‘‘unexploded ordnance’’ has cooperative agreement— (a) LIABILITY.—Excluding section 897, noth- the meaning given that term by section (1) immediately inform the Inspector Gen- ing in this subtitle shall be construed to su- 101(e)(5) of title 10, United States Code. eral of the executive agency of any informa- persede, enlarge, or diminish the common tion it receives from any source that alleges law or statutory liabilities of any grantee, SA 3126. Mr. WARNER submitted an credible information that the recipient; any subgrantee, contractor, subcontractor, or amendment intended to be proposed by subcontractor or subgrantee of the recipient; other party covered by section 106(g) of the him to the bill S. 3254, to authorize ap- or any agent of the recipient or of such a Trafficking Victims Protection Act of 2000 propriations for fiscal year 2013 for subcontractor or subgrantee, has engaged in (22 U.S.C. 7104(g)), as amended by section 893. military activities of the Department conduct described in section 106(g) of the (b) AUTHORITY OF DEPARTMENT OF JUS- of Defense, for military construction, Trafficking in Victims Protection Act of 2000 TICE.—Nothing in this subtitle shall be con- and for defense activities of the De- (22 U.S.C. 7104(g)), as amended by section 3 of strued as diminishing or otherwise modi- this Act; and fying the authority of the Attorney General partment of Energy, to prescribe mili- (2) fully cooperate with any Federal agen- to investigate activities covered by this sub- tary personnel strengths for such fiscal cies responsible for audits, investigations, or title. year, and for other purposes; which was corrective actions relating to trafficking in (c) PROSPECTIVE EFFECT.—Nothing in this ordered to lie on the table; as follows: persons. subtitle, or the amendments made by this At the end of subtitle C of title VII, add (b) EFFECTIVE DATE.—The amendment subtitle, shall be construed to apply to a the following: made by subsection (a) shall take effect 90 contract or grant entered into or renewed be- SEC. 723. UNIFIED MEDICAL COMMAND. days after the date of the enactment of this fore the date of the enactment of this sub- (a) UNIFIED COMBATANT COMMAND.— Act. title. (1) IN GENERAL.—Chapter 6 of title 10, SEC. 897. EXPANSION OF FRAUD IN FOREIGN United States Code, is amended by inserting LABOR CONTRACTING TO INCLUDE SA 3125. Mr. BLUMENTHAL (for after section 167a the following new section: WORK OUTSIDE THE UNITED STATES. himself and Mrs. GILLIBRAND) sub- ‘‘§ 167b. Unified combatant command for med- (a) IN GENERAL.—Section 1351 of title 18, mitted an amendment intended to be ical operations United States Code, is amended— proposed by him to the bill S. 3254, to ‘‘(a) ESTABLISHMENT.—With the advice and (1) by striking ‘‘Whoever knowingly’’ and authorize appropriations for fiscal year assistance of the Chairman of the Joint inserting ‘‘(a) WORK INSIDE THE UNITED 2013 for military activities of the De- Chiefs of Staff, the President, through the STATES.—Whoever knowingly’’; and partment of Defense, for military con- Secretary of Defense, shall establish under (2) by adding at the end the following new struction, and for defense activities of section 161 of this title a unified command subsection: the Department of Energy, to prescribe for medical operations (in this section re- ‘‘(b) WORK OUTSIDE THE UNITED STATES.— military personnel strengths for such ferred to as the ‘unified medical command’). Whoever knowingly and with intent to de- The principal function of the command is to fraud recruits, solicits, or hires a person out- fiscal year, and for other purposes; provide medical services to the armed forces side the United States or causes another per- which was ordered to lie on the table; and other health care beneficiaries of the De- son to recruit, solicit, or hire a person out- as follows: partment of Defense as defined in chapter 55 side the United States, or attempts to do so, At the end of subtitle B of title III, add the of this title. for purposes of employment performed on a following: ‘‘(b) ASSIGNMENT OF FORCES.—In estab- United States Government contract per- SEC. 314. LIMITED DECONTAMINATION AUTHOR- lishing the unified medical command under formed outside the United States, or on a ITY FOR PORTIONS OF FORMER subsection (a), all active military medical United States military installation or mis- NAVAL BOMBARDMENT AREA, treatment facilities, training organizations, sion outside the United States or other prop- CULEBRA ISLAND, PUERTO RICO. and research entities of the armed forces erty or premises outside the United States (a) DECONTAMINATION AUTHORITY.—Not- shall be assigned to such unified command, owned or controlled by the United States withstanding section 204(c) of the Military unless otherwise directed by the Secretary of Government, by means of materially false or Construction Authorization Act, 1974 (Public Defense. fraudulent pretenses, representations, or Law 93–166; 87 Stat. 668), and paragraph 9 of ‘‘(c) GRADE OF COMMANDER.—The com- promises regarding that employment, shall the quitclaim deed relating to the transfer of mander of the unified medical command be fined under this title or imprisoned for the former bombardment area on the island shall hold the grade of general or, in the case not more than 5 years, or both.’’. of Culebra in the Commonwealth of Puerto of an officer of the Navy, admiral while serv- (b) SPECIAL RULE FOR ALIEN VICTIMS.—No Rico, the Secretary of Defense may author- ing in that position, without vacating the alien may be admitted to the United States ize and conduct activities for the removal of member’s permanent grade. The commander pursuant to subparagraph (U) of section unexploded ordnance and munitions scrap of such command shall be appointed to that 101(a)(15) of the Immigration and Nationality from those portions of the former bombard- grade by the President, by and with the ad- Act (8 U.S.C. 1101(a)(15)) as a result of the ment area that were explicitly identified as vice and consent of the Senate, for service in alien being a victim of a crime described in having regular public access in the Depart- that position. The commander of such com- subsection (b) of section 1351 of title 18, ment of Defense study entitled ‘‘Study Re- mand shall be a member of a health profes- United States Code, as added by subsection lating to the Presence of Unexploded Ord- sion described in paragraph (1), (2), (3), (4), (a). nance in a Portion of the Former Naval (5), or (6) of section 335(j) of title 37. During SEC. 898. IMPROVING DEPARTMENT OF DEFENSE Bombardment Area of Culebra Island, Com- the five-year period beginning on the date on ACCOUNTABILITY FOR REPORTING monwealth of Puerto Rico’’ and dated April which the Secretary establishes the com- TRAFFICKING IN PERSONS CLAIMS 20, 2012, which was prepared in accordance mand under subsection (a), the commander AND VIOLATIONS. with section 2815 of the Ike Skelton National of such command shall be exempt from the Section 105(d)(7)(H) of the Trafficking Vic- Defense Authorization Act for Fiscal Year requirements of section 164(a)(1) of this title. tims Protection Act of 2000 (22 U.S.C. 2011 (Public Law 111–383; 124 Stat. 4464). ‘‘(d) SUBORDINATE COMMANDS.—(1) The uni- 7103(d)(7)(H)) is amended— (b) EXCEPTIONS.—In authorizing and con- fied medical command shall have the fol- (1) in clause (ii), by striking ‘‘and’’ at the ducting activities for the removal of lowing subordinate commands: end; unexploded ordnance and munitions scrap ‘‘(A) A command that includes all fixed (2) by redesignating clause (iii) as clause within the transferred former bombardment military medical treatment facilities, in- (iv); area, as authorized by subsection (a), the cluding elements of the Department of De- (3) by inserting after clause (ii) the fol- Secretary of Defense may exclude areas of fense that are combined, operated jointly, or lowing new clause: dense vegetation and steep terrain that— otherwise operated in such a manner that a

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00122 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.002 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15733 medical facility of the Department of De- to as the TRICARE Management Activity logical conditions suffered by members of fense is operating in or with a medical facil- and all functions of the TRICARE Program the Armed Forces. The program shall be car- ity of another department or agency of the (as defined in section 1072(7) of this title). ried out by the Bureau of Medicine and Sur- United States. ‘‘(2) The director of the Defense Health gery (BUMED) of the Navy. ‘‘(B) A command that includes all medical Agency shall hold the rank of lieutenant (b) ELEMENTS.—As part of the program au- training, education, and research and devel- general or, in the case of an officer of the thorized by subsection (a), the Secretary opment activities that have previously been Navy, vice admiral while serving in that po- may— unified or combined, including organizations sition, without vacating the member’s per- (1) establish, or authorize the participation that have been designated as a Department manent grade. The director of such agency of appropriate elements of the Department of of Defense executive agent. shall be appointed to that grade by the Defense in, a nationwide scientific consor- ‘‘(C) The Defense Health Agency estab- President, by and with the advice and con- tium aimed at integrating research on nano- lished under subsection (f). sent of the Senate, for service in that posi- technology, stem cells, cellular therapy, ‘‘(2) The commander of a subordinate com- tion. The director of such agency shall be a medical imaging, electronic medical records, mand of the unified medical command shall member of a health profession described in information technology and medical devices, hold the grade of lieutenant general or, in paragraph (1), (2), (3), (4), (5), or (6) of section and other appropriate matters into the the case of an officer of the Navy, vice admi- 335(j) of title 37. translation medicine described in subsection ral while serving in that position, without ‘‘(g) REGULATIONS.—In establishing the (a); and vacating the member’s permanent grade. The unified medical command under subsection (2) provide capabilities to permit research- commander of such a subordinate command (a), the Secretary of Defense shall prescribe ers, scientists, surgeons, physicians, shall be appointed to that grade by the regulations for the activities of the unified healthcare professionals, and patients to ef- President, by and with the advice and con- medical command.’’. fectively communicate the findings and out- sent of the Senate, for service in that posi- (2) CLERICAL AMENDMENT.—The table of comes of research under the program into tion. The commander of such a subordinate sections at the beginning of chapter 6 of such such translational medicine in a manner command shall also be required to be a sur- title is amended by inserting after the item that enhances such medicine through real- geon general of one of the military depart- relating to section 167a the following new time access to information and integration ments. item: between researchers, physicians, hospitals, ‘‘(e) AUTHORITY OF COMBATANT COM- ‘‘167b. Unified combatant command for med- and patients. MANDER.—(1) In addition to the authority ical operations.’’. (c) REPORT.—If the Secretary elects to prescribed in section 164(c) of this title, the (b) PLAN, NOTIFICATION, AND REPORT.— carry out the program authorized by sub- commander of the unified medical command (1) PLAN.—Not later than July 1, 2013, the section (a), the Secretary shall submit to the shall be responsible for, and shall have the Secretary of Defense shall submit to the con- Committees on Armed Services of the Senate authority to conduct, all affairs of such com- gressional defense committees a comprehen- and the House of Representatives, not later mand relating to medical operations activi- sive plan to establish the unified medical than 90 days after the date of the enactment ties. command authorized under section 167b of of this Act, a report setting forth a plan for ‘‘(2) The commander of such command title 10, United States Code, as added by sub- the establishment and discharge of the pro- shall be responsible for, and shall have the section (a), including any legislative actions gram. authority to conduct, the following func- the Secretary considers necessary to imple- (d) FUNDING.—Amounts authorized to be tions relating to medical operations activi- ment the plan. appropriated for fiscal year 2013 by section 1403 and available for Defense Health Pro- ties (whether or not relating to the unified (2) NOTIFICATION.—The Secretary shall sub- medical command): mit to the congressional defense committees gram may be used for the program author- ‘‘(A) Developing programs and doctrine. written notification of the time line of the ized by subsection (a). ‘‘(B) Preparing and submitting to the Sec- Secretary to establish the unified medical SA 3128. Mr. WARNER submitted an retary of Defense program recommendations command under such section 167b by not and budget proposals for the forces described later than the date that is 30 days before es- amendment intended to be proposed by in subsection (b) and for other forces as- tablishing such command. him to the bill S. 3254, to authorize ap- signed to the unified medical command. (3) REPORT.—Not later than 180 days after propriations for fiscal year 2013 for ‘‘(C) Exercising authority, direction, and submitting the notification under paragraph military activities of the Department control over the expenditure of funds— (2), the Secretary shall submit to the con- of Defense, for military construction, ‘‘(i) for forces assigned to the unified med- gressional defense committees a report on— and for defense activities of the De- ical command; (A) the establishment of the unified med- partment of Energy, to prescribe mili- ‘‘(ii) for the forces described in subsection ical command; and tary personnel strengths for such fiscal (b) assigned to unified combatant commands (B) the establishment of the Defense other than the unified medical command to Health Agency under subsection (f) of such year, and for other purposes; which was the extent directed by the Secretary of De- section 167b. ordered to lie on the table; as follows: fense; and At the end of subtitle E of title X, add the ‘‘(iii) for military construction funds of the SA 3127. Mr. WARNER submitted an following: Defense Health Program. amendment intended to be proposed by SEC. 1048. BIPARTISAN INDEPENDENT STRA- ‘‘(D) Training assigned forces. TEGIC REVIEW PANEL. him to the bill S. 3254, to authorize ap- (a) BIPARTISAN INDEPENDENT STRATEGIC ‘‘(E) Conducting specialized courses of in- propriations for fiscal year 2013 for struction for commissioned and noncommis- REVIEW PANEL.— sioned officers. military activities of the Department (1) ESTABLISHMENT.—Chapter 2 of title 10, ‘‘(F) Validating requirements. of Defense, for military construction, United States Code, is amended by inserting ‘‘(G) Establishing priorities for require- and for defense activities of the De- after section 118b the following new section: ments. partment of Energy, to prescribe mili- ‘‘§ 118c. Bipartisan independent strategic re- ‘‘(H) Ensuring the interoperability of tary personnel strengths for such fiscal view panel equipment and forces. year, and for other purposes; which was ‘‘(a) ESTABLISHMENT.—There is established ‘‘(I) Monitoring the promotions, assign- ordered to lie on the table; as follows: a bipartisan independent strategic review ments, retention, training, and professional panel (in this section referred to as the military education of medical officers de- At the end of subtitle C of title VII, add ‘Panel’) to conduct a regular review of the scribed in paragraph (1), (2), (3), (4), (5), or (6) the following: national defense strategic environment of of section 335(j) of title 37. SEC. 723. SUPPORT OF MULTI-DISCIPLINARY RE- the United States and to conduct an inde- ‘‘(3) The commander of such command SEARCH INTO TRANSLATIONAL MED- pendent assessment of the quadrennial de- shall be responsible for the Defense Health ICINE FOR DIAGNOSIS AND TREAT- MENT OF POST-TRAUMATIC STRESS fense review required under section 118 of Program, including the Defense Health Pro- DISORDER, TRAUMATIC BRAIN IN- this title. gram Account established under section 1100 JURY, AND OTHER NEUROLOGICAL ‘‘(b) MEMBERSHIP.— of this title. CONDITIONS SUFFERED BY MEM- ‘‘(1) APPOINTMENT.—The Panel shall be ‘‘(f) DEFENSE HEALTH AGENCY.—(1) In es- BERS OF THE ARMED FORCES. composed of 12 members from civilian life tablishing the unified medical command (a) PROGRAM OF SUPPORT AUTHORIZED.— with a recognized expertise in national secu- under subsection (a), the Secretary shall also The Secretary of Defense may carry out a rity matters who shall be appointed as fol- establish under section 191 of this title a de- program to provide support for multi-dis- lows: fense agency for health care (in this section ciplinary research into translational medi- ‘‘(A) Four members shall be appointed by referred to as the ‘Defense Health Agency’), cine for the diagnosis and treatment of Post- the Secretary of Defense, of whom not more and shall transfer to such agency the organi- Traumatic Stress Disorder (PTSD), Trau- than three members shall be of the same po- zation of the Department of Defense referred matic Brain Injury (TBI), and other neuro- litical party.

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00123 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.002 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15734 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 28, 2012 ‘‘(B) Two members shall be appointed by cordance with applicable provisions under Panel may procure temporary and intermit- the chair of the Committee on Armed Serv- subchapter I of chapter 57 of title 5. tent services under section 3109(b) of title 5 ices of the House of Representatives. ‘‘(c) DUTIES.— at rates for individuals that do not exceed ‘‘(C) Two members shall be appointed by ‘‘(1) REVIEW OF NATIONAL DEFENSE STRA- the daily equivalent of the annual rate of the chair of the Committee on Armed Serv- TEGIC ENVIRONMENT.—The Panel shall every basic pay for level V of the Executive Sched- ices of the Senate. four years, during a year following a year ule under section 5316 of such title. ‘‘(D) Two members shall be appointed by evenly divisible by four, review the national ‘‘(4) PROVISION OF INFORMATION.—The Panel the ranking minority member of the Com- defense strategic environment of the United may request directly from the Department of mittee on Armed Services of the House of States. Such review shall include a review Defense and any of its components such in- Representatives. and assessment of— formation as the Panel considers necessary ‘‘(E) Two members shall be appointed by ‘‘(A) the national defense environment, in- to carry out its duties under this section. the ranking minority member of the Com- cluding challenges and opportunities; The head of the department or agency con- mittee on Armed Services of the Senate. ‘‘(B) the national defense strategy and pol- cerned shall cooperate with the Panel to en- ‘‘(2) INITIAL MEMBERS: APPOINTMENT DATE icy; sure that information requested by the Panel AND TERM OF SERVICE.— ‘‘(C) the national defense roles, missions, under this paragraph is promptly provided to ‘‘(A) APPOINTMENT DATE.—The initial mem- and organizations; and the maximum extent practical. bers of the Panel shall be appointed under ‘‘(D) the risks to the national defense of ‘‘(5) USE OF CERTAIN DEPARTMENT OF DE- paragraph (1) not later than January 30, 2013. the United States and how such risks affect FENSE RESOURCES.—Upon the request of the ‘‘(B) TERMS.—(i) The Secretary of Defense challenges and opportunities to national de- Chairs of the Panel, the Secretary of Defense shall designate two initial members of the fense. shall make available to the Panel the serv- Panel appointed under paragraph (1)(A) to ‘‘(2) ADDITIONAL REVIEWS.—The Panel may ices of any Federally-funded research and de- serve terms that expire on December 31, 2013, conduct additional reviews under paragraph velopment center that is covered by a spon- and two such initial members to serve terms (1) as requested by Congress or the Secretary soring agreement of the Department of De- that expire on December 31, 2014. of Defense, or when the Panel determines a fense. ‘‘(ii) The chair of the Committee on Armed significant change in the national defense ‘‘(6) FUNDING.—Funds for activities of the Services of the House of Representatives environment has occurred that would war- Panel shall be provided from amounts avail- shall designate one initial member of the rant new recommendations from the Panel. able to the Department of Defense. Panel appointed under paragraph (1)(B) to ‘‘(3) ASSESSMENT OF QUADRENNIAL DEFENSE ‘‘(e) REPORTS.— serve a term that expires on December 31, REVIEW.—The Panel shall conduct an assess- ‘‘(1) REVIEW OF NATIONAL DEFENSE STRA- 2013, and one such initial member to serve a ment of each quadrennial defense review re- TEGIC ENVIRONMENT.—Not later than June 30 term that expires on December 31, 2014. quired to be conducted under section 118 of of a year following a year evenly divisible by ‘‘(iii) The chair of the Committee on this title. Each assessment shall include— four, the Panel shall submit to the congres- Armed Services of the Senate shall designate ‘‘(A) a review of the Secretary of Defense’s sional defense committees, the Secretary of one initial member of the Panel appointed terms of reference, and any other materials Defense, and the National Security Council a under paragraph (1)(C) to serve a term that providing the basis for, or substantial inputs report containing the results of the review expires on December 31, 2013, and one such to, the work of the Department of Defense on conducted under subsection (c)(1) and any initial member to serve a term that expires such quadrennial defense review; recommendations or other matters that the on December 31, 2014. ‘‘(B) an assessment of the assumptions, Panel considers appropriate. ‘‘(iv) The ranking minority member of the strategy, findings, and risks in the report of ‘‘(2) ASSESSMENT OF QUADRENNIAL DEFENSE Committee on Armed Services of the House the Secretary of Defense on such quadrennial REVIEW.—Not later than 90 days after the of Representatives shall designate one initial defense review required under section 118(d) date on which a report on a quadrennial de- member of the Panel appointed under para- of this title, with particular attention paid fense review is submitted to Congress under graph (1)(D) to serve a term that expires on to the risks described in such a report; section 118(d) of this title, the Panel shall December 31, 2013, and one such initial mem- ‘‘(C) an independent assessment of a vari- submit to the congressional defense commit- ber to serve a term that expires on December ety of possible force structures for the armed tees and the Secretary of Defense a report 31, 2014. forces, including the force structure identi- containing the results of the assessment con- ‘‘(v) The ranking minority member of the fied in the report required under such section ducted under subsection (c)(3) and any rec- Committee on Armed Services of the Senate 118(d); and ommendations or other matters that the shall designate one initial member of the ‘‘(D) a review of the resource requirements Panel considers appropriate.’’. Panel appointed under paragraph (1)(E) to identified in such quadrennial defense review (2) CLERICAL AMENDMENT.—The table of serve a term that expires on December 31, pursuant to section 118(b)(3) of this title and, sections at the beginning of chapter 2 of such 2013, and one such initial member to serve a to the extent practicable, a general compari- title is amended by inserting after the item term that expires on December 31, 2014. son of such resource requirements with the relating to section 118b adding at the end the ‘‘(3) CHAIRS.—The Secretary of Defense resource requirements to support the forces following new item: shall designate two members appointed pur- contemplated under the force structures as- ‘‘118c. Bipartisan independent strategic re- suant to paragraph (1)(A) that are not of the sessed under subparagraph (C). view panel.’’. same political party to serve as the Chairs of ‘‘(d) ADMINISTRATIVE PROVISIONS.— (b) UPDATES FROM SECRETARY OF DEFENSE the Panel. ‘‘(1) STAFF.— ON PROGRESS OF QUADRENNIAL DEFENSE RE- ‘‘(4) VACANCIES.—(A) A vacancy in the ‘‘(A) IN GENERAL.—The Chairs of the Panel VIEW.—Section 118(f) of title 10, United Panel shall be filled in the same manner as may, without regard to the civil service laws States Code, is amended to read as follows: the original appointment and not later than and regulations, appoint and terminate an ‘‘(f) UPDATES TO BIPARTISAN INDEPENDENT 30 days after the date on which the vacancy executive director and not more than 11 ad- STRATEGIC REVIEW PANEL.—The Secretary of begins. ditional personnel, as may be necessary to Defense shall ensure that periodically, but ‘‘(B) A member of the Panel appointed to enable the Panel to perform the duties of the not less often than every 60 days, or at the fill a vacancy shall be appointed for a term Panel. request of the Chairs of the bipartisan inde- that expires— ‘‘(B) COMPENSATION.—The Chairs of the pendent strategic review panel established ‘‘(i) in the case of an appointment to fill a Panel may fix the compensation of the exec- by section 118c(a) of this title, the Depart- vacancy resulting from a person not serving utive director and other personnel without ment of Defense briefs the panel on the the entire term for which such person was regard to the provisions of chapter 51 and progress of the conduct of a quadrennial de- appointed, at the end of the remainder of subchapter III of chapter 53 of title 5 relating fense review under subsection (a).’’. such term; and to the classification of positions and General (c) BIPARTISAN INDEPENDENT STRATEGIC RE- ‘‘(ii) in the case of an appointment to fill a Schedule pay rates, except that the rate of VIEW OF THE ARMY.— vacancy resulting from the expiration of the pay for the executive director and other per- (1) REVIEW REQUIRED.—Not later than 30 term of a member of the panel, two years sonnel may not exceed the rate payable for days after the date on which all initial mem- after the date on which the term of such level V of the Executive Schedule under sec- bers of the bipartisan independent strategic member expired. tion 5316 of such title. review panel are appointed under section ‘‘(5) REAPPOINTMENT.—Members of the ‘‘(2) DETAIL OF GOVERNMENT EMPLOYEES.— 118c(b) of title 10, United States Code (as Panel may be reappointed to the Panel for Any Federal Government employee may be added by subsection (a)), the Panel shall additional terms of service. detailed to the Panel without reimburse- begin a review of the future of the Army. ‘‘(6) PAY.—The members of the Panel shall ment, and such detail shall be without inter- (2) ELEMENTS.—The review required under serve without pay ruption or loss of civil service status or paragraph (1) shall include a review and as- ‘‘(7) TRAVEL EXPENSES.—Each member of privilege. sessment of— the Panel shall receive travel expenses, in- ‘‘(3) PROCUREMENT OF TEMPORARY AND (A) the validity and utility of the scenarios cluding per diem in lieu of subsistence, in ac- INTERMITTENT SERVICES.—The Chairs of the and planning assumptions the Army used to

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00124 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.002 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15735 develop the current force structure of the on Veterans’ Affairs of the Senate and the ‘‘(2) In conducting outreach under para- Army; Committee on Veterans’ Affairs of the House graph (1), the Secretary shall advise individ- (B) such force structure and an evaluation of Representatives a detailed report on the uals of the kinds of complaints that are ap- of the adequacy of such force structure for counseling services provided under section propriate for submittal for inclusion in the meeting the goals of the national military 3697A of title 38, United States Code. system established under subsection (a). strategy of the United States; (2) ELEMENTS.—The report required by ‘‘(d) CONSIDERATION.—Whenever the Sec- (C) the size and structure of elements of paragraph (1) shall include the following: retary considers whether to approve a course the Army, in particular the United States (A) The number of veterans who requested of education of an educational institution Army Training and Doctrine Command, the counseling services under such section in fis- under this chapter, the Secretary shall re- United States Army Materiel Command, and cal years 2010, 2011, and 2012. view and take into consideration the com- corps and higher headquarters elements; (B) Specifics regarding the information plaints processed and tracked by the system (D) potential alternative force structures that is provided to veterans as part of such established under subsection (a) regarding of the Army; and counseling services, including any data pro- the educational institution. (E) the resource requirements of each of vided on educational institutions. ‘‘(e) PRIVACY.—(1) Whenever a complaint is the alternative force structures analyzed by (C) Results of satisfaction surveys sub- shared under subsection (b)(5), the complaint the Panel. mitted by individuals who have utilized such shall be anonymized, unless the complainant (3) REPORT.— counseling services at any time during the gives permission to the Secretary to share (A) PANEL REPORT.—Not later than one three-year period ending on the date of the the complainant’s identity. year after the date on which the Panel be- enactment of this Act for each individual ‘‘(2) The Secretary may not share a com- gins the review required by paragraph (1), contractor who provided such counseling plaint under subsection (b)(5) with an edu- the Panel shall submit to the congressional services on behalf of the Secretary and a de- cational institution if the complainant re- defense committees and the Secretary of De- scription of any action taken by the Sec- quests that such complaint not be shared fense a report containing the findings and retary with regard to specific contractors as with an educational institution.’’. recommendations of the Panel, including a result of such satisfaction surveys. (b) CLERICAL AMENDMENT.—The table of any recommendations concerning changes to (D) A description of the actions the Sec- sections at the beginning of chapter 36 of the planned size and composition of the retary intends to undertake to increase the such title is amended by inserting after the Army. usage, availability, and quality of such coun- item relating to section 3693 the following (B) ADDITIONAL VIEWS.—The report re- seling services carried out through contrac- new item: quired by subparagraph (A) shall include any tors. ‘‘3693A. Complaint tracking system.’’. additional or dissenting views of a member (E) Recommendations for such legislative of the Panel that such member considers ap- and administration action as the Secretary SA 3130. Mr. LAUTENBERG (for him- propriate to include in the report. considers necessary to increase the usage and availability of such counseling services. self and Mr. RUBIO) submitted an (4) DEFINITIONS.—In this subsection: SEC. 1085. VETERANS’ EDUCATION CONSUMER amendment intended to be proposed by (A) The term ‘‘Army’’ includes the reserve him to the bill S. 3254, to authorize ap- components of the Army. COMPLAINT TRACKING SYSTEM. (a) IN GENERAL.—Chapter 36 of title 38, propriations for fiscal year 2013 for (B) The terms ‘‘bipartisan independent United States Code, is amended by inserting strategic review panel’’ and ‘‘Panel’’ mean military activities of the Department after section 3693 the following new section: the bipartisan independent strategic review of Defense, for military construction, panel established by section 118c(a) of title ‘‘§ 3693A. Complaint tracking system and for defense activities of the De- 10, United States Code (as so added). ‘‘(a) ESTABLISHMENT.—Not later than 180 partment of Energy, to prescribe mili- days after the date of the enactment of this tary personnel strengths for such fiscal SA 3129. Mr. LAUTENBERG (for him- section, the Secretary shall establish a sys- tem to collect, process, and track complaints year, and for other purposes; which was self and Mr. RUBIO) submitted an ordered to lie on the table; as follows: amendment intended to be proposed by submitted to the Secretary by individuals who are enrolled in programs of education at At the end of Division A, add the following: him to the bill S. 3254, to authorize ap- educational institutions to report instances propriations for fiscal year 2013 for TITLE XVIII—VETERANS EDUCATION of fraud, waste, and abuse by such institu- ASSISTANCE military activities of the Department tions with respect to the benefits and serv- SEC. 1801. REQUIREMENT FOR PROVISION OF of Defense, for military construction, ices provided by such institutions to such in- EDUCATIONAL COUNSELING TO IN- and for defense activities of the De- dividuals. DIVIDUALS BEFORE SUCH INDIVID- partment of Energy, to prescribe mili- ‘‘(b) REQUIREMENTS.—This system estab- UALS RECEIVE EDUCATIONAL AS- tary personnel strengths for such fiscal lished under subsection (a) shall meet the SISTANCE PROVIDED UNDER LAWS following requirements: ADMINISTERED BY SECRETARY OF year, and for other purposes; which was ‘‘(1) The system shall create an individual VETERANS AFFAIRS. ordered to lie on the table; as follows: case number for each complaint processed (a) IN GENERAL.—Section 3697A of title 38, At the end of subtitle H of title X, add the and tracked in the system. United States Code, is amended— following: ‘‘(2) The system shall allow for the report- (1) by redesignating subsections (c) SEC. 1084. OUTREACH ON AVAILABILITY OF EDU- ing of complaints, disaggregated by edu- through (e) as subsections (d) through (f), re- CATIONAL AND VOCATIONAL COUN- cational institution. spectively; and SELING. ‘‘(3) The system shall allow for the report- (2) by inserting after subsection (b) the fol- (a) OUTREACH.— ing of complaints, disaggregated by topic or lowing new subsection (c): (1) IN GENERAL.—Not later than 180 days subject matter. ‘‘(c)(1) Except as provided in paragraph (2), after the date of the enactment of this Act, ‘‘(4) The system shall allow for the sub- in the case of an individual described in sub- the Secretary of Veterans Affairs shall de- mittal of complaints by— section (b)(1), the counseling services de- velop and implement an outreach plan to ‘‘(A) Internet website; and scribed in subsection (a) shall be required to better inform veterans about the availability ‘‘(B) telephone via a toll-free number that be provided to the individual before the indi- of counseling services under section 3697A of is available every day at all hours. vidual receives the educational assistance title 38, United States Code, in order to ‘‘(5) The system shall allow for the sharing described in such subsection. achieve higher rates of utilization of such of complaints with and between the fol- ‘‘(2) The requirement to provide counseling counseling services. lowing: services under paragraph (1) shall not apply (2) ELEMENTS.—The plan required by para- ‘‘(A) The educational institutions that are with respect to an individual described in graph (1) shall include the following: the subjects of the complaints. such paragraph who communicates to the (A) A more prominent notice on the Inter- ‘‘(B) The Secretary of Education. Secretary, before receiving educational as- net website of the Department of Veterans ‘‘(C) The Secretary of Defense. sistance described in such paragraph, that Affairs of the availability of such counseling ‘‘(D) State approving agencies. the individual declines the counseling serv- services. ‘‘(E) Nationally or regionally recognized ices provided under such paragraph. (B) Use of social media and veterans serv- accrediting agencies and associations. ‘‘(3) For each individual to whom the Sec- ice organizations. ‘‘(F) Such other Federal agencies as the retary provides counseling services under (C) Inclusion of information regarding such Secretary of Veterans Affairs considers ap- paragraph (1), the Secretary shall provide to counseling services in appropriate mailings propriate. the individual, as part of such services and from the Department. ‘‘(c) OUTREACH.—(1) The Secretary shall to the degree that information necessary to (b) REPORT.— conduct such outreach as may be necessary carry out this paragraph is available to the (1) IN GENERAL.—Not later than 180 days to inform individuals described in subsection Secretary, the following: after the date of the enactment of this Act, (a) of the system and process established ‘‘(A) An explanation of the different types the Secretary shall submit to the Committee under such subsection. of accreditation and State certification and

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00125 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.002 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15736 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 28, 2012 licensure available to educational institu- signed to prepare people for a State licensure ‘‘(II) If the educational institution is a 2- tions and programs of education and a dis- exam, the percentage of such students who year educational institution, how the edu- cussion of how such accreditation, certifi- take and pass such exam. cational institution compares with the aver- cation, and licensure can be important for ‘‘(viii) For each program of education at age of all 2-year educational institutions. meeting preconditions of employment. the educational institution, the average ‘‘(III) If the educational institution is a ‘‘(B) A discussion of how the various poli- amount of tuition and fees the educational less than 2-year educational institution, how cies of educational institutions regarding the institution charges a student for completing the educational institution compares with transfer of academic credit can affect the in- the program of education within normal the average of all less than 2-year edu- dividual and what kinds of issues are com- time (as defined in section 668.41(a) of title cational institutions. monly encountered by students trying to 34, Code of Federal Regulations (or any cor- ‘‘(xvii) Such other information as the Sec- transfer academic credit. responding similar regulation or ruling)), the retary considers appropriate to assist the in- ‘‘(C) An overview of Federal student aid typical costs for books and supplies (unless dividual in selecting an educational institu- programs, the implications of incurring stu- those costs are included as part of tuition tion or training establishment as described dent loan debt, and discussion of how receipt and fees), and the cost of room and board, if in subsection (a)(1). of Federal student aid can enable a student applicable, and a calculation of how much of ‘‘(4) To the extent such information is al- to complete a program of education without such costs can be covered by educational as- ready available to the agencies, the Sec- incurring significant educational debt. sistance available to the individual under retary shall collect such information as the ‘‘(D) An assessment of the type and laws administered by the Secretary. Secretary requires to carry paragraph (3) amount of educational assistance available ‘‘(ix) A description of the status of the ac- from the Secretary of Education, the Sec- to the individual under Federal law and creditation of the educational institution retary of Defense, and the heads of such under the laws of the State in which the in- and each program of education offered by the other Federal agencies as the Secretary con- dividual resides and of any other State of the educational institution. siders appropriate. individual’s choosing. ‘‘(x) The median, for all veterans described ‘‘(5) The Secretary shall make available to ‘‘(E) A discussion of the important role in subsection (b)(1) who complete a program the public on an Internet website such infor- that academic planning plays in completing of education at the education institution mation provided under paragraph (3) as the a program of study. that is an eligible program of training to Secretary considers appropriate. ‘‘(F) A comprehensive list of educational prepare students for employment in a recog- ‘‘(6) Making information available under institutions located in the State in which nized occupation, of the duration of each pe- paragraphs (3) and (5) shall not be required in a case in which the number of students in a the individual resides and in any other State riod beginning on the date on which a vet- category is insufficient to yield statistically of the individual’s choosing. eran completes a program of education at reliable information or the results would re- ‘‘(G) For each educational institution list- the educational institution and the date on veal personally identifiable information ed under subparagraph (F), the following in- which the veteran first obtains employment about a student.’’. formation, if available, in a format that al- after completing such program. lows for easy comparison of educational in- (b) EFFECTIVE DATE.—Subsection (a) shall ‘‘(xi) The median, for all people who com- take effect on the date that is one year after stitutions: plete a program of education at the edu- ‘‘(i) Whether financial assistance is avail- the date of the enactment of this Act and cation institution that is an eligible program able to a student enrolled in a program of subsection (c) of section 3697A of such title, of training to prepare students for employ- education at the educational institution as added by such subsection, shall apply with ment in a recognized occupation, of the dura- under title IV of the Higher Education Act of respect to individuals who apply for edu- tion of each period beginning on the date on 1965 (20 U.S.C. 1070 et seq.). cational assistance described in subsection which a person completes a program of edu- ‘‘(ii) The number of veterans enrolled in a (b)(1) of such section on or after such date. cation at the educational institution and the program of education at the educational in- SEC. 1802. REPEAL OF LIMITATION ON PAYMENTS date on which the person first obtains em- stitution who received educational assist- FOR CONTRACT EDUCATIONAL AND ployment after completing such program. ance under a law administered by the Sec- VOCATIONAL COUNSELING PRO- ‘‘(xii) The percentages of veterans and the VIDED BY SECRETARY OF VETERANS retary in the most recently completed aca- percentages of people enrolled in programs of AFFAIRS. demic year. Section 3697 of title 38, United States Code, ‘‘(iii) A list of— education at the educational institution who is amended— ‘‘(I) academic and student support services obtain a degree or certificate within— (1) by striking subsection (b); and provided by the educational institution to ‘‘(I) the normal time for completion of, or (2) in subsection (a), by striking ‘‘(a) Sub- students enrolled in programs of education graduate from, the veteran’s or person’s pro- ject to subsection (b) of this section, edu- at the educational institution, including job gram, as the case may be; cational’’ and inserting ‘‘Educational’’. placement and career counseling services; ‘‘(II) 150 percent of the normal time for and completion of, or graduation from, the vet- SEC. 1803. VETERANS’ EDUCATION CONSUMER COMPLAINT TRACKING SYSTEM. ‘‘(II) special services or benefits currently eran’s or person’s program, as the case may (a) IN GENERAL.—Chapter 36 of title 38, provided by the educational institution that be; and United States Code, is amended by inserting address the unique needs of veterans. ‘‘(III) 200 percent of the normal time for after section 3693 the following new section: ‘‘(iv) With respect to the 3-year period end- completion of, or graduation from, the vet- ing at the end of the most recently com- eran’s or person’s program, as the case may ‘‘§ 3693A. Complaint tracking system pleted academic year, the median amount of be. ‘‘(a) ESTABLISHMENT.—Not later than 180 student loan debt held upon completion of a ‘‘(xiii) The number of students enrolled in days after the date of the enactment of this program of education at the educational in- a program of education at the educational section, the Secretary shall establish a sys- stitution by veterans described in clause (ii). institution and the number of such students tem to collect, process, and track complaints ‘‘(v) The cohort default rate, as defined in who submit a complaint to the Secretary submitted to the Secretary by individuals re- section 435(m) of the Higher Education Act under section 3693A(a) of this title. ceiving educational assistance under laws of 1965 (20 U.S.C. 1085(m)), of the educational ‘‘(xiv) Whether the educational institution administered by the Secretary who are en- institution. has been reported by a Federal or State rolled in programs of education at edu- ‘‘(vi) With respect to the 3-year period end- agency or a nationally or regionally recog- cational institutions to report instances of ing at the end of the most recently com- nized accrediting agency or association as fraud, waste, and abuse by such institutions pleted academic year— failing to comply with, or has a significant with respect to the benefits and services pro- ‘‘(I) the average number of veterans who risk of failing to comply with, a provision of vided by such institutions to such individ- received a degree or certificate from the edu- title IV of the Higher Education Act of 1965 uals. cational institution for completing a pro- (20 U.S.C. 1070 et seq.). ‘‘(b) REQUIREMENTS.—This system estab- gram of education; ‘‘(xv) A description of the topics or sub- lished under subsection (a) shall meet the ‘‘(II) the average number of people who re- jects of the 3 most numerous complaints following requirements: ceived a degree or certificate from the edu- filed during the most recent 3-year period ‘‘(1) The system shall create an individual cational institution for completing a pro- under section 3693A of this title with respect case number for each complaint processed gram of education; to the educational institution. and tracked in the system. ‘‘(III) the average number of veterans en- ‘‘(xvi) With respect to each of clauses (i) ‘‘(2) The system shall allow for the report- rolled in programs of education at the edu- through (xiv), how the educational institu- ing of complaints, disaggregated by edu- cational institution; and tion compares with other educational insti- cational institution. ‘‘(IV) the average number of people en- tutions as follows: ‘‘(3) The system shall allow for the report- rolled in programs of education at the edu- ‘‘(I) If the educational institution is a 4- ing of complaints, disaggregated by topic or cational institution. year educational institution, how the edu- subject matter. ‘‘(vii) In the case of an educational institu- cational institution compares with the aver- ‘‘(4) The system shall allow for the sub- tion that offers a program of education de- age of all 4-year educational institutions. mittal of complaints by—

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‘‘(A) Internet website; and (2) FACTORS TO CONSIDER.—The study re- (3) in subsection (d), by striking ‘‘to the ‘‘(B) telephone via a toll-free number that quired under subsection (a) shall take into Director’’ and all that follows through ‘‘it is available every day at all hours. consideration the following factors: deems desirable,’’ and inserting ‘‘annually to ‘‘(5) The system shall allow for the sharing (A) The operational environment in Oper- its Board and supporting organizations re- of complaints with the following: ations Iraqi Freedom and Enduring Freedom. ferred to in subsection (a)(2)’’. ‘‘(A) The educational institutions that are (B) Future operating environments as spec- the subjects of the complaints. ified or referred to in Department of Defense SA 3133. Ms. SNOWE (for herself, Ms. ‘‘(B) The Secretary of Education. strategic planning documents. LANDRIEU, Mr. COBURN, and Mr. KERRY) ‘‘(C) The Secretary of Defense. (C) Modifications and improvements re- submitted an amendment intended to cently introduced to the M16, M4, and M249, ‘‘(D) State approving agencies. be proposed by her to the bill S. 3254, to ‘‘(E) Nationally or regionally recognized as well as their potential for continued de- accrediting agencies and associations. velopment. authorize appropriations for fiscal year ‘‘(F) Such other Federal agencies as the (D) Industrial base impacts. 2013 for military activities of the De- Secretary of Veterans Affairs considers ap- (3) ACCESS TO INFORMATION.—The Secretary partment of Defense, for military con- propriate. of Defense and the Secretary of the Army struction, and for defense activities of ‘‘(c) OUTREACH.—The Secretary shall con- shall ensure that the Federally Funded Re- the Department of Energy, to prescribe duct such outreach as may be necessary to search and Development Center conducting military personnel strengths for such inform individuals described in subsection the study required under subsection (a) has fiscal year, and for other purposes; (a) of the system and process established access to all necessary data, records, anal- under such subsection. ysis, personnel, and other resources nec- which was ordered to lie on the table; ‘‘(d) CONSIDERATION BY STATE APPROVING essary to complete the study. as follows: AGENCIES.—Whenever a State approving (b) REPORT.— At the end of subtitle H of title X, add the agency considers whether to approve a (1) IN GENERAL.—Not later than September following: course of education of an educational insti- 30, 2013, the Secretary of Defense shall sub- SEC. 1084. NATIONAL VETERANS BUSINESS DE- tution under this chapter, the State approv- mit to the congressional defense committees VELOPMENT CORPORATION. ing agency shall review and take into consid- a report containing— (a) IN GENERAL.—The Small Business Act eration the complaints processed and (A) the results of the study conducted (15 U.S.C. 631 et seq.) is amended by striking tracked by the system established under sub- under subsection (a), together with the com- section 33 (15 U.S.C. 657c). section (a) regarding the educational institu- ments of the Secretary of Defense on the (b) CORPORATION.—On and after the date of tion. findings contained in the study; and enactment of this Act, the National Vet- ‘‘(e) PRIVACY.—(1) Whenever a complaint is (B) comments of the Secretary of the Army erans Business Development Corporation and shared under subsection (b)(5), the complaint on the findings contained in the study. any successor thereto may not represent shall be anonymized, unless the complainant (2) CLASSIFIED ANNEX.—The report shall be that the corporation is federally chartered or gives permission to the Secretary to share in unclassified form, but may contain a clas- in any other manner authorized by the Fed- the complainant’s identity. sified annex. eral Government. ‘‘(2) The Secretary may not share a com- (c) SMALL ARMS AND AMMUNITION DE- (c) TECHNICAL AND CONFORMING AMEND- plaint under subsection (b)(5) with an edu- FINED.—In this section, the term ‘‘small MENTS.— cational institution if the complainant re- arms and ammunition’’ means firearms up to (1) SMALL BUSINESS ACT.—The Small Busi- quests that such complaint not be shared and including .50 caliber and shotguns and ness Act (15 U.S.C. 631 et seq.), as amended with an educational institution.’’. ammunition or ordnance for such firearms. by this section, is amended— (b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 36 of SA 3132. Mr. COONS submitted an (A) by redesignating sections 34 through 45 such title is amended by inserting after the amendment intended to be proposed by as sections 33 through 44, respectively; (B) in section 9(k)(1)(D) (15 U.S.C. item relating to section 3693 the following him to the bill S. 3254, to authorize ap- new item: 638(k)(1)(D)), by striking ‘‘section 34(d)’’ and propriations for fiscal year 2013 for inserting ‘‘section 33(d)’’; ‘‘3693A. Complaint tracking system.’’. military activities of the Department (C) in section 33 (15 U.S.C. 657d), as so re- of Defense, for military construction, designated— SA 3131. Mr. COBURN submitted an and for defense activities of the De- (i) by striking ‘‘section 35’’ each place it amendment intended to be proposed by partment of Energy, to prescribe mili- appears and inserting ‘‘section 34’’; him to the bill S. 3254, to authorize ap- tary personnel strengths for such fiscal (ii) in subsection (a)— propriations for fiscal year 2013 for year, and for other purposes; which was (I) in paragraph (2), by striking ‘‘section military activities of the Department ordered to lie on the table; as follows: 35(c)(2)(B)’’ and inserting ‘‘section 34(c)(2)(B)’’; of Defense, for military construction, At the end of subtitle H of title X, add the (II) in paragraph (4), by striking ‘‘section and for defense activities of the De- following: 35(c)(2)’’ and inserting ‘‘section 34(c)(2)’’; and partment of Energy, to prescribe mili- SEC. 1084. TECHNICAL AMENDMENTS RELATING (III) in paragraph (5), by striking ‘‘section tary personnel strengths for such fiscal TO THE TERMINATION OF THE ARMED FORCES INSTITUTE OF PA- 35(c)’’ and inserting ‘‘section 34(c)’’; and year, and for other purposes; which was THOLOGY UNDER DEFENSE BASE (iii) in subsection (h)(2), by striking ‘‘sec- ordered to lie on the table; as follows: CLOSURE AND REALIGNMENT. tion 35(d)’’ and inserting ‘‘section 34(d)’’; At the end of subtitle E of title VIII, add Section 177 of title 10, United States Code, (D) in section 34 (15 U.S.C. 657e), as so re- the following: is amended— designated— SEC. 888. STUDY ON ARMY SMALL ARMS AND AM- (1) in subsection (a)— (i) by striking ‘‘section 34’’ each place it MUNITION ACQUISITION. (A) in paragraph (2), by striking ‘‘those appears and inserting ‘‘section 33’’; and (a) STUDY.— professional societies’’ and all that follows (ii) in subsection (c)(1), by striking section (1) IN GENERAL.—Not later than 30 days through ‘‘the Armed Forces Institute of Pa- ‘‘34(c)(1)(E)(ii)’’ and inserting section after the date of the enactment of this Act, thology’’ and inserting ‘‘the professional so- ‘‘33(c)(1)(E)(ii)’’; the Secretary of Defense shall enter into a cieties and organizations that support the (E) in section 36(d) (15 U.S.C. 657i(d)), as so contract with a Federally Funded Research activities of the American Registry of Pa- redesignated, by striking ‘‘section 43’’ and and Development Center to conduct a study thology’’; and inserting ‘‘section 42’’; on the Army’s acquisition of small arms and (B) in paragraph (3), by striking ‘‘with the (F) in section 39(d) (15 U.S.C. 657l(d)), as so ammunition to determine each of the fol- concurrence of the Director of the Armed redesignated, by striking ‘‘section 43’’ and lowing: Forces Institute of Pathology’’; inserting ‘‘section 42’’; and (A) A comparative evaluation of the (2) in subsection (b)— (G) in section 40(b) (15 U.S.C. 657m(b)), as Army’s M16 rifle, M4 carbine, M9 pistol, and (A) by striking paragraph (1); so redesignated, by striking ‘‘section 43’’ and M249 light machine gun to other rifles, car- (B) by redesignating paragraphs (2), (3), (4), inserting ‘‘section 42’’. bines, pistols, and machine guns in use by and (5) as paragraphs (1), (2), (3), and (4), re- (2) TITLE 10.—Section 1142(b)(13) of title 10, special operations forces, foreign militaries, spectively; and United States Code, is amended by striking and available commercially. (C) in paragraph (2), as redesignated by ‘‘and the National Veterans Business Devel- (B) An assessment of the Army’s current subparagraph (B)— opment Corporation’’. plans to modernize its small arms rifle, pis- (i) by striking ‘‘accept gifts and grants (3) TITLE 38.—Section 3452(h) of title 38, tol, and light machine gun inventories. from and’’; and United States Code, is amended by striking (C) A comparative evaluation of the (ii) by inserting ‘‘and accept gifts and ‘‘any of the’’ and all that follows and insert- Army’s standard ammunition with other am- grants from such entities’’ before the semi- ing ‘‘any small business development center munition alternatives. colon; and described in section 21 of the Small Business

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00127 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.002 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15738 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 28, 2012 Act (15 U.S.C. 648), insofar as such center of- ments’ security forces once the attacks through line 4 and insert the following: ‘‘Air fers, sponsors, or cosponsors an entrepre- began. Force, the Air National Guard, or the Air neurship course, as that term is defined in (D) An assessment of the diplomatic secu- Force Reserve as of May 31, 2012, including section 3675(c)(2).’’. rity response in each of the affected loca- any activities carried out pursuant to the (4) FOOD, CONSERVATION, AND ENERGY ACT tions and whether different actions could National Environmental Policy Act of 1969 OF 2008.—Section 12072(c)(2) of the Food, Con- have prevented or mitigated the attacks. (42 U.S.C. 4321 et seq.).’’. servation, and Energy Act of 2008 (15 U.S.C. (E) An assessment of the level of coopera- 636g(c)(2)) is amended by striking ‘‘section 43 tion by the Governments of Egypt, Libya, SA 3137. Ms. MURKOWSKI submitted of the Small Business Act, as added by this and Yemen into the investigations of the at- an amendment intended to be proposed Act’’ and inserting ‘‘section 42 of the Small tacks and their efforts to find and hold re- by her to the bill S. 3254, to authorize Business Act (15 U.S.C. 657o)’’. sponsible the perpetrators involved. appropriations for fiscal year 2013 for (5) VETERANS ENTREPRENEURSHIP AND (F) An assessment of the state of security military activities of the Department SMALL BUSINESS DEVELOPMENT ACT OF 1999.— at United States embassies and consulates of Defense, for military construction, Section 203(c)(5) of the Veterans Entrepre- globally. neurship and Small Business Development (G) An annex to include all cables, emails, and for defense activities of the De- Act of 1999 (15 U.S.C. 657b note) is amended and other communications regarding the se- partment of Energy, to prescribe mili- by striking ‘‘In cooperation with the Na- curity situation in Benghazi prior to and tary personnel strengths for such fiscal tional Veterans Business Development Cor- since the attack on the United States con- year, and for other purposes; which was poration, develop’’ and inserting ‘‘Develop’’. sulate and annex facility. ordered to lie on the table; as follows: EPORT ON RECOMMENDED CHANGES TO (c) R At the end of title XVII, add the following: SA 3134. Mr. DEMINT (for himself SECURITY PROCEDURES AT UNITED STATES EM- SEC. 1711. RETENTION OF LEADERSHIP RANK, BASSIES AND CONSULATES.— and Mr. CORKER) submitted an amend- AIRCRAFT, AND CORE FUNCTIONS ment intended to be proposed by him (1) IN GENERAL.—Not later than 90 days OF THE 354TH FIGHTER WING AND to the bill S. 3254, to authorize appro- after the date of the enactment of this Act, THE 18TH AGGRESSOR SQUADRON priations for fiscal year 2013 for mili- the Secretary of State shall submit to the AT EIELSON AIR FORCE BASE, ALAS- KA. tary activities of the Department of appropriate congressional committees a re- port containing recommendations for im- (a) IN GENERAL.—The Secretary of the Air Defense, for military construction, and proving security operations at United States Force shall retain the current leadership for defense activities of the Depart- embassies and consulates globally. rank, aircraft and core functions of the 354th ment of Energy, to prescribe military (2) CONTENT.—The report required under Fighter Wing and the 18th Aggressor Squad- personnel strengths for such fiscal paragraph (1) shall include the following ele- ron at Eielson Air Force Base, Alaska, with year, and for other purposes; which was ments: the same integrated mission elements, re- ordered to lie on the table; as follows: (A) Recommendations for improving the sponsibilities, and capabilities as existed as of November 1, 2011, until the later of— At the end of subtitle C of title XII, add hiring and training of security personnel at (1) October 1, 2013; or the following: United States embassies and consulates glob- ally. (2) the date that is 180 days after the Na- SEC. 1233. REPORT ON ATTACKS ON UNITED tional Commission on the Structure of the STATES MISSIONS IN LIBYA, EGYPT, (B) Recommendations for improving the AND YEMEN. collection and sharing of intelligence on Air Force submits to the congressional de- (a) FINDINGS.—Congress makes the fol- credible threats to United States embassies fense committees the report required under lowing findings: and consulates globally. section 1703. (1) Congress condemns in the strongest (3) APPROPRIATE CONGRESSIONAL COMMIT- (b) RULE OF CONSTRUCTION.—Nothing in terms possible the attacks on the United TEES DEFINED.—In this subsection, the term this section shall be construed to relieve the States diplomatic missions in Libya, Egypt, ‘‘appropriate congressional committees’’ Secretary of the Air Force of the obligation and Yemen. means— to comply with any other conditions prece- (2) The American people mourn the loss of (A) the Committee on Foreign Relations dent in law or regulation which govern any our selfless public servants and offer our and the Select Committee on Intelligence of proposed modification to current operations heartfelt condolences to the families of those the Senate; and at Eielson Air Force Base after the dates re- killed in Benghazi, Libya. (B) the Committee on Foreign Affairs and ferred to in paragraphs (1) and (2) of sub- (b) REPORTS ON ATTACKS AT UNITED STATES the Permanent Select Committee on Intel- section (a). MISSIONS IN LIBYA, EGYPT, AND YEMEN.— ligence of the House of Representatives. (1) IN GENERAL.—Not later than 30 days (d) FORM.—The reports submitted under SA 3138. Ms. MURKOWSKI submitted after the date of the enactment of this Act, subsections (b) and (c) shall be submitted in an amendment intended to be proposed the President shall submit to the Committee unclassified form, but may contain a classi- by her to the bill S. 3254, to authorize on Foreign Relations of the Senate and the fied annex. appropriations for fiscal year 2013 for Committee on Foreign Affairs of the House military activities of the Department of Representatives a report on the Sep- SA 3135. Ms. MURKOWSKI submitted an amendment intended to be proposed of Defense, for military construction, tember 11, 2012, attack on the United States and for defense activities of the De- Consulate in Benghazi, Libya, the attacks on by her to the bill S. 3254, to authorize the United States Embassy in Cairo, Egypt, appropriations for fiscal year 2013 for partment of Energy, to prescribe mili- that began on September 11, 2012, the Sep- military activities of the Department tary personnel strengths for such fiscal tember 13, 2012, attack on the United States of Defense, for military construction, year, and for other purposes; which was Embassy in Sana’a, Yemen, and the state of and for defense activities of the De- ordered to lie on the table; as follows: security at United States diplomatic mis- partment of Energy, to prescribe mili- At the end of subtitle A of title VII, add sions globally. tary personnel strengths for such fiscal the following: (2) CONTENT.—The report required under year, and for other purposes; which was SEC. 704. INCLUSION OF CERTAIN PSYCHOLO- paragraph (1) shall include the following ele- GISTS AS QUALIFIED TO SERVE AS ments: ordered to lie on the table; as follows: PSYCHOLOGISTS UNDER THE (A) An accounting of the events that oc- On page 502, line 7, strike ‘‘2013’’ and insert TRICARE PROGRAM. curred beginning on September 11, 2012, at ‘‘2014’’. (a) IN GENERAL.—Notwithstanding any the United States Embassy in Cairo, Egypt, other provision of law, Psychological Associ- and the United States Consulate in SA 3136. Ms. MURKOWSKI submitted ates, licensed by the State of Alaska, shall Benghazi, Libya, and on September 13, 2012, an amendment intended to be proposed be treated as psychologists for purposes of at the United States Embassy in Sana’a by her to the bill S. 3254, to authorize participation in the TRICARE program while Yemen. appropriations for fiscal year 2013 for providing services within their lawful scope (B) An accounting of whether the United military activities of the Department of practice to eligible beneficiaries under the States Government had actionable intel- of Defense, for military construction, TRICARE program in the State of Alaska. ligence before the attacks on the United (b) TRICARE PROGRAM DEFINED.—In this and for defense activities of the De- section, the term ‘‘TRICARE program’’ has States Embassy in Cairo, the United States partment of Energy, to prescribe mili- Consulate in Benghazi, and the United the meaning given that term in section States Embassy in Sana’a, including rec- tary personnel strengths for such fiscal 1072(7) of title 10, United States Code. ommendations for changes in resources, col- year, and for other purposes; which was lection, and analysis in the future. ordered to lie on the table; as follows: SA 3139. Mr. BARRASSO (for him- (C) A statement on and assessment of the On page 506, beginning on line 2, strike self, Mr. LEE, and Mr. INHOFE) sub- responsiveness of the respective govern- ‘‘Air Force assigned to’’ and all that follows mitted an amendment intended to be

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00128 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.002 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15739 proposed by him to the bill S. 3254, to (d) until the country subject to the restric- ordination with the Secretary of State, sub- authorize appropriations for fiscal year tion subsequently votes at the United Na- mit to the Committees on Armed Services of 2013 for military activities of the De- tions to revert the status of the Palestinian the Senate and the House of Representatives partment of Defense, for military con- mission back to the status it held on Novem- a report on the findings of the ongoing De- ber 25, 2012. partment of Defense review of defense sup- struction, and for defense activities of (f) PRESIDENTIAL WAIVER.—The President port of United States diplomatic security. the Department of Energy, to prescribe may exempt a country from the restriction (b) ELEMENTS.—The report required by sub- military personnel strengths for such described in subsection (d) if the President section (a) shall include, but not be limited fiscal year, and for other purposes; determines such exemption is in the national to, such findings and recommendations as which was ordered to lie on the table; security interests of the United States and the Secretaries consider appropriate with re- as follows: submits to Congress a written statement ex- spect to the following: plaining such national security interest. (1) Department of Defense authorities, di- At the end of subtitle D of title XII, add rectives, and guidelines in support of diplo- the following: SA 3140. Mr. WARNER submitted an matic security. SEC. 1246. STATUS OF PALESTINIAN MISSION TO (2) Interagency processes and procedures to UNITED NATIONS. amendment intended to be proposed by identify, validate, and resource diplomatic (a) FINDINGS.—Congress makes the fol- him to the bill S. 3254, to authorize ap- lowing findings: propriations for fiscal year 2013 for security support required from the Depart- (1) The Oslo II Agreement, Wye River military activities of the Department ment of Defense. (3) Department of Defense roles, missions, Memo, and Sharm el-Sheikh Memo all pro- of Defense, for military construction, hibit either party from ‘‘chang[ing] the sta- and resources required to fulfill require- and for defense activities of the De- ments for United States diplomatic security, tus of the West Bank and the Gaza Strip’’ partment of Energy, to prescribe mili- prior to the completion of permanent status including, but not limited to the following: negotiations. tary personnel strengths for such fiscal (A) Marine Corps Embassy Security Guard (2) According to the Congressional Re- year, and for other purposes; which was detachments. search Service, the United States has com- ordered to lie on the table; as follows: (B) Training and advising host nation secu- mitted over $4,000,000,000 in bilateral assist- At the end of subtitle F of title X, add the rity forces for diplomatic security. ance to the Palestinians since the mid-1990s. following: (C) Intelligence collection to prevent and (3) According to at least one media report, respond to threats to diplomatic security. SEC. 1064. REPORT ON NIGHT VISION EXPORT (D) Security assessments of diplomatic the number of rockets and mortars fired at CONTROL REGULATIONS. missions. Israel from Gaza as of November 22, 2012, is (a) UPDATING OF EXPORT REGULATIONS.— (E) Support of emergency action planning. more than 2,300. The Secretary of Defense shall review and re- (F) Rapid response forces to respond to (b) REDUCED ASSISTANCE TO PALESTINIAN vise the Department of Defense’s night vi- threats to diplomatic security. AUTHORITY FOR UNDERMINING ISRAELI-PALES- sion export regulations and specifications to (c) FORM.—The report required by sub- TINIAN PERMANENT STATUS NEGOTIATIONS.— ensure a robust domestic manufacturing ca- section (a) shall be submitted in unclassified The President shall reduce by 50 percent the pability. form, but may include a classified annex. total United States assistance provided to (b) REPORT.—Not later than March 1, 2013, the Palestinian Authority if it seeks at any the Secretary of Defense shall submit to the SA 3143. Ms. MURKOWSKI submitted time after November 25, 2012, at the United congressional defense committees a report Nations General Assembly or any other describing actions taken to update the De- an amendment intended to be proposed United Nations entity status different than partment of Defense’s night vision export by her to the bill S. 3254, to authorize the status it held on November 25, 2012. regulations pursuant to subsection (a). appropriations for fiscal year 2013 for (c) REDUCED ASSISTANCE TO ANY UNITED military activities of the Department NATIONS ENTITY UNDERMINING ISRAELI-PALES- SA 3141. Mr. WARNER submitted an of Defense, for military construction, TINIAN PERMANENT STATUS NEGOTIATIONS.— amendment intended to be proposed by and for defense activities of the De- The President shall withhold 50 percent of him to the bill S. 3254, to authorize ap- partment of Energy, to prescribe mili- the total appropriated contributions to any propriations for fiscal year 2013 for United Nations entity if that entity grants tary personnel strengths for such fiscal at any time after November 25, 2012, to the military activities of the Department year, and for other purposes; which was Palestinian mission a status different than of Defense, for military construction, ordered to lie on the table; as follows: the status the Palestinian mission held on and for defense activities of the De- At the end of subtitle H of title X, add the November 25, 2012. partment of Energy, to prescribe mili- following: (d) REDUCED ASSISTANCE TO COUNTRIES UN- tary personnel strengths for such fiscal SEC. 1084. CONGRESSIONAL REQUESTS UNDER DERMINING ISRAELI-PALESTINIAN PERMANENT year, and for other purposes; which was THE FREEDOM OF INFORMATION STATUS NEGOTIATIONS.—The President shall ordered to lie on the table; as follows: ACT. reduce by 20 percent the total United States (a) DEFINITIONS.—In this section, the fol- assistance provided to any country voting At the end of subtitle E of title X, add the lowing definitions shall apply: after November 25, 2012, at the United Na- following: (1) CONGRESSIONAL REQUEST.—The term tions in favor of— SEC. 1048. MINIMUM NUMBER OF PERSONNEL ‘‘congressional request’’ means a request (1) granting a Palestinian entity status as FOR THE JOINT WARFIGHTING submitted by a member of Congress to the ANALYSIS CENTER. a Member State; Secretary under section 552 of title 5, United The minimum number of personnel for the (2) granting a Palestinian entity observer States Code (commonly known as the ‘‘Free- Joint Warfighting Analysis Center (JWAC) status as a non-Member State; or dom of Information Act’’) that relates to ac- may not be less than 450. (3) otherwise altering the status of the Per- tivities of the Department of Defense in the State represented by the member of Con- manent Observer Mission of Palestine to the Mr. PORTMAN submitted an United Nations so as to grant it a status that SA 3142. gress. interferes with the resolution of permanent amendment intended to be proposed by (2) MEMBER OF CONGRESS.—The term status issues between Israel and the Pales- him to the bill S. 3254, to authorize ap- ‘‘member of Congress’’ means a member of tinian Authority. propriations for fiscal year 2013 for the Senate or the House of Representatives, (e) DURATION OF REDUCED AID.— military activities of the Department a Delegate to the House of Representatives, (1) FIRST FISCAL YEAR.—Assistance shall be of Defense, for military construction, and the Resident Commissioner from Puerto reduced under subsection (b), (c), or (d) for and for defense activities of the De- Rico. the fiscal year in which the conditions of partment of Energy, to prescribe mili- (3) SECRETARY.—The term ‘‘Secretary’’ such subsection are met. means the Secretary of Defense. tary personnel strengths for such fiscal (2) SUBSEQUENT FISCAL YEARS.— (4) STATE.—The term ‘‘State’’ means each (A) ASSISTANCE TO PALESTINIAN AUTHORITY year, and for other purposes; which was of the several States, the District of Colum- OR UNITED NATIONS ENTITY.—Assistance shall ordered to lie on the table; as follows: bia, the Commonwealth of Puerto Rico, the continue to be reduced pursuant to sub- At the end of subtitle F of title X, add the Virgin Islands, Guam, and American Samoa. sections (b) and (c) in each subsequent fiscal following: (b) RESPONSE TO CONGRESSIONAL RE- year until permanent status issues between SEC. 1064. REPORT ON DEPARTMENT OF DE- QUESTS.—The Secretary shall process con- Israel and the Palestinian Authority are FENSE SUPPORT FOR UNITED gressional requests in accordance with the fully resolved. STATES DIPLOMATIC SECURITY. time limitations under section 552(a)(6) of (B) ASSISTANCE TO COUNTRIES UNDERMINING (a) REPORT REQUIRED.—Not later than 180 title 5, United States Code, including, as ap- STATUS NEGOTIATIONS.—Assistance shall con- days after the date of the enactment of this plicable, subparagraphs (D) and (E) of such tinue to be reduced pursuant to subsection Act, the Secretary of Defense shall, in co- section 552(a)(6).

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00129 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.002 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15740 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 28, 2012 (c) FEES PROHIBITED.—The Secretary may ceipt of military awards, the relative infre- SA 3145. Mr. WARNER submitted an not charge a fee in connection with any con- quency of such claims, and the fact that amendment intended to be proposed by gressional request. false claims of having served in the military him to the bill S. 3254, to authorize ap- (d) NOTIFICATION OF STATUS OF CONGRES- or received such awards are rightfully con- propriations for fiscal year 2013 for SIONAL REQUESTS.—The Secretary shall no- demned across the political spectrum, it is tify a member of Congress of the status of a especially likely that any law prohibiting military activities of the Department congressional request submitted by the such false claims would not be enforced se- of Defense, for military construction, member of Congress— lectively. and for defense activities of the De- (1) at reasonable intervals; and (8) Congress may make criminal the false partment of Energy, to prescribe mili- (2) upon the request of the member of Con- claim of military service or the receipt of tary personnel strengths for such fiscal gress. military awards based on its powers under year, and for other purposes; which was (e) INFORMATION.—If the Secretary denies a article I, section 8, clause 2 of the Constitu- ordered to lie on the table; as follows: congressional request, in whole or in part, tion of the United States, to raise and sup- the Secretary shall provide to the member of port armies, and article I, section 8, clause 18 At the end of subtitle F of title X, add the Congress who submitted the congressional of the Constitution of the United States, to following: request— enact necessary and proper measures to SEC. 1064. STUDY ON ABILITY OF NATIONAL AIR (1) a particularized description of any doc- carry into execution that power. AND GROUND TEST AND EVALUA- ument or information to which access is de- TION INFRASTRUCTURE FACILITIES SEC. 5003. MILITARY MEDALS OR DECORATIONS. TO SUPPORT DEFENSE HYPERSONIC nied; and Section 704 of title 18, United States Code, TEST AND EVALUATION ACTIVITIES. (2) the reasons for the denial. is amended to read as follows: (a) STUDY REQUIRED.—The Director of the ‘‘§ 704. Military medals or decorations SA 3144. Mr. WEBB (for himself, Mr. Office of Science and Technology Policy, ‘‘(a) IN GENERAL.—Whoever knowingly pur- working with the Secretary of Defense and BROWN of Massachusetts, and Mr. LIE- chases, attempts to purchase, solicits for the Administrator of the National Aero- BERMAN) submitted an amendment in- purchase, mails, ships, imports, exports, pro- nautics and Space Administration (NASA), tended to be proposed by him to the duces blank certificates of receipt for, manu- shall conduct a study on the ability of De- bill S. 3254, to authorize appropriations factures, sells, attempts to sell, advertises partment of Defense and NASA air and for fiscal year 2013 for military activi- for sale, trades, barters, or exchanges for ground test and evaluation infrastructure fa- ties of the Department of Defense, for anything of value any decoration or medal cilities and private ground test and evalua- military construction, and for defense authorized by Congress for the Armed Forces tion infrastructure facilities, including wind activities of the Department of Energy, of the United States, or any of the service tunnels and air test ranges, as well as associ- medals or badges awarded to the members of ated instrumentation, to support defense to prescribe military personnel such forces, or the ribbon, button, or rosette hypersonic test and evaluation activities for strengths for such fiscal year, and for of any such badge, decoration, or medal, or the short and long term. other purposes; which was ordered to any colorable imitation thereof, except when (b) REPORT AND PLAN.— lie on the table; as follows: authorized under regulations made pursuant (1) IN GENERAL.—Not later than one year At the end, add the following: to law, shall be fined under this title, impris- after the date of the enactment of this Act, oned for not more than 6 months, or both. DIVISION E—STOLEN VALOR ACT the Secretary of Defense shall submit to the ‘‘(b) FALSE CLAIMS TO THE RECEIPT OF MILI- appropriate congressional committees a re- SEC. 5001. SHORT TITLE. TARY DECORATIONS, MEDALS, OR RIBBONS AND port containing the results of the study re- This division may be cited as the ‘‘Stolen FALSE CLAIMS RELATING TO MILITARY SERV- quired under subsection (a) together with a Valor Act of 2012’’. ICE IN ORDER TO SECURE A TANGIBLE BENEFIT plan for requirements and proposed invest- SEC. 5002. FINDINGS. OR PERSONAL GAIN.— ments to meet Department of Defense needs Congress find the following: ‘‘(1) IN GENERAL.—Whoever, with the intent through 2025. (1) Because of the great respect in which of securing a tangible benefit or personal (2) CONTENT.—The report required under military service and military awards are gain, knowingly, falsely, and materially rep- paragraph (1) shall include the following ele- rightfully held by the public, false claims of resents himself or herself through any writ- ments: receiving such medals or serving in the mili- ten or oral communication (including a re- (A) An assessment of the current condition tary are especially likely to be harmful and sume) to have served in the Armed Forces of and adequacy of the hypersonics test and material to employers, voters in deciding to the United States or to have been awarded evaluation infrastructure within the Depart- whom paid elective positions should be en- any decoration, medal, ribbon, or other de- ment of Defense, NASA, and the private sec- trusted, and in the award of contracts. vice authorized by Congress or pursuant to tor to support hypersonic research and devel- (2) Military service and military awards Federal law for the Armed Forces of the opment within the Department of Defense. are held in such great respect that public United States, shall be fined under this title, (B) An identification of test and evaluation and private decisions are correctly influ- imprisoned for not more than 6 months, or infrastructure that could be used to support enced by claims of heroism. both. Department of Defense hypersonic research (3) False claims of military service or mili- ‘‘(2) TANGIBLE BENEFIT OR PERSONAL GAIN.— and development outside the Department tary heroism are an especially noxious For purposes of this subsection, the term and assess means to ensure the availability means of obtaining something of value be- ‘tangible benefit or personal gain’ includes— of such capabilities to the Department in the cause they are particularly likely to cause ‘‘(A) a benefit relating to military service present and future. tangible harm to victims of fraud. provided by the Federal Government or a (C) A time-phased plan to acquire required (4) False claims of military service or the State or local government; hypersonics research, development, test and receipt of military awards, if believed, are ‘‘(B) public or private employment; evaluation capabilities, including identifica- especially likely to dispose people favorably ‘‘(C) financial remuneration; tion of the resources necessary to acquire toward the speaker. ‘‘(D) an effect on the outcome of a criminal any needed capabilities that are currently (5) False claims of military service or the or civil court proceeding; not available. receipt of military awards are particularly ‘‘(E) election of the speaker to paying of- (3) APPROPRIATE CONGRESSIONAL COMMIT- likely to be material and cause people to fice; and TEES DEFINED.—In this subsection, the term part with money or property. Even if such ‘‘(F) appointment to a board or leadership ‘‘appropriate congressional committees’’ claims are unsuccessful in bringing about position of a non-profit organization. means— this result, they still constitute attempted ‘‘(c) DEFINITION.—In this section, the term (A) the Committee on Armed Services and fraud. ‘Armed Forces of the United States’ means the Committee on Commerce, Science, and (6) False claims of military service or the the Army, Navy, Air Force, Marine Corps, Transportation of the Senate; and receipt of military awards that are made to and Coast Guard, including the reserve com- (B) the Committee on Armed Services and secure appointment to the board of an orga- ponents named in section 10101 of title 10.’’. the Committee on Science, Space, and Tech- nization are likely to cause harm to such or- SEC. 5004. SEVERABILITY. nology of the House of Representatives. ganization through their obtaining the serv- If any provision of this division, any ices of an individual who does not bring to amendment made by this division, or the ap- SA 3146. Mr. WARNER (for himself that organization what he or she claims, and plication of such provision or amendment to and Mr. CORNYN) submitted an amend- whose falsehood, if discovered, would cause any person or circumstance is held to be un- ment intended to be proposed by him the organization’s donors concern that the constitutional, the remainder of the provi- organization’s board might not manage sions of this division, the amendments made to the bill S. 3254, to authorize appro- money honestly. by this division, and the application of such priations for fiscal year 2013 for mili- (7) The easily verifiable nature of false provisions or amendments to any person or tary activities of the Department of claims regarding military service or the re- circumstance shall not be affected. Defense, for military construction, and

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00130 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.002 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15741 for defense activities of the Depart- him to the bill S. 3254, to authorize ap- (3) QUALIFICATION FOR ACCESSION.—Any in- ment of Energy, to prescribe military propriations for fiscal year 2013 for dividual who participates in the pilot pro- personnel strengths for such fiscal military activities of the Department gram shall meet all essential qualifications year, and for other purposes; which was of Defense, for military construction, for accession as an officer in the Air Force, and for defense activities of the De- other than those relating to having an audi- ordered to lie on the table; as follows: tory impairment. At the end of subtitle D of title XII, add partment of Energy, to prescribe mili- (c) BASIC TRAINING.—The individuals who the following: tary personnel strengths for such fiscal participate in the pilot program shall under- SEC. 1246. BILATERAL DEFENSE TRADE RELA- year, and for other purposes; which was go, at the election of the Secretary, the TIONSHIP WITH INDIA. ordered to lie on the table; as follows: Basic Officer Training course or the Commis- (a) REPORT.— At the end of subtitle C of title V, add the sioned Officer Training course at Maxwell (1) IN GENERAL.—Not later than 180 days following: Air Force Base, Alabama. after the date of the enactment of this Act, SEC. 526. REPORT ON STANDARDS FOR AUDI- (d) SPECIALTY TO WHICH ASSIGNABLE.—An the Secretary of Defense shall submit to the TORY FITNESS-FOR-DUTY OF MEM- individual participating in the pilot program congressional defense committees a report BERS OF THE ARMED FORCES. who successfully completes the training that articulates the vision of the Depart- (a) IN GENERAL.—Not later than 90 days course selected for the individual under sub- ment of Defense for defense trade relations after the date of the enactment of this Act, section (c) shall be assigned, at the election between the United States and India within the Secretary of Defense shall, in consulta- of the Secretary, to a specialty for which the the context of the overall bilateral defense tion with the Secretaries of the military de- individual is otherwise qualified as follows: relationship. partments— (1) Judge advocate. (2) CONTENT.—The report required under (1) develop auditory fitness-for-duty stand- (2) A specialty performing intelligence paragraph (1) shall include the following ele- ards for members of the Armed Forces on ac- functions. ments: tive duty that accurately reflect essential (3) A specialty performing medical func- (A) A description of the Department’s ap- operational requirements for such members, tions, dental functions, medical service func- proach for normalizing defense trade. as well as available accommodations to meet tions, nursing functions, or biomedical (B) An assessment of the defense capabili- such standards; and science functions. ties that the Secretary believes the Govern- (2) submit to the Committees on Armed (4) A specialty performing chaplain func- ment of India should acquire in order to en- Services of the Senate and the House of Rep- tions. hance cooperation and coordination with the resentatives a report on the updated stand- (5) Any other critical military specialty of United States Government on matters of ards to be used by the military departments the Air Force specified by the Secretary for shared security interests. to determine the auditory fitness-for-duty of purposes of the pilot program. (b) COMPREHENSIVE POLICY REVIEW.— members of the Armed Forces on active (e) REPORT.—Not later than two years after (1) IN GENERAL.—The Secretary of Defense duty. the date of the enactment of this Act, the shall lead a comprehensive policy review to (b) ELEMENTS IN CONNECTION WITH UPDATED Secretary shall submit to the appropriate examine the feasibility of engaging in co- STANDARDS.—If an updated standard to be committees of Congress a report on the pilot production and co-development defense used for determining the auditory fitness- program. The report shall include the fol- projects with India. for-duty of members of the Armed Forces on lowing: (2) SCOPE.—The policy review should— active duty differs from a standard currently (1) A description of the pilot program and (A) examine the parameters and require- or recently used for that purpose, the report the participants in the pilot program. ments for United States-India cooperation as shall include a description of the difference (2) The outcomes of the pilot program. well as the terms and conditions India must between the two standards and an assess- (3) Such recommendations for legislative fulfill to broach such cooperation; and ment of the impact of such updated standard or administrative action as the Secretary (B) consider potential areas of cooperation, on members of the Armed Forces on active considers appropriate in light of the pilot including the possibility of co-producing a duty who have auditory impairments. program. (f) APPROPRIATE COMMITTEES OF CONGRESS training aircraft to succeed the United Mr. HARKIN submitted an States Air Force’s T-38 aircraft and co-devel- SA 3148. DEFINED.—In this section, the term ‘‘appro- oping counter-IED technology or individual amendment intended to be proposed by priate committees of Congress’’ means— soldier capabilities. him to the bill S. 3254, to authorize ap- (1) the Committee on Armed Services, the (c) SENSE OF CONGRESS ON INTERNATIONAL propriations for fiscal year 2013 for Committee on Health, Education, Labor, and INITIATIVES.—It is the sense of Congress that military activities of the Department Pensions, and the Committee on Appropria- the Department of Defense should— of Defense, for military construction, tions of the Senate; and (1) conduct a review of all United States– and for defense activities of the De- (2) the Committee on Armed Services, the Committee on Education and the Workforce, India bilateral working groups dealing with partment of Energy, to prescribe mili- high technology transfers, including tech- and the Committee on Appropriations of the tary personnel strengths for such fiscal House of Representatives. nology security and licensing for dual-use year, and for other purposes; which was and munitions licenses, and determine the feasibility of establishing a single United ordered to lie on the table; as follows: SA 3149. Mr. UDALL of New Mexico States Government working group dedicated At the end of subtitle C of title V, add the (for himself and Mr. BINGAMAN) sub- to strategic technology trade; following: mitted an amendment intended to be (2) engage counterparts in the Government SEC. 526. PILOT PROGRAM ON ACCESSION OF proposed by him to the bill S. 3254, to of India in an intensified dialogue on the cur- CANDIDATES WITH AUDITORY IM- authorize appropriations for fiscal year rent challenges related to the compatibility PAIRMENTS AS AIR FORCE OFFI- CERS IN CRITICAL MILITARY SPE- 2013 for military activities of the De- of the Foreign Military Sales and direct CIALTIES. partment of Defense, for military con- commercial sales programs with the Indian (a) PILOT PROGRAM REQUIRED.—Com- struction, and for defense activities of Defense Procurement Procedure (DPP), and mencing not later than 180 days after the steps to improve compatibility; the Department of Energy, to prescribe date of the enactment of this Act, the Sec- military personnel strengths for such (3) engage counterparts in the Government retary of the Air Force shall carry out a of India in a dialogue about the elements of pilot program to assess the feasibility and fiscal year, and for other purposes; an effective defense industrial base, includ- advisability of permitting individuals with which was ordered to lie on the table; ing personnel training, quality assurance, auditory impairments (including deafness) to as follows: and manufacturing procedures; access as officers of the Air Force in order to At the appropriate place, insert the fol- (4) consider the establishment of orienta- fill the needs of the Air Force for officers in lowing: tion programs for new defense officials in the critical military specialties. SEC. lll. CLAIMS RELATING TO URANIUM MIN- Government of India about the procedures (b) CANDIDATES.— ING. for United States defense sales, including li- (1) NUMBER OF CANDIDATES.—The number of (a) REFERENCES.—Except as otherwise spe- censing processes; and individuals with auditory impairments who cifically provided, whenever in this section (5) continue and deepen ongoing efforts to may participate in the pilot program shall be an amendment or repeal is expressed in assist the Government of India in developing not less than 15 individuals and not more terms of an amendment to or repeal of a sec- its defense acquisition expertise by assisting than 20 individuals. tion or other provision of law, the reference with the development of training institu- (2) MIX AND RANGE OF AUDITORY IMPAIR- shall be considered to be made to a section tions and human capital. MENTS.—The individuals who participate in or other provision of the Radiation Exposure the pilot program shall include individuals Compensation Act (Public Law 101–426; 42 SA 3147. Mr. HARKIN submitted an who are deaf and individuals having a range U.S.C. 2210 note). amendment intended to be proposed by of other auditory impairments. (b) DATES.—

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00131 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.002 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15742 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 28, 2012 (1) EMPLOYEES OF MINES AND MILLS.—Sec- intended to be proposed by him to the mitted an amendment intended to be tion 5(a)(1)(A)(i) is amended by striking ‘‘De- bill S. 3254, to authorize appropriations proposed by him to the bill S. 3254, to cember 31, 1971; and’’ and inserting ‘‘Decem- for fiscal year 2013 for military activi- authorize appropriations for fiscal year ber 31, 1990; or’’. ties of the Department of Defense, for 2013 for military activities of the De- (2) DATES OF OPERATION OF URANIUM MINE.— Section 5(a)(2)(A) is amended by striking military construction, and for defense partment of Defense, for military con- ‘‘December 31, 1971’’ and inserting ‘‘Decem- activities of the Department of Energy, struction, and for defense activities of ber 31, 1990’’. to prescribe military personnel the Department of Energy, to prescribe (c) CLAIMS RELATING TO ATMOSPHERIC strengths for such fiscal year, and for military personnel strengths for such TESTING.— other purposes; which was ordered to fiscal year, and for other purposes; (1) LEUKEMIA CLAIMS RELATING TO TRINITY lie on the table; as follows: which was ordered to lie on the table; TEST IN NEW MEXICO.—Section 4(a)(1)(A) is At the end of subtitle B of title VIII, add as follows: amended— the following: (A) in clause (i)— On page 308, between lines 10 and 11, insert (i) in subclause (II)— SEC. 827. APPLICABILITY OF BUY AMERICAN ACT the following: (I) by striking ‘‘in the affected area’’ and TO PROCUREMENT OF PHOTO- SEC. 924A. USE OF NATIONAL SECURITY LABORA- VOLTAIC DEVICES BY DEPARTMENT TORIES IN DEVELOPMENT OF THE inserting ‘‘in an affected area’’; and OF DEFENSE. (II) by striking ‘‘or’’ after the semicolon; NEXT-GENERATION HOST-BASED CY- (a) PROCUREMENT OF PHOTOVOLTAIC DE- BERSECURITY SYSTEM. (ii) by redesignating subclause (III) as sub- VICES.—The Secretary of Defense shall en- (a) SENSE OF CONGRESS.—It is the sense of clause (IV); and sure that each contract described in sub- Congress that— (iii) by inserting after subclause (II) the section (b) awarded by the Department of (1) cybersecurity is a top priority of the following: Defense includes a provision requiring any United States; and ‘‘(III) was physically present in an affected photovoltaic devices installed pursuant to (2) the national security laboratories of the area for the period beginning on June 30, the contract, or pursuant to a subcontract National Nuclear Security Administration 1945, and ending on July 31, 1945; or’’; and under the contract, to comply with the pro- are a national resource that can be used to (B) in clause (ii)(I), by striking ‘‘physical visions of chapter 83 of title 41, United develop effective solutions to cybersecurity presence described in subclause (I) or (II) of States Code (commonly known as the ‘‘Buy challenges. clause (i) or onsite participation described in American Act’’), without regard to whether (b) COLLABORATION REQUIRED.—The Chief clause (i)(III)’’ and inserting ‘‘physical pres- the contract results in ownership of the pho- Information Officer of the Department of De- ence described in subclause (I), (II), or (III) of tovoltaic devices by the Department. fense and the Under Secretary of Defense for clause (i) or onsite participation described in (b) COVERED CONTRACTS.—The contracts Acquisition, Technology, and Logistics shall clause (i)(IV)’’. described in this subsection include energy collaborate with the Administrator for Nu- (2) SPECIFIED DISEASES CLAIMS RELATING TO savings performance contracts, utility serv- clear Security to use the research, engineer- TRINITY TEST IN NEW MEXICO.—Section 4(a)(2) ice contracts, power purchase agreements, ing, and technological resources of the na- is amended— land leases, and private housing contracts tional security laboratories in developing (A) in subparagraph (A), by striking ‘‘in pursuant to which any photovoltaic devices the strategy to acquire next-generation host- the affected area’’ and inserting ‘‘in an af- are— based cybersecurity tools and capabilities fected area’’; (1) installed on property or in a facility for the Department of Defense required by (B) in subparagraph (B)— owned by the Department of Defense; and section 924(a). (i) by striking ‘‘in the affected area’’ and (2) generate power consumed predomi- (c) NATIONAL SECURITY LABORATORY DE- inserting ‘‘in an affected area’’; and nantly by the Department and counted to- FINED.—In this section, the term ‘‘national (ii) by striking ‘‘or’’ at the end; ward Federal renewable energy purchase re- security laboratory’’ has the meaning given (C) by redesignating subparagraph (C) as quirements. that term in section 3281 of the National Nu- subparagraph (D); and (c) COMPLIANCE WITH INTERNATIONAL OBLI- clear Security Administration Act (50 U.S.C. (D) by inserting after subparagraph (B) the GATIONS.—Subsection (a) shall be applied in a 2471). following: manner consistent with the obligations of ‘‘(C) was physically present in an affected the United States under international agree- SA 3152. Mr. UDALL of New Mexico area for the period beginning on June 30, ments. (for himself and Mr. BINGAMAN) sub- 1945, and ending on July 31, 1945; or’’. (d) PHOTOVOLTAIC DEVICES DEFINED.—In mitted an amendment intended to be (3) DEFINITION.—Section 4(b)(1) is amended this section, the term ‘‘photovoltaic devices’’ to read as follows: means devices that convert light directly proposed by him to the bill S. 3254, to ‘‘(1) ‘affected area’ means— into electricity. authorize appropriations for fiscal year ‘‘(A) except as provided under subpara- (e) EFFECTIVE DATE.—This section applies 2013 for military activities of the De- graph (B)— to photovoltaic devices procured or installed partment of Defense, for military con- ‘‘(i) in the State of Utah, the counties of on or after the date that is 30 days after the struction, and for defense activities of Washington, Iron, Kane, Garfield, Sevier, date of the enactment of the this Act pursu- the Department of Energy, to prescribe Beaver, Millard, Wayne, San Juan, and ant to contracts entered into on or after military personnel strengths for such Piute; such date of enactment. fiscal year, and for other purposes; ‘‘(ii) in the State of Nevada, the counties of (f) SUNSET.— White Pine, Nye, Lander, Lincoln, Eureka, (1) IN GENERAL.—This section shall expire which was ordered to lie on the table; and that portion of Clark County that con- on the date that is one year after the date of as follows: sists of townships 13 through 16 at ranges 63 the enactment of this Act. On page 50, between lines 18 and 19, insert through 71; and (2) CONTINUING EFFECTIVENESS OF CON- the following: ‘‘(iii) in the State of Arizona, the counties TRACTS AFTER SUNSET.—Nothing in para- (2) shall include with the estimate under of Coconino, Yavapai, Navajo, Apache, and graph (1) shall be construed to terminate the paragraph (1)— Gila, and that part of Arizona that is north effectiveness after the sunset date provided (A) an estimate of the costs of using and of the Grand Canyon; and for in that paragraph of any contract award- upgrading existing United States Govern- ‘‘(B) with respect to a claim by an indi- ed by the Department of Defense and subject ment foundries for defense use; and vidual under subsection (a)(1)(A)(i)(III) or the provisions of this section while such con- (B) an assessment whether it is more cost (2)(C), only the counties of De Baca, Guada- tract remains in force. effective to use and upgrade existing United lupe, Lincoln, Otero, San Miguel, Socorro, (g) CONSTRUCTION WITH OTHER AUTHOR- States Government foundries for shared use and Torrance in New Mexico.’’. ITY.—Nothing in this section shall be con- when compared with developing and building (4) CONFORMING AMENDMENTS.—Section 6 is strued to terminate the effectiveness of the the Next Generation Foundry for the Defense amended— applicability of the provisions of the section Microelectronics Activity, which assessment (A) in subsection (c)(2)(A)(i), by striking 846 of the Ike Skelton National Defense Au- shall— ‘‘in the affected area’’ and inserting ‘‘in an thorization Act for Fiscal Year 2011 (10 (i) include an analysis of existing foundries affected area’’; and U.S.C. 2534 note) to contracts that are award- of the National Nuclear Security Adminis- (B) in subsection (e), by striking ‘‘in the af- ed by the Department of Defense before the tration; fected area’’ and inserting ‘‘in an affected effective date provided for in subsection (e) (ii) identify any program or function that area’’. or after the sunset date provided for in sub- would be duplicated by the Next Generation section (f)(2). foundry; and SA 3150. Mr. UDALL of New Mexico (iii) assess the value of maintaining such (for himself, Mr. SCHUMER, and Mr. SA 3151. Mr. UDALL of New Mexico duplication and whether increasing existing BINGAMAN) submitted an amendment (for himself and Mr. BINGAMAN) sub- United States Government capabilities is a

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00132 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.002 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15743 more cost effective solution to meet mission SEC. 1084. IDENTIFICATION OF OPPORTUNITIES Small Unit Support Vehicle is not found, requirements; and FOR BIOFUELS RESEARCH AND RE- there will be a gap in national security of PORT ON USE OF BIOFUELS BY THE the United States. DEPARTMENT OF DEFENSE. (b) REPORT.—Not later than 180 days after SA 3153. Mr. UDALL of New Mexico (a) IDENTIFICATION OF OPPORTUNITIES TO IN- the date of the enactment of this Act, the (for himself and Mr. BINGAMAN) sub- CREASE BIOFUELS RESEARCH.—The Secretary Secretary of the Army shall submit to the mitted an amendment intended to be of Energy and the Secretary of Defense shall congressional defense committees a report proposed by him to the bill S. 3254, to jointly identify and assess opportunities to setting forth the following: authorize appropriations for fiscal year increase research relating to biofuels at the (1) An assessment of the current and an- 2013 for military activities of the De- national laboratories of the Department of ticipated requirements of the Army for a ve- Energy with the goals of decreasing the cost partment of Defense, for military con- hicle that can operate in rugged terrain and of biofuels for use by the Department of De- in extreme climates such as those in the Arc- struction, and for defense activities of fense and decreasing the dependence of the tic. the Department of Energy, to prescribe United States on foreign sources of fuel. (2) An assessment of the current supply military personnel strengths for such (b) REPORT REQUIRED.— chain for the Small Unit Support Vehicle. fiscal year, and for other purposes; (1) IN GENERAL.—Not later than 180 days (3) An assessment of the needs of the Army which was ordered to lie on the table; after the date of the enactment of this Act, for a new vehicle that meets the require- as follows: the Secretary of Defense shall submit to the ments of both the regular and the reserve congressional defense committees a report components of the Army for operations in At the end of subtitle H of title X, add the assessing the extent to which the use of rugged terrain and extreme conditions such following: biofuels by the Department of Defense could as those in the Arctic. SEC. 1084. ESTABLISHMENT OF NATIONAL CEN- offset the increasing fossil fuel demand of TER FOR ALGAL BIOTECHNOLOGY. the Department. SA 3156. Ms. MURKOWSKI submitted (2) ELEMENTS.—The report required by an amendment intended to be proposed (a) IN GENERAL.—The Secretary of Defense paragraph (1) shall include the following: and the Secretary of Energy shall jointly se- by her to the bill S. 3254, to authorize (A) A projection of the fuel demands of lect, on a competitive basis, from among or- appropriations for fiscal year 2013 for each military department during the five- ganizations described in subsection (d), an military activities of the Department year period beginning on the date of the en- organization to serve as a National Center of Defense, for military construction, actment of this Act that includes— for Algal Biotechnology. (i) the type of fuel expected to be used; and for defense activities of the De- (b) PURPOSES.—The purposes of the Na- (ii) the expected annual usage; and partment of Energy, to prescribe mili- tional Center for Algal Biotechnology shall (iii) projected transportation costs. tary personnel strengths for such fiscal be— (B) An assessment of opportunities for the year, and for other purposes; which was (1) to advance research and development in military departments to decrease the use of ordered to lie on the table; as follows: support of the strategic goals of the Depart- fossil fuels. At the end of subtitle E of title X, add the ment of Defense relating to energy produc- following: tion and technology development for na- SA 3155. Ms. MURKOWSKI submitted SEC. 1048. REPORT ON PROPOSED ACTIVITIES AT tional defense under the Defense Production an amendment intended to be proposed EIELSON AIR FORCE BASE, ALASKA. Act of 1950 (50 U.S.C. App. 2061 et seq.); and by her to the bill S. 3254, to authorize (a) IN GENERAL.—Prior to the commence- (2) to advance research relating to energy ment of procedures under the National Envi- independence and other national security ob- appropriations for fiscal year 2013 for military activities of the Department ronmental Policy Act of 1969 (42 U.S.C. 4321 jectives, as determined by the Secretary of et seq.) related to the transfer of aircraft, Defense and the Secretary of Energy. of Defense, for military construction, the demolition of facilities and infrastruc- (c) DUTIES.—The National Center for Algal and for defense activities of the De- ture, or the modification in leadership rank, Biotechnology shall— partment of Energy, to prescribe mili- core functions, mission elements, respon- (1) foster innovation, education, and entre- tary personnel strengths for such fiscal sibilities, and capabilities of Eielson Air preneurial activities to support the commer- year, and for other purposes; which was Force Base, Alaska, as they existed as of No- cialization of bio algae fuel and improve its ordered to lie on the table; as follows: vember 1, 2011, the Secretary of Defense, in cost effectiveness; consultation with the Secretary of Homeland At the end of subtitle B of title I, add the (2) work to integrate a phenomics, Security, shall submit to the congressional following: transcriptomics, proteomics, and defense committees a report on the rationale metabolomics pipeline into an existing facil- SEC. 112. SMALL UNIT SUPPORT VEHICLE. for such transfer, demolition, or modifica- ity that focuses on algal biotechnology re- (a) FINDINGS.—Congress makes the fol- tion. search; and lowing findings: (b) CONTENT.—The report required under (3) partner with algae test-bed and produc- (1) The Secretary of Defense has directed a subsection (a) shall include— tion facilities. strategic shift in focus for the Department of (1) an analysis of the strategic value of Defense to the Asia-Pacific Theatre. Eielson Air Force Base to operations in the (d) ORGANIZATIONS DESCRIBED.—An organi- (2) The only Arctic regions of the United Pacific Area of Responsibility and elsewhere; zation described in this subsection is an or- States are within the Asia-Pacific Theatre. (2) the usefulness of Eielson Air Force Base ganization that— (3) The conditions presented by terrain in to potential future missions, including mili- (1) is described in section 501(c)(3) of the In- Arctic regions is the harshest on the earth, tary and humanitarian missions in a chang- ternal Revenue Code of 1986 that is exempt and the Armed Forces must be able to oper- ing Arctic region; from taxation under section 501(a) of such ate in the conditions caused by such terrain. (3) the basing of F–35 aircraft; Code; and (4) Unique equipment is needed to be able (4) the potential for relocation of combat (2) has a preexisting relationship with a to effectively survive and operate in such coded aircraft from overseas bases; federally funded research and development conditions. (5) maintenance and expansion of the center. (5) Among the unique equipment used by North Pacific air refueling bridge; Army units to operate in such conditions is (6) remote piloted vehicle basing; and SA 3154. Mr. UDALL of New Mexico the Small Unit Support Vehicle (SUSV). (7) proximity of Eielson Air Force Base to (for himself and Mr. BINGAMAN) sub- (6) The Small Unit Support Vehicle is no the Joint Pacific Alaska Range Complex. mitted an amendment intended to be longer a program of record among the acqui- Ms. MURKOWSKI submitted proposed by him to the bill S. 3254, to sition programs of the Army, and there are SA 3157. no current plans to acquire new models of an amendment intended to be proposed authorize appropriations for fiscal year the Small Unit Support Vehicle. by her to the bill S. 3254, to authorize 2013 for military activities of the De- (7) The Canadian equivalent of the Small appropriations for fiscal year 2013 for partment of Defense, for military con- Unit Support Vehicle was successfully used military activities of the Department struction, and for defense activities of in combat in Afghanistan in 2002 in harsh of Defense, for military construction, the Department of Energy, to prescribe terrain. and for defense activities of the De- military personnel strengths for such (8) Military units currently using the Small Unit Support Vehicle must use a partment of Energy, to prescribe mili- fiscal year, and for other purposes; tary personnel strengths for such fiscal which was ordered to lie on the table; method of ‘‘cannibalization’’ that pulls parts from other vehicles in order to repair inoper- year, and for other purposes; which was as follows: able ones. ordered to lie on the table; as follows: At the end of subtitle H of title X, add the (9) If a solution to the problem of inad- At the end of title XXVII, add the fol- following: equate supplies of replacement parts for the lowing:

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00133 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.002 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15744 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 28, 2012 SEC. 2705. INCLUSION OF CERTAIN MODIFICA- with the Texas Veterans Commission, stat- At the end of subtitle D of title I, add the TIONS TO CORE FUNCTIONS OR AIR- ing that both Veterans Service Organiza- following: CRAFT AT MILITARY INSTALLATIONS tions ‘‘and state and county service SEC. 146. MQ–9 REAPER UNMANNED AERIAL VE- IN DEFINITION OF REALIGNMENT. officers...are important partners in HICLES. Section 2687(e)(3) of title 10, United States VBA’s transformation to better serve Vet- (a) ADDITIONAL AMOUNT FOR AIR FORCE Code, is amended by inserting before the pe- erans.’’. PROCUREMENT.—The amount authorized to be riod at the end the following: ‘‘, except that (9) At the same hearing, Mr. John Limpose, appropriated for fiscal year 2013 by section such term does include a reduction of force director of the regional office of the Depart- 101 is hereby increased by $36,800,000, with resulting from a modification in core func- ment of Veterans Affairs in Waco, Texas, tes- the amount of the increase to be available tions or aircraft at an Air Force installation tified that the ‘‘TVC is working very, very for amounts authorized to be appropriated during fiscal years 2013, 2014, or 2015 that well’’ with regional offices of the Depart- by that section and available for procure- otherwise meets the criteria of subsection ment in Texas, calling the Texas Veterans ment for the Air Force for procurement of (a)’’. Commission a ‘‘very positive story that we unmanned aerial vehicles as specified in the can branch out into...all of our stake- funding table in section 4101. SA 3158. Mr. CORNYN submitted an holders.’’. (b) AVAILABILITY.—The amount authorized amendment intended to be proposed by (b) REPORT.— and made available by subsection (a) may be him to the bill S. 3254, to authorize ap- (1) IN GENERAL.—Not later than 60 days obligated and expended for the procurement propriations for fiscal year 2013 for after the date of the enactment of this Act, of an MQ–9 Reaper unmanned aerial vehicle. military activities of the Department the Secretary of Veterans Affairs shall sub- mit to Congress a plan to reduce the current Mr. BROWN of Massachu- of Defense, for military construction, SA 3160. backlog of pending claims for benefits under setts submitted an amendment in- and for defense activities of the De- laws administered by the Secretary and tended to be proposed by him to the partment of Energy, to prescribe mili- more efficiently process claims for such ben- bill S. 3254, to authorize appropriations tary personnel strengths for such fiscal efits in the future. for fiscal year 2013 for military activi- year, and for other purposes; which was (2) CONTENTS.—The report required by ties of the Department of Defense, for ordered to lie on the table; as follows: paragraph (1) shall include the following: (A) A summary of all steps the Secretary military construction, and for defense At the end of subtitle H of title X, add the has taken thus far to partner with non-Fed- activities of the Department of Energy, following: eral entities in support of efforts to reduce to prescribe military personnel SEC. 1084. PLAN TO PARTNER WITH STATE AND the backlog described in paragraph (1) and strengths for such fiscal year, and for LOCAL ENTITIES TO ADDRESS VET- more efficiently process claims described in ERANS CLAIMS BACKLOG. other purposes; which was ordered to such paragraph in the future, including two (a) FINDINGS.—Congress makes the fol- lie on the table; as follows: previous initiatives by the Texas Veterans lowing findings: Commission, namely the 2008–2009 Develop- On page 176, line 8, insert before the period (1) The Department of Veterans Affairs de- ment Assistant Pilot Project and the 2009– the following: ‘‘, unless the transition results fines any claim for benefits under laws ad- 2011 Claims Processing Assistance Team. in a permanent change of station and ship- ministered by the Secretary of Veterans Af- (B) A plan for the Secretary to partner ment of household goods’’. fairs as backlogged if the claim has been with non-Federal entities to support efforts pending for 125 days or more. to reduce such backlog and more efficiently SA 3161. Mr. CONRAD submitted an (2) According to the Department, as of No- process such claims in the future, including amendment intended to be proposed by vember 24, 2012, there were 899,540 pending the following: him to the bill S. 3254, to authorize ap- claims, with 604,583 (67.2 percent) of those (i) State and local agencies relating to vet- propriations for fiscal year 2013 for considered backlogged. erans affairs. military activities of the Department (3) The Department’s data further shows (ii) Organizations recognized by the Sec- that, on November 22, 2010, there were 749,934 of Defense, for military construction, retary for the representation of veterans and for defense activities of the De- claims pending, with only 244,129 (32.6 per- under section 5902 of title 38, United States cent) of those considered backlogged. Code. partment of Energy, to prescribe mili- (4) During the past two years, both the (iii) Such other relevant government and tary personnel strengths for such fiscal overall number of backlogged claims and the non-government entities as the Secretary year, and for other purposes; which was percentage of all pending claims that are considers appropriate. ordered to lie on the table; as follows: backlogged have doubled. (C) A description of how the Secretary in- At the end of subtitle H of title X, add the (5) In order to reduce the claims backlog at tends to leverage partnerships with non-Fed- following: regional offices of the Department of Vet- eral entities described in subparagraph (B) to erans Affairs located in Texas, the Texas SEC. 1084. NATIONAL PUBLIC AWARENESS AND eliminate such backlog, including through PARTICIPATION CAMPAIGN FOR Veterans Commission announced two initia- increasing the percentage of claims that are VETERANS’ HISTORY PROJECT OF tives on July 19, 2012, to partner with the De- fully developed prior to submittal to the AMERICAN FOLKLIFE CENTER. partment of Veterans Affairs— Secretary and ensuring that new claims are (a) IN GENERAL.—The Director of the (A) to assist veterans whose claims are al- fully developed prior to their submittal. American Folklife Center at the Library of ready backlogged to complete development (D) A description of what steps the Sec- Congress shall carry out a national public of those claims; and retary has taken and will take— awareness and participation campaign for (B) to help veterans who are filing new (i) to expedite the processing of claims the program required by section 3(a) of the claims to fully develop those claims prior to that are already fully developed at the time Veterans’ Oral History Project Act (20 U.S.C. filing them, shortening the processing time of submittal; and 2142(a)). Such campaign shall provide for the required. (ii) to support initiatives by non-Federal following: (6) The common goal of the two initiatives entities described in subparagraph (B) to (1) Encouraging the people of the United of the Texas Veterans Commission, called help claimants gather and submit necessary States, veterans organizations, community the ‘‘Texas State Strike Force Team’’ and evidence for claims that were previously groups, and national organizations to par- the ‘‘Fully Developed Claims Team Initia- filed but require further development. ticipate in such program. tive’’, is to reduce the backlog of claims (E) A description of how partnerships with (2) Ensuring greater awareness and partici- pending in Texas by 17,000 within one year. non-Federal entities described in subpara- pation throughout the United States in such (7) During the first two months of these graph (B) will fit into the Secretary’s overall program. new initiatives, the Texas Veterans Commis- claims processing transformation plan. (3) Providing meaningful opportunities for sion helped veterans complete development learning about the experiences of veterans. of more than 2,500 backlogged claims and as- SA 3159. Mr. GRAHAM submitted an (4) Assisting in the readjustment and suc- sisted veterans with the submission of more amendment intended to be proposed by cessful reintegration of veterans into civil- than 800 fully developed claims. him to the bill S. 3254, to authorize ap- ian life after service in the Armed Forces. (8) In testimony before the Subcommittee propriations for fiscal year 2013 for (b) COORDINATION AND COOPERATION.—To on Disability Assistance and Memorial Af- military activities of the Department the degree practicable, the Director shall, in fairs of the Committee on Veterans’ Affairs of Defense, for military construction, carrying out the campaign required by sub- of the House of Representatives on Sep- and for defense activities of the De- section (a), coordinate and cooperate with tember 21, 2012, Diana Rubens, Deputy Under veterans service organizations. Secretary for Field Operations of the Vet- partment of Energy, to prescribe mili- (c) VETERANS SERVICE ORGANIZATION DE- erans Benefits Administration, indicated tary personnel strengths for such fiscal FINED.—In this section, the term ‘‘veterans that the Department of Veterans Affairs has year, and for other purposes; which was service organization’’ means any organiza- experienced positive outcomes in projects ordered to lie on the table; as follows: tion recognized by the Secretary of Veterans

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00134 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.002 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15745 Affairs for the representation of veterans consult and coordinate in carrying out an to conduct counterterrorism operations and under section 5902 of title 38, United States ongoing program to provide information to counter al Qaeda in the Arabian Peninsula. Code. veterans described in subsection (b)(2)(C) re- (3) To the military and security forces of lating to the following: Somalia and other countries in the East Af- SA 3162. Mr. CONRAD submitted an (1) The kinds of physical and mental condi- rica region to support the efforts of those amendment intended to be proposed by tions and injuries that have been incurred by forces to conduct counterterrorism and him to the bill S. 3254, to authorize ap- members of the Armed Forces and veterans postconflict stability operations in Somalia. propriations for fiscal year 2013 for as a result of service described in subsection (b) LIMITATIONS.— (1) VALUE.—The aggregate replacement military activities of the Department (b)(2)(C), particularly with respect to post- traumatic stress. value of all defense articles transferred and of Defense, for military construction, (2) Any services or benefits available with defense services provided in connection with and for defense activities of the De- respect to such conditions and injuries. such defense articles under subsection (a) in partment of Energy, to prescribe mili- (f) APPROPRIATE COMMITTEES OF CONGRESS any fiscal year may not exceed $250,000,000. tary personnel strengths for such fiscal DEFINED.—In this section, the term ‘‘appro- (2) SOURCE OF TRANSFERRED ARTICLES.—The year, and for other purposes; which was priate committees of Congress’’ means— authority under subsection (a) may only be ordered to lie on the table; as follows: (1) the Committee on Armed Services and used for defense articles that— the Committee on Veterans’ Affairs of the (A) were present in Afghanistan as of the At the end of subtitle D of title VII, add Senate; and date of the enactment of this Act; the following: (2) the Committee on Armed Services and (B) immediately before transfer were in SEC. 735. COORDINATION OF ACTIVITIES ON RE- the Committee on Veterans’ Affairs of the use to support operations in Afghanistan; SEARCH, PREVENTION, AND TREAT- House of Representatives. and MENT RELATING TO POST-TRAU- (C) are no longer required by United States MATIC STRESS DISORDER. SA 3163. Mr. WARNER submitted an forces in Afghanistan. (a) DESIGNATION OF COORDINATING ORGANI- amendment intended to be proposed by (c) APPLICABLE LAW.—Any defense articles ZATION.—The President shall designate, and transferred or defense services provided may redesignate from time to time, the head him to the bill S. 3254, to authorize ap- propriations for fiscal year 2013 for under the authority of subsection (a) shall be of an appropriate department or agency of subject to the authorities and limitations the Federal Government to coordinate all re- military activities of the Department applicable to excess defense articles under search activities and prevention and treat- of Defense, for military construction, section 516 of the Foreign Assistance Act of ment efforts undertaken or funded by the and for defense activities of the De- 1961 (22 U.S.C. 2321j), other than the authori- Executive Branch of the Federal Government partment of Energy, to prescribe mili- ties and limitations in subsections (b)(1)(B), on post-traumatic stress disorder. tary personnel strengths for such fiscal (e), (f), and (g) of such section. (b) PUBLIC ADVISORY COMMITTEE.— year, and for other purposes; which was (d) REPORT REQUIRED BEFORE EXERCISE OF (1) IN GENERAL.—Not later than June 27, ordered to lie on the table; as follows: AUTHORITY.— 2013, the head of the department or agency (1) IN GENERAL.—The Secretary of Defense designated under subsection (a) shall estab- At the end of subtitle F of title X, add the may not exercise the authority under sub- lish an advisory committee to provide advice following: section (a) until 15 days after the Secretary to the head of that department or agency on SEC. 1064. REPORT ON NIGHT VISION EXPORT submits to the appropriate committees of proposed studies, plans, or strategies relat- CONTROL REGULATIONS. Congress a report on the equipment and (a) UPDATING OF EXPORT REGULATIONS.— ing to research activities and prevention and other property of the Department of Defense The Secretary of Defense shall review and re- treatment efforts described in such sub- in Afghanistan. vise the Department of Defense’s night vi- section. (2) ELEMENTS.—The report required under sion export regulations and specifications to (2) COMPOSITION.—The advisory committee paragraph (1) shall include the following: ensure a robust domestic manufacturing ca- established under paragraph (1) shall consist (A) A description of the process for pability. of consisting of the following: inventorying equipment and property, in- (b) REPORT.—Not later than March 1, 2013, (A) Members of the general public. the Secretary of Defense shall submit to the cluding defense articles, in Afghanistan (B) Experts in the field of mental health. congressional defense committees a report owned by the Department of Defense, includ- (C) Veterans who served in the Armed describing actions taken to update the De- ing equipment and property owned by the Forces on active duty and were deployed in partment of Defense’s night vision export Department and under the control of con- connection with a contingency operation (as regulations pursuant to subsection (a). tractors in Afghanistan. defined in section 101 of title 10, United (B) An estimate of the types and quantities States Code) after September 1, 2001. SA 3164. Mr. LEVIN submitted an of equipment and property of the Depart- (D) Representatives of such veterans. amendment intended to be proposed by ment of Defense, including defense articles, (E) Representatives of Government depart- him to the bill S. 3254, to authorize ap- anticipated to be withdrawn from Afghani- ments or agencies conducting research ac- propriations for fiscal year 2013 for stan in connection with the drawdown of tivities or prevention or treatment described United States military forces from Afghani- in subsection (a). military activities of the Department stan between the date of the enactment of (3) CONSULTATION.—The department or of Defense, for military construction, this Act and December 31, 2014, including agency head described in paragraph (1) shall and for defense activities of the De- equipment and property owned by the De- consult with the advisory committee estab- partment of Energy, to prescribe mili- partment and under the control of contrac- lished under such paragraph on a regular tary personnel strengths for such fiscal tors in Afghanistan. basis. year, and for other purposes; which was (e) NOTICE ON EXERCISE OF AUTHORITY.— (c) REPORT.—Not later than March 1 of ordered to lie on the table; as follows: (1) IN GENERAL.—The Secretary of Defense each year, the head of the department or may not transfer defense articles or provide At the end of subtitle B of title XII, add agency designated under subsection (a) shall defense services under subsection (a) until 15 the following: submit to the appropriate committees of days after the date on which the Secretary of Congress a report on the status and results SEC. 1221. AUTHORITY TO TRANSFER DEFENSE Defense, with the concurrence of the Sec- ARTICLES AND PROVIDE DEFENSE of all research, prevention, and treatment SERVICES TO THE MILITARY AND SE- retary of State, submits to the appropriate activities undertaken by or for the Executive CURITY FORCES OF AFGHANISTAN committees of Congress notice of the pro- Branch of the Federal Government during AND CERTAIN OTHER COUNTRIES. posed transfer of defense articles and provi- the previous year relating to post-traumatic (a) NONEXCESS ARTICLES AND RELATED sion of defense services. stress disorder. SERVICES.—The Secretary of Defense may, (2) ELEMENTS.—A notice under paragraph (d) PUBLIC AVAILABILITY OF RESEARCH with the concurrence of the Secretary of (1) shall include the following: FINDINGS.—The head of the department or State, transfer nonexcess defense articles (A) A description of the amount and types agency designated under subsection (a) shall from the stocks of the Department of De- of defense articles to be transferred and de- ensure that the findings of all research con- fense, without reimbursement from the gov- fense services to be provided. ducted by or for the Executive Branch relat- ernment of the recipient country, and pro- (B) A statement describing the current ing to post-traumatic stress disorder re- vide defense services in connection with the value of the defense articles to be transferred search, prevention, and treatment activities transfer of such defense articles, as follows: and the estimated replacement value of such are made available to the public through (1) To the military and security forces of articles. peer-reviewed medical journals, the World Afghanistan to support the efforts of those (C) An identification of the element of the Wide Web, and other appropriate media. forces to restore and maintain peace and se- military or security force that is the pro- (e) OUTREACH.—The head of the department curity in that country. posed recipient of the defense articles to be or agency designated under subsection (a) (2) To the military and security forces of transferred and defense service to be pro- shall ensure that appropriate departments Yemen to support the efforts of those forces vided.

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00135 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.002 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15746 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 28, 2012 (D) An identification of the military de- section 644(d) of the Foreign Assistance Act or equipment’’ means features of, or equip- partment from which the defense articles to of 1961 (22 U.S.C. 2403(d)). ment in, a primary residence that help re- be transferred are to be drawn. (3) DEFENSE SERVICES.—The term ‘‘defense duce the amount of electricity used to heat, (E) An assessment of the impact, if any, of services’’ has the meaning given the term in cool, or ventilate such residence, including the transfer of defense articles on the readi- section 644(f) of the Foreign Assistance Act insulation, weatherstripping, air sealing, ness of units from which the defense articles of 1961 (22 U.S.C. 2403(f)). heating system repairs, duct sealing, or are to be transferred, and the plan, if any, (4) MILITARY AND SECURITY FORCES.—The other measures. for mitigating such impact or reimbursing term ‘‘military and security forces’’ means (4) LOW-INCOME VETERAN.—The term ‘‘low- the military department of such units for national armies, national air forces, national income veteran’’ means a veteran whose in- such defense articles. navies, national guard forces, police forces, come does not exceed 80 percent of the me- (F) An assessment of the ability of the re- and border security forces, but does not in- dian income for an area, as determined by cipient government to sustain the costs asso- clude nongovernmental or irregular forces the Secretary. ciated with receiving, possessing, and using (such as private militias). (5) NONPROFIT ORGANIZATION.—The term the defense articles to be transferred. (5) EAST AFRICA REGION.—The term ‘‘East ‘‘nonprofit organization’’ means an organiza- (G) A determination and certification by Africa region’’ means Burundi, Djibouti, tion that is— the Secretary of Defense that— Ethiopia, Kenya, Somalia, and Uganda. (A) described in section 501(c)(3) or (i) the proposed transfer of the defense ar- (h) EXPIRATION.—The authority provided in 501(c)(19) of the Internal Revenue Code of ticles to be transferred and the provision of subsection (a) may not be exercised after De- 1986; and defense services to be provided in connection cember 31, 2014. (B) exempt from tax under section 501(a) of with such transfer is in the national interest (i) EXCESS DEFENSE ARTICLES.— such Code. of the United States; (1) ADDITIONAL AUTHORITY.—The authority (6) PRIMARY RESIDENCE.— (ii) for the transfer of defense articles provided by subsection (a) is in addition to (A) IN GENERAL.—The term ‘‘primary resi- under the authority in subsection (a)(1), such the authority provided by section 516 of the dence’’ means a single family house, a du- defense articles are required by the military Foreign Assistance Act of 1961. plex, or a unit within a multiple-dwelling and security forces of Afghanistan to build (2) EXEMPTIONS.—(A) During fiscal years structure that is an eligible veteran’s prin- their capacity to restore and maintain peace 2013 and 2014, the value of excess defense ar- cipal dwelling and is owned by such veteran and security in that country; ticles transferred from the stocks of the De- or a family member of such veteran. (iii) for the transfer of defense articles and partment of Defense in Afghanistan to Af- (B) FAMILY MEMBER DEFINED.—For purposes provision of defense services under the au- ghanistan, Yemen, Somalia, or other coun- of this paragraph, the term ‘‘family mem- thority in subsection (a)(2), the transfer of tries in the East Africa region pursuant to ber’’ includes— such defense articles and provision of such section 516 of the Foreign Assistance Act of (i) a spouse, child, grandchild, parent, or defense services will contribute significantly 1961 shall not be counted against the limita- sibling; to building key capacities of the military tion on the aggregate value of excess defense (ii) a spouse of such a child, grandchild, and security forces of Yemen required to articles transferred contained in subsection parent, or sibling; or conduct counterterrorism operations and (g) of such section. (iii) any individual related by blood or af- counter al Qaeda in the Arabian Peninsula; (B) During fiscal years 2013 and 2014, any finity whose close association with a veteran and excess defense articles specified in subpara- is the equivalent of a family relationship. (iv) for the transfer of defense articles and graph (A) shall not be subject to the authori- (7) QUALIFIED ORGANIZATION.—The term provision of defense services under the au- ties and limitations applicable to excess de- ‘‘qualified organization’’ means a nonprofit thority in subsection (a)(3), the transfer of fense articles under section 516 of the For- organization that provides nationwide or such defense articles and provision of such eign Assistance Act of 1961 contained in sub- State-wide programs that primarily serve defense services will contribute significantly sections (b)(1)(B) and (e) of such section. veterans or low-income individuals. to building key capabilities of the military (3) CONSTRUCTION EQUIPMENT.—Notwith- (8) SECRETARY.—The term ‘‘Secretary’’ and security forces of the recipient country standing section 644(g) of the Foreign Assist- means the Secretary of Housing and Urban to conduct counterterrorism and postconflict ance Act of 1961 (22 U.S.C. 2403(g)) and sec- Development. stability operations in Somalia. tion 2562 of title 10, United States Code, con- (9) VETERAN.—The term ‘‘veteran’’ has the (f) QUARTERLY REPORTS.— struction equipment from the stocks of the same meaning as given such term in section (1) IN GENERAL.—Not later than 90 days Department of Defense in Afghanistan may 101 of title 38, United States Code. after the date of the first transfer of defense be transferred as excess defense articles (10) VETERANS SERVICE ORGANIZATION.—The articles and provision of defense services under section 516 of the Foreign Assistance term ‘‘veterans service organization’’ means under the authority in subsection (a), and at Act of 1961 and subject to the provisions of any organization recognized by the Sec- the end of each calendar quarter, if any, this subsection. retary of Veterans Affairs for the representa- thereafter through March 31, 2015, in which tion of veterans under section 5902 of title 38, the authority in subsection (a) is exercised, SA 3165. Mr. REED (for himself and United States Code. the Secretary of Defense shall submit to the Mr. JOHANNS) submitted an amendment SEC. 5003. ESTABLISHMENT OF A PILOT PRO- appropriate committees of Congress a report intended to be proposed by him to the GRAM. on the implementation of the authority in bill S. 3254, to authorize appropriations (a) GRANT.— subsection (a). Each report shall include the for fiscal year 2013 for military activi- (1) IN GENERAL.—The Secretary shall estab- replacement value of the defense articles ties of the Department of Defense, for lish a pilot program to award grants to transferred pursuant to subsection (a), both military construction, and for defense qualified organizations to rehabilitate and in the aggregate and by military depart- modify the primary residence of eligible vet- ment, and defense services provided to re- activities of the Department of Energy, erans. cipient countries, during the 90-day period to prescribe military personnel (2) COORDINATION.—The Secretary shall ending on the date of such report. strengths for such fiscal year, and for work in conjunction with the Secretary of (2) INCLUSION IN OTHER REPORT.—A report other purposes; which was ordered to Veterans Affairs to establish and oversee the required under paragraph (1) may be included lie on the table; as follows: pilot program and to ensure that such pro- in the report required under section 9204 of At the end, add the following: gram meets the needs of eligible veterans. the Supplemental Appropriations Act, 2008 (3) MAXIMUM GRANT.—A grant award under (Public Law 110–252; 122 Stat. 2410) or any fol- DIVISION E—HOUSING ASSISTANCE FOR the pilot program to any one qualified orga- low on report to such other report. VETERANS nization shall not exceed $1,000,000 in any (g) DEFINITIONS.—In this section: SEC. 5001. SHORT TITLE. one fiscal year, and such an award shall re- (1) APPROPRIATE COMMITTEES OF CON- This division may be cited as the ‘‘Housing main available until expended by such orga- GRESS.—The term ‘‘appropriate committees Assistance for Veterans Act of 2012’’ or the nization. of Congress’’ means— ‘‘HAVEN Act’’. (b) APPLICATION.— (A) the Committee on Armed Services, the SEC. 5002. DEFINITIONS. (1) IN GENERAL.—Each qualified organiza- Committee on Foreign Relations, and the In this division: tion that desires a grant under the pilot pro- Committee on Appropriations of the Senate; (1) DISABLED.—The term ‘‘disabled’’ means gram shall submit an application to the Sec- and an individual with a disability, as defined by retary at such time, in such manner, and, in (B) the Committee on Armed Services, the section 12102 of title 42, United States Code. addition to the information required under Committee on Foreign Affairs, and the Com- (2) ELIGIBLE VETERAN.—The term ‘‘eligible paragraph (2), accompanied by such informa- mittee on Appropriations of the House of veteran’’ means a disabled or low-income tion as the Secretary may reasonably re- Representatives. veteran. quire. (2) DEFENSE ARTICLES.—The term ‘‘defense (3) ENERGY EFFICIENT FEATURES OR EQUIP- (2) CONTENTS.—Each application submitted articles’’ has the meaning given the term in MENT.—The term ‘‘energy efficient features under paragraph (1) shall include—

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00136 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.002 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15747 (A) a plan of action detailing outreach ini- (ii) an energy audit of such residence indi- SA 3166. Mr. MANCHIN submitted an tiatives; cates that the installation of energy effi- amendment intended to be proposed by (B) the approximate number of veterans cient features or equipment will reduce such him to the bill S. 3254, to authorize ap- the qualified organization intends to serve costs by 10 percent or more; propriations for fiscal year 2013 for using grant funds; (2) in connection with modification and re- (C) a description of the type of work that habilitation services provided under the military activities of the Department will be conducted, such as interior home pilot program, to provide technical, adminis- of Defense, for military construction, modifications, energy efficiency improve- trative, and training support to an affiliate and for defense activities of the De- ments, and other similar categories of work; of a qualified organization receiving a grant partment of Energy, to prescribe mili- and under such pilot program; and tary personnel strengths for such fiscal (D) a plan for working with the Depart- (3) for other purposes as the Secretary may year, and for other purposes; which was ment of Veterans Affairs and veterans serv- prescribe through regulations. ordered to lie on the table; as follows: ice organizations to identify veterans and (e) OVERSIGHT.—The Secretary shall direct At the end of subtitle G of title V, add the serve their needs. the oversight of the grant funds for the pilot following: (3) PREFERENCES.—In awarding grants program so that such funds are used effi- under the pilot program, the Secretary shall ciently until expended to fulfill the purpose SEC. 577. REPORT ON FUTURE OF FAMILY SUP- give preference to a qualified organization— of addressing the adaptive housing needs of PORT PROGRAMS OF THE DEPART- MENT OF DEFENSE. (A) with experience in providing housing eligible veterans. rehabilitation and modification services for (a) REPORT REQUIRED.—Not later than 180 (f) MATCHING FUNDS.— disabled veterans; or days after the date of the enactment of this (1) IN GENERAL.—A qualified organization Act, the Secretary of Defense shall submit to (B) that proposes to provide housing reha- receiving a grant under the pilot program the congressional defense committees a re- bilitation and modification services for eligi- shall contribute towards the housing modi- port on the anticipated future of the family ble veterans who live in rural areas (the Sec- fication and rehabilitation services provided support programs of the Department of De- retary, through regulations, shall define the to eligible veterans an amount equal to not fense during the five-year period beginning term ‘‘rural areas’’). less than 50 percent of the grant award re- on the date of the submittal of the report as (c) CRITERIA.—In order to receive a grant ceived by such organization. award under the pilot program, a qualified end strengths for the Armed Forces are re- (2) IN-KIND CONTRIBUTIONS.—In order to duced and the Armed Forces are drawn down organization shall meet the following cri- meet the requirement under paragraph (1), from combat operations in Afghanistan. teria: such organization may arrange for in-kind (b) ELEMENTS.—The report required by sub- (1) Demonstrate expertise in providing contributions. housing rehabilitation and modification section (a) shall include the following: services for disabled or low-income individ- (g) LIMITATION COST TO THE VETERANS.—A (1) A description of the current family sup- uals for the purpose of making the homes of qualified organization receiving a grant port programs of each of the Armed Forces such individuals accessible, functional, and under the pilot program shall modify or re- and the Department of Defense, including safe for such individuals. habilitate the primary residence of an eligi- the name, scope and intended purpose of (2) Have established outreach initiatives ble veteran at no cost to such veteran (in- each program. that— cluding application fees) or at a cost such (2) An assessment of the current costs of (A) would engage eligible veterans and vet- that such veteran pays no more than 30 per- the family support programs covered by erans service organizations in projects uti- cent of his or her income in housing costs paragraph (1), and an estimate of the costs of lizing grant funds under the pilot program; during any month. anticipated family support programs of the and (h) REPORTS.— Department over the period covered by the (B) identify eligible veterans and their (1) ANNUAL REPORT.—The Secretary shall report. families and enlist veterans involved in submit to Congress, on an annual basis, a re- (3) An assessment of the costs and other skilled trades, such as carpentry, roofing, port that provides, with respect to the year consequences associated with the elimi- plumbing, or HVAC work. for which such report is written— nation or reduction of any current family (3) Have an established nationwide or (A) the number of eligible veterans pro- support programs of the Department over State-wide network of affiliates that are— vided assistance under the pilot program; the period covered by the report. (A) nonprofit organizations; and (B) the socioeconomic characteristics of (4) An assessment by the Secretary of the (B) able to provide housing rehabilitation such veterans, including their gender, age, Army of the Family Readiness Support As- and modification services for eligible vet- race, and ethnicity; sistant program, and a description of any erans. (C) the total number, types, and locations planned or anticipated changes to that pro- (4) Have experience in successfully car- of entities contracted under such program to gram over the period covered by the report. rying out the accountability and reporting administer the grant funding; requirements involved in the proper adminis- (D) the amount of matching funds and in- SA 3167. Mr. LIEBERMAN submitted tration of grant funds, including funds pro- kind contributions raised with each grant; an amendment intended to be proposed vided by private entities or Federal, State, (E) a description of the housing rehabilita- tion and modification services provided, by him to the bill S. 3254, to authorize or local government entities. appropriations for fiscal year 2013 for (d) USE OF FUNDS.—A grant award under costs saved, and actions taken under such the pilot program shall be used— program; military activities of the Department (1) to modify and rehabilitate the primary (F) a description of the outreach initia- of Defense, for military construction, residence of an eligible veteran, and may in- tives implemented by the Secretary to edu- and for defense activities of the De- clude— cate the general public and eligible entities partment of Energy, to prescribe mili- (A) installing wheelchair ramps, widening about such program; tary personnel strengths for such fiscal exterior and interior doors, reconfigurating (G) a description of the outreach initia- year, and for other purposes; which was tives instituted by grant recipients to en- and re-equipping bathrooms (which includes ordered to lie on the table; as follows: installing new fixtures and grab bars), re- gage eligible veterans and veteran service or- moving doorway thresholds, installing spe- ganizations in projects utilizing grant funds At the end of subtitle H of title X, add the cial lighting, adding additional electrical under such program; following: outlets and electrical service, and installing (H) a description of the outreach initia- SEC. 1084. UNITED STATES SECRET SERVICE RE- appropriate floor coverings to— tives instituted by grant recipients to iden- TIREMENT. (i) accommodate the functional limitations tify eligible veterans and their families; and (a) SENSE OF THE SENATE.—It is the sense that result from having a disability; or (I) any other information that the Sec- of the Senate that members of the United (ii) if such residence does not have modi- retary considers relevant in assessing such States Secret Service Division and the fications necessary to reduce the chances program. United States Secret Service Uniformed Di- that an elderly, but not disabled person, will (2) FINAL REPORT.—Not later than 6 months vision hired between January 1, 1984 and De- fall in their home, reduce the risks of such after the completion of the pilot program, cember 31, 1986 were promised that, in part an elderly person from falling; the Secretary shall submit to Congress a re- as a recruitment and retention tool, they (B) rehabilitating such residence that is in port that provides such information that the would be eligible to participate in the Dis- a state of interior or exterior disrepair; and Secretary considers relevant in assessing the trict of Columbia Police and Firefighters Re- (C) installing energy efficient features or pilot program. tirement System. equipment if— (i) AUTHORIZATION OF APPROPRIATIONS.— (b) AUTHORITY OF CERTAIN MEMBERS OF (i) an eligible veteran’s monthly utility There are authorized to be appropriated for UNITED STATES SECRET SERVICE TO ELECT costs for such residence is more than 5 per- carrying out this division $4,000,000 for each COVERAGE UNDER DISTRICT OF COLUMBIA PO- cent of such veteran’s monthly income; and of fiscal years 2013 through 2017. LICE AND FIREFIGHTER RETIREMENT SYSTEM.—

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(1) IN GENERAL.—Subsection (b) of the Po- ployee may execute an election under this accordance with subparagraph (A) of such licemen and Firemen’s Retirement and Dis- paragraph to have paragraph (1) of sub- subsection (b)(2). ability Act (sec. 5–703, D.C. Official Code) is section (b) of the Policemen and Firemen’s (d) TREATMENT OF REEMPLOYED ANNU- amended— Retirement and Disability Act (sec. 5–703, ITANTS.— (A) by striking ‘‘Whenever any member’’ D.C. Official Code) apply with respect to the (1) IN GENERAL.—For purposes of section and inserting ‘‘(1) IN GENERAL.—Whenever covered employee. 8468 of title 5, United States Code, a covered any member’’; and (B) NOTIFICATION OF TRANSITION COST.—Not employee (as defined in subsection (c)(2)) (B) by adding at the end the following new later than 15 days after determining the who is receiving benefits under the Police- paragraph: amount of the transition cost associated men and Firemen’s Retirement and Dis- ‘‘(2) COVERAGE OF CERTAIN OTHER EMPLOY- with the application of paragraph (1) of sub- ability Act pursuant to an election made EES OF SECRET SERVICE.— section (b) of the Policemen and Firemen’s under subsection (b)(2) shall be deemed to be ‘‘(A) IN GENERAL.—Paragraph (1) shall Retirement and Disability Act (sec. 5–703, an annuitant, as defined under section 8401 of apply with respect to a covered employee in D.C. Official Code) to a covered employee (in title 5, United States Code. the same manner as such paragraph applies accordance with paragraph (3)), the Director (2) REGULATIONS.—The Director of the Of- to an individual who is authorized to make a of the United States Secret Service shall no- fice of Personnel Management shall pre- transfer of funds under such paragraph, but tify the covered employee of such transition scribe any regulations necessary to carry out only if— cost. this subsection, including regulations under ‘‘(i) not later than 60 days after receiving (3) TRANSITION COST.— which an employing agency shall accept the notification of the transition cost associated (A) DETERMINATION OF AMOUNT.—The tran- certification of the appropriate official of with the application of paragraph (1) to the sition cost associated with the application of the government of the District of Columbia covered employee (as provided under section paragraph (1) of subsection (b) of the Police- regarding the amount of retirement benefits 1084(b)(2)(B) of the National Defense Author- men and Firemen’s Retirement and Dis- being paid to a covered District of Columbia ization Act for Fiscal Year 2013), the covered ability Act to a covered employee is the retiree for a period during which such retiree employee provides a notification to the Di- amount by which— is employed in an appointive or elective posi- rector of the United States Secret Service (i) the estimated present value of the pay- tion with the agency. containing such information and assurances ments which would be payable by the Fed- as the Director may require; and eral Government to the District of Columbia SA 3168. Mr. NELSON of Nebraska ‘‘(ii) on or before the date the covered em- with respect to such employee during the 11- (for himself and Mr. KIRK) submitted ployee provides a notification under clause fiscal year period beginning with the fiscal an amendment intended to be proposed (i), the employee makes a lump sum pay- year in which this Act is enacted if such by him to the bill S. 3254, to authorize ment in an amount equal to the transition paragraph applies with respect to the cov- appropriations for fiscal year 2013 for cost associated with the application of para- ered employee, exceeds graph (1) to the covered employee, deter- (ii) the estimated present value of the ben- military activities of the Department mined in accordance with section 1084(b)(3) efits which would be payable from the Civil of Defense, for military construction, of the National Defense Authorization Act Service Retirement and Disability Fund with and for defense activities of the De- for Fiscal Year 2013, for deposit into the Con- respect to such employee during the 11-year partment of Energy, to prescribe mili- tributions for Annuity Benefits, United period described in clause (i) if such para- tary personnel strengths for such fiscal States Secret Service appropriations ac- graph does not apply with respect to the cov- year, and for other purposes; which was count of the Department of Homeland Secu- ered employee. ordered to lie on the table; as follows: rity. (B) DETERMINATION.— At the end of title XXXI, add the fol- ‘‘(B) ADJUSTMENT TO REFLECT SOCIAL SECU- (i) IN GENERAL.—Not later than 60 days lowing: RITY CONTRIBUTIONS AND BENEFITS.—In the after the date of enactment of this Act, the case of a covered employee who authorizes a Office of Pay and Retirement Services of the Subtitle D—Other Matters transfer of funds under paragraph (1), such District of Columbia shall determine the SEC. 3141. SENSE OF CONGRESS ON OVERSIGHT covered employee shall be subject to the transition cost with respect to each covered OF THE NUCLEAR SECURITY ENTER- same deductions and shall be entitled to the employee, by applying such assumptions and PRISE. same benefits as provided for under para- other methodologies as the Office of Pay and (a) FINDINGS.—Congress makes the fol- graph (1), subject to offset in accordance Retirement Services of the District of Co- lowing findings: with section 103(e) of Public Law 100–238 (5 lumbia considers appropriate, consistent (1) In 2000, the National Nuclear Security U.S.C. 8334 note). with generally accepted actuarial practices Administration was established as an inde- ‘‘(C) COVERED EMPLOYEE DEFINED.—In this and standards. pendent entity within the Department of En- paragraph, the term ‘covered employee’ (ii) ADDITIONAL RESOURCES.— ergy to manage and secure the nuclear weap- means an individual who— (I) IN GENERAL.—The Office of Pay and Re- ons stockpile of the United States and to ‘‘(i) was appointed during 1984, 1985, or tirement Services of the District of Colum- manage nuclear nonproliferation and naval 1986— bia may enter into contracts as necessary to reactor programs. ‘‘(I) as a member of the United States Se- enable that Office to carry out activities (2) Serious security and health incidents cret Service Uniformed Division as defined under this subparagraph. continue to occur at sites of the National under section 10201(1) of title 5, United (II) AUTHORIZATION OF APPROPRIATIONS.— Nuclear Security Administration. States Code; or There are authorized to be appropriated not (3) In September 2012, an official of the ‘‘(II) to the United States Secret Service as to exceed $75,000 to carry out this subpara- Government Accountability Office testified a criminal investigator as defined under sec- graph. to Congress that lax laboratory attitudes to- tion 5545a(a)(2) of title 5, United States Code; (4) DEFINITION.—In paragraphs (2) and (3), ward safety procedures, laboratory inadequa- ‘‘(ii) has actively performed duties other the term ‘‘covered employee’’ means an indi- cies in identifying and addressing safety than clerical for 10 or more years directly re- vidual described in paragraph (2) of sub- problems with appropriate corrective ac- lated to the protection mission of the United section (b) of the Policemen and Firemen’s tions, and inadequate oversight by site of- States Secret Service described under sec- Retirement and Disability Act (sec. 5–703, fices of the National Nuclear Security Ad- tion 3056 of title 18, United States Code; D.C. Official Code), as added by paragraph ministration were responsible for nearly 100 ‘‘(iii) is serving as an officer or member of (1). safety incidents since 2000. the United States Secret Service Uniformed (c) FORFEITURE OF EMPLOYER CONTRIBU- (4) On July 28, 2012, three unarmed individ- Division as defined under section 10201(1) of TIONS FOR THRIFT SAVINGS PLAN.— uals compromised security at the Y–12 Na- title 5, United States Code, or is employed by (1) IN GENERAL.—A covered employee shall tional Security Complex in Oak Ridge, Ten- the United States Secret Service as a crimi- forfeit all contributions to the Thrift Sav- nessee, and according to the Government Ac- nal investigator as defined under section ings Fund made by an employing agency pur- countability Office, ‘‘gained access to the 5545a(a)(2) of title 5, United States Code; and suant to section 8432(c) of title 5, United protected security area directly adjacent to ‘‘(iv) is covered under the Federal Employ- States Code, for the benefit of the covered one of the nation’s most critically important ees’ Retirement System under chapter 84 of employee before the effective date of the nuclear weapons-related facilities’’. title 5, United States Code, on the date of en- election made by the employee under sub- (5) In June 2006, hackers attacked an un- actment of this paragraph.’’. section (b)(2) of this section. classified computer system at the National (2) NOTIFICATIONS.— (2) DEFINITION.—In this subsection, the Nuclear Security Administration’s Service (A) INITIAL NOTIFICATION BY SECRET SERV- term ‘‘covered employee’’ means an indi- Center in Albuquerque, New Mexico, and ICE.—Not later than 30 days after the date of vidual described in subparagraph (C) of sub- gained access to a file containing the names the enactment of this Act, the Director of section (b)(2) of the Policemen and Firemen’s and social security numbers of more than the United States Secret Service shall notify Retirement and Disability Act, as added by 1,500 employees of the National Nuclear Se- each covered employee that the covered em- this section, who provides a notification in curity Administration.

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00138 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.002 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15749 (6) As early as February 2005, the Inspector ammunition to determine each of the fol- the Director of the National Science Founda- General of the Department of Energy identi- lowing: tion, the Administrator of the National Aer- fied problems with the retrieval of badges (A) A comparative evaluation of the cur- onautics and Space Administration, the Ad- from terminated employees at Los Alamos rent military small arms in use by United ministrator of the National Oceanic and At- National Laboratory and other sites of the States general purpose and special oper- mospheric Administration, and the heads of National Nuclear Security Administration. ations forces, allied foreign militaries, and other appropriate scientific agencies of the (7) In 2004, a pattern of safety and security those potential candidate small arms not Federal Government, develop a plan to en- incidents that occurred over the course of a necessarily in use militarily but available sure such departments and agencies are ef- year prompted the stand-down of Los Alamos commercially. fectively coordinating on matters relating to National Laboratory. (B) An assessment of the Department of research and development and have the (8) The National Nuclear Security Admin- Defense’s current plans to modernize its means to more efficiently cross-check grant istration, independent of the safety and secu- small arms capabilities. applications and recipients to identify and rity reform efforts of the Department of En- (C) A comparative evaluation of the prevent unnecessary duplication in such ergy, has launched an overhaul of its con- Army’s standard small arms ammunition matters. The plan shall take into consider- tracting oversight, placing an emphasis on with other small arms ammunition alter- ation the recommendations made by the contractor self-policing through an untested natives. Government Accountability Office in the re- ‘‘contractor assurance’’ approach. (2) FACTORS TO CONSIDER.—The study re- port entitled ‘‘2012 Annual Report: Opportu- (9) The Government Accountability Office quired under subsection (a) shall take into nities to Reduce Duplication, Overlap and has given the contractor administration and consideration the following factors: Fragmentation, Achieve Savings, and En- project management capabilities of the Na- (A) Current and future operating environ- hance Revenue’’ (GAO–12–342SP). The plan tional Nuclear Security Administration a ments as specified or referred to in Depart- shall include specific objectives, actions, and ‘‘high risk’’ designation and found there to ment of Defense strategic guidance and plan- schedules. be insufficient qualified Federal acquisition ning documents. (2) PLAN FOR REDUCTION IN CERTAIN MEDICAL professionals to ‘‘plan, direct, and oversee (B) Modifications and improvements re- RESEARCH.—Not later than 300 days after the project execution’’. cently applied to United States general pur- date of the enactment of this Act, the Sec- (b) SENSE OF CONGRESS.—It is the sense of pose and special operations forces small retary of Defense shall, in coordination with Congress that— arms as well as their potential for continued the Secretary of Veterans Affairs and the (1) there is a need for strong, independent modification and improvement. Secretary of Health and Human Services, oversight of the United States nuclear secu- (C) Industrial base impacts. submit to Congress a plan to eliminate un- rity enterprise; (3) ACCESS TO INFORMATION.—The Secretary necessary duplication in the research being (2) any attempt to reform oversight of the of Defense and the Secretary of the Army conducted by the Congressionally Directed nuclear security enterprise that transfers shall ensure that the Federally Funded Re- Medical Research Program of the Depart- oversight from the Department of Energy to search and Development Center conducting ment of Defense by transferring research the National Nuclear Security Administra- the study required under subsection (a) has that is not directly related to military serv- tion, reduces protections for worker health access to all necessary data, records, anal- ice to another appropriate department or and safety at facilities of the National Nu- ysis, personnel, and other resources nec- agency of the Federal Government. The plan clear Security Administration to levels essary to complete the study. shall include such recommendations for leg- below the standards of the Department of (b) REPORT.— islative and administrative action as the Energy, or transfers construction appropria- (1) IN GENERAL.—Not later than September Secretaries consider appropriate to imple- tions for the nuclear security enterprise 30, 2013, the Secretary of Defense shall sub- ment the plan. from the Department of Energy appropria- mit to the congressional defense committees (b) ENHANCEMENT OF TRANSPARENCY.— tion account to the military construction a report containing the results of the study (1) IN GENERAL.—Not later than 180 days appropriation account, should be rejected; conducted under subsection (a), together after the date of the enactment of this Act, (3) the Office of Health, Safety, and Secu- with the comments of the Secretary of De- the Secretary of Defense shall, in consulta- rity of the Department of Energy, which re- fense on the findings contained in the study. tion with the Director of the Office of Man- ports to the Secretary of Energy but is also (2) CLASSIFIED ANNEX.—The report shall be agement and Budget, develop guidance to en- accountable for routinely reporting to Con- in unclassified form, but may contain a clas- sure that— gress on the performance with respect to sified annex. (A) the Department of Defense and the safety and security of the Department, in- (c) DEFINITIONS.—In this section: components of the Department are reporting cluding the National Nuclear Security Ad- (1) The term ‘‘small arms’’ means firearms information required by the Federal Funding ministration, and the role of that Office in up to but not including .50 caliber and shot- Accountability and Transparency Act of 2006 overseeing safety and security at the Na- guns. (Public Law 109–282; 31 U.S.C. 6101 note) re- tional Nuclear Security Administration, (2) The term ‘‘small arms ammunition’’ garding recipients of grants, contracts, or should not be diminished; and means ammunition or ordnance for firearms other forms of Federal financial assistance (4) any future modifications to the man- up to but not including .50 caliber and shot- provided by the Department of Defense using agement or structure of the nuclear security guns. covered research, development, test, and enterprise should be done in a way that evaluation funds; and maintains or increases oversight of critical SA 3170. Mr. COBURN submitted an (B) such information is posted in a timely construction, security, and acquisition capa- amendment intended to be proposed by manner on the Internet website of the Office bilities. him to the bill S. 3254, to authorize ap- of Management and Budget available to the propriations for fiscal year 2013 for public. SA 3169. Mr. COBURN submitted an military activities of the Department (2) ADDITIONAL INTERNET WEBSITE.—Not amendment intended to be proposed by of Defense, for military construction, later than 300 days after the date of the en- him to the bill S. 3254, to authorize ap- and for defense activities of the De- actment of this Act, the Secretary of De- propriations for fiscal year 2013 for fense, shall develop a searchable Internet partment of Energy, to prescribe mili- military activities of the Department website available to the public that lists tary personnel strengths for such fiscal of Defense, for military construction, grants awarded by the Department using year, and for other purposes; which was and for defense activities of the De- covered research, development, test, and ordered to lie on the table; as follows: evaluation funds. The information posted on partment of Energy, to prescribe mili- the website regarding a grant shall include tary personnel strengths for such fiscal At the end of subtitle B of title II, add the following: the following: year, and for other purposes; which was SEC. 216. ENHANCEMENTS OF THE RESEARCH (A) The name and location of the recipient ordered to lie on the table; as follows: AND DEVELOPMENT CONDUCTED BY of the grant. At the end of subtitle E of title VIII, add THE DEPARTMENT OF DEFENSE. (B) The total amount of the grant, and the the following: (a) REDUCTION OF DUPLICATION.— amount of the grant to be disbursed by year SEC. 888. STUDY ON ARMY SMALL ARMS AND AM- (1) PLAN FOR REDUCTION OF UNNECESSARY in the case of a multi-year grant. MUNITION ACQUISITION. DUPLICATION.—Not later than 180 days after (C) The duration of the grant. (a) STUDY.— the date of the enactment of this Act, the (D) The purpose of the grant. (1) IN GENERAL.—Not later than 30 days Secretary of Defense shall, in consultation (3) COVERED RESEARCH, DEVELOPMENT, TEST, after the date of the enactment of this Act, with the Director of the Office of Manage- AND EVALUATION FUNDS DEFINED.—In this sub- the Secretary of Defense shall enter into a ment and Budget, the Secretary of Veterans section, the term ‘‘covered research, develop- contract with a Federally Funded Research Affairs, the Secretary of Energy, the Sec- ment, test, and evaluation funds’’ means and Development Center to conduct a study retary of Health and Human Services, the amounts authorized to be appropriated for on the Army’s acquisition of small arms and Director of the National Institutes of Health, the Department of Defense for a fiscal year

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00139 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.002 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15750 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 28, 2012 after fiscal year 2013 for research, develop- of Defense, for military construction, (A) A full description of the current tech- ment, test, and evaluation. and for defense activities of the De- nical assistance democracy programs con- (c) PRIORITY IN DEFENSE RESEARCH FOR NA- partment of Energy, to prescribe mili- ducted by the Department of State and TIONAL SECURITY AND CARE OF WOUNDED tary personnel strengths for such fiscal United States Agency for International De- WARRIORS.— velopment to support the political opposi- (1) LIMITATION ON AVAILABILITY OF CERTAIN year, and for other purposes; which was tion in Syria. AMOUNTS.—Notwithstanding any other provi- ordered to lie on the table; as follows: (B) A full summary of the communications sion of this Act, amounts authorized to be At the end of subtitle C of title XII, add equipment that is currently being provided appropriated for fiscal year 2013 for the De- the following: to the political opposition in Syria, includ- partment of Defense by this title for re- SEC. 1233. REPORTS ON SYRIA. ing a description of the entities that have re- search, development, test, and evaluation (a) REPORT ON OPPOSITION GROUPS.— ceived and that will continue to receive such may be obligated and expended only on pro- (1) IN GENERAL.—Not later than 15 days equipment. grams, projects, and initiatives directly re- after the date of the enactment of this Act, (C) A description of any additional activi- lated to defense activities, such as devel- the President shall submit to Congress a re- ties the United States plans to undertake in oping new technologies for the future force, port describing in detail all the known oppo- support of the political opposition in Syria. combating terrorism and other emerging sition groups, both independent and state- (D) A description of the funding levels cur- threats, increasing military combat capabili- sponsored, inside and outside of Syria, oper- rently dedicated to support the political op- ties, and improving care, protection, and the ating directly or indirectly to oppose the position in Syria. health and well-being of members of the Government of Syria. (d) FORM.—The reports required by this section may be submitted in a classified Armed Forces. (2) CONTENT.—The report required under form, but shall include an unclassified sum- (2) FOREIGN COMPARATIVE TESTING PRO- paragraph (1) shall include the following ele- mary. GRAM.— ments: (A) IN GENERAL.—The Foreign Comparative (A) An assessment of the current military Testing (FCT) program shall support the SA 3173. Mr. COBURN submitted an capacity of opposition forces. amendment intended to be proposed by testing of technologies, products, and other (B) An assessment of the ability of opposi- items with a high Technology Readiness tion forces inside and outside of Syria to es- him to the bill S. 3254, to authorize ap- Level that could fill gaps in mission require- tablish military and political activities im- propriations for fiscal year 2013 for ments. pacting Syria, together with a practicable military activities of the Department (B) LIMITATION ON AVAILABILITY OF timetable for accomplishing these objec- of Defense, for military construction, FUNDS.—No funds authorized to be appro- tives. and for defense activities of the De- priated by this Act for the Foreign Compara- (C) An assessment of the ability of any of partment of Energy, to prescribe mili- tive Testing program may be obligated or ex- the opposition groups to establish effective tary personnel strengths for such fiscal pended to develop products or technologies military and political control in Syria. year, and for other purposes; which was (such as beef jerky or the osmotic dehydra- (D) A description of the composition and ordered to lie on the table; as follows: tion process) not related to weaponry, com- political agenda of each of the known opposi- At the end of subtitle B of title II, add the bat systems, or improving the care of or pro- tion groups inside and outside of Syria, and following: tecting the health and well-being of mem- an assessment of the degree to which such bers of the Armed Forces. groups represent the views of the people of SEC. 216. ENHANCEMENTS OF THE RESEARCH AND DEVELOPMENT CONDUCTED BY (d) WAIVER.—The Secretary of Defense may Syria as a whole. waive any requirement of this section if the THE DEPARTMENT OF DEFENSE. (E) A description of the financial resources (a) REDUCTION OF DUPLICATION.— Secretary certifies to the congressional de- currently available to opposition groups and (1) PLAN FOR REDUCTION OF UNNECESSARY fense committees in writing that the waiver known potential sources of continued financ- DUPLICATION.—Not later than 180 days after is in the national security interests of the ing. the date of the enactment of this Act, the United States and includes with such certifi- (F) An assessment of the relationship be- Secretary of Defense shall, in consultation cation a justification for the waiver. tween each of the Syrian opposition groups with the Director of the Office of Manage- and the Muslim Brotherhood, al Qaeda, SA 3171. Mr. HATCH (for himself, Mr. ment and Budget, the Secretary of Veterans Hezbollah, Hamas, and any other groups that Affairs, the Secretary of Energy, the Sec- ROBERTS, Mr. CHAMBLISS, Mr. BAR- have promoted an agenda that would nega- retary of Health and Human Services, the RASSO, Mr. INHOFE, Mr. WICKER, Mr. tively impact United States national inter- Director of the National Institutes of Health, LEE, Mr. COBURN, Mr. RISCH, and Mr. ests. the Director of the National Science Founda- RUBIO) submitted an amendment in- (G) An assessment of whether active sup- tion, the Administrator of the National Aer- tended to be proposed by him to the port from the United States to opposition onautics and Space Administration, the Ad- bill S. 3254, to authorize appropriations forces would have a positive or negative im- ministrator of the National Oceanic and At- for fiscal year 2013 for military activi- pact on the factors discussed in subpara- mospheric Administration, and the heads of graphs (A) through (F). ties of the Department of Defense, for other appropriate scientific agencies of the (b) REPORT ON WEAPONS STOCKPILES.— Federal Government, develop a plan to en- military construction, and for defense (1) IN GENERAL.—Not later than 30 days sure such departments and agencies are ef- activities of the Department of Energy, after the date of the enactment of this Act, fectively coordinating on matters relating to to prescribe military personnel the President shall submit to Congress an as- research and development and have the strengths for such fiscal year, and for sessment of the size and security of conven- means to more efficiently cross-check grant other purposes; which was ordered to tional and non-conventional weapons stock- applications and recipients to identify and lie on the table; as follows: piles in Syria. prevent unnecessary duplication in such (2) CONTENT.—The report required under matters. The plan shall take into consider- At the end of subtitle D of title XII, add paragraph (1) shall include the following ele- ation the recommendations made by the the following: ments: Government Accountability Office in the re- SEC. 1246. STATUS OF PALESTINIAN MISSION TO (A) A description of who has or may have port entitled ‘‘2012 Annual Report: Opportu- UNITED NATIONS. access to the stockpiles. nities to Reduce Duplication, Overlap and No amounts may be appropriated or other- (B) A description of the sources and types Fragmentation, Achieve Savings, and En- wise made available for contributions to the of weapons flowing from outside Syria to hance Revenue’’ (GAO–12–342SP). The plan United Nations if the Security Council or both government and opposition forces. shall include specific objectives, actions, and General Assembly of the United Nations (C) A detailed plan to prevent the pro- schedules. grants Palestine, the Palestinian Liberation liferation of conventional, biological, chem- (2) PLAN FOR REDUCTION IN CERTAIN MEDICAL Organization, or the state of Palestine a ical, and other types of weapons in Syria. RESEARCH.—Not later than 300 days after the change in United Nations status from a per- (c) REPORT ON CURRENT ACTIVITIES AND FU- date of the enactment of this Act, the Sec- manent observer ‘‘entity’’ before the Sec- TURE PLANS TO PROVIDE ASSISTANCE TO retary of Defense shall, in coordination with retary of State certifies to Congress that a SYRIA’S POLITICAL OPPOSITION.— the Secretary of Veterans Affairs and the comprehensive peace agreement has been (1) IN GENERAL.—Not later than 30 days Secretary of Health and Human Services, reached with the sovereign state of Israel. after the date of the enactment of this Act, submit to Congress a plan to eliminate un- Mr. CORKER submitted an the President shall submit to Congress a re- necessary duplication in the research being SA 3172. port on all the support provided to opposi- conducted by the Congressionally Directed amendment intended to be proposed by tion political forces in Syria. Medical Research Program of the Depart- him to the bill S. 3254, to authorize ap- (2) CONTENT.—The report required under ment of Defense by transferring research propriations for fiscal year 2013 for paragraph (1) shall include the following ele- that is not directly related to military serv- military activities of the Department ments: ice to another appropriate department or

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00140 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.002 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15751 agency of the Federal Government. The plan bat systems, or improving the care of or pro- to the Navy until the later of the following shall include such recommendations for leg- tecting the health and well-being of mem- dates: islative and administrative action as the bers of the Armed Forces. (1) The date of the enactment of the Na- Secretaries consider appropriate to imple- (d) WAIVER.—The Secretary of Defense may tional Defense Authorization Act for Fiscal ment the plan. waive any requirement of this section if the Year 2014. (b) ENHANCEMENT OF TRANSPARENCY.— Secretary certifies to the congressional de- (2) September 30, 2013. (1) IN GENERAL.—Not later than 180 days fense committees in writing that the waiver after the date of the enactment of this Act, is in the national security interests of the SA 3176. Mr. RUBIO submitted an the Secretary of Defense shall, in consulta- United States and includes with such certifi- amendment intended to be proposed by tion with the Director of the Office of Man- cation a justification for the waiver. him to the bill S. 3254, to authorize ap- agement and Budget, develop guidance to en- sure that— SA 3174. Ms. MURKOWSKI submitted propriations for fiscal year 2013 for (A) the Department of Defense and the an amendment intended to be proposed military activities of the Department components of the Department are reporting by her to the bill S. 3254, to authorize of Defense, for military construction, information required by the Federal Funding appropriations for fiscal year 2013 for and for defense activities of the De- Accountability and Transparency Act of 2006 military activities of the Department partment of Energy, to prescribe mili- (Public Law 109–282; 31 U.S.C. 6101 note) re- tary personnel strengths for such fiscal garding recipients of grants, contracts, or of Defense, for military construction, and for defense activities of the De- year, and for other purposes; which was other forms of Federal financial assistance ordered to lie on the table; as follows: provided by the Department of Defense using partment of Energy, to prescribe mili- covered research, development, test, and tary personnel strengths for such fiscal At the end of title XXVII, add the fol- evaluation funds; and year, and for other purposes; which was lowing: (B) such information is posted in a timely ordered to lie on the table; as follows: SEC. 2705. REPORT ON COLLOCATION OF AIR manner on the Internet website of the Office FORCE MATERIEL COMMAND ORGA- At the end of subtitle H of title X, add the of Management and Budget available to the NIZATIONS. following: public. (a) IN GENERAL.—Not later than 180 days SEC. 1084. ELIGIBILITY FOR INTERMENT IN NA- (2) ADDITIONAL INTERNET WEBSITE.—Not after the date of the enactment of this Act, TIONAL CEMETERIES. later than 300 days after the date of the en- the Secretary of Defense shall submit to the (a) IN GENERAL.—Section 2402(a) of title 38, actment of this Act, the Secretary of De- congressional defense committees a report United States Code, is amended by adding at fense, shall develop a searchable Internet on the collocation of Air Force Materiel the end the following new paragraph: website available to the public that lists Command organizations. ‘‘(10) Any individual who— grants awarded by the Department using (b) CONTENT.—The report required under ‘‘(A) the Secretary determines served in covered research, development, test, and subsection (a) shall include the following ele- combat support of the Armed Forces (includ- evaluation funds. The information posted on ments: ing combat support involving any covert ac- the website regarding a grant shall include (1) An assessment of the efficiencies and ef- tion of the United States, as defined in sec- the following: fectiveness associated with the collocation tion 503(e) of the National Security Act of (A) The name and location of the recipient of Air Force Material Command organiza- 1947 (50 U.S.C. 413b)) in the Kingdom of Laos of the grant. tions. during the period beginning on February 28, (B) The total amount of the grant, and the (2) An assessment of the organizational 1961, and ending on May 15, 1975; and amount of the grant to be disbursed by year construct to determine how institutional ‘‘(B) at the time of the individual’s death in the case of a multi-year grant. synergies that were previously available in a was a citizen of the United States or an alien (C) The duration of the grant. collocated center can be replicated in the lawfully admitted for permanent residence (D) The purpose of the grant. new Air Force Material Command Center re- in the United States.’’. (3) COVERED RESEARCH, DEVELOPMENT, TEST, organization, including an assessment of the (b) EFFECTIVE DATE.—The amendment AND EVALUATION FUNDS DEFINED.—In this sub- made by subsection (a) shall apply with re- following Air Force Material Command capa- section, the term ‘‘covered research, develop- bilities: ment, test, and evaluation funds’’ means spect to an individual dying on or after the date of the enactment of this Act. (A) Science and Technology, Acquisition. amounts authorized to be appropriated for (B) Developmental Test and Evaluation. the Department of Defense for a fiscal year SA 3175. Mr. RUBIO submitted an (C) Operational Test and Evaluation. after fiscal year 2013 for research, develop- (D) Follow-on Operational Test and Eval- ment, test, and evaluation. amendment intended to be proposed by uation. (c) PRIORITY IN DEFENSE RESEARCH FOR NA- him to the bill S. 3254, to authorize ap- (3) An assessment of synergistic effi- TIONAL SECURITY AND CARE OF WOUNDED propriations for fiscal year 2013 for ciencies associated with capabilities of collo- WARRIORS.— military activities of the Department cated organizations of other commands re- (1) LIMITATION ON AVAILABILITY OF CERTAIN of Defense, for military construction, sponsible for initial and follow-on test and AMOUNTS.—Notwithstanding any other provi- and for defense activities of the De- evaluation of systems. sion of this Act, amounts authorized to be partment of Energy, to prescribe mili- (4) An assessment of how the Air Force re- appropriated for fiscal year 2013 for the De- tary personnel strengths for such fiscal organization of Air Force Material Command partment of Defense by this title for re- is in adherence with section 2687 of title 10, search, development, test, and evaluation year, and for other purposes; which was United States Code. may be obligated and expended only on pro- ordered to lie on the table; as follows: (5) An analysis of the extent to which the grams, projects, and initiatives directly re- At the end of subtitle E of title III, add the proposed changes in the Air Force manage- lated to defense activities, such as devel- following: ment structure were coordinated with the oping new technologies for the future force, SEC. 344. LIMITATION ON AVAILABILITY OF Office of the Secretary of Defense and the Di- combating terrorism and other emerging FUNDS FOR RETIREMENT OR INAC- rector, Test Resource Management Center threats, increasing military combat capabili- TIVATION OF TICONDEROGA CLASS and the degree to which their concerns, if ties, and improving care, protection, and the CRUISERS OR DOCK LANDING SHIPS. any, were addressed in the approach selected health and well-being of members of the (a) LIMITATION.—Except as provided by sub- by the Air Force. Armed Forces. section (b), none of the funds authorized to (2) FOREIGN COMPARATIVE TESTING PRO- be appropriated by this Act or otherwise SA 3177. Mr. RUBIO submitted an GRAM.— made available for fiscal year 2013 for the amendment intended to be proposed by (A) IN GENERAL.—The Foreign Comparative Department of Defense may be obligated or Testing (FCT) program shall support the expended to retire, prepare to retire, inac- him to the bill S. 3254, to authorize ap- testing of technologies, products, and other tivate, or place in storage a cruiser or dock propriations for fiscal year 2013 for items with a high Technology Readiness landing ship. military activities of the Department Level that could fill gaps in mission require- (b) EXCEPTION.—Notwithstanding sub- of Defense, for military construction, ments. section (a), the U.S.S. Port Royal, CG 73, is and for defense activities of the De- (B) LIMITATION ON AVAILABILITY OF authorized for retirement. partment of Energy, to prescribe mili- FUNDS.—No funds authorized to be appro- (c) MAINTAINED LEVELS.—The Secretary of tary personnel strengths for such fiscal priated by this Act for the Foreign Compara- the Navy, in supporting the operational re- year, and for other purposes; which was tive Testing program may be obligated or ex- quirements of the combatant commands, pended to develop products or technologies shall maintain the operational capability ordered to lie on the table; as follows: (such as beef jerky or the osmotic dehydra- and perform the necessary maintenance of At the end of title XXVII, add the fol- tion process) not related to weaponry, com- each cruiser and dock landing ship belonging lowing:

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00141 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.002 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15752 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 28, 2012 SEC. 2705. AIR ARMAMENT CENTER, EGLIN AIR based on national security and foreign policy At the appropriate place, insert the fol- FORCE BASE, FLORIDA. objectives from the jurisdiction of the Inter- lowing: The Secretary of the Air Force shall retain national Traffic in Arms Regulations (22 SEC. ll. SCIENTIFIC FRAMEWORK FOR RECAL- an Air Armament Center at Eglin Air Force CFR part 120 et seq.) to the Export Adminis- CITRANT CANCERS. Base, Florida, in name and function, with tration Regulations (15 CFR part 730 et seq.), Subpart 1 of part C of title IV of the Public the same integrated mission elements, re- consistent with the procedures in section Health Service Act (42 U.S.C. 285 et seq.) is sponsibilities, and capabilities as existed 38(f) of the Arms Export Control Act (22 amended by adding at the end the following: upon the completion of implementation of U.S.C. 2778(f)). the recommendations of the 2005 Base Clo- SEC. 1093. PROHIBITION ON TRANSFERS TO THE ‘‘SEC. 417G. SCIENTIFIC FRAMEWORK FOR RE- sure and Realignment Commission regarding PEOPLE’S REPUBLIC OF CHINA. CALCITRANT CANCERS. such military installation contained in the No satellite or related item made subject ‘‘(a) DEVELOPMENT OF SCIENTIFIC FRAME- report transmitted by the President to Con- to the jurisdiction of the Export Administra- WORK.— gress in accordance with section 2914(e) of tion Regulations pursuant to section 1092 ‘‘(1) IN GENERAL.—For each recalcitrant the Defense Base Closure and Realignment may be transferred, directly or indirectly, to cancer identified under subsection (b), the Act of 1990 (part A of title XXIX of Public the Government of the People’s Republic of Director of the Institute shall develop (in ac- Law 101–510; 10 U.S.C. 2687 note), until such China or any entity or person in or acting for cordance with subsection (c)) a scientific time as such integrated mission elements, or on behalf of the People’s Republic of framework for the conduct or support of re- responsibilities, and capabilities are modi- China or launched in the People’s Republic search on such cancer. fied pursuant to section 2687 of title 10, of China or as part of a launch vehicle ‘‘(2) CONTENTS.—The scientific framework United States Code, or a subsequent law pro- owned, operated, or manufactured by the with respect to a recalcitrant cancer shall viding for the closure or realignment of mili- Government of the People’s Republic of include the following: tary installations in the United States. China. ‘‘(A) CURRENT STATUS.— SEC. 1094. PROHIBITION ON TRANSFERS TO ‘‘(i) REVIEW OF LITERATURE.—A summary of SA 3178. Mrs. HUTCHISON submitted STATE SPONSORS OF TERRORISM findings from the current literature in the an amendment intended to be proposed AND NORTH KOREA. areas of— by her to the bill S. 3254, to authorize No satellite or related item made subject ‘‘(I) the prevention, diagnosis, and treat- appropriations for fiscal year 2013 for to the jurisdiction of the Export Administra- ment of such cancer; military activities of the Department tion Regulations pursuant to section 1092 ‘‘(II) the fundamental biologic processes may be transferred, directly or indirectly, of Defense, for military construction, that regulate such cancer (including similar- to— ities and differences of such processes from and for defense activities of the De- (1) North Korea, Cuba, Iran, Sudan, Syria, the biological processes that regulate other partment of Energy, to prescribe mili- or any country that is designated by the Sec- cancers); and tary personnel strengths for such fiscal retary of State as supporting international ‘‘(III) the epidemiology of such cancer. year, and for other purposes; which was terrorism under section 6 of the Export Ad- ‘‘(ii) SCIENTIFIC ADVANCES.—The identifica- ordered to lie on the table; as follows: ministration Act (50 U.S.C. App. 2405(j) (as tion of relevant emerging scientific areas continued in effect pursuant to the Inter- At the end of subtitle H of title V, add the and promising scientific advances in basic, national Emergency Economic Powers Act; following: translational, and clinical science relating 50 U.S.C. 1701 et seq.)), section 40 of the Arms to the areas described in subclauses (I) and SEC. 585. AWARD OF PURPLE HEART TO MEM- Export Control Act (22 U.S.C. 2780), or sec- BERS OF THE ARMED FORCES WHO (II) of clause (i). WERE VICTIMS OF THE ATTACKS AT tion 620A of the Foreign Assistance Act of ‘‘(iii) RESEARCHERS.—A description of the RECRUITING STATION IN LITTLE 1961 (22 U.S.C. 2371); availability of qualified individuals to con- ROCK, ARKANSAS, AND AT FORT (2) any entity or person in or acting for or duct scientific research in the areas de- HOOD, TEXAS. on behalf of such a country; or scribed in clause (i). (a) AWARD REQUIRED.—The Secretary of (3) as part of a launch vehicle owned, oper- ‘‘(iv) COORDINATED RESEARCH INITIATIVES.— the military department concerned shall ated, or manufactured by the government of The identification of the types of initiatives award the Purple Heart to the members of such a country. and partnerships for the coordination of in- the Armed Forces who were killed or wound- SEC. 1095. RULE OF CONSTRUCTION REGARDING tramural and extramural research of the In- ed in the attacks that occurred at the re- PRESIDENTIAL WAIVER AUTHORITY. stitute in the areas described in clause (i) cruiting station in Little Rock, Arkansas, on Nothing in this subtitle shall be construed with research of the relevant national re- June 1, 2009, and at Fort Hood, Texas, on No- as removing or limiting the waiver authority search institutes, Federal agencies, and non- vember 5, 2009. of the President under part 126 of the Inter- Federal public and private entities in such (b) EXCEPTION.—Subsection (a) shall not national Traffic in Arms Regulations (22 areas. apply to a member of the Armed Forces CFR part 126), as in effect on the date of the ‘‘(v) RESEARCH RESOURCES.—The identifica- whose wound was the result of the willful enactment of this Act. tion of public and private resources, such as misconduct of the member. SEC. 1096. RULE OF CONSTRUCTION REGARDING patient registries and tissue banks, that are SPECIAL EXPORT CONTROL AU- available to facilitate research relating to SA 3179. Mr. BENNET (for himself, THORITIES. each of the areas described in clause (i). Mr. WARNER, and Mr. RUBIO) submitted Nothing in this subtitle shall be construed ‘‘(B) IDENTIFICATION OF RESEARCH QUES- an amendment intended to be proposed as removing or limiting existing authorities TIONS.—The identification of research ques- of the President under section 1514 (a) and (b) by him to the bill S. 3254, to authorize tions relating to basic, translational, and of the Strom Thurmond National Defense clinical science in the areas described in sub- appropriations for fiscal year 2013 for Authorization Act for Fiscal Year 1999 (Pub- military activities of the Department clauses (I) and (II) of subparagraph (A)(i) lic Law 105–261; 22 U.S.C. 2778 note) with re- that have not been adequately addressed of Defense, for military construction, spect to defense articles that remain subject with respect to such recalcitrant cancer. and for defense activities of the De- to the jurisdiction of the International Traf- ‘‘(C) RECOMMENDATIONS.—Recommenda- partment of Energy, to prescribe mili- fic in Arms Regulations or to otherwise take tions for appropriate actions that should be tary personnel strengths for such fiscal such actions as are necessary to implement taken to advance research in the areas de- year, and for other purposes; which was requirements for improving national secu- scribed in subparagraph (A)(i) and to address rity controls in the export licensing of sat- ordered to lie on the table; as follows: the research questions identified in subpara- ellites, launch vehicles, and related items. graph (B), as well as for appropriate bench- At the end of title X, add the following: marks to measure progress on achieving Subtitle I—Safeguarding United States SA 3180. Mr. WHITEHOUSE sub- such actions, including the following: Satellite Leadership and Security mitted an amendment intended to be ‘‘(i) RESEARCHERS.—Ensuring adequate SEC. 1091. SHORT TITLE. proposed by him to the bill S. 3254, to availability of qualified individuals de- This subtitle may be cited as the ‘‘Safe- authorize appropriations for fiscal year scribed in subparagraph (A)(iii). guarding United States Satellite Leadership 2013 for military activities of the De- ‘‘(ii) COORDINATED RESEARCH INITIATIVES.— and Security Act of 2012’’. partment of Defense, for military con- Promoting and developing initiatives and SEC. 1092. AUTHORITY TO DETERMINE APPRO- struction, and for defense activities of partnerships described in subparagraph PRIATE EXPORT CONTROLS FOR the Department of Energy, to prescribe (A)(iv). SATELLITES AND RELATED ITEMS. ‘‘(iii) RESEARCH RESOURCES.—Developing Notwithstanding any other provision of military personnel strengths for such additional public and private resources de- law, the President is authorized to determine fiscal year, and for other purposes; scribed in subparagraph (A)(v) and strength- the appropriate export controls of satellites which was ordered to lie on the table; ening existing resources. and related items and transfer such items as follows: ‘‘(3) TIMING.—

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‘‘(A) INITIAL DEVELOPMENT AND SUBSEQUENT entific framework under subsection (a), sub- SEC. 888. ANNUAL REPORT ON DEFENSE CON- UPDATE.—For each recalcitrant cancer iden- mit a report to the Congress on the effective- TRACTING FRAUD. tified under subsection (b)(1), the Director of ness of the framework (including the update (a) ANNUAL STUDY AND REPORT.—The Sec- the Institute shall— required by subsection (a)(3)(A)(ii)) in im- retary of Defense shall conduct an annual ‘‘(i) develop a scientific framework under proving the prevention, detection, diagnosis, study on defense contracting fraud and sub- this subsection not later than 18 months and treatment of such cancer. mit a report containing the findings of such after the date of the enactment of this sec- ‘‘(e) RECOMMENDATIONS FOR EXCEPTION study to the congressional defense commit- tion; and FUNDING.—The Director of the Institute shall tees. ‘‘(ii) review and update the scientific consider each relevant scientific framework (b) REPORT CONTENTS.—The report required framework not later than 5 years after its developed under subsection (a) when making under subsection (a) shall include with re- initial development. recommendations for exception funding for spect to the most recent reporting period the following elements: ‘‘(B) OTHER UPDATES.—The Director of the grant applications. (1) An assessment of the total value of De- Institute may review and update each sci- ‘‘(f) DEFINITION.—In this section, the term entific framework developed under this sub- ‘recalcitrant cancer’ means a cancer for partment of Defense contracts entered into section as necessary. which the five-year relative survival rate is to with contractors that have been indicted for, settled charges of, been fined by any ‘‘(4) PUBLIC NOTICE.—With respect to each below 50 percent.’’. scientific framework developed under sub- Federal department or agency for, or been section (a), not later than 30 days after the SA 3181. Mr. WHITEHOUSE (for him- convicted of fraud in connection with any date of completion of the framework, the Di- self, Mr. MENENDEZ, Mr. MERKLEY, Mr. contract or other transaction entered into with the Federal Government. rector of the Institute shall— LAUTENBERG, and Mrs. BOXER) sub- (2) Recommendations by the Inspector ‘‘(A) submit such framework to the Com- mitted an amendment intended to be mittee on Energy and Commerce and Com- General of the Department of Defense or proposed by him to the bill S. 3254, to other appropriate Department of Defense of- mittee on Appropriations of the House of authorize appropriations for fiscal year Representatives, and the Committee on ficial regarding how to penalize contractors Health, Education, Labor, and Pensions and 2013 for military activities of the De- repeatedly involved in fraud in connection Committee on Appropriations of the Senate; partment of Defense, for military con- with contracts or other transactions entered and struction, and for defense activities of into with the Federal Government, including ‘‘(B) make such framework publically the Department of Energy, to prescribe an update on implementation by the Depart- available on the Internet website of the De- military personnel strengths for such ment of any previous such recommendations. partment of Health and Human Services. fiscal year, and for other purposes; SA 3183. Mr. SANDERS submitted an ‘‘(b) IDENTIFICATION OF RECALCITRANT CAN- which was ordered to lie on the table; amendment intended to be proposed by CER.— as follows: ‘‘(1) IN GENERAL.—Not later than 6 months him to the bill S. 3254, to authorize ap- after the date of the enactment of this sec- At the end of subtitle H of title X, add the propriations for fiscal year 2013 for tion, the Director of the Institute shall iden- following: military activities of the Department tify two or more recalcitrant cancers that SEC. 1084. SENSE OF THE SENATE ON NATIONAL of Defense, for military construction, each— SECURITY IMPLICATIONS OF CLI- and for defense activities of the De- MATE CHANGE. ‘‘(A) have a 5-year relative survival rate of partment of Energy, to prescribe mili- less than 20 percent; and (a) FINDINGS.—The Senate makes the fol- lowing findings: tary personnel strengths for such fiscal ‘‘(B) are estimated to cause the death of at year, and for other purposes; which was least 30,000 individuals in the United States (1) The Secretary of Defense has stated per year. that ‘‘[t]he area of climate change has a dra- ordered to lie on the table; as follows: matic impact on national security’’. ‘‘(2) ADDITIONAL CANCERS.—The Director of At the end of subtitle D of title VIII, add the Institute may, at any time, identify (2) The 2010 National Security Strategy the following: other recalcitrant cancers for purposes of states that ‘‘the danger from climate change SEC. 888. PUBLIC AVAILABILITY OF DATABASE OF this section. In identifying a recalcitrant is real, urgent and severe’’. SENIOR DEPARTMENT OF DEFENSE cancer pursuant to the previous sentence, (3) The 2010 Quadrennial Defense Review OFFICIALS SEEKING EMPLOYMENT WITH DEFENSE CONTRACTORS. the Director may consider additional states that ‘‘[c]limate change and energy are Section 847(b) of the National Defense Au- metrics of progress (such as incidence and two key issues that will play a significant thorization Act for Fiscal Year 2008 (Public mortality rates) against such type of cancer. role in shaping the future security environ- ment’’. Law 110–181; 10 U.S.C. 1701 note) is amended ‘‘(c) WORKING GROUPS.—For each recal- by adding at the end the following new para- citrant cancer identified under subsection (4) The 2010 Quadrennial Defense Review graph: (b), the Director of the Institute shall con- notes a 2008 assessment by the National In- ‘‘(3) PUBLIC AVAILABILITY OF INFORMA- vene a working group comprised of rep- telligence Council, which found that ‘‘more TION.—The Secretary of Defense shall make resentatives of appropriate Federal agencies than 30 U.S. military installations were al- available online to the public any informa- and other non-Federal entities to provide ex- ready facing elevated levels of risk from ris- tion contained in the database or repository pertise on, and assist in developing, a sci- ing sea levels’’. required under paragraph (1) that is not con- entific framework under subsection (a). The (5) The Defense Science Board issued a re- fidential, personal, or proprietary in na- Director of the Institute (or the Director’s port in October 2011 on Trends and Implica- ture.’’. designee) shall participate in the meetings of tions of Climate Change for National and each such working group. International Security, which stated that ‘‘the effectiveness of adaptation will have SA 3184. Mr. CARPER submitted an ‘‘(d) REPORTING.— significant national and international secu- amendment intended to be proposed by ‘‘(1) BIENNIAL REPORTS.—The Director of NIH shall ensure that each biennial report rity implications’’. him to the bill S. 3254, to authorize ap- ENSE OF THE SENATE.—It is the sense under section 403 includes information on ac- (b) S propriations for fiscal year 2013 for of the Senate that it is in the national secu- tions undertaken to carry out each scientific military activities of the Department rity interest of the United States to assess, framework developed under subsection (a) of Defense, for military construction, plan for, and mitigate the security and stra- with respect to a recalcitrant cancer, includ- and for defense activities of the De- tegic implications of climate change. ing the following: partment of Energy, to prescribe mili- ‘‘(A) Information on research grants SA 3182. Mr. SANDERS submitted an tary personnel strengths for such fiscal awarded by the National Institutes of Health year, and for other purposes; which was for research relating to such cancer. amendment intended to be proposed by ‘‘(B) An assessment of the progress made in him to the bill S. 3254, to authorize ap- ordered to lie on the table; as follows: improving outcomes (including relative sur- propriations for fiscal year 2013 for At the end of subtitle F of title V of divi- vival rates) for individuals diagnosed with military activities of the Department sion A, add the following: such cancer. of Defense, for military construction, SEC. 561. DEPARTMENT OF DEFENSE AND DE- ‘‘(C) An update on activities pertaining to PARTMENT OF VETERANS AFFAIRS and for defense activities of the De- ACTIONS ON INELIGIBILITY OF CER- such cancer under the authority of section partment of Energy, to prescribe mili- TAIN PROPRIETARY INSTITUTIONS 413(b)(7). tary personnel strengths for such fiscal OF HIGHER EDUCATION FOR PAR- ‘‘(2) ADDITIONAL ONE-TIME REPORT FOR CER- TICIPATION IN PROGRAMS OF EDU- TAIN FRAMEWORKS.—For each recalcitrant year, and for other purposes; which was CATIONAL ASSISTANCE. cancer identified under subsection (b)(1), the ordered to lie on the table; as follows: (a) DEPARTMENT OF VETERANS AFFAIRS.— Director of the Institute shall, not later than At the end of subtitle E of title VIII, add (1) IN GENERAL.—Subchapter II of chapter 6 years after the initial development of a sci- the following: 36 of title 38, United States Code, is amended

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00143 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.002 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15754 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 28, 2012 by inserting after section 3681 the following ance under the provisions of law specified in graph (5)(B) has authorized such location’’ new section: subsection (b) is available or used for edu- before the semicolon; ‘‘§ 3681A. Ineligibility of certain proprietary cation at the institution for the period of in- (iii) in subparagraph (C), by striking ‘‘pro- institutions of higher education for partici- stitutional fiscal years covered by such no- gram under this title’’ and inserting ‘‘pro- pation in Department of Veterans Affairs tice. gram of Federal educational assistance’’; programs of educational assistance ‘‘(b) COVERED ASSISTANCE.—The provisions (iv) in subparagraph (E), by striking ‘‘funds of law specified in this subsection are the ‘‘(a) IN GENERAL.—Upon receipt of a notice received under this title’’ and inserting provisions of law on educational assistance from the Secretary of Education under ‘‘Federal educational assistance’’; and through the Department of Defense as fol- clause (iii) of section 487(d)(2)(A) of the High- (v) in subparagraph (F)— lows: er Education Act of 1965 (20 U.S.C. (I) in clause (iii), by striking ‘‘under this ‘‘(1) This chapter. 1094(d)(2)(A)) that a proprietary institution title’’ and inserting ‘‘of Federal educational ‘‘(2) Chapters 105, 106A, 1606, 1607, and 1608 of higher education is ineligible for partici- assistance’’; and of this title. pation in or receipt of funds under any pro- (II) in clause (iv), by striking ‘‘under this ‘‘(3) Section 1784a of this title. gram of Federal educational assistance by title’’ and inserting ‘‘of Federal educational ‘‘(c) NOTICE ON INELIGIBILITY.—(1) The Sec- reason of such section, the Secretary of Vet- assistance’’; retary of Defense shall take appropriate ac- erans Affairs shall ensure that no edu- (C) in paragraph (2)— tions to notify persons receiving or eligible cational assistance under the provisions of (i) by striking subparagraph (A) and insert- for educational assistance under the provi- law specified in subsection (b) is available or ing the following: sions of law specified in subsection (b) of the used for education at the institution for the ‘‘(A) INELIGIBILITY.— application of the limitations in section period of institutional fiscal years covered ‘‘(i) IN GENERAL.—Notwithstanding any 487(d)(2) of the Higher Education Act of 1965 by such notice. other provision of law, a proprietary institu- to particular proprietary institutions of ‘‘(b) COVERED ASSISTANCE.—The provisions tion of higher education receiving funds pro- higher education. of law specified in this subsection are the vided under this title that fails to meet a re- ‘‘(2) The actions taken under this sub- provisions of law on educational assistance quirement of subsection (a)(24) for two con- section with respect to a proprietary institu- through the Department under chapters 30, secutive institutional fiscal years shall be tion shall include publication, on the Inter- 31, 32, 33, 34, and 35 of this title. ineligible to participate in or receive funds net website of the Department of Defense ‘‘(c) NOTICE ON INELIGIBILITY.—(1) The Sec- under any program of Federal educational that provides information to persons de- retary of Veterans Affairs shall take appro- assistance for a period of not less than two scribed in paragraph (1), of the following: priate actions to notify persons receiving or institutional fiscal years. ‘‘(A) The name of the institution. eligible for educational assistance under the ‘‘(ii) REGAINING ELIGIBILITY.—To regain eli- ‘‘(B) The extent to which the institution provisions of law specified in subsection (b) gibility to participate in or receive funds failed to meet the requirements of section of the application of the limitations in sec- under any program of Federal educational 487(a)(24) of the Higher Education Act of 1965. tion 487(d)(2) of the Higher Education Act of assistance after being ineligible pursuant to ‘‘(C) The length of time the institution will 1965 to particular proprietary institutions of clause (i), a proprietary institution of higher be ineligible for participation in or receipt of higher education. education shall demonstrate compliance funds under any program of Federal edu- ‘‘(2) The actions taken under this sub- cational assistance by reason of section with all eligibility and certification require- section with respect to a proprietary institu- 487(d)(2)(A) of that Act. ments for the program for a minimum of two tion shall include publication, on the Inter- ‘‘(D) The nonavailability of educational as- institutional fiscal years after the institu- net website of the Department that provides sistance through the Department for enroll- tional fiscal year in which the institution be- information to persons described in para- ment, attendance, or pursuit of a program of came ineligible. In order to regain eligibility graph (1), of the following: education at the institution by reason of to participate in any program of Federal ‘‘(A) The name of the institution. such ineligibility.’’. educational assistance under this title, such ‘‘(B) The extent to which the institution (2) CLERICAL AMENDMENT.—The table of compliance shall include meeting the re- failed to meet the requirements of section sections at the beginning of chapter 101 of quirements of section 498 for such 2-year pe- 487(a)(24) of the Higher Education Act of 1965. such title is amended by inserting after the riod. ‘‘(C) The length of time the institution will item relating to section 2008 the following ‘‘(iii) NOTIFICATION OF INELIGIBILITY.—The be ineligible for participation in or receipt of new item: Secretary of Education shall determine when funds under any program of Federal edu- a proprietary institution of higher education ‘‘2008a. Ineligibility of certain proprietary cational assistance by reason of section that receives funds under this title is ineli- institutions of higher education 487(d)(2)(A) of that Act. gible under clause (i) and shall notify all for participation in Department ‘‘(D) The nonavailability of educational as- other administering Secretaries of the deter- of Defense programs of edu- sistance through the Department for enroll- mination. cational assistance.’’. ment, attendance, or pursuit of a program of ‘‘(iv) ENFORCEMENT.—Each administering education at the institution by reason of SEC. 562. PROGRAM PARTICIPATION AGREE- Secretary for a program of Federal edu- such ineligibility.’’. MENTS FOR PROPRIETARY INSTITU- TIONS OF HIGHER EDUCATION. cational assistance shall enforce the require- (2) CLERICAL AMENDMENT.—The table of Section 487 of the Higher Education Act of ments of this subparagraph for the program sections at the beginning of chapter 36 of concerned upon receiving notification under such title is amended by inserting after the 1965 (20 U.S.C. 1094) is amended— (1) in subsection (a)(24)— clause (iii) of a proprietary institution of item relating to section 3681 the following higher education’s ineligibility.’’; and new item: (A) by inserting ‘‘that receives funds pro- vided under this title’’ before ‘‘, such institu- (ii) in subparagraph (B)— ‘‘3681A. Ineligibility of certain proprietary tion’’; and (I) in the matter preceding clause (i)— institutions of higher education (B) by striking ‘‘other than funds provided (aa) by striking ‘‘In addition’’ and all that for participation in Department under this title, as calculated in accordance follows through ‘‘education fails’’ and insert- of Veterans Affairs programs of with subsection (d)(1)’’ and inserting ‘‘other ing ‘‘Notwithstanding any other provision of educational assistance.’’. than Federal educational assistance, as de- law, in addition to such other means of en- (b) DEPARTMENT OF DEFENSE.— fined in subsection (d)(5) and calculated in forcing the requirements of a program of (1) IN GENERAL.—Chapter 101 of title 10, accordance with subsection (d)(1)’’; and Federal educational assistance as may be United States Code, is amended by inserting (2) in subsection (d)— available to the administering Secretary, if after section 2008 the following new section: (A) in the subsection heading, by striking a proprietary institution of higher education ‘‘§ 2008a. Ineligibility of certain proprietary ‘‘NON-TITLE IV’’ and inserting ‘‘NON-FEDERAL that receives funds provided under this title institutions of higher education for partici- EDUCATIONAL’’; fails’’; and pation in Department of Defense programs (B) in paragraph (1)— (bb) by striking ‘‘the programs authorized of educational assistance (i) in the matter preceding subparagraph by this title’’ and inserting ‘‘all programs of ‘‘(a) IN GENERAL.—Upon receipt of a notice (A), by inserting ‘‘that receives funds pro- Federal educational assistance’’; and from the Secretary of Education under vided under this title’’ before ‘‘shall’’; (II) in clause (i), by inserting ‘‘with respect clause (iii) of section 487(d)(2)(A) of the High- (ii) in subparagraph (B)— to a program of Federal educational assist- er Education Act of 1965 (20 U.S.C. (I) in clause (i), by striking ‘‘assistance ance under this title,’’ before ‘‘on the expira- 1094(d)(2)(A)) that a proprietary institution under this title’’ and inserting ‘‘Federal edu- tion date’’; of higher education is ineligible for partici- cational assistance’’; and (D) in paragraph (4)(A), by striking pation in or receipt of funds under any pro- (II) in clause (ii)(I), by inserting ‘‘, or on a ‘‘sources under this title’’ and inserting gram of Federal educational assistance by military base if the administering Secretary ‘‘Federal educational assistance’’; and reason of such section, the Secretary of De- for a program of Federal educational assist- (E) by adding at the end the following: fense shall ensure that no educational assist- ance under clause (ii), (iii), or (iv) of para- ‘‘(5) DEFINITIONS.—In this subsection:

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00144 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.002 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15755 ‘‘(A) ADMINISTERING SECRETARY.—The term military activities of the Department and for defense activities of the De- ‘administering Secretary’ means the Sec- of Defense, for military construction, partment of Energy, to prescribe mili- retary of Education, the Secretary of De- and for defense activities of the De- tary personnel strengths for such fiscal fense, the Secretary of Veterans Affairs, the partment of Energy, to prescribe mili- year, and for other purposes; which was Secretary of Homeland Security, or the Sec- tary personnel strengths for such fiscal ordered to lie on the table; as follows: retary of a military department responsible for administering the Federal educational year, and for other purposes; which was At the appropriate place, insert the fol- assistance concerned. ordered to lie on the table; as follows: lowing: ‘‘(B) FEDERAL EDUCATIONAL ASSISTANCE.— At the end of subtitle E of title VIII, add SEC. lll. ADDITIONAL RESPONSIBILITIES AND The term ‘Federal educational assistance’ the following: RESOURCES FOR DEPUTY ASSIST- ANT SECRETARY OF DEFENSE FOR means funds provided under any of the fol- SEC. 888. STUDY ON ARMY SMALL ARMS AND AM- DEVELOPMENTAL TEST AND EVAL- lowing provisions of law: MUNITION ACQUISITION. UATION. TUDY ‘‘(i) This title. (a) S .— (a) SUPERVISION.—Section 139b(a)(3) of title ‘‘(ii) Chapter 30, 31, 32, 33, 34, or 35 of title (1) IN GENERAL.—Not later than 30 days 10, United States Code, is amended by strik- 38, United States Code. after the date of the enactment of this Act, ing ‘‘to the Under Secretary’’ before the pe- ‘‘(iii) Chapter 101, 105, 106A, 1606, 1607, or the Secretary of Defense shall enter into a riod and inserting ‘‘directly to the Under 1608 of title 10, United States Code. contract with a Federally Funded Research Secretary, without the interposition of any ‘‘(iv) Section 1784a of title 10, United and Development Center to conduct a study other supervising official’’. States Code.’’. on the Army’s acquisition of small arms and (b) CONCURRENT SERVICE.—Section ammunition to determine each of the fol- 139b(a)(7) of such title is amended by striking SA 3185. Mr. LEE submitted an lowing: ‘‘may’’ and inserting ‘‘shall’’. amendment intended to be proposed by (A) A comparative evaluation of the cur- (c) RESOURCES.—Section 139b(a) of such him to the bill S. 3254, to authorize ap- rent military small arms in use by United title is amended by adding at the end the fol- propriations for fiscal year 2013 for States general purpose and special oper- lowing new paragraph: ‘‘(8) RESOURCES.— military activities of the Department ations forces, allied foreign militaries, and those potential candidate small arms not ‘‘(A) The President shall include in the of Defense, for military construction, necessarily in use militarily but available budget transmitted to Congress, pursuant to and for defense activities of the De- commercially. section 1105 of title 31, for each fiscal year, a partment of Energy, to prescribe mili- (B) An assessment of the Department of separate statement of estimated expendi- tary personnel strengths for such fiscal Defense’s current plans to modernize its tures and proposed appropriations for the fis- year, and for other purposes; which was small arms capabilities. cal year for the activities of the Deputy As- ordered to lie on the table; as follows: (C) A comparative evaluation of the sistant Secretary of Defense for Develop- Army’s standard small arms ammunition mental Test and Evaluation in carrying out On page l, between lines l and l, insert the duties and responsibilities of the Deputy the following: with other small arms ammunition alter- natives. Assistant Secretary under this section. SEC. ll. ANNUAL REPORTS ON UNITED STATES (2) FACTORS TO CONSIDER.—The study re- ‘‘(B) The Deputy Assistant Secretary of CONTRIBUTIONS TO THE UNITED Defense for Developmental Test and Evalua- NATIONS. quired under subsection (a) shall take into tion shall have sufficient professional staff (a) ANNUAL REPORT.—Not later than 90 consideration the following factors: days after the date of the enactment of this (A) Current and future operating environ- of military and civilian personnel to enable the Deputy Assistant Secretary to carry out Act and annually thereafter, the Director of ments as specified or referred to in Depart- the duties and responsibilities prescribed by the Office of Management and Budget shall ment of Defense strategic guidance and plan- law. The resources for the Deputy Assistant submit to Congress a report listing all as- ning documents. Secretary shall be comparable to the re- sessed and voluntary contributions, includ- (B) Modifications and improvements re- sources, including Senior Executive Service ing in-kind, of the United States Govern- cently applied to United States general pur- positions, other civilian positions, and mili- ment for the preceding fiscal year to the pose and special operations forces small tary positions, available to the Director of United Nations and United Nations affiliated arms as well as their potential for continued Operational Test and Evaluation.’’. agencies and related bodies. modification and improvement. (d) ANNUAL REPORT.—Section 139b(d) of (b) CONTENTS.—Each report required under (C) Industrial base impacts. such title is amended— subsection (a) shall set forth, for the fiscal (3) ACCESS TO INFORMATION.—The Secretary (1) in the subsection heading, by striking year covered by such report, the following: of Defense and the Secretary of the Army ‘‘JOINT’’; (1) The total amount of all assessed and shall ensure that the Federally Funded Re- (2) by redesignating paragraphs (1), (2), (3), voluntary contributions, including in-kind, search and Development Center conducting and (4) as subparagraphs (A), (B), (C), and of the United States Government to the the study required under subsection (a) has (D), respectively; United Nations and United Nations affiliated access to all necessary data, records, anal- (3) by inserting ‘‘(1)’’ before ‘‘Not later agencies and related bodies. ysis, personnel, and other resources nec- than March 31’’; (2) The approximate percentage of United essary to complete the study. (4) in the matter appearing before subpara- States Government contributions to each (b) REPORT.— graph (A), as so redesignated, by striking United Nations affiliated agency or body in (1) IN GENERAL.—Not later than September ‘‘jointly’’ and inserting ‘‘each’’; and such fiscal year when compared with all con- 30, 2013, the Secretary of Defense shall sub- (5) by adding at the end the following new tributions to such agency or body from any mit to the congressional defense committees paragraph: source in such fiscal year. a report containing the results of the study conducted under subsection (a), together ‘‘(2) With respect to the report required (3) For each such contribution— under paragraph (1) by the Deputy Assistant with the comments of the Secretary of De- (A) the amount of such contribution; Secretary of Defense for Developmental Test fense on the findings contained in the study. (B) a description of such contribution (in- and Evaluation— (2) CLASSIFIED ANNEX.—The report shall be cluding whether assessed or voluntary); ‘‘(A) the report shall include a separate in unclassified form, but may contain a clas- (C) the department or agency of the United section that covers the activities of the De- sified annex. States Government responsible for such con- partment of Defense Test Resource Manage- (c) DEFINITIONS.—In this section: tribution; ment Center (established under section 196 of (D) the purpose of such contribution; and (1) The term ‘‘small arms’’ means— (A) firearms up to but not including .50 cal- this title) during the preceding year; and (E) the United Nations or United Nations ‘‘(B) the report shall be transmitted to the affiliated agency or related body receiving iber; and (B) shotguns. Under Secretary of Defense for Acquisition, such contribution. Technology, and Logistics at the same time (c) PUBLIC AVAILABILITY OF INFORMATION.— (2) The term ‘‘small arms ammunition’’ means ammunition or ordnance for— it is submitted to the congressional defense Not later than two weeks after submitting committees.’’. each report required under subsection (a), (A) firearms up to but not including .50 cal- the Director of the Office of Management iber; and f and Budget shall post a public version of the (B) shotguns. AUTHORITY FOR COMMITTEES TO report on a text-based, searchable, and pub- MEET licly available Internet website. SA 3187. Mr. COCHRAN submitted an amendment intended to be proposed by COMMITTEE ON FOREIGN RELATIONS SA 3186. Mr. COBURN submitted an him to the bill S. 3254, to authorize ap- Mr. LEVIN. Mr. President, I ask amendment intended to be proposed by propriations for fiscal year 2013 for unanimous consent that the Com- him to the bill S. 3254, to authorize ap- military activities of the Department mittee on Foreign Relations be author- propriations for fiscal year 2013 for of Defense, for military construction, ized to meet during the session of the

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00145 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.002 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15756 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 November 28, 2012 Senate on November 28, 2012, at 2 p.m., Senate consideration of S. 3254, the fis- A bill (S. 1998) to obtain an unqualified to hold a nominations hearing. cal year 2013 National Defense Author- audit opinion, and improve financial ac- The PRESIDING OFFICER. Without ization Act. countability and management at the Depart- objection, it is so ordered. The PRESIDING OFFICER. Without ment of Homeland Security. SUBCOMMITTEE ON INTERNATIONAL DEVELOP- objection, it is so ordered. There being no objection, the Senate MENT AND FOREIGN ASSISTANCE, ECONOMIC Mr. BLUNT. Mr. President, I ask proceeded to consider the bill, which AFFAIRS AND INTERNATIONAL ENVIRON- unanimous consent that my defense had been reported from the Committee MENTAL PROTECTION fellow, MAJ Mark O’Neill, be allowed on Homeland Security and Govern- Mr. LEVIN. Mr. President, I ask access to the Senate floor as long as mental Affairs, with an amendment to unanimous consent that the Com- the Defense authorization bill be con- strike all after the enacting clause and mittee on Foreign Relations be author- sidered, and I ask unanimous consent insert in lieu thereof the following: ized to meet during the session of the request on behalf of Senator COCHRAN SECTION 1. SHORT TITLE. Senate on November 28, 2012, at 10 a.m., that Karen Courington and Mike Han- This Act may be cited as the ‘‘DHS Audit Re- to hold an International Development sen, legislative fellows detailed to the quirement Target Act of 2012’’ or the ‘‘DART and Foreign Assistance, Economic Af- Committee on Appropriations, and Act’’. fairs and International Environmental Taylor Lam, a fellow in Senator COCH- SEC. 2. IMPROVING FINANCIAL ACCOUNTABILITY Protection subcommittee hearing enti- RAN’s office, be granted the privilege of AND MANAGEMENT. tled, ‘‘Evaluating Current U.S. Global the floor during consideration of the (a) DEFINITIONS.—In this section— (1) the term ‘‘Department’’ means the Depart- Food Security Efforts and Determining National Defense Authorization Act for ment of Homeland Security; Future U.S. Leadership Opportuni- fiscal year 2013. (2) the term ‘‘financial management systems’’ ties.’’ The PRESIDING OFFICER. Without has the meaning given that term under section The PRESIDING OFFICER. Without objection, it is so ordered. 806 of the Federal Financial Management Im- objection, it is so ordered. Mr. LEAHY. Mr. President, I ask provement Act of 1996 (31 U.S.C. 3512 note); (3) the term ‘‘Secretary’’ means the Secretary f unanimous consent that Patricia Clough, a fellow in Senator WARNER’s of Homeland Security; and PRIVILEGES OF THE FLOOR office, be granted privileges of the floor (4) the term ‘‘unqualified opinion’’ mean an Mr. MERKLEY. Mr. President, I ask during consideration of Treaty Docu- unqualified opinion within the meaning given that term under generally accepted auditing unanimous consent that Jesse ment 112–7, and S. 3254. standards. Marseille, an intern in my office, be The PRESIDING OFFICER. Without (b) REACHING AN UNQUALIFIED AUDIT OPIN- granted the privilege of the floor for objection, it is so ordered. ION.—In order to ensure compliance with the the duration of the day. Mr. LEAHY. Mr. President, I ask Department of Homeland Security Financial Ac- The ACTING PRESIDENT pro tem- unanimous consent that David Bjerke, countability Act (Public Law 108–330; 118 Stat. pore. Without objection, it is so or- a defense fellow in Senator 1275) and the amendments made by that Act, the dered. BLUMENTHAL’s office, be granted floor Secretary shall take the necessary steps to en- Ms. MURRAY. Mr. President, I ask privileges for the duration of the de- sure that the full set of consolidated financial bate on the National Defense Author- statements of the Department for the fiscal year unanimous consent that Maj. Megan A. ending September 30, 2013, and each fiscal year Kinne, a U.S. Air Force officer who is ization Act for Fiscal Year 2013. thereafter, are ready in a timely manner and in currently serving as a defense legisla- The PRESIDING OFFICER. Without preparation for an audit as part of preparing tive fellow this year in Senator REID’s objection, it is so ordered. the performance and accountability reports re- office, be granted floor privileges for Mrs. FEINSTEIN. Mr. President, I quired under section 3516(f) of title 31, United the duration of S. 3254, the National ask unanimous consent that Dorothy States Code, (including submitting the reports Defense Authorization Act for 2013. Englehardt, a military fellow in my of- not later than November 15, 2013, and each year The ACTING PRESIDENT pro tem- fice, be granted the privilege of the thereafter) in order to obtain an unqualified floor for the remainder of the debate on opinion on the full set of financial statements pore. Without objection, it is so or- for the fiscal year. dered. this bill. The PRESIDING OFFICER. Without (c) REPORT TO CONGRESS ON PROGRESS OF Mr. MCCAIN. Mr. President, I ask MEETING AUDIT REQUIREMENTS.—In order to en- unanimous consent that LCDR Todd objection, it is so ordered. sure progress in implementing the Department of Ladwig, a Navy fellow in my office, and Ms. COLLINS. Mr. President, I ask Homeland Security Financial Accountability interns Jackie Kerber, Tassilo von unanimous consent that LCDR Peter Act (Public Law 108–330; 118 Stat. 1275), and the Bismark, and Daniel Edwards, be al- Halvorsen, the military fellow from the amendments made by that Act, during the pe- lowed floor privileges for the duration Department of Navy, be granted floor riod beginning on the date of enactment of this Act and ending on the date on which an un- of the Senate’s debate on S. 3254, the privileges for the remainder of the con- sideration of the Defense authorization qualified opinion described in subsection (b) is National Defense Authorization Act. submitted, each report submitted by the Chief The PRESIDING OFFICER. Without bill. The PRESIDING OFFICER. Without Financial Officer of the Department under sec- objection, it is so ordered. tion 902(a)(6) of title 31, United States Code, objection, it is so ordered. Mr. INHOFE. Mr. President, I ask shall include a plan— Mr. LEAHY. Mr. President, I ask (1) to obtain an unqualified opinion on the unanimous consent that CAPT Tony unanimous consent that floor privi- Pankuch, a defense fellow in my office, full set of financial statements, which shall dis- leges during this vote and subsequent cuss plans and resources needed to meet the be granted floor privileges for the re- votes on the bill be granted to Bruce deadlines under subsection (b); mainder of this year. Cohen, Erica Schabot, and Matt (2) that addresses how the Department will The PRESIDING OFFICER. Without Virkstis. eliminate material weaknesses and significant objection, it is so ordered. The PRESIDING OFFICER. Without deficiencies in internal controls over financial Mr. WYDEN. Mr. President, I ask objection, it is so ordered. reporting and provides deadlines for the elimi- unanimous consent that LTC Matt nation of such weaknesses and deficiencies; and f Groves, a Department of Defense fellow (3) to modernize the financial management assigned to my office, be granted the DHS AUDIT REQUIREMENT systems of the Department, including timelines, TARGET ACT OF 2012 goals, alternatives, and costs of the plan, which privilege of the floor for the remainder shall include consideration of alternative ap- of debate on S. 3254, the National De- Mr. REID. Mr. President, I ask unan- proaches, including modernizing the existing fi- fense Authorization Act. imous consent that the Senate proceed nancial management systems and associated fi- The PRESIDING OFFICER. Without to the consideration of Calendar No. nancial controls of the Department and estab- objection, it is so ordered. 535, S. 1998. lishing new financial management systems and Mr. CARDIN. Mr. President, I ask The PRESIDING OFFICER. The associated financial controls. unanimous consent that floor privi- clerk will report the bill by title. Mr. REID. I ask unanimous consent leges be granted to Ann Y. Lee, a De- The assistant legislative clerk read that the committee-reported substitute partment of Defense fellow, during the as follows: amendment be agreed to, the bill, as

VerDate Sep 11 2014 13:33 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00146 Fmt 0686 Sfmt 0634 E:\BR12\S28NO2.002 S28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 11 15757 amended, be read a third time and 29, 2012; that following the prayer and PROGRAM passed, the motions to reconsider be pledge, the Journal of proceedings be Mr. REID. Mr. President, we con- laid upon the table, with no inter- approved to date, the morning hour be tinue to work through amendments to vening action or debate, and that any deemed expired and the time for the the DOD. We are not going to be on statements related to the bill be print- two leaders be reserved for their use this bill forever. If people want to offer ed in the RECORD. amendments, they should come and do The PRESIDING OFFICER. Without later in the day; that the Senate be in it. We hope to finish the work on this objection, it is so ordered. a period of morning business for 1 hour, The amendment in the nature of a with Senators permitted to speak for bill this week. substitute was agreed to. up to 10 minutes each, with the time f The bill (S. 1998), as amended, was or- equally divided and controlled between dered to be engrossed for a third read- the two leaders or their designees, with ADJOURNMENT UNTIL 9:30 A.M. ing, was read the third time, and the Republicans controlling the first TOMORROW passed. half and the majority controlling the Mr. REID. If there is no further busi- f final half; and that following morning ness to come before the Senate, I ask ORDERS FOR THURSDAY, business, the Senate resume consider- unanimous consent that the Senate NOVEMBER 29, 2012 ation of S. 3254, the DOD Authorization stand adjourned under the previous Mr. REID. I ask unanimous consent Act. order. that when the Senate completes its There being no objection, the Senate, The PRESIDING OFFICER. Without business today, it adjourn until tomor- at 7:18 p.m., adjourned until Thursday, row at 9:30 a.m. Thursday, November objection, it is so ordered. November 29, 2012, at 9:30 a.m.

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IN RECOGNITION OF MARCUS HIGH Her family moved to Brooklyn, NY, where City Manager, she oversaw Lakewood’s eco- SCHOOL MARCHING BAND she joined First Baptist Church of Crown nomic development and was the city’s legisla- Heights and started singing in the youth choir. tive lobbyist. HON. MICHAEL C. BURGESS She accepted Christ at an early age and be- Joni was a behind-the-scenes force in the OF TEXAS came involved in youth ministry. development of Colorado Mills at Belmar and IN THE HOUSE OF REPRESENTATIVES Living in the big city, Mattie continued her the St. Anthony Hospital Campus in Lake- education at Rothchild JHS and Bay Ridge wood. Wednesday, November 28, 2012 HS, graduating and going on to further her I extend my deepest congratulations to Joni Mr. BURGESS. Mr. Speaker, I rise today to education at Kingsborough Community Col- Inman for her well deserved honor by the celebrate another stellar attainment by the lege, where she majored in Business Adminis- West Chamber serving Jefferson County. I Marcus High School Marching Band. This is tration and received an A.A.S. Degree. While have no doubt she will exhibit the same dedi- not the first, second, or even third time that attending college, she met her late husband cation and character in all her future accom- the Marcus Band has won the University Inter- John M. Sykes, Sr. They had one child, John plishments. scholastic League (UIL) Class 5A State M. Skyes, Jr. f Marching competition, but their fourth time to As a young mother, Mattie returned to the LEAH VARNELL be state champions! The Marcus High School work force, landing jobs in the retail field. After Marching Band has achieved a first in UIL his- that, she accepted a position with the NYC tory in any conference, by winning its fourth Department of Health and Mental Hygiene, HON. ED PERLMUTTER consecutive state marching finals contest. It is Bureau of Child Care. During her 29 years in OF COLORADO an amazing accomplishment that epitomizes the department, she became an advocate for IN THE HOUSE OF REPRESENTATIVES their work ethic and musicality. children, working on special projects with the Wednesday, November 28, 2012 The Marcus High School Marching Band Associate Commissioner. Mattie is also Mr. PERLMUTTER. Mr. Speaker, I rise has a talented and committed leadership strongly active with District Council 37, work- today to recognize and applaud Leah Varnell team, headed by Amanda Drinkwater, Director ing as a shop steward and delegate for Local for her outstanding service to our community. of Bands, and Associate Directors: Kennan 1549. In 2000, Leah Varnell was a leader in the Wylie, Dominic Talanca and David Simon as Mattie worked in the community with the creation of the Court Appointed Special Advo- well as Color Guard Director, John Leonard. Neighborhood Youth Corp and summer lunch cates of Jefferson and Gilpin Counties (CASA The student members of the Marauder Band programs while sitting on the Board of the Jeffco/Gilpin). Its mission is to recruit, train have worked long hours over many months to Five Block Daycare Center. She enjoys pro- and manage community advocates who act as bring their winning performance ‘‘Gilded moting AIDS and Breast Cancer Awareness at officers of the court for the best interest of Memories’’ to fruition. They have been capably local health fairs around the city. children that are abuse and neglect victims. led by Drum Majors Sarah Jones and Scott Currently a member of the Bethany Baptist Since its inception, Leah’s success with Van Gundy. Church, Mattie has served as secretary to the CASA Jeffco/Gilpin has led to a 110% in- Edward S. Marcus High School is located in Ladies Usher Board for several years. With crease in revenue and 60% increase in staff- Flower Mound, Texas within the Lewisville the love and guidance she receives from ing, which enables the program to serve more Independent School District. The school’s ad- above, she is content with caring for her elder- children. In addition, Leah’s has been suc- ministrators, teachers and students as well as ly mother and watching her two darling grand- cessful creating numerous partnerships with its dedicated booster organization have whole daughters, Chyna and Aja Sykes grow up. courts and human services to better utilize heartedly supported the band’s endeavors and Mattie enjoys spending her free time with CASA volunteers. should also be recognized and commended. her family and dearest friends whenever pos- In 2010, Leah was selected as the Staff I am pleased to join the community in con- sible and truly feels the Lord’s blessings. Person of the Year by the State Association of gratulating the Marcus High School Band. Mr. Speaker, I urge my colleagues to join CASA programs in Colorado. She also serves They have been excellent ambassadors for me in recognizing Matilda ‘‘Mattie’’ Sykes. on numerous boards including Rewired, Inc., Flower Mound and the 26th District of Texas. f Leadership Jefferson County Alumni Associa- It is my privilege to serve them in the U.S. JONI INMAN tion, Jefferson County Good News Coalition, House of Representatives. Jefferson County Best Practice Court Team, f HON. ED PERLMUTTER and the Emancipation Court Steering Com- TRIBUTE TO MATILDA SYKES mittee. OF COLORADO I extend my deepest congratulations to Leah IN THE HOUSE OF REPRESENTATIVES Varnell for her well deserved honor by the HON. EDOLPHUS TOWNS Wednesday, November 28, 2012 West Chamber serving Jefferson County. I OF NEW YORK have no doubt she will exhibit the same dedi- Mr. PERLMUTTER. Mr. Speaker, I rise IN THE HOUSE OF REPRESENTATIVES cation and character in all her future accom- today to recognize and applaud Joni Inman for plishments. Wednesday, November 28, 2012 her outstanding service to our community. Mr. TOWNS. Mr. Speaker, I rise today in Joni Inman has been a leader of the Denver f recognition of Maltida Sykes, a tenacious lead- community for decades. Most recently, Joni TRIBUTE TO LARAY BROWN er and advocate in the community and an in- consults for ActionCOACH which helps her cli- spiration to all of New York. ents grow their businesses and create new HON. EDOLPHUS TOWNS Matilda, known affectionately as ‘‘Mattie’’, jobs. Joni also owns her own consulting firm OF NEW YORK was born in Bennetsville, South Carolina. At a for lobbying, strategic and business planning, IN THE HOUSE OF REPRESENTATIVES young age, she attended Sunday Service at small business support for federal regulations Shiloh Baptist Church with her grandmother. and public relations. Wednesday, November 28, 2012 Like her grandmother, she became a faithful Prior to her consulting career, Joni served Mr. TOWNS. Mr. Speaker, I rise today to church parishioner. As the second oldest of as the Deputy City Manager for Lakewood pay tribute and honor LaRay Brown for her three siblings, she developed a loving concern where she pioneered the city’s communica- track record in public service and her commit- for others. tions and sustainability programs. As Deputy ment to improving the community.

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

VerDate Sep 11 2014 13:35 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00001 Fmt 0689 Sfmt 9920 E:\BR12\E28NO2.000 E28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 EXTENSIONS OF REMARKS, Vol. 158, Pt. 11 15759 LaRay Brown is the Senior Vice President North Texas; Michael Morris, Transportation best of public servants. I am proud to call him for Corporate Planning, Community Health Director for the North Central Texas Council of a friend. and Intergovernmental Relations at the New Governments; Larry D. Tegtmeyer, Wichita York City Health and Hospitals Corporation Falls District Engineer, Texas Department of f (HHC), the largest municipal public hospital Transportation; Bill Hale, Dallas District Engi- system in the country. She has been acknowl- neer, Texas Department of Transportation; TRIBUTE TO KIMBERLY WELCH edged by Modern Healthcare as one of the Andy Eads, Commissioner Precinct 4, Denton Top 25 Women in Healthcare. LaRay Brown County; Maribel Chavez, Fort Worth District directs strategic-planning efforts for the cor- Engineer, Texas Department of Transpor- HON. EDOLPHUS TOWNS poration, and formulation and execution of leg- tation; Gary Fickes, Commissioner Precinct 3, OF NEW YORK islative initiatives and advocacy strategies. Tarrant County; Marc Williams, Director of Among the many corporate-wide initiatives Planning, Texas Department of Transportation; IN THE HOUSE OF REPRESENTATIVES that she led, Ms. Brown is spearheading the and Carlos Swonke, Director of Environmental development of affordable and accessible Affairs, Texas Department of Transportation. Wednesday, November 28, 2012 housing on behalf of HHC’s patients. Congressman STEVEN LATOURETTE was gra- Mr. TOWNS. Mr. Speaker, I rise today to She is the recipient of numerous awards, in- cious and keynoted the event. As Vice-Chair pay tribute to Kimberly Welch, a model serv- cluding the Commission on the Public’s Health of the House Appropriations Subcommittee on ant of the needs of the public, a person dedi- System’s Marshall C. England Memorial Public Transportation, he provided a unique perspec- cated to the importance of family, and native Health Award in 2010 and the Community tive and insight. I thank him for his time and Health Care Association of New York State’s information, and I would like to thank him for New Yorker. Rosemarie Forstner Award in 2011. his service. Congress is losing such a great Ms. Kimberly Welch has been working at She was a member of Governor Cuomo’s asset and I wish him well in the next chapter the Health & Hospital Corporation for 22 health care transition team and his Medicaid in his life. years, beginning as an office aide and now Redesign Team Work Groups on Housing and North Texas is a rapidly growing area. As Assistant Associate, providing much help in Health Disparities. Ms. Brown also serves on our population expands, our need for wider Mental Health Services to the citizens of the board of New York State Health Founda- roads and highways also expands. I look for- Brooklyn. She has focused and devoted her tion. ward to continuing this conversation and to time enlightening, understanding and caring Ms. Brown previously held leadership posi- working with local and state leaders on trans- for patients. tions with the State of New Jersey including its portation issues. Division of Mental Health and Hospitals and its f An advocate of education, Ms. Welch at- Division of Youth and Family Services. tended Boricua College in Brooklyn, where Ms. Brown graduated summa cum laude RECOGNIZING CLARENCE BROWN she earned a Bachelors of Science Degree in from the University of Pennsylvania and re- human services. She is active in her children’s ceived her graduate training at the University HON. PHIL GINGREY education and was elected vice president of of Pennsylvania Fets Center for Government OF GEORGIA the PTA at her children’s school. Policy. IN THE HOUSE OF REPRESENTATIVES Ms. Welch has always had an interest in Mr. Speaker, I would like to recognize Ms. Wednesday, November 28, 2012 LaRay Brown for her successful career and helping families, especially in underserved continued work in service to the community. Mr. GINGREY of Georgia. Mr. Speaker, I communities. Thinking about ways she could f stand before you today to recognize the retire- fulfill this desire, she joined an organization ment of a lifelong civil servant, Clarence named ‘‘SomeMeTime’’, which allows her the IN RECOGNITION OF THE 10TH AN- Brown. Clarence has selflessly served the citi- ability to empower women. The annual Moth- NUAL 26TH CONGRESSIONAL DIS- zens of Bartow County for more than 38 er’s Day Brunch provides mothers with a day TRICT OF TEXAS TRANSPOR- years, and his tenure as Bartow County Com- of rest and relaxation. Ms. Welch also partici- TATION SUMMIT missioner is the longest to date. pates in programs that educate women on the Clarence began his service with a plan and importance of good health and hygiene. HON. MICHAEL C. BURGESS vision for Bartow County, and under his lead- Ms. Welch volunteers in a very special orga- OF TEXAS ership it has flourished. Some highlights of his nization named ‘‘L.A.C.E. Leading Ladies’’ IN THE HOUSE OF REPRESENTATIVES public service are the implementation of the county’s growth management plan in 1996, which is dear to her heart because her daugh- Wednesday, November 28, 2012 the completion of Georgia Highlands College, ter is one of the founding members. This orga- Mr. BURGESS. Mr. Speaker, earlier this and the development of the nation’s first coun- nization based in Brooklyn, collects, cleans, week, I held the 10th Annual 26th Congres- ty-wide Environmental Management System. and distributes prom and graduation dresses sional District of Texas Transportation Summit Each of these accomplishments shaped to underprivileged junior high school girls along with the Texas Department of Transpor- Bartow County, but Clarence’s legacy of lead- throughout New York City. In the spring of tation at the University of North Texas. ership is truly defined by his character. He 2012, they provided dresses to more than 625 Transportation is always a popular topic of paid extraordinary attention to public input and young girls. discussion in North Texas and for obvious rea- cared deeply for the people he governed. sons. With one of the world’s largest airports, In recognition of Clarence’s selfless service Ms. Welch enjoys the holidays and says it’s thousands of miles of roads, highways, rail and commitment to the community, the county her favorite and busiest time of the year. She lines, and several other modes of infrastruc- named the conference center in Cartersville in participates in an annual turkey giveaway to ture, North Texans recognize the importance his honor. However, this was not an easy task the community and she helps feed less fortu- of transportation and its role in our region’s given Clarence’s humble nature! nate families on Thanksgiving Day. At Christ- continued growth. It took the community, a judge, and Clar- mas, she assists with coordinating the distribu- This event provided a great conversation ence’s wife to convince him to agree to the tion of toys for chronic substance abuse fami- and I would like to thank: dedication. To this day when asked about the lies and children with a history of mental ill- The Texas Department of Transportation for Clarence Brown Conference Center, Clarence ness. Kimberly is also affiliated with an organi- cosponsoring and Texas Transportation Com- will humbly reply, ‘‘It’s just a name on a build- zation that allows these families to have their missioner Jeff Moseley speaking at the event, ing.’’ photos professionally taken for their holiday as well as the University of North Texas for Through his philanthropic and civic contribu- memories. serving as host. tions, Clarence’s impact on our community is Other speakers and panelists for the summit immeasurable. He has, and will, continue to Mr. Speaker, I would like to recognize Ms. who provided excellent insight into transpor- lead our community with integrity and honor. Kimberly Welch for her efforts advocating for tation issues: Andrew Harris, Vice President of Clarence represents the best of the 11th the well-being of our disenfranchised fellow Finance and Administration, University of District, the best of Georgia, and indeed the citizens.

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Mr. Speaker, I rise mental Protection Agency (EPA) in creating ture, Consecration of the House as an appro- today to recognize and applaud Dot Wright for the Worker Protection Standard regulations as priate beginning in the acoustically-superb her outstanding service to our community. well as Natural Resources Conservation Serv- Weill Hall, and Maestro Ferrandis took the po- Since 2008 Dot has served as President ice (NRCS) and Conservation Stewardship dium for the remainder of the program. It in- and CEO of the Arvada Chamber of Com- Program with various conservation measures. cluded Ravel’s Bolero, Beethoven’s Fourth merce. Her successes have led to significant While Roger was treasurer of NAICC, he Piano Concerto performed by Kahane, growth in the chamber’s membership and out- began ‘‘Dads in DC’’ which later became Copland’s great Canticle of Freedom, featuring reach efforts. In addition, Dot has worked tire- ‘‘Crawfish Boil on the Hill,’’ an annual institu- the 100–voice Symphony Honor Choir, and lessly to create a better trained workforce for tion. Over 300 people attended this year, in- ended with three encores. jobs of the 21st Century. cluding six congressmen, and individuals from To mark this long-awaited moment, the In 2011, Dot created the Jefferson County the House and Senate Ag Committee, EPA Symphony also commissioned an orchestral Business Education Alliance (JCBEA) which and United States Department of Agriculture work. by Petaluma resident and critically-ac- partners business owners and students with staffers including those in NRCS and the Food claimed contemporary composer Nolan Gas- educational opportunities such as internships Safety Administration. ser. His Sonoma Overture evoked the natural and job shadowing. Her vision led to a full- Over his lifetime, Roger has been a member beauty of Sonoma County and recognized the time position with the Jefferson County De- of scores of professional associations, and energy and dynamism of its cities, industries partment of Human Services tasked with ex- has received countless awards, while always and people. panding this successful program county-wide. maintaining his own farm and continuously This was truly a transformative moment that Dot is also involved with many community giving back to his community. Mr. Speaker, I seldom is afforded any American orchestra— organizations. She serves on the Arvada Colts ask my colleagues to join me in honoring the to call a world class concert hall its home, ri- Board of Directors, Arvada Economic Develop- life works of Roger Morris Carter and to wish valing the Vienna Philharmonic’s Musikverein ment Association, Arvada Jefferson Kiwanis him future success in all of his ventures. concert hall and the Boston Symphony’s Club, the Arvada—Wheat Ridge Ambassadors f Ozawa Hall at Tanglewood. for Youth and the Historic Olde Town Arvada In addition to being a home for the sym- Board of Directors. She also serves on my HONORING THE SANTA ROSA phony, the Center will serve as a venue to Small Business Advisory Committee. SYMPHONY showcase excellent music from around the I extend my deepest congratulations to my Bay Area and beyond. In fact, just a day be- friend Dot Wright for her well deserved honor HON. LYNN C. WOOLSEY fore the symphony’s opening performance, re- by the West Chamber serving Jefferson Coun- OF CALIFORNIA nowned Chinese pianist Lang Lang dazzled at ty. I have no doubt she will exhibit the same IN THE HOUSE OF REPRESENTATIVES the Green Music Center’s grand opening with dedication and character in all her future ac- Wednesday, November 28, 2012 a one-night-only recital. And only a week later, complishments. on October 6th, Music Director Bruno f Ms. WOOLSEY. Mr. Speaker, I rise to honor Ferrandis partnered with the Kronos Quartet to the Santa Rosa Symphony on the occasion of perform Mozart’s Overture to The Magic Flute, IN HONOR OF THE LIFE ACCOM- its orchestral opening of the Green Music Mahler’s Symphony No. I, Titan, and the world PLISHMENTS OF ROGER MORRIS Center. The Green Music Center is a recently- premiere of Concerto for String Quartet, Or- CARTER completed music and art venue on the cam- chestra and Electronics, The Last Internal pus of Sonoma State University in Rohnert Combustion Engine by composer-in-residence HON. RODNEY ALEXANDER Park, California. Named after Donald and Edmund Campion. OF LOUISIANA Maureen Green, it is comprised of the Joan Mr. Speaker, we congratulate the Santa IN THE HOUSE OF REPRESENTATIVES and Sanford I. Weill Hall and the Schroeder Rosa Symphony for all its hard work. Truly a Recital Hall as well as a multi-use education Wednesday, November 28, 2012 new dawn is breaking for this orchestra and facility and an elegant hospitality center. The for Sonoma County that will both invite and Mr. ALEXANDER. Mr. Speaker, I rise today symphony made its debut performance as challenge them to new heights of artistic ex- to honor and commend the accomplished life Resident Orchestra of the Green Music Center cellence and community engagement. of one of Louisiana’s own, Roger Morris Car- on September 30, 2012. f ter. Born in Ferriday, LA, to William Prentiss In 1998, the Board of Directors of the Santa Carter, Jr. and Carolyn Rogers Carter, he at- Rosa Symphony marked a new era by joining TRIBUTE TO EVARISTO tended Louisiana State University for both a Sonoma State University to raise funds for a OLANREWAJU AKERELE B.S. in Agriculture (Entomology) in 1972 and new concert hall. Although this was no easy M.S. in Plant Pathology in 1975. During this task, persistence paid off. Donald Green has HON. EDOLPHUS TOWNS time, he married his wife, Lise’ Anne Clower been the spirit of the project; start-up financial OF NEW YORK on December 21, 1972. Their union later pro- support and leadership from Don and his wife IN THE HOUSE OF REPRESENTATIVES duced one son, Anthony Bronson Carter, who Maureen, the vision of Sonoma State Presi- with his wife, Jessica Boyette, has given dent Ruben Arminana, and the assistance of Wednesday, November 28, 2012 Roger and Lise’ five grandchildren. Sandy and Joan Weill plus hundreds of sup- Mr. TOWNS. Mr. Speaker, I rise to cele- With an impressive foundation of scientific porters of the Santa Rosa Symphony has brate and pay tribute to Dr. Evaristo knowledge, a natural aptitude for working the made the Center a reality. With this project, Olanrewaju Akerele for his contributions to the land and a political astuteness uncommon in a the symphony enhances its dream of being community. single person, Roger’s work has been instru- one of the leading regional symphony orches- Dr. Evaristo Olanrewaju Akerele was born in mental in revolutionizing farming in Louisiana tras in America. Nigeria. He comes from a long line of physi- and throughout the country. As a highly Fourteen years later, the completion of the cians and attorneys. His great aunt was the sought after agricultural consultant, Roger pio- Green Music Center and Weill Hall is an im- first woman physician in West Africa. He is a neered the use of precision agriculture in our pressive and important step towards fulfilling devoted father of three beautiful daughters area by using electrical conductivity (EC) to that vision. On September 30th, the Santa whom he loves dearly. separate soil types and developing ‘‘zones’’, Rosa Symphony celebrated 85 years of music Dr. Akerele received his Bachelor of so that the fertilizer and lime needs of the soil and stepped over the threshold of its new Science with Honors in Biochemistry from the could be addressed precisely in each zone. home at the Green Music Center. The sym- University of London, England. He went on to

VerDate Sep 11 2014 13:35 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00003 Fmt 0689 Sfmt 9920 E:\BR12\E28NO2.000 E28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 EXTENSIONS OF REMARKS, Vol. 158, Pt. 11 15761 earn his Doctor of Medicine degree from the IN SUPPORT OF SECTION 1096 OF to Michigan’s Harbor Beach Pirates High University of Medicine and Pharmacy, Cluj H.R. 4310, THE NATIONAL DE- School Varsity Football Team. The Harbor Napoca, Romania. He trained as a research FENSE AUTHORIZATION ACT FOR Beach Pirates ended a remarkable 2012 sea- fellow in Addiction Psychiatry and later served FISCAL YEAR 2013, TO DISPLAY son last Friday by winning Michigan High as the Co-director of the Substance Abuse TERRITORIAL FLAGS AT MILI- School Athletic Association (MHSAA) Division Research Fellowship program at Columbia. TARY INSTALLATIONS 8 State Championship! While there he pursued a Master’s in Public This win marks the first football state cham- Health Policy and Management from Columbia HON. MADELEINE Z. BORDALLO pionship win in Harbor Beach High School’s University. Dr. Akerele, is an accomplished re- OF GUAM history, and ending a 13 games won and only searcher, educator, administrator and clinician. IN THE HOUSE OF REPRESENTATIVES one loss season for the Pirates, a season that He has published several papers, received Wednesday, November 28, 2012 includes a. Greater Thumb East Conference State and Federal Grants from agencies like title, a district title, and a regional title. the National Institute on Drug Abuse. He also Ms. BORDALLO. Mr. Speaker, I rise in The Harbor Beach Pirates were able to ac- served as the Associate Director of Psychiatry strong support for section 1096 of H.R. 4310, complish this feat at Detroit’s Ford Field, home and Director of the Residency Training at Har- the National Defense Authorization Act for Fis- of the Detroit Lions. The Pirates won the lem Hospital, and Columbia University. Dr. cal Year 2013. The provision, sponsored by Championship despite the best efforts of their Akerele also served as the Vice President and my friend and colleague, Congressman opponents, the Beal City Aggies. Medical Director for Phoenix House where he GREGORIO KILILI CAMACHO SABLAN, fixes over- The Pirates dominated their competition was responsible for the Medical Management sights by the Department of Defense. The pro- throughout the state playoffs, a journey that for over 3000 patients. vision would ensure that flags of the U.S. terri- culminated in the Pirates winning the Michigan Equally important, Dr. Akerele has served tories and the District of Columbia are re- State Championship game by a score of 35– as the Board Examiner for the American quired to be displayed alongside the flags of 10. This winning score was achieved through Board of Psychiatry and Neurology since the 50 states. Current regulations by the De- a combination of a stingy defense that had 2005. Dr. Akerele is very active in multiple partment of Defense are too permissive and multiple red-zone stops and a complete team professional associations at National and many military installations across the globe do offensive effort. State levels. Finally, he served as the chair of not include flags from the District of Columbia Mr. Speaker, it is my pleasure to honor the the New York State Substance Abuse com- and the U.S. territories. hard work and sportsmanship displayed by all mittee, also as State representative to the Millions of men and women from the District the members of the Pirates. I applaud these American Psychiatric Association National As- of Columbia and the U.S. territories have an- young men for always remaining both mentally sembly. He is a distinguished fellow of the swered the call to duty in every conflict the and physically ready to compete, and for stay- American Psychiatric Association and past United States has engaged in over the course ing energized and focused each time they President of the New York County American of its history. Most recently, thousands of men stepped on to the gridiron. I understand this Psychiatric Association. With all of his and women have answered the call to support can be extremely difficult considering the nu- achievements, Dr. Akerele is filled with thank- missions in Afghanistan, the Horn of Africa merous pressures and distractions high school fulness, because he understands that he is and Iraq. Moreover, National Guardsmen from student-athletes can encounter, but these the beneficiary of the hard work and sacrifices DC and the U.S. territories have supported brave men are wonderful examples of hard- of those that came before him. homeland defense missions from protecting work to achieve your goals. Mr. Speaker, I call on my colleagues to join the border, to recovery efforts following Hurri- I also wish to acknowledge the administra- me in recognizing the contributions and ac- cane Katrina and Superstorm Sandy. Men and tors, teachers, cheerleaders, parents, students complishments of Dr. Evaristo Olanrewaju women in uniform from DC and the U.S. terri- and fans alike for their assistance and support Akerele. tories have answered the call to duty and it is in making this a truly unforgettable season. f only right that the symbol of their homes be The Pirates proved they had the talent and displayed wherever and whenever the Depart- CHERI JAHN the perseverance to rise to the challenge and ment of Defense displays the flags of the 50 accomplish their ultimate goal—a Michigan states. State Championship! As Ranking Member of the House Armed HON. ED PERLMUTTER In closing Mr. Speaker, I am so proud of Services Subcommittee on Readiness and as OF COLORADO how hard this team worked together, and I a member of the Subcommittee on Military IN THE HOUSE OF REPRESENTATIVES want to offer my personal congratulations and Personnel, I will advocate for this provision to Wednesday, November 28, 2012 best wishes. All the accolades, awards, and be carried in any Conference Committee re- trophies are rightfully deserved. Way to go Pi- Mr. PERLMUTTER. Mr. Speaker, I rise port on the FY13 NDAA. As the Senate begins rates! today to recognize and applaud Senator Cheri consideration of their version of the FY13 Jahn for her service to our community. NDAA, I urge my colleagues in the U.S. Sen- f Colorado State Senator Cheri Jahn is a sin- ate to include this provision in their bill as well. gle mother of three and small business owner KATHY HODGSON This provision just makes sense and it is im- in Wheat Ridge. For 30 years, Cheri has portant to reflect the colors of the flags of the proudly owned and operated Colorado House- HON. ED PERLMUTTER District of Columbia and U.S. territories in any keeping Services, LLC, which she has grown OF COLORADO display of the flag by DoD. Servicemembers into a cornerstone of the community. IN THE HOUSE OF REPRESENTATIVES While raising three children and running her from these jurisdictions are respected and im- Wednesday, November 28, 2012 business, Cheri earned her Paralegal degree portant members of the Armed Services and from the Community College of Denver. Cheri deserve to have the colors of their homes dis- Mr. PERLMUTTER. Mr. Speaker, I rise uses her business acumen in her position as played. today to recognize and applaud Kathy Hodg- a Colorado State Senator. f son for her outstanding service to our commu- Her successes in the business world led to CONGRATULATIONS TO THE HAR- nity. her most recent accomplishment as a State BOR BEACH PIRATES, DIVISION 8 As Lakewood City Manager, Kathy Hodg- Senator. By striving to aid other local busi- STATE FOOTBALL CHAMPION- son’s efforts have bolstered the city’s financial nesses, Cheri passed legislation to save small SHIP reserves to an historic level. Her successful businesses hundreds, if not thousands, of dol- leadership has led her team to entice new lars in unemployment insurance premiums. businesses to locate in Lakewood. It is with extreme gratitude that I commend HON. CANDICE S. MILLER Kathy’s collaborative nature was dem- OF MICHIGAN Cheri Jahn for her well deserved honor by the onstrated when she spearheaded an effort to IN THE HOUSE OF REPRESENTATIVES West Chamber serving Jefferson County. I save a Lakewood middle school from closure. have no doubt she will exhibit the same dedi- Wednesday, November 28, 2012 Now, that school is part of the International cation and character in all her future accom- Mrs. MILLER of Michigan. Mr. Speaker, I Baccalaureate (IB) program and home to Jef- plishments. rise today to offer my sincerest congratulations ferson County’s first Boys and Girls Club.

VerDate Sep 11 2014 13:35 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00004 Fmt 0689 Sfmt 9920 E:\BR12\E28NO2.000 E28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15762 EXTENSIONS OF REMARKS, Vol. 158, Pt. 11 November 28, 2012 Among her successes, Kathy is president of upon their progeny’s strengths to avoid the pit- INTRODUCTION OF THE COLUMBIA the Metro City and County Management Asso- falls of youth. NATIONAL PARK SYSTEM CRIT- ciation and sits on the Jeffco Schools Capital Mr. Speaker, may our country continue to ICAL AUTHORITIES ACT OF 2012 Asset Advisory Committee. Also, Kathy was benefit from the civic actions of committed and appointed by Governor Hickenlooper to the laudable community leaders such as Eric L. HON. ELEANOR HOLMES NORTON Red Rock’s Community College President’s Adams. OF THE DISTRICT OF COLUMBIA Advisory Council. IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, I urge my colleagues to join I extend my deepest congratulations to Wednesday, November 28, 2012 Kathy Hodgson for her well deserved honor by me in paying tribute to New York State Sen- the West Chamber serving Jefferson County ator Eric Adams. Ms. NORTON. Mr. Speaker, The National and to thank her for her commitment to our Park System Critical Authorities Act of 2012, community. I have no doubt she will exhibit f which I introduce today, is a bill that I have the same dedication and character in all her worked on with the National Park Service future accomplishments. HONORING CONGREGATION (NPS), at its request, to create greater effi- ciency and to address three common-sense f AHAVATH SHOLOM issues: (1) snow removal from federal agency TRIBUTE TO ERIC ADAMS property in the District of Columbia, (2) visitor HON. KAY GRANGER and employee access to historic NPS property in Virginia, and (3) uniform penalties for viola- HON. EDOLPHUS TOWNS OF TEXAS OF NEW YORK tions on NPS lands. Section two of the bill amends a 1922 law IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES by making federal agencies in the District re- Wednesday, November 28, 2012 Wednesday, November 28, 2012 sponsible for the removal of snow and ice in public areas associated with their buildings. Mr. TOWNS. Mr. Speaker, I rise today to Ms. GRANGER. Mr. Speaker, I rise today to For years, agencies have taken this common- pay tribute and to honor Eric L. Adams, a honor Congregation Ahavath Sholom for its sense approach in the District and assumed former Captain of the New York City Police 120 years of dedication to the Fort Worth Department and current member of the New this responsibility, but the law has never been community. Congregation Ahavath Sholom York State Senate. updated to reflect the practice, leaving NPS was established in 1892, and is the oldest As a Captain in the NYPD, Eric Adams be- with legal liability. This bill simply brings the Jewish congregation in Fort Worth, Texas. came well-known to New Yorkers as a tireless law in line with current practice. and thoughtful advocate for the people and Led by Rabbi Andrew Bloom and Cantor Section three of the bill promotes greater ef- communities he served, and he earned wide- Shoshana Abrams, this Conservative Con- ficiency and protection to NPS, the Central In- spread praise for creating innovative programs gregation holds a deep commitment to Tikkun telligence Agency (CIA), and the Federal High- on issues ranging from conflict resolution to Olam, repairing of the world. Through inter- way Administration (FHWA) by authorizing a child abuse prevention. Eric Adams co-found- faith programs and outreach, Congregation small interagency land exchange near the ed 100 Blacks in Law Enforcement Who Care, Ahavath Sholom acts upon this commitment. George Washington Memorial Parkway. Cur- rently, Colonial Farm Road provides public a group comprised of law enforcement per- For many years the congregation has col- and staff access to Claude Moore Colonial sonnel and their supporters, to provide assist- lected food for the Tarrant County Food Bank Farm (the Farm), but also serves as an en- ance and subsidies to community-based orga- on Yom Kippur, the holiest day of the Jewish nizations that strive to improve their neighbor- trance road to the CIA’s George Bush Center calendar. This year, Congregation Ahavath for Intelligence and the FHWA Turner Fair- hoods. He also is a former Chairperson of the Sholom is holding its 2nd Annual Community- Grand Council for the Guardians and serves banks Research Center. NPS and FHWA wide Chanukah Candle Lighting in which the on the board of the Eastern District Coun- have a written agreement permitting visitor ac- City of Fort Worth has joined as an official seling Service, an organization that assists cess to the Farm. However, the three agen- sponsor. Mayor Betsy Price and I will serve as former substance abusers to live productive cies have discussed concerns over crossing honorary candle lighters. lives without dependency on drugs or alcohol. property lines, the need to improve security On November 7, 2006, Captain Adams ended Chanukah, the Festival of Lights, com- and add perimeter fencing, and the need to his 22-year career in the New York City Police memorates the rededication of the Temple in have uninterrupted access to their properties. Department; Eric L. Adams traded his blue Jerusalem after the Jewish victory over an op- The agencies have identified parcels on their uniform for a blue suit when the residents of pressive army of Syrians and Greeks in 165 boundaries suitable for exchange that will pro- the 20th Senatorial District elected him to the B.C.E., who had not allowed the Jewish peo- vide access to the Farm, and provide the New York State Senate. ple to live or worship freely. This Festival cele- means to improve security for the CIA and Eric Adams is well known for his efforts in brates the freedom of religion, culture and FHWA facilities. closing the gap through changing relationships self-determination that God has granted to all Section four of the bill eliminates inconsist- between law enforcement and the residents of human beings—a founding principle of our encies in federal penalties for crimes com- New York’s diverse neighborhoods. His highly- country. mitted in certain park units. The inclusion of a number of military and historic sites in the Na- regarded instructional workshops, ‘‘What To Congregation Ahavath Sholom participated Do When Stopped By The Police,’’ has helped tional Park System during the 1930s resulted in Mayor Betsy Price’s ‘‘Connect with the thousands of young people throughout New in a disparity in criminal penalties, which un- Community’’ program on October 25th. During York learn to interact more appropriately with dermines fair and effective law enforcement the ceremony, the Congregation was honored the police by using established conflict resolu- and criminal prosecution. The bill would rem- for its participation in the Tarrant Area Com- tion skills. The forums have been duplicated edy this problem by making violations subject munity of Churches and Fort Worth Housing throughout the country and provided a genera- to the same penalties. Authority’s ‘‘Clean for Quarters’’ program—a tion of youngsters with a better understanding I ask that my colleagues support this no- program allowing those who were formerly of reliable methods to resolve difficult con- cost bill. homeless to have clean clothes ready for job flicts—not only with the police, but also with f interviews and work assignments. teachers, peers, and others. Senator Adams JEANNE OLIVER also created a series of free public safety Through Rabbi Bloom’s involvement and seminars for New York City parents to ad- leadership, the congregation has enjoyed new HON. ED PERLMUTTER dress issues including gang awareness and initiatives in the areas of pluralism and cultural OF COLORADO child abuse prevention and to review methods diversity in collaboration with the Fort Worth IN THE HOUSE OF REPRESENTATIVES to protect children from abduction. He also Intermediate School District, and has worked created an annual ‘‘Cradle to College’’ Parent to foster greater understanding between faiths Wednesday, November 28, 2012 and Youth Empowerment Seminar to em- with its neighboring churches, the Brite Divinity Mr. PERLMUTTER. Mr. Speaker, I rise power families and enable parents to build School and Texas Christian University. today to recognize and applaud Jeanne Oliver

VerDate Sep 11 2014 13:35 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00005 Fmt 0689 Sfmt 9920 E:\BR12\E28NO2.000 E28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 EXTENSIONS OF REMARKS, Vol. 158, Pt. 11 15763 for her continued commitment to our commu- on the board she was Chairperson of the Po- CONGRATULATING JACK TAYLOR nity. lice, Fire and Safety Committee. Edna now AND THE GRINNELL COLLEGE Jeanne Oliver is an essential member of the Chairs the Health Hospital and Social Services BASKETBALL TEAM executive management team for the Jefferson Committee. She is currently in her third year Center for Mental Health. Her position encom- as Chair of the Board of Directors for North- HON. BRUCE L. BRALEY passes many roles including corporate com- east Brooklyn Housing Development Co. OF IOWA munication, marketing and fund development. In recognition of her services she has re- IN THE HOUSE OF REPRESENTATIVES Jeanne is the center’s Public Information Offi- ceived citations from me, City Councilwoman Wednesday, November 28, 2012 cer and is a part of its Political Action Net- Robinson, The NYC Police Department, The work. 79th Precinct Council, The Brooklyn Job Mr. BRALEY of Iowa. Mr. Speaker, I rise Jeanne is an expert in crisis management Corps, A.I.D.P. at P.S. 26, Hebron Baptist today to congratulate Jack Taylor and the and presents nationally on crisis communica- Church, Greater Cross Road Baptist Church, Grinnell College basketball team. On Novem- tion. Her commitment to aiding members of Bridge Street Development Corporation, The ber 20th, Taylor broke the NCAA single game our community throughout times of crisis was Bedford Stuyvesant Community Block Asso- scoring record by scoring 138 points in one instrumental in helping families after the Col- ciation and The National Night Out Committee. game. The Grinnell Pioneers won by a final umbine shootings, the recent wildfires and the score of 179 to 104. Aurora movie theater tragedy. Edna is a very active mother in the lives of Taylor, a sophomore at Grinnell, broke the Through her concerted efforts to secure pri- children, D’Shawn & Fred, her son-in-law NCAA record by 25 points. The previous scor- vate donations and grants, Jeanne has helped Mark, and two grandchildren, Markell and ing record was set at 113 points back in 1954. the Jefferson Center better serve the mentally Kayla. She is Choir Director, Trustee, Chair of Taylor attempted an astonishing 108 shots, an ill in our communities during these hard eco- the Pastor’s Aide Committee and member at average of one shot every 20 seconds. Over- nomic times. It is thanks to her commitment The Greater Cross Road Baptist Church. She all, Taylor made 52 out of his 108 scoring at- and outstanding leadership, the Jefferson is also an original member of Naomi Shelton tempts. He also made 27 of his 71 3-point at- Center for Mental Health’s donations have and the Gospel Queens singing all over the tempts. His record setting game drew praise grown substantially. Jeanne truly epitomizes United States and Canada. from some of the NBA’s biggest stars. Taylor every aspect of a selfless steward to the com- Mr. Speaker, I would like to recognize Mrs. was also interviewed on Sports Center, Good munity. Edna Johnson for her commitment to our Morning America and the Today Show about I extend my deepest congratulations to Brooklyn community. the game. When asked about the game, Tay- Jeanne Oliver for her well deserved honor by lor said he was thankful to his teammates for the West Chamber serving Jefferson County. f their support and their willingness to give him I have no doubt she will exhibit the same dedi- the ball so he could try and break the record. cation and character in all her future accom- TRIBUTE TO EAGLE SCOUT HENRY Taylor said he would not have been able to plishments. OBERMAN break the record without their help. f Next year, I will have the honor and privi- lege to represent Grinnell College in the TRIBUTE TO EDNA M. JOHNSON HON. TOM LATHAM House of Representatives. I’m proud to have OF IOWA Grinnell College in my new district and I con- HON. EDOLPHUS TOWNS gratulate both Jack Taylor and the Pioneers IN THE HOUSE OF REPRESENTATIVES OF NEW YORK basketball team on their record breaking vic- IN THE HOUSE OF REPRESENTATIVES Wednesday, November 28, 2012 tory last week. f Wednesday, November 28, 2012 Mr. LATHAM. Mr. Speaker, I rise today to Mr. TOWNS. Mr. Speaker, I rise today to recognize and congratulate Henry Oberman of TRIBUTE TO REVEREND RANDY pay tribute and to honor Edna Johnson, for Clive, Iowa for achieving the rank of Eagle LEE WARE her contribution to her community and dedica- Scout. tion to my Brooklyn office. The Eagle Scout rank is the highest ad- HON. EDOLPHUS TOWNS Edna Johnson was born and raised in small vancement rank in scouting. Only about five OF NEW YORK steel mill town in Clairton, Pennsylvania, the percent of Boy Scouts earn the Eagle Scout IN THE HOUSE OF REPRESENTATIVES youngest of nine children where her parents Award. The award is a performance-based Wednesday, November 28, 2012 also raised four of their grandchildren. She achievement with high standards that have studied music at the Hayes Schools of Music been well-maintained over the past century. Mr. TOWNS. Mr. Speaker, I rise today to in Pittsburgh at a very young age. After grad- pay tribute and to honor to Reverend Randy uating from Clairton High School she relocated To earn the Eagle Scout rank, a Boy Scout Lee Ware for his ongoing service to his com- to New York City where she lived in Manhat- is obligated to pass specific tests that are or- munity. tan for over 30 years. She joined Broadway ganized by requirements and merit badges, as Reverend Ware is a native of Brooklyn, New United Church of Christ and served as Dea- well as completing an Eagle Project to benefit York and now resides in Arverne, New York. con, Trustee, and Steward. The church took it the community. For his project, Henry raised He received his elementary education at P.S. upon itself to pay her college expenses, which over one thousand dollars as he oversaw the 191 and high school education at Fort Ham- led her to Pace University in the evenings for installation of a meditation garden at Heartland ilton High School in Brooklyn. He went on to seven years before receiving a BA in Political Presbyterian Church. The work ethic Henry continue his education at Staten Island Com- Science. has shown in his Eagle Project and every munity College for two years. In May 1990 he Edna previously worked as a Parent Orga- other project leading up to his Eagle Scout completed his B.A. degree in Liberal Arts and nizer working with parents in the public rank speaks volumes of his commitment to Psychology from the College of New Rochelle schools. While living in Manhattan she be- serving a cause greater than himself and as- and in May 2011 he received his Master of Di- came chairperson of the Tenant Association in sisting his community. vinity degree from New York Theological Sem- Clinton Towers for five years. Edna also Mr. Speaker, the example set by this young inary. Reverend Ware has been accepted to chaired the 79th Precinct Community Council man and his supportive family demonstrates the doctoral programs at the New York Theo- for six years where she changed the attitudes the rewards of hard work, dedication and per- logical Seminary. of people in the community to work with the severance. I am honored to represent Henry Reverend Ware joined Berean Missionary local police. and his family in the United States Congress. Baptist Church in 1977 and was baptized Edna served as Special Assistant to in my I know that all of my colleagues in the House under the leadership of the late Dr. Hylton L. office serving the 10th Congressional District will join me in congratulating him on obtaining James. He entered the ministry at Berean in in Brooklyn. She is also a member of Commu- the Eagle Scout ranking, and I wish him con- 1983 under the leadership of Reverend Gus nity Board 3 and has received several cita- tinued success in his future education and ca- Roman. On April 12, 1992, under the leader- tions for perfect attendance. In her first year reer. ship of Dr. Arlee Griffin Jr., he was ordained.

VerDate Sep 11 2014 13:35 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00006 Fmt 0689 Sfmt 9920 E:\BR12\E28NO2.000 E28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15764 EXTENSIONS OF REMARKS, Vol. 158, Pt. 11 November 28, 2012 He was an associate minister at Berean Mis- and her storied career. She has been an icon has been an instrumental and continuous sionary Baptist Church and was involved in of Bay Area journalism, and the first African- member of the leadership team that has trans- the Christian Education Department, taught American reporter on the West Coast of the formed Reed Elsevier from a broad-based tra- the Young Adult Sunday School class and United States. ditional print publisher to a world leading pro- taught at the Berean Bible Institute. He served Belva Davis was born in Monroe, Louisiana, vider of digital information solutions across sci- two years as the interim minister at Kenilworth on October 13, 1932, to John and Florence entific, health, legal and risk markets. Reed Baptist Church, Brooklyn. Davis. She moved with her parents and three Elsevier helps its professional customers im- In October 2004, Pastor Ware was ap- younger siblings to West Oakland at the age prove outcomes by helping them to make bet- pointed 2nd Vice President of the Congress of of eight, and the family later moved to Berke- ter decisions, get better results and be more Christian Education for the New York Progres- ley. Belva graduated from Berkeley High productive. sive Baptist State Convention, Inc. In August School in 1951, the first in her family to grad- In addition to serving its professional cus- 2005, Pastor Ware preached at the Progres- uate from high school, married at the age of tomers, Reed Elsevier is committed to contrib- sive National Baptist Conference’s Ministers 20, and had two children. Belva’s first job was uting to society in the many ways its busi- Seminar in Detroit, Michigan. In October 2011, as a typist, and next as a freelancer for Jet. nesses are uniquely equipped. Elsevier plays Pastor Ware became the President of the New She began writing for the Sun Reporter and an important role in advancing science and York Progressive Baptist State Convention, the Bay Area Independent, and in 1961 she improving healthcare through its information Inc. In the same month, he was also unani- became an on-air interviewer for KSAN. She solutions, of which the U.S. is the largest con- mously voted in as the Moderator of the New made her television debut hosting an African- tributor. LexisNexis Risk Solutions provides York Missionary Baptist Association. Reverend American beauty pageant. In 2010 she pub- important information to law enforcement Ware also worked at Metropolitan Hospital for lished her autobiography, Never in my Wildest agencies across the country to help them lo- 21 years and is presently employed at the Dreams: A Black Woman’s Life in Journalism, cate missing children, investigate crimes and New York City Department of Education. which begins with her story of being chased track down criminals. LexisNexis Legal & Pro- Mr. Speaker, I would like to recognize Rev- from the 1964 Republican Convention at the fessional is dedicated to advancing the Rule of erend Randy Lee Ware as an outstanding cit- Cow Palace in San Francisco by a threatening Law around the world and has provided thou- izen and commend him on his commitment to crowd screaming racist slurs. sands of hours of pro bono work to protect his community. During her news career, Belva Davis cov- basic human rights and help promote fair and f ered the birth of the Black Panthers, the as- equal justice for all. Reed Exhibitions and sassination of Mayor George Moscone, and Reed Business Information bring communities LYNN JOHNSON the Free Speech Movement at Berkeley. She together by enhancing productivity and effi- has interviewed countless world leaders, an- ciency. HON. ED PERLMUTTER chored hundreds of news programs on several When Mr. Armour joined Reed Elsevier in OF COLORADO stations, and been part of many organizations, 1995 just 4 percent of the company’s $5.8 bil- lion revenue was derived from electronic prod- IN THE HOUSE OF REPRESENTATIVES including the Museum of the African Diaspora, which she was instrumental in creating. ucts. Today, Reed Elsevier is a $9.6 billion Wednesday, November 28, 2012 Belva Davis has earned countless acco- business employing over 30,000 people Mr. PERLMUTTER. Mr. Speaker, I rise lades. She was inducted into the Bay Area across more than 100 locations worldwide, today to recognize and applaud Lynn Johnson Radio Hall of Fame in 2007, and has been with nearly 65 percent of revenues sourced for her service to our community. awarded two honorary doctorate degrees. She electronically. In the United States, Mr. Armour Lynn is the epitome of a collaborator. She has earned six regional Emmy Awards, and has helped to grow Reed Elsevier from a busi- works hard to ensure bipartisanship and takes received the Lifetime Achievement Award from ness with approximately $2.4 billion in revenue pride in her ability to help organizations reach the National Academy of Television Arts and and 11,500 employees in 1995 to a $5.2 bil- common ground in order to best work together Sciences in 1996. Leader NANCY PELOSI said lion business with over 16,000 employees to meet a common goal. In 2009, Lynn col- of Belva, ‘‘When she speaks, people listen.’’ today. During his time at Reed Elsevier Mr. laborated with local county Commissioners Mr. Speaker, I ask the entire House of Rep- Armour has also made significant contributions around the state to find ways for state and resentatives to join me in expressing our to his profession, serving on a number of advi- local governments to be less adversarial and deepest gratitude to Belva Davis for her inspir- sory panels and working groups for the UK more willing to work together to achieve great- ing leadership of countless women who seek government and the Financial Reporting er results. careers in broadcasting, and for the thousands Council. As a result of her efforts, Lynn created of hours of quality television she has provided Mr. Speaker, please join me in congratu- ‘‘REAL Colorado’’ a program now starting to as host of ‘‘This Week in Northern California’’ lating Mr. Armour on his achievements and take effect. Also, Lynn is focusing on creating on KQED, from which she retired in Novem- thanking him for his contribution and dedica- two new initiatives at Human Services to bol- ber, 2012. We wish Belva and her beloved tion to Reed Elsevier and its employees. ster our local economy. She created the Jeffco husband Bill Moore every blessing as they f Prosperity Project which partners with Jeffco enjoy the fruits of their well-deserved retire- BETTY PROCTOR Public Schools to address poverty in our com- ment. Because of her first rate profes- munity. In her spare time, she also created the sionalism, broad knowledge and intellect, she HON. ED PERLMUTTER AddONE Campaign to generate jobs and has informed Bay Area citizens for decades, OF COLORADO boost the economy. strengthening our communities, our country IN THE HOUSE OF REPRESENTATIVES I extend my deepest congratulations to Lynn and our democracy. Wednesday, November 28, 2012 Johnson for her well deserved honor by the f West Chamber serving Jefferson County. I Mr. PERLMUTTER. Mr. Speaker, I rise have no doubt she will exhibit the same dedi- IN HONOR OF MR. MARK ARMOUR today to recognize and applaud Betty Proctor cation and character in all her future accom- for her continued service to our community. plishments. HON. RICHARD E. NEAL Betty Proctor founded the organization, f OF MASSACHUSETTS Helping Hearts and Hands, to give thousands IN THE HOUSE OF REPRESENTATIVES of people a second chance. For over 30 TRIBUTE TO BELVA DAVIS years, her organization has helped people in Wednesday, November 28, 2012 our community who are facing eviction, utility HON. ANNA G. ESHOO Mr. NEAL. Mr. Speaker, I rise today to rec- shutoff, life saving prescriptions or other ne- OF CALIFORNIA ognize Chief Financial Officer of Reed Elsevier cessities such as car repairs to get to work. IN THE HOUSE OF REPRESENTATIVES Mark Armour as he announces his retirement Betty’s personal commitment to the commu- from the company. Mark Armour has been nity spans for more than 50 years. Betty con- Wednesday, November 28, 2012 with Reed Elsevier for over 17 years and is tinues to help those in need find a way out of Ms. ESHOO. Mr. Speaker, I rise today to the longest serving Chief Financial Officer in the proverbial rock and hard place. After retir- honor an extraordinary woman, Belva Davis, the FTSE–100. During his tenure, Mr. Armour ing from her position as a caseworker, Betty

VerDate Sep 11 2014 13:35 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00007 Fmt 0689 Sfmt 9920 E:\BR12\E28NO2.000 E28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 EXTENSIONS OF REMARKS, Vol. 158, Pt. 11 15765 founded the organization Helping Hearts and assistant principal and her life goal and aspira- Mr. Speaker, Ms. Neal is retiring from Wil- Hands. Now, at 80 years of age, Betty advo- tions are to produce successful students and son County Register Deeds after a remarkable cates for seniors in our community. citizens. 40 years of service on December 3. I extend my deepest congratulation to Betty Mr. Speaker, I call on my colleagues to join As she enters this new chapter in her life, Proctor for her well deserved honor by the me in recognizing the contributions and ac- I ask my colleagues to join me in showing West Chamber serving Jefferson County. I complishments of Ms. Dorothy Small. gratitude for Audrey’s service, and in con- have no doubt she will exhibit the same dedi- f gratulating her on retiring. Congratulations Au- cation and character in all her future accom- drey, well done. plishments. HONORING THE GRADUATES OF THE ROOFER’S LOCAL UNION 26 f f PRISCILLA BOHL TRIBUTE TO DOROTHY SMALL HON. PETER J. VISCLOSKY OF INDIANA HON. ED PERLMUTTER HON. EDOLPHUS TOWNS IN THE HOUSE OF REPRESENTATIVES OF COLORADO OF NEW YORK Wednesday, November 28, 2012 IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Mr. VISCLOSKY. Mr. Speaker, it is with Wednesday, November 28, 2012 Wednesday, November 28, 2012 great sincerity and respect that I offer con- Mr. PERLMUTTER. Mr. Speaker, I rise Mr. TOWNS. Mr. Speaker, I rise to cele- gratulations to several of Northwest Indiana’s today to recognize and applaud Priscilla Bohl brate and pay tribute to Ms. Dorothy Small for most talented, dedicated, and hardworking in- for her outstanding service to our community. her contributions to the community. dividuals. On Saturday, December 1, 2012, Priscilla’s passion for business and eco- Professor Dorothy Small has dedicated her the Roofers Local Union 26 will honor the nomic development is exemplified through her life to strengthen the growth and development graduating class of 2012 at the Annual Ap- efforts with the Jefferson County Career Cen- of children from all areas of the world. Pro- prentice Graduation Banquet, which will be ter and collaborating with local businesses to fessor Small was born in Colon, Panama. She held at the Patio Restaurant in Merrillville, In- match the unemployed with jobs. attended Elementary School at Escuela diana. Priscilla was instrumental in the develop- Republica del Paraguay and continued her At this year’s banquet, the Roofers Local ment and implementation of the successful education at Abel Bravo High School. Pro- Union 26 will recognize and honor the fol- AddONE campaign, an initiative to generate fessor Small initiated studies for a Spanish lowing individuals who have completed their local jobs. She worked tirelessly to bring to- professorship at Panama University in 1955 apprentice training in 2012: Jeremy Villarruel, gether elected officials, local businesses, and and graduated in 1960. She continued Grad- Curtis Mueller, Jason Gutierrez, Jeremy economic development professionals to bol- uate Studies at Panama University and ob- Marsh, Mike Sallee, Fausto Jimenez Jr., Kevin ster AddONE’s efficacy. tained a Ucentiate in Philosophy and Letters Cooper, Travis Nuss, Chris Kittle, Tommy Priscilla serves on the Advisory Council of with Specialization in Spanish in 1962. In 1963 Haynes, and David Garcia. the Jefferson County Business Resource Cen- she attended the Interamerican University of Northwest Indiana has a rich history of ex- ter and the Jefferson County Advanced Manu- Coahuila, Mexico and obtained a Masters De- cellence in its craftsmanship and loyalty by its facturing Council. Priscilla also works with var- gree in Spanish Grammar and Literature. tradesmen. These graduates are outstanding ious tactical teams related to the Governor’s Ms. Small migrated to the United States in examples of each. They have mastered their Blueprint for targeted industries in the State of 1966 and attended Columbia University pur- trade and have demonstrated their loyalty to Colorado. I extend my deepest congratulations to Pris- suing studies toward school administration. both the union and the community through cilla Bohl for her well deserved honor by the She graduated in 1969 and obtained a Profes- their hard work and tireless dedication. West Chamber serving Jefferson County and sional Diploma. Upon graduating from Colum- Mr. Speaker, I ask that you and my other thank her for her commitment to the commu- bia University she worked for Cornell Univer- distinguished colleagues join me in congratu- nity. I have no doubt she will exhibit the same sity as a bilingual research associate. Her du- lating these dedicated and hardworking indi- dedication and character in all her future ac- ties were to instruct low-income homemakers viduals. Along with the other men and women complishments. in home management and consumer edu- of Northwest Indiana’s unions, these individ- cation. From 1974 to 1977 she served as a di- uals have committed themselves to making a f significant contribution to the growth and de- rector of education in the South Bronx for drug TRIBUTE TO BEATRICE GONZALEZ addicts and alcoholics. Her mission was to velopment of the economy of the First Con- gressional District, and I am very proud to rep- place them in schools and jobs after rehabilita- HON. EDOLPHUS TOWNS tion. Ms. Small joined the Board of Education resent them in Washington, D.C. OF NEW YORK in 1977 as a bilingual teacher. In 1979 she f IN THE HOUSE OF REPRESENTATIVES transferred to bilingual special education in RECOGNIZING THE RETIREMENT order to guide and assist Hispanic students OF AUDREY NEAL Wednesday, November 28, 2012 who were wrongfully placed. With the assist- Mr. TOWNS. Mr. Speaker, I rise today to ance of the Board of Education, she continued HON. G. K. BUTTERFIELD pay tribute to Ms. Beatrice Gonzalez. She in- her studies in special education at Brooklyn OF NORTH CAROLINA herited her love for serving people and her College. IN THE HOUSE OF REPRESENTATIVES community from her father Mr. Salvador and In 1982, she obtained a Master of Science mother Pilar Gonzalez, who were part of the Degree in Education with Specialization in Wednesday, November 28, 2012 founding members of the Puerto Rican Mer- Children with Special Needs. Professor Small Mr. BUTTERFIELD. Mr. Speaker, I rise chants Association in the 1950’s in Browns- served in the evenings as an adjunct pro- today to recognize the career of Ms. Audrey ville, Brooklyn. Ms Gonzalez is a devoted sin- fessor of spanish at Bronx Community College Neal. After four decades of faithfully serving gle mother to her son Julian Michael Perez and at City College for 10 years. Professor the Wilson community, Audrey Neal will retire who has become a well renowned musician. Small is an assiduous community worker. She next month. Ms. Neal began working at the Ms. Gonzalez has acted as a community is a member of the Canarsie Community Wilson County Register of Deeds in 1972 as leader and advocate for the intellectual disabil- Council, the Vice President of the Women’s a Deputy Register of Deeds. In her position ities as the Director of Human Resources and Caucus for Congressman Edolphus Towns, she helped to oversee Wilson County’s real Special Assistant to the President/CEO of the the Trustee for the Day of Independence property and vital records. Federation of Multicultural Programs, Inc. For Committee of Panamanians in New York. She In 2002, Ms. Neal was appointed to com- the past 28 year She has initiated several pro- is also a soloist of the choir of St. Martin plete the unexpired term of then-Register of grams that have enhanced the quality of life Roman Catholic Church and a member of the Deeds, Ms. Celia Brinson. Due to Audrey’s for people with intellectual disabilities through- choir of the Brooklyn Conservatory of Music. leadership and experience, she was elected in out city. She is also a member of many other organiza- 2004 to serve a full term as Register of Ms. Gonzales has been active in programs tions. Currently Professor Small is a retired Deeds, and has been reelected since. that address violence within youth populations

VerDate Sep 11 2014 15:18 Jun 27, 2017 Jkt 019102 PO 00000 Frm 00008 Fmt 0689 Sfmt 9920 E:\BR12\E28NO2.000 E28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD 15766 EXTENSIONS OF REMARKS, Vol. 158, Pt. 11 November 28, 2012 working with community leaders, State Legis- (U.S. Army-Ret) Lee F. Kichen of Sarasota, Association, and the Benevolent and Protec- lators and clergy. Ms Gonzalez is well known Florida. Colonel Kichen is a great American tive Order of the Elks. for her tenacity, hard work and generosity to- who recently retired after decades of service Lee is on the Board of Directors of the 3rd wards those who are less fortunate in our so- to his country and his fellow veterans. Cavalry Association. He served as President ciety. Mr. Speaker, Beatrice Gonzalez is truly Colonel Kichen most recently served as a of the Sarasota County Veterans Commission one of the New York City’s unsung heroes. state service officer with the Veterans of For- from 1999–2002. He is the Vice Chairman of Mr. Speaker, I urge my colleagues to join eign Wars (VFW) at the Veterans Affairs Re- the Sarasota National Cemetery Advisory me in paying tribute to Ms. Beatrice Gonzalez. gional Office in St. Petersburg. He was also Committee. He also serves on Senator f the VFW’s state legislative chairman. Succes- George Lemieux’s and Congressman VERN sive VFW Commanders in Chief also ap- BUCHANAN’s Service Academy Selection HONORING THE LIFE OF pointed Lee to the National Security and For- Boards REVEREND JIMMY PYLES eign Affairs Committee, National By-Laws and He was recognized by Veterans of Foreign Resolutions Committee, Veterans Services Wars Post 3233 as its Man of the Year, Elks HON. RODNEY ALEXANDER Resolution Committee and the National Legis- Lodge #2495 as its Citizen of the Year, the Bradenton-Sarasota Chapter of the Military OF LOUISIANA lative Committee. In these positions, he has been a tireless and effective advocate for our Order of the World Wars with the Silver Pat- IN THE HOUSE OF REPRESENTATIVES rick Henry Medallion for Patriotic Service and Veterans. Wednesday, November 28, 2012 by the Sarasota County Veterans Commission As a state service officer for the VFW and as its Veteran of the Year. Mr. ALEXANDER. Mr. Speaker, I rise today in a previous position as a veterans service of- to honor the life of Reverend Jimmie Pyles of On behalf of the people of Florida’s 13th ficer for Sarasota County, Lee has helped District, I thank Lee for his dedicated service Quitman, LA. Reverend Pyles was a beacon countless veterans and their families obtain to our nation and wish him and his wife Carol of light to countless souls during his 60 years from the U.S. Department of Veterans Affairs a happy and healthy retirement. of Methodist ministry, and he will be sorely benefits, such as disability compensation, pen- f missed. sions, health care, and vocational and rehabili- Born on May 20, 1935, Reverend Pyles tation training. TRIBUTE TO SERGEANT GRAHAM grew up in Jonesboro, LA. He received his de- I had the privilege of working with Lee in his gree in theological studies from Southern capacity as VFW legislative chairman on sev- HON. EDOLPHUS TOWNS Methodist University in Dallas, Texas, and eral issues, including the establishment of a OF NEW YORK married Dessie Hinton Pyles of Quitman. Their national cemetery in Sarasota to ensure area IN THE HOUSE OF REPRESENTATIVES union produced Andy Pyles, who is now the veterans are laid to rest with the respect and Wednesday, November 28, 2012 head football coach at Winnfield High School. dignity they deserve and passage of the Post Pyles’s three grandchildren, Tyler, Dustin, and 9/11 G.I. bill to provide service men and Mr. TOWNS. Mr. Speaker, I rise today to Kayla, were his pride and joy. Reverend Pyles women who have served in active duty since pay tribute and to honor to Master Gunnery was very much a family man who lived an September 11, 2001 with additional education Sergeant Graham for his dedication and com- honorable life, striving to lead by example and benefits similar to those provided in the G.I. mitment to his country. Master Gunnery Sergeant Graham grad- be the best he could be, personally and pro- bill. uated from Thomas Jefferson High School in fessionally. Lee is a native of Framingham, Massachu- Brooklyn, New York in 1981. On February 23, Reverend Pyles’s passion in life was serving setts. 1982 he enlisted in the Marine Corps and at- God and people. He lived this passion every He holds a Bachelor of Arts from the Uni- tended recruit training at the Marine Corps Re- day through his work, while serving as a pas- versity of Massachusetts at Amherst and Mas- cruit Depot in Parris Island, South Carolina. tor of 10 different Methodist churches, on the ter of Arts degrees from Pacific Lutheran Uni- After graduating Recruit Training, Private First board of the United Methodist Children’s versity and Chapman University. Class Graham transferred to the U.S. Army Home in Ruston, at the General Secretary of In addition to his civilian education, Lee is a Transportation School in Forth Eustis, VA for the United Christian Ashram, on the Executive graduate of the Army’s Command and Gen- training in his occupational field. Committee for the World Methodist Council, as eral Staff College at Fort Leavenworth, Kan- In September 1982 after he was transferred Ruston District Supervisor, and in his daily life sas and the Air War College, Maxwell Air to Marine Corps Base, Camp S.D. Butler, Oki- as a husband, parent, and grandparent, Force Base, Alabama. nawa Japan, Graham was promoted to Lance among many other posts he has occupied. He He retired from the United States Army in Corporal and subsequently meritoriously pro- gave freely and generously of himself and his 1997 after twenty-seven years of service as moted to Corporal. On December 1, 1985 he time, and the world is truly a better place for an Armor officer. He served in various com- was promoted to the rank of Sergeant after his efforts. mand and staff positions in the Continental being transferred to Marine Corps Base in In the letter of Saint Paul the Apostle to United States and overseas. Quantico, Virginia. In 1996 he was promoted Timothy, (2 Timothy 2:8–13), Paul says ‘‘If we His military decorations include the Legion to the rank or Gunnery Sergeant. On May 1, have died with him, we shall also live with of Merit, with one oak leaf cluster; the Meri- 2001 he was promoted to Master Sergeant him; if we persevere, we shall also reign with torious Service Medal, with two oak leaf clus- and was ultimately promoted to Master Gun- him.’’ As we remember Reverend Pyles, there ters; the Army Commendation Medal, with two nery Sergeant in February of 2006. can be no doubt that he lived and died in his oak leaf clusters; the Army Achievement His personal decorations include the Navy faith. Reverend Pyles’s life is an example to Medal and the Korea Defense Service Medal. and Marine Corps Commendation Medal, all of us. He also wears the Army Staff Identification Navy and Marine Corps Achievement Medal, To say that he left his fingerprint on the Badge, the Army Superior Unit Award, the Re- Combat Action Ribbon, Navy Unity Com- world would be an understatement. Reverend public of Korea Presidential Unit Citation, the mendation Ribbon 2nd Award, Navy Meri- Pyles brought peace, joy, and spiritual life to Bronze Medallion of the Order of St. George, torious Unity Commendation Ribbon, Maine so many, and he will live in our hearts forever. and the Silver Medallion of the Order of St. Corps Good Conduct Medal 8th Award, Na- f George. tional Defense Service Medal 2nd Award, He is a Gold Legacy Life Member of the South West Asia Service Medal, Global War HONORING LIEUTENANT COLONEL Veterans of Foreign Wars, and a Life Member on Terrorism Service Medal, Korean Defense (U.S. ARMY-RET) LEE F. KICHEN of the Disabled American Veterans, the Vet- Service Medal, Sea Service Deployment Rib- erans of Foreign Wars National Children’s bon 6th Award, Navy Marine Corps Overseas HON. VERN BUCHANAN Home, the Military Officers Association of Ribbon, Drill Instructor Service Ribbon, Kuwait OF FLORIDA America and the Military Order of the World Liberation medal (Saudi Arabia), Kuwait Lib- IN THE HOUSE OF REPRESENTATIVES Wars. eration Medal (Kuwait) and the Iraq campaign He is also a member of the Jewish War Vet- medal. Wednesday, November 28, 2012 erans, the AMVETS, the American Legion, the On December 16, 2011 Master Gunnery Mr. BUCHANAN. Mr. Speaker, I rise today Association of the United States Army, the Sergeant Graham retired from the Marine to honor my constituent, Lieutenant Colonel Armor Association, the United States Cavalry Corps after thirty years of Active Service.

VerDate Sep 11 2014 13:35 Jun 21, 2017 Jkt 019102 PO 00000 Frm 00009 Fmt 0689 Sfmt 9920 E:\BR12\E28NO2.000 E28NO2 pmangrum on DSK3GDR082PROD with BOUND RECORD November 28, 2012 EXTENSIONS OF REMARKS, Vol. 158, Pt. 11 15767 Mr. Speaker, I would like to recognize Mas- I want to commend Lynn for her leadership food pantries, faith-based groups, churches ter Gunnery Sergeant Graham for his out- in addressing the serious challenge of hunger and community centers. They give away standing service to our country. and I extend my deepest gratitude for her bags or boxes of groceries to the needy in the service to our community. I wish her all the District, Northern Virginia and suburban f Maryland. best in her future endeavors. MARGOT ZALLEN The modern, 123,000-square-foot facility is I also submit a recent Washington Post arti- quite a contrast with the cramped, leaky cle on Ms. Brantley’s outstanding career. warehouse where Brantley and others HON. ED PERLMUTTER [From The Washington Post, Nov. 17, 2012] launched the food bank in 1980 in response to OF COLORADO WASHINGTON-AREA HUNGER SEEN AS cuts in federal food stamp programs. The op- eration had two volunteers and used shovels IN THE HOUSE OF REPRESENTATIVES WORSENING (By Robert McCartney) to unload trucks. Wednesday, November 28, 2012 As she prepares to retire, Lynn Brantley, Brantley became chief executive in 1988. Today the food bank has a staff of 133 and Mr. PERLMUTTER. Mr. Speaker, I rise 70, ought to be satisfied with her standout career as a Washington area do-gooder. uses forklifts. today to recognize and applaud Margot Zallen Brantley was active in the civil rights for her outstanding service to our community. Driven by the religious teachings of her Pennsylvania Dutch upbringing, Brantley movement in the 1960s before she got in- Upon receiving her J.D. from the DU Col- has worked for 32 years as a key leader feed- volved in hunger issues as a food stamp out- lege of Law, Margot began working as an at- ing the hungry in our region. A co-founder reach coordinator in Prince George’s County. torney for the U.S. Department of Interior and longtime chief executive of the Capital Her motivation to help the underprivileged (USDOI), representing the U.S. Fish and Wild- Area Food Bank, she helped transform a sprang from her roots in York County, Penn. life Service (FWS). Margot rose through the small operation that served a few thousand ‘‘I went to a Lutheran parochial school and people into a giant clearinghouse that col- my grandparents were Quakers, so I was in- ranks for 33 years until her retirement last grained with a sense of the gospel in terms of year as a senior attorney. lects and helps distribute groceries to nearly half a million needy. where I came from and what I did,’’ Brantley While representing the FWS, Margot worked Despite that success, Brantley remains said. She said food is ‘‘just a profound, moral on many controversial and significant cases unsatisfied. She’s distressed that after so right that people should have.’’ passionately protecting wildlife, endangered many years, the extent of hunger in our re- Although she tried to avoid saying any- species and their habitats in Colorado and gion is much more widespread than when she thing overtly political, it was clear she across the nation. Margot has been tasked began. wished the government would take a bigger role in helping the needy. with many leadership roles within Colorado It used to be that families who relied on charity for food were concentrated in inner- ‘‘This is an important point, and some- such as the creation of the Lookout Mountain city neighborhoods with entrenched poverty. thing for people to really remember. Back in Water District, the Jefferson County Open Now the dependence has spread to numerous the ’70s, before the [food stamp] cuts came, Space Program, and in 1972 helped found lower middle-class neighborhoods in the sub- hunger had nearly been obliterated in this Plan Jeffco. urbs. country,’’ Brantley said. ‘‘When the cuts Margot also facilitated the acquisition, settle- It’s a sobering thought for those of us for- came, we as a country have never rebounded ment and protection of North Table Mountain tunate enough to worry mainly about what from that.’’ and was a founding member of the Canyon the scale will say after we pack away too Now Brantley is looking forward to moving to a Quaker retirement community in Area Residents for the Environment (CARE). many mashed potatoes at the Thanksgiving feast. Lewes, Del. She hopes to spend more time CARE works to protect the foothills and its ‘‘I can say now that the problem seems 10 with her five grandchildren, and to enjoy her mountain backdrops of Jefferson County. times worse than it did when I started out. hobbies of bicycling and bird watching. I extend my deepest congratulations to Mar- It’s a terrible way to be leaving, to be think- She says she worries about the focus in got Zallen for her well deserved honor by the ing that people are worse off than when we Washington on cutting spending for domestic West Chamber serving Jefferson County and began,’’ Brantley said in an interview Thurs- programs. ‘‘We’re looking at cuts coming thank her for her many contributions to our day. down the road. It’s going to be hurting the ‘‘It’s the economy; it’s what’s happening most vulnerable people,’’ she said. community. I have no doubt she will exhibit with the middle class. That’s who’s coming At least she can comfort herself that she the same dedication and character in all her to our agencies now,’’ she said. ‘‘These are devoted her life’s work to softening the blow. future accomplishments. people who are maybe working two and three f f jobs, and can’t make ends meet. These are people who’ve been laid off.’’ TRIBUTE TO MR. WHITTAKER HONORING LYNN BRANTLEY, Brantley was mostly earnest and matter- MACK III PRESIDENT AND CEO OF THE of-fact as she reflected on her career in an CAPITAL AREA FOOD BANK interview in her office at the food bank’s brand-new, sprawling warehouse near Catho- HON. EDOLPHUS TOWNS lic University in Northeast. She is stepping OF NEW YORK HON. FRANK R. WOLF down at the end of the year, to be succeeded IN THE HOUSE OF REPRESENTATIVES OF VIRGINIA by Nancy E. Roman, an executive at the UN Wednesday, November 28, 2012 IN THE HOUSE OF REPRESENTATIVES World Food Programme. Brantley rattled off statistics about hun- Mr. TOWNS. Mr. Speaker, I rise today to Wednesday, November 28, 2012 ger and offered sociological analysis of why pay tribute and to honor Mr. Whittaker Mack III Mr. WOLF. Mr. Speaker, I rise today to rec- the problem continues to exist. But her voice who’s talents and service have been of great ognize and honor Lynn Brantley, co-founder, cracked and she turned visibly emotional at several points when she recalled the need value to his community. president and CEO of the Capital Area Food that she’s witnessed. Whittaker Mack III was born in New York Bank, who will retire at the end of the year. It happened when she described seeing chil- City, the oldest of two children Whittaker Mack Ms. Brantley helped found the Capital Area dren at an after-school meals program at a is a retired NYC Sanitation foreman and real Food Bank 32 years ago and has worked tire- low-income housing community in North- estate developer, and the late Ethel Devone lessly to feed the hungry and serve those in east. Mack, a real estate developer and home- need. The Capital Area Food Bank started as ‘‘They sit down and they just use their maker. His sister, Tiffany, is a math teacher in hands to stuff their mouths, because they a small operation serving a few thousand peo- don’t get an evening meal. People don’t real- the NYC school system, He has been a resi- ple and today is the largest supplier of food to ize the conditions and what people are fac- dent of New York his entire life. He began his people suffering from hunger in the Wash- ing,’’ Brantley said. educational career in the Lutheran private ington metro area. I had the privilege of work- As she spoke, trucks at nearby loading schooling system from kindergarten through ing with Ms. Brantley many times over the docks were delivering fresh produce, canned eighth grade. He graduated from August Mar- years to fight hunger in northern Virginia, in- and dry goods and other food and household tin High in 1984. cluding in 2009 when we established Feds items that the food bank buys or receives as Whittaker is the current Chairperson for the donations. Some is ‘‘salvage’’ food, in slight- Feed Families food drive, a national canned ly dented containers or with nearing use-by Urban Resource Institute, a major non-profit food drive conducted by federal employees dates. organization dedicated to assisting families af- around the country that has collected more At other docks, trucks carried away the fected by domestic violence, mental develop- than 20 million pounds of food. food to 700 nonprofit organizations including ment issues, and substance abuse. He is an

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Counties of New York, the Immediate Past This championship game was a hard-fought Mr. Speaker I call on my colleagues to join President of Alpha Phi Alpha Fraternity, Inc.— defensive battle, with the Eagles keeping con- me in recognizing the contributions and ac- Eta Zeta Lambda of Westchester County stant pressure on their opponent. The Eagles complishments of Ms. Diondra Jade Harp. Chapter lifetime member of the National Black were able to come up with numerous impor- f MBA Association, and an active member in tant stops on defense, and capitalized on the SENATE COMMITTEE MEETINGS local Rotarian Clubs and Chamber of Com- errors of their opponents to earn the victory. merce organizations. The Eagles proved they had the talent, for- Title IV of Senate Resolution 4, Whittaker received his Bachelor’s Degree titude, and resilience to rise to the challenge agreed to by the Senate on February 4, 1977, calls for establishment of a sys- from Duke University and Master’s of Busi- and accomplish their ultimate goal—a State tem for a computerized schedule of all ness Administration in finance and wealth Championship! Teamwork, perseverance, and meetings and hearings of Senate com- management at Fordham University Graduate friendship all contributed to this title. I know mittees, subcommittees, joint commit- School of Business. Currently, Whittaker is the community and the entire Thumb Region tees, and committees of conference. employed as Vice President, JP Morgan Secu- takes great pride in what these young men This title requires all such committees rities, LLC as a financial advisor in the Wall were able to achieve. to notify the Office of the Senate Daily Street area. Prior to Chase, he worked in the Mr. Speaker, it is my pleasure to honor the Digest—designated by the Rules Com- financial services industry with Merrill Lynch hard work and sportsmanship displayed by all mittee—of the time, place, and purpose and LPL. Before working in the financial serv- of the members of the Deckerville Eagles of the meetings, when scheduled, and ices industry, he started his career in the phar- team. I also wish to acknowledge the parents, any cancellations or changes in the maceutical industry in a variety of roles includ- the cheerleaders, the school teachers and ad- meetings as they occur. ing analytical research chemist, formulation re- ministrators, and all of the students, fans, and As an additional procedure along search scientist, production manager, plant community members who came out this sea- with the computerization of this infor- manager, and a pharmaceutical representa- son to support the Eagles. Together they com- mation, the Office of the Senate Daily tive. bined to make this an unforgettable season. Digest will prepare this information for In closing, Mr. Speaker, I want to offer my He is happily married to Keisha Mack, a printing in the Extensions of Remarks personal congratulations and best wishes. All Clinical Nurse Manager for United Health section of the CONGRESSIONAL RECORD the accolades, awards, and trophies are right- Care, and currently resides in Rockland Coun- on Monday and Wednesday of each fully deserved. Way to go Eagles! ty New York. In his free time, Whittaker enjoys week. playing sports, mainly golf and baseball, and f Meetings scheduled for Thursday, No- traveling the world. TRIBUTE TO MS. DIONDRA JADE vember 29, 2012 may be found in the Mr. Speaker, I urge my colleagues to join Daily Digest of today’s RECORD. me in paying tribute to Mr. Whittaker Mack III HARP for his valuable contributions to his commu- MEETINGS SCHEDULED nity. HON. EDOLPHUS TOWNS DECEMBER 4 f OF NEW YORK 2:30 p.m. IN THE HOUSE OF REPRESENTATIVES OUR UNCONSCIONABLE NATIONAL Commerce, Science, and Transportation DEBT Wednesday, November 28, 2012 To hold hearings to examine the nomina- Mr. TOWNS. Mr. Speaker, I rise to cele- tions of Mark Doms, of Maryland, to be Under Secretary of Commerce for Eco- HON. MIKE COFFMAN brate and pay tribute to Ms. Diondra Jade nomic Affairs, Polly Ellen Trottenberg, OF COLORADO Harp for her contributions to the community. of Maryland, to be Under Secretary of Ms. Diondra Jade Harp is a fourth generation IN THE HOUSE OF REPRESENTATIVES Transportation for Policy, Mignon L. member at the historic Berean Baptist Church Clyburn, of South Carolina, to be a Wednesday, November 28, 2012 in Brooklyn, NY where Dr. Arlee Griffin, Jr. is Member of the Federal Communica- Mr. COFFMAN of Colorado. Mr. Speaker, their Pastor and Rev. Byron Benton is the tions Commission, Joshua D. Wright, on January 20, 2009, the day President Youth Pastor. Born in Brooklyn, New York, of Virginia, to be a Federal Trade Com- Diondra says ‘‘I was destined for greatness missioner, and Christopher R. Beall, of Obama took office, the national debt was $ Oklahoma, and Yvonne Brathwaite 10,626,877,048,913.08. and am privileged to be one of the honorees Burke, of California, both to be a Di- Today, it is $16,317,681,766,441.44. We’ve of the Concerned Women of Brooklyn, Inc.’’ rector of the Amtrak Board of Direc- added $5,690,804,717,528.36 to our debt in 3 Ms. Harp is currently a sophomore at Dela- tors. years. This is $5 trillion in debt our nation, our ware State University where she is pursuing a SR–253 economy, and our children could have avoided degree in criminal justice with a 3.4 grade Intelligence with a balanced budget amendment. point average. She is a student mentor for the To hold closed hearings to examine cer- tain intelligence matters. f 2012–2013 incoming freshman class. She is also a member of the Delaware State Univer- SH–219 CONGRATULATIONS TO THE sity Gospel Choir and will join the Concert DECEMBER 5 DECKERVILLE EAGLES HIGH Choir in the spring of 2013. 9 a.m. SCHOOL FOOTBALL TEAM, 8- Diondra’s future professional studies include PLAYER STATE CHAMPIONSHIP Foreign Relations attending law school. Her main goals in life African Affairs Subcommittee have always been to achieve success in a ca- To hold hearings to examine assessing HON. CANDICE S. MILLER reer that involves helping others and to live developments in Mali, focusing on re- OF MICHIGAN her life in a way that may be pleasing to God. storing democracy and reclaiming the north. IN THE HOUSE OF REPRESENTATIVES Diondra attended John Dewey H.S. and served as a peer mediator of the Conflict Res- SD–419 Wednesday, November 28, 2012 olution Program. During her senior year she 10 a.m. Health, Education, Labor, and Pensions Mrs. MILLER of Michigan. Mr. Speaker, it is was elected President of the Student Govern- Business meeting to consider S. 3472, to my distinct privilege today to recognize the ment Organization. She was also a member of amend the Family Educational Rights Deckerville Eagles High School Football the National Society of High School Scholars and Privacy Act of 1974 to provide im- Team. The Eagles capped off a remarkable (N.S.H.S.S.), and was elected to represent provements to such Act, the nomina- and extremely memorable season by bringing New York in the Lead America career and tion of Erica Lynn Groshen, of New

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