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

Vol. 158 WASHINGTON, TUESDAY, DECEMBER 4, 2012 No. 154 House of Representatives The House met at 10 a.m. and was Cut Medicaid, pays for nursing homes Now, that’s a pretty interesting posi- called to order by the Speaker pro tem- for seniors, of course, priority number tion, and their position is the job cre- pore (Mr. HARPER). 2. ators who earn over $250,000 a year will f Cut the already inadequate COLA for go on strike, strike if their tax rates go seniors on Social Security, even up. They won’t produce jobs. DESIGNATION OF SPEAKER PRO though 40 percent of seniors depend Tell me about the jobs they have pro- TEMPORE principally or totally upon Social Se- duced in the last decade with those tax The SPEAKER pro tempore laid be- curity, and the COLA already under- cuts. It doesn’t seem to work, does it? fore the House the following commu- estimates inflation, particularly for But in the Clinton era, when their nication from the Speaker: medical care, prescription drugs, and rates went up to 39.6 from 35, they paid WASHINGTON, DC, other essentials they have to buy. Cut a little bit more and, guess what, the December 4, 2012. that. Not a driver of the deficit but, economy boomed. We had 3.8 percent I hereby appoint the Honorable GREGG hey, why not? Cut that. unemployment, we balanced the budg- HARPER to act as Speaker pro tempore on One more specific, preserve the Bush- et, and we paid down debt. this day. era tax rates for income over $250,000. JOHN A. BOEHNER, But now they’re saying if they went Speaker of the House of Representatives. Now, there’s a big misunderstanding back to those Clinton-era rates, dis- about that. It’s not a tax increase on f aster would result. Well, you know everybody who earns over $250,000. It’s what? MORNING-HOUR DEBATE only the income over $250,000 that That’s the same thing they said when The SPEAKER pro tempore. Pursu- would get additional taxes if the Bush- they opposed Clinton tax increases in ant to the order of the House of Janu- era rates went away and the Presi- ’94. They said disaster will result. Not ary 17, 2012, the Chair will now recog- dent’s proposal was passed. a single Republican, fiscal conserv- nize Members from lists submitted by But, no, they want to preserve that, atives that they are, voted for the in- the majority and minority leaders for totally preserve tax cuts for people creases in taxes that President Clinton morning-hour debate. with income over $250,000. They also put forward, which ultimately led to a The Chair will alternate recognition want to preserve the reduced capital balanced budget and paying down debt between the parties, with each party gains rate and dividends rate which for the first time in 50 years. Not one limited to 1 hour and each Member principally benefits—who else—mil- of them because they said it would other than the majority and minority lionaires and billionaires. bring economic disaster and, instead, it leaders and the minority whip limited Now, they did promise the J. Wel- brought prosperity. to 5 minutes each, but in no event shall lington Wimpy revenue plan. Remem- So they just brought out that old debate continue beyond 11:50 a.m. ber J. Wellington Wimpy? Popeye, I’ll broken record. They glued it back to- f gladly pay you Tuesday for a ham- gether, or maybe they, you know, burger today. translated it into a digital format or THE J. WELLINGTON WIMPY That’s their revenue plan. Next year something, but they’re playing it REVENUE PLAN we’ll close unspecified tax loopholes, again, and it’s as valid now as it was The SPEAKER pro tempore. The but we’re going to lower the tax rates then. Chair recognizes the gentleman from on investor income, lower the tax rates So it’s the same old plan. Stick it to Oregon (Mr. DEFAZIO) for 5 minutes. on the people at the top. But they’re the middle class, stick it to the sen- Mr. DEFAZIO. Well, yesterday the going to raise $800 billion by closing iors, and benefit the ultra-wealthy in Republicans released a vague press re- unspecified loopholes. this country. That’s not a new plan. lease saying it constituted a What would that be? That’s the same old broken record. counteroffer to the President’s road- Do they want to take away the mid- map to avoid driving over the fiscal dle class’ one tax shelter, that is, the f cliff. ability to deduct the interest on their Now, the Republican plan purports to home mortgage? Probably. cut $1.3 trillion and raise $800 billion in If they’re going to raise that $800 bil- SAFER ACT FOR SEXUAL ASSAULT new revenues. It did contain four spe- lion, it’s going to come from something VICTIMS cifics. Four. pretty big, and they don’t want to The SPEAKER pro tempore. The Cut Medicare, specific number 1, $600 touch the billionaire-millionaire job- Chair recognizes the gentleman from billion. creator class. Texas (Mr. POE) for 5 minutes.

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

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VerDate Mar 15 2010 23:57 Dec 04, 2012 Jkt 029060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A04DE7.000 H04DEPT1 jbell on DSK7SPTVN1PROD with H6590 CONGRESSIONAL RECORD — HOUSE December 4, 2012 Mr. POE of Texas. Mr. Speaker, one That’s why I’ve introduced, along curity interests’’ has come to mean in- of the most marvelous scientific break- with Congresswoman MALONEY from vading and occupying foreign nations. throughs in the criminal justice sys- New York, the bipartisan SAFER Act, The Iraq war lasted 9 years and was re- tem has been DNA evidence. I remem- companion bill with the bipartisan bill sponsible for untold human misery. ber when I was a judge in the court- in the Senate by Senator CORNYN and The Afghanistan war, now in its 12th house when DNA started being used at Senator BENNET. year, continues to damage our national the courtroom. The SAFER Act does a lot of good security interests instead of enhancing Prior to DNA, many times prosecu- things, but basically it allows funding them. It hasn’t defeated the Taliban, tors and law enforcement had to rely to go so to make sure that we test nor has it alleviated crushing poverty on blood samples and fingerprints. But these cases. It audits these backlogs so or produced a stable democracy in Af- once DNA came in, we learned that ev- that we know where these cases are ghanistan. And then there’s the cost— erybody has a unique genetic makeup that are sitting on the shelves. So it some $10 billion a month. That would that can be tested and it can be traced does the audit. It gets more funding. It be a staggering amount of money for a to perpetrators of crime when they brings these cases to justice so that we successful policy. For a failed policy, commit a crime, especially in sexual can make sure that these victims of it’s downright scandalous. And it is assault cases. crime have their day in court as well. rarely mentioned in all the conversa- And convictions have gone up. The b 1010 tions about so-called deficit crises and evidence is better. The proof beyond a fiscal cliffs. reasonable doubt is much more con- DNA is a wonderful thing. It’s impor- USAID and other civilian arms of crete in DNA cases. tant that we make sure that that evi- government could do a world of good In 1985, there was a 13-year-old girl dence is available for law enforcement, towards solving the AIDS crisis with a named Lavinia Masters. Lavinia lived prosecutors, and judges in the court- fraction of that money. Why does the in Dallas, Texas. One evening she told room. Pentagon get a blank check while her folks good night. She went to her She was a child. Lavinia was a child agencies that dispense aid have to fight bedroom, which should be, Mr. Speak- when she was sexually assaulted. That for every single nickel that they re- er, the safest place on Earth for chil- was a long time ago. But there are ceive? Why do we spend without re- dren. Went to sleep, and during the 400,000 cases waiting to be tested. This straint on wars and weapons that de- middle of the night, she was woken up is something that we can do in a bipar- stroy lives but we squeeze those pro- by an outlaw putting a knife to her tisan way today, to test those cases so throat. He sexually assaulted her. Then grams that save lives? we can bring justice to the victims of For many years now—and you have he snuck away in the darkness of the crime and make sure those outlaws get night. all heard me; this is my 443rd 5-minute their day in court as well and be held speech on this issue. For many years That was in 1985. She went to the accountable for the rape of children in hospital. Her parents took care of her now, I have been promoting the idea of our country. SMART Security. SMART Security medical needs. DNA evidence was And that’s just the way it is. taken from her and put in a ‘‘rape kit’’. means protecting our interests not It was given to the law enforcement f with military force or by maintaining authorities, but that DNA evidence FIGHTING HIV/AIDS: A PILLAR OF a massive nuclear arsenal, but by in- from that sexual assault that night in SMART SECURITY vesting in development and diplomacy 1985 was not tested for 20 years. It sat and through humanitarian assistance The SPEAKER pro tempore. The and partnerships around the world. on the shelf in a crime lab somewhere Chair recognizes the gentlewoman from in Dallas, Texas. At the AIDS Conference in Wash- California (Ms. WOOLSEY) for 5 min- ington this past summer, there was a Because the Dallas Police Depart- utes. ment had a new incentive to go and panel discussion on how, in the strug- Ms. WOOLSEY. Mr. Speaker, this gle against HIV/AIDS, we can do more look at those old cases, this case was past weekend, we observed World AIDS looked at 20 years later. That evidence with less. And what I want to know is: Day, a time to remember those lost to was tested, and the Dallas Police De- Why do we have to settle for less when this horrific disease and to recommit partment discovered that Kevin Glen it comes to HIV/AIDS? This is a hu- ourselves to prevention, treatment Turner had committed this crime back manitarian crisis. Our sense of moral and, ultimately, a cure. For more than in 1985. But that was 20 years ago. The decency should compel us to invest 30 years now, HIV/AIDS has exacted a statute of limitations had run, and jus- whatever it takes to bring an end to it. huge toll, killing more than 25 million tice could not occur in Lavinia’s case It’s not just the right thing, Mr. people. Every 9.5 minutes in our coun- because the system waited too long to Speaker; it’s the smart thing to do for try, someone is infected. But this is find the outlaw. our national security. Let’s bring our Kevin Turner turned out to be a predominantly a disease of the devel- troops home, let’s implement SMART criminal in other cases and ended up in oping world. A shocking 33.4 million Security now, and let’s have the re- the penitentiary for those crimes, but people are living with HIV/AIDS today, sources available for what we really justice was denied for Lavinia, denied almost all in the world’s poorer coun- need to invest in around the world. because of bureaucratic red tape. tries, particularly sub-Saharan Africa. Too many of them don’t have access to You see, Mr. Speaker, many rape kits f sit on the shelves of evidence rooms the medication and overall health care across the country untested. Some of infrastructure that they need. AFGHANISTAN them sit there so long that they’re dis- AIDS is linked to many other prob- carded by law enforcement, and the lems of poverty, malnutrition, and The SPEAKER pro tempore. The statute of limitations runs like it ran other infectious diseases as well. It Chair recognizes the gentleman from in Lavinia’s case. contributes to instability and a sense North Carolina (Mr. JONES) for 5 min- She is not alone, Mr. Speaker. There of hopelessness in countries that are utes. are 400,000 untested rape kits in this already susceptible to violence and ter- Mr. JONES. Mr. Speaker, I find it so country—400,000, that’s a number; but rorism. If we don’t contain and defeat ironic that our Nation is on the cliff of every one of those represents a person. this epidemic, it will undermine demo- collapse and yet we continue to borrow To try to put it in some perspective, cratic governments, it will continue to money from China to prop up a corrupt there were a little over 400,000 Ameri- impede economic growth overseas, and leader in Afghanistan. Our country is cans killed in World War II. They were it will threaten us right here in the in the most dire of fiscal straits, and killed by the enemies of our country. United States. In other words, this we continue to send money to Afghani- 400,000, primarily young women, have isn’t just an economic issue or a health stan. The worst part is, the money we been assaulted by rapists who try to care issue; it’s a national security are sending, we cannot audit, and kill the soul of these victims. It’s im- issue. many times the taxpayers’ money ends portant that we not stop prosecuting Unfortunately, Mr. Speaker, over the up in the hands of the Taliban to buy these cases because of funding. last decade, ‘‘acting in our national se- weapons to kill Americans.

VerDate Mar 15 2010 23:57 Dec 04, 2012 Jkt 029060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K04DE7.016 H04DEPT1 jbell on DSK7SPTVN1PROD with December 4, 2012 CONGRESSIONAL RECORD — HOUSE H6591 Mr. Speaker, this poster beside me is Spc. Ryan P. Jayne Truman scholar, Phi Beta Kappa and a a book that I read. The title is, ‘‘Fund- Spc. Brett E. Gornewicz Rhodes scholarship, certainly a begin- ing the Enemy.’’ The subtitle is, ‘‘How Petty Officer 2nd Class Matthew G. Kantor ning that did not warrant the kind of U.S. Taxpayers Bankroll the Taliban.’’ Cpl. Alex F. Domion personal attacks that we have seen. Staff Sgt. Kashif M. Memon I would like to quote Lisa Freeman, Sgt. Clinton K. Ruiz I think we should leave politics and who recently acknowledged that we Chief Warrant Officer Michael S. Duskin campaigns and won or lost races to No- have lost 2,000 young Americans in Af- Pfc. Shane G. Wilson vember 6, 2012, for you cannot debate a ghanistan. She lost her son, Captain Sgt. Robert J. Billings political and Presidential campaign Matthew Freeman, in 2007, in Afghani- Spc. Brittany B. Gordon around a patriotic public servant. If stan. Ms. Freeman said: Cmdr. Joel Del Mundo Tiu there is a nomination for Ambassador Where is America’s outrage? Where is Sgt. First Class Ryan J. Savard Rice, the Senate has every right to ad- America’s concern that we’re still at war? Sgt. Thomas R. Macpherson vice and consent, and the votes need to Culinary Specialist 2nd Class Milton W. I agree with Ms. Freeman. Where is Brown be taken on up and down. the outrage here in Congress? Does it Warrant Officer Joseph L. Schiro I can assure you that if she is nomi- make any sense that we continue to Staff Sgt. Justin C. Marquez nated by the President she will serve borrow money from foreign govern- Sgt. Camella M. Steedley this Nation well, as she has done in the ments to prop up a corrupt leader and Sgt. 1st Class Daniel T. Metcalfe past. I know her well as the Assistant half the money going to the leader of Sgt. Thomas J. Butler IV Secretary for African Affairs under the Afghanistan ends up in the hands of the Sgt. Jeremy F. Hardison Clinton administration, dealing with Sgt. Donna R. Johnson Taliban to buy weapons to kill Ameri- very difficult issues involving African Sgt. 1st Class Aaron A. Henderson countries such as Ethiopia and Eretria, cans? Our Nation is broke—China owns Sgt. 1st Class Riley G. Stephens us—and we’re sending our young men Staff Sgt. Orion N. Sparks responsive and detailed. Why in the and our money to Afghanistan, yet Sgt. Jonathan A. Gollnitz world, with others who may have been equally culpable in misunderstanding we’re going to cut programs right here f in America for the American people. what actually occurred on that day— The American people need to put the b 1020 the tragic day where we should be pressure on Congress to bring our DO WHAT’S RIGHT FOR THE speaking more to the loss of brave troops home now and not wait until AMERICAN PEOPLE Americans in Benghazi, Libya—why is December of 2014. Mr. Speaker, I assure she the one that is pinpointed, pin- The SPEAKER pro tempore. The you, if we start bringing them home in pointed, pointed, and with, I think, in- Chair recognizes the gentlewoman from December of 2014, it will become 2015 appropriate accusations, casting asper- Texas (Ms. JACKSON LEE) for 5 minutes. and it will become 2016, and how many sions and doing damage to a reputation Ms. JACKSON LEE of Texas. Mr. more families have to cry about their of service that is undeserving? Speaker, America has always been loved ones being killed in a war that So my words are simply this: let’s be known to rise to the occasion—the has no end to it? fair. Let’s carry on our rights as Mem- Mr. Speaker, again, I ask the people American people, our values—when bers of Congress to speak to the issue to look at this poster and realize that there is a need for us to come together. of what a tragic incident occurred in this war is costing us in so many, many Just a few minutes ago, I sat in for a Benghazi. If there is a nomination— ways—the most important, our young moment on the recapturing of the which I hope there will be—among the men and women who are dying. If you enormous bravery of those who were on many talented people that the Presi- agree with me that we need to bring Flight 93, Americans who came to- dent has, it will be his choice. Senators our troops home before the current De- gether and made a sacrifice. So al- that are eager, friends of mine, Senator cember 2014 deadline, please go to though all my remarks will not speak KERRY and others, may have this op- www.bringthemhome2013.com and sign to the issue of sacrifice, some of what portunity. But let us hold to the the petition. I say this morning speaks to the values premise that you are innocent until Mr. Speaker, I have been to Walter of the American people who always, proven guilty, that someone’s great Reed and Bethesda now so many times when called upon, have said: Send me. service is deserving of respect—and she to see the broken bodies, to see the But first I’d like to speak to an issue is deserving of respect. Susan Rice is faces of the moms and dads with pain of just basic fairness. Let me give great deserving of respect. in their face, to see the young men or respect to the constitutional premise Let me move quickly to this idea women’s faces that know that they will that the Senate has the right to advice that America cannot settle its issues of never be physically able to do what and consent. Of course that comes with financial concern before the fiscal they had done before going to Afghani- the Presidential right to nominate per- deadline. See, there is no cliff, because stan. sons to serve in his or her administra- as we all well know, the simple premise With that, Mr. Speaker, I make one tion—either at the Cabinet level, under of making sure that we have tax cuts last reference. I would hope that col- Secretaries, various appointees— for those making $250,000 and below leagues of mine in both parties would throughout the administration, admin- have the right to follow through on the read this book, ‘‘Funding the Enemy,’’ istrations from years gone by. So I rise President’s premise because this is by Douglas Wissing, ‘‘How the U.S. today to query the character assassina- what the American people voted on. Taxpayers Bankroll the Taliban.’’ tion of Ambassador Susan Rice. She Vote for the tax relief for $250,000 and This is a sin, and it must stop. has not been nominated. below, Mr. Speaker, and move forward Mr. Speaker, I ask God to please We are so fortunate to have such a in reconciliation on doing the right bless our men and women in uniform, dynamic Secretary of State in Hillary thing for Medicare holders, Social Se- to please bless the families of our men Clinton, who has indicated her desire curity, and Medicaid. None of that has and women in uniform, to bless the to leave the administration at the end anything to do with the deficit; there- families who have given a child dying of her term, but has also indicated her fore, we need to know that we are in a for freedom in Afghanistan and Iraq. willingness to continue her work—re- nonstarter position, Mr. Speaker. We And I ask God to help this Congress cently in Syria, possibly even today in need to go forward and reconcile to do come together with the Senate and that devastating area. what is right for the American people. come forward with a plan that we, the Certainly, her partner at the United f American people, can be proud of. I ask Nations for 4 years in diligent, excel- three times, God please, God please, lent, astute, thoughtful and patriotic BUHLER, KANSAS, IS UNDER God please continue to bless America. service has been Susan E. Rice, a ASSAULT NAMES OF RECENTLY DECEASED IN daughter of Washington, D.C. and par- The SPEAKER pro tempore. The AFGHANISTAN ents who loved America, a graduate of Chair recognizes the gentleman from Spc. Daniel L. Carlson Stanford University, where of course Kansas (Mr. POMPEO) for 5 minutes. Pfc. Brandon L. Buttry she earned department honors and uni- Mr. POMPEO. Mr. Speaker, today I Staff Sgt. Dain T. Venne versity distinction, became a Harry S. rise in support of the 1,300 citizens of

VerDate Mar 15 2010 23:57 Dec 04, 2012 Jkt 029060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K04DE7.004 H04DEPT1 jbell on DSK7SPTVN1PROD with H6592 CONGRESSIONAL RECORD — HOUSE December 4, 2012 Buhler, Kansas—and indeed all Kan- going through in trying to figure out the specifics about what those elusive sans—and in fact all Americans who how to proceed. Indeed, the Freedom tax loopholes that they want to close value religious freedom and religious from Religion Foundation knows this. are, which will raise sufficient revenue, liberty. They know that they’ve attacked a I find this an encouraging sign that The citizens of Buhler are under as- city, threatened to sue a city with very there is an effort, for the first time, to sault. They are the latest victims of an few resources. We will have a very dif- put something back, and I think there ungodly extortion racket perpetrated ficult time battling an extended period are opportunities for people to flesh by the Freedom from Religion Founda- of litigation. I do not fault the folks in out the details. There is an oppor- tion based in Madison, Wisconsin. Buhler at all for trying to figure out a tunity for tax reform; our system now On September 14, 2012, the Freedom way to move forward without resulting is not efficient. It’s chaotic. It’s expen- from Religion Foundation sent a letter in litigation. sive. It’s unfair and perplexing. There to the mayor of the town of Buhler, But why didn’t the Freedom from Re- is an opportunity for us going forward Daniel Friesen, alerting him to the ligion Foundation sue the United to add a little more rationality to it foundation’s intent to sue the city for States Congress for all that I spoke while it raises more revenue. its city seal, which contained a cross, about just a minute ago? The reason is There are countless opportunities in and for a billboard that included ele- obvious. The reason is they are being the Department of Defense to save ments of that city seal that was in a bullies. They are seeking to put their money, starting with $250 billion in the city park. Mr. Speaker, this is an out- secular vision in a place where they be- nuclear arsenal for weapons that we rage. The seal and sign are harming no lieve they can do it without opposition, will never use and don’t need. There one; they are widely embraced by the a place that has fewer resources. Folks are opportunities for agricultural re- citizens of Buhler, Kansas. will face a very, very difficult decision The seal contains the words ‘‘tradi- form. And it’s been my pleasure to about how the town and the city should work on bipartisan reform efforts with tional values’’ and ‘‘progressive ideas.’’ move forward. Senator-elect JEFF FLAKE of Arizona Unfortunately, in this case, progressive Mr. Speaker, I hope that this assault and my friend from Wisconsin, PAUL ideas are making war on traditional on religion in the public square will values, and it’s high time for that to RYAN. And there are real opportunities end soon. I am very saddened by the re- in health care. stop. cent events in Buhler, Kansas. I am an- Some will claim that the First gered by the extortionary tactics of the Now I hope my Republican friends Amendment to the Constitution re- Freedom from Religion Foundation. will stop the charade we went through quires the cross to be removed from And, above all, I am determined to en- this last 2 years repealing ObamaCare this seal and sign. That’s hogwash. The sure that the religious heritage of our some 37 times. That train has left the First Amendment begins with the great Nation will not be cast aside. station. The President was reelected. words: ‘‘Congress shall make no law re- It’s not going to be repealed. The Su- f specting an establishment of religion, preme Court has decided that it’s con- or prohibiting the free exercise there- b 1030 stitutional. And most of the major health care players are busy at work of.’’ In this instance, Congress made no AMERICA’S FINANCIAL FUTURE law. For that reason alone the First implementing health care reform. But Amendment does not apply. The SPEAKER pro tempore. The we have barely scratched the surface of Furthermore, it cannot be said that Chair recognizes the gentleman from the ability to squeeze more value out this simple seal in any way is an estab- Oregon (Mr. BLUMENAUER) for 5 min- of the health care system. lishment of religion; meaning that utes. Mr. BLUMENAUER. Mr. Speaker, The United States does not have to there is no officially supported sect or spend nearly twice as much as all the denomination here in the manner that there is a great deal of hyperactive rhetoric about the fiscal cliff and the other developed countries and actually some of the American colonies had. have health care results that, on aver- This is not in any way an endorsement trouble ahead. The fact is that people should just take a deep breath and age, are worse than our European and of any particular religion or any reli- Japanese friends. gious denomination. focus on where we are and where we In short, the First Amendment, as need to go. We have the best health care in the originally written, has nothing to do First of all, it’s not a fiscal cliff but world for some Americans. But too with this city’s sign. Indeed, for the a slope. There are many opportunities many are denied regular health care, first 175 years of our constitutional his- for us in the weeks ahead to be able to and others are paying too much for re- tory, no one would have read the First change the unsustainable trajectory of sults that aren’t good enough. Amendment in any way that would America’s financial future. There are We know what to do: embedded in the have prevented this seal or this sign. many efforts already evident and peo- health care reform act are elements of Mr. Speaker, in this very room in ple taking steps to try to cope with it. reform that used to have bipartisan which I stand, this very Chamber, right The President campaigned very ex- support, starting with the mandate over my right-hand shoulder is a sign plicitly on raising the top tax rates. It that was cosponsored by 16 Republican that says ‘‘In God We Trust.’’ Near the was something that was embraced by Senators, elements of reform that were rotunda of the Capitol is the Congres- Democrats running for the Senate and implemented by Republican and Demo- sional Prayer Room, a chapel that’s virtually all of them running for the cratic Governors alike, including Gov- been in use since 1955 as a place where House. The President won. The Senate ernor Romney. It’s time for us to act Members go to pray for divine guidance actually increased in Democratic num- on those elements, to accelerate the re- in debating the issues of the day. A bers. There were more Democrats form. stained glass window there shows added to the House. And more Ameri- I note with no small amount of irony President George Washington kneeling cans voted for the President and his vi- that the $716 billion that the Repub- in prayer and the words of Psalm 16:1 sion, for the Senate Democrats, and for lican ticket, Mr. Romney and Mr. surround him: ‘‘Preserve me, O God, for Democrats in the House than my Re- RYAN, used to campaign against the in thee do I put my trust.’’ And a Holy publican friends on the other side of President, PAUL RYAN’s budget in- Bible rests on the alter beneath that the aisle. cluded the same reductions, and it’s window in this very building. It’s encouraging that the President Of course I grant you that the First has decided that he’s no longer going likely that they will be in his budget Amendment has been badly interpreted to negotiate with himself. He’s laid out that’s coming forward. by the U.S. Supreme Court. Indeed, the his positions and has encouraged a re- Let’s act on things that we agree. 10th Circuit’s rulings are even more sponse. I, for one, was pleased that Let’s rebuild and renew America and troubling. It could well be that in this there was a proposal offered up by my find ways to save money and put us on case the city would lose this case. Republican friends, signed not just by the path to fiscal responsibility that I don’t fault the citizens of Buhler, the Speaker but the entire Republican the American public needs and de- Kansas, for the process that they’re leadership. While it still does not have mands.

VerDate Mar 15 2010 23:57 Dec 04, 2012 Jkt 029060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K04DE7.005 H04DEPT1 jbell on DSK7SPTVN1PROD with December 4, 2012 CONGRESSIONAL RECORD — HOUSE H6593 WHAT IS THE FISCAL CLIFF? their tax rates will also go up on Janu- Pennsylvania (Mr. MURPHY) for 5 min- The SPEAKER pro tempore. The ary 1. That’s the first part of the fiscal utes. Chair recognizes the gentleman from cliff. Mr. MURPHY of Pennsylvania. Oklahoma (Mr. LANKFORD) for 5 min- The second part of it is the spending Speaking of saving money, here is an utes. decrease that this Congress and the interesting story. Mr. LANKFORD. Well, in a few days, President agreed to last summer. We Just 2 weeks after Texans in Randall we’re going to have to resolve the fis- have dramatically increased spending; County voted for Republican Barry cal cliff—ironically enough, something we have to reduce that spending. That Goldwater over their native son, Lyn- that the House of Representatives spending decrease that was agreed to don Johnson, in the Presidential race passed last May. In April, we set out a had a deadline by the end of this year. in the 1960s, the Pentagon announced tax plan. In May, we set out a seques- If it didn’t, there would be across-the- Randall County’s Air Force base was tration plan, passed it through the board cuts. The House passed all of our closing. Folks were ‘‘flabbergasted’’ House, sent it to the Senate who said, spending decreases in May. The Senate said an Amarillo newspaper columnist. We will see you during the lame duck has yet to pass any. So with that, we’re The Air Force had just made millions time period. stuck with across-the-board cuts that in investments at the base, but now We are in the lame duck now, and kick in early January. airmen and equipment were moving to this has to be resolved. We have to The third part of that is the expira- a nearby county that supported John- solve the problem. But quite frankly, tion of the tax rates for all Americans. son. It was this kind of abuse of executive the first thing we need to do is to be In 2001, in 2003, and then extended dur- ing the lame duck of 2010, every Ameri- power that led Congress to write a new able to define what the problem even can’s tax rates were extended out to law ensuring we had proper oversight is. It seems that one group is talking expire the 31st of December. Every tax over base closures. In my Pennsylva- about how the real problem is the fis- rate from the lowest to the highest is nia’s 18th Congressional District, we’re cal cliff, and the other group is talking set to go up. finding out why that law must be about how the real problem is the debt Now some people see that the prob- strengthened. Last week, I learned the and the deficit. Well, what is the prob- lem is that we’re not taxing enough, Air Force is again attempting to shut lem? The issue is, we have $16.3 trillion and so that solves the problem—to just down the 911th Airlift Wing, an Air in debt as a Nation, $1 trillion or more go off the fiscal cliff, and everyone will Force Reserve base, for a reason that in overspending each year for the last 4 be taxed more. Some people see that we has nothing do with cost or military years. don’t take enough from one group and strategy. In fact, the 911th is one of the Let me set the example of what this give to another group, so we can solve most lean and cost-effective bases in really means: in 2007, our tax revenue— that. Some people have even said, Let’s the country. how much we are bringing into the go back to the Clinton tax rates; with How and why they can do this with- Treasury—was almost exactly what it the Clinton tax rates, we had a boom- out congressional approval is inter- is in 2012. From 2007 to 2012, the rev- ing economy, and we were creating esting. The Air Force claims inac- enue is almost identical. The difference more jobs. Well, to that, I would say, curately there are fewer than 300 civil- is, our spending has gone up $1 trillion well, if increasing taxes increases eco- ian employees authorized to be em- a year from 2007 to 2012, so now that’s nomic activity, why don’t we go to a 95 ployed at the 911th, allowing the Pen- $1 trillion total over the course of that percent tax rate, and then we’ll really tagon to close the base without con- time that’s slowly built up. But each have a booming economy. The reason gressional review. The Pentagon, how- year, we’ve been over $1 trillion in that no one proposes that is because no ever, has invested over $50 million in spending. While our revenue has stayed one really believes that. That is why improvements in the base, including consistent, basically, from 2007 to 2012, the accelerated tax rate that is being new buildings in the last 5 years. The that dramatic spending increase has recommended by the White House is 911th, however, has lower overhead happened. also being proposed with a stimulus costs because emergency responses like We seem to identify that as the real plan, another spending plan to offset fire and safety, air traffic control, se- problem. We’re overspending. And until the damage that’s going to be done curity, runway maintenance, and land you deal with that issue, you cannot with the tax increases. are provided by Pittsburgh Inter- raise taxes enough to be able to keep Here is the example that I can talk national Airport for free. Hence, if the up with $1 trillion of accelerated spend- about with this: when people talk 911th were forced to in-source those ac- ing. about, just raise taxes on the upper 2 tivities, the number of authorized per- So what is the cliff? And I have to percent, well, let me give you an exam- sonnel would be hundreds more, and tell you, I have so many people from ple of what’s being proposed by the would far exceed the 300-person thresh- my district and other places that catch President. Capital gains will go from 15 old. Thus, the Pentagon would be pre- me, pull me aside quietly and say, We percent to 23.8 percent next year. Divi- vented from unilaterally closing it. hear about the fiscal cliff. We’re not dends would go from 15 percent to 43.4 Further, the Air Force Reserve would even 100 percent sure of what it is. percent. have to invest millions more in equip- Well, it’s really the combination of Now I have a lot of people that will ment and training if it was not pro- three things: say to me, just raise it on the upper vided for free, but the Air Force did not The first of them is, the ObamaCare brackets. But when I tell them, can I look at any of these numbers, and they taxes begin January 1 of next year. tell you what that means—their taxes did not review the cost of the space. Those taxes will hit the middle class go from 15 percent to 43.4 percent—I The Pentagon is trying to close the and the upper brackets. Those taxes, have yet to have anyone stop me and base because they can, not because when they kick in, will raise the rates say, Oh, that sounds fair. It doesn’t. It they should. In their haste to come up on people making $200,000 or more and just sounds so much easier to say, raise with a quick cut, it will cost the tax- will also remove deductions from the it on someone else, not on us. payers over $100 million in coming middle class, things like the flexible We have to solve the problem. Just years, and that is why Congress needs spending accounts. For those that have raising taxes doesn’t solve the problem. to have oversight. high medical bills, their taxes will now We’re spending $1 trillion more than The House has passed a defense bill go up. For people that have high med- what we did 5 years ago with a tax rev- to prevent a suboptimal decision like ical bills and are able to offset some of enue the same. If we do not focus on this one in the future. The House bill the taxes they pay because they pay spending, we will never solve the prob- includes language requiring the Pen- more than 7.5 percent of their own in- lem. tagon to notify Congress about any come in medical bills, they will now f base closure or transfer of troops im- have their taxes go up. So people like b 1040 pacting more than 1,000 uniform per- diabetics, heart patients, stroke pa- sonnel. Unlike the way the Air Force is tients, people with special needs chil- SAVING THE 911TH AIRLIFT WING operating now, the Defense Depart- dren, their taxes all go up January 1, as The SPEAKER pro tempore. The ment would have to include a justifica- well as people making $200,000 or more, Chair recognizes the gentleman from tion for the reduction, an evaluation of

VerDate Mar 15 2010 23:57 Dec 04, 2012 Jkt 029060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K04DE7.007 H04DEPT1 jbell on DSK7SPTVN1PROD with H6594 CONGRESSIONAL RECORD — HOUSE December 4, 2012 the costs and benefits, and an evalua- make our Nation strong and deserving Dr. Bohannon was married to Jo Ann tion of the local, economic, environ- to endure. Summers on October 26, 1957, was saved mental, strategic, and operational con- Our eternal God, open our eyes today on February 2, 1959, and became an or- sequences. By requiring significant re- to see that our Nation’s greatest threat dained pastor on November 20, 1960. Dr. ductions in uniform personnel to be in- is not all external, but the inner Bo is a graduate of Southeast Missouri cluded in the budget request, Congress thought that we can afford to live University and received his master’s of will have two opportunities to review, without dependence upon You. This I divinity from Midwestern Baptist block, or approve a base closure in the pray in the name of our Lord Jesus Theological Seminary in 1972 and his annual defense authorization bill and Christ. doctorate of ministry in 1985. the defense appropriations bill. Amen. Glen and his wife, Jo Ann, have three The Senate is nearing completion of f children: Lisa, John, and Glen, Jr. its version of the defense bill today, John and his wife, Jody, have three and it’s my hope that both Chambers THE JOURNAL children, Glen and Jo’s grandchildren: will work to restore Congress’ proper The SPEAKER. The Chair has exam- Summer, Levi, and Joelle. oversight authority. The issue facing ined the Journal of the last day’s pro- Dr. Bohannon has served churches in Congress is not a new one. Since the ceedings and announces to the House Missouri, Virginia, and North Carolina. 1960s, the executive branch has tried his approval thereof. He retired from full-time pastorate in repeatedly to close bases for reasons Pursuant to clause 1, rule I, the Jour- 1996 after serving at Central Baptist other than the best interests of tax- nal stands approved. Church of Richmond, Virginia, for 101⁄2 payers or the military. The necessity Mr. WALZ of Minnesota. Mr. Speak- years. He received his intentional in- of a strong base closure law giving Con- er, pursuant to clause 1, rule I, I de- terim training from 1996–1997, and has gress oversight of these decisions was mand a vote on agreeing to the Speak- since served as an intentional interim perhaps best expressed in 1985 by Sen- er’s approval of the Journal. pastor and as an interim pastor in sev- ator CARL LEVIN. He said: The SPEAKER. The question is on eral churches in Virginia and North These protections against untrammeled ex- the Speaker’s approval of the Journal. Carolina. ecutive power to close bases came because The question was taken; and the Dr. Bohannon currently serves as the Members of this Senate and this Congress Speaker announced that the ayes ap- interim senior pastor at College Acres felt that the power to close bases had been peared to have it. Baptist Church in Wilmington, North abused and had been used as a club over Carolina. He recently completed an in- Members of Congress. Mr. WALZ of Minnesota. Mr. Speak- er, on that I demand the yeas and nays. tentional interim at Memorial Baptist Today, it is the 911th, but tomorrow The yeas and nays were ordered. Church in Arlington, Virginia, where it could be a base in any Member’s dis- The SPEAKER. Pursuant to clause 8, my family attends when we’re in the trict. I urge my colleagues to support rule XX, further proceedings on this D.C. area. We’re honored to have our efforts to strengthen the base closure question will be postponed. good friend, Dr. Glen Bohannon, here law. as the pastor of the House for the day. f f f PLEDGE OF ALLEGIANCE RECESS ANNOUNCEMENT BY THE SPEAKER The SPEAKER. Will the gentleman The SPEAKER pro tempore. Pursu- PRO TEMPORE from Minnesota (Mr. WALZ) come for- ant to clause 12(a) of rule I, the Chair The SPEAKER pro tempore (Mr. ward and lead the House in the Pledge declares the House in recess until noon YODER). The Chair will entertain up to of Allegiance. today. 15 further requests for 1-minute speech- Mr. WALZ of Minnesota led the Accordingly (at 10 o’clock and 43 es on each side of the aisle. Pledge of Allegiance as follows: minutes a.m.), the House stood in re- f cess. I pledge allegiance to the Flag of the United States of America, and to the Repub- DR. HARRY ROSENBERG f lic for which it stands, one nation under God, (Mr. HECK asked and was given per- indivisible, with liberty and justice for all. b 1200 mission to address the House for 1 f minute and to revise and extend his re- AFTER RECESS marks.) The recess having expired, the House POSTPONING CALL OF PRIVATE CALENDAR Mr. HECK. Mr. Speaker, I come to was called to order by the Speaker at the floor today to recognize Dr. Harry noon. The SPEAKER. This is the day for Rosenberg, founding president of Rose- f the call of the Private Calendar. man University of Health Sciences. Without objection, the Private Cal- In 1999, Dr. Rosenberg rented a small PRAYER endar will be called after 1-minute office space in Henderson, Nevada, be- Reverend Dr. Glen Bohannon, College speeches today. lieving he could establish a pharmacy Acres Baptist Church, Wilmington, There was no objection. school that would produce highly North Carolina, offered the following f skilled graduates ready to be recruited prayer: for work across the country. Our Father in Heaven, who desires WELCOMING REVEREND DR. GLEN His innovative approach to education that all people breathe the fresh air of DALE BOHANNON led him to develop a block format cur- freedom, enable us to walk worthy of The SPEAKER. Without objection, riculum that emphasizes a student-cen- all rights sacrificially handed down to the gentleman from Texas (Mr. CUL- tered active learning environment, al- us by patriots past and present. BERSON) is recognized for 1 minute. lowing students to participate in expe- So lead us that we will not take for There was no objection. riential education from the very begin- granted the blessings of our Constitu- Mr. CULBERSON. Mr. Speaker, it is ning of their studies and complete tion, our laws, and all institutions that a privilege to have with us today as our their doctoral degree in just 3 years in- help make these United States an in- guest chaplain, Dr. Glen Dale stead of the traditional 4 years, mak- strument of peace and purpose. Bohannon, who now pastors a church in ing Roseman one of the most affordable Strengthen our resolve not to con- North Carolina, but who understands pharmacy schools in the Nation. fuse liberty with license, restraint with clearly the importance of this great in- During his tenure, Dr. Rosenberg weakness, and half error with full stitution that it’s our privilege to rep- helped transform Roseman from a local truth. resent. I think Dr. Bohannon’s prayer school of 38 students to a regional in- Empower and motivate us to cul- was appropriate to strengthen these stitution with over 1,000 and offering tivate a spirit of goodness and a high great institutions that were created for an array of quality programs in nurs- sense of honor. Deepen our desire to the sole purpose of protecting our lib- ing, dentistry, and business adminis- practice virtues of conduct to help erty. tration.

VerDate Mar 15 2010 23:57 Dec 04, 2012 Jkt 029060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K04DE7.008 H04DEPT1 jbell on DSK7SPTVN1PROD with December 4, 2012 CONGRESSIONAL RECORD — HOUSE H6595 As he prepares for retirement, I com- could enshrine her life forever in the THE WHITE HOUSE MUST mend Dr. Rosenberg for his vision, in- CONGRESSIONAL RECORD of the United PRODUCE ITS LEGAL JUSTIFICA- novation, and commitment to offering States of America. Because of Kevin, TION FOR DRONE STRIKES students an affordable, state-of-the-art we all look forward to meeting Chelsey (Mr. KUCINICH asked and was given education that has and will benefit the in heaven. permission to address the House for 1 State of Nevada and the Nation. minute and to revise and extend his re- f f marks.) THE POLITICS OF THE POSSIBLE Mr. KUCINICH. Before Congress ad- b 1210 journs, this House will vote on my res- (Mr. WALZ of Minnesota asked and olution of inquiry about the U.S.’ use was given permission to address the MIDDLE CLASS TAX CUTS of drones. House for 1 minute and to revise and (Mr. LEVIN asked and was given per- The vote will not be about the thou- extend his remarks.) mission to address the House for 1 sands of deaths of innocent civilians Mr. WALZ of Minnesota. Mr. Speak- minute and to revise and extend his re- caused by drones, though that’s impor- er, today, let’s show the American peo- marks.) tant. It won’t be about whether the ple the politics of the possible. Let’s Mr. LEVIN. This discharge petition drones are creating more terrorism. It focus on what we agree on, not what we frames the issue immediately before won’t be a vote to stop the killing of disagree on. Let’s find common ground. us: will Republicans take America over American citizens without due process We can accomplish this by extending the cliff, and the middle class tax cuts guaranteed by the Constitution. It the middle class tax cuts immediately. with them, in order to protect tax won’t be about whether our ongoing Let’s have the people’s House break breaks for the very wealthy. And will use of drones constitutes violations of this ridiculous stalemate. Let families they take the economy with them over the Constitution and violations of across the Nation go into the holiday the cliff? international law. season with certainty. The fiscal cliff confronting us threat- The vote will, however, be about Everyone here agrees taxes should ens an economic mess, half of which something fundamental. not go up on middle class families. could be resolved in one fell swoop—by We will determine whether or not Democrats and Republicans can come passing the middle class tax cuts. The Congress has the power to require the together to make that happen. By ex- Senate has already acted. The Presi- administration to release their still se- tending the tax cuts, every American dent is waiting to sign it. Republicans cret legal justification to use drones. will get a tax break on the first $250,000 should join with Democrats and give 98 In matters of the Constitution, in mat- of income. Let me repeat that 100 per- percent of Americans and 97 percent of ters of war, ‘‘trust us’’ is neither suffi- cent of Americans will receive a tax small businesses the certainty that cient legally, constitutionally, nor is it break on $250,000 of income. they won’t face a tax increase on Janu- morally acceptable. It also extends the child tax credit, ary 1. I urge Members of the House to re- makes it easier for small businesses to Colleagues, Republicans as well as claim Congress’ constitutional impera- invest, makes it affordable to go to col- Democrats, sign now—the signal that tive by supporting H. Res. 819, the reso- lege, and fixes the alternative min- America needs. lution of inquiry demanding the White imum tax. If we fail to act in the next 10 days, House produce its legal justification f middle class families could see their in- for drone strikes. come taxes go up by $2,000. No one f THE PRESIDENT IS NOT TAKING wants it, and the economy doesn’t need THE FISCAL CLIFF SERIOUSLY SERVING THE AMERICAN PEOPLE it. The Senate has already passed a bill; the President said he would sign it (Mr. WILSON of South Carolina (Ms. JACKSON LEE of Texas asked today. It can be done now. asked and was given permission to ad- and was given permission to address Please stand up, sign the discharge dress the House for 1 minute and to re- the House for 1 minute.) petition, and make a difference for the vise and extend his remarks.) Ms. JACKSON LEE of Texas. There American public. Mr. WILSON of South Carolina. Mr. should be one powerful driving force for f Speaker, yesterday, Speaker BOEHNER all of us—and that is to serve the sent a letter to the President in re- American people. KEVIN KLINE sponse to his unreasonable proposal The least we can do before December (Mr. OLSON asked and was given per- suggesting how Congress can avert the 31, 2012, is to provide the middle class mission to address the House for 1 fiscal cliff. Shortly after the election, of America—the working men and minute and to revise and extend his re- the House Republican leadership pre- women of America, those who every marks.) sented the President with a balanced day get up at 6 a.m., at 4 a.m., and Mr. OLSON. Mr. Speaker, I’d like to framework by coupling spending cuts work night shifts—a tax break. I am introduce the American people to and reforms. proud to commit to giving Americans Kevin Kline. The Speaker’s letter to the President making incomes of $250,000 and below a Kevin is a friend and a popular DJ also states, ‘‘Regrettably, the proposal tax break, and I stand here today back home on the 93Q Morning Zoo. outlined on behalf of your administra- proudly in having signed the petition. But Kevin is more than a voice on the tion contains very little in the way of Let me say what else we can do very radio. He is the man of the year accord- common ground. The proposal calls for quickly. ing to the Fort Bend Focus Magazine. $1.6 trillion in new tax revenue—twice As a cochair of the Congressional He earned that honor because of the the amount you supported during the Children’s Caucus, we have passed a bi- Snowdrop Foundation, an organization campaign.’’ partisan bill on the intervention in and he and his wife, Trish, created to help House Republicans understand the prevention of bullying. Everywhere you children fighting life-threatening can- necessity of finding a reasonable solu- go, you’re hearing about the dastardly cer. tion. We have made it very clear that conditions of our children who are Kevin’s inspiration was a remarkable we are willing to work with the Senate going to school across America. young lady, Chelsey Campbell. Chelsey leadership to find middle ground legis- To our Members of the United States lost her battle with cancer on Decem- lation. It is my hope the President will Congress, let’s pass that legislation be- ber 9, 2006. She was 16 years old. Kevin begin taking these negotiations seri- fore we leave here, and let’s go into was a pallbearer at her funeral. Kevin ously and will work with the House Re- 2013 with America recognizing that the is always looking for an outlet to tell publicans to find a balanced approach Congress understands that the safety Chelsey’s story and keep her memory to this challenge. and security of our children in the alive. In conclusion, God bless our troops, schools of America are vital. That’s the If Kevin were here, I’d thank him for and we will never forget September the least we can do—to protect the chil- sharing Chelsey’s story with me so I 11th in the global war on terrorism. dren of America. Pass the Bullying

VerDate Mar 15 2010 23:57 Dec 04, 2012 Jkt 029060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K04DE7.010 H04DEPT1 jbell on DSK7SPTVN1PROD with H6596 CONGRESSIONAL RECORD — HOUSE December 4, 2012 Prevention and Intervention Act of cut bill by signing this discharge peti- tect education, and it will reduce the 2012 now. tion and by forcing the bill to the floor size of the challenge to avoid seques- f so that we can do right by the Amer- tration. ican people. All Members—Republicans and MIDDLE CLASS TAX CUTS f Democrats—should come together, sign (Ms. HAHN asked and was given per- this discharge petition, and help the TIME TO VOTE ON MIDDLE CLASS mission to address the House for 1 American people get this economy TAX CUTS minute.) back on its feet. Ms. HAHN. As we race toward this (Mr. YARMUTH asked and was given f fiscal cliff, we are faced with a number permission to address the House for 1 of looming problems, not the least of minute.) b 1220 which is the threat of a crushing mid- Mr. YARMUTH. Mr. Speaker, when it MIDDLE CLASS TAX CUTS dle class tax hike. If we fail to act, comes to the fiscal cliff, Republicans middle class Americans could see their and Democrats have one major thing in (Mr. CROWLEY asked and was given next tax bills rise by more than $3,000, common—we both believe tax rates permission to address the House for 1 and while there will be much to dis- shouldn’t go up on 98 percent of Ameri- minute and to revise and extend his re- agree on in the coming negotiations, cans and 97 percent of small businesses. marks.) no one wants this to happen. A tax The difference is that Democrats won’t Mr. CROWLEY. Mr. Speaker, the hike of this size on the middle class use middle class families as a bar- American people have spoken. In this would be a terrible burden on families gaining chip. last election, they said to all of us: who are just beginning to recover from Today, House Republicans have a start to work together; have an agenda this Great Recession. chance to show that they are more se- that serves the people of our country. With congressional approval at an rious about making good policy than We’ve all heard the expression that all-time low, we cannot pass up this op- making political hostages of the mid- time is fleeting. Never before has that portunity to prove to the American dle class. We have filed a discharge pe- expression been more important in my people that we can work together. tition to bring to the floor legislation 14 years here in the House of Rep- President Obama’s legislation to ex- that preserves tax cuts for 98 percent of resentatives. We have very few working tend the middle class tax cuts has al- Americans and 97 percent of small busi- days and even fewer days this week be- ready been passed by the Senate, and it nesses. It has already passed the Sen- cause of the House schedule put before now depends on us. We should embrace ate. The President says he will sign it us by the leadership of the House to ac- this opportunity to vote on something immediately. tually work on the people’s business we can agree on and bring this legisla- With our deadline less than a month and pass a middle class tax cut that tion to the floor. away, the clock is ticking, and if House will affect 98 percent of working Amer- I’ve already signed this petition. I Republican leadership is wondering icans. Ninety-eight percent of working urge all of my colleagues to come down when in our pressing schedule we Americans will get a tax cut by passing to the House floor right now and sign might be able to fully consider this leg- the Senate bill that they passed al- this discharge petition. Bring this to islation, they might rethink their as- ready that is now at the desk here in the floor. Let’s give the American peo- tonishing decision to cancel House the House of Representatives in the ple a real holiday present. business on Thursday—one of the few form of a discharge petition. We’re taking this action because we f days Congress has left in the current session. believe that time is running out. If we MIDDLE CLASS TAX CUTS Mr. Speaker, we know what we must fail to pass this bill or something like (Mr. CICILLINE asked and was given do, and it might come as a surprise it, the middle class in this country will permission to address the House for 1 that we actually agree on a solution. see on average a $2,000 increase in their minute.) All that’s left is to vote. I urge my col- taxes. I don’t know about anyone here Mr. CICILLINE. Mr. Speaker, last leagues to sign the discharge petition in this Chamber, but I know my con- month, the American people went to and to vote immediately to keep mid- stituency doesn’t want to pay a $2,000 the polls and delivered Congress a re- dle class tax rates from going up. tax. sounding message—that Republicans f f and Democrats should be working to- gether to solve our Nation’s problems. THE POWER TO PULL AMERICA MIDDLE CLASS TAX CUTS Although our constituents have made BACK FROM THE FISCAL CLIFF (Mr. CONNOLLY of Virginia asked it clear that the time for partisan (Mr. COURTNEY asked and was and was given permission to address games is over and despite over- given permission to address the House the House for 1 minute and to revise whelming support for the idea, the for 1 minute and to revise and extend and extend his remarks.) House Republican leaders are refusing his remarks.) Mr. CONNOLLY of Virginia. Mr. to hold a vote on extending tax cuts for Mr. COURTNEY. Mr. Speaker, in the Speaker, for any negotiation to be suc- middle class families. Instead, they well of the House, a few feet away from cessful, both parties involved must plan to keep holding them hostage to me, we have the power as Members to first identify things on which they can tax breaks for the wealthiest Ameri- actually pull this country back from a agree. Fortunately, we already have cans. fiscal cliff which endangers an eco- agreed: middle class tax cuts need to be So, today, we have filed a discharge nomic recovery and threatens middle protected. Sixty percent of Americans petition to force a vote on the Middle class families all across the country. agree that extending the middle class Class Tax Cut Act so that 98 percent of The good news is there right now. tax cuts and letting those for the Americans and 97 percent of small busi- Consumer confidence is up, car sales wealthiest expire is a good compromise nesses don’t have to worry about their are up, even the housing market is and the right thing to do. taxes going up at the end of this year. making a recovery. If we do not, how- Some of our Republican colleagues It will ensure that 100 percent of Amer- ever, act to sign this discharge petition agree, saying we ought to give 98 per- icans will see a tax cut for the first and to protect middle class families, cent of all Americans an early Christ- $250,000 of family income. we will go backwards as a Nation. mas present by extending the middle The Senate has already passed an It will also solve three-quarters of class tax cuts. Sadly, other Repub- equivalent bill, but today the House is the sequestration challenge that the licans do not share that holiday spirit. still standing in the way of tax relief Budget Control Act still has sitting out In their zeal to protect the tax breaks for middle class families. I urge my there for January 2. If we sign this dis- for the wealthiest 2 percent, they are colleagues on both sides of the aisle to charge petition and get this bill passed, willing to present themselves as the do the right thing for working families: three-quarters of that problem will be grinch that stole Christmas. force the House Republican leadership solved: we will protect Medicare, we Let’s not let another opportunity to hold a vote on the middle class tax will protect our military, we will pro- pass. Let’s show that we were listening

VerDate Mar 15 2010 23:57 Dec 04, 2012 Jkt 029060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K04DE7.019 H04DEPT1 jbell on DSK7SPTVN1PROD with December 4, 2012 CONGRESSIONAL RECORD — HOUSE H6597 on election day to our constituents gia Program. HomeSafe provides tem- Kumor shall be eligible for issuance of an who want us to work together to pro- porary assistance to homeowners who immigrant visa or for adjustment of status tect the middle class and the economy are unemployed or underemployed due to that of an alien lawfully admitted for per- and get something done for America. to no fault of their own. I’m hosting manent residence upon filing an application for issuance of an immigrant visa under sec- Sign the discharge petition. my second HomeSafe Georgia Fore- tion 204 of such Act or for adjustment of sta- f closure Prevention Event of 2012, Sat- tus to lawful permanent resident. urday, December 8, at the Salem Bible MIDDLE INCOME TAX CUT (b) ADJUSTMENT OF STATUS.—If Bartosz Church Fellowship Hall in Lithonia, Kumor enters the United States before the (Ms. PELOSI asked and was given Georgia, from 10 a.m. to 3 p.m. My filing deadline specified in subsection (c), he permission to address the House for 1 friend, Jasper Williams, is the pastor. shall be considered to have entered and re- minute.) My last HomeSafe event helped hun- mained lawfully and shall, if otherwise eligi- Ms. PELOSI. Mr. Speaker, as we all dreds of homeowners temporarily lower ble, be eligible for adjustment of status know, in the course of the election the under section 245 of the Immigration and Na- their mortgage payments, and I expect tionality Act as of the date of the enactment President made it very clear that he to help hundreds more after this week- of this Act. was supporting the extension of the end’s Georgia HomeSafe event. The (c) DEADLINE FOR APPLICATION AND PAY- middle income tax cut and everyone, event is free, and I hope Georgians who MENT OF FEES.—Subsections (a) and (b) shall 100 percent of the American people, need help will attend. For more infor- apply only if the application for issuance of would benefit from it—100 percent of mation contact me at an immigrant visa or the application for ad- taxpayers, small businesses, wage earn- hankjohnson.house.gov. justment of status is filed with appropriate ers, and the rest. fees within 2 years after the date of the en- f Republicans are saying that rather actment of this Act. (d) REDUCTION OF IMMIGRANT VISA NUM- than passing that, they want to hold it EXTEND MIDDLE CLASS TAX CUTS BER.—Upon the granting of an immigrant hostage to giving an additional tax cut (Mr. PALLONE asked and was given visa or permanent residence to Bartosz to people making over $250,000 a year. permission to address the House for 1 Kumor, the Secretary of State shall instruct That’s not negotiating; that’s hostage- minute.) the proper officer to reduce by 1, during the taking. Mr. PALLONE. Mr. Speaker, the current or next following fiscal year, the So today on the floor of the House, message from the American people is total number of immigrant visas that are made available to natives of the country of the Democrats have proposed a dis- loud and clear: extend the middle class charge petition which, if it receives 218 the alien’s birth under section 203(a) of the tax cuts now. Republicans are holding Immigration and Nationality Act or, if appli- signatures, that’s only a couple dozen hostage tax cuts for 98 percent of cable, the total number of immigrant visas Republicans joining the Democrats, it Americans and 97 percent of small busi- that are made available to natives of the would automatically come to the floor nesses to give more tax breaks to the country of the alien’s birth under section and I predict would receive over- wealthiest Americans. Once again Re- 202(e) of such Act. whelming support of the House of Rep- publicans are playing politics with (e) DENIAL OF PREFERENTIAL IMMIGRATION resentatives. something that will help Americans TREATMENT FOR CERTAIN RELATIVES.—The natural parents, brothers, and sisters of The American people want us to get back as we work to repair the dam- work together. We are in agreement on Bartosz Kumor shall not, by virtue of such age that 8 years of Republican leader- relationship, be accorded any right, privi- this subject. Why—why, my Republican ship created. lege, or status under the Immigration and colleagues—can we not vote on some- Democrats have a commonsense solu- Nationality Act. thing where we have agreement, where tion, and we can’t wait around any The bill was ordered to be engrossed we have fairness that will work to cre- longer to let real proposals languish and read a third time, was read the ate jobs, to reduce the deficit and will until the House GOP gets its act to- third time, and passed, and a motion to again have fairness. gether. Spearheaded by Congressman reconsider was laid on the table. This is the heart of the matter that TIM WALZ, Democrats filed the Walz f is holding us here. As the public watch- discharge petition to automatically es—what is this about—this is about bring to the House floor the Senate- DANIEL WACHIRA the $250,000 line that the President said passed middle class tax cuts which the The SPEAKER pro tempore. The in the campaign that he would honor President has said he will sign imme- Clerk will call the second bill on the and that this legislation today brings diately. We have no time to waste, Mr. calendar. to bear. Speaker. Pass the extension of the mid- The Clerk called the bill (H.R. 824) I urge my colleagues, out of 435 Mem- dle class tax cuts now as we find a bold, for the relief of Daniel Wachira. bers of the House, we only need a cou- balanced, and fair agreement to avoid There being no objection, the Clerk ple dozen Republicans to sign the dis- the fiscal cliff. read the bill as follows: charge petition. Each one of them H.R. 824 holds the key to a $2,000 tax cut for the f middle class. PRIVATE CALENDAR Be it enacted by the Senate and House of Rep- resentatives of the United States of America in Either sign the petition, urge the The SPEAKER pro tempore. This is Congress assembled, Speaker to bring the bill to the floor, the day for the call of the Private Cal- SECTION 1. PERMANENT RESIDENT STATUS FOR or explain to your constituents why endar. DANIEL WACHIRA. you do not want them to have this (a) IN GENERAL.—Notwithstanding sub- f $2,000 tax break for 100 percent of the sections (a) and (b) of section 201 of the Im- American people. Please sign the dis- BARTOSZ KUMOR migration and Nationality Act, Daniel charge petition. Let’s get this done Wachira shall be eligible for issuance of an The SPEAKER pro tempore. The immigrant visa or for adjustment of status this week. We could bring this bill up Clerk will call the first bill on the cal- under unanimous consent. The message to that of an alien lawfully admitted for per- endar. manent residence upon filing an application would be clear to the American people: The Clerk called the bill (H.R. 1857) for issuance of an immigrant visa under sec- we heard you in the campaign. Be fair, for the relief of Bartosz Kumor. tion 204 of such Act or for adjustment of sta- do something that works, work to- There being no objection, the Clerk tus to lawful permanent resident. gether. This gives us that opportunity. read the bill as follows: (b) ADJUSTMENT OF STATUS.—If Daniel f Wachira enters the United States before the H.R. 1857 filing deadline specified in subsection (c), he HOMESAFE GEORGIA Be it enacted by the Senate and House of Rep- shall be considered to have entered and re- (Mr. JOHNSON of Georgia asked and resentatives of the United States of America in mained lawfully and shall, if otherwise eligi- Congress assembled, was given permission to address the ble, be eligible for adjustment of status SECTION 1. PERMANENT RESIDENT STATUS FOR under section 245 of the Immigration and Na- House for 1 minute and to revise and BARTOSZ KUMOR. tionality Act as of the date of the enactment extend his remarks.) (a) IN GENERAL.—Notwithstanding sub- of this Act. Mr. JOHNSON of Georgia. Mr. Speak- sections (a) and (b) of section 201 of the Im- (c) DEADLINE FOR APPLICATION AND PAY- er, I rise to discuss the HomeSafe Geor- migration and Nationality Act, Bartosz MENT OF FEES.—Subsections (a) and (b) shall

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apply only if the application for issuance of Department of State on the date of the en- (d) REDUCTION OF IMMIGRANT VISA NUM- an immigrant visa or the application for ad- actment of this Act. BER.—Upon the granting of an immigrant justment of status is filed with appropriate (2) RESCISSION OF OUTSTANDING ORDER OF visa or permanent residence to Allan Bolor fees within 2 years after the date of the en- REMOVAL.—The Secretary of Homeland Secu- Kelley, the Secretary of State shall instruct actment of this Act. rity shall rescind any outstanding order of the proper officer to reduce by 1, during the (d) REDUCTION OF IMMIGRANT VISA NUM- removal or deportation, or any finding of in- current or next following fiscal year, the BER.—Upon the granting of an immigrant admissibility or deportability, that has been total number of immigrant visas that are visa or permanent residence to Daniel entered against Maria Carmen Castro Rami- made available to natives of the country of Wachira, the Secretary of State shall in- rez or J. Refugio Carreno Rojas by reason of the alien’s birth under section 203(a) of the struct the proper officer to reduce by 1, dur- any ground described in paragraph (1). Immigration and Nationality Act or, if appli- ing the current or next following fiscal year, (d) DEADLINE FOR APPLICATION AND PAY- cable, the total number of immigrant visas the total number of immigrant visas that are MENT OF FEES.—Subsections (a) and (b) shall that are made available to natives of the made available to natives of the country of apply only if the application for issuance of country of the alien’s birth under section the alien’s birth under section 203(a) of the an immigrant visa or the application for ad- 202(e) of such Act. Immigration and Nationality Act or, if appli- justment of status is filed with appropriate (e) DENIAL OF PREFERENTIAL IMMIGRATION cable, the total number of immigrant visas fees within 2 years after the date of the en- TREATMENT FOR CERTAIN RELATIVES.—The that are made available to natives of the actment of this Act. natural parents, brothers, and sisters of country of the alien’s birth under section (e) REDUCTION OF IMMIGRANT VISA NUM- Allan Bolor Kelley shall not, by virtue of 202(e) of such Act. BER.—Upon the granting of an immigrant such relationship, be accorded any right, (e) DENIAL OF PREFERENTIAL IMMIGRATION visa or permanent residence to Maria Car- privilege, or status under the Immigration TREATMENT FOR CERTAIN RELATIVES.—The men Castro Ramirez and J. Refugio Carreno and Nationality Act. natural parents, brothers, and sisters of Dan- Rojas, the Secretary of State shall instruct The bill was ordered to be engrossed the proper officer to reduce by 2, during the iel Wachira shall not, by virtue of such rela- and read a third time, was read the tionship, be accorded any right, privilege, or current or next following fiscal year, the status under the Immigration and Nation- total number of immigrant visas that are third time, and passed, and a motion to ality Act. made available to natives of the country of reconsider was laid on the table. the aliens’ birth under section 203(a) of the f The bill was ordered to be engrossed Immigration and Nationality Act or, if appli- and read a third time, was read the cable, the total number of immigrant visas CORINA DE CHALUP TURCINOVIC third time, and passed, and a motion to that are made available to natives of the The SPEAKER pro tempore. The reconsider was laid on the table. country of the aliens’ birth under section Clerk will call the fifth bill on the cal- f 202(e) of such Act. endar. (f) DENIAL OF PREFERENTIAL IMMIGRATION b 1230 TREATMENT FOR CERTAIN RELATIVES.—The The Clerk called the bill (H.R. 357) natural parents, brothers, and sisters of for the relief of Corina de Chalup MARIA CARMEN CASTRO RAMIREZ Maria Carmen Castro Ramirez and J. Turcinovic. AND J. REFUGIO CARRENO ROJAS Refugio Carreno Rojas shall not, by virtue of There being no objection, the Clerk The SPEAKER pro tempore. The such relationship, be accorded any right, read the bill as follows: Clerk will call the third bill on the cal- privilege, or status under the Immigration H.R. 357 and Nationality Act. endar. Be it enacted by the Senate and House of Rep- The Clerk called the bill (H.R. 823) The bill was ordered to be engrossed resentatives of the United States of America in for the relief of Maria Carmen Castro and read a third time, was read the Congress assembled, Ramirez and J. Refugio Carreno Rojas. third time, and passed, and a motion to SECTION 1. PERMANENT RESIDENT STATUS FOR There being no objection, the Clerk reconsider was laid on the table. CORINA DE CHALUP TURCINOVIC. read the bill as follows: f (a) IN GENERAL.—Notwithstanding sub- sections (a) and (b) of section 201 of the Im- H.R. 823 ALLAN BOLOR KELLEY migration and Nationality Act, Corina de Be it enacted by the Senate and House of Rep- The SPEAKER pro tempore. The Chalup Turcinovic shall be eligible for resentatives of the United States of America in Clerk will call the fourth bill on the issuance of an immigrant visa or for adjust- Congress assembled, calendar. ment of status to that of an alien lawfully SECTION 1. PERMANENT RESIDENT STATUS FOR The Clerk called the bill (H.R. 794) admitted for permanent residence upon fil- MARIA CARMEN CASTRO RAMIREZ ing an application for issuance of an immi- AND J. REFUGIO CARRENO ROJAS. for the relief of Allan Bolor Kelley. grant visa under section 204 of such Act or (a) IN GENERAL.—Notwithstanding sub- There being no objection, the Clerk for adjustment of status to lawful permanent sections (a) and (b) of section 201 of the Im- read the bill as follows: resident. migration and Nationality Act, Maria Car- H.R. 794 (b) ADJUSTMENT OF STATUS.—If Corina de men Castro Ramirez and J. Refugio Carreno Be it enacted by the Senate and House of Rep- Chalup Turcinovic enters the United States Rojas shall each be eligible for issuance of an resentatives of the United States of America in before the filing deadline specified in sub- immigrant visa or for adjustment of status Congress assembled, section (c), she shall be considered to have to that of an alien lawfully admitted for per- SECTION 1. PERMANENT RESIDENT STATUS FOR entered and remained lawfully and shall, if manent residence upon filing an application ALLAN BOLOR KELLEY. otherwise eligible, be eligible for adjustment for issuance of an immigrant visa under sec- (a) IN GENERAL.—Notwithstanding sub- of status under section 245 of the Immigra- tion 204 of such Act or for adjustment of sta- sections (a) and (b) of section 201 of the Im- tion and Nationality Act as of the date of tus to lawful permanent resident. migration and Nationality Act, Allan Bolor the enactment of this Act. (b) ADJUSTMENT OF STATUS.—If Maria Car- Kelley shall be eligible for issuance of an im- (c) DEADLINE FOR APPLICATION AND PAY- men Castro Ramirez or J. Refugio Carreno migrant visa or for adjustment of status to MENT OF FEES.—Subsections (a) and (b) shall Rojas enters the United States before the fil- that of an alien lawfully admitted for perma- apply only if the application for issuance of ing deadline specified in subsection (d), he or nent residence upon filing an application for an immigrant visa or the application for ad- she shall be considered to have entered and issuance of an immigrant visa under section justment of status is filed with appropriate remained lawfully and shall, if otherwise eli- 204 of such Act or for adjustment of status to fees within 2 years after the date of the en- gible, be eligible for adjustment of status lawful permanent resident. actment of this Act. under section 245 of the Immigration and Na- (b) ADJUSTMENT OF STATUS.—If Allan Bolor (d) REDUCTION OF IMMIGRANT VISA NUM- tionality Act as of the date of the enactment Kelley enters the United States before the BER.—Upon the granting of an immigrant of this Act. filing deadline specified in subsection (c), he visa or permanent residence to Corina de (c) WAIVER OF GROUNDS FOR REMOVAL OR shall be considered to have entered and re- Chalup Turcinovic, the Secretary of State DENIAL OF ADMISSION.— mained lawfully and shall, if otherwise eligi- shall instruct the proper officer to reduce by (1) IN GENERAL.—Notwithstanding sections ble, be eligible for adjustment of status 1, during the current or next following fiscal 212(a) and 237(a) of the Immigration and Na- under section 245 of the Immigration and Na- year, the total number of immigrant visas tionality Act, Maria Carmen Castro Ramirez tionality Act as of the date of the enactment that are made available to natives of the and J. Refugio Carreno Rojas may not be re- of this Act. country of the alien’s birth under section moved from the United States, denied admis- (c) DEADLINE FOR APPLICATION AND PAY- 203(a) of the Immigration and Nationality sion to the United States, or considered in- MENT OF FEES.—Subsections (a) and (b) shall Act or, if applicable, the total number of im- eligible for lawful permanent residence in apply only if the application for issuance of migrant visas that are made available to na- the United States by reason of any ground an immigrant visa or the application for ad- tives of the country of the alien’s birth for removal or denial of admission that is re- justment of status is filed with appropriate under section 202(e) of such Act. flected in the records of the Department of fees within 2 years after the date of the en- (e) DENIAL OF PREFERENTIAL IMMIGRATION Homeland Security or the Visa Office of the actment of this Act. TREATMENT FOR CERTAIN RELATIVES.—The

VerDate Mar 15 2010 01:42 Dec 05, 2012 Jkt 029060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\A04DE7.010 H04DEPT1 jbell on DSK7SPTVN1PROD with December 4, 2012 CONGRESSIONAL RECORD — HOUSE H6599 natural parents, brothers, and sisters of Mr. SMITH of Texas. Mr. Speaker, I ‘‘(i) COVERED WATER HEATER.—The term Corina de Chalup Turcinovic shall not, by ask unanimous consent that S. 285, ‘covered water heater’ means— virtue of such relationship, be accorded any Calendar No. 7, be passed over without ‘‘(I) a water heater; and right, privilege, or status under the Immi- prejudice. ‘‘(II) a storage water heater, instantaneous gration and Nationality Act. water heater, and unfired hot water storage The SPEAKER pro tempore. Is there tank (as defined in section 340). The bill was ordered to be engrossed objection to the request of the gen- and read a third time, was read the ‘‘(ii) FINAL RULE.—The term ‘final rule’ tleman from Texas? means the final rule published under this third time, and passed, and a motion to There was no objection. paragraph. reconsider was laid on the table. The SPEAKER pro tempore. This ‘‘(B) PUBLICATION OF FINAL RULE.—Not f concludes the call of the Private Cal- later than 1 year after the date of enactment endar. of this paragraph, the Secretary shall pub- ESTHER KARINGE lish a final rule that establishes a uniform The SPEAKER pro tempore. The f efficiency descriptor and accompanying test methods for covered water heaters. Clerk will call the sixth bill on the cal- ANNOUNCEMENT BY THE SPEAKER ‘‘(C) PURPOSE.—The purpose of the final endar. PRO TEMPORE The Clerk called the bill (H.R. 316) rule shall be to replace with a uniform effi- The SPEAKER pro tempore. Pursu- ciency descriptor— for the relief of Esther Karinge. ‘‘(i) the energy factor descriptor for water There being no objection, the Clerk ant to clause 8 of rule XX, the Chair will postpone further proceedings heaters established under this subsection; read the bill as follows: and H.R. 316 today on the motion to suspend the ‘‘(ii) the thermal efficiency and standby rules on which a recorded vote or the Be it enacted by the Senate and House of Rep- loss descriptors for storage water heaters, in- resentatives of the United States of America in yeas and nays are ordered, or on which stantaneous water heaters, and unfired Congress assembled, the vote incurs objection under clause water storage tanks established under sec- tion 342(a)(5). SECTION 1. PERMANENT RESIDENT STATUS FOR 6 of rule XX. ESTHER KARINGE. Any record vote on the postponed ‘‘(D) EFFECT OF FINAL RULE.— ‘‘(i) IN GENERAL.—Notwithstanding any (a) IN GENERAL.—Notwithstanding sub- question will be taken later. sections (a) and (b) of section 201 of the Im- other provision of this title, effective begin- f migration and Nationality Act, Esther ning on the effective date of the final rule, Karinge shall be eligible for issuance of an AMERICAN ENERGY MANUFAC- the efficiency standard for covered water immigrant visa or for adjustment of status heaters shall be denominated according to TURING TECHNICAL CORREC- the efficiency descriptor established by the to that of an alien lawfully admitted for per- TIONS ACT manent residence upon filing an application final rule. for issuance of an immigrant visa under sec- Mr. WHITFIELD. Mr. Speaker, I ‘‘(ii) EFFECTIVE DATE.—The final rule shall take effect 1 year after the date of publica- tion 204 of such Act or for adjustment of sta- move to suspend the rules and pass the tion of the final rule under subparagraph (B). tus to lawful permanent resident. bill (H.R. 6582) to allow for innovations ‘‘(E) CONVERSION FACTOR.— (b) ADJUSTMENT OF STATUS.—If Esther and alternative technologies that meet Karinge enters the United States before the ‘‘(i) IN GENERAL.—The Secretary shall de- or exceed desired energy efficiency velop a mathematical conversion factor for filing deadline specified in subsection (c), she converting the measurement of efficiency for shall be considered to have entered and re- goals, and to make technical correc- covered water heaters from the test proce- mained lawfully and shall, if otherwise eligi- tions to existing Federal energy effi- dures in effect on the date of enactment of ble, be eligible for adjustment of status ciency laws to allow American manu- this paragraph to the new energy descriptor under section 245 of the Immigration and Na- facturers to remain competitive, as established under the final rule. tionality Act as of the date of the enactment amended. ‘‘(ii) APPLICATION.—The conversion factor of this Act. The Clerk read the title of the bill. shall apply to models of covered water heat- (c) DEADLINE FOR APPLICATION AND PAY- The text of the bill is as follows: ers affected by the final rule and tested prior MENT OF FEES.—Subsections (a) and (b) shall to the effective date of the final rule. apply only if the application for issuance of H.R. 6582 ‘‘(iii) EFFECT ON EFFICIENCY REQUIRE- an immigrant visa or the application for ad- Be it enacted by the Senate and House of Rep- MENTS.—The conversion factor shall not af- justment of status is filed with appropriate resentatives of the United States of America in fect the minimum efficiency requirements fees within 2 years after the date of the en- Congress assembled, for covered water heaters otherwise estab- actment of this Act. SECTION 1. SHORT TITLE. lished under this title. (d) REDUCTION OF IMMIGRANT VISA NUM- This Act may be cited as the ‘‘American ‘‘(iv) USE.—During the period described in BER.—Upon the granting of an immigrant Energy Manufacturing Technical Correc- clause (v), a manufacturer may apply the visa or permanent residence to Esther tions Act’’. conversion factor established by the Sec- Karinge, the Secretary of State shall in- SEC. 2. INNOVATIVE COMPONENT TECH- retary to rerate existing models of covered struct the proper officer to reduce by 1, dur- NOLOGIES. water heaters that are in existence prior to ing the current or next following fiscal year, Section 342(f) of the Energy Policy and the effective date of the rule described in the total number of immigrant visas that are Conservation Act (42 U.S.C. 6313(f)) is amend- clause (v)(II) to comply with the new effi- made available to natives of the country of ed— ciency descriptor. the alien’s birth under section 203(a) of the (1) in paragraph (1), by striking ‘‘para- ‘‘(v) PERIOD.—Clause (iv) shall apply during Immigration and Nationality Act or, if appli- graphs (2) through (5)’’ and inserting ‘‘para- the period— cable, the total number of immigrant visas graphs (2) through (6)’’; and ‘‘(I) beginning on the date of publication of that are made available to natives of the (2) by adding at the end the following new the conversion factor in the Federal Reg- country of the alien’s birth under section paragraph: ister; and 202(e) of such Act. ‘‘(6) INNOVATIVE COMPONENT TECH- ‘‘(II) ending on the later of 1 year after the (e) DENIAL OF PREFERENTIAL IMMIGRATION NOLOGIES.—Subparagraph (C) of paragraph (1) date of publication of the conversion factor, TREATMENT FOR CERTAIN RELATIVES.—The shall not apply to a walk-in cooler or walk- or December 31, 2015. natural parents, brothers, and sisters of Es- in freezer component if the component man- ‘‘(F) EXCLUSIONS.—The final rule may ex- ther Karinge shall not, by virtue of such re- ufacturer has demonstrated to the satisfac- clude a specific category of covered water lationship, be accorded any right, privilege, tion of the Secretary that the component re- heaters from the uniform efficiency or status under the Immigration and Nation- duces energy consumption at least as much descriptor established under this paragraph ality Act. as if such subparagraph were to apply. In if the Secretary determines that the cat- The bill was ordered to be engrossed support of any demonstration under this egory of water heaters— and read a third time, was read the paragraph, a manufacturer shall provide to ‘‘(i) does not have a residential use and can third time, and passed, and a motion to the Secretary all data and technical infor- be clearly described in the final rule; and reconsider was laid on the table. mation necessary to fully evaluate its appli- ‘‘(ii) are effectively rated using the ther- cation.’’. mal efficiency and standby loss descriptors f SEC. 3. UNIFORM EFFICIENCY DESCRIPTOR FOR applied (as of the date of enactment of this SOPURUCHI CHUKWUEKE COVERED WATER HEATERS. paragraph) to the category under section Section 325(e) of the Energy Policy and 342(a)(5). The SPEAKER pro tempore. The Conservation Act (42 U.S.C. 6295(e)) is ‘‘(G) OPTIONS.—The descriptor set by the Clerk will call the seventh bill on the amended by adding at the end the following: final rule may be— calendar. ‘‘(5) UNIFORM EFFICIENCY DESCRIPTOR FOR ‘‘(i) a revised version of the energy factor The Clerk called the bill (S. 285) for COVERED WATER HEATERS.— descriptor in use as of the date of enactment the relief of Sopuruchi Chukwueke. ‘‘(A) DEFINITIONS.—In this paragraph: of this paragraph;

VerDate Mar 15 2010 00:50 Dec 05, 2012 Jkt 029060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\A04DE7.008 H04DEPT1 jbell on DSK7SPTVN1PROD with H6600 CONGRESSIONAL RECORD — HOUSE December 4, 2012 ‘‘(ii) the thermal efficiency and standby ‘‘(i) 3 years after the date on which the and Conservation Act (42 U.S.C. 6313(a)(6)) is loss descriptors in use as of that date; final amended standard is published; or amended— ‘‘(iii) a revised version of the thermal effi- ‘‘(ii) if the Secretary determines, by rule, (1) in subparagraph (A)(i), by inserting ciency and standby loss descriptors; that 3 years is inadequate, not later than 5 ‘‘the standard levels or design requirements ‘‘(iv) a hybrid of descriptors; or years after the date on which the final rule applicable under that standard to’’ imme- ‘‘(v) a new approach. is published.’’. diately before ‘‘any small commercial’’; and ‘‘(H) APPLICATION.—The efficiency SEC. 5. SMALL DUCT HIGH VELOCITY SYSTEMS (2) in subparagraph (C)— descriptor and accompanying test method es- AND ADMINISTRATIVE CHANGES. (A) in clause (i)— tablished under the final rule shall apply, to (a) THROUGH-THE-WALL CENTRAL AIR CONDI- (i) by striking ‘‘Not later than 6 years after the maximum extent practicable, to all TIONERS, THROUGH-THE-WALL CENTRAL AIR issuance of any final rule establishing or water heating technologies in use as of the CONDITIONING HEAT PUMPS, AND SMALL DUCT, amending a standard, as required for a prod- date of enactment of this paragraph and to HIGH VELOCITY SYSTEMS.—Section 325(d) of uct under this part,’’ and inserting ‘‘Every 6 future water heating technologies. the Energy Policy and Conservation Act (42 years,’’; and ‘‘(I) PARTICIPATION.—The Secretary shall U.S.C. 6295(d)) is amended by adding at the (ii) by inserting after ‘‘the Secretary invite interested stakeholders to participate end the following: shall’’ the following: ‘‘conduct an evaluation in the rulemaking process used to establish ‘‘(4) STANDARDS FOR THROUGH-THE-WALL of each class of covered equipment and the final rule. CENTRAL AIR CONDITIONERS, THROUGH-THE- shall’’; and ‘‘(J) TESTING OF ALTERNATIVE WALL CENTRAL AIR CONDITIONING HEAT PUMPS, (B) by adding at the end the following: DESCRIPTORS.—In establishing the final rule, AND SMALL DUCT, HIGH VELOCITY SYSTEMS.— ‘‘(vi) For any covered equipment as to the Secretary shall contract with the Na- ‘‘(A) DEFINITIONS.—In this paragraph: which more than 6 years has elapsed since tional Institute of Standards and Tech- ‘‘(i) SMALL DUCT, HIGH VELOCITY SYSTEM.— the issuance of the most recent final rule es- nology, as necessary, to conduct testing and The term ‘small duct, high velocity system’ tablishing or amending a standard for the simulation of alternative descriptors identi- means a heating and cooling product that product as of the date of enactment of this fied for consideration. contains a blower and indoor coil combina- clause, the first notice required under clause tion that— ‘‘(K) EXISTING COVERED WATER HEATERS.—A (i) shall be published by December 31, 2013.’’. ‘‘(I) is designed for, and produces, at least covered water heater shall be considered to (c) PETITION FOR AMENDED STANDARDS.— 1.2 inches of external static pressure when comply with the final rule on and after the Section 325(n) of the Energy Policy and Con- operated at the certified air volume rate of effective date of the final rule and with any servation Act (42 U.S.C. 6295(n)) is amended— 220–350 CFM per rated ton of cooling; and revised labeling requirements established by (1) by redesignating paragraph (3) as para- ‘‘(II) when applied in the field, uses high the Federal Trade Commission to carry out graph (5); and velocity room outlets generally greater than the final rule if the covered water heater— (2) by inserting after paragraph (2) the fol- 1,000 fpm that have less than 6.0 square ‘‘(i) was manufactured prior to the effec- lowing: inches of free area. tive date of the final rule; and ‘‘(3) NOTICE OF DECISION.—Not later than ‘‘(ii) THROUGH-THE-WALL CENTRAL AIR CON- ‘‘(ii) complied with the efficiency stand- 180 days after the date of receiving a peti- DITIONER; THROUGH-THE-WALL CENTRAL AIR ards and labeling requirements in effect tion, the Secretary shall publish in the Fed- CONDITIONING HEAT PUMP.—The terms eral Register a notice of, and explanation prior to the final rule.’’. ‘through-the-wall central air conditioner’ for, the decision of the Secretary to grant or SEC. 4. SERVICE OVER THE COUNTER, SELF-CON- and ‘through-the-wall central air condi- deny the petition. TAINED, MEDIUM TEMPERATURE tioning heat pump’ mean a central air condi- ‘‘(4) NEW OR AMENDED STANDARDS.—Not COMMERCIAL REFRIGERATORS. tioner or heat pump, respectively, that is de- later than 3 years after the date of granting Section 342(c) of the Energy Policy and signed to be installed totally or partially a petition for new or amended standards, the Conservation Act (42 U.S.C. 6313(c)) is within a fixed-size opening in an exterior Secretary shall publish in the Federal Reg- amended— wall, and— ister— (1) in paragraph (1)— ‘‘(I) is not weatherized; ‘‘(A) a final rule that contains the new or (A) by redesignating subparagraph (C) as ‘‘(II) is clearly and permanently marked amended standards; or subparagraph (E); and for installation only through an exterior ‘‘(B) a determination that no new or (B) by inserting after subparagraph (B) the wall; amended standards are necessary.’’. following: ‘‘(III) has a rated cooling capacity no ‘‘(C) The term ‘service over the counter, greater than 30,000 Btu/hr; SEC. 6. COORDINATION OF RESEARCH AND DE- self-contained, medium temperature com- VELOPMENT OF ENERGY EFFICIENT ‘‘(IV) exchanges all of its outdoor air TECHNOLOGIES FOR INDUSTRY. mercial refrigerator’ or ‘(SOC–SC–M)’ means across a single surface of the equipment cab- (a) IN GENERAL.—As part of the research a medium temperature commercial refrig- inet; and and development activities of the Industrial erator— ‘‘(V) has a combined outdoor air exchange Technologies Program of the Department of ‘‘(i) with a self-contained condensing unit area of less than 800 square inches (split sys- Energy, the Secretary of Energy (referred to and equipped with sliding or hinged doors in tems) or less than 1,210 square inches (single in this section as the ‘‘Secretary’’) shall es- the back intended for use by sales personnel, packaged systems) as measured on the sur- tablish, as appropriate, collaborative re- and with glass or other transparent material face area described in subclause (IV). search and development partnerships with in the front for displaying merchandise; and ‘‘(iii) REVISION.—The Secretary may revise other programs within the Office of Energy ‘‘(ii) that has a height not greater than 66 the definitions contained in this subpara- Efficiency and Renewable Energy (including inches and is intended to serve as a counter graph through publication of a final rule. the Building Technologies Program), the Of- for transactions between sales personnel and ‘‘(B) SMALL-DUCT HIGH-VELOCITY SYSTEMS.— fice of Electricity Delivery and Energy Reli- customers. ‘‘(i) SEASONAL ENERGY EFFICIENCY RATIO.— ability, and the Office of Science that— ‘‘(D) The term ‘TDA’ means the total dis- The seasonal energy efficiency ratio for (1) leverage the research and development play area (ft2) of the refrigerated case, as de- small-duct high-velocity systems shall be expertise of those programs to promote early fined in AHRI Standard 1200.’’; not less than— stage energy efficiency technology develop- (2) by redesignating paragraphs (4) and (5) ‘‘(I) 11.00 for products manufactured on or ment; as paragraphs (5) and (6), respectively; and after January 23, 2006; and (2) support the use of innovative manufac- (3) by inserting after paragraph (3) the fol- ‘‘(II) 12.00 for products manufactured on or turing processes and applied research for de- lowing: after January 1, 2015. velopment, demonstration, and commer- ‘‘(4)(A) Each SOC–SC–M manufactured on ‘‘(ii) HEATING SEASONAL PERFORMANCE FAC- cialization of new technologies and processes or after January 1, 2012, shall have a total TOR.—The heating seasonal performance fac- to improve efficiency (including improve- daily energy consumption (in kilowatt hours tor for small-duct high-velocity systems ments in efficient use of water), reduce emis- per day) of not more than 0.6 × TDA + 1.0. shall be not less than— sions, reduce industrial waste, and improve ‘‘(B) Not later than 3 years after the date ‘‘(I) 6.8 for products manufactured on or industrial cost-competitiveness; and of enactment of this paragraph, the Sec- after January 23, 2006; and (3) apply the knowledge and expertise of retary shall— ‘‘(II) 7.2 for products manufactured on or the Industrial Technologies Program to help ‘‘(i) determine whether the standard estab- after January 1, 2015. achieve the program goals of the other pro- lished under subparagraph (A) should be ‘‘(C) SUBSEQUENT RULEMAKINGS.—The Sec- grams. amended; and retary shall conduct subsequent rulemakings (b) REPORTS.—Not later than 2 years after ‘‘(ii) if the Secretary determines that such for through-the-wall central air condi- the date of enactment of this Act and bienni- standard should be amended, issue a final tioners, through-the-wall central air condi- ally thereafter, the Secretary shall submit rule establishing an amended standard. tioning heat pumps, and small duct, high ve- to Congress a report that describes actions ‘‘(C) If the Secretary issues a final rule locity systems as part of any rulemaking taken to carry out subsection (a) and the re- pursuant to subparagraph (B) establishing an under this section used to review or revise sults of those actions. amended standard, the final rule shall pro- standards for other central air conditioners SEC. 7. REDUCING BARRIERS TO THE DEPLOY- vide that the amended standard shall apply and heat pumps.’’. MENT OF INDUSTRIAL ENERGY EFFI- to products manufactured on or after the (b) DUTY TO REVIEW COMMERCIAL EQUIP- CIENCY. date that is— MENT.—Section 342(a)(6) of the Energy Policy (a) DEFINITIONS.—In this section:

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(1) INDUSTRIAL ENERGY EFFICIENCY.—The States and relevant Federal agencies to ad- THROUGH IMPROVED STANDARDS FOR APPLI- term ‘‘industrial energy efficiency’’ means dress barriers to deployment. ANCES AND LIGHTING.— the energy efficiency derived from commer- SEC. 8. BEST PRACTICES FOR ADVANCED METER- (1) Section 325(u) of the Energy Policy and cial technologies and measures to improve ING. Conservation Act (42 U.S.C. 6295(u)) (as energy efficiency or to generate or transmit Section 543(e) of the National Energy Con- amended by section 301(c) of the Energy electric power and heat, including electric servation Policy Act (42 U.S.C. 8253(e)) is Independence and Security Act of 2007 (121 motor efficiency improvements, demand re- amended by striking paragraph (3) and in- Stat. 1550)) is amended— sponse, direct or indirect combined heat and serting the following: (A) by redesignating paragraph (7) as para- power, and waste heat recovery. ‘‘(3) PLAN.—Not later than 180 days after graph (4); and (2) INDUSTRIAL SECTOR.—The term ‘‘indus- the date on which guidelines are established (B) in paragraph (4) (as so redesignated), by trial sector’’ means any subsector of the under paragraph (2), in a report submitted by striking ‘‘supplies is’’ and inserting ‘‘supply manufacturing sector (as defined in North the agency under section 548(a), each agency is’’. American Industry Classification System shall submit to the Secretary a plan describ- (2) Section 302(b) of the Energy Independ- codes 31-33 (as in effect on the date of enact- ing the manner in which the agency will im- ence and Security Act of 2007 (121 Stat. 1551) ment of this Act)) establishments of which plement the requirements of paragraph (1), is amended by striking ‘‘6313(a)’’ and insert- have, or could have, thermal host facilities including— ing ‘‘6314(a)’’. with electricity requirements met in whole, ‘‘(A) how the agency will designate per- (3) Section 342(a)(6) of the Energy Policy or in part, by onsite electricity generation, sonnel primarily responsible for achieving and Conservation Act (42 U.S.C. 6313(a)(6)) including direct and indirect combined heat the requirements; and (as amended by section 305(b)(2) of the En- and power or waste recovery. ‘‘(B) a demonstration by the agency, com- ergy Independence and Security Act of 2007 (b) REPORT ON THE DEPLOYMENT OF INDUS- plete with documentation, of any finding (121 Stat. 1554)) is amended— TRIAL ENERGY EFFICIENCY.— that advanced meters or advanced metering (A) in subparagraph (B)— (1) IN GENERAL.—Not later than 2 years devices (as those terms are used in paragraph (i) by striking ‘‘If the Secretary’’ and in- after the date of enactment of this Act, the (1)), are not practicable. serting the following: Secretary shall submit to the Committee on ‘‘(4) BEST PRACTICES REPORT.— ‘‘(i) IN GENERAL.—If the Secretary’’; Energy and Commerce of the House of Rep- ‘‘(A) IN GENERAL.—Not later than 180 days (ii) by striking ‘‘clause (ii)(II)’’ and insert- resentatives and the Committee on Energy after the date of enactment of this para- ing ‘‘subparagraph (A)(ii)(II)’’; and Natural Resources of the Senate a report graph, the Secretary of Energy, in consulta- (iii) by striking ‘‘clause (i)’’ and inserting describing— tion with the Secretary of Defense and the ‘‘subparagraph (A)(i)’’; and (A) the results of the study conducted Administrator of General Services, shall de- (iv) by adding at the end the following: under paragraph (2); and velop, and issue a report on, best practices ‘‘(ii) FACTORS.—In determining whether a (B) recommendations and guidance devel- for the use of advanced metering of energy standard is economically justified for the oped under paragraph (3). use in Federal facilities, buildings, and purposes of subparagraph (A)(ii)(II), the Sec- (2) STUDY.—The Secretary, in coordination retary shall, after receiving views and com- equipment by Federal agencies. with the industrial sector and other stake- ments furnished with respect to the proposed ‘‘(B) COMPONENTS.—The report shall in- holders, shall conduct a study of the fol- standard, determine whether the benefits of clude, at a minimum— lowing: the standard exceed the burden of the pro- ‘‘(i) summaries and analysis of the reports (A) The legal, regulatory, and economic posed standard by, to the maximum extent by agencies under paragraph (3); barriers to the deployment of industrial en- practicable, considering— ‘‘(ii) recommendations on standard re- ergy efficiency in all electricity markets (in- ‘‘(I) the economic impact of the standard quirements or guidelines for automated en- cluding organized wholesale electricity mar- on the manufacturers and on the consumers ergy management systems, including— kets, and regulated electricity markets), in- of the products subject to the standard; ‘‘(I) potential common communications cluding, as applicable, the following: ‘‘(II) the savings in operating costs (i) Transmission and distribution inter- standards to allow data sharing and report- throughout the estimated average life of the connection requirements. ing; product in the type (or class) compared to (ii) Standby, back-up, and maintenance ‘‘(II) means of facilitating continuous com- any increase in the price of, or in the initial fees (including demand ratchets). missioning of buildings and evidence-based charges for, or maintenance expenses of, the (iii) Exit fees. maintenance of buildings and building sys- products that are likely to result from the (iv) Life of contract demand ratchets. tems; and imposition of the standard; (v) Net metering. ‘‘(III) standards for sufficient levels of se- ‘‘(III) the total projected quantity of en- (vi) Calculation of avoided cost rates. curity and protection against cyber threats ergy savings likely to result directly from (vii) Power purchase agreements. to ensure systems cannot be controlled by the imposition of the standard; (viii) Energy market structures. unauthorized persons; and ‘‘(IV) any lessening of the utility or the (ix) Capacity market structures. ‘‘(iii) an analysis of— performance of the products likely to result (x) Other barriers as may be identified by ‘‘(I) the types of advanced metering and from the imposition of the standard; the Secretary, in coordination with the in- monitoring systems being piloted, tested, or ‘‘(V) the impact of any lessening of com- dustrial sector and other stakeholders. installed in Federal buildings; and petition, as determined in writing by the At- (B) Examples of— ‘‘(II) existing techniques used within the torney General, that is likely to result from (i) successful State and Federal policies private sector or other non-Federal govern- the imposition of the standard; that resulted in greater use of industrial en- ment buildings.’’. ‘‘(VI) the need for national energy con- ergy efficiency; SEC. 9. FEDERAL ENERGY MANAGEMENT AND servation; and (ii) successful private initiatives that re- DATA COLLECTION STANDARD. ‘‘(VII) other factors the Secretary con- sulted in greater use of industrial energy ef- Section 543 of the National Energy Con- siders relevant. ficiency; and servation Policy Act (42 U.S.C. 8253) is ‘‘(iii) ADMINISTRATION.— (iii) cost-effective policies used by foreign amended— ‘‘(I) ENERGY USE AND EFFICIENCY.—The Sec- countries to foster industrial energy effi- (1) by redesignating the second subsection retary may not prescribe any amended ciency. (f) (as added by section 434(a) of Public Law standard under this paragraph that increases (C) The estimated economic benefits to the 110-140 (121 Stat. 1614)) as subsection (g); and the maximum allowable energy use, or de- national economy of providing the industrial (2) in subsection (f)(7), by striking subpara- creases the minimum required energy effi- sector with Federal energy efficiency match- graph (A) and inserting the following: ciency, of a covered product. ing grants of $5,000,000,000 for 5- and 10-year ‘‘(A) IN GENERAL.—For each facility that ‘‘(II) UNAVAILABILITY.— periods, including benefits relating to— meets the criteria established by the Sec- ‘‘(aa) IN GENERAL.—The Secretary may not (i) estimated energy and emission reduc- retary under paragraph (2)(B), the energy prescribe an amended standard under this tions; manager shall use the web-based tracking subparagraph if the Secretary finds (and pub- (ii) direct and indirect jobs saved or cre- system under subparagraph (B)— lishes the finding) that interested persons ated; ‘‘(i) to certify compliance with the require- have established by a preponderance of the (iii) direct and indirect capital investment; ments for— evidence that a standard is likely to result (iv) the gross domestic product; and ‘‘(I) energy and water evaluations under in the unavailability in the United States in (v) trade balance impacts. paragraph (3); any product type (or class) of performance (D) The estimated energy savings available ‘‘(II) implementation of identified energy characteristics (including reliability, fea- from increased use of recycled material in and water measures under paragraph (4); and tures, sizes, capacities, and volumes) that energy-intensive manufacturing processes. ‘‘(III) follow-up on implemented measures are substantially the same as those gen- (3) RECOMMENDATIONS AND GUIDANCE.—The under paragraph (5); and erally available in the United States at the Secretary, in coordination with the indus- ‘‘(ii) to publish energy and water consump- time of the finding of the Secretary. trial sector and other stakeholders, shall de- tion data on an individual facility basis.’’. ‘‘(bb) OTHER TYPES OR CLASSES.—The fail- velop policy recommendations regarding the SEC. 10. TECHNICAL CORRECTIONS. ure of some types (or classes) to meet the deployment of industrial energy efficiency, (a) TITLE III OF ENERGY INDEPENDENCE AND criterion established under this subclause including proposed regulatory guidance to SECURITY ACT OF 2007—ENERGY SAVINGS shall not affect the determination of the

VerDate Mar 15 2010 00:50 Dec 05, 2012 Jkt 029060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\A04DE7.009 H04DEPT1 jbell on DSK7SPTVN1PROD with H6602 CONGRESSIONAL RECORD — HOUSE December 4, 2012 Secretary on whether to prescribe a standard 6291(30)(C)(ii)) (as amended by section Section 3 deals with a fix to water for the other types or classes.’’; and 322(a)(1)(B) of the Energy Independence and heater requirements that will reduce (B) in subparagraph (C)(iv), by striking Security Act of 2007 (121 Stat. 1587)) is regulatory burdens on manufacturers ‘‘An amendment prescribed under this sub- amended by inserting a period after ‘‘40 by transitioning to a single definition section’’ and inserting ‘‘Notwithstanding watts or higher’’. for all covered water heaters; subparagraph (D), an amendment prescribed (11) Section 322(b) of the Energy Independ- under this subparagraph’’. ence and Security Act of 2007 (121 Stat. 1588) Section 4 fixes a standard that can- (4) Section 342(a)(6)(B)(iii) of the Energy is amended by striking ‘‘6995(i)’’ and insert- not be met from the 2007 energy bill for Policy and Conservation Act (as added by ing ‘‘6295(i)’’. ‘‘service over the counter’’ refrig- section 306(c) of the Energy Independence (12) Section 325(b) of the Energy Independ- erators; and Security Act of 2007 (121 Stat. 1559)) is ence and Security Act of 2007 (121 Stat. 1596) Section 5 deals with small duct high transferred and redesignated as clause (vi) of is amended by striking ‘‘6924(c)’’ and insert- velocity systems; section 342(a)(6)(C) of the Energy Policy and ing ‘‘6294(c)’’. Sections 6 and 7 seek to improve Fed- Conservation Act (as amended by section (13) This subsection and the amendments eral coordination to help develop and 305(b)(2) of the Energy Independence and Se- made by this subsection take effect as if in- deploy industrial energy efficiency curity Act of 2007 (121 Stat. 1554)). cluded in the Energy Independence and Secu- technologies; (5) Section 345 of the Energy Policy and rity Act of 2007 (Public Law 110–140; 121 Stat. Sections 8 and 9 aim to improve Fed- Conservation Act (42 U.S.C. 6316) (as amend- 1492). eral energy efficiency, which will ulti- ed by section 312(e) of the Energy Independ- (b) ENERGY POLICY ACT OF 2005.— ence and Security Act of 2007 (121 Stat. 1567)) (1) Section 325(g)(8)(C)(ii) of the Energy mately save taxpayers money; is amended— Policy and Conservation Act (42 U.S.C. Section 10 makes additional routine (A) by striking ‘‘subparagraphs (B) through 6295(g)(8)(C)(ii)) (as added by section technical corrections to the 2007 energy (G)’’ each place it appears and inserting 135(c)(2)(B) of the Energy Policy Act of 2005) bill. ‘‘subparagraphs (B), (C), (D), (I), (J), and is amended by striking ‘‘20°F’’ and inserting This bill will reduce regulatory bur- (K)’’; ‘‘negative 20°F’’. dens and provide greater certainty for (B) by striking ‘‘part A’’ each place it ap- (2) This subsection and the amendment manufacturers, allowing them to stay pears and inserting ‘‘part B’’; made by this subsection take effect as if in- in business, avoid layoffs, and will also (C) in subsection (a)— cluded in the Energy Policy Act of 2005 (Pub- ensure the continued benefits of energy (i) in paragraph (8), by striking ‘‘and’’ at lic Law 109–58; 119 Stat. 594). savings and consumer savings because the end; (c) ENERGY POLICY AND CONSERVATION of increased energy efficiency. (ii) in paragraph (9), by striking the period ACT.— at the end and inserting ‘‘; and’’; and (1) Section 340(2)(B) of the Energy Policy H.R. 6582 carries the support of the (iii) by adding at the end the following: and Conservation Act (42 U.S.C. 6311(2)(B)) is Air Conditioning, Heating, and Refrig- ‘‘(10) section 327 shall apply with respect to amended— eration Institute, the Industrial En- the equipment described in section 340(1)(L) (A) in clause (xi), by striking ‘‘and’’ at the ergy Consumers of America, as well as beginning on the date on which a final rule end; the American Council for an Energy- establishing an energy conservation stand- (B) in clause (xii), by striking the period at Efficient Economy, the Alliance to ard is issued by the Secretary, except that the end and inserting ‘‘; and’’; and Save Energy, and the National Associa- any State or local standard prescribed or en- (C) by adding at the end the following: tion of Manufacturers. acted for the equipment before the date on ‘‘(xiii) other motors.’’. which the final rule is issued shall not be This bill shows that we can work to- (2) Section 343(a) of the Energy Policy and gether in Congress in a bipartisan man- preempted until the energy conservation Conservation Act (42 U.S.C. 6314(a)) is standard established by the Secretary for the amended by striking ‘‘Air-Conditioning and ner to tackle important energy issues. equipment takes effect.’’; Refrigeration Institute’’ each place it ap- To that end, I once again want to (D) in subsection (b)(1), by striking ‘‘sec- pears in paragraphs (4)(A) and (7) and insert- thank my colleagues on the other side tion 325(p)(5)’’ and inserting ‘‘section ing ‘‘Air-Conditioning, Heating, and Refrig- of the aisle, Mr. WAXMAN and his staff, 325(p)(4)’’; and eration Institute’’. for working with us to help develop (E) in subsection (h)(3), by striking ‘‘sec- The SPEAKER pro tempore. Pursu- this legislation that we all can support. tion 342(f)(3)’’ and inserting ‘‘section I might add that many of us on this 342(f)(4)’’. ant to the rule, the gentleman from (6) Section 321(30)(D)(i)(III) of the Energy Kentucky (Mr. WHITFIELD) and the gen- side of the aisle feel as though the 2007 Policy and Conservation Act (42 U.S.C. tleman from California (Mr. WAXMAN) energy bill has many provisions that 6291(30)(D)(i)(III)) (as amended by section each will control 20 minutes. we believe to be challenging for stimu- 321(a)(1)(A) of the Energy Independence and The Chair recognizes the gentleman lating private growth and creating Security Act of 2007 (121 Stat. 1574)) is from Kentucky. jobs. I hope my colleagues on the other amended by inserting before the semicolon GENERAL LEAVE side of the aisle will continue to work the following: ‘‘or, in the case of a modified Mr. WHITFIELD. Mr. Speaker, I ask with us on these matters in the future. spectrum lamp, not less than 232 lumens and As the 112th Congress comes to a not more than 1,950 lumens’’. unanimous consent that all Members may have 5 legislative days in which to close, the passage of this modest but (7) Section 321(30)(T) of the Energy Policy important energy efficiency bill gives and Conservation Act (42 U.S.C. 6291(30)(T)) revise and extend their remarks and in- (as amended by section 321(a)(1)(B) of the En- sert extraneous materials in the me hope that we can work together in ergy Independence and Security Act of 2007 RECORD. the coming years to tackle the many (121 Stat. 1574)) is amended— The SPEAKER pro tempore. Is there energy challenges facing America. I en- (A) in clause (i)— objection to the request of the gen- courage my colleagues to support pas- (i) by striking the comma after ‘‘household tleman from Kentucky? sage of H.R. 6582. appliance’’ and inserting ‘‘and’’; and There was no objection. I reserve the balance of my time. (ii) by striking ‘‘and is sold at retail,’’; and Mr. WHITFIELD. Mr. Speaker, I HOUSE OF REPRESENTATIVES, COM- (B) in clause (ii), by inserting ‘‘when sold yield myself such time as I may con- MITTEE ON SCIENCE, SPACE, AND at retail,’’ before ‘‘is designated’’. TECHNOLOGY, (8) Section 325(l)(4)(A) of the Energy Policy sume. I rise today in support of H.R. 6582, Washington, DC, December 3, 2012. and Conservation Act (42 U.S.C. 6295(l)(4)(A)) Hon. FRED UPTON, (as amended by section 321(a)(3)(B) of the En- the American Energy Manufacturing Technical Corrections Act, and I want Chairman, Committee on Energy and Commerce, ergy Independence and Security Act of 2007 Rayburn HOB, Washington, DC. (121 Stat. 1581)) is amended by striking to thank Mr. WAXMAN and his staff for DEAR CHAIRMAN UPTON: I am writing to ‘‘only’’. working with us on this legislation. you concerning the jurisdictional interest of (9) Section 327(b)(1)(B) of the Energy Pol- Part of it has been passed in the Sen- the Committee on Science, Space, and Tech- icy and Conservation Act (42 U.S.C. ate, and we’ve worked very closely nology in H.R. 6582, the American Energy 6297(b)(1)(B)) (as amended by section 321(d)(3) with the Senate staff and Members as Manufacturing Technical Corrections Act. of the Energy Independence and Security Act well. The suspension text version of H.R. 6582, of 2007 (121 Stat. 1585)) is amended— This is a small but critical piece of posted on November 30, 2012 contains mul- (A) in clause (i), by inserting ‘‘and’’ after energy legislation that I encourage my tiple provisions from H.R. 4850, the Enabling the semicolon at the end; Energy Saving Innovations Act, as amended (B) in clause (ii), by striking ‘‘; and’’ and colleagues to support: and passed by the Senate on September 22, inserting a period; and Section 2 deals with an outdated 2012 under unanimous consent, which are (C) by striking clause (iii). standard for walk-in coolers that is ac- outside the original scope of H.R. 4850, as in- (10) Section 321(30)(C)(ii) of the Energy Pol- tually resulting in layoffs and loss of troduced and passed by the House on June 26, icy and Conservation Act (42 U.S.C. jobs in the State of Alabama; 2012.

VerDate Mar 15 2010 01:42 Dec 05, 2012 Jkt 029060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\A04DE7.009 H04DEPT1 jbell on DSK7SPTVN1PROD with December 4, 2012 CONGRESSIONAL RECORD — HOUSE H6603 While the text of H.R. 6582 reflects an tional on our mutual understanding that for- We have concerns about these testing proce- agreement reached by the House Energy and going consideration of the bill does not prej- dures. The American Society of Heating, Re- Commerce Committee and the Senate En- udice the Committee with respect to the ap- frigerating and Air-Conditioning (ASHRAE) ergy and Natural Resources Committee, the pointment of conferees or to any future ju- is currently revising its Standard 118.2, text also contains provisions that fall within risdictional claim over the subject matters Method of Testing for Rating Residential the Rule X jurisdiction of the Committee on contained in this bill or similar legislation Water Heaters. ASHRAE is an internation- Science, Space, and Technology. which fall within the Committee’s Rule X ju- ally recognized American National Stand- I recognize and appreciate the desire to risdiction. ards Institute (ANSI) accredited standards bring this legislation before the House of I would appreciate your response to this developer. Standard 118.2 will provide testing Representatives, and accordingly, I will letter, confirming this understanding, and changes as well as potential changes to en- waive further consideration of this bill in would request that you include our exchange ergy descriptors. When drafting the testing Committee, notwithstanding any provisions of letters on this matter in the Congres- procedures, DOE should consider ASHRAE that fall within the jurisdiction of the Com- sional Record during consideration of this 118.2. In fact, DOE is already engaged in rule- mittee on Science, Space, and Technology. bill on the House floor. making on test procedures for these products This waiver, of course, is conditional on our Sincerely, where ASHRAE 118.2 can be referenced for mutual understanding that agreeing to JOHN L. MICA, adoption. waive consideration of this bill should not be Chairman. Second, we are concerned that this legisla- construed as waiving, reducing, or affecting tion invites additional regulation of residen- the jurisdiction of the Committee on HOUSE OF REPRESENTATIVES, COM- tial water heaters by the U. S. Consumer Science, Space, and Technology. MITTEE ON ENERGY AND COM- Product Safety Commission and may encour- Additionally, the Committee on Science, MERCE, age the unnecessary expansion of that Space, and Technology expressly reserves its Washington, DC, December 3, 2012. group’s Flammable Vapor Ignition Resistant authority to seek conferees on any provision Hon. JOHN L. MICA, (FVIR) requirements beyond their current within its jurisdiction during any House- Chairman, Committee on Transportation and scope, which could have a chilling impact on Senate conference that may be convened on Infrastructure, Rayburn HOB, Washington, the applications of condensing storage gas this, or any similar legislation. I ask for DC. water heaters. your commitment to support any request by DEAR CHAIRMAN MICA: Thank you for your Third, we are concerned that the language the Committee for conferees on H.R. 6582, as letter regarding H.R. 6582, the ‘‘American in this bill that sets minimum efficiency lev- well as any similar or related legislation. Energy Manufacturing Technical Correc- els for small-duct, high-velocity central sys- I ask that a copy of this letter be placed in tions Act,’’ which reflects the agreement tems, lowers existing efficiency standards the Congressional Record during consider- reached by the House and the Senate con- and preferences the use of electric appliances ation of the bill on the House floor. cerning the competing versions of H.R. 4850 over equivalent natural gas appliances. The Sincerely, passed by each body. As you noted, the first minimum efficiencies on these products RALPH M. HALL, version of H.R. 6582 that will be considered were promulgated in 2004, effective January Chairman, Committee on Science, on the Floor contains provisions that fall 23, 2006 and required 7.7 HSPF (heating sea- Space, and Technology. within the Rule X jurisdiction of the Com- sonal performance factor) or higher, whereas mittee on Transportation and Infrastruc- this legislation requires only 6.8 HSPF and 7.2 HSPF minimums while comparable nat- HOUSE OF REPRESENTATIVES, COM- ture. MITTEE ON ENERGY AND COM- I appreciate your willingness to forgo ac- ural gas heat pumps are still subject to the MERCE, tion on H.R. 6582, and I agree that your deci- higher minimum standard of 7.7 HSPF. Despite these concerns, we do not oppose Washington, DC, December 3, 2012. sion should not prejudice the Committee on the bill. Our objective is to bring these con- Hon. RALPH M. HALL, Transportation and Infrastructure with re- cerns to your attention and to encourage the Chairman, Committee on Science, Space, and spect to the appointment of conferees or its Department of Energy to work with APGA Technology, Rayburn HOB, Washington, jurisdictional prerogatives on this or similar and AGA in the rulemaking process to en- DC. legislation, for which you will have my sup- sure that the views of our members are con- DEAR CHAIRMAN HALL: Thank you for your port. sidered. letter regarding H.R. 6582, the ‘‘American I will include a copy of your letter and this APGA and AGA appreciate your consider- Energy Manufacturing Technical Correc- response in the Congressional Record during ation of our views and look forward to work- tions Act,’’ which reflects the agreement consideration of the bill on the House floor. ing further with you on this and other nat- reached by the House and the Senate con- Sincerely, ural gas issues. cerning the competing versions of H.R. 4850 FRED UPTON, Sincerely, passed by each body. As you noted, the Chairman. BERT KALISCH, version of H.R. 6582 that will be considered President & CEO, DECEMBER 4, 2012. on the Floor contains provisions that fall American Public Gas Association. within the Rule X jurisdiction of the Com- Representative UPTON, DAVE MCCURDY, House of Representatives, Rayburn HOB, Wash- mittee on Science, Space, and Technology. President & CEO, I appreciate your willingness to forgo ac- ington, DC. American Gas Association. tion on H.R. 6582, and I agree that your deci- DEAR CHAIRMAN UPTON: On behalf of the sion should not prejudice the Committee on American Public Gas Association (APGA), Mr. WAXMAN. Mr. Speaker, I yield Science, Space, and Technology with respect and the American Gas Association (AGA) we myself such time as I may consume. to the appointment of conferees or its juris- would like to convey our concerns regarding The United States and the world are dictional prerogatives on this or similar leg- H.R 6582, The American Energy Manufac- facing an enormous and growing islation, for which you will have my support. turing Technical Corrections Act. threat: The pollution we are putting I will include a copy of your letter and this APGA is the national association for pub- into the atmosphere is changing the licly-owned natural gas distribution sys- response in the Congressional Record during climate around us. In this last year consideration of the bill on the House floor. tems. There are approximately 1,000 public Sincerely, gas systems in 36 states and approximately alone, New York City has been flooded FRED UPTON, 700 of these systems are APGA members. by a superstorm, the Midwest has Chairman. Publicly-owned gas systems are not-for-prof- roasted in record-setting drought, and it, retail distribution entities owned by, and wildfires have scorched the West. These HOUSE OF REPRESENTATIVES, COM- accountable to, the citizens they serve. They are not aberrations. They are the early MITTEE ON TRANSPORTATION AND include municipal gas distribution systems, warning signs of what the future will INFRASTRUCTURE, public utility districts, county districts, and look like. Washington, DC, December 3, 2012. other public agencies that have natural gas Today, on one of the very last days of Hon. FRED UPTON, distribution facilities. Chairman, Committee on Energy and Commerce, AGA represents more than 200 local energy this Congress, we’re taking our first House of Representatives, Washington, DC. companies that deliver clean natural gas step to recognize this looming threat. DEAR MR. CHAIRMAN: I write concerning throughout the United States. There are It’s not a big step—in fact, it’s a tiny H.R. 6582, the ‘‘American Energy Manufac- more than 71 million residential, commer- one—but it gives hope that we can turing Technical Corrections Act.’’ There are cial, and industrial natural gas customers in work together, and it is a signal that certain provisions in the version of HR. 6582 the U.S., of which 92 percent—more than 65 at least we are headed in the right di- that will be considered on the House Floor million customers—receive their gas from rection. that fall within the Rule X jurisdiction of AGA members. Energy efficiency is an essential part the Committee on Transportation and Infra- First, H.R. 6582 directs the Department of structure. Energy to transition from the current, sepa- of any serious effort to address climate In order to expedite the House’s consider- rate definitions for water heaters, to a uni- change. It is the low-hanging fruit that ation of H.R. 6582, the Committee will forgo form energy descriptor for all covered water reduces pollution while saving Ameri- action on this bill. However, this is condi- heaters and to establish testing procedures. cans money and creating jobs. Whether

VerDate Mar 15 2010 01:42 Dec 05, 2012 Jkt 029060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\A04DE7.018 H04DEPT1 jbell on DSK7SPTVN1PROD with H6604 CONGRESSIONAL RECORD — HOUSE December 4, 2012 it’s a building code or appliance stand- and freezers. The section mandates Mr. WAXMAN. Mr. Speaker, I am ard or home retrofit, we should be that cooler and freezer doors must pleased at this time to yield 3 minutes doing far more in this area. In fact, a meet a certain R-value as a measure- to the gentleman from Missouri (Mr. recent International Energy Agency ment of their ability to retain tem- CARNAHAN). analysis found that without new poli- perature and use less energy. The prob- Mr. CARNAHAN. I rise today on be- cies, two-thirds of the cost-effective lem here is that R-value is a measure- half of H.R. 6582, the American Energy energy efficiency gains that could be ment based primarily on one insulating Manufacturing Act. This is truly a made will remain unrealized through product in particular—foam—and on commonsense, bipartisan bill. I’ve been 2035. how thick that foam actually is. How- proud to work on it with my friend and This bill includes a number of non- ever, requiring a product to meet an R- neighbor, Representative JOHN SHIM- controversial technical fixes to appli- value prohibits technologies that are KUS of Illinois, and also with Congress- ance energy efficiency standards for just as efficient even though they uti- woman JUDY BIGGERT, who has been water heaters, walk-in freezers, deli lize alternative materials or tech- my cochair of the High-Performance counter-style refrigerators, and certain nologies. Building Caucus. I want to thank Con- types of air conditioners. The bill in- In this case, the technology is even gressman WHITFIELD and Congressman cludes improvements to the process by more efficient. Although regulatory WAXMAN for their leadership on this which the Department of Energy up- statutes many times provide the De- matter here on the floor today. dates its energy efficiency standards. partment of Energy with a waiver au- And, finally, the gentleman from In addition, there are a few sensible thority, a waiver was not a part of this Alabama (Mr. ADERHOLT) for his lead- provisions to promote industrial en- particular statute. This legislation pro- ership in moving this bill forward ergy efficiency and the efficiency of vides the Department of Energy with today and for including legislation that Federal Government buildings. the authority to waive the requirement I sponsored in 2010, the Small Duct, This bill will not produce large en- if they determine a product meets or High Velocity Energy Efficiency ergy savings, but it’s a worthwhile exceeds the desired energy-efficiency Standards for America Act. Small package of consensus improvements. goals. duct, high velocity systems are a spe- Bureaucratic red tape and Federal The package is based on provisions cial type of heating, ventilation, and regulations can sometimes acciden- that recently passed the Senate by air conditioning systems. It is more en- tally keep America’s innovators and unanimous consent. Both industry and ergy efficient than traditional units, small businesses from creating jobs. energy efficiency advocates support especially for older and historic homes Therefore, the Manufacturing Tech- and buildings with limited space for the bill. This is a bill that has a very nical Corrections Act is a common- new duct work. good chance of becoming law this sense solution which maintains stand- month. Even though it’s more efficient, the ards and yet corrects a problem which Department of Energy lumped these But we need to do much, much more. otherwise stifles growth and causes The beginning of a new Congress pro- new systems in with a rulemaking for companies to lose jobs. Due to an in- regular systems in 2002. The Depart- vides us an opportunity to work to- crease in regulation over the past few gether on a bipartisan basis to enact ment eventually granted a waiver, ba- years, too many small businesses have sically saying that these new small commonsense energy efficiency legisla- had to lay off employees, reduce pro- duct systems could be sold anyway as tion. Such legislation will save con- duction, and even shut their doors. efficient products. But the legislation sumers money, boost domestic manu- This is precisely what happened to an before us today will codify that waiver facturing, while cutting pollution, in- innovative manufacturing company in into law so that American manufactur- cluding the carbon pollution that is the district I represent back in Ala- ers and consumers can truly benefit driving dangerous climate change. bama. I look forward to starting those dis- The Federal Government’s embrace from the advantages of these types of cussions with Chairman UPTON and our of outdated technology prohibits new products. Unico is a company that is one of Energy and Commerce Committee col- and innovative solutions to improve several that manufacture these sys- leagues. There are many good ideas for energy efficiency. Without sacrificing policies that would reduce waste and the efficiency standards which drove tems. It is a small business of about 80 save energy, and we should work to- the original bill, my bill here that employees in my hometown of St. gether to explore those ideas and enact we’re discussing this afternoon merely Louis, Missouri. I’ve toured the Unico the ones we can agree on. makes a commonsense update. plant, and I’ve met with their employ- ees. I’ve seen the pride in their work, b 1240 Just to be clear, this legislation, H.R. 6582, does not create new standards, but the craftsmanship that they display. Today’s bill is a first step. I encour- it does make existing standards better And those products go not just around age my colleagues to support it, and I for businesses and better for con- the U.S., but around the world. reserve the balance of my time. sumers. I can personally attest that Unico is an American success story. Mr. WHITFIELD. Mr. Speaker, I this technical corrections bill will di- It’s a small business created in Amer- yield 4 minutes to the gentleman from rectly affect over 100 jobs in the State ica, manufacturing products in Amer- Alabama (Mr. ADERHOLT), who wrote a of Alabama, and potentially many oth- ica, and creating good-paying manufac- portion of this bill and whose State is ers could be created with this new and turing and construction jobs—exactly at risk of losing jobs because of some innovative technology. The other sec- what this Congress and this country technicalities. tions of this bill affect a similar and, in should be all about. And when the Mr. ADERHOLT. I want to thank the some cases, I’m told, an even greater actor Brad Pitt, also a Missouri native, gentleman from Kentucky for his time amount of jobs in other places in the and the Make It Right Foundation un- and just take a moment to say how country. veiled plans to build over 100 super-en- much we appreciate working with him Simply put, this commonsense legis- ergy-efficient homes in New Orleans, and his staff on this legislation as lation provides technical corrections they looked around the world to find we’ve moved forward. which remove barriers to technologies low-cost, energy-efficient systems, and As has been mentioned here, the pur- and which untie the hands of compa- they chose Unico, creating more jobs in pose of this legislation, in many re- nies that manufacture here in the my hometown. We’re proud of that. spects, is to make critical technical United States of America. This means But it isn’t just about jobs, though. It’s changes to the 2007 Energy Independ- jobs. And not only by moving this leg- about becoming more energy efficient ence and Security Act, known as EISA, islation will we be able to create jobs, as a Nation. which will both preserve jobs and cre- but we’ll be able also to make sure that Heating and cooling account for 56 ate new jobs in several related fields of we continue economic growth in this percent of energy use in the typical industry. country. house, making it the largest energy ex- I want to speak in particular to sec- Therefore, I suggest and urge my col- pense for most families. Air condi- tion 313 of EISA as it relates to the ef- leagues that they support this legisla- tioners alone use roughly 5 percent of ficiency standards of walk-in coolers tion that’s on the floor today. all electricity nationwide, at a cost of

VerDate Mar 15 2010 00:50 Dec 05, 2012 Jkt 029060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K04DE7.026 H04DEPT1 jbell on DSK7SPTVN1PROD with December 4, 2012 CONGRESSIONAL RECORD — HOUSE H6605 over $11 billion to homeowners, releas- on. The language will codify these ly still reeling from the housing slump. ing nearly 100 million tons of carbon waivers already in place and set up a So they’ve got the skills and they need dioxide into the atmosphere. regulatory process so sellers of these the work; we put them back to work. The SPEAKER pro tempore. The systems can have relief from this regu- Then your bill at home, as a home- time of the gentleman has expired. latory burden. Furthermore, con- owner—whatever your heat source— Mr. WAXMAN. Mr. Speaker, I yield sumers will have peace of mind that goes down. This is sensible and we can the gentleman an additional 30 sec- these products are truly energy effi- do it. onds. cient while meeting their needs and It’s going to take some decisions on Mr. CARNAHAN. Domestic manufac- not just operating under a waiver. spending. I hope we can get past this turing and use of high-energy heating I urge my colleagues to support the notion that every dollar spent is a bad and cooling systems like the ones pro- entire bill, H.R. 6582. And to my friend, dollar spent. There are times when it duced by Unico will reduce energy up Mr. WAXMAN, who is very passionate on makes sense to invest because you get to 50 percent, save consumers billions climate, he also knows that there are a good return on it, and that’s from of dollars a year, and create jobs. I those of us who are just as passionate somebody who does believe that we’ve urge a ‘‘yes’’ vote on this bill and about jobs and the economy and the got to bring our budget in balance. thank my colleagues for their work fossil fuel economy, and I hope that we So I say to the sponsors of this legis- today. can work together in the next Con- lation, our leaders on the committee, Mr. WHITFIELD. Mr. Speaker, I gress. and my colleagues on both sides of the yield 4 minutes to the distinguished Mr. WAXMAN. Mr. Speaker, I am aisle, this is a tremendous down-pay- gentleman from Illinois (Mr. SHIMKUS), pleased at this time to yield 3 minutes ment on efficiency that will be good for who is chairman of the Environment to the gentleman from Vermont (Mr. this Congress to work together on and and Economy Subcommittee. WELCH), who is going to be joining good for this country to get it done. (Mr. SHIMKUS asked and was given again the Energy and Commerce Com- Mr. WHITFIELD. Mr. Speaker, I permission to revise and extend his re- mittee to my great delight. might say that we’re all looking for- marks.) Mr. WELCH. I thank the gentleman ward to working with the gentleman Mr. SHIMKUS. I also come down in from California, and I look forward to from Vermont as he comes back to the support of H.R. 6582 and want to ad- returning to the committee and work- Energy and Commerce Committee. dress the small duct, high velocity sys- ing with my colleagues on the other At this time, I’d like to yield 3 min- tem provisions in this bill. But first let side of the aisle as well. utes to the gentleman from Georgia me talk about my friend and colleague, I’m very pleased to be here sup- (Mr. WESTMORELAND), who wrote a por- RUSS CARNAHAN. The Carnahan name porting this legislation. Energy effi- tion of this bill. in my neighboring State of Missouri is ciency makes sense. We have brutal ar- Mr. WESTMORELAND. I want to well known and well respected. RUSS guments here about climate change, thank the gentleman from Kentucky added to that legacy, and I thank him about what is the right fuel source. for yielding me the time. I also want to for his service, and I thank him for his They’re dividing us. But the fact is thank the gentleman from Alabama friendship. whether you believe in climate change (Mr. ADERHOLT) for all the hard work Mr. Speaker, small duct, high veloc- or not, even under the bill that was that he and his staff and the staff of ity systems are a special type of heat- passed—not this session, but a session Energy and Commerce have put into ing, ventilating, and air conditioning ago—we could have met one-third of this. I also want to thank the gen- used especially for older homes and our climate reduction, carbon emission tleman from California and his staff for buildings that don’t have room for duct goals through efficiency. There is an working with us to get this small part work. In terms of delivered efficiency, enormous potential in efficiency to into this bill. these units are more energy efficient make this economy better, to create Mr. Speaker, we are asked a lot of than traditional HVAC units, a fact local jobs, to save people money. This times what part of this job we enjoy widely recognized, including by the De- legislation starts down that road, and the most, and whether you’re talking partment of Energy. it’s very good. to a school group or a group from one Unfortunately, more than 10 years I look and see some of my colleagues of the civic clubs, sometimes it’s hard ago, these small duct units were incor- over there, even my friend from Geor- to come up with an answer. But in this rectly lumped into a rulemaking for gia. I think we accidentally voted the case, this would be one of those cases regular HVAC units. Subsequent ad- same on one or two pieces of legisla- where we have come together, both ministrations have attempted to cor- tion this year—and I’m not quite sure sides of the aisle, and actually worked rect this error in the past through un- who made the mistake. But our eyes together. related rulemaking regarding effi- are wide open on this one with effi- To my friend from Vermont, I will ciency standards for different types of ciency. We know that this is good for tell you that hopefully those occasions units. However, the rulemaking for Georgia, it’s good for Vermont. And it where we vote together will not be as these unrelated units was challenged does not matter what your fuel source unusual as they have been. But I look and overturned. Because small duct, is—you can be a nuclear person or a forward to voting with him on this high velocity units were included, the clean energy person—using less is good issue because this is almost a jobs bill. court’s findings applied to them as for the pocketbook, it’s good for the We heard the gentleman from Alabama well. economy. and the gentleman from Missouri and I would like to expand on this when others talk about the number of jobs b 1250 we come back next year, find that area that this is going to save. This is tak- The result of the court ruling forbids where we’re in agreement on efficiency ing into consideration our precious en- DOE efficiency rulemakings that and energy and intensify it. When I ergy and making sure that we get the ratchet down standards already in served on the committee, we did pass best efficiency out of it, and at the place, even if those in place were pro- HOME STAR. I’ve partnered this ses- same time maintaining jobs. mulgated by mistake, as in the case of sion with Mr. MCKINLEY of West Vir- My part of this legislation is section these units. Despite this ruling, DOE ginia on a version of that, the HOMES 342(c), which deals with the display has recognized small duct high velocity Act, where we would give some incen- cases. In this case, in the State of systems as unique and that they should tive to homeowners to retrofit their Georgia and the city of Columbus, it have their own set of efficiency stand- homes. The evidence is that if you did has the potential of saving 1,180 jobs. ards. As a result, DOE has given these this in an aggressive way, 95 percent of At this point, with 13 million unem- systems waivers to be sold as efficient the materials that are used in retro- ployed in this country and many more products. fitting a home are manufactured in underemployed, it’s very important for Mr. Speaker, the provisions of H.R. America, so we put those manufac- us to come together. I think this is a 6582 related to small duct high velocity turing jobs back online. great example of how we can come to- systems are taken from H.R. 1499 that Number two, the folks who do the gether to make sure that we are good Mr. CARNAHAN and I have been working work are the trade folks, who are real- stewards of our energy, to make sure

VerDate Mar 15 2010 00:50 Dec 05, 2012 Jkt 029060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K04DE7.027 H04DEPT1 jbell on DSK7SPTVN1PROD with H6606 CONGRESSIONAL RECORD — HOUSE December 4, 2012 that our products are the best in the business certainty that is needed by small step, but it’s a step in the right world, the most energy efficient, but our manufacturers. This legislation has direction. And it will clarify some yet have commonsense regulations the potential of adding upwards of 1,000 issues that still need to be clarified. So that allow us to continue to push these jobs for domestic water heater manu- let’s get this done. and make these products here in this facturers, many of them in my home And in pursuit of that objective, I country. State of Tennessee, where there are al- yield back the balance of my time. So again, I want to thank everybody ready 3,000 jobs directly involved in the Mr. WHITFIELD. I also want to urge for their support and hard work on manufacturing of water heaters. everyone to support H.R. 6582, a small, this, and especially from those 1,180 I thank the chairman again. I thank modest, energy-efficiency bill that will people in Georgia that will be able to the gentleman from Alabama (Mr. save some jobs. maintain employment. ADERHOLT), and I also want to com- I certainly want to thank the Mem- Mr. WAXMAN. Mr. Speaker, I con- mend the gentleman from Tennessee bers of the Senate, the Senate staff, tinue to reserve my time. (Mr. COOPER). the gentleman from California (Mr. Mr. WHITFIELD. At this time, Mr. Mr. WHITFIELD. Mr. Speaker, at WAXMAN) and his committee staff, and Speaker, I would like to yield 3 min- this time, I would like to yield for a pe- certainly the Energy and Power staff utes to the gentlelady from Tennessee riod of 3 minutes to Dr. ROE of Ten- here on the House side for being in- (Mrs. BLACKburn), who is a member of nessee, who is a member of the Edu- volved in these negotiations and work- the Energy and Commerce Committee. cation Committee. ing this out. Mrs. BLACKBURN. Mr. Speaker, I do Mr. ROE of Tennessee. I thank the With that, Mr. Speaker, I yield back rise in strong support of H.R. 6582 chairman for yielding. the balance of my time. today. I am so pleased to stand and to Mr. Speaker, I rise today in support Mr. BISHOP of Georgia. Mr. Speaker, I rise thank Mr. WHITFIELD and Mr. ADER- of H.R. 6582. This legislation would es- today to extend my support for the American HOLT for the work that they have done tablish a uniform energy-efficiency Energy Manufacturing Technical Corrections on this. Also, I want to thank Mr. WAX- descriptor for all water heaters, walk- Act. The bill would lessen the regulatory burden MAN for his efforts in this bill. in freezers, and walk-in coolers. The I also want to commend my col- legislation also improves the testing on deli-style display cases (like the ones in grocery stores) by placing Service-Over-the- league, Mr. COOPER, from Tennessee. methods that determine whether or not He and I had authored a piece of legis- these products are energy efficient, Counter (SOTC) refrigerator units into a sepa- lation, H.R. 482, the Water Heater Rat- which will provide certainty for the rate product classification. Currently, SOTC refrigerator units must ing Improvement Act of 2011, and it is manufacturers of these products. meet the efficiency standards designed for now section 3 of the underlying bill. The importance in my district, in my commercial refrigerators otherwise called Essentially, what this section 3 hometown, is one of our largest manu- ‘‘reach-ins.’’ These SOTC units are designed would do is to fix a regulatory problem facturers there is A.O. Smith, which for maximum product visibility and presen- related to the test methodology that makes up to 8,000 water heaters a day. tation. They require more glass and lighting the DOE uses to calculate the effi- This is a real jobs issue in my home- than conventional reach-ins. Their inherent de- ciency levels of water heaters, which town. These jobs have good retirement sign makes it impossible to reach the min- even the DOE has acknowledged that plans and health insurance. Their com- imum efficiency standards established in the the way they’re doing this is broken petitors are both in Canada and Mex- Energy Policy Act of 2005. and it does need to be fixed. ico. And certainly we need to do any- There are a number of companies that This legislation will also level the thing we can to help support these would be affected by this regulation, totaling playing field for our domestic water local manufacturers. about 8,500 jobs across the country. One of heater manufacturers who are cur- This bill will make it easier for con- those five companies is Lennox, employs ap- rently at a competitive disadvantage sumers to compare the energy effi- proximately 1,700 people in the State of Geor- with the foreign manufacturers. Of ciency of products and eliminate confu- gia. Kysor/Warren became a subsidiary of course we all know our focus is on jobs sion that stems from having more than Lennox International in 2011, and the com- and the economy and getting our do- one type of label. The decision to in- pany has been a leading manufacturer of re- mestic manufacturing back to the pace vest in a large-scale appliance of this frigerated systems and display cases for su- where it should be for global competi- nature is a big one, and during these permarkets throughout North America. By cre- tion. tough economic times, consumers de- serve information that’s easily under- ating a separate product class for service- b 1300 stood so that they can make well-in- over-the-counter products, we can help save Essentially the problem is this: under formed decisions. It’s also helpful for jobs in many communities. the current standards, the small and manufacturers to have clear guidelines Mr. Speaker, I ask my colleagues to join me large water heaters are divided into for how products will be judged for en- in support of this important legislation to pro- two categories under two separate Fed- ergy efficiency. And this is why—just tect American jobs in our communities. The SPEAKER pro tempore. The eral statutes. These statutes are based to simplify what’s going on to make it question is on the motion offered by on an arbitrary gallon capacity and en- easier for our manufacturers. the gentleman from Kentucky (Mr. ergy input ratings. The smaller water And let me tell you, I’ve walked WHITFIELD) that the House suspend the heaters are covered by the National through A.O. Smith’s plant. I’ve been rules and pass the bill, H.R. 6582, as Appliance Energy Conservation Act through it. It’s absolutely incredible to and are rated using an Energy Factor, amended. see a piece of sheet metal, to see our The question was taken. or an EF rating. Now the larger water manufacturers take a piece of metal The SPEAKER pro tempore. In the heaters are within the scope of the En- and produce 8,000 water heaters in a opinion of the Chair, two-thirds being ergy Policy Act and are rated using a single day for consumption in the in the affirmative, the ayes have it. Thermal Efficiency, or TE rating. United States. I have one in my home. Mr. WHITFIELD. Mr. Speaker, on The problem facing American manu- That’s what I use. And I proudly have that I demand the yeas and nays. facturers is that under the current one in my apartment here in Wash- The yeas and nays were ordered. rules of the road, only the small water ington, D.C. The SPEAKER pro tempore. Pursu- heaters are deemed eligible under the I would encourage support of this ant to clause 8 of rule XX, further pro- ENERGY STAR program. This is non- measure. ceedings on this question will be post- sensical. It’s an outdated measure and Mr. WAXMAN. Mr. Speaker, I have poned. disqualifies our large American-made no further requests for time on my side f water heaters from being covered by of the aisle to support this legislation. the ENERGY STAR ratings regardless I know that almost all Democrats that RECESS of how advanced or how highly effi- I have talked to think it’s a good bill. The SPEAKER pro tempore. Pursu- cient they may be. I have urged the others to join with ant to clause 12(a) of rule I, the Chair The legislation before us today would them in supporting it. I think it’s a declares the House in recess until ap- provide the necessary regulatory and worthwhile piece of legislation. It’s a proximately 1:45 p.m. today.

VerDate Mar 15 2010 00:50 Dec 05, 2012 Jkt 029060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K04DE7.030 H04DEPT1 jbell on DSK7SPTVN1PROD with December 4, 2012 CONGRESSIONAL RECORD — HOUSE H6607 Accordingly (at 1 o’clock and 4 min- Courtney Israel Payne Van Hollen Watt Womack ´ utes p.m.), the House stood in recess. Cravaack Issa Pearce Velazquez Waxman Woodall Crawford Jackson Lee Pelosi Visclosky Webster Woolsey f Crenshaw (TX) Perlmutter Walberg West Yarmuth Critz Jenkins Peters Walden Westmoreland Yoder b 1345 Crowley Johnson (GA) Peterson Walsh (IL) Whitfield Young (AK) Cuellar Johnson (OH) Petri Walz (MN) Wilson (FL) Young (FL) AFTER RECESS Culberson Johnson, E. B. Pingree (ME) Wasserman Wilson (SC) Young (IN) Cummings Johnson, Sam Pitts Schultz Wittman The recess having expired, the House Curson (MI) Jones Poe (TX) Waters Wolf was called to order by the Speaker pro Davis (CA) Jordan Polis DeFazio Kaptur Pompeo NAYS—2 tempore (Mr. YODER) at 1 o’clock and DeGette Keating Posey Amash McClintock 45 minutes p.m. DeLauro Kelly Price (GA) DelBene Kildee Price (NC) ANSWERED ‘‘PRESENT’’—1 f Denham Kind Quayle Emerson Dent King (IA) Quigley ANNOUNCEMENT BY THE SPEAKER DesJarlais King (NY) Rahall NOT VOTING—30 PRO TEMPORE Deutch Kingston Rangel Ackerman Gingrey (GA) Miller, Gary Diaz-Balart Kinzinger (IL) Reed Akin Grijalva Nunes The SPEAKER pro tempore. Pursu- Dicks Kissell Rehberg Baca Hastings (FL) Paul ant to clause 8 of rule XX, proceedings Dingell Kucinich Reichert Bachmann Heinrich Pence will resume on questions previously Doggett Labrador Renacci Bartlett Higgins Platts postponed. Votes will be taken in the Dold Lamborn Reyes Bass (NH) Hinchey Rothman (NJ) Donnelly (IN) Lance Ribble Bonner Johnson (IL) Schilling following order: Doyle Landry Richardson Bono Mack Kline Sullivan Motion to suspend on H.R. 6582 and Dreier Langevin Richmond Davis (IL) Mack Towns approval of the Journal, each by the Duffy Lankford Rigell Fortenberry Marino Welch Duncan (SC) Larsen (WA) Rivera yeas and nays. Duncan (TN) Larson (CT) Roby b 1407 The first electronic vote will be con- Edwards Latham Roe (TN) ducted as a 15-minute vote. The second Ellison LaTourette Rogers (AL) Ms. WILSON of Florida changed her electronic vote will be conducted as a Ellmers Latta Rogers (KY) vote from ‘‘nay’’ to ‘‘yea.’’ Engel Lee (CA) Rogers (MI) 5-minute vote. So (two-thirds being in the affirma- Eshoo Levin Rohrabacher tive) the rules were suspended and the Farenthold Lewis (CA) Rokita f Farr Lewis (GA) Rooney bill, as amended, was passed. Fattah Lipinski Ros-Lehtinen The result of the vote was announced AMERICAN ENERGY MANUFAC- Fincher LoBiondo Roskam as above recorded. TURING TECHNICAL CORREC- Fitzpatrick Loebsack Ross (AR) A motion to reconsider was laid on TIONS ACT Flake Lofgren, Zoe Ross (FL) Fleischmann Long Roybal-Allard the table. The SPEAKER pro tempore. The un- Fleming Lowey Royce f finished business is the vote on the mo- Flores Lucas Runyan tion to suspend the rules and pass the Forbes Luetkemeyer Ruppersberger ´ THE JOURNAL bill (H.R. 6582) to allow for innovations Foxx Lujan Rush Frank (MA) Lummis Ryan (OH) The SPEAKER pro tempore. The un- and alternative technologies that meet Franks (AZ) Lungren, Daniel Ryan (WI) finished business is the question on Frelinghuysen E. Sa´ nchez, Linda or exceed desired energy efficiency agreeing to the Speaker’s approval of goals, and to make technical correc- Fudge Lynch T. Gallegly Maloney Sanchez, Loretta the Journal, on which the yeas and tions to existing Federal energy effi- Garamendi Manzullo Sarbanes nays were ordered. ciency laws to allow American manu- Gardner Marchant Scalise Garrett Markey Schakowsky The question is on the Speaker’s ap- facturers to remain competitive, as proval of the Journal. amended, on which the yeas and nays Gerlach Massie Schiff Gibbs Matheson Schmidt This will be a 5-minute vote. were ordered. Gibson Matsui Schock The vote was taken by electronic de- Gohmert McCarthy (CA) Schrader The Clerk read the title of the bill. vice, and there were—yeas 290, nays The SPEAKER pro tempore. The Gonzalez McCarthy (NY) Schwartz Goodlatte McCaul Schweikert 106, answered ‘‘present’’ 2, not voting question is on the motion offered by Gosar McCollum Scott (SC) 33, as follows: the gentleman from Kentucky (Mr. Gowdy McDermott Scott (VA) [Roll No. 615] WHITFIELD) that the House suspend the Granger McGovern Scott, Austin Graves (GA) McHenry Scott, David YEAS—290 rules and pass the bill, as amended. Graves (MO) McIntyre Sensenbrenner Aderholt Butterfield The vote was taken by electronic de- Green, Al McKeon Serrano Cummings Alexander Calvert Green, Gene McKinley Sessions Davis (CA) vice, and there were—yeas 398, nays 2, Altmire Camp Griffin (AR) McMorris Sewell DeGette answered ‘‘present’’ 1, not voting 30, as Amodei Campbell Griffith (VA) Rodgers Sherman DeLauro Austria Canseco follows: Grimm McNerney Shimkus DelBene Bachus Cantor Guinta Meehan Shuler Dent [Roll No. 614] Barber Capito Guthrie Meeks Shuster Deutch Barletta Capps YEAS—398 Gutierrez Mica Simpson Diaz-Balart Barrow Carnahan Adams Blackburn Carnahan Hahn Michaud Sires Dicks Barton (TX) Carney Aderholt Blumenauer Carney Hall Miller (FL) Slaughter Doggett Becerra Carson (IN) Alexander Bonamici Carson (IN) Hanabusa Miller (MI) Smith (NE) Doyle Berg Carter Altmire Boren Carter Hanna Miller (NC) Smith (NJ) Dreier Berkley Cassidy Amodei Boswell Cassidy Harper Miller, George Smith (TX) Duncan (SC) Berman Castor (FL) Andrews Boustany Castor (FL) Harris Moore Smith (WA) Duncan (TN) Biggert Chabot Austria Brady (PA) Chabot Hartzler Moran Southerland Edwards Bilbray Chaffetz Bachus Brady (TX) Chaffetz Hastings (WA) Mulvaney Speier Ellmers Bilirakis Chandler Baldwin Braley (IA) Chandler Hayworth Murphy (CT) Stark Emerson Bishop (GA) Chu Barber Brooks Chu Heck Murphy (PA) Stearns Engel Bishop (UT) Cicilline Barletta Broun (GA) Cicilline Hensarling Myrick Stivers Farr Black Clarke (MI) Barrow Brown (FL) Clarke (MI) Herger Nadler Stutzman Fattah Blackburn Clay Barton (TX) Buchanan Clarke (NY) Herrera Beutler Napolitano Sutton Fincher Blumenauer Cleaver Bass (CA) Bucshon Clay Himes Neal Terry Flake Bonamici Clyburn Becerra Buerkle Cleaver Hinojosa Neugebauer Thompson (CA) Fleischmann Boren Coble Benishek Burgess Clyburn Hirono Noem Thompson (MS) Fleming Boustany Cohen Berg Burton (IN) Coble Hochul Nugent Thompson (PA) Flores Brady (TX) Cole Berkley Butterfield Coffman (CO) Holden Nunnelee Thornberry Forbes Braley (IA) Connolly (VA) Berman Calvert Cohen Holt Olson Tiberi Franks (AZ) Brooks Conyers Biggert Camp Cole Honda Olver Tierney Frelinghuysen Broun (GA) Cooper Bilbray Campbell Conaway Hoyer Owens Tipton Fudge Brown (FL) Courtney Bilirakis Canseco Connolly (VA) Huelskamp Palazzo Tonko Gallegly Buchanan Cravaack Bishop (GA) Cantor Conyers Huizenga (MI) Pallone Tsongas Garamendi Bucshon Crenshaw Bishop (NY) Capito Cooper Hultgren Pascrell Turner (NY) Gerlach Buerkle Cuellar Bishop (UT) Capps Costa Hunter Pastor (AZ) Turner (OH) Gibbs Burton (IN) Culberson Black Capuano Costello Hurt Paulsen Upton Gonzalez

VerDate Mar 15 2010 01:42 Dec 05, 2012 Jkt 029060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K04DE7.032 H04DEPT1 jbell on DSK7SPTVN1PROD with H6608 CONGRESSIONAL RECORD — HOUSE December 4, 2012 Goodlatte McCaul Ryan (WI) Thompson (MS) Visclosky Woolsey Garamendi Luetkemeyer Ros-Lehtinen Gosar McClintock Sanchez, Loretta Tipton Waters Yoder Gardner Luja´ n Roskam Gowdy McCollum Scalise Vela´ zquez Woodall Young (AK) Garrett Lummis Ross (AR) Green, Al McHenry Schiff Gerlach Lungren, Daniel Ross (FL) Griffith (VA) McIntyre Schmidt ANSWERED ‘‘PRESENT’’—2 Gibbs E. Roybal-Allard Grimm McKeon Schrader Amash Owens Gibson Lynch Royce Guthrie McMorris Schwartz Gonzalez Maloney Runyan Gutierrez Rodgers Schweikert NOT VOTING—33 Goodlatte Manzullo Ruppersberger Hahn McNerney Scott (SC) Ackerman Gingrey (GA) Marino Gosar Marchant Rush Hall Meeks Scott (VA) Akin Gohmert Miller, Gary Gowdy Markey Ryan (OH) Hanabusa Mica Scott, Austin Baca Granger Nunes Granger Massie Ryan (WI) Harper Michaud Scott, David Bachmann Grijalva Paul Graves (GA) Matheson Sa´ nchez, Linda Harris Miller (FL) Sensenbrenner Bartlett Hastings (FL) Pence Graves (MO) Matsui T. Hastings (WA) Miller (MI) Serrano Bass (NH) Heinrich Platts Green, Al McCarthy (CA) Sanchez, Loretta Hayworth Miller (NC) Sessions Bonner Higgins Rothman (NJ) Green, Gene McCarthy (NY) Sarbanes Hensarling Moran Sewell Bono Mack Hinchey Schilling Griffin (AR) McCaul Scalise Herger Murphy (CT) Sherman Davis (IL) Johnson (IL) Sullivan Griffith (VA) McClintock Schakowsky Hinojosa Murphy (PA) Shimkus Fortenberry Kline Towns Grimm McCollum Schiff Hirono Myrick Shuler Frank (MA) Mack Walberg Guinta McDermott Schmidt Hochul Nadler Shuster Guthrie McGovern Schock ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Holden Napolitano Simpson Gutierrez McHenry Schrader Huelskamp Neal Sires The SPEAKER pro tempore (during Hahn McIntyre Schwartz Huizenga (MI) Noem Hall McKeon Slaughter Schweikert Hultgren Nugent the vote). There are 2 minutes remain- Hanabusa McKinley Smith (NE) Scott (SC) Hurt Nunnelee ing. Hanna McMorris Smith (NJ) Scott (VA) Issa Olson Harper Rodgers Smith (TX) Scott, Austin Jenkins Palazzo 1414 Harris McNerney Smith (WA) b Scott, David Johnson (GA) Pascrell Hartzler Meehan Speier Sensenbrenner Johnson, Sam Payne So the Journal was approved. Hastings (WA) Meeks Stark Serrano Jones Pearce The result of the vote was announced Hayworth Mica Stearns Sessions Jordan Pelosi Heck Michaud Stivers as above recorded. Sewell Kaptur Perlmutter Hensarling Miller (FL) Stutzman Sherman Keating Petri f Herger Miller (MI) Shimkus Kelly Pingree (ME) Sutton Herrera Beutler Miller (NC) Thompson (PA) Shuler King (IA) Pitts MOTION TO ADJOURN Himes Miller, George Shuster King (NY) Polis Thornberry Hinojosa Moore Simpson Kingston Pompeo Tiberi Mr. ELLISON. Mr. Speaker, I move Hirono Moran Sires Kissell Posey Tierney Hochul Mulvaney that the House do now adjourn. Slaughter Labrador Price (NC) Tonko Holden Murphy (CT) The question was taken; and the Smith (NE) Lamborn Quigley Tsongas Holt Murphy (PA) Smith (NJ) Langevin Rangel Turner (NY) Speaker pro tempore announced that Honda Myrick Smith (TX) Lankford Rehberg Turner (OH) the noes appeared to have it. Hoyer Nadler Smith (WA) Larsen (WA) Reichert Upton Huelskamp Napolitano RECORDED VOTE Southerland Larson (CT) Reyes Van Hollen Huizenga (MI) Neugebauer Speier LaTourette Ribble Walden Mr. ELLISON. Mr. Speaker, I demand Hultgren Noem Stark Levin Richardson Walsh (IL) a recorded vote. Hunter Nugent Stearns Lewis (CA) Richmond Walz (MN) A recorded vote was ordered. Hurt Nunnelee Lipinski Rivera Wasserman Israel Olson Stivers Loebsack Roby Schultz The vote was taken by electronic de- Issa Olver Stutzman Lofgren, Zoe Rogers (AL) Watt vice, and there were—ayes 3, noes 393, Jackson Lee Owens Sutton Long Rogers (KY) Waxman not voting 35, as follows: (TX) Palazzo Terry Lowey Rogers (MI) Webster Jenkins Pallone Thompson (CA) Lucas Rohrabacher Welch [Roll No. 616] Johnson (GA) Pascrell Thompson (MS) Luetkemeyer Rokita West AYES—3 Johnson (OH) Pastor (AZ) Thompson (PA) Luja´ n Ros-Lehtinen Westmoreland Johnson, E. B. Paulsen Thornberry Conyers Cravaack Rangel Lummis Roskam Whitfield Johnson, Sam Payne Tiberi Lungren, Daniel Ross (AR) Wilson (FL) NOES—393 Jones Pearce Tierney E. Ross (FL) Wilson (SC) Jordan Pelosi Tipton Maloney Roybal-Allard Wittman Adams Butterfield Davis (CA) Kaptur Perlmutter Tonko Manzullo Royce Wolf Aderholt Calvert DeFazio Keating Peters Tsongas Markey Runyan Womack Alexander Camp DeGette Kelly Peterson Turner (NY) Massie Ruppersberger Yarmuth Altmire Campbell DeLauro Kildee Petri Turner (OH) McCarthy (CA) Rush Young (FL) Amash Canseco DelBene Kind Pingree (ME) Upton McCarthy (NY) Ryan (OH) Young (IN) Amodei Cantor Denham King (IA) Pitts Van Hollen Andrews Capito Dent King (NY) Poe (TX) Vela´ zquez NAYS—106 Bachus Capps DesJarlais Kingston Polis Visclosky Baldwin Capuano Deutch Kinzinger (IL) Pompeo Walberg Adams Gibson Matheson Barber Carnahan Diaz-Balart Kissell Posey Walden Andrews Graves (GA) Matsui Barletta Carney Dicks Kucinich Price (GA) Walsh (IL) Baldwin Graves (MO) McDermott Barrow Carson (IN) Dingell Labrador Price (NC) Walz (MN) Bass (CA) Green, Gene McGovern Barton (TX) Carter Doggett Lamborn Quayle Wasserman Benishek Griffin (AR) McKinley Bass (CA) Cassidy Dold Lance Quigley Schultz Bishop (NY) Guinta Meehan Becerra Castor (FL) Donnelly (IN) Landry Rahall Watt Boswell Hanna Miller, George Benishek Chabot Doyle Langevin Reed Waxman Brady (PA) Hartzler Moore Berg Chaffetz Dreier Lankford Rehberg Webster Burgess Heck Mulvaney Berkley Chandler Duffy Larsen (WA) Reichert Welch Capuano Herrera Beutler Neugebauer Berman Chu Duncan (SC) Larson (CT) Renacci West Clarke (NY) Himes Olver Biggert Cicilline Duncan (TN) Latham Reyes Westmoreland Coffman (CO) Holt Pallone Bilirakis Clarke (MI) Edwards LaTourette Ribble Whitfield Conaway Honda Pastor (AZ) Bishop (GA) Clarke (NY) Ellison Latta Richardson Wilson (FL) Costa Hoyer Paulsen Bishop (NY) Clay Ellmers Lee (CA) Richmond Wilson (SC) Costello Hunter Peters Bishop (UT) Cleaver Emerson Levin Rigell Wittman Crawford Israel Peterson Black Clyburn Engel Lewis (CA) Rivera Wolf Critz Jackson Lee Poe (TX) Blackburn Coble Eshoo Lewis (GA) Roby Womack Crowley (TX) Price (GA) Blumenauer Coffman (CO) Farenthold Lipinski Roe (TN) Woodall Curson (MI) Johnson (OH) Quayle Bonamici Cohen Farr LoBiondo Rogers (AL) Woolsey DeFazio Johnson, E. B. Rahall Boren Cole Fattah Loebsack Rogers (KY) Yarmuth Denham Kildee Reed Boswell Conaway Fincher Lofgren, Zoe Rogers (MI) Yoder DesJarlais Kind Renacci Boustany Connolly (VA) Fitzpatrick Long Rohrabacher Young (AK) Dingell Kinzinger (IL) Rigell Brady (PA) Cooper Flake Lowey Rokita Young (FL) Dold Kucinich Roe (TN) Brady (TX) Costa Fleischmann Lucas Rooney Young (IN) Donnelly (IN) Lance Rooney Braley (IA) Costello Fleming ´ Duffy Landry Sanchez, Linda Brooks Courtney Flores NOT VOTING—35 Ellison Latham T. Broun (GA) Crawford Forbes Eshoo Latta Sarbanes Brown (FL) Crenshaw Foxx Ackerman Bass (NH) Fortenberry Farenthold Lee (CA) Schakowsky Buchanan Crowley Frank (MA) Akin Bilbray Gingrey (GA) Fitzpatrick Lewis (GA) Schock Bucshon Cuellar Franks (AZ) Austria Bonner Gohmert Foxx LoBiondo Southerland Buerkle Culberson Frelinghuysen Baca Bono Mack Grijalva Gardner Lynch Terry Burgess Cummings Fudge Bachmann Critz Hastings (FL) Garrett Marchant Thompson (CA) Burton (IN) Curson (MI) Gallegly Bartlett Davis (IL) Heinrich

VerDate Mar 15 2010 00:50 Dec 05, 2012 Jkt 029060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\A04DE7.013 H04DEPT1 jbell on DSK7SPTVN1PROD with December 4, 2012 CONGRESSIONAL RECORD — HOUSE H6609 Higgins Miller, Gary Rothman (NJ) other game from their playbook—raise uary 5, 2011, the gentleman from Cali- Hinchey Neal Schilling taxes and increase spending, as always. fornia (Mr. GARAMENDI) is recognized Johnson (IL) Nunes Sullivan Kline Paul Towns f for 60 minutes as the designee of the Mack Pence Waters minority leader. Marino Platts CHRISTMAS CARDS AND HOLIDAY Mr. GARAMENDI. Mr. Speaker and CARDS FOR OUR TROOPS ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE colleagues and the general public, The SPEAKER pro tempore (during (Mr. POE of Texas asked and was there has been a lot of discussion in the the vote). There are 2 minutes remain- given permission to address the House last several days about what to do with ing. for 1 minute.) the fiscal cliff. Is it a cliff? Is it not a Mr. POE of Texas. Mr. Speaker, on cliff? Is it a slope? Is it the end of b 1431 Christmas Day, most of us will wake America as we know it, or whatever. up with our families, the smell of Tur- Mr. MCINTYRE changed his vote But in this debate, there are a few from ‘‘aye’’ to ‘‘no.’’ key in the oven, and homemade apple things that are absolutely critical—tax So the motion to adjourn was re- pie, but on the other side of the world, policy, the President has laid it out there are men and women who will jected. very, very clearly, as did the election. wake up in the middle of the desert The result of the vote was announced We’re going to do tax reform, yes. And who are representing and protecting as above recorded. it’s time for those at the upper end of America’s liberty. Those are our great PERSONAL EXPLANATION this wealthy country to pay their fair American warriors. share. So the President has made it Mr. PLATTS. Mr. Speaker, on rollcall Nos. In 2005, I went to see our troops in very clear: we’re going to raise the 614, 615, and 616, I missed the votes due to Iraq during the Christmas season. Be- rates on those making over $250,000 a stopping to assist at an automobile accident fore I left, I asked my staff to get local year. And by the way, we ought to be scene. Had I been present, I would have schoolkids to make some handmade very clear understanding what that voted ‘‘aye’’ on rollcall No. 614, ‘‘aye’’ on roll- Christmas cards that I could give the call No. 615, and ‘‘nay’’ on rollcall No. 616. troops, and I took about 5,000 Christ- means. That means 100 percent of Americans get a tax break on the first f mas cards to our troops in Iraq and in Kosovo. Every year since then, Mr. $250,000 of income. Over that, yes, HOUR OF MEETING ON TOMORROW Speaker, kids in southeast Texas have they’ll pay a higher rate, marginal been making Christmas cards and holi- rate, for that over the top. Mr. MCHENRY. I ask unanimous con- Hey, but what I really want to talk day cards for our troops in Afghanistan sent that when the House adjourns about today with my colleagues who and Iraq and in other parts of the today, it adjourn to meet at 9 a.m. to- will be joining me in the next few min- world. morrow. utes is another part of this debate, and The SPEAKER pro tempore (Mr. I want you to know that school- children in southeast Texas made 69,000 that is on the reductions in Federal ex- FARENTHOLD). Is there objection to the penditures. What’s the best way to do request of the gentleman from North handmade Christmas cards for our troops in Afghanistan and Iraq and in it? How are we going to reduce Federal Carolina? expenditures? There are those that say There was no objection. other parts of the world that will be taken to them this Christmas. I want take on the entitlements. Make the f to thank all of those numerous schools, seniors pay more. End Medicare as we know it. Turn it into a voucher pro- FISCAL CLIFF teachers, and chambers of commerce in southeast Texas. gram. Or maybe turn it into a premium (Mr. FLEMING asked and was given God bless every one of you for help- support program which, as a former in- permission to address the House for 1 ing our men and women overseas have surance commissioner, I know exactly minute.) a better connection with our families what that means. That means if you’re Mr. FLEMING. For 2 years, President and our young people in this country over 65, hey, you’re going to get to go Obama and Democrats have clamored and for letting them know that Texans buy insurance from the rapacious for a so-called ‘‘balanced approach’’ to are thinking of them. health insurance companies. Good fix the budget deficit by raising taxes And that’s just the way it is. luck. Premium support, just another in exchange for entitlement reform. We Hargrave High School JROTC; Humble way to end Medicare as we know it. must reform entitlements. We know ISD; Timbers Elementary; Douglass Learn- Voucher programs, another way to end that, without reform, Medicare be- ing Academy; KARW; Norma’s Bookkeeping Medicare as we know it. comes insolvent in just 10 years. Then and Tax Service; Haude Elementary; Salyers In the last election, this was a cen- there’s welfare. For the first year ever, Elementary; Crockett Elementary; Girl tral part of the debate here in America. we spent over $1 trillion on welfare, Scout Troop 21157; Tarkington Primary And it was clear: no way, no how are School; Cadette Girl Scout Troop; Goose and food stamp usage is up now to 15 Creek CISD; Brownie Girl Scout Troop 16253; we going that way. There are others percent of the population. All of this is Spring, 4-H, Girl Scout Troop 26184; Girl who proposed, well, why don’t we just creating annual trillion-dollar deficits, Scout Troop 26015; Marauder Composite raise the age to 67? Interesting, very which, along with anemic economic Squadron; Holy Trinity Episcopal School; Hi interesting proposal. Well, it will save growth and stubbornly high unemploy- Neighbors Group; Ronald Reagan Republican Medicare a little bit of money, but ment, means 23 million Americans still Women; Village Learning & Achievement what does it do to those people who are have no jobs. Center; McAdams Associates Real Estate. Schochler Elementary; Rikki Wheeler and 65 to 67 years of age? It denies them the Now some Republicans say they’d the Baytown Chamber of Commerce; Oper- opportunity to get affordable health in- consider a balanced approach, but how ation Independence; Ross Sterling High surance in the Medicare program and much revenue is gathered from the tax School; Horace Mann Middle School; Alamo simply throws those people off to the increases proposed by Democrats? Elementary; San Jacinto Methodist Hos- wolves, again, to the rapacious health About $80 billion a year. That’s barely pital; Kingwood Middle School; Woodland insurance companies. And by the way, enough to run Washington for 8 days. Hills Elementary; Sterling Middle School; those are exactly the people that the Mr. Speaker, we are less than 4 weeks Timberwood Middle School; Beaumont Inde- pendent School District; Lamar University; health insurance companies don’t from falling off the fiscal cliff. It’s Boy Scouts; Deerbrook Baptist Church; Port want. They’re the people who have time for Democrats to come to the Neches Elementary; Chambers County Pilot higher expenditures. They’re the ones table with something more than job- Club; Neverland Rec. Center; Westbrook who are beginning to get health issues, killing taxes. If they have serious ideas High School; Marshall Middle School; St. so the health insurance companies for entitlement reform, the American Thomas Episcopal Church, Beaumont, TX. don’t want them. How are they going people deserve to hear them. Unfortu- f to get insurance? They’re going to get nately, Mr. Speaker, the reason we b 1440 insurance at a very high cost, if at all. haven’t heard Democrat ideas for enti- And, oh, by the way, there are those tlement reform may be because they ADDRESSING THE FISCAL CLIFF that want to do away with the Afford- have no plans to cut or to reform enti- The SPEAKER pro tempore. Under able Health Care Act. In the Affordable tlement spending at all. This is just an- the Speaker’s announced policy of Jan- Health Care Act, there’s this thing

VerDate Mar 15 2010 01:42 Dec 05, 2012 Jkt 029060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\A04DE7.015 H04DEPT1 jbell on DSK7SPTVN1PROD with H6610 CONGRESSIONAL RECORD — HOUSE December 4, 2012 called the Patients’ Bill of Rights. The talks about the poor and what we need earlier, the recipients, those people Patients’ Bill of Rights guarantees to do to help raise the standards. that are 64, 65, 66, going into that cat- that insurance companies cannot deny That’s what we’re supposed to be doing egory are people that possibly are al- you based upon a preexisting condition. in the people’s House. During the cam- ready struggling, lost their jobs, they However, they can charge differential paign, they constantly confused the need that health care, they have a pre- rates based upon age. So that notion of American people, talking about the existing condition, and now their very somehow saving Medicare by keeping $715 billion that was in both proposals life is threatened having to wait that people from getting Medicare is the that was savings, that we put back into much longer. back way to go, and it is a nonstarter, the system that helped people that We all look to take care of small at least with me and I think many of were receiving their prescription drugs. business and private insurance funds, my colleagues. We were helping to lower the cost. In such as VEBAs and those types of insti- There are things that can be done in fact, we were plugging the doughnut tutions that money is forecast to pay Medicare, and we’re going to talk hole. So that argument is over. And for various health care, and you about those things that we can do here the fact is that it will be 434–1. I will stretch out 2 more years of their cov- with our colleagues today. We also never vote to do anything with Social erage, small business now has to pay want to pick up the issue of Social Se- Security as we speak. higher premiums to cover those em- curity. Let’s be very clear: the deficit And when you talk about Medicaid ployees that last those 2 more years. situation faced by the United States is and Medicare, many of those people are And they either have to make a choice: not a Social Security problem. It is not in nursing homes that cannot speak for They reduce what they give in cov- a Social Security problem. Social Se- themselves. They only have us as their erage or they eliminate it altogether, curity is stand-alone. It is not part of voices. And as we negotiate and dis- or they shift those premium costs to the American deficit. It’s an issue that cuss, let’s look at one group, African the worker. It’s happened over and over over the years has come back before American men. Most of them don’t live and over again, and we need to avoid the American public. The Congresses in long enough to benefit, and everything that in this coming legislation. the past have dealt with it, extended is not equal. When we look at jobs and Mr. GARAMENDI. Mr. CURSON, the viability of Social Security for professions, many of you have these thank you so very much for your years and years, and this Congress does nice cushiony jobs, and so we don’t thoughtful discussion of the age issue— not need to deal with this problem this even have to worry about raising the it’s a profoundly important one—and year or even next year in the 113th age. But when we look at people who also bringing up the issue of what is Congress. Down the road it must be actually work for a living, whether the cost of Medicare administration dealt with—and there are numerous we’re talking about bridges or whether compared to the private health insur- ways it can be—but to bring Social Se- we’re talking about driving trains or ance companies. You’re quite correct. curity into the deficit debate is only to trucks, you want to raise the limit for Medicare is a very efficiently run pro- cloud this debate and to make it far them? So there are many issues that gram, very efficient in collecting the more difficult for us to find a solution. need to be discussed as we move for- money and paying the bills, far more Now, my Democratic colleagues and I ward. than you would ever find in the private and the President have made it very But when President Clinton was in health insurance sector, perhaps by a clear we understand the necessity of office, he left this country in the black. factor of 4—3, 4, maybe even 5 in some solving this problem and we’re willing The people have weighed in. They’ve cases. Also, Medicare has had an ex- to compromise. The President has put indicated that we want to move for- traordinary run of keeping the costs on the table a very complete, detailed ward, put people to work; but we want down. program about how we can deal with to do it through a fair method of doing I’d like now to call upon Mr. JOE the deficit both in the short term and it, and that is not cutting programs COURTNEY of Rhode Island—Con- in the years ahead. And we need to pro- that impact the working poor in this necticut. I’ve made two mistakes today ceed with that. Unfortunately, it was country. about my colleagues’ locale. just simply dismissed and a new—well, Mr. GARAMENDI. Well, you’re abso- JOE, it’s yours. not a new—actually a rebaked, redone, lutely correct about that. The proposal Mr. COURTNEY. Thank you, Con- rehashed proposal was put on the table to cut Medicare benefits is a non- gressman GARAMENDI. And I realize by our Republican colleagues yester- starter. There are things that can be there’s congressional districts in Cali- day, one that really doesn’t move us done in Medicare to reduce the cost, fornia that are probably bigger than toward a compromise. We need to get and much has already been done. Rhode Island and Connecticut com- there. We need to get a compromise I would like to ask my colleague bined, so I won’t hold it against you under way. So let’s see if we can figure from the great State of Michigan to too hard. out how to do it. join us. Mr. CURSON is a new Member of Thank you for taking time on the I see several of my colleagues here. Congress, came in a special election floor today to spend some time talking I’m not sure which one was first up, about a month ago. Welcome. We are about Social Security, Medicare, and but it looks like it might be Florida. delighted to have you join us. Medicaid. This really is the moment of Ms. BROWN of Florida. I’m CORRINE Mr. CURSON of Michigan. Thank truth right now. BROWN from Florida, and I’m from the you, and I agree wholeheartedly with Yesterday, the Republican leadership home of Claude Pepper. He was a House what’s been said so far, and what I came out with their package in terms Member and a Senator, but he was Mr. really want to say is Medicare is run of trying to deal with the so-called fis- Social Security. He was here during more efficiently than nearly any insur- cal cliff, and even though, for months, the time of Ronald Reagan, and he ance company in the world. made sure that Social Security, which they have not really fleshed out with was enacted under the Democrats, and b 1450 great detail where they wanted to see I will never forget, Newt Gingrich said They devote less than 2 percent of its savings, yesterday they did. They came that he wanted it to ‘‘wither on the funding to administrative expenses, out with a proposal which talked about vine.’’ That’s been their philosophy. and you compare that to a private in- raising the eligibility age for Medicare Now, I feel that Medicaid, Medicare, surance company that costs up to 40 from 65 to 67. and Social Security is the difference percent of premiums for individuals They talked about recalculating the between us and many of the Third and small group plans for administra- cost-of-living-adjustment for seniors World countries. In fact, it has been tion and to pay their executives six- who are on Social Security. It’s the so- the bedrock of American politics as far and seven-figure salaries to do the called chained CPI, which would lower as helping to raise the standards. same thing that’s administrated by the year-in and year-out increase for You know, many of my colleagues Medicare officials. people on Social Security in terms of often talk about the Bible. Well, the Also, the attempt to move Medicare keeping up with the cost of living. Bible says—I’ve never heard them say eligibility from 65 to 67 sounds like an These proposals really need a full, let’s help the rich—the Bible always easy fix. Well, not only, as was spoken vigorous debate before the American

VerDate Mar 15 2010 00:50 Dec 05, 2012 Jkt 029060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K04DE7.040 H04DEPT1 jbell on DSK7SPTVN1PROD with December 4, 2012 CONGRESSIONAL RECORD — HOUSE H6611 people before we move in that direc- fordable Care Act, which put a number sion here today because it’s important tion, which I would argue, and cer- of really intelligent changes into Medi- to get these facts out. tainly you and others here this after- care, promoting preventive care serv- Mr. GARAMENDI. Mr. COURTNEY of noon, would be the wrong direction for ices, prescription drug coverage, mak- the great State of Connecticut, thank middle class and working family Amer- ing sure people will get their you very much for bringing this infor- icans. colonoscopies and their cancer mation to us. You know, in terms of Medicare, I screenings, and also saying to hos- Your chart is a dramatic one, when think it’s really important, histori- pitals, hey, if people show up at your you consider the period of time and the cally, to review how Medicare came emergency room 30 days after you just extraordinary reduction in the infla- into existence. treated them, we’re going to penalize tion rate in Medicare. If you had an- In 1965, when it was signed into law you. You’ve got to do a better job of other line on that showing the general by President Lyndon Johnson on the monitoring care in the community. inflation in health care for the general porch of Harry Truman’s house in Inde- And that change, by itself, is already population, it would actually be above pendence, Missouri, only half of Amer- promoting a lot more collaboration on Medicare, that entire slope all the way ica’s seniors had any insurance whatso- a much more cost-effective, better way down. ever. Because of age, because of pre- for people. b 1500 existing condition, because the insur- Who wants to be in an emergency ance company, frankly, just viewed room? You want to be home with your And it’s significantly above it. So them as too high a risk, and because of care being provided, not sitting, again, what’s happened—in part, I think, cost, only half of America’s seniors had in a hospital room waiting for life-or- you’re correct; there may be other any insurance whatsoever. Life expect- death treatment. forces involved here, but certainly you ancy in America in 1965 was 70 years So since that date, when President can see the effect of the Affordable old. Obama signed it into law, the per cap- Health Care Act. And you identified With that stroke of a pen by Lyndon ita growth rate under Medicare is now very well some of the critical cost sav- Johnson, the genius of Medicare was down to its lowest level in the history ings that are in that. And it’s well created, which created a pool for peo- of program—2 percent per capita worth repeating it, which I will do with ple above the age of 65 and people on growth. And the fact of the matter is you. And we ought to go back so the disability, a pool which could spread we can do more. We can actually build public comes to understand what was risk out and make the challenge of cov- on that success of the Affordable Care in the Affordable Health Care Act. ering people at that age much more Act. For those over 65 that are in Medi- manageable. And for the following 47, Anybody watch ‘‘60 Minutes’’ on Sun- care, those changes are critically im- 48 years, we have had a system which day? They had a story about a hospital portant. First of all, stay healthy. If now has brought life expectancy for system which basically was threat- you want to save money on hospitals Americans up to age 78. In other words, ening to fire doctors if they didn’t and doctors, stay healthy. And so you admit patients according to certain having people in a situation where they have an annual wellness visit. I think quotas because they’re, again, chasing can access needed medical care, in fact, something like 50, 60 million Ameri- that fee-for-service incentive that is in lengthened people’s lives and, in some cans have been able to take advantage old Medicare. I mean, those are the instances, actually added to the econ- of that free annual visit. You’ve got kinds of, in that case, fraud, but in omy because some people even contin- high blood pressure? Well, let’s take other instances, you know, changing ued to work, to a degree, who are on some blood pressure medicine. You’re that fee-for-service incentive can actu- Medicare. headed for diabetes? Here’s a dietary ally bring this number down even much It has really accomplished its mis- program or exercise program. We can more dramatically, and we don’t have sion which was visualized the day that deal with those. You keep people out of to touch a hair on the head of any President Johnson signed it into law. the hospitals. The hospital infection Medicare-eligible senior in America for It does face challenges. There’s no rate, the other one you talked about, decades to come if we make those question that demographics, with the very powerful. I hear from hospitals in smart changes. my district, and I’m sure my col- baby boom coming on the horizon, is So the fact of the matter is we’re see- leagues do also. They don’t want that going to increase the number of people ing great progress just, again, in the in the program, but the way you solve readmission because that comes right last 2 years, 21⁄2 years. And the fact is out of the hospital’s pocket. And also that problem is just make it smarter that there are very good ideas about there’s a penalty. and more efficient. ways of making the system much more So there are many, many issues here When President Obama signed the Af- efficient. fordable Care Act in March of 2010, last And I will tell you, and I know my that are involved in the Affordable year there were some really solid, Members that are here on the floor will Health Care Act that have caused that smart changes that were made to the agree with this. When you go and visit slope downward to continue. Enormous Medicare system to make sure that the a hospital or when you go and visit savings to Medicare. Because when you cost per patient would be moderated, medical groups, the changes in elec- look at the Medicare issue, it’s a pro- but not that it would cut benefits or tronic records, the changes in terms of jection for 10 years. And the projected kick people off the program, which is incentivizing preventive care have been rate 2 years ago was 5, 6 percent. And what the Republicans are proposing to embraced by the medical community. where are you, down in the 2 percent do, saying people who are 65 and 66 They actually understand how wasteful range now? Those are multibillion dol- would no longer be eligible under their the high volume fee-for-service system lars a year the American public will proposal. is in terms of just not only taxpayers, not have to pay in taxes and increases This chart which I brought along but also the resources that are precious in expenditures. So these things begin with me this afternoon is based on and should be really allocated to all to add up. But there are many, many Standard & Poor’s Dow Jones Index, Americans, not just those who have more savings. which tracks the Medicare program good insurance that can reimburse for I don’t want to dominate all this every single month in terms of per cap- those procedures. time. I see that other of our colleagues ita spending, and it shows, again, back So the fact of the matter is we can do have come and joined us. as recently as 2005, 2006, per capita ex- far better than kicking 65- and 66-year- PETER WELCH from Vermont. penditure for Medicare was actually olds out of the system as a way of pro- Mr. WELCH. Thank you. This is such quite high. It was over 7 percent per tecting Medicare solvency, and that an important issue about the future. patient, and that, obviously, is an should be the direction that we go with We can get a deficit deal. The Presi- unsustainable level under almost really these discussions over the financial fu- dent is committed to doing it. It’s got any circumstance, but over time it ture of the public finances of this gov- to be balanced. Balanced means there’s moderated. ernment. got to be revenues. Our taxes, espe- And then this red line shows the day Again, I want to thank Mr. cially from the high-income, are at his- that President Obama signed the Af- GARAMENDI for organizing this discus- toric lows. We have to have health care

VerDate Mar 15 2010 00:50 Dec 05, 2012 Jkt 029060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K04DE7.042 H04DEPT1 jbell on DSK7SPTVN1PROD with H6612 CONGRESSIONAL RECORD — HOUSE December 4, 2012 reform, and that can get the cost of Mr. GARAMENDI. Mr. WELCH, we took me to the county hospital. We health care down, bring that rate of will do it. were ranchers out in the boondocks of growth of spending down. MR. COURTNEY from Connecticut has California, and nobody had insurance In Vermont, that’s what we’re trying some ideas about other things that we who was in their senior years. The to do. We’re a single-payer State. We’re can do. county hospital sticks in my mind as trying to move towards a single-payer. Mr. COURTNEY. Again, I think it’s the reason for Medicare. It was beyond And the reason is that it’s the best way important—and you touched on this, horrible. There was just a row of beds, to get our arms around health care so JOHN—when the Affordable Care Act the most horrible odor in that ward— you can continue the access. And we was passed in March of 2010, the Con- people dying. It was so compelling. know that there are reforms that we gressional Budget Office was projecting And today, there are issues out there. can make in Medicare. Just for exam- out some savings because of the ACA. But we have seen the population of sen- ple, if we purchase drugs wholesale, But they were figuring about 4 percent iors healthy, living longer—20 years why do we pay retail? In the VA and in per capita growth. Again, as you point- longer than they were just 45 years Medicaid, the government is a big pur- ed out, this chart now shows we’re ago—50 years ago now. This is so im- chaser and it negotiates price dis- down to 2 percent. So they have actu- portant to seniors. And it is the Demo- counts with the pharmaceutical com- ally been revising their estimates over cratic Party that has stood for Medi- panies that are quite eager to sell their the last 2 years. And the net savings, care all of these decades. And we’re not prescription drugs to Medicare. the recalculation just in the last 2 going to let it go. We’re not going to Mr. GARAMENDI. If I might inter- years has been hundreds of billions of let Medicare go. It is a foundation of rupt you for a moment. Under the cur- dollars of lower expenditure than they our humanity and our compassion as rent law, the U.S. Government Medi- had first thought was going to be the Americans for all because all of us care program, it is prevented by law. case. want to live long enough to get into Mr. WELCH. It’s illegal to be a smart When you compare that magnitude of Medicare. shopper. That’s exactly right. You savings with, for example, raising the Reforms are possible. We’ve talked can’t make that up. It’s illegal. It eligibility age to 67, they’re dwarfed. It about several of them here today. I would be like telling you, if you went is really just a small portion of what know that our colleague from Michigan into CVS to buy some aspirin, and you efficiencies in the system are capable spoke earlier. If you’d like to come knew you were going to use them for a of producing. And the fact of the mat- back in and talk about this, we’d wel- year—you had a family, if you wanted ter is that raising the eligibility age, come you. We’ll go back here for a lit- to buy the bottle that had 100 and the there’s no free lunch. The fact is that tle longer. per unit price is one-third of what it is even though these are people that will Mr. CURSON. if you’re going to buy the bottle of 20, be challenged in the private insurance b 1510 it would be illegal for CVS to be able to market, 65 and 66 are still the health- Mr. CURSON of Michigan. Well, sell it to you at a lower price per unit. iest population within the Medicare again, as we talked earlier, it seems to That’s what we have in Medicare. pool. So the ones who remain in Medi- so many in the public that moving that Everybody understands you’ve got to care, their part B premiums are going age—particularly young Americans— pay for what you’re going to get. But to go up. And that’s not just me saying that just going from 65 to 67 doesn’t the fundamental debate here—and this it. It’s the Kaiser Family Foundation, mean a lot; but if you look at the sta- is what was reflected in the Ryan budg- which analyzed the impact of raising tistics of age in this country, that’s the et with the voucher plan—is: are we the age to 67. You’re going to raise pre- baby boomer generation. That’s the going to try to address what are obvi- miums. You’re going to, obviously, greatest population this country has ous failures in the system of the deliv- leave people in a horrible situation in ever had is right in that area. I’m part ery of health care, like not allowing for terms of trying to find any insurance. of that, I’m 64. So many of my friends prescription drug price negotiation? In the private market, which you regu- cannot wait 2 more years for health That would save $165 billion, and it lated, you know that is the roughest care. They can’t afford the out-of-pock- wouldn’t cut a single benefit. Or, are area of older working-age individuals. et. Some have preexisting conditions. we going to go allow that system that And the net effect in terms of overall Without question, if we move this, it makes no sense continue and instead health care costs in terms of the sys- will be a sentence of death for many, take $165 billion worth of benefits out tem is zero. In fact, there’s some that many Americans who won’t be able to of Medicare so that if you go to the would argue that it would actually add get the health care that they need. doctor, they may treat you for a bro- cost to the system. As I went through and campaigned— ken wrist but not a broken forearm. It Mr. GARAMENDI. I think it really I come from a district that was 60 per- doesn’t make sense. And it certainly would add cost. We discussed earlier cent Republican—it didn’t matter what doesn’t make sense to start talking that the Affordable Health Care Act forum I was in, what group I talked to. about benefit cuts before you have the has a very powerful cost-saving mecha- There was no great calling to change system reform and can get savings that nism called Staying Healthy. And that Medicare, to take benefits away, to are literally right on the table in front is the prevention programs. If you raise the age. There was a lot of calling of you. move that age from 65 to 67, you’re to take the corruption out of Medicare, So we can deal with this debt situa- going to have a significant population to take the phony doctors and the tion that we have in this country. It is of seniors who will not have access to phony bills and other systems. This is serious. Democrats understand that. that preventative medicine program. what we talked about: not having the The President understands it. It’s a se- It’s not going to be there for them. So ability to negotiate prescription drugs; rious problem. It’s a solvable problem. the potential for them to develop long- millions and millions and millions and But to solve it we have to have a sig- term, debilitating diseases increases. millions of dollars just to make that nificant contribution from revenues. And when they get to Medicare, they part of the system competitive. We The top 2 percent can afford have their will be much more expensive, to say can’t do that by law; that’s ridiculous. taxes go up to the Clinton year rates. nothing of what happens to them dur- Those are things that easily we could That’s number one. And number two, ing that 2-year period when they can’t go in, we could do, and we could make we can have reforms in health care get to Medicare. the system much better without touch- that would benefit not just Medicare You said something earlier on and ing a single benefit for any American. sustainability but health care ex- I’m going to go back to this. You Mr. COURTNEY. You’re mentioning penses, whether you get your health talked about what happened before the fact that there may be some young care at work through your employer or Medicare—the 50 percent of the popu- folks out there who might be of the be- whether you’re a private-pay person. lation of seniors without medical in- lief that this is really not a big deal to The nice part of this is that we are surance, the poverty rate. When you bump that age up 2 years. The fact of all in it together. Thank you for doing said that, my mind flashed back to the matter is that some of the folks this. We can solve this problem. And when I was a young man in the 1950s— who, again, analyze the impact of rais- let’s do it. actually, not even a teenager—my dad ing the eligibility age say that it would

VerDate Mar 15 2010 00:50 Dec 05, 2012 Jkt 029060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K04DE7.044 H04DEPT1 jbell on DSK7SPTVN1PROD with December 4, 2012 CONGRESSIONAL RECORD — HOUSE H6613 spill over to young Americans, and worker or simply somebody on the how come we didn’t get a COLA this here’s how: phone saying how are you doing; are year or how come the COLA is so There are a lot of private employers you taking your medicine; are you able small, and you explain to them how the that have health insurance plans that to get the food that you need so that formula works. Well, the fact of the when people hit retirement age, 65—or people can stay healthy. A healthy matter is that Labor Department for- their hoped-for retirement age—they population significantly reduces cost. mula that we use today uses a lot of are able to, again, move into Medicare. The use of the Affordable Care Act— goods and services that seniors don’t They come off their employment-based not just for Medicare, but for the total buy. They don’t buy flat screen TVs, plan, maybe get some supplemental cost of the system—has a very, very they don’t buy laptop computers, coverage as part of their retirement powerful cost reduction in it; and it’s where prices have come down because package. But the fact of the matter is called ‘‘insurance.’’ Forty million of competition in those areas. They that helps move people out of the Americans are going to be insured. concentrate their spending on food and workforce at an appropriate age of 65 That means that those people are less fuel and prescription drugs, which, if and opens up jobs for younger Ameri- likely, far less likely to go to the emer- you look at just that basket of goods, cans. To the extent that you now are gency room to get their care. the COLA would be higher than the ex- going to say that Medicare won’t be The Affordable Care Act also pro- isting formula, certainly not lower. there until age 67, it, frankly, is going vides for clinics. Where a private doc- So for the Republicans to come out to force a lot more people to stay in tor may not be available, a clinic with a proposal that says we should de- the workforce longer than I think real- would be available. So all of these press the COLA formula that we have ly most people believe would be the things provide more care to people and, today that, again, really doesn’t match case today. So, in fact, it would create in doing so, reduce the cost of the ex- up with the profile of what a senior that job lock that would prevent, traordinarily expensive care that goes out to the supermarket and buys again, the workforce to continue to re- comes from when people don’t get con- one week to the next, and is really fresh itself with young Americans. tinuing services of health care. going backwards in terms of really the So Medicare is a huge issue before all So the fact is that having a solid re- economic security of people over age of us. On the Democratic side, we’re tirement health insurance plan like 65. saying, yes, there are savings available Medicare helps young Americans be- I know the gentleman from Michigan in Medicare, we should take advantage cause it, again, allows the workforce to would like to share his thoughts. of those, but we’re not going to cut continue to circulate people, older Mr. CURSON of Michigan. Well, I benefits. And we’re not going to pri- Americans out and younger Americans think the great majority of our citi- vatize Medicare or end Medicare as we in. That’s why, again, the folks who zens don’t understand that Social Se- know it. There are other things that we had the genius to have the strength to curity is not funded by tax dollars. The can do, we’re willing to do it; let’s com- pass Medicare in 1965, they solved a lot confusion lies because over the years promise on those things that make of problems in the U.S. economy, in the the contributions made by workers to sense without destroying the Medicare U.S. society that really extended far program. fund Social Security created a surplus. beyond just the patients who that pro- Not on our watch are we going to see With that surplus, they loaned that gram covers. the benefit package reduced in such a surplus to other government-funded Mr. GARAMENDI. Well, there are way as to harm seniors—no way. And projects, and they’re being paid back certainly a series of things that we no way are we going to end Medicare as with government money. That govern- know we can do to reduce the cost of we know it. We’ll draw a line in the ment money every year is now playing Medicare. Some of those are already in sand; we’ll save the money; we’ll put into the repayment. That’s why people place. They’ve been brought forward by that cost curve even on a better trajec- think that you can cut Social Security the Affordable Care Act. Others are yet tory, and that is a very, very formi- to take the tax dollars out. to be done. The prescription drug issue dable and positive trajectory there. b 1520 is out there, enormous savings, $160 bil- Let’s spend just a moment of time, as Well, if that was a private insurance lion or $150 billion right there over a we come towards the end of our time, company that had a surplus and loaned 10-year period. on Social Security, which many peo- that surplus to another company, that The fraud in the system, some of that ple—well, not on the Democratic side, was dealt with with the Affordable but let’s talk about Social Security first company would expect the second Care Act, but there’s much more that and should it be on the cutting table company to pay it back. So that can- can be done. There are fraudulent bil- here, should it be part of the deficit re- not be part of this equation. Social Se- lings for durable medical equipment as duction. curity and the Federal money that well as other kinds of services that are Mr. COURTNEY. goes into Social Security cannot be provided. Those need to be addressed. Mr. COURTNEY. Well, again, what’s part of the equation in this fiscal cliff The systems that are being put in remarkable—and I know both of you debate. place, that is, moving away from fee- are well aware of this—is that Social Now, certainly with the expectancy for-service, will significantly address Security, over the last 3 or 4 years, 2 of Social Security only surviving until that. out of those last 4 years there was no 2038, before it has reduced benefits, in In the area of hospitalization, again, COLA; there was zero percent increase the very near future, this great Hall there are programs that are viable, for seniors on Social Security. Again, has to discuss how to fix that; and all that are not yet implemented, that are as we all know, that’s a formula that’s the great minds in this Hall, I’m sure, not part of the savings that have al- tied to the Labor Department basket of can. But it does not need to be a part ready been calculated, for example, goods that they spill out every year of this debate. This should not be a programs on the dual eligibles. The since the 1970s when COLA was first en- part of whatever legislation we settle dual eligibles are those people that do acted, and where the economy at that in this last lame-duck session of this not have sufficient income, but are al- point produced that result. Congress. ready quite ill that may be 20 years of Now, the last 2 years there have been Mr. GARAMENDI. Well, you are cer- age, and they’re getting Medicaid as moderate increases through the COLA tainly well stating my position and I well as Medicare. There are savings formula; but, again, Republicans want believe the position of our colleagues that can be found in the way in which to go deeper. They want to come out and I believe of the President. Social we organize that. with a new cost-of-living adjustment Security is not part of the current def- For those seniors that are on Medi- formula called the ‘‘chained CPI,’’ icit problem. It is an issue. We’ll have care, an organized health care system which would depress the existing COLA to deal with it at any time between that keeps them healthy, that is, tak- formula that already ended up with a now and the next 7, 8 years. And we ing the prevention program a step fur- zero percent 2 out of the last 4 years can. It’s been done before. ther, or two or three steps further, so and make that even lower for seniors. At least three times in my memory, that there is a continuity of care and As I think many of you know, you go Social Security has been adjusted. One there is a follow-up, maybe a social to a senior center and you talk about, was discussed earlier with the issue of

VerDate Mar 15 2010 00:50 Dec 05, 2012 Jkt 029060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K04DE7.046 H04DEPT1 jbell on DSK7SPTVN1PROD with H6614 CONGRESSIONAL RECORD — HOUSE December 4, 2012 the COLA. That’s been adjusted. There talked about this last week. I want to Medicare—for those who want to pri- are things that can be done to deal talk about this again the next time we vatize Medicare, end it as we know it with Social Security, but that is a de- come here. And that is, how do we grow with a voucher or a premium support bate separate and apart from the def- jobs? How do we put people back to program—no. No way, no how are we icit and the fiscal cliff debate. work? going to go there. The fiscal cliff debate is a tax issue, The President has proposed an addi- For those that want to work on and it’s also a spending issue. Today we tional $50 billion. He did this more changing the way in which Medicare focus largely on the issue of what are than a year ago in the American Jobs operates to get savings, such as negoti- we going to do about Medicare, a big Act, and he’s put it back on the table: ating drug prices, dealing with fraud part of the Federal expenditures. And $50 billion in infrastructure. Let’s build and abuse, the various payment sys- our argument is this: we’re here to pro- the foundation. That deserves a lot of tems that are in Medicare, all of which tect Medicare for seniors, period. We’re discussion; and, frankly, it’s something can save money and to continue the not here to cut the benefits for seniors. we ought to enact here right away and work of the Affordable Care Act, and We’re here to see to it that Medicare, put people back to work. the way it has already brought the in- which has been a program for seniors There are other savings that he’s pro- flation rate down from the 4 percent, 5 since 1964–65, is going to continue to be posed over the course of the next 2 percent range down into 2, 2.5 percent there for seniors as well as the benefits years. We don’t have time now. I notice range, this is an extraordinary savings package that’s there. There are re- my time has just about expired, if you right here. And that will be calculated forms and changes that can be made to would like to take a final shot at this, in the years ahead. And, frankly, this reduce the cost of Medicare but not to Mr. CURSON. will add up to hundreds of billions of reduce the benefits. We’ve talked about And by the way, this is the first op- dollars in the reduction and the pro- portunity I have had to spend part of many of those. jected cost of Medicare in the years my hour with you. You are a very ar- So here’s where we’re coming. Within ahead. ticulate spokesperson for the working that area, there are very, very signifi- So we’re making progress. We’ve got men and women in this Nation. You cant savings that can be made. The work to do, and we’re prepared to do it. know the issues of Medicare and Social prescription drug benefit, $150 billion The Democrats are prepared to put to- over 10 years. Other issues having to do Security so very, very well. And I gether a compromise. Let’s get to work with keeping people healthy, to extend know, coming from Michigan and De- on it. The American public expects us their health care, issues having to do troit, you know the need to build the to do that. And we can, and we will. with how much we pay for certain serv- jobs portion of our economy. So why With that, Mr. Speaker, I yield back ices, fraud and abuse. All of those don’t you close, and then I will wrap the balance of my time. things could add up to the potential this up. savings—not the potential savings—to Mr. CURSON of Michigan. Thank you f the savings that the President has for that, and I thank you for your com- IMMIGRATION ments. called for, which is somewhere in the The SPEAKER pro tempore. Under range of $300 billion over 10 years—ad- But without a doubt, we could take an hour talking about rebuilding the the Speaker’s announced policy of Jan- ditional savings over and above what uary 5, 2011, the gentleman from Cali- has already taken place in the Afford- infrastructure, the jobs it would cre- fornia (Mr. DANIEL E. LUNGREN) is rec- able Care Act. And we’ve seen in this ate, the need in America to fix our ognized for 60 minutes as the designee decline in the inflation rate in health bridges and our roads. If you are about of the majority leader. care some of the effects of the Afford- to drive over a bridge, you want it safe. Mr. DANIEL E. LUNGREN of Cali- able Care Act. So there are things that It doesn’t matter if you are a Repub- fornia. Thank you very much, Mr. can be done and will be done. lican or a Democrat, you want that Social Security is not a part of this bridge to hold you and your car up as Speaker. debate. you go over it. That needs to be done. I take to the floor at this time to But I also want to point out here in Much of our infrastructure is crum- talk about an issue that is of the ut- the last closing minutes of this a cou- bling. The power grid is crumbling. If it most importance to this country, one ple of things that I think are very, very goes out, it doesn’t matter what party that I have worked on for several dec- important. The President has put forth you are affiliated with. You want your ades, and one that has an urgency to it a very detailed program calling for $1.6 lights on; you want your refrigerator that cannot be denied, and that is the trillion in additional revenue over 10 to work; you want your house warm. issue of immigration. years; and that is money that is to So all of those things that could be It is a multifaceted issue, one that come from the expiration of the George done and would put America back to has a number of subtexts to it but, W. Bush tax cuts for the top 2 percent. work and create revenue from people nonetheless, is one that will not be Now I want to make this clear. I said working, when they get that paycheck, confronted. The challenges will not be this earlier—yes, it’s worth repeating then they would have money to send met unless or until we recognize the because it’s not said very often—every their kid to a dance class or to go get problem or the challenges as they truly American taxpayer gets a tax reduc- a haircut. All the small businesses in exist. tion. The superwealthy to the very the area spawn off of that money from And what I mean by that is this: im- minimum taxpayer in this Nation gets creating jobs, rebuilding our infra- migration, in all its aspects, is a part a reduction in what the President is structure. That should be on the fore- of the heritage of this country. Immi- proposing. And that is to continue at front of our agenda, and I certainly gration is one of the cornerstones of the current tax rate for those with hope we have a chance to talk about this Nation. It has been said—and I under $250,000 adjusted gross income. that. think it is true—that this is a Nation For those who have income over and Mr. GARAMENDI. How about next of immigrants. And what that means is above that, they get that tax reduc- week? We’ll come back to the floor that most of us, with the exception of tion. And above that, they’re going to next week, and we’ll pick up the issues those who are Native Americans, trace pay an additional amount up to 3.9 per- of infrastructure, of jobs and the like. our ancestry to some foreign country, cent in two different tranches. So ev- This week we need to focus on what some foreign shore. has been put on the table by the Re- eryone gets a tax break. b 1530 But those superwealthy, the 2 per- publicans and the Democrats on how to cent, they’re going to pay more, and deal with the fiscal cliff, dealing with The rate of immigration has gone up that will amount to a substantial the issue of Social Security and Medi- and down over the two-plus centuries amount of money over 10 years. And, care. Social Security—no, not part of of the existence of this country. It has frankly, they’ve had 12 years of really this problem. It is something we’ll deal varied in terms of where the greatest low, low taxes—the lowest taxes, real- with perhaps in the next Congress or numbers come from over the centuries. ly, ever since the 1930s. even in the one beyond that because we It has resulted from and has been al- The President has also proposed do have time to deal with Social Secu- tered by decisions made by previous something that’s very important. We rity. Congresses and Presidents in terms of

VerDate Mar 15 2010 00:50 Dec 05, 2012 Jkt 029060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K04DE7.048 H04DEPT1 jbell on DSK7SPTVN1PROD with December 4, 2012 CONGRESSIONAL RECORD — HOUSE H6615 the laws that prevail with respect to Mexico that ranges from the Gulf of tempting to work out a conference re- immigration. But the fact of the mat- Mexico to the Pacific coast and is ap- port. We were unsuccessful. ter is that we now are facing a question proximately 1,960 miles long. If you We came back in 1985 in the new Con- of immigration policy that has not, in have visited it, if you have traveled gress and began working both in the fact, worked for some period of time to along its entire length as I did back in Senate and the House. At that time, the extent that is necessary. the early 1980s as a member of the Im- the common name of the bill changed There are several aspects of it, as I migration Subcommittee, you will find from Simpson-Rodino to Simpson-Maz- mentioned before. One is the area of the topography such that it is difficult zoli, recognizing the tremendous effort legal immigration. This country has a at times to actually have a border that made by the chairman of the sub- glorious history in terms of inviting is marked and a border that is con- committee, Ron Mazzoli. And I recall and accepting and embracing peoples trolled. Nonetheless, that does not ex- being at this position on the floor of from all over the world. I think I can cuse us for not exercising the control the House, when this was the minority say without contradiction that this that we should have. leadership table, being the Republican country has had the most open policy Because of the fact that we had this floor manager of the Simpson-Mazzoli with respect to immigration over the dilemma of a large number of people bill. years of any country in the world. We who had come to this country illegally We spent well over a week on the had restrictions at times, some that, as and at the same time we’re attempting floor debating. As I recall, we had well we look back now, appear to have been to enforce the law such that a world- over 200 amendments that were in at least misguided. We have had some wide quota system would still, in fact, order, most of which actually got de- discriminatory practices in the past be worked, in the 1980s there was an ef- bate on the floor of the House. And with respect to people from certain fort to try and reform our immigration there was consideration of some issues parts of the world, certain parts of Asia laws. I was a part of that as a member within the overall issue of immigration at times. There was, in fact, a bias, if of the Immigration Subcommittee. We reform that I think went from liberal you will, towards Europe, and particu- were, as Republicans, the minority at to conservative, from issues of legal larly Western Europe, over a number of the time. So as the top Republican on immigration to illegal immigration, years. the subcommittee, I was not the chair- agricultural work, seasonal workers. But in the 1960s, there was a decision man. I was, in fact, the ranking mem- Just about everything was considered made in this country by way of our ber. on this floor in almost totally open de- laws that moved us towards a world- I am pleased to say that at that time bate. wide quota system, meaning that the I had a great working relationship with I was proud to be a part of that de- chances for peoples around the world the then-chairman of the sub- bate. I was proud to have garnered the were to be in some ways viewed as committee, Ron Mazzoli, a Democrat sufficient number of votes on the Re- equal, meaning that we did not have a from Louisville, Kentucky. Perhaps the publican side to join with those on the bias towards Europe, we did not have a fact that we both were graduates from Democratic side so that we passed that bias towards some other part of the the University of Notre Dame and bill. world. The idea was that we would try shared an affinity for our alma mater b 1540 and make our immigration policy work assisted us in working closely together. such that someone who wished to come And also, consequently, there had been We went to conference. We completed to the United States from a country in a bipartisan commission established in action on that. We sent the bill to the Africa or a country in Asia would have the first instance by President Carter President. I can recall driving back to a similar chance as existed for someone and continued on by President Ronald the residence I had here in this area on in Europe. So that was a major change Reagan. It was cochaired by Father an afternoon when I was listening to in our overall policy. Theodore Hesburgh, the former Presi- the radio and hearing the report that When I came to Congress in 1979, that dent of the University of Notre Dame, the White House had announced that was essentially where we were, but we a person much admired and someone President Reagan was going to sign the also realized that there had been a lack that I had known for most of my life bill. I almost drove off the road at that of enforcement of the laws with respect and Ron Mazzoli had known, as well. In time. I recall that I had worked with to legal immigration such that we had a very interesting way, we worked to- the administration but that it was not a significant number of people who had gether acknowledging the proper roles a perfect bill—I’ve never found a per- come to the United States without the of the commission and the Congress fect bill here—and there were many benefit of papers, or to say it another and shared information, and I think we naysayers. So you were never sure way, who had come into this country shared the same hope that we could until the President made the decision illegally or had overstayed their legal come up with legislation that would re- that he would sign it, and I was pleased status in this country and were now form our laws. to be at the White House when the here illegally. In 1984, we passed an immigration re- President signed that bill. It was a true One of the consequences of a lack of form law here in the House of Rep- compromise. proper enforcement, one of the con- resentatives, and there was a similar It did result in the largest legaliza- sequences of having large-scale immi- law passed in the United States Senate. tion that we’d ever had in the United gration is that it overrides, in a signifi- There was a call for a conference. And States. I don’t believe it was total am- cant way, the law that would look out in a practice that is somewhat dif- nesty—I would reject that notion—but and say no matter where you are from ferent from what you observe today in it was, in fact, a legalization. The ge- in the world, you would have approxi- the Congress, at least for the last sev- nius of that compromise was that there mately an equal chance of coming to eral Congresses, at that time you actu- would be legalization on the one hand the United States. And if you had ille- ally had a physical conference where and that there would be enhanced en- gal immigration from particular areas you had Members from the Senate and forcement going forward on the other. of the country, that would, in a sense, the House representing those two sides If one would look at the reports of ille- create a bias under the practice, if not of the Capitol meeting in public session gal immigration that followed the the actual law, for that part of the attempting to try and work out a con- signing of that bill into law by Presi- world. ference report. dent Ronald Reagan, one would see an We found, interestingly enough, that I recall meeting in a large room interesting thing: the numbers coming the largest number of people who had where the table, as it was set up in a across our southern border dramati- come to this country or were in this rectangular fashion, was very large to cally dropped immediately after that country without proper documentation accommodate all of the Members of the law was passed. In large measure, it came from Central and South America, House and all the Members of the Sen- was because of the widely held belief the largest number of them from a sin- ate who were there attempting to try that, in fact, we would enforce the law, gle country, that is Mexico, which is and deal with the issue, and our staffs that there was enhanced enforcement, not altogether surprising when you re- assisting us. We spent, I think, actu- and that we were going to be serious alize we have a common border with ally an entire month in conference at- about it.

VerDate Mar 15 2010 00:50 Dec 05, 2012 Jkt 029060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K04DE7.050 H04DEPT1 jbell on DSK7SPTVN1PROD with H6616 CONGRESSIONAL RECORD — HOUSE December 4, 2012 I haven’t looked at those numbers in guest worker program under the Labor matching up with those people who a long time, but it seems to me, as I re- Department, the H–2A program. It, have particular skills and wish to stay call, that for a period of, maybe, 12 to frankly, doesn’t work. It works for in this country after they’ve been 18 months we saw a significant drop in about 4 percent of the agricultural in- trained in this country: their skills and illegal migration into this country. dustry in the United States. I say that our needs. Now, we did vote on the Then it became evident that enforce- as someone who helped draft the legis- STEM Act here this past week, which ment was going to be slow, if at all. lation as a part of Simpson-Mazzoli, was one attempt at dealing with that The fact of the matter is that there not because that’s what I thought was question, but it was only one attempt was not enforcement. There was not the best we could do, but that it was at dealing with that question. enhanced enforcement as there wasn’t the best that was able to be accom- In some ways, in my judgment, the enforcement. There wasn’t a serious ef- plished in any legislation that was changes we need to make in legal im- fort. That was a combined result of a going forward. So we now are con- migration have been—I don’t know if failure to follow through on the part of fronted with a situation in which we I’d use the term ‘‘held hostage,’’ but the Congresses and the administra- have had large-scale illegal immigra- they certainly have been put on the tions. As a result, after a significant tion into this country after the passage back burner because of the desire for us drop for a short period of time fol- of Simpson-Mazzoli and the failure to to deal with a true problem that is lowing the passage of and the signing implement the enforcement side of more prominent, and that is illegal im- into law of Simpson-Mazzoli, we saw a that. migration. So why am I talking about ratcheting up of illegal immigration We also are confronted with the ques- this? Well, I’m not going to have the into this country. That was in 1986. tion of legal immigration and the fact chance to work on this after January 2. Fast-forward to the present time. We that, right now, I believe, we set aside While I devoutly desired the oppor- have had the result of that ratcheting too many visas for those folks who tunity to do that, there has been a de- up of illegal immigration into this have particular skills that we believe cision made otherwise. I still have the country. We have had a situation in might help this country at the present passion for dealing with this issue, be- which, since people saw that we time. I’m not in any way denigrating cause I think it’s so important to this weren’t going to enforce the law, there unskilled workers, and I’m not in any Nation. I think it goes to the identity was an encouragement, in essence, to way denigrating those people who come of this country, and I think it goes to come to this country in any way one to this country without skills and then the future of this country. I reject the could. There was, as the sociologists develop them once they’re here. Our notion that we either have to be a Na- called it, the magnet that caused peo- history is replete with those who have tion of immigrants or a Nation of laws. ple to come to this country or invited accomplished great things in having b 1550 people to come to this country or at- come to this country with nothing I think we can be both a Nation that tracted people to come to this country; more than a desire to do well, a com- and that magnet, otherwise known by welcomes immigrants and a Nation of mitment to hard work, and using the sociologists as the ‘‘pull factor,’’ was laws. I think we have to understand intelligence and the other skill capac- called the prospect of jobs. that there is nothing wrong with this I had argued on the floor of this ities given them by God. country as a sovereign Nation making I do say it makes no sense when we House back in the 1980s that, in fact, decisions with respect to immigration have a situation in which we take peo- we had to recognize the reality of the law that are in the best interest of ples from around the world who come reliance of American agriculture on America. Sometimes I think when to this country because we have the foreign workers to a significant degree. we’re talking about international law, greatest colleges in the world and who Now, I’d come from the Southwest. I’d we’re talking about international rela- develop expertise in science, tech- come from southern California. I had tions, and we’re talking about the nology, engineering, mathematics—and seen that close up. I had gone to the work of the United Nations, and we’re fields. I had seen the conditions in in areas that might have an immediate talking about working with other peo- which people would live just for the impact on some of the most important ple in the world; and we lose sight of possibility of coming to the United growth industries as we look to the fu- the fact that the first obligation of the States for a job. Since we—the people ture—and we say to them, if you get Federal Government is to have the in- through our government—didn’t con- your degree here, you’ve got to go to terest of the people of this country at trol it in a fashion in which the govern- your home country for several years heart, that the obligation of the State ment actually determined the number and then apply to come back to this Department, for instance, is to rep- of jobs that would be available, deter- country in order to work here but that resent the national interest of the mined who would come in, how long Canada will allow you in right away or United States. they would stay, under what cir- that many other countries will allow And so I make no apologies for the cumstances they would work, and in you in right away; or go back to your United States asserting that it has a what areas of the country they would home country and, thereby, compete right to make decisions in the area of work, it happened anyway, without any with the United States’ economy immigration that are in the best inter- controls whatsoever, and the problem amidst emerging economic growth in est of the United States. I guess the was exacerbated. your home country. tough question is what is in the best One of the fundamental changes I’ve I saw this very, very closely at hand interest of the United States. Again, I seen or differences that I’ve observed in when I saw one of our major tech- would say it is to show that we can be being in the Congress these last 8 nology companies actually build a both a Nation of immigrants and a Na- years, as opposed to the 10 years I was plant just over the border in Canada, tion of laws. from ’79 to ’89, is that the problem, as utilizing a core of those people who had So I refrain from using the phrase I saw it in the Southwest, is not nearly graduated from American colleges, who ‘‘comprehensive immigration reform’’ confined to the Southwest now; it is, in had come from foreign countries, and because that has become a watchword fact, a national problem. You will find who were immediately accepted into or a watch-phrase for amnesty, and I the presence of those who are here ille- Canada. Then Canada was able to build understand that. I avoid using the term gally who are working in agriculture a workforce of about 1,000 people ‘‘pathway to citizenship’’ for those who all over this country. You’ll see the in- around a core of probably no more than have been here illegally because that, crease in seasonal work because you’ll 100 people who would have been re- in fact, is defined as amnesty—and for see the increase in the demand for quired to go back to their home coun- good reason, in many circumstances. ‘‘local produce,’’ for locally grown tries from the United States. They ba- But I do think we have to apply a crops. As you see that, you see the de- sically said, Hey, you don’t have to go multifaceted response to a multi- mand for seasonal agricultural workers there. You can come to Canada—and faceted challenge or problem. So, first, expanding to other parts of the coun- we lost the potential for 1,000 jobs in order to gain the confidence of the try, and we don’t control it. going right across the border because American people, we have to admit We don’t have a workable system. of a policy which doesn’t fully under- that when we did the last major immi- Some people say, well, we have the stand the appropriateness of our gration reform, and we’ve had some

VerDate Mar 15 2010 00:50 Dec 05, 2012 Jkt 029060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K04DE7.051 H04DEPT1 jbell on DSK7SPTVN1PROD with December 4, 2012 CONGRESSIONAL RECORD — HOUSE H6617 bills since then, but I’m talking about So I think you have to devise a pro- can Americans in this country and the major immigration reform Simp- gram that would determine the number among Hispanics who are here legally son-Mazzoli, we did fail to implement of people that come here, determine in this country when the construction the enforcement side of things. The under what circumstances they come trade is a great trade to learn, is a American people understand that. here, determine in what areas of the wonderful way to be able to earn one’s They think they were shortchanged; I country they can be here, but in a living, and has an opportunity for peo- think they were shortchanged. We have sense allow them to be free players in ple to move from just someone working to admit that readily. That is part of a free market that is defined by the at the job site up to learning their the context in which we have to deal job, that is, agriculture. And particu- trade and becoming a contractor or with the issue; and I think we have to, larly because of the seasonal-worker subcontractor in some ways. therefore, accept it, acknowledge it, nature of much of agriculture that b 1600 and learn from those mistakes. they engage in, allow them to go from So we need to have a commitment to- employer to employer. So I would not suggest that we ex- wards enforcement. We need to have There are enforcement mechanisms pand the Guest Worker Program that borders that are controlled, not just that can be put in place to ensure that I’m suggesting beyond agriculture, but because of the issue of immigration or they stay in agriculture, and there are I do believe it is appropriate in the illegal immigration, but because of the significant penalties that you can area of agriculture. threat in a period of asymmetric war- apply if they fail to get a job or get a Probably the most difficult thing to fare or an asymmetric threat where job in agriculture. deal with in this entire arena is the those who are committed to do us One of the things that I’ve had as question of those who have been here harm are not just nation states but part of any proposal that I’ve presented for a substantial period of time in ille- maybe transnational terrorist organi- is that you take the amount of money gal status, illegal immigrants who zations or maybe those that have been that would go into Social Security, the have been here for a long period of known as lone wolves who are incited employer and the employee contribu- time, those that have put down roots in by, inspired by, and committed to the tion, and that goes into a fund that the community. values that have been expressed by first is responsible for paying for the There are those that say, look, the those terrorist organizations who administration of the program so best way to do this is just take care of spread their venom around the world there’s no burden to the taxpayer. Sec- the problem by putting them on the seeing who might be attracted to it. ondly, that money would go into a fund road to citizenship. And there are those And if, in fact, you have a situation that would pay for any cost incurred by who have suggested things such as vol- like that, you ought to be even more local jurisdictions for emergency med- untary departure or enforcement of cautious than before about those enter- ical care that was rendered to those in- some other mechanism. And while I ap- ing into this country with terrorist dividuals. And, third, that which would preciate the sincerity and the thinking thoughts and terrorist desires against be remaining would go into a fund that that goes into both those positions, my this country. belief, after being involved in this for So for any number of reasons, we would—that is for the contribution by over 30 years, is that neither one of need to have a commitment to control- the employer and the employee for those positions is going to ultimately ling our borders, number one; and, that particular individual—be dedi- succeed. number two, we have to acknowledge cated to that individual but would be So what do we do? that one of the magnets, or one of the redeemable only if they returned to In baseball we have something, when pull factors, causing people to come to their home country and were phys- a ball is pitched to the batter the bat- the United States or inviting people to ically present there. If they weren’t ter wants to get the wood on the ball. come to the United States is the pros- during the period of time they were He wants to hit it in the sweet spot, pect of employment that does not con- supposed to be home, they would not right? sider the legal status of those who seek have that fund. That money would be He wants to be able to maximize the that employment. And so that’s why I forfeited. If they did, they would be energy that is generated by his swing think an E-verify system or something able to redeem that money back in against the ball. And one of the best very much like that has to be a part of their home country. ways to do that is to hit that sweet what we do. My idea would be that they would be Third, we have to acknowledge that able to work in this country for 10 spot in the bat. So I’ve been looking for in the area of agriculture, there is a months out of any calendar year, and the sweet spot on this issue. Some peo- proven need for foreign workers. People they’d be able to go back and forth dur- ple call it the midway; some people call can argue about it, but I would just say ing that period of time. One of the it the compromise. I call it the sweet look at the example of the State of things that we have discovered is that spot. California, my home State. We’ve seen as we’ve increased our ability to en- It seems to me that we could do this. that for well over 100 years we’ve relied force our control of the border, if some- And I’ve proposed this in legislation, greatly on foreign workers for agri- one successfully gets across the border and I would hope that at least it would culture. They’ve been legal or illegal to work in the United States, they now be considered in the next Congress by depending on whether or not we’ve had have a great incentive not to return those who will remain. And the idea is a program. home for fear they won’t be able to that you would identify those individ- I have for many years looked back at make it back. uals who’ve been here for a significant the bracero program to see both its So in a very perverse way, the very amount of time. And of course that’s positives and its negatives. Its success of our increased enforcement up to a decision by the future Con- positives were basically categorized as has made it more likely that they will gresses as to what that time is. Is it 5 a government-sponsored, regulated pro- stay here permanently rather than re- years? Is it 10 years? I mean, what is gram that allowed people to come into turn home. So we need to develop a it? this country to seek work in the area program that is based on the facts as But I think you’d have to establish of agriculture and give them legal sta- they exist. And participation in the what characteristics of roots in the tus while they did. That’s the positive. program doesn’t put them on the road community would identify these indi- The negatives are that in many ways to citizenship. It doesn’t grant them viduals. Certainly you wouldn’t grant there weren’t protections for the work- any rights with respect to citizenship this to someone who just got into the ers and because one who came under or permanent resident status. It is a country yesterday or last week, I don’t the bracero program was tied to a spe- temporary worker program. think, because I think that would then cific employer, if he or she had a com- I do not think that other industries encourage further illegal immigration plaint about that particular employer, have proven the case that they need in the future. People say, hey, look, they often found themselves back in those kinds of foreign workers. I really they make it fairly easy, they’re going their home country before they ever don’t. In terms of construction, for to do it down the line. had any adjudication of that com- goodness sake, why do we have the So you have to understand about the plaint. high unemployment rate among Afri- consequences of the impact on those

VerDate Mar 15 2010 00:50 Dec 05, 2012 Jkt 029060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K04DE7.053 H04DEPT1 jbell on DSK7SPTVN1PROD with H6618 CONGRESSIONAL RECORD — HOUSE December 4, 2012 who are looking at it from afar, as well ber would be, but I understand that to to confront this issue in a reasonable as those who are immediately im- be appropriate. fashion, in an intelligent fashion, and pacted. So you first determine what Now, under those circumstances, in a fashion that improves the state of the period of time would be that would what would I say they have? this country. establish them as people who have Would they go to permanent resident So I know there are men and women roots in the community. status? of goodwill in this House and in the Secondly, I think you have to make No. I would create a new category of Senate who will and can work to- sure that they haven’t committed legal status in this country called a gether. I would make a humble request crimes of another nature, the crime of blue card or red card, whatever you of the President of the United States, coming into this country, remaining in want to call it, in which they would, that he toss aside partisanship, and this country illegally, but not any for a period of time, maybe 3 years, that he join those Members in the Con- other crimes. And people say, well, gee, maybe 5 years, but they could repeat gress and those of us who will be in the it might be this crime or that crime. it, they could re-up this. During that public, out in the public, in an effort to Well, you know, that’s a consequence period of time they would have legal try and deal with this issue. of your action. I think this would be status in the United States. They could With all due respect, when the Presi- for those people who have not com- work in the United States, live in the dent of the United States went down— mitted other crimes in this country. United States, go to school in the I think it was to El Paso—a couple of It seems to me there ought to be a re- United States, but they would not be years ago and said Republicans want to quirement that they know English or on the road to citizenship. In order to build a fence, and then they want to are engaged in the study of English. do that, they would have to have a build a moat, and they want to put al- Why do I say that? touch-back in their home country, and ligators in it, that is hardly an invita- I’m not opposed to foreign languages. they would get in line behind every- tion to cooperate. I wish I knew some foreign languages. body else. That image, in and of itself, when I have enough trouble with English. Now, why do I think that’s impor- you realize the history of the Rio But if we are a country of immigrants, tant? Grande, and when you realize the his- as we profess to be, and as we are, I be- I think at the base of the objection to tory of people coming across the Rio lieve, you have to have some unifying, amnesty, as I understand it, is this Grande to this country, that image is identifying characteristics that bring idea that it is unfair to cut in line. If devastating. It does not open people’s you together. One is the sense of the you’re a kid and you’re at school and hearts to the possibility of reaching a understanding of the civil institutions you’re waiting in line to get a drink of compromise. It drives people away. we have. But certainly, one is the man- water, you’re waiting in line to go to And so my hope would be that the ner in which we express ourselves. the bathroom, you’re waiting in line to So a common language, I think, is President would, as Ronald Reagan did get your lunch, and you see somebody particularly important to a country of in the 1980s, work with those who are cut in line, you immediately know immigrants. It brings us together. It in the House and the Senate to try and that’s not fair. We all know that’s not allows communication. It allows us to come up with a compromise that deals fair to cut in line. come together as a community, with- with the issues of this day under the So why should someone who didn’t out giving up or in any way dispar- grand rubric of immigration, and that, follow the law cut in line in front of aging our heritage. So I would have putting aside partisanship and political those who have waited in their own that as the second requirement. advantage, work in good faith with Third, it seems to me, there ought to country for their opportunity to come Members of the House and Senate to be a requirement for a study of some of to the United States? accomplish this task. So my sweet spot in this particular those civil institutions of our society. b 1610 There should be an understanding of argument would be that, while you And I would ask this: that those in what the essence of the democratic in- have an ability to remain in the United this House and those in the Senate and stitutions are because people coming States, in order to get on the path to those in the administration under the from other countries have other tradi- citizenship, and not give you an advan- direction of the President begin work- tions, other systems. tage over somebody else from your I’m reminded of this, when we had home country, you must touch back in ing on this early, not late. If the work large-scale refugee numbers coming your home country and you must get is done early, as we did in 1985, the into this country. I was a young attor- in line behind everybody else who fol- chances of being able to actually ac- ney in southern California. I remember lowed the law. complish a completed legislative vehi- going down to Camp Pendleton with I think that is an approach that at cle and have it on the President’s desk other attorneys and volunteering our least ought to be considered. I’d hoped for signature are greatly enhanced. time to teach those in the refugee com- to be here in the next Congress to be Don’t wait until it’s campaign year munity, and that was one of the places able to raise that and to fight for it politics and certainly don’t wait until that they first came in California, to and to see how others would view it, it’s the next Presidential election year Camp Pendleton, before they then but I won’t have that opportunity. I for politics. Try and work on it now. found sponsors and came to other parts hope to be on the outside, and what- This country is lesser for the fact of our country and the state. ever I do, to have a chance to continue that we haven’t dealt with an issue of Giving them simple instructions in to influence the debate, following this importance. This country is lesser the law, and the way the courts whatever the lobbying rules are. I for the fact that we have all the ten- worked, and what your rights were. know I can’t directly lobby, but hope- sions that exist as a result of a failure Fairly elementary, but nonetheless, fully, as an American citizen I can talk of the law to respond to the realities of necessary. And it was indelibly im- about those issues in that first year, the time. And we put ourselves in a co- pressed on me that some of the things and I can talk about why it’s impor- nundrum where, in just one instance, I we do in our system are not imme- tant for us as a country. would cite men and women in the farm diately apparent, and people from dif- And yes, I’ve said in our own con- community in my home State of Cali- ferent backgrounds, different cultures, ference, it’s important for us as a fornia who have farmed for generations different countries may not appreciate party, my party, the Republican Party. and have seen the reality of the labor it. We have to understand the dynamics market for agriculture—our men and If they are coming here, one of the that are involved there. I’ve seen it women who are patriotic and love this great things about this country is as- happen in my home State. I’ve seen country and want to follow the law, similation. And so that’s why I would what the political implications are, who in fact would support an E-Verify require a study of civil institutions, and I think we ought to pay attention system which would allow them the and our governmental structure among to them. certainty of having legal workers but them, for those individuals. But, beyond that, far more important who on the other hand recognize the Next, people talk about a particular than that, far more fundamental than need for foreign workers—these people fine, and I don’t know what that num- that is the fact that this country has would be put into a no-win situation, a

VerDate Mar 15 2010 00:50 Dec 05, 2012 Jkt 029060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K04DE7.055 H04DEPT1 jbell on DSK7SPTVN1PROD with December 4, 2012 CONGRESSIONAL RECORD — HOUSE H6619 catch-22, where on the one hand they about America, coming back as one ered the fact that somebody had been would be forced to follow the letter of America. Not a red America or a blue unemployed, how long they had been the law, knowing that they would not America, but America. Just one coun- unemployed, then you would be sued have the workers that would allow try. And it was one of the things that under the President’s proposed bill. them to continue in the generation’s I drew great hope from on 9/12/2001 as So it was going to be a great boon to old farming business that they have or, people around the country gathered trial lawyers, to plaintiffs’ lawyers be- on the other hand, as patriotic Ameri- around, as we did in our local east cause they would be suing on behalf of cans in their own way, nonetheless be Texas town, and people of all races and every unemployed worker who went forced to break the law in order to re- ages and gender, and we all held hands and looked for a job for the first time tain their livelihood. That’s unaccept- and we sang hymns and patriotic songs. in a couple of years. I mean, you could able. That is shortsighted. That is self- And I looked around the circle and was have that kind of scenario, not look for defeating. And it is something that we deeply moved because I knew that day a job for a year or two, go look for a should not allow. there were no hyphenated Americans, job, and then turn your case over to a Now it’s easy to get up here and do a there were just Americans. And we lawyer to sue anybody that didn’t hire Special Order and talk about how I were together. And everybody standing you because you didn’t show any par- would solve the problem. It’s much there in that square holding hands, we ticular motivation, and most employ- more difficult to have a completed so- shared the love for our country. We ers want motivated employees. lution to a problem. And I understand wanted to see it strong. We wanted to So we know that the President has that. I in no way suggest that this is see it recover from that devastating made this proposal; he wants to extend easy or it will come quickly. But I do blow from people intent on evil, based unemployment for another year. Just believe we have men and women of on hatred. to show what a worthless organiza- goodwill, of patriotic hearts, who can That senator that wanted one Amer- tion—they’re smart people; they’re and are prepared to work on this issue. ica has presided in such a way that we very good people; they’re a good orga- And I would hope that the President of seem more divided than ever—more nization, but their rules are so pitiful, the United States, now almost in his people on food stamps, more people so unrealistic, so unmoored to the second term, would understand the se- below the poverty level, more people foundation of good economic projec- riousness of the issue, the immenseness struggling than ever before. We were tions—we have the Congressional of the challenge facing us, and would told if the $900 billion giveaway stim- Budget Office, CBO. They come in, and understand that in the best interest of ulus proposal—porkulus some called apparently—I was reading an AP story. the United States it would behoove us it—if that was passed, we would be re- I didn’t see the CBO numbers them- to work together to solve the problem. covering very quickly. And if we did selves, but the story said that, accord- I’m not sure what I’m going to do be not pass that stimulus, porkulus, what- ing to CBO projections, extending un- doing in the next year, but I do know ever you want to call it, if we didn’t employment for another year for those that I want to be involved in the de- pass that bill in early 2009, the country that have been unemployed for a year bate, and hopefully I can applaud my might well reach unemployment rates now would cost $30 billion. But the colleagues that remain here as they as high as 8, 8.5 percent, as I recall. great thing is that $30 billion of paying succeed in dealing with this very dif- Well, guess what? We passed it and people to remain unemployed would ficult problem. things got worse. It was a terrible bill. create 300,000 jobs. So what a great So, Mr. Speaker, I thank my col- It was not the way you fix an economy thing for America, for our economy if leagues for listening to me and I en- in danger, suffering. you spend $30 billion and create 300,000 jobs. Until you start looking at the courage my colleagues to deal with b 1620 this issue in the spirit of goodwill that numbers and you go, Wait a minute. I know they have. What’s so tragic right now, Mr. Wait a minute. We’re spending $30 bil- I yield back the balance of my time. Speaker, is how many people across lion. We’re told if we do that it will America are struggling, out of work. f create 300,000 jobs? Well, that’s not I’m not just talking manual laborers or very smart. That’s $100,000 that we RIGHTING THE WRONGS IN older workers, I mean all ages, well- would be spending for every job we cre- AMERICA educated, poorly educated. We’ve got ate. The SPEAKER pro tempore (Mr. people out of work around this country What kind of math is being utilized BARLETTA). Under the Speaker’s an- that are really in desperate straits. by the White House and by CBO? I nounced policy of January 5, 2011, the Some take different approaches. I was mean, how stupid are Americans? Oh, Chair recognizes the gentleman from shown numbers that indicated at one yeah, great idea. Let’s let the govern- Texas (Mr. GOHMERT) for 30 minutes. point that when people are unem- ment spend another $100,000 to create Mr. GOHMERT. It’s uplifting to hear ployed, many of them will look full one job that may not be but a part- my friend, DAN LUNGREN from Cali- time for employment, for substitute time job, pay $20,000 or so. Well, I’ll bet fornia. What an amazing public servant employment, but on average may have if we offered people across America, he has been. I fought battles with the 30 minutes a week—for an average— made an offer, we want to create 300,000 man. I know his heart. And he’s going until the last 2 weeks of the unemploy- jobs this month and so we’re looking to be sorely missed. He cares so deeply ment benefits, and at that time it may for bids. Who will come to work for less about this country. go as high as an average of 10 hours or than $100,000? I’ll bet you would get Such is the lot of people whose coun- so of the last 2 weeks looking for em- 300,000 people working very quickly for try has leadership decided by elections. ployment. a whole lot less than $100,000 a job. Sometimes good things happen, some- This President is demanding that we So that kind of math is what has got- times they don’t. But democracy en- extend unemployment benefits for an- ten us in trouble. It’s why we need an sures that a people are governed no other year for those who have been un- alternative to CBO scoring that deals better than they deserve. So whether employed for a year. We also know that realistically with what we’re engaged someone liked President Reagan or in his JOBS Act—it was really a JOBS in, because it’s only when we have a President George H.W. Bush or Presi- Act for lawyers because they created a scoring system for bills that is wedded dent Bill Clinton or President George new protected class called the unem- to legitimacy and historical reality W. Bush or President Barack Obama, ployed; so that if you had been unem- that we will begin to have better legis- the truth is that at the time they were ployed for 2 years and you go apply for lation. Because when you have a group elected President, we as a Nation over- a job and the employer looking for a that has such ridiculous rules to score all got the President we deserved at worker considers the fact that you bills that it will come in and say that time. didn’t look for a job for 2 years and in- ObamaCare, yes, it will cost $1.1 tril- One of the most impressive speeches stead hired somebody that had been lion, and then they have their Director I’ve ever heard was given by Senator out of work for a month and was des- called to the Oval Office and reminded, Barack Obama at the Democratic Con- perately spending all his or her time apparently, that the President prom- vention. And I love the way he talked looking for employment, if you consid- ised it would cost less than $1 trillion

VerDate Mar 15 2010 00:50 Dec 05, 2012 Jkt 029060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K04DE7.057 H04DEPT1 jbell on DSK7SPTVN1PROD with H6620 CONGRESSIONAL RECORD — HOUSE December 4, 2012 and they rescore it and come back with cial cliff. It was financial Armageddon. happening is hurting the economy. It’s $800 billion—with a wink and a nod, ap- Everything would melt down. It was all making America weaker. And for all of parently—and then after it passes, they going to be just this horrible financial the talk this fall about, gee, we may come back and say, Oh, you know melee. It was a disaster. We could not have turned the corner economically if what, it was actually more than a tril- allow ourselves to get to August 2 it weren’t for our czar, the Federal Re- lion. Now we’re told maybe $1.6 tril- without having a debt ceiling increase. serve czar, Bernanke, creating money lion—who knows, 1.8, maybe 2.0. Who Some of us made proposals, and we out of thin air, then the economy knows. But any entity whose margin of took a look at what was being pro- would be even worse than it is today. error for scoring bills in Congress is posed. And we said, Are you kidding, a But I think the President owes Mr. plus or minus 100 percent margin of supercommittee? That’s not going to Bernanke a great thank you for help- error does not need to be allowed to do do any good. They will never be al- ing him win reelection by creating so any more scoring. We need to do a com- lowed to reach an agreement. Some of much money out of nothing. petition of it. It’s what Americans do us were told, Well, of course they’ll But the trouble with that is next well. When we compete as a nation, reach an agreement because if they year Americans will pay a very severe when we have people in America com- don’t, there will be these massive price, as we see inflation start to take peting, we do better. So let’s have com- amounts of devastating cuts to our de- hold. But the President, Mr. Bernanke, petition for scoring bills. fense and devastating cuts to Medicare. they knew that that inflation wouldn’t I was having a wonderful discussion They’d never allow $300 billion or so to really kick in now before the election. with one of the best economic minds in be cut from Medicare on the other side So it helped him win reelection. And the country, Arthur Laffer, and I said I of the Capitol here. And I reminded my then we would get into next year, and was hoping that maybe we could get friends they just cut $700 billion from then the inflation would start kicking someone else to score bills—Moody’s, Medicare for ObamaCare. in. And then with a poor economy and S&P, others. My office had checked This President and the Senate were inflation, we’re back to the end of the with Moody’s. They said they don’t pitting our seniors against younger Carter years. score bills. He said, They will if you workers in America. They’re pitting And with the President having cut pay them, and I bet you you could get our seniors on Social Security and the permits down in half for drilling on it done for a whole lot less than what Medicare against younger workers. Federal land from what they were it cost to keep CBO going. What kind of President, what kind of under the Bush administration, he was So think about that. We start having party, what kind of Senate does such a able to receive the benefits of the per- a competition for scoring bills so that thing? Why would you pit younger mits done during the Bush years so he we can get legitimate bills, not one workers against our seniors? But that’s could say, Look, we’re producing more where America is promised it will cost what occurred with the debt ceiling on Federal land. Isn’t that great. Well, $800 billion only to find out it’s going bill. yes, but now we’re going to start seeing to be more than twice that amount That’s what occurred with the 2 per- the consequences of cutting in half the even before it really comes into fru- cent cut to the Social Security tax. It number of permits during the Obama ition. We need competitive scoring. sounded like a great idea, and now we administration’s first term; and there Then, over a few years of time, we will find out 2 years later, actually, that 2 will be a price to pay in our energy begin to see who’s more accurate and percent reduction in the amount of costs over the next 4 years. who’s not. We will be able to score the money that workers pay into Social We hear people saying over and over scorers. Because until that time, we Security, it was a very small amount, and over again Americans must pay will continue to limp along and have relatively speaking, to the amount of their fair share. The rich must pay ridiculous mathematics like CBO tell- debt the United States and workers are their fair share. Everyone must pay ing us that ObamaCare will cost $800 having to run up because of the poor their fair share. And on that, I am in billion and shortly later coming back economy. 100 percent agreement with our Presi- and saying it’s probably going to be But we were told, Oh, it may save dent, with Leader REID at the other $1.6 trillion. A margin of error of 100 them $60, $80 a month. It may be such end of this building, with my friends percent is intolerable. It’s time for a a great thing. And yet $60, $80—as im- across the aisle, the Democrats here different means of scoring. portant as that is to any individual who want everybody to pay their fair Let’s have competition. I think that worker—meant that last year, for the share. I’m in 100 percent agreement. We you would end up having some of the first time, the Social Security taxes absolutely should do that, make every- universities in the country have their— coming in did not cover the Social Se- body pay their fair share. whether it’s economic or finance de- curity checks going out. It meant that You know, lots of folks use the meta- partments. Texas A&M has a great de- this administration pushed through a phor, Let’s make sure everybody has partment that does a lot of projections bill with Leader REID down in the Sen- some skin in the game. Well, if you and calculations. I know there are ate pushing the way for it. It meant really want to have everyone pay their schools around the country that do that seniors’ checks were not covered fair share, there is an easy answer; and, that. We could make a competition. by the Social Security taxes being paid fortunately, it would drive this econ- And the better you are at scoring, per- by at least 5 percent. omy to brand-new heights. It would haps the more you get paid for scoring There were projections then that it drive this country and our economy to bills because you’re more accurate. was a 5 percent shortfall last year, and a new economic renaissance. It would Make it a competition. Because in the this year it’s going to be a 14, 15 per- be incredible. And all of our friends meantime, having an entity that scores cent shortfall. That wasn’t supposed to around the country who are suffering, bills, that is used to condemn a bill or happen for several years. Republicans who don’t have even $3 a gallon to pay raise a bill to the heights, is bringing and Democrats were debating in years for gasoline, it would help them when us down to economic ruin. It’s one of past—since I’ve been here in the last 8 they can’t handle the rent going up and the little parts of the puzzle that needs years—about how, no, that wouldn’t the groceries going up. It would help fixing. happen until 2018. Others said, no, that them as we saw the economy become won’t happen until 2048. Well, it hap- more vibrant because after 4 years, if b 1630 pened last year in 2011. The money Tim Geithner were really honest, he So we have a President who con- coming in from Social Security tax did would come forward and say, as Sec- tinues to be vague on what he will ac- not cover Social Security payments. retary of Treasury Morgenthau did in cept to avoid what people are calling And so what’s the proposal by this 1940 when he wrote: the fiscal cliff. Well, I might remind President and Leader REID? It’s, let’s We have spent more money than any coun- people that the fiscal cliff was gone gut Social Security even further. Let’s try in history, and we have nothing to show over in August of 2011. Some have al- make it bankrupt even quicker. for it but more debt. ready forgotten. We were told if we Listen, what’s going on? I know we That’s what a Secretary of the Treas- didn’t have a debt ceiling increase by all have the goal of making America ury who wanted to be honest would say August 2, we were going over the finan- stronger, but we’re seeing that what is after 4 years of the most incredible

VerDate Mar 15 2010 00:50 Dec 05, 2012 Jkt 029060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K04DE7.059 H04DEPT1 jbell on DSK7SPTVN1PROD with December 4, 2012 CONGRESSIONAL RECORD — HOUSE H6621 spending beyond anything that Sec- percent across the board. I’ll never EXECUTIVE COMMUNICATIONS, retary Morgenthau, under Roosevelt, have a problem with an estate tax, but ETC. could have ever dreamed. it is outrageous to make people sell the Under clause 2 of rule XIV, executive Well, here’s a good answer. When you family farm or sell the business or get communications were taken from the hear the term ‘‘fair share,’’ think flat in hock up to their ears for something Speaker’s table and referred as follows: tax. You want people to pay their fair their parents have worked a lifetime to 8568. A letter from the Director, Regu- share, make a flat tax. build up. People like Warren Buffet, latory Management Division, Environmental Now, the President has had his friend the ultrarich, they’re not going to have Protection Agency, transmitting the Agen- Warren Buffett, one of many of the to worry about the estate tax because cy’s final rule — Fenpropathrin; Pesticide megarich in this country—in fact, the they’re able to pay megabucks for law- Tolerances [EPA-HQ-OPP-2009-0644; FRL- megarich Wall Street apparently sup- yers and brilliant financial analysts to 9366-1] received November 28, 2012, pursuant port the President four to one over Re- come up with a way—usually involving to 5 U.S.C. 801(a)(1)(A); to the Committee on publicans. It’s one of the great, amaz- life insurance and different things—to Agriculture. ing misconceptions in America. Wall take care of their estate tax. So it’s 8569. A letter from the Under Secretary, Department of Defense, transmitting ac- Street executives and their spouses do- not the megarich. count balance in the Defense Cooperation nate four to one to Democrats over Re- When people say they’re going after Account as of September 30, 2012; to the publicans. So I would like to see the fat the rich fat cats, England did that in Committee on Armed Services. cat Democrats and the fat cat Repub- 2009. An article last week pointed out 8570. A letter from the Director, Regu- licans all pay their fair share. I’m tired that in 2009, England increased to 50 latory Management Division, Environmental of hearing Warren Buffett say he percent, in addition to all the other Protection Agency, transmitting the Agen- cy’s final rule — Approval and Promulgation doesn’t pay as much a rate as his sec- taxes they have, the tax against people retary and he wishes the rich were of Air Quality Implementation Plans; Dela- making 1 million pounds or more, and ware; Control of Stationary Generator Emis- taxed more. that next year England went from hav- sions [EPA-R03-OAR-2012-0619; FRL-9754-9] b 1640 ing 16,000 people who were making 1 received November 28, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on En- What hypocrisy is that? Holy cow. million pounds or more a year to 6,000. They dropped from 16,000 people mak- ergy and Commerce. It’s really easy. We’ve made it easy. 8571. A letter from the Director, Regu- Just write the check to the U.S. Gov- ing more than 1 million pounds a year to 6,000. That’s an incredible drop, a latory Management Division, Environmental ernment, IRS, however you want to. Protection Agency, transmitting the Agen- two-thirds loss. So there was no addi- We’ll cash it however you want to cy’s final rule — Health and Safety Data Re- write it. tional income made—or, it’s not porting; Addition of Certain Chemicals You want everybody to pay their fair made—it’s taken. There was no addi- [EPA-HQ-OPPT-2011-0363; FRL-9355-9] (RIN: share? Let’s pay taxes at a flat tax tional income taken by raising the 2070-AJ89) received November 28, 2012, pursu- ant to 5 U.S.C. 801(a)(1)(A); to the Committee rate. The great thing about a flat tax is taxes on the rich because they’re too elusive to nail down. on Energy and Commerce. when you make more, you pay more; 8572. A letter from the Director, Regu- when you make less, you pay less. The So you might as well set up a system latory Management Division, Environmental other thing about a flat tax, it doesn’t that doesn’t keep punishing the middle Protection Agency, transmitting the Agen- just need to be a flat tax on income; it class. The truth is, when you raise cy’s final rule — Approval and Promulgation ought to be a flat tax across the board. taxes on the ultrarich and you keep of Air Quality Implementation Plans; Penn- Some think there should be no deduc- spending to match that—and actually sylvania; Allegheny County Incorporation by tions. I’m in favor of two. A brilliant this administration and some friends in Reference of Pennsylvania’s Consumer Prod- mind, even though he went to Harvard, this Congress want to keep raising the ucts Regulations [EPA-R03-OAR-2012-0797; amount we spend instead of getting re- FRL-9755-2] received November 28, 2012, pur- Arthur Laffer, has an idea, and he’s suant to 5 U.S.C. 801(a)(1)(A); to the Com- talking in terms of two good deduc- alistic. When you keep doing that, mittee on Energy and Commerce. tions: a mortgage interest deduction what you hurt is the middle class. 8573. A letter from the Director, Regu- and charitable deductions. Frankly, I They’re the ones that suck it up be- latory Management Division, Environmental don’t want to see a cap on charitable cause the middle class—when you work Protection Agency, transmitting the Agen- deductions, because that plays right at a store or a factory or a mechanic’s cy’s final rule — Approval and Promulgation into this administration’s desire to garage, any of the places that the mid- of Air Quality Implementation Plans; State have government be the end-all, be-all dle class work, when you work there, of Florida; Regional Haze State Implementa- you can’t just pick up your factory if tion Plan [EPA-R04-OAR-2010-0935; FRL-9755- charity, even though as we’ve seen 8] received November 28, 2012, pursuant to 5 from Katrina under a Republican ad- you’re a worker and move wherever U.S.C. 801(a)(1)(A); to the Committee on En- ministration and we’ve seen from you want where the taxes are less. The ergy and Commerce. Sandy under a Democratic administra- owners of the factory can, they can 8574. A letter from the Director, Regu- tion, the Federal Government is not move. They don’t have to pay the high- latory Management Division, Environmental the best answer for getting help quick- er tax. The workers can’t. As you see Protection Agency, transmitting the Agen- ly enough to people. It was the private what happened in England, when that cy’s final rule — Approval and Promulgation sector that got gas, water, and help happens everywhere, when you raise of Implementation Plans; California; Deter- taxes on the ultrarich, they move be- minations of Attainment for the 1997 8-Hour most quickly to people who suffered Ozone Standard [EPA-R09-OAR-2011-0492; from Hurricane Katrina and from Hur- cause they can. And who has to suck up FRL-9757-1] received November 28, 2012, pur- ricane Sandy. But a proposal to cap all that extra money that has to be suant to 5 U.S.C. 801(a)(1)(A); to the Com- charitable contributions as deductions provided for, that the government mittee on Energy and Commerce. would end up killing charities and forc- doesn’t have? It’s the middle class that 8575. A letter from the Director, Regu- ing people to come begging, Oh, please, does. latory Management Division, Environmental government, would you please give me With that, I yield back the balance of Protection Agency, transmitting the Agen- a morsel, give me another crumb. So my time. cy’s final rule — Approval and Promulgation of State Implementation Plans; City of Albu- whichever party happens to be in power querque-Bernalillo County, New Mexico; gets more power, Republican or Demo- f Interstate Transport Affecting Visibility and crat, we’ve got to stop that cycle of de- Regional Haze Rule Requirements for Man- pendency. We have got to help people ADJOURNMENT datory Class I Areas [EPA-R06-OAR-2008-0702; reach their God-given potential. FRL-9755-5] received November 28, 2012, pur- When you hear about fair share, you Mr. GOHMERT. Mr. Speaker, I move suant to 5 U.S.C. 801(a)(1)(A); to the Com- want an equal percentage tax, let’s that the House do now adjourn. mittee on Energy and Commerce. have one for Warren Buffett and the The motion was agreed to; accord- 8576. A letter from the Director, Regu- latory Management Division, Environmental same rate for his secretary. Let’s make ingly (at 4 o’clock and 45 minutes Protection Agency, transmitting the Agen- the income tax, the corporate tax, the p.m.), under its previous order, the cy’s final rule — Revisions to the California capital gains tax, the gift tax, the es- House adjourned until tomorrow, State Implementation Plan, San Joaquin tate tax, let’s just make them all 15 Wednesday, December 5, 2012, at 9 a.m. Valley Unified Air Pollution Control District

VerDate Mar 15 2010 00:50 Dec 05, 2012 Jkt 029060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K04DE7.061 H04DEPT1 jbell on DSK7SPTVN1PROD with H6622 CONGRESSIONAL RECORD — HOUSE December 4, 2012 (SJVUAPCD) [EPA-R09-OAR-2012-0267; FRL- 8585. A letter from the Director, Office of Financial Services, and Education and the 9730-3] received November 28, 2012, pursuant Sustainable Fisheries, NMFS, National Oce- Workforce, for a period to be subsequently to 5 U.S.C. 801(a)(1)(A); to the Committee on anic and Atmospheric Administration, trans- determined by the Speaker, in each case for Energy and Commerce. mitting the Administration’s final rule — consideration of such provisions as fall with- 8577. A letter from the Director, Regu- Atlantic Highly Migratory Species; 2006 Con- in the jurisdiction of the committee con- latory Management Division, Environmental solidated Highly Migratory Species Fishery cerned. Protection Agency, transmitting the Agen- Management Plan; Amendment 4 [Docket By Mr. MORAN: cy’s final rule — Revisions to the California No.: 080603729-2454-02] (RIN: 0648-AW83) re- H.R. 6632. A bill to amend the National State Implementation Plan, San Joaquin ceived November 29, 2012, pursuant to 5 Voter Registration Act of 1993 to modernize Valley Unified Air Pollution Control District U.S.C. 801(a)(1)(A); to the Committee on Nat- State voting systems by allowing for in- (SJVUAPCD) and South Coast Air Quality ural Resources. creased use of the internet in voter registra- Management District (SCAQMD) [EPA-R09- 8586. A letter from the Director, Office of tion, and for other purposes; to the Com- OAR-2012-0252; FRL-9737-1] received Novem- Sustainable Fisheries, NMFS, National Oce- mittee on House Administration. ber 28, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); anic and Atmospheric Administration, trans- By Mr. WITTMAN (for himself, Mr. to the Committee on Energy and Commerce. mitting the Administration’s final rule — FORBES, Mr. RIGELL, Mr. SCOTT of 8578. A letter from the Director, Regu- Fisheries Off West Coast States; West Coast Virginia, Mr. WOLF, Mr. MORAN, Mr. latory Management Division, Environmental Salmon Fisheries; Announcing OMB Ap- HURT, Mr. CONNOLLY of Virginia, Mr. Protection Agency, transmitting the Agen- proval of Information Collection [Docket GRIFFITH of Virginia, Mr. COURTNEY, cy’s final rule — Approval and Promulgation No.: 120614172-2395-01] (RIN: 0648-BC29) re- and Mr. GOODLATTE): of Air Quality Implementation Plans; Ohio; ceived November 29, 2012, pursuant to 5 H. Con. Res. 143. Concurrent resolution PBR and PTIO [EPA-R05-OAR-2007-1102; U.S.C. 801(a)(1)(A); to the Committee on Nat- congratulating the Navy and the current and EPA-R05-OAR-2008-0782; FRL-9753-7] received ural Resources. former officers and crew of the U.S.S. Enter- November 25, 2012, pursuant to 5 U.S.C. 8587. A letter from the Chief, Publications prise (CVN 65) on completion of the 25th and 801(a)(1)(A); to the Committee on Energy and and Regulations Branch, Internal Revenue final deployment of the vessel; to the Com- Commerce. mittee on Armed Services. 8579. A letter from the Director, Regu- Service, transmitting the Service’s final rule — 2013 Standard Mileage Rates [Notice 2012- By Mr. WOLF (for himself, Mr. BROUN latory Management Division, Environmental of Georgia, Mr. CAMPBELL, Mr. WIL- Protection Agency, transmitting the Agen- 72] received November 29, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on SON of South Carolina, Mr. GOHMERT, cy’s final rule — Colorado: Final Authoriza- Mr. CULBERSON, Mr. ADERHOLT, Mr. tion of State Hazardous Waste Management Ways and Means. 8588. A letter from the Chief, Publications CRAVAACK, Mr. BROOKS, Mr. WITT- Program Revisions [EPA-R08-RCRA-2012- MAN, Mr. DUNCAN of South Carolina, 0396; FRL-9753-6] received November 20, 2012, and Regulations, Internal Revenue Service, transmitting the Service’s final rule — Tier Mr. GRIFFIN of Arkansas, Mr. MEE- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- HAN, Mr. POSEY, and Mr. KING of mittee on Energy and Commerce. 2 Tax Rates for 2013 received November 29, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the Iowa): 8580. A letter from the Director, Regu- H. Res. 824. A resolution establishing a se- Committee on Ways and Means. latory Management Division, Environmental lect committee to investigate and report on Protection Agency, transmitting the Agen- f the attack on the United States consulate in cy’s final rule — Approval and Promulgation Benghazi, Libya; to the Committee on Rules. of State Implementation Plans; State of New PUBLIC BILLS AND RESOLUTIONS f Mexico; Regional Haze Rule Requirements Under clause 2 of rule XII, public for Mandatory Class I Areas [EPA-R06-OAR- MEMORIALS 2009-0050; FRL-9755-6] received November 20, bills and resolutions of the following 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the titles were introduced and severally re- Under clause 3 of rule XII, memorials Committee on Energy and Commerce. ferred, as follows: were presented and referred as follows: 8581. A letter from the Director, Regu- By Mr. POE of Texas (for himself and 300. The SPEAKER presented a memorial latory Management Division, Environmental Mrs. MALONEY): of the General Assembly of the State of Cali- Protection Agency, transmitting the Agen- H.R. 6628. A bill to amend the DNA Anal- fornia, relative to Assembly Joint Resolu- cy’s final rule — Approval and Promulgation ysis Backlog Elimination Act of 2000 to pro- tion No. 39 supporting the use of a portion of of Implementation Plans; Florida; Section vide for Debbie Smith grants for auditing federally generated seafood product import 128 and 110(a)(2)(E)(ii) and (G) Infrastructure sexual assault evidence backlogs and to es- revenues for domestic marketing and pro- Requirements for the 1997 8-hour Ozone Na- tablish a Sexual Assault Forensic Evidence motion of California fish and seafood; to the tional Ambient Air Quality Standards; Cor- Registry, and for other purposes; to the Com- Committee on Agriculture. 301. Also, a memorial of the General As- rection [EPA-R04-OAR-2011-0809; FRL-9754-5] mittee on the Judiciary. sembly of the State of California, relative to received November 20, 2012, pursuant to 5 By Mr. WALZ of Minnesota (for him- Assembly Joint Resolution No. 31 requesting U.S.C. 801(a)(1)(A); to the Committee on En- self, Ms. MCCOLLUM, and Mr. ergy and Commerce. the Congress and the Department of Defense WOMACK): 8582. A letter from the Assistant Regional to remain committed to maintaining the H.R. 6629. A bill to improve the training of Director, USFWS; Acting Chair, Federal 144th Fighter Wing and the Aerospace Con- child protection professionals; to the Com- Subsistence Board, Department of the Inte- trol Alert mission in California; to the Com- mittee on Education and the Workforce, and rior, transmitting the Department’s final mittee on Armed Services. in addition to the Committee on the Judici- rule — Subsistence Management Regulations 302. Also, a memorial of the General As- ary, for a period to be subsequently deter- for Public Lands in Alaska — 2012-13 and sembly of the State of California, relative to mined by the Speaker, in each case for con- 2013-14 Subsistence Taking of Wildlife Regu- Assembly Joint Resolution No. 40 urging the sideration of such provisions as fall within lations [Docket No.: FWS-R7-SM-2010-0066] Federal Housing Finance Agency to imme- (RIN: 1018-AX33) received November 29, 2012, the jurisdiction of the committee concerned. diately allow the Federal National Mortgage pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- By Mr. CARTER: Association and the Federal Home Loan mittee on Natural Resources. H.R. 6630. A bill to require that the mem- Mortgage Corporation to offer principal re- 8583. A letter from the Director, Office of bers of the Armed Forces and civilian em- ductions to homeowners; to the Committee Sustainable Fisheries, NMFS, National Oce- ployees of the Department of Defense who on Financial Services. anic and Atmospheric Administration, trans- were victims in the attack that occurred at 303. Also, a memorial of the General As- mitting the Administration’s final rule — Fort Hood, Texas, on November 5, 2009, and sembly of the State of California, relative to Snapper-Grouper Fishery off the Southern the family members of those victims be ac- Assembly Joint Resolution No. 46 supporting Atlantic States; Snapper-Grouper Manage- corded the same treatment, benefits, and the advocacy efforts of Operation San Diego; ment Measures [Docket No.: 120403249-2492-02] honors as were accorded the victims of the to the Committee on the Budget. (RIN: 0648-BC03) received November 29, 2012, September 11, 2001, terrorist attacks on the 304. Also, a memorial of the General As- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- United States and the family members of sembly of the State of California, relative to mittee on Natural Resources. those victims; to the Committee on Armed Assembly Joint Resolution No. 27 memori- 8584. A letter from the Director, Office of Services, and in addition to the Committee alizing high school and college coaches of Sustainable Fisheries, NMFS, National Oce- on Oversight and Government Reform, for a women’s athletics are to be commended for anic and Atmospheric Administration, trans- period to be subsequently determined by the progress in attaining the goals of Title IX; to mitting the Administration’s final rule — Speaker, in each case for consideration of the Committee on Education and the Work- Magnuson-Stevens Fishery Conservation and such provisions as fall within the jurisdic- force. Management Act Provisions; Fisheries of the tion of the committee concerned. 305. Also, a memorial of the General As- Northeastern United States; Northeast By Mrs. CHRISTENSEN: sembly of the State of California, relative to Multispecies Fishery; Interim Action; Rule H.R. 6631. A bill to provide energy crisis re- Assembly Joint Resolution No. 47 supporting Extension [Docket No.: 120316196-2195-01] lief to residents of the Virgin Islands; to the the efforts to ensure pay equity and to pro- (RIN: 0648-BB89) received November 29, 2012, Committee on Agriculture, and in addition tect employees who seek information about pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- to the Committees on Energy and Com- pay without fear of retribution; to the Com- mittee on Natural Resources. merce, Transportation and Infrastructure, mittee on Education and the Workforce.

VerDate Mar 15 2010 00:50 Dec 05, 2012 Jkt 029060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\L04DE7.000 H04DEPT1 jbell on DSK7SPTVN1PROD with December 4, 2012 CONGRESSIONAL RECORD — HOUSE H6623 306. Also, a memorial of the General As- Relief Act of 2011; to the Committee on Congress has the power to enact this legis- sembly of the State of California, relative to Transportation and Infrastructure. lation pursuant to the following: Assembly Joint Resolution No. 27 memori- 317. Also, a memorial of the General As- ‘‘Article IV, section 3 of the Constitution alizing high school and college coaches of sembly of the State of California, relative to of the United States grant Congress the au- women’s athletics are to be commended for Assembly Joint Resolution No. 46 supporting thority to make all needful Rules and Regu- progress in attaining the goals of Title IX; to the advocacy efforts of Operation San Diego; lations respecting the Territory or other the Committee on Education and the Work- jointly to the Committees on the Budget and Property belonging to the United States.’’ force. Armed Services. By Mr. MORAN: 307. Also, a memorial of the General As- 318. Also, a memorial of the General As- H.R. 6632. sembly of the State of California, relative to sembly of the State of California, relative to Congress has the power to enact this legis- Assembly Joint Resolution No. 44 recog- Assembly Joint Resolution No. 35 urging the lation pursuant to the following: nizing September 2012, and each September President and the Congress to restrict the Article I, Section 4 of the Constitution of thereafter, as Sickle Cell Anemia Awareness transshipment for waterborne export of coal the United States grants Congress the au- Month; to the Committee on Energy and for electricity generation to any nation that thority to enact this bill. Commerce. fails to adopt rules and regulations on the 308. Also, a memorial of the General As- emissions of greenhouse gases; jointly to the f sembly of the State of California, relative to Committees on Energy and Commerce and Assembly Joint Resolution No. 28 urging the Foreign Affairs. ADDITIONAL SPONSORS Postal Service to end its plan to reduce the 319. Also, a memorial of the General As- frequency of mail delivery from six days to sembly of the State of California, relative to Under clause 7 of rule XII, sponsors five days a week; to the Committee on Over- Assembly Joint Resolution No. 30 memori- were added to public bills and resolu- sight and Government Reform. alizing the President and the Congress to tions as follows: 309. Also, a memorial of the General As- enact appropriate legislation that would add H.R. 1695: Mr. MICHAUD. sembly of the State of California, relative to comprehensive, preventative dental care cov- H.R. 2082: Mr. DAVIS of Illinois. Assembly Joint Resolution No. 28 urging the erage to Medicare benefits; jointly to the H.R. 2705: Mr. MICHAUD. Postal Service to end its plan to reduce the Committees on Energy and Commerce and H.R. 3159: Mr. SCOTT of South Carolina. frequency of mail delivery from six days to Ways and Means. H.R. 3713: Mr. DEUTCH, Mr. RIVERA, and Mr. five days a week; to the Committee on Over- f ENGEL. sight and Government Reform. 310. Also, a memorial of the General As- CONSTITUTIONAL AUTHORITY H.R. 4120: Mr. GENE GREEN of Texas, Ms. BORDALLO, and Mr. ELLISON. sembly of the State of California, relative to STATEMENT Assembly Joint Resolution No. 20 calling for H.R. 4322: Mrs. BLACK and Mr. STIVERS. the Congress to quickly pass the Gulf of Pursuant to clause 7 of rule XII of H.R. 5742: Ms. DEGETTE. Farallones and Cordell Bank National Ma- the Rules of the House of Representa- H.R. 5822: Mr. SCOTT of South Carolina. rine Sanctuaries Boundary Modification and tives, the following statements are sub- H.R. 5991: Ms. DEGETTE. Protection Act; to the Committee on Nat- mitted regarding the specific powers H.R. 6128: Mr. GUTIERREZ, Mr. CAPUANO, and Mr. MORAN. ural Resources. granted to Congress in the Constitu- 311. Also, a memorial of the General As- H.R. 6200: Mr. HONDA. tion to enact the accompanying bill or H.R. 6322: Mr. ROSS of Florida. sembly of the State of California, relative to joint resolution. Assembly Joint Resolution No. 20 calling the H.R. 6412: Mr. VAN HOLLEN and Mr. CURSON Congress to quickly pass the Gulf of By Mr. POE of Texas: of Michigan. Faralloens and Cordell Bank National Ma- H.R. 6628. H.R. 6443: Mr. WEST, Mr. MICA, Mr. ROONEY, rine Sanctuaries Boundary Modification and Congress has the power to enact this legis- Mr. NUGENT, Mr. WEBSTER, Mrs. ADAMS, Mr. Protection Act; to the Committee on Nat- lation pursuant to the following: YOUNG of Florida, Mr. BILIRAKIS, Mr. ural Resources. Article I, Section 8 Clause 1, which reads: STEARNS, Mr. CRENSHAW, Mr. POSEY, Mr. 312. Also, a memorial of the General As- The Congress shall have Power To lay and SOUTHERLAND, and Mr. MACK. sembly of the State of California, relative to collect Taxes, Duties, Imposts and Excises, H.R. 6448: Mr. GEORGE MILLER of Cali- Assembly Joint Resolution No. 45 urging the to pay the Debts and provide for the common fornia. President and the Congress to reauthorize Defence and general Welfare of the United H.R. 6511: Mr. FORBES. the Federal Assault Weapons Ban; to the States; but all Duties, Imposts and Excise H.R. 6567: Mr. SCOTT of South Carolina. Committee on the Judiciary. shall be uniform throughout the United H.R. 6575: Mr. LATHAM. 313. Also, a memorial of the General As- States; H.R. 6587: Ms. WATERS, Mr. HUNTER, Mr. sembly of the State of California, relative to Article 1, Section 8, Clause 18, which reads: BECERRA, Mr. CAMPBELL, Ms. CHU, Mr. Assembly Joint Resolution No. 47 supporting The Congress shall have Power To make all DENHAM, Mr. GARAMENDI, Ms. HAHN, Mr. the efforts to ensure pay equality and to pro- Laws which shall be necessary and proper for HERGER, Mr. LEWIS of California, Ms. ZOE tect employees who seek information about carrying into Execution the foregoing Pow- LOFGREN of California, Mr. DANIEL E. LUN- pay without fear of retribution; to the Com- ers, and all other Powers vested by the Con- GREN of California, Ms. MATSUI, Mr. GEORGE mittee on Education and the Workforce. stitution in the Government of the United MILLER of California, Ms. ROYBAL-ALLARD, 314. Also, a memorial of the General As- States, or in any Department or Officer and Mr. WAXMAN. sembly of the State of California, relative to thereof. H.R. 6598: Mrs. BLACKBURN. Assembly Joint Resolution No. 45 urging the By Mr. WALZ of Minnesota: H.R. 6606: Ms. PINGREE of Maine. President and the Congress to reauthorize H.R. 6629. H.R. 6625: Mr. KLINE. the Federal Assault Weapons Ban; to the Congress has the power to enact this legis- H.J. Res. 81: Mr. BOREN. Committee on the Judiciary. lation pursuant to the following: H.J. Res. 90: Mr. PERLMUTTER. 315. Also, a memorial of the General As- This bill is enacted pursuant to the power H. Con. Res. 141: Mr. MCGOVERN, Ms. sembly of the State of California, relative to granted to Congress under Article I, Section VELA´ ZQUEZ, Mr. KEATING, Mr. ELLISON, and Assembly Joint Resolution No. 25 supporting 8 of the United States Constitution. Ms. ESHOO. the Los Angeles Residential Helicopter Noise By Mr. CARTER: H. Res. 134: Mr. GONZALEZ and Mr. DAVID Relief Act of 2011; to the Committee on H.R. 6630. SCOTT of Georgia. Transportation and Infrastructure. Congress has the power to enact this legis- H. Res. 220: Mr. CONYERS. 316. Also, a memorial of the General As- lation pursuant to the following: H. Res. 298: Mr. QUIGLEY. sembly of the State of California, relative to Art. 1, Sec. 8, cl. 12 H. Res. 760: Mr. PASTOR of Arizona and Mr. Assembly Joint Resolution No. 25 supporting By Mrs. CHRISTENSEN: REYES. the Los Angeles Residential Helicopter Noise H.R. 6631. H. Res. 818: Mr. NUNNELEE.

VerDate Mar 15 2010 00:50 Dec 05, 2012 Jkt 029060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\L04DE7.001 H04DEPT1 jbell on DSK7SPTVN1PROD with E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 112 CONGRESS, SECOND SESSION

Vol. 158 WASHINGTON, TUESDAY, DECEMBER 4, 2012 No. 154 Senate The Senate met at 10 a.m. and was appoint the Honorable CHRISTOPHER A. The ACTING PRESIDENT pro tem- called to order by the Honorable CHRIS- COONS, a Senator from the State of Dela- pore. The clerk will read the bill by TOPHER A. COONS, a Senator from the ware, to perform the duties of the Chair. title for the second time. State of Delaware. DANIEL K. INOUYE, The legislative clerk read as follows: President pro tempore. A bill (H.R. 6429) to amend the Immigra- PRAYER Mr. COONS thereupon assumed the tion and Nationality Act to promote innova- The Chaplain, Dr. Barry C. Black, of- chair as Acting President pro tempore. tion, investment, and research in the United fered the following prayer: f States, to eliminate the diversity immigrant Let us pray. program, and for other purposes. RECOGNITION OF THE MAJORITY Lord of light and glory, bend Your Mr. REID. Mr. President, I would ob- LEADER ears to hear our prayers. Lord, deep in- ject to any further proceedings with re- side we long to be a part of something The ACTING PRESIDENT pro tem- spect to this legislation at this time. bigger than ourselves. Give our law- pore. The majority leader is recog- The ACTING PRESIDENT pro tem- makers the wisdom to discover Your nized. pore. The objection is heard. purposes and the courage to obey Your f The bill will be placed in the cal- commands. Lord, teach them to endar. promptly make right decisions and to SCHEDULE resist the temptation to waste the cur- Mr. REID. Mr. President, following f rency of the faith and trust of the leader remarks the Senate will proceed American people. As they follow Your to executive session to consider the FISCAL CLIFF providential leading, may our Senators disabilities treaty. The time until noon Mr. REID. Mr. President, it has been strive to be instruments of Your glory. will be equally divided and controlled almost 3 weeks since we all met with Use them, Lord, to do Your will on between Senators KERRY and LUGAR, the President to avert that fiscal cliff Earth even as it is done in Heaven. Into the managers of this treaty, or their we hear so much about. Yesterday, each dark and trying hour, send the il- designees. after weeks of delay, and as the days lumination of Your mercy and grace. At noon there will be a rollcall vote dwindle and taxes are set to go up for We pray in Your great Name. Amen. on the Resolution of Advice and Con- millions of families and businesses, Re- f sent to Ratification of the Convention publicans in the House finally showed PLEDGE OF ALLEGIANCE on the Rights of Persons with Disabil- up at the negotiating table. The Honorable CHRISTOPHER A. ities. Now we know why they have been COONS, a Senator from the State of I have a number of requests. We don’t holding their cards so close to their Delaware, led the Pledge of Allegiance, do treaties often, and our requests vests. Their proposal would raise taxes as follows: from Senators on both sides of the aisle on millions of middle-class families. I pledge allegiance to the Flag of the have suggested, and I think they are Their plan is to raise $800 billion in United States of America, and to the Repub- right, that because this is a treaty, the revenue by eliminating popular tax de- lic for which it stands, one nation under God, votes will take place from our desk ductions and credits that would reach indivisible, with liberty and justice for all. today. Everyone should be on notice, deep into the pockets of middle-class f they should be here, and we will vote families. Republicans are so intent on from our desks. APPOINTMENT OF ACTING protecting low tax rates for million- Following the vote, the Senate will PRESIDENT PRO TEMPORE aires and billionaires, they are willing recess to allow for the weekly caucus to sacrifice middle-class families’ eco- The PRESIDING OFFICER. The meetings. nomic security to do so. clerk will please read a communication Additional votes on the National De- In the first year, unless we do some- to the Senate from the President pro fense Authorization Act are expected thing, middle-class families; that is, tempore (Mr. INOUYE). during today’s session. people making less than $250,000 a year, The legislative clerk read the fol- will get an average of $2,200 in addi- lowing letter: f tional tax, taxes they will have to pay. U.S. SENATE, MEASURE PLACED ON THE Their proposal that we received yes- PRESIDENT PRO TEMPORE, CALENDAR—H.R. 6429 terday was short on specifics, but we Washington, DC, December 4, 2012. To the Senate: Mr. REID. Mr. President, I am told do know from independent analysis Under the provisions of rule I, paragraph 3, there is a bill, H.R. 6429, due for a sec- that it is impossible to raise enough of the Standing Rules of the Senate, I hereby ond reading. revenue to make a dent in the deficit

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

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VerDate Mar 15 2010 00:58 Dec 05, 2012 Jkt 029060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A04DE6.000 S04DEPT1 PWALKER on DSK7TPTVN1PROD with S7364 CONGRESSIONAL RECORD — SENATE December 4, 2012 without using one of two things: rais- know, every one of them will sign this motions and amendments, compared to ing tax rates on the top 2 percent or discharge petition. only 67 for the Senate minority, which raising taxes on the middle class. We have heard Republicans in the is more than three times as many mo- As my friend, the senior Senator House who are willing to move forward. tions and amendments, but the minor- from Missouri, said on the Sunday talk If every Democrat signs this, we will ity in the House has had three times as shows, the Speaker has to make a deci- only need about 25 Republicans to join. many votes as the minority in the Sen- sion whether it is more important to The American people should see that ate. In terms of protecting the right of keep his job or to do something about picture. With 25 Republican votes—25 the minority to represent their con- the economy that is in such difficult Republican votes—middle-class Amer- stituents through amendments on the shape in America. He has to make a ica would be able to rest assured that floor, the House is becoming more like choice. they will not have a tax increase at the the Senate used to be, and the Senate The nonpartisan Tax Policy Center first of the year. Twenty-five Repub- is becoming more like the House used called it mathematically impossible to licans is all it would take. to be. reduce the deficit and give more tax f But what about the second great cuts to the rich without harming the right in the Senate, the right to de- middle class. This is the same thing RECOGNITION OF THE MINORITY bate? How has the exercise of this right President Clinton talked about so often LEADER fared under the Democratic majority? during the campaign, saying to every- The ACTING PRESIDENT pro tem- The short answer is not so great. The one it is arithmetic. pore. The Republican leader is recog- filing of cloture under the Senate rules As usual, given the choice between nized. is the beginning of the process to end millionaires and billionaires and the f debate, and the wielding of this power- middle class, Republicans again sided LIMITING THE RIGHT TO DEBATE ful tool is in the hands of the majority with the wealthy of this country. In leader. If one wants to simply equate fact, their plan doesn’t just keep rates Mr. MCCONNELL. Mr. President, the filing of cloture, if one wants to low for the richest 2 percent, it actu- during the past couple days, we have equate the filing of cloture with a fili- ally lowers them further. The Demo- discussed the plans of the Democratic buster, there is the potential for the crats’ plan would protect 98 percent of majority to make the Senate more ‘‘ef- majority to generate a lot of filibusters families and 97 percent of small busi- ficient’’ and to do it by breaking the with a quick trigger on the cloture mo- nesses from painful tax increases by rules of the Senate. It is what my Sen- tion. asking the top 2 percent to pay a little ate colleagues roundly criticized dur- My friends on the other side of the bit more to reduce the deficit. ing the Bush administration as ‘‘break- aisle have painted a picture where clo- The Republicans’ plan, on the other ing the rules to change the rules.’’ It is ture filings are needed to overcome an hand, is more of the same. Not only something Senate Republicans thought obstinate minority. Cloture is needed, does it balance the budget on the backs about but wisely chose not to do. so we are told, because of Members of of the middle class, it voids our prom- The Senate has two great traditions, the minority who refuse to stop delay- ise to seniors with steep cuts to Social two great rights of Members and, by ing. Security and Medicare, all to pay for extension, the citizens they represent; But does filing cloture on a matter, even more handouts to the rich. the right to amend and the right to de- be it on a bill, an amendment or a con- At least we now know where they bate. ference report, on the very same day stand. Republicans have sought cover Yesterday and last week I talked the Senate is considering that matter, by invoking Erskine Bowles’ name, but about the first of these great Senate indicate a minority that is prolonging he has disavowed their plan in no un- rights and how the Democratic major- debate or does it indicate a majority certain terms. We are glad to finally ity has sought systematically to that is eager not to have a debate at see Republicans joining in the negoti- marginalize the minority in its exer- all? To me, a habitual effort to file clo- ating process instead of watching from cise of this right. ture on a matter as soon as the Senate the sidelines. I noted how the Democratic majority begins to consider the matter indicates While their proposal may be serious, has bypassed committees to an unprec- the latter. it is also a nonstarter. They know any edented extent, how it has blocked What do the numbers show about the agreement that raises taxes on the members of the minority and members use of cloture by this Democratic ma- middle class in order to protect more of the majority, too, from offering jority? According to CRS, the current unnecessary giveaways to the top 2 amendments on the Senate floor before Senate majority has filed cloture on a percent is doomed from the start. It cloture is invoked and how, when that matter—exclusive of motions to pro- will not pass. didn’t shut out the minority, the ma- ceed to a matter—on the very same day Democrats would not agree to it. jority used a bare majoritarian means it considered the matter three and a President Obama wouldn’t sign such a to change Senate procedure to bar the half times more often than the Senate bill, and the American people would minority from offering motions to sus- Republicans did when they were in the not support it. That is in all the polls pend the rules after cloture was in- majority. that are in at press this morning. voked. According to CRS, Senate Repub- The American people are tired of This systemic effort to marginalize licans filed same-day cloture on a mat- budget-busting giveaways to the the minority stands in stark contrast ter just 30 times in 4 years. The current wealthiest few people who have enjoyed to the trend in the House under the Re- Democratic majority has done so well growing paychecks and shrinking tax publican majority. It has allowed the over 100 times. Put another way, Sen- bills for more than a decade. The minority in the House more chances to ate Democrats are much more apt to American people want a balanced deal. amend legislation on the House floor try to shut off debate on a matter as Simple math dictates that a balanced than existed under previous majorities. soon as the Senate begins considering deal must include higher taxes on the In fact, according to the Wall Street the matter than were prior majorities richest of the rich. Republicans would Journal, last year, the House held more including, most recently, Senate Re- be wise to keep that in mind as nego- votes on amendments on the floor than publicans. tiations move forward. it did during the 2 previous years com- The desire of my Democratic col- We are willing to compromise, but we bined, when congressional Democrats leagues to shut down debate before it also will not consign the middle class were in the majority. begins in these instances has nothing to higher tax bills while millionaires When one compares the amendments to do with overcoming resistance to and billionaires avoid all the pain. and the motions voted on in the House the Senate taking up a bill because, as I have been told the leader of the this year with those voted on in the I have just noted, this analysis specifi- Democrats in the House will file today Senate, as the nonpartisan Congres- cally excludes—excludes—same-day a discharge petition asking the Speak- sional Research Service has done, the cloture filings on a motion to proceed. er to bring the bill to the floor. All difference is truly startling. The House It is not just the right to amend that Democratic House Members, as far as I minority has been able to offer 214 such has taken a hit under the Democratic

VerDate Mar 15 2010 00:58 Dec 05, 2012 Jkt 029060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G04DE6.005 S04DEPT1 PWALKER on DSK7TPTVN1PROD with December 4, 2012 CONGRESSIONAL RECORD — SENATE S7365 majority but the right to debate as And that is the challenge I gave to time until 12 noon will be equally di- well. All Senators and all Americans the Speaker today, Speaker BOEHNER. vided. are disserved when these rights are sys- Let the House vote. One Republican The Senator from Massachusetts. tematically marginalized. House Member suggested that more Mr. KERRY. Mr. President, we are This is not the ‘‘golden rule’’ we were than half of the Republicans in the now, as everybody knows, on the Con- promised when the Senate Democrats House would vote for giving tax secu- vention on the Rights of Persons with assumed the majority in 2007—far from rity to people making less than $250,000 Disabilities. It is my understanding it. a year. So I say, let’s have Speaker that we have about 48 minutes for each Rather than continuing to diminish BOEHNER call upon the Republicans in side. I would ask the opponents of the the great tradition to the Senate, rath- the House to add 25 or so votes to what treaty to do what we normally do, er than breaking the rules to change the Democrats would do, and they which is go back and forth from one the rules, we need to strengthen those would have 218 votes and we could go side to the other. I notice there is no rights and traditions. As Senator Byrd on to taking care of the fiscal cliff. one here for the other side, so what we noted, majorities are fleeting. One can Mr. President, my friend protesteth will do is use up a component of our wake after the first Tuesday in Novem- too much. The Senate is broken, it time, and then, because they are not ber and find oneself in the minority. needs to be fixed, and we need to here, I think it would be fair not to I say with respect, I hope our Demo- change the rules. We change them all chew up the time in a quorum call. cratic colleagues are mindful of that as the time. Last year we changed the So I ask unanimous consent that if we continue this discussion and are rules. Why? Because of what they were the opponents on the other side are not prepared not only to live under the doing—the Republicans—just to stop ready to speak or to use their time, rules they would change but to live and slow down everything. After two that the quorum call be charged with a precedent they would establish cloture votes—and remember that against them because I don’t think we by making those changes. takes a long time, to file two cloture should give up our time as a result of I yield the floor. motions, a couple of days and then 30 their simply not being here. So I ask The ACTING PRESIDENT pro tem- hours. So after 60 hours, you would unanimous consent that if there is a pore. The majority leader. think the debate would be all over. Oh quorum and we are not speaking, the Mr. REID. Mr. President, it would be no. What they decided to do was to sus- time be charged to their side. hard to travel to a university campus pend the rules and have more votes. We The ACTING PRESIDENT pro tem- or to a chamber of commerce meeting put up with it for a while—a couple pore. Is there objection? or anyplace in the country, travel just here, a couple there. I think the last Mr. LUGAR. Reserving the right to to a supermarket and talk to people time they had 15 or 16 motions to sus- object, Mr. President, I believe the where they wouldn’t all agree that the pend the rules. That was enough. They chairman has stated a fair position. On Senate is dysfunctional, has not overruled the Chair. They can’t do that the other hand, in terms of our side, worked well. To show how right they anymore. the Republican side, I wish to preserve are is a statement made yesterday by What the Republicans have done is at least the rights of our Members to JOHN MCCAIN. they have brought the Senate to its have the maximum amount of time as Now, Mr. President, JOHN MCCAIN knees, and that is unfortunate. We possible. So I am inclined to believe and I have had our political dif- need to be able to have the Senate op- the time should be charged equally ferences, but no one—no one—can quib- erate the way it should operate, and we against both sides. ble with the fact that JOHN MCCAIN is need to make sure people understand Mr. KERRY. Mr. President, that is an American patriot. He was a Navy how dysfunctional we are and how we fine. I accept that. What I am trying to aviator shot down in Vietnam, spent need to move forward. do is to use this debate period, impor- years—I think it was 61⁄2 or 7 years—as They can say all they want about tant as it is, as effectively as possible a prisoner of war, 41⁄2 of those in soli- ‘‘we need more amendments.’’ Nobody on both sides. tary confinement. criticizes having more amendments, I see there is a Member from the He and I came to the House of Rep- but when we spend 9 or 10 days getting other side who is in opposition, so I resentatives together. I know how the on a bill, we have wasted all that time. withdraw my request, and I yield 10 House works. I served there. While I Nothing happens during that time. We minutes to the Senator from Indiana. appreciate my friend the Republican do nothing here in the Senate. Every- The ACTING PRESIDENT pro tem- leader giving me a minilecture on the thing comes to a standstill. Yet they pore. The Senator from Oklahoma. House, I don’t need one. I served in the complain because they do not have Mr. INHOFE. Mr. President, may I House, and I know how the House time to offer amendments. ask what we just decided in terms of works. And I know what JOHN MCCAIN time? said yesterday because I am reading a f Mr. KERRY. Mr. President, I would verbatim transcript from those pro- RESERVATION OF LEADER TIME inform the Senator from Oklahoma ceedings, and here is what he said: that we have agreed to simply proceed, Mr. REID. Would the Chair announce hopefully alternating from side to side. . . . I apologize for what seems to have the business for the day. happened. Much to my dismay, it lends cre- We have about 48 minutes on each side, The ACTING PRESIDENT pro tem- dence to the argument that maybe we ought and I have yielded 10 minutes to the pore. Under the previous order, the not to do business the way we are doing here Senator from Indiana. in the Senate. leadership time is reserved. Mr. INHOFE. I thank the Chair. That is a direct quote from JOHN f The ACTING PRESIDENT pro tem- MCCAIN. pore. Without objection, the quorum EXECUTIVE SESSION As I said in my opening statement, I calls will be equally divided between served in the House, and the reason I the sides. mentioned today in my opening state- CONVENTION ON THE RIGHTS OF The Senator from Indiana. ment about the discharge petition is PERSONS WITH DISABILITIES Mr. LUGAR. Mr. President, as we all that when I served there, under the now know, the Senate will vote today leadership of Speaker O’Neill, Majority The ACTING PRESIDENT pro tem- on the Convention on the Rights of Leader Michel, and then Jim Wright pore. The Senate will proceed to execu- Persons with Disabilities. The United and Michel, a Republican, there was no tive session to consider the following States has long been a leader in its way they would ever consider doing a treaty, which the clerk will now re- treatment of those with disabilities. vote with the majority of the majority. port. Becoming a party to the convention They wanted to get 218 votes. That is The legislative clerk read as follows: would provide an important platform what they did on reforming Social Se- Treaty Document No. 112–7, Convention on and forum for the United States to con- curity; that is what they did on vir- the Rights of Persons with Disabilities. tinue this leadership. tually everything—get Democrats and The ACTING PRESIDENT pro tem- We received strong expressions of Republicans together and get 218 votes. pore. Under the previous order, the support for the convention from a wide

VerDate Mar 15 2010 00:58 Dec 05, 2012 Jkt 029060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G04DE6.006 S04DEPT1 PWALKER on DSK7TPTVN1PROD with S7366 CONGRESSIONAL RECORD — SENATE December 4, 2012 range of groups who advocate on behalf convention as a means of advancing ommend changes chips away at the of the disabled. This includes numerous this goal. ability of a sovereign nation in gov- veterans organizations representing I would point out that many of us erning itself. those who have become disabled while have visited with veterans—disabled I know a lot of people feel that no serving our country in the Armed veterans, as a matter of fact—in the idea is a good idea unless it comes from Forces. corridors of the Capitol in the last 24 an international organization. I kind of An important factor in my decision hours. They have expressed without fall at the other end of the spectrum. to support the convention has been the reservation the fact that their lives Specifically, the treaty could be used testimony received by the Foreign Re- would be enhanced in the event we to interfere with the ability of parents lations Committee that joining the were able to pass this treaty, because with disabled children to decide what convention will not require any their treatment in other countries action is in the best interest of their change—and I emphasize that: will not would improve as other countries adopt children. This would especially affect require any change—in existing U.S. principles we have found useful as a those parents who homeschool their law or policies regarding treatment of practical means of helping the dis- children. the disabled. abled. I have a daughter—the runt of my In their statements before the For- I believe each one of us ought to be litter, I say to the president—who is eign Relations Committee, officials moved by the testimony of our vet- No. 4. Katie homeschools her children. from the executive branch as well as erans—veterans I have seen here in the She and I have talked about this, and former Attorney General Richard corridors who have lost legs during this is very much a concern in that Thornburgh stressed that current U.S. fights on behalf of the United States of community, that unelected foreign bu- law satisfies all obligations the United America. This is a serious issue and a reaucrats—not parents—would decide States would assume in joining the humanitarian, thoughtful way. And I what is in the best interests of the dis- convention. emphasize again and again, the United abled child even in the home. No less In order to underscore the impor- States joins with other countries, shar- than 40 organizations and tens of thou- tance of this point, the Foreign Rela- ing our experiences of how we can im- sands of parents who advocate children tions Committee specifically addressed prove treatment of the handicapped, and parental rights have written us, it in a declaration in the resolution of with no possible provision in the trea- and me, specifically opposing the trea- advice and consent. The declaration ty—and we have reserved this com- ty. formulated by the Foreign Relations pletely—that there could be any The Home Schooling Legal Defense Committee reads as follows: change in our laws. Fund writes: The Senate declares that, in view of the I thank the Chair and I yield the Article 7 of this treaty establishes the reservations to be included in the instru- floor. ‘‘best interests of the child’’ legal standard, ment of ratification, current United States Mr. KERRY. Mr. President, I reserve which would override the traditional funda- law fulfills or exceeds the obligations of the the remainder of our time. mental rights of parents to direct the edu- Convention for the United States of Amer- The ACTING PRESIDENT pro tem- cation and upbringing of their child with ica. pore. The Senator from Oklahoma. special needs. On a related point, the resolution of Mr. INHOFE. Mr. President, I want This could result in forcibly transfer- advice and consent also underscores to make sure people understand there ring a disabled child from the home to that the convention will not be self- are different thoughts on this conven- government-run schools if these executing in U.S. law. This means its tion. It seems as though most of the unelected, unaccountable bureaucrats provisions are not directly enforceable time when the U.N. conventions or deem it necessary, even if the Senate in U.S. courts and do not confer private treaties come up that I have been op- puts reservations into this treaty. rights of action enforceable in the posed to them, and my concern always I ask unanimous consent to have United States. has been that of sovereignty. I do op- printed in the RECORD two letters, one These provisions of the resolution of pose the United Nations Convention on from the HSLDA and one from the Con- advice and consent establish important the Rights of Persons with Disabilities cerned Women of America. parameters for U.S. accession to the because I think it does infringe upon There being no objection, the mate- convention. They give effect to the in- our sovereignty, establishing an rial was ordered to be printed in the tent of the Senate that joining the con- unelected United Nations bureaucratic RECORD, as follows: vention will not require any changes in body called the Committee on the CONCERNED WOMEN FOR AMERICA U.S. laws and policies with regard to Rights of Persons with Disabilities and LEGISLATIVE ACTION COMMITTEE, the disabled, either now or in the fu- a Conference of State Parties. These Washington, DC, July 16, 2012. ture, and will not provide a basis for unelected bureaucratic bodies would THE HONORABLE, lawsuits in U.S. courts. Such matters implement the treaty and pass so- U.S. Senate, will continue to be governed solely by called recommendations that would be Washington, DC. U.S. laws. forced upon the United Nations and the DEAR SENATOR, On behalf of Concerned It is my hope these provisions in the Women for America Legislative Action Com- United States if the United States is a mittee’s (CWALAC) over 500,000 members, I resolution of advice and consent will signatory. urge you to reject ratification of the United provide assurance to Members who We already have the 1980 act. We all Nations’ Convention on the Rights of Per- may be concerned that joining the con- remember that. We went through that sons with Disabilities (CRPD). vention could somehow confer new a few years ago. I was here at that CRPD is a feel-good attempt at limiting rights on disabled persons in particular time. It is considered to be the gold liberty for the United States abroad and at areas or that the convention can be standard for the disabled. We don’t home. This treaty will hurt parents and used to require the United States to need the United Nations bureaucrats caregivers of people with disabilities by sub- change its laws or policies with respect changing it in our country in the name jecting them to UN oversight, regulations, to the disabled. With these provisions, and control. In doing this, a judge or other of worldwide advocation. government official would be able to trump the United States can join the conven- While the Obama administration af- the parent’s wishes when it comes to edu- tion as an expression of our leadership firms that no changes to the Federal or cation of their child with disabilities. on disability rights without ceding any State law will be necessary if the While CWALAC is for protecting those of our ability to decide for ourselves CRPD is ratified, the CRPD can be with disabilities, Americans should be the how best to address those issues in our amended. The Senator from Indiana ones making laws for America. If improve- laws. talked about the fact that there are no ments are needed to the laws, that already The United States can play an impor- changes in this. But it can be amended are the leading examples of providing free- tant leadership role in helping coun- dom and justice for persons with disabilities, by the bureaucrats and, therefore, re- it needs to be done within America’s legisla- tries around the world identify ways to quire changes to U.S. law. ture. Like other United Nation treaties, this expand opportunities for the disabled. I Further, the ability of the Com- will open the door for infringing upon our urge my colleagues to join me in sup- mittee on the Rights of Persons with sovereignty by subjecting the United States porting United States accession to the Disabilities to investigate and rec- to foreign, anti-American biases.

VerDate Mar 15 2010 02:37 Dec 05, 2012 Jkt 029060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G04DE6.008 S04DEPT1 PWALKER on DSK7TPTVN1PROD with December 4, 2012 CONGRESSIONAL RECORD — SENATE S7367 Parents know what is in the best interest of America; Gary A. Marx, Executive Mr. INHOFE. But I would also say of their child, not the government or the Director, Faith and Freedom Coalition; that the bureaucrats who would be run- United Nations. Al Cardenas, Chairman, American Con- ning the program would have points of CWALAC will include a vote against this servative Union; J. Michael Smith, clarification where it is otherwise treaty on our scorecard for the 112th Con- President, Home School Legal Defense gress. Association; Janice Shaw Crouse, vague, and I think that could happen. Sincerely, Ph.D., Senior Fellow, Beverly LaHaye And the point I am making here is we PENNY YOUNG NANCE, Institute; Deryl Edwards, President, don’t need to do that when we have our Chief Executive Officer and President. Liberty Counsel Action; Dr. Jim own here. Garlow, Chairman, Renewing American I understand there is a difference of HSLDA, Leadership Action; Jeff Gayner, Chair- opinion on this, and there are a lot of ADVOCATES FOR HOMESCHOOLING, man, Americans for Sovereignty. emotions. I saw in this morning’s Roll November 20, 2012. Mandi Campbell, Legal Director, Liberty Call magazine all the people lined up Re Please Oppose the UN CRPD. Center for Law and Policy; Matt Smith, President, Catholic Advocate; here with the distinguished Senator HONORABLE SENATOR: We the below-signed Donna Rice Hughes, President, Enough from Massachusetts. It doesn’t say leaders from forty national organizations Is Enough; Barbara Samuells, Co- anything in the article, but it certainly represent millions of Americans. We respect- Founder, 912 Super Senior; C. Preston attacks the emotions of individuals. fully urge the United States Senate to reject Noell, III, President, Tradition, Fam- So I am not satisfied they would not ratification of the United Nations’ Conven- ily, Property, Inc.; Richard and Susan tion on the Rights of Persons with Disabil- interfere or through their clarifica- Falknor, Publishers, Blue Ridge ities (CRPD). tions could change the intent. And Forum; Lisa Miller, Founder, Tea We are troubled that article 7 of this trea- even if they don’t, we have taken care Party WDC; Seton Motley, President, ty, in establishing the ‘‘best interests of the of our problem here. Less Government; Colin A. Hanna, child’’ legal standard, would override the Mr. KERRY. Mr. President, it is im- President, Let Freedom Ring; David traditional fundamental right of parents to Stevens, MD, MA (Ethics); Chief Execu- portant in this kind of debate as we direct the education and upbringing of their tive Officer, Christian Medical Associa- make a judgment with the Senators child with special needs. tion; Ron Pearson, President, Council that we base our judgment on facts and We are troubled that such a reduction in for America; Dr. William Greene, on the reality. The Senator has sug- legal protection in cases of children with dis- Founder and President, gested he is opposed to this treaty be- abilities will create an atmosphere discrimi- RightMarch.com; Maureen Van Den cause an outside group could impose its natory against those children and their fami- Berg, Legislative Director, American lies. will on the United States of America. Association of Christian Schools; Em- What he has just acknowledged is they We are troubled that New Zealand’s Edu- mett McGroarty, Director, Preserve In- cation Act of 1989, which has been held to nocence Initiative; Andy Blom, Execu- can’t do that because it would require conform to the CRPD, allows the Secretary tive Director, American Principles in the advice and consent of the Senate. of Education to force any child with special Action; Mark Williamson, Founder and But, secondly, is the Senator aware needs into government-run schools ‘‘if the President, Federal Intercessors; Peter that Senator RISCH asked the Justice Secretary thinks [the student] would be bet- J. Thomas, Chairman, The Conserv- Department whether the Court inter- ter off.’’ This transfers the right to direct a ative Caucus; Teresa A. Citro, Chief preted the effect of a nonself-executing child’s education from fit and loving parents Executive Officer, Learning Disabil- to an officer of the State, in contravention of declaration—which is in this treaty? ities Worldwide, Inc.; Curt Levey, And the response is, the Court said: American tradition and the International President, The Committee for Justice; Declaration of Human Rights. Yet it accords The United States ratified the inter- William A. Estrada, Director, Genera- national covenant on civil and political with this treaty. tion Joshua. We are troubled that accession to this rights on the express understanding treaty, despite assurances to the contrary, Mr. INHOFE. Mr. President, I have that it was not self-executing. And so been a consistent advocate for human will lead to legal action against private indi- it did not create obligations enforce- rights around the world and support viduals, as seen in the 2011 case of Bond v. able in the Federal courts. United States. In this case, a woman was ensuring that the world is accessible to So the Supreme Court of the United found guilty of violating the Chemical Weap- those with disabilities. However, I do States has held that the very standard ons Convention Implementation Act, a fed- not support the cumbersome regula- eral law over a matter formerly of state ju- being applied in this treaty, that it is tions and potentially overzealous inter- not self-executing, means nobody has risdiction, which was adopted as a direct re- national organizations with anti-Amer- access to any court. There is no en- sult of the eponymous treaty. ican biases that infringe upon Amer- We are troubled that accession to this forceable right against anybody in treaty would place our nation under the ican sovereignty. If we had not passed what I consider America created in this treaty. scrutiny and review of an international com- Mr. INHOFE. To answer the Senator, to be the gold standard for the dis- mittee unelected by the American people, I am not aware of the specific Risch re- abled—and I do remember at that time thus violating the vital principle of Amer- quest and what kind of response it ican self-government. the activity of the Senator from Mas- sachusetts very strongly supporting it. drew. For these and other reasons, we urge you: I would only say this: It is important please vote against any effort to ratify the But we have done our job. Other na- to understand that while the distin- CRPD. tions maybe haven’t, but in our case I Sincerely, think we are looked upon by the out- guished Senator from Massachusetts Michael P. Farris President, side as doing the responsible thing and I differ on most of these treaties— ParentalRights.org; Phyllis Schlafly, within our Nation: taking care of our we had the same disagreement on the Founder and President, Eag1e Forum; own disabled. Law of the Sea treaty. The question is, Dr. Richard Land, President, Ethics & in my opinion, our sovereignty. I be- Religious Liberty Commission, South- Mr. KERRY. Would the Senator yield for a question? lieve this infringes upon our sov- ern Baptist Convention; Morton ereignty. Blackwell, Chairman, The Weyrich Mr. INHOFE. I would be glad to re- Lunch; Tom McCluslry, Senior Vice spond to a question. With that, I yield the floor. President, Family Research Council Mr. KERRY. The Senator has raised Mr. KERRY. Mr. President, I yield 5 Action; Tom Minnery, Executive Direc- the specter of somehow there would be minutes to the Senator from Illinois. tor, CitizenLink; Penny Young Nance, a change in this treaty at some point Mr. DURBIN. Mr. President, let me President and Chief Executive Officer, that might affect America. Is the Sen- thank Senator KERRY, Senator Concerned Women for America; Matt ator not aware that any change to a MCCAIN, Senator LUGAR, and so many Staver, Founder and Chairman, Lib- treaty, in order to go into effect and others who have brought this matter to erty Counsel; Erick Erickson, Editor, have any impact on the United States, the floor. RedState.com; Mike Needham, Chief It was 22 years ago when an historic Executive Officer, Heritage Action for would require the advice and consent of the United States Senate? event took place on the floor of this America; Austin Ruse, President, Senate which changed the United Catholic Family and Human Rights In- Mr. INHOFE. Yes, I do understand stitute (C-FAM); William J. Murray, that. States of America. It was 22 years ago Chairman, Religious Freedom Coali- Mr. KERRY. Without the advice and when we passed the Americans with tion; Jim Backlin, Vice President for consent of the Senate, no change could Disabilities Act, and we said a dis- Legislative Affairs, Christian Coalition possibly impact the United States. ability should not disqualify you or

VerDate Mar 15 2010 02:37 Dec 05, 2012 Jkt 029060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\A04DE6.001 S04DEPT1 PWALKER on DSK7TPTVN1PROD with S7368 CONGRESSIONAL RECORD — SENATE December 4, 2012 limit you in terms of your opportunity Congress and the President. This trea- I yield the floor. as an American. ty, this convention, will not force that Mr. KERRY. I reserve the remainder Some people thought: This is obvi- change. of my time. ous, everyone knows. But what was We meet all of the standards that are The ACTING PRESIDENT pro tem- also obvious was there was discrimina- established in this convention when it pore. The Senator from Utah. tion taking place all across this great comes to disabilities, and President Mr. LEE. Mr. President, I rise today land. We removed that barrier to dis- George Herbert Walker Bush, a Repub- to speak in opposition to the ratifica- crimination. And in passing the Ameri- lican, when he negotiated and crafted tion of the United Nations Convention cans with Disabilities Act, we stepped this treaty, said as much. Of course on the Rights of Persons with Disabil- forward as a Nation. there are those who still question it. ities. I understand it is a sensitive Was there fear and concern? Of But, remember, every time we have topic, one about which many of my course. I can recall going to Green opened this door of opportunity in constituents on both sides of the issue County in rural Illinois and walking in America, every time we have expanded have strong feelings. Carrollton into City Hall, and they this definition of democracy to include Certainly most of us, if not all of us, said: Does this mean we have to build another group that was being at least have a family member or friend with a a new restroom for the disabled? The partially if not fully excluded, there disability, and all of us live in a society answer was, Yes, and curb cuts, and have always been voices of concern and that includes the disabled as highly other changes that seem so superficial worry. valued members of our communities. to many but mean literally whether a There have been voices of those who I have heard from advocacy groups disabled person can be part of America. have said maybe we are not ready for consisting of people who hope and be- What we did 22 years ago, though, that much change. They would say: Oh, lieve that this treaty will protect dis- wasn’t novel. Because if you look at I am not opposed to people of color, but abled Americans as they travel abroad the course of American history, I think if you force every hotel and restaurant and as they go about their lives. But I we have distinguished ourselves and across America in interstate commerce have also heard from parents of dis- successive generations by expanding to open their doors, that may be going abled children who are concerned that the reach of freedom and opportunity. to far. We have always heard those this treaty, in adherence to the ‘‘best Think about how many times we have voices and, after listening patiently, interests of the child’’ standard in arti- done that. we have ignored them and moved for- cle 7, will threaten their rights as a If you go back to the earliest days of ward with the new definition of free- parent to determine the best edu- this great Nation when older white dom in this country, a new definition cation, treatment, and care for their men sat together and decided who of opportunity, and that is what this disabled children. Proponents of this would rule America, they weren’t does. treaty will dismiss those concerns as thinking about those of color; they As we come together on the floor of myth, but I simply cannot support a the Senate, as we gather to discuss this weren’t thinking about women; they treaty that threatens the right of par- historic treaty and what it means to us weren’t thinking about the disabled; ents to raise their children with the and our future, there is a reception they sure weren’t thinking about those constant looming threat of State inter- taking place across the street. It is a who weren’t property owners. No. It ference. reception for people with disabilities, was a pretty elite group that would If this vote and this treaty were in and they are honoring one of our own: form our democracy. And then succes- fact about protecting the rights of a man who served this country and this sive generations of Americans decided Americans with disabilities, then I Senate in an exceptional way. His that if democracy meant anything, if might have a different position and the name is Bob Dole, of Russell, KS, who America meant anything, we needed to debate today would take on a very dif- served in World War II, was severely ferent tone. But this treaty is ulti- expand that reach of opportunity each disabled, came home uncertain of his mately not about protecting the rights generation. future but dedicated his life to public The bloodiest experience of course of Americans with disabilities because service. was in the Civil War, when 600,000 I don’t know how many weeks or this treaty simply has no enforcement Americans were killed in the course of months or years are left in Bob Dole’s mechanism to protect those rights, the a war that went on for years and could life, but he has made the passage of rights of disabled Americans, including have divided us once and for all as a this convention on disabilities his life’s veterans, who might travel to coun- Nation. But it didn’t. With the leader- work of the moment. We owe it to Bob tries such as China or Russia or Mali or ship of Abraham Lincoln and the inspi- Dole and to all of the disabled veterans any other country that might choose ration of so many others and the blood, like him who stand with locked arms, to adopt this treaty. sweat, tears, and lives of the victims, begging us to pass this convention—we If the Senate desires to protect the we saved this Republic. We ended slav- owe it to the disabled people across rights of disabled Americans who trav- ery. We created an opportunity, which America and around the world to stand el abroad, then this Senate would do still took us years and years to become once again for the rights of the dis- better to encourage other nations to a reality—a reality we are still work- abled and for expanding opportunity, model their own reforms, their own in- ing for today. not just in America but across the ternal legal structures after the Ameri- So now comes this treaty to the world. cans with Disabilities Act which, 20 floor, and this treaty says to the world: People say we are an exceptional na- years after its passage, still sends a What we did 22 years ago as a Nation is tion. There is a little bit of egotism in message that disabled Americans will something we are proud to stand be- that statement, but I believe it is fac- always have fair access to housing, em- hind. It is basically an ideal that we tual that America is an exceptional na- ployment, and education in this Na- have created an America that we want tion when it steps forward in the belief tion. to export to the world. As we reflect on that freedom and liberty and oppor- I have mentioned a few things the this debate—and you have heard some tunity should be for everyone within treaty does not do. Now I would like to of those who oppose it—it is inter- our country and around the world. mention a few things the treaty does esting the approach they are taking. Today is our chance. Let no argu- do that causes me some concern. First, They are fearful of change. They are ment over some minor political issue article 34 establishes a committee, a fearful of what the expansion of oppor- stop us from focusing on the reality committee on the rights of persons tunity for the disabled might mean to that what we are doing is historic, not with disabilities. This committee will America. just for America but for the world. We establish its own rules of procedure, Senator KERRY has made the point owe it not just to Bob Dole, we owe it and parties to the treaty are required very clearly: This convention, this to the disabled veterans and the dis- to submit reports to the committee treaty, will not require the United abled community to stand and say to every 4 years. States to change any law. And if any the world: Join us, join us in expanding In general, U.N. human rights treaty changes are to be made in the future, the reach of opportunity to those who committees have made demands of they will be made with the workings of have been left behind. state parties that fall well outside of

VerDate Mar 15 2010 00:58 Dec 05, 2012 Jkt 029060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G04DE6.010 S04DEPT1 PWALKER on DSK7TPTVN1PROD with December 4, 2012 CONGRESSIONAL RECORD — SENATE S7369 the legal, social, economic, and cul- that have no access to the courts, that dispositive. Nonself-executing declara- tural traditions and norms of state par- have no effect on the law of the United tion is dispositive. The Court noted ties. Sometimes their recommenda- States and cannot change the law of that the United States ratified a prior tions also fall far afield from the stated the United States—when has that ever thing then—and said, ‘‘it does not cre- topics of concern within the individual threatened anybody in our country? ate obligations enforceable in Federal treaties. For example, the U.N. Con- Mr. LEE. Whatever the United States courts.’’ vention on the Elimination of Dis- ratifies—— So there is no obligation created. The crimination Against Women, or Mr. KERRY. Does the Senator agree Senator then said: Why would we do CEDAW, as it is sometimes known, in- that there is no power to change our this? Because we are the gold standard, cluded a recommendation that China law? and every other country is encour- decriminalize prostitution. Mr. LEE. No. I do not agree with aged—encouraged; we cannot require The U.N. Committee on Racial Dis- that. them, but they are encouraged—to crimination went to great lengths to Mr. KERRY. Can the Senator show raise their standard to U.S. standards. scold the United States on its deten- where it is specifically when the Su- Why would the Senator resist? I tion policy at Guantanamo Bay. These preme Court has held this is not self- know the Senator and many of his col- recommendations often fall well be- executing, there is no access to Amer- leagues argue we want other countries yond or are even in direct conflict with ican courts; when it is clear by the to be more like America. This is a trea- the treaty’s goals. statements of the treaty itself there is ty that, in fact, embraces that notion Article 7 of this treaty provides a no law of the United States that is that they must be more like America. ‘‘best interests of the child’’ standard changed? When Attorney General Why would the Senator not embrace stating: Thornburgh, who helped to negotiate that? Mr. LEE. If my distinguished col- In all actions concerning children with dis- this treaty on behalf of President abilities, the best interests of the child shall George Bush, says there is no change in league and friend, the senior Senator be a primary consideration. law, what is it that the Senator sud- from Massachusetts is correct, that We all want to support the best inter- denly has that suggests otherwise that this would have no impact on our law, ests of the child, every child. But I and has any basis in fact? if in fact it does nothing, then why many of my constituents, including Mr. LEE. First of all, whenever we would we make it part of the U.S. law? those who homeschool their children or ratify a treaty it becomes the law of Why would we make it part of the law send their children to private or reli- the land under article VI of the U.S. by ratifying it and making it the law of the land under article VI of the Con- gious schools, have doubts that a for- Constitution. Secondly, whenever a stitution? eign, U.N. body, a committee operating body of law, whether embodied in U.N. convention or otherwise, becomes part Mr. KERRY. I would say to the Sen- out of Geneva, Switzerland, should de- ator, for a number of reasons: That al- cide what is in the interests of the of the corpus of customary inter- national law, that often makes its way lows the United States to sit at the child at home with his or her parents table and actually advocate on behalf in Utah or in any other State in our into U.S. judicial opinions. Is it direct? No. Does it directly undo any statute? of our veterans, disabled veterans, who great Union. travel abroad. No. But that doesn’t mean it has no ef- Article 4 of this treaty obligates the Mr. LEE. What table is it at which fect. If it had no effect we would not be United States to recognize economic, we have no seat because we have not social, and cultural entitlements as here debating it today. It is the type of ratified this treaty? What is it that we rights under domestic U.S. law. The effect we worry about. cannot do by having the most aggres- The Senator and I see things dif- Senate, in my opinion, has not ade- sive laws, the most robust laws pro- ferently as far as what type of effect it quately investigated how this standard tecting Americans with disabilities will affect domestic U.S. Federal and might have. But that is not to say it that we somehow achieve simply be- State law. We have had one hearing on has no effect. We should not be ratify- cause we ratify this? If, in fact, that this issue that included both pro- ing a treaty that we think might offset does nothing more than embrace that ponents and opponents of the treaty U.S. law as it exists now. We believe set of laws that we have actually but did not substantively address my this could have that impact. Exactly passed, and if, in fact, as my friend concerns about this standard, about where that is going to come up, I can- says, this does nothing, then why do we this significant addition to what would not prove to the Senator where that is ratify it? become the law of the land of the going to happen. But it does have some Mr. KERRY. No, let me make clear United States of America. impact, and when we ratify a treaty we to the Senator, I have not said it does For these and other reasons I must make it the law of the land. nothing. I have said it does not require oppose the U.N. Convention on the Mr. KERRY. Mr. President, I ask the a change in American law. I have said Rights of Persons with Disabilities, Senator further, I know he is a good that it does not obligate the United and I encourage my colleagues to do student of law, practitioner of law. I States to a new set of standards or any- the same. believe he understands that a treaty thing different from what we do today. Mr. KERRY. Will the Senator yield does not become customary inter- I have said it does not allow anybody for a question? national law just because the United access to the Federal courts. That is The ACTING PRESIDENT pro tem- States or another country ratifies it. different from saying it doesn’t do any- pore. The Senator from Massachusetts. The Senator is aware of that, I assume? thing. If it didn’t do anything, I would Mr. KERRY. Mr. President, I listened Mr. LEE. Yes, of course. It doesn’t not be here either. Nor would George carefully to the Senator, and I under- become the law of the land just because Bush have signed this. Nor would stand there are colleagues on the other it is in the treaty. But it often does. Its George Herbert Walker Bush have side of the aisle who have concerns entry into customary international law begun the negotiations. about the United Nations, and I respect can become facilitated by the U.S. rati- This is not a Democrat-inspired trea- that. We have had these fights before, fication of it. ty. This is a universally accepted set of but I am having difficulty finding Mr. KERRY. Again, the Senator has principles about how we would like to where the threat that the Senator has acknowledged that it does not become see people in the rest of the world treat described gains any reality. customary law; as a consequence, it people with disabilities. Specifically, with respect to children, has to somehow change. Within this— There is more to be said about that, the Senator mentioned the question of the Senator will agree that because the and there is more to be said. I want my a committee being created, and some- treaty adopts, in the body of the trea- colleagues to speak about why we are times committees make recommenda- ty, the statement that this is not self- here. tions outside of the purview of some- executing and the Supreme Court has Let me recognize, if I can, the Sen- thing. That may be true. But when held that a nonexecuting treaty—let ator from Arizona?—no, I will hold off have words, I ask the Senator—when me just reference the specific case— on that, if I may. have words or suggestions that have no Sosa v. Alvarez-Machain, 542 U.S. 692, a Let me recognize the Senator from power, that cannot be implemented, 2004 case—the Supreme Court said it is New Mexico for 5 minutes.

VerDate Mar 15 2010 00:58 Dec 05, 2012 Jkt 029060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G04DE6.011 S04DEPT1 PWALKER on DSK7TPTVN1PROD with S7370 CONGRESSIONAL RECORD — SENATE December 4, 2012 The PRESIDING OFFICER (Mr. compliance with the convention. Laws Let me briefly add 2 minutes to the MANCHIN). The Senator from New Mex- such as the Civil Rights Act, Title IX, chorus on this floor today. First, as to ico is recognized. the Family and Medical Leave Act the Senators who have spoken point- The PRESIDING OFFICER. The Sen- strengthen the U.S. position in the edly about their fears and their con- ator from New Mexico. convention, and our leadership could cerns about home schooling. I listened Mr. UDALL of New Mexico. Mr. lead to other countries adopting simi- to their arguments while I was the Pre- President, I thank Senator KERRY for lar protections for disabled women. siding Officer. Senator INHOFE of Okla- the recognition. I appreciate it. I have Most importantly, I am reminded of homa spoke passionately about his been an earlier supporter of the ratifi- the veterans who have returned from youngest daughter who homeschools cation of this important treaty. I am the wars in Iraq and Afghanistan. her kids and about their fears that pleased to have worked with Senators These brave veterans have served in all somehow this convention would hand DURBIN, MCCAIN, HARKIN, COONS, and the places we have asked them to go. the power to an unelected group of bu- BARRASSO. In particular, I want to They have advanced the interests and reaucrats to direct the schooling of thank the chairman and ranking mem- ideals of the United States. We owe children in Oklahoma. ber on the Foreign Relations Com- them a debt for their service. Many of I heard Senator LEE of Utah add a mittee. I thank all of these fine Sen- them have returned with severe question to that negative chorus. He ators for their bipartisan work on this wounds, some requiring a lifetime of said, I have justifiable doubts that a bill. care. U.N. committee in Geneva can judge We still have work to do to improve I wish to read a statement from one the best interests of children in Utah. our treatment and acceptance of dis- of the veterans who appeared in front I agree. This convention does nothing abled persons. But through the Ameri- of the Foreign Relations Committee. to empower an international conven- cans with Disabilities Act, the United John Lancaster is a disabled attorney tion of bureaucrats to direct the States has been at the forefront of pro- and marine veteran. This is what he schooling of children in Delaware, West tecting the dignity of people with dis- said: Virginia, Indiana, or in Massachusetts. abilities. This treaty will help expand In 1968, I arrived in Vietnam during the Tet I am, frankly, upset that they have American values and leadership Offensive, assigned to the 1st Battalion, 27th succeeded in scaring the parents who throughout the world. It is a vital step Marines as an Infantry Platoon Commander. homeschool their children all over this forward in respecting the rights of the Five months later, I was shot and injured in country. My own office has gotten doz- disabled. a firefight. After months of rehabilitation, I ens of calls and letters demanding that As a member of the Foreign Rela- arrived back home in Western New York a I vote against this convention. As a disabled veteran. Although my friends and tions Committee, I am aware of the family welcomed me home, society did not matter of international law and as a challenges many countries face. These receive me quite as well. While there was matter of U.S. law, this convention challenges include supporting their dis- certainly tension around the politics of the does nothing to change the home abled citizens. Our Nation has set the Vietnam war, it was the inaccessibility of schooling of children in America; rath- standard for improving access to build- my environment that made me feel the least er, it does something positive. ings, technology, and other areas for welcome. I returned to a country not ready The Americans with Disabilities Act, the disabled. Without the United to receive me as a man who now used a which was led so brilliantly in its rati- States accepting its leadership role, it wheelchair. fication by Senator TOM HARKIN and is possible that different standards That was the reality that an honored Senator Robert Dole, who was a cen- could be adopted internationally. As soldier had to overcome until the tral architect in the passage in this for one example, this would place dis- United States improved its laws to pro- Chamber, stands as a great accomplish- abled travelers at a disadvantage. They tect the disabled, and it is still a re- ment in this country in our steady would be forced to deal with different ality in many places overseas, places progress toward freedom and inclusion. standards while traveling overseas. where our veterans and other disabled This convention, ratified by this Sen- In many countries there has been in- citizens will likely travel in the future ate, would allow our voice to be heard significant investment in infrastruc- for either business or pleasure. We in an international forum all over the ture to improve access for the disabled, must ratify this treaty because pro- world. A billion citizens of this world and in many cases there is a misunder- tecting the rights of the disabled is the live with disabilities every day, and standing about what rights disabled right thing to do in the United States our voice deserves to be heard. persons should be afforded. Ratifying of America, and it is the right thing to When we open the Senate every day, this treaty will help the United States do throughout the world. we say the Pledge of Allegiance. At the clarify to the world that people with Again, I thank Senator KERRY and end of it, we hold up to the world our disabilities have dignity and that they Senator LUGAR for their hard work on standards: Liberty and justice for all. are capable of living full and meaning- this treaty. We look forward to our col- In this country, the Americans with ful lives. leagues voting for it in a short hour Disabilities Act says we have accom- For instance, article 6 of the Conven- from now. plished real progress toward liberty for tion on the Rights of Persons with Dis- I yield the floor. the disabled and justice for all. By rati- abilities addresses the issue of women Mr. KERRY. How much time re- fying this convention, our voice would with disabilities. The article provides mains? be heard on these vital issues all over that: The PRESIDING OFFICER. Twenty- the world. It is a voice that deserves to seven minutes still remains. State Parties shall take all appropriate be heard. I urge my colleagues to ratify measures to ensure the full development, ad- Mr. KERRY. How much on the oppo- the convention. vancement, and empowerment of women for nent’s side? With that, I yield the floor. the purpose of guaranteeing them the exer- The PRESIDING OFFICER. About Mr. KERRY. Mr. President, how cise and enjoyment of the human rights and the same. much time do we have? fundamental freedoms set out in the present Mr. KERRY. Mr. President, I yield 4 The PRESIDING OFFICER. Almost Convention. minutes to the Senator from Delaware, 24 minutes. Many countries are falling short in Mr. COONS. Mr. KERRY. Mr. President, I yield 5 protecting the rights of women. It is The PRESIDING OFFICER. The Sen- minutes to the Senator from Iowa. tragic that so many women are subject ator from Delaware. The PRESIDING OFFICER. The Sen- to human rights abuses in a number of Mr. COONS. Mr. President, I also ator from Iowa. countries. Secretary of State Clinton thank Senator KERRY for his chairman- Mr. HARKIN. Mr. President, first I has made empowering women an im- ship on the Foreign Relations Com- thank Senator KERRY, Senator LUGAR, portant part of our diplomatic prior- mittee and his leadership on this very and Senator MCCAIN for their great ities, and I support her efforts. important issue. I thank Senator leadership and their dogged persistence Fortunately for the United States, LUGAR as well. Both Senators, in com- in making sure we can get this treaty we do not need to implement addi- bination, led strongly on this impor- through the committee and to the tional legislation in order to be in full tant issue. floor. It has been inspirational to

VerDate Mar 15 2010 00:58 Dec 05, 2012 Jkt 029060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G04DE6.012 S04DEPT1 PWALKER on DSK7TPTVN1PROD with December 4, 2012 CONGRESSIONAL RECORD — SENATE S7371 watch them work together in a bipar- There are 300 disability organizations try-specific human-rights condemna- tisan fashion to bring us to this point. that asked us to support this ratifica- tions are against Israel. I hope we don’t lose that in terms of tion. I think we should listen to them More worrisome, convention commit- the vote. and get their advice. Think about what tees—such as the Committee on the I just came over from the Dirksen the disabilities community here in Elimination of Racial Discrimination building where we had a wonderful America could do with that seat at the and the Convention on the Elimination ceremony honoring former Senator Bob table and how we can work with other of All forms of Discrimination Against Dole. Some time ago I went back and I countries to help them upgrade their Women—have a track record of over- read Senator Dole’s maiden speech on laws. I have a hard time understanding stepping their authority and advo- the Senate floor, dated April 14, 1969. why people would be driven by un- cating positions contrary to American Mr. President, I commend these re- founded fears to vote against this with laws and values. marks to my colleagues. all of the evidence from 22 years of the In the past, these committees have Senator Dole spoke of the future of Americans with Disabilities Act, in- supported giving voting rights to fel- people with disabilities in America and cluding the hearings held by Senator ons, the decriminalization of prostitu- what we need to do to change our soci- KERRY and Senator LUGAR which tion, gender quotas, and increased ac- ety. That was in 1969. It was 21 years brought out all the information and cess to abortion. later when we passed the Americans pointed out that not one of our laws Overly broad language included in with Disabilities Act. The country has has to be changed at all. In the face of this treaty would likely allow the U.N. changed so much for the better because all of that evidence, someone will vote to meddle in many of our domestic of that. on the basis of an unfounded fear. matters. International bureaucrats We are sitting here now with a con- I remember when we passed the working with the U.N. should not be vention by the U.N. which basically Americans with Disabilities Act in able to influence how the United States says to the rest of the world: You have 1990. It took a long time. There were a creates and implements laws for the to do what America did. In establishing lot of fears out there. There were fears disabled, especially when members this convention, the U.N. was informed of: Oh, my gosh, we are going to have come from countries with lower human by the Americans with Disabilities to do this and that. Buses have to have rights standards than our own. Act, and a lot of it is based upon what The purpose of any treaty should be we did here. lifts on them, and we have to build As the committee showed, not one of those curb cuts. What, kids with dis- to advance specific security or eco- our laws or anything has to be abilities get to go to school? nomic interests that make us a strong- changed. Not one. We are the best in They were unfounded fears. We be- er and safer nation. This treaty does the world at this. Yet what this con- came a stronger and better society be- neither. vention gives us is a seat at the table. cause of it. This treaty will make us a Last week on the floor, Leader REID When other countries have signed on to better world in which to live for all argued that we must ratify this treaty the treaty, it gives us a seat at the people and not just those who have dis- to ‘‘take the high ground’’ on these table to be able to work with other abilities. issues with the rest of the world. But countries and to help them upgrade I urge all of my colleagues, don’t give the United States does not have to join their laws so that people with disabil- in to unfounded fears. Take the good a U.N. convention or any other organi- ities have more opportunities in other advice of Senator Bob Dole, President zation to give ourselves legitimacy and countries. Why would we deny our- Bush, former Congressman Steve Bart- moral authority in the world. selves a seat at the table when we have lett, JOHN MCCAIN, JOHN KERRY, and For decades, the United States has been a leader in this effort for so long? DICK LUGAR, people who have been in been the global leader and champion I listened to the speeches by both the trenches on this, and take the ad- for persons with disabilities. We must Senator INHOFE from Oklahoma and vice of the disability community here continue to work hard to improve the Senator LEE from Utah. These are un- and abroad. If you will do that, we will lives of disabled citizens in our coun- founded fears. I repeat, there is nothing win a resounding victory today. try. Encouraging respect for disabled in there that is going to allow anyone Thank you, Mr. President. persons is important and the goals of from the United Nations to take a Mr. DEMINT. Mr. President, I rise this convention are admirable. child away from a family or tell a fam- today to speak about the United Na- This convention will do nothing to ily they cannot homeschool a kid or tions Convention on the Rights of Per- improve the rights of Americans in the anything such as that. There is nothing sons with Disabilities. United States. We have little evidence in there. These are totally unfounded As a member of the Foreign Rela- to suggest that joining this convention fears. We should not be driven by un- tions Committee, I have participated and its committee will ensure that founded fears. We should be driven by in the hearings and debates on this other countries improve their protec- what we know of our experience, what treaty, and I understand the aspira- tion of disabled people. Of the 126 mem- we have done, what the wording of the tions of the groups who support it. But ber countries, this convention’s com- convention is, and the fact that none of I have serious concerns about reaching mittee has only issued recommenda- our laws has to be changed because of those goals through a legally binding tions to a handful. it. United Nations treaty. Portions of this convention also con- The Senator from Utah made the Other U.N. organizations have failed cern reproductive health, the rights of point that we all know people with dis- to achieve their stated purposes and families, and the use of the treaty in abilities. We have family members or actively work against the interests of our courts. friends, and we value them. We truly the United States. Attempts were made in the com- do value people with disabilities in our Not even a week ago, the United Na- mittee to clarify some of these sections society. Well, if we truly value them, tions General Assembly voted over- and protect American sovereignty, but why don’t we listen to them? whelmingly to upgrade the Palestinian those attempts were defeated. There are over 300 disability rights Authority to ‘‘non-member observer These issues should be addressed by groups that support this. Not one said state’’ over the objections of the individual U.S. States and local gov- they won’t support it. So if we value United States and Israel. This is a ernments, not an international bu- them, why don’t we listen to them? Do breach of the Oslo accords and will reaucracy where Americans have no we want to keep patronizing people hurt the Middle East peace process. elected representation. with disabilities and say, you are all Secretary Clinton called it ‘‘unfortu- We should never cede the authority right, but we won’t listen to you be- nate and counterproductive.’’ of these matters to an international or- cause we know what is best for you? The U.N. Human Rights Council in- ganization. President Washington’s We don’t know what is best for people cludes notable human rights violators warning in his farewell address bears with disabilities. We know who knows such as Cuba, China, and Russia. These repeating here. He said: what is best for people with disabil- countries have made little progress im- The great rule of conduct for us, in regard ities: It is people with disabilities. proving the rights of their citizens, and to foreign nations, is, in extending our com- They all said this is important. nearly 40 percent of the council’s coun- mercial relations, to have with them as little

VerDate Mar 15 2010 00:58 Dec 05, 2012 Jkt 029060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G04DE6.014 S04DEPT1 PWALKER on DSK7TPTVN1PROD with S7372 CONGRESSIONAL RECORD — SENATE December 4, 2012 political connection as possible. So far as we to monitor the implementation of the disabilities. Therefore, I stand in oppo- have already formed engagements, let them convention and provide conclusions sition of its ratification today. be fulfilled with perfect good faith. Here let and recommendations with regard to The treaty’s supporters have argued us stop. State Party’s treaty reports. I have se- that its passage will elevate disability His words serve as a compelling argu- rious concerns about the infringement rights abroad, to the benefit of disabled ment against this treaty today. upon U.S. sovereignty by a committee people not fortunate enough to live We should be wary of international tasked with providing criticisms and under laws like ours and also to dis- alliances and only work within them recommendations for the United States abled Americans when they travel. when they will strengthen America or on our disability laws. However, the United States already make her safer. Further, the convention raises addi- promotes disabled rights and better I encourage my colleagues to reject tional concerns by unnecessarily in- laws abroad through the State Depart- this treaty and address this important cluding references in the area of ‘‘sex- ment and our foreign embassies. The issue in a format that does not endan- ual and reproductive health’’ and the Americans With Disabilities Act, and ger the sovereignty of the United ‘‘best interests of the child.’’ These subsequent improvements to it, should States. provisions call into question the pur- be the law upon which other countries Mr. GRASSLEY. Mr. President, the pose of the convention regarding abor- base their own laws protecting their U.N. Convention on the Rights of Per- tion rights and the fundamental rights disabled people and aiming to make sons with Disabilities has the admi- of parents to determine how best to their lives better. I believe America’s example should rable goal of advancing the interests raise their children. and rights of the disabled across the It is for these reasons, along with the lead the way on achieving stronger uni- world. However, I have great concerns decision of the majority leader to shut versal disability rights than the United about acceding to this convention. I out the rights of Senators by prohib- Nations, the governing body entrusted am also disappointed that the Senate iting the consideration of any amend- to oversee this treaty’s implementa- will dedicate just 2 hours of debate to ments, that I oppose this convention. tion. The American example of mil- consider this convention, without the Mr. RUBIO. Mr. President, my late lions of disabled Americans living their ability for any Senators to offer or con- grandfather was one of the most influ- dreams is a stronger force to compel sider worthy amendments. ential people in my life. Until his death other countries to do the same than a U.S. leadership in advancing and when I was 13, ‘‘Papa´ ’’ was a mentor United Nations body populated by such safeguarding the rights of the disabled who spent countless hours on our front chronic human rights abusers as China is unmatched. The United States is the porch with me discussing history, poli- and Russia, nations that fail to respect the fundamental rights of everyone, leader on disability issues. It’s for this tics and baseball. As a Cuban immi- much less their disabled. reason that the convention is modeled grant, he knew how special America is, When this treaty was originally ne- on the disability rights laws of the and it is one lesson from him that I United States. However, I have serious gotiated, a bipartisan consensus ex- will never forget. isted that this treaty would not ad- doubts that simply joining the conven- Papa´ was also my hero for the way he dress abortion. This is an appropriate tion will lead to greater U.S. influence lived his life. Stricken by polio as a position when you consider that, too in promoting disability rights abroad. boy, he would be disabled for the rest often, unborn children in the United The ability of the United States to lead of his life. He would often walk miles States and across the world are aborted on this issue is not and should not be to work at a cigar factory to provide because their disabilities have been de- dependent upon joining this conven- for his family. Because of his dis- tected while in the womb. When the tion. We can lead on disability rights ability, walking was difficult for him Senate Foreign Relations Committee abroad because we lead on disability and he would often return home at debated this issue in July, I offered an rights at home. night with his clothes dirty from re- amendment to make clear this Conven- Joining this convention will have no peatedly falling to the ground. But he tion does not create, endorse or pro- impact on the disability rights of kept getting up, and lived a life that I mote abortion rights as reproductive Americans in this country. Americans admire and will never forget. Because health. I made clear its intent was not with disabilities are already afforded of him, I knew from a very early age to change U.S. domestic laws on this the rights contained with the treaty. the inherent dignity and beauty evi- matter. All my proposed change did Many Federal and State laws protect dent in every disabled human being on was state very clearly that, at the end the rights of the disabled, including the earth, whether they were born with of the day, this Convention on the Americans with Disabilities Act. Even their disability or developed it in the Rights of Persons with Disabilities is proponents of the convention acknowl- course of their lives. about protecting persons with disabil- edge that it will not enhance the rights The landmark Americans With Dis- ities, regardless of their stage in life. of individuals with disabilities in abilities Act, enshrined into law many Because this important change was not America. fundamental rights to help disabled adopted and for all the reasons I have We have made great strides in dis- people live life. As Americans, it outlined here, I cannot support Senate ability policy in America. Laws which should make us all proud because it is ratification of this treaty. I authored, such as the Family Oppor- one reason the United States has set Mr. LEAHY. Mr. President. The Sen- tunity Act and Money Follows the Per- the gold standard in the world for dis- ate today is considering the ratifica- son, not only gave the disabled health ability rights. It has demonstrated to tion of an important treaty that will care coverage but gave them real self- everyone else one more dimension of further strengthen the United States’ determination in that health care cov- our exceptional people, ensuring that longstanding role as a beacon of human erage. In the future, I will continue to our disabled brothers and sisters have rights around the world. I support rati- work to protect coverage of the dis- better opportunities to rise above their fication of the United Nations Conven- abled during difficult budgetary times physical limitations to stake their tion on the Rights of Persons with Dis- and work to find solutions for the dis- claim on the American Dream. abilities, CRPD, and hope that this abled that allow for coordination of As the Senate considers the Conven- treaty, which enjoys bipartisan sup- support services across all an individ- tion on the Rights of Persons with Dis- port, will be approved by the Senate ual’s needs. While I respect the con- abilities today, it is important to note today. cerns and goals of supporters of this that a failure to approve it would in no I have long been a strong supporter treaty, we should not let this take the way diminish what we have accom- of the Americans with Disabilities Act, place of focusing on problems and solu- plished in America on disability rights, ADA, which has served to protect the tions here in America. just as its passage would not improve rights of disabled U.S. citizens for more However, becoming a party to the the laws affecting Americans with dis- than 2 decades. The CRPD is a natural convention would subject the United abilities. Furthermore, nothing on this extension of many of the core prin- States to the eighteen-member Com- treaty compels other nations to raise ciples guided by the Americans with mittee on the Rights of Persons with their standards or in any way improve Disabilities Act. I believe that any per- Disabilities. This committee is created the care they afford to persons with son living with a disability, regardless

VerDate Mar 15 2010 02:32 Dec 05, 2012 Jkt 029060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G04DE6.026 S04DEPT1 PWALKER on DSK7TPTVN1PROD with December 4, 2012 CONGRESSIONAL RECORD — SENATE S7373 of where they were born or where they sure those born with disabilities, or be brought to the floor during the reside, should be protected from dis- those who suffer life changing disabil- lameduck session. crimination and unfair treatment. ities, are individuals with dignity. Fur- A treaty is a powerful document, President Obama signed the Conven- thermore, that those individuals enjoy equal to or above statutory law. His- tion on the Rights of Persons with Dis- the same rights and opportunities all torically, treaties are to regulate the abilities in 2009, and earlier this year, Americans are guaranteed under the relationship between sovereign na- he submitted the treaty to the Senate Constitution. Unfortunately, this is tions. They do things like settle border for ratification. The Senate Foreign not necessarily the case around the disputes and create trade relations be- Relations Committee reported the world. tween those two nations. While trea- CRPD to the full Senate in July, and it The ADA and its goals served as the ties on occasion have blurred the line is right that the Senate is taking ac- model for the treaty resolution before between international relations, the tion on this important treaty before us today. This Convention will help line, the principle still remains fun- this Congress adjourns. Current U.S. move countries toward protecting the damentally intact. law already provides a number of pro- rights of disabled individuals. Prac- This Nation has never ratified a trea- tections called for under the CRPD. tically, it will allow the U.S. to engage ty of which the entire focus is to em- The Foreign Relations Committee in- other countries in the international power an international agency—here, cluded in its reported treaty reserva- arena to work toward the standards the United Nations, an organization tions, understandings, and a declara- and accessibility here in the United that truly is proving to be dysfunc- tion which will allow the United States States, which will benefit disabled tional and often hostile to the most le- to be in full compliance with the trea- Americans who work, live, and travel gitimate interests of the United ty, without making changes to existing the world. We are fortunate U.S. law States—to monitor the internal poli- U.S. law. meets or exceeds the obligations of the cies of the United States. This is par- Like President Obama, I believe this CRPD, and that no implementing legis- ticularly curious in that the United convention serves a number of Amer- lation is required. Our country stands States has the world’s best record on ican interests, including encouraging up to protect the rights of the most disability issues. protection of U.S. citizens and service- vulnerable in our society. We cannot Se we are told, let’s ratify the treaty members with disabilities who live or comprehend the mistreatment or sim- because we already meet, at least travel abroad, and assisting U.S. busi- ply the disregard of the lives of those today, all the requirements of the trea- nesses by ensuring that their inter- with disabilities. Ratifying this treaty ty. This will set an example. In truth, national counterparts are required to will reaffirm our country’s leadership we have already set an example. We comply with similar laws. and commitment to the basic human lead the world. Around the world, 125 nations have rights of disabled men, women, and This treaty, however, has mis- signed the Convention on the Rights of children. I am pleased to join my col- directed the focus of the United States Persons with Disabilities, and are par- leagues in support of the ratification of and the world community away from ties to this treaty. Its ratification is the CRPD. nations who do little or nothing for the supported by both Democrats and Re- The PRESIDING OFFICER. The Sen- disabled and to direct blame first on publicans, and by well over 300 reli- ator from Massachusetts. this Nation. gious organizations, health care cen- Mr. KERRY. Mr. President, I renew Of course, the United States has a ters, advocates for people with disabil- my request now. We have had about most magnificent system of law. It is ities, and veterans’ organizations. Dis- four successive Democrats speak. the foundation of our liberty, our pros- ability Rights Vermont and the There is nobody here from the other perity, and our happiness. Thus, if we Vermont Center for Independent Living side. I do not think it is fair to have were to ratify this treaty, we can be are among those organizations sup- our time docked as a result. So I sug- sure that international hypocrites will porting ratification. I hope all Sen- gest the absence of a quorum and ask soon demand that the United States do ators will support this important trea- unanimous consent that the time be this or that. All the while, their coun- ty. It sends the right message to the charged to the opponents. tries will have been in full violation of rest of the world that the United The PRESIDING OFFICER. Is there virtually every provision of the treaty. States cares about the dignity of all objection? Many other mischievous actions will people. Without objection, it is so ordered. certainly arise to bedevil our country, Mr. INOUYE. Mr. President, today The clerk will call the roll. and we will have hypocritical meddlers the United States Senate is considering The assistant legislative clerk pro- complicating our internal disability ef- a resolution to provide its advice and ceeded to call the roll. forts, as well as our internal social and consent with respect to the Convention Mr. SESSIONS. Mr. President, I ask health policies. I do not think this is on the Rights of Persons with Disabil- unanimous consent that the order for necessary. ities, CRPD. At its heart, the Conven- the quorum call be rescinded. Now, I agree that the United States tion is a non-discrimination treaty, The PRESIDING OFFICER. Without and the world can do more to advance which requires that persons with dis- objection, it is so ordered. the cause of the disabled. I truly do. I abilities have the same general rights Mr. SESSIONS. Mr. President, I ask recently visited the very fine Alabama as those without disabilities. that I be notified after 7 minutes. School for the Deaf and Blind. I person- I am grateful for the opportunities Mr. President, when the Senate gives ally saw how inexpensive computers this Nation provided me as a young its advice and consent to a treaty, it can transform the daily lives of the dis- man who returned from World War II becomes the ‘‘supreme law of the land’’ abled. Deaf and blind can move from as an amputee. Those opportunities in- on par with Federal statutes. This is being disconnected to connected, from cluded a college and law degree, even- Article VI, Clause 2 of the U.S. Con- unemployed to highly productive. It tually serving the Territory and State stitution. It is in our Constitution. was such a moving and positive experi- of Hawaii. I was fortunate my injury That is why we must take great care in ence to see what can be done today did not hinder my dream to work for, ratifying treaties and doing so only if with the technology this world has. and serve the people of Hawaii. it advances U.S. interests at home or When one visits our magnificent Throughout my years in the Senate, I abroad. military hospital at Walter Reed Na- joined with my colleagues to advance The overwhelming majority of con- tional Military Medical Center, one non-discrimination initiatives that stituent comments my office has re- can see the devices that are used there protect all Americans. In 1989, I was ceived have been in opposition to the on a regular basis to make the lives of proud to join with my good friend Sen- convention—approximately 1,000 let- those who have been injured better. ator HARKIN as an original cosponsor of ters in opposition; 40 letters or so in The whole world will benefit if more of the Americans with Disabilities Act, support. this technology is made available. ADA, in the Senate, and vote for its Moreover, I, along with 36 other Sen- The right way to advance assistance passage in 1990. The ADA, established ators, joined a letter to the Senate for the disabled worldwide is to be ac- in law, our Nation’s dedication to en- leadership requesting that no treaties tive internationally, to be on the front

VerDate Mar 15 2010 02:32 Dec 05, 2012 Jkt 029060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G04DE6.003 S04DEPT1 PWALKER on DSK7TPTVN1PROD with S7374 CONGRESSIONAL RECORD — SENATE December 4, 2012 lines promoting these good techniques today because I think the Senate may ciation; Disabled American Veterans; Iraq and policies, and to use more of our ex- not act to approve the Convention on and Afghanistan Veterans of America; Jew- isting foreign aid for this purpose rath- the Rights of Persons with Disabilities. ish War Veterans; Military Officers Associa- er than wasting it, as we too often do, I would say the issue is not going away. tion of America; National Association for Black Veterans; National Guard Association on corrupt governments that take it I think there are too many Americans of the United States; National Military Fam- and do little for their people. I believe and too many veterans organizations ily Association; Paralyzed Veterans of Amer- the State Department should strength- and too many people who are com- ica; The American Legion; Veterans for Com- en its outreach in this important area. mitted to this cause, that over time we mon Sense; Veterans of Foreign Wars; Vet- I have even drafted a law that would may have every chance and every op- erans of Modern Warfare; VetsFirst, a pro- require them to establish such a de- portunity to succeed. gram of United Spinal Association; Vietnam partment within their agency. As we I remind my colleagues that vir- Veterans of America; Wounded Warrior spend billions yearly on aid, surely we tually every major veterans organiza- Project. can be more effective in ensuring that tion in America supports the treaty, Mr. MCCAIN. Mr. President, I com- the equipment, devices and treatments people who represent those men and mend to my colleagues a very moving that are life transfiguring are given women who have fought and particu- letter to the U.S. Senate from a very more emphasis by our government. larly try to assist those with disabil- famous man, a Chinese dissident who We ought to raise the level of pri- ities that are the result of combat. was blinded, who recently was able to ority we give to the disabled. They are AMVETS; the Air Force Ser- leave China, which was printed in the Yes, I acknowledge that such expend- geants Association; Air Force Women RECORD yesterday. itures are not purely a part of our Na- Officers Associated; the American GI I will not quote from his whole let- tion’s national security policy, but Forum; the Association of the United ter. He says: America has always responded to the States Navy; the Blinded Veterans As- This treaty is making this idea real in sig- call to be a force for good in the world. sociation; Disabled American Veterans; nificant ways around the world. Today there I just left a meeting 15 minutes ago Iraq and Afghanistan Veterans of are over 1 billion people with disabilities, with United Methodists from the North and 80 percent of them live in developing America; Jewish War Veterans; the countries. Disability rights is an issue that Alabama Conference who have a Military Officers Association of Amer- the world cannot afford to overlook. When project to fight AIDS, HIV, and ma- ica; the National Association of Black the United States enacted the Americans laria in Africa. This is part of the Veterans; the National Guard Associa- with Disabilities Act over 20 years ago, the American heritage, and we do this tion of the United States; the National idea of true equality for people with disabil- every day, and it should be done. Military Family Association; Para- ities became a reality. Many nations have The PRESIDING OFFICER. The Sen- lyzed Veterans of America; the Amer- followed in America’s footsteps and are now ator has used 7 minutes. ican Legion; Veterans for Common coming together under shared principles of Mr. SESSIONS. I thank the Presiding equality, respect and dignity for people with Sense; Veterans of Foreign Wars; Vet- disabilities as entailed in the treaty. Officer. erans of Modern Warfare; VetsFirst, a The United States, which was instru- This is our heritage, a heritage that program of the United Spinal Associa- mental in negotiating this treaty, can con- has proven to be a blessing to the tion; Vietnam Veterans of America; tinue to advance both its principles and world. We do not want to walk away and the Wounded Warrior Project. issues of practical accessibility for its citi- from that. Mr. President, I ask unanimous con- zens and all people around the world and, by Another part of our heritage is the sent that the statement of all these ratifying the treaty, so take its rightful rule of law—that clear and strong un- veterans organizations be printed in place of leadership in the arena of human rights. derstanding of the unique quality of the RECORD. national sovereignty. We are honest There being no objection, the mate- That is what this is all about—Amer- people. We are productive people. We rial was ordered to be printed in the ican leadership, American leadership in the world. I don’t know how many mil- are lawful people. We know that we RECORD, as follows: will be able to be more prosperous and lions of people around the world are de- thus able to help others if we protect VETERANS SUPPORT THE CONVENTION AS THE prived of the same rights that Bob Dole RIGHTS OF PERSONS WITH DISABILITIES our economy from reckless, dangerous and TOM HARKIN and so many others spending and the authority of our legal Vote YES for the CRPD in 2012! In a letter made possible, but do I know this is an of support for the disability treaty, 21 vet- expression of American leadership system from erosion. Thus, I conclude erans service organizations highlight why this treaty is unnecessary and, in fact, the CRPD is important to them: throughout the world—I think an obli- dangerous for our Nation. The CRPD is important to veterans and gation America should embrace. So let’s do more for the disabled servicemembers with disabilities because it I would like to read a statement by worldwide. I will be supportive of that. embodies the principles of the Americans our distinguished former colleague and But let’s do it without enmeshing our with Disabilities Act (ADA). Like the ADA, leader, Bob Dole. More than a dear Nation into another binding inter- the CRPD supports equal treatment and non- friend, Bob remains an authentic hero national organization that will cause discrimination in access to rehabilitation, to millions of his countrymen, someone employment and educational opportunities. whose personal example of wartime more grief than benefit. We support the principles of the ADA be- I will conclude with one more thing. cause it promotes empowerment of our na- sacrifice was equaled—if such a thing is I am coming to the view that we as a tion’s veterans and servicemembers with dis- possible—by his service in this body. nation need to be more legally aware of abilities by providing the opportunity to He is respected wherever people value the dangers of signing agreements with achieve independent living and inclusion political courage and civility. foreign nations that regulate internal into all aspects of society. Bob Dole returned from World War II, affairs, even if we are not giving away As organizations that represent veterans one of the countless wounded warriors direct powers over the United States. I and servicemembers and their families, we whose defense of our liberty curtailed do not see that is necessary. I think believe that the CRPD would remove bar- his own. Gravely injured, disabled for riers and allow American servicemembers life, he developed a unique personal un- that is a bad step. I am opposed to and veterans with disabilities to work, serve, that. I think that in the long run, we study, and live abroad. In part, barriers will derstanding of his fellow Americans ex- will have difficulties. be diminished due to changing attitudes cluded from the mainstream. In the I thank the Presiding Officer, yield around the world regarding people with dis- years that followed, Bob fought to en- the floor, and reserve the remainder of abilities. As a result of the changes occur- sure not only that no American would our time for my colleagues who I know ring through the CRPD, servicemembers and be relegated to the back of the bus but want to speak on this matter. veterans with disabilities will be able to con- also, in the case of the disabled, that Mr. KERRY. Mr. President, I yield tinue leading active lives within the global no one would be prevented from board- community. ing the bus. the Senator from Arizona 7 minutes. VSOs that Support U.S. Ratification of the The PRESIDING OFFICER. The Sen- CRPD: AMVETS; Air Force Sergeants Asso- Bob Dole has been our leader on the ator from Arizona. ciation; Air Force Women Officers Associ- issue of disabilities from the moment Mr. MCCAIN. Mr. President, I come ated; American GI Forum; Association of the he stepped foot into the Chamber. To to the floor with a bit of a heavy heart United States Navy; Blinded Veterans Asso- Bob, it is unthinkable that Americans

VerDate Mar 15 2010 02:32 Dec 05, 2012 Jkt 029060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G04DE6.017 S04DEPT1 PWALKER on DSK7TPTVN1PROD with December 4, 2012 CONGRESSIONAL RECORD — SENATE S7375 could not get over a curb or enter a brave, the land of the free—as we overlook when it comes to addressing other school building or even watch a debate the abilities that trump any disabilities. As countries’ gaps in disabilities rights. I in this Chamber if they were in a the ranks of the disabled and their families would argue just the opposite. As I just swell, so does popular support for measures wheelchair. to ensure equality of access and opportunity. mentioned, becoming a party to this On April 14, 1969, the same date he One way or another disability issues touch convention would actually put us in was injured in the hills of Italy 24 nearly every family in America. the company of nations that are no- years earlier, he made his maiden Eight years ago, in dedicating the National where near the high ground on this speech on the topic of Americans with World War II Memorial on the Mall, I tried issue, moral or otherwise. disabilities. In every legislative initia- to put into words what makes America Moreover, we already have the most tive since then, Bob Dole has been a worth fighting for—if need be, dying for. I comprehensive disability rights laws spoke of the American promise, imperfectly and protections in the world, period. In leader on behalf of people with disabil- realized and too long delayed for some of our ities, bills such as the Rehabilitation fellow citizens—but a promise of individual fact, the U.S. record of disabilities Act of 1973; the Individuals with Dis- opportunity and universal justice for which rights-related laws stretches back abilities Education Act, IDEA; the De- we all aspire. ‘‘This is the golden thread that more than four decades, unequivocally velopmental Disabilities Act, and the runs throughout the tapestry of our nation- demonstrating our commitment and Americans with Disabilities Act. He hood,’’ I said, ‘‘the dignity of every life, the leadership in this area. That is why was responsible for including people possibility of every mind, the divinity of many nations look to us for guidance with disabilities in the Telecommuni- every soul.’’ In ratifying the CRPD, we can in developing their own disability laws affirm these goals for Americans with dis- cations Act of 1996 and for ensuring abilities. We can join with our allies in en- and discrimination protections. We do that people with disabilities are part of trusting the blessings of freedom to millions not need a treaty to provide that guid- the State Department’s annual report outside our borders. I urge your support of ance, obviously. on human rights around the world. this important treaty and I thank you for For example, the European Union is After leaving this Chamber, Bob Dole your consideration. looking to current U.S. law as a model prompted the Congress to pass the Mr. MCCAIN. I yield the floor. for its own accessibility initiatives. In Ticket to Work and Work Incentives The PRESIDING OFFICER. The Sen- January of 2011, European Commission Improvement Act of 1999—break- ator from Arizona. Vice President Viviane Reding dis- through legislation on health care and Mr. KYL. Mr. President, I rise today cussed proposals for what is designated employment for people with disabil- in opposition to the ratification of the a ‘‘European Accessibility Act,’’ citing ities. U.N. Convention on the Rights of Per- progress made in the United States This past year he has been instru- sons with Disabilities or the CRPD. under the provisions of the Americans mental in working with the adminis- The United States has a long and proud with Disabilities Act of 1990,’’ which I tration and Congress to ensure bipar- tradition of protecting human rights, was proud to support. Reding believes tisan support for the Convention on the especially those of the disabled. I do ‘‘that the EU should learn from this Rights of Persons with Disabilities to not believe we need to ratify an inter- positive experience and go ahead in Eu- reflect American leadership and values national convention to demonstrate rope too.’’ and safeguarding the rights of every in- our firm commitment in this area. The convention’s supporters also er- dividual in the world. CRPD ratification would do nothing roneously contend that U.S. ratifica- I ask unanimous consent for an addi- to improve the lives of the disabled in tion would result in tangible benefits tional 3 minutes to be added on to the the United States, and if other coun- for Americans with disabilities who time of the vote. tries are looking for good examples of choose to live, travel, or work abroad. The PRESIDING OFFICER (Mr. how to improve their laws, they could They assert that it would allow the TESTER.) Without objection, it is so or- do no better than to refer to U.S. laws. United States to have greater influence dered. Just as with many treaties before this over disability rights in such areas as Mr. MCCAIN. I ask unanimous con- one, the CRPD would offer cover to re- employment or accessibility among sent to have Bob Dole’s statement gimes that have no intention of actu- other states that are party to CRPD. I printed in the RECORD. ally helping their citizens, while need- think this is far from certain. There being no objection, the mate- lessly tying the hands of countries To be sure, Americans with disabil- rial was ordered to be printed in the such as the United States that have ac- ities face serious challenges when they RECORD, as follows: tually made great strides in this area. travel abroad precisely because those SENATOR ROBERT J. DOLE, DECEMBER 4, 2012, I take China as just one example. Ac- nations’ laws are not as supportive as STATEMENT ON THE SENATE VOTE ON THE cording to Human Rights Watch, Chi- are those here in the United States— CONVENTION ON THE RIGHTS OF PERSONS nese citizens even suspected of having the matter I spoke of a moment ago. WITH DISABILITIES (CRPD) a mental disability can be arbitrarily But it is the example we have set I’d like to thank my former colleagues, committed to institutions because Chi- through our legislation, not ratifica- members of the Administration, and many nese law offers almost no protections tion of this convention, that could im- friends whose efforts have brought about the against involuntary civil commitment. prove their access, for example, to Convention on the Rights of Persons with Moreover, Beijing is now considering a technology, as our Telecommuni- Disabilities. In their diversity they reflect America itself—I’m thinking of people in- draft mental health disability law that cations Act of 1996 does, or accom- cluding our former colleagues Tony Coehlo, would ‘‘permit the indefinite involun- modations that would be available, as former Attorney General Dick Thornburgh, tary detention, forced medication, and the American Fair Housing Act does, and former White House Counsel C. Boyden forced labor of persons suspected of for example. Only individual member Gray—key leaders on the landmark and bi- having a mental disability.’’ Obviously, states can draft and implement and en- partisan 1990 Americans with Disabilities this is in direct contravention to both force the type of wide-ranging laws Act. They have taken great pains to ensure the spirit and the letter of the CRPD that are necessary to actually protect that this treaty is in the best interest of our even though Beijing has ratified it—I the rights of persons with disabilities— Nation, and reflective of the values that we all believe transcend any party label. I espe- repeat: even though Beijing has al- laws, I might add, that are already in cially thank President George H.W. Bush for ready ratified the treaty. So while this place here in the United States of his indispensable leadership and support. convention has no mechanism to force America. The approaching vote on the Convention countries such as China to actually re- We know all too well from experience on the Rights of Persons with Disabilities is spect their disabled citizens, what it with other treaties that states such as a proud moment for the Senate, the latest does do is allow their leaders to falsely China routinely flout their treaty obli- chapter of an untold story including the present themselves as forward-leaning gations. I believe it boils down to this: Americans that say: no first class democracy on disabled rights just as they continue Countries look to the United States for can tolerate second class citizens. leadership in this area not because we In recent years, we have recognized that to run roughshod over such protections people with disabilities are integral to our at home. are party to an international treaty society, that we cannot afford to waste their Supporters of this convention claim but because we have actually dem- talents, nor can we proclaim our beloved that ratifying it would allow our coun- onstrated our commitment through America demonstrably—the home of the try to assume the moral high ground tangible and sustained action. Our

VerDate Mar 15 2010 02:32 Dec 05, 2012 Jkt 029060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G04DE6.020 S04DEPT1 PWALKER on DSK7TPTVN1PROD with S7376 CONGRESSIONAL RECORD — SENATE December 4, 2012 commitment to the rights of the dis- While I understand what he said about mation League; American Diabetes Associa- abled does not end with the passage of China, the fact is that because China tion; American Foundation for the Blind; laws or the enforcement of regulations; has signed up—and Russia and other American Foundation for Suicide Preven- tion; American GI Forum; American Group rather, it is an ongoing commitment countries—if we were a party to this Psychotherapy Association; American Men- through civil society and a myriad of and at the table discussing it, we would tal Health Counselors Association; American civic groups, NGOs, and religious orga- have greater leverage in order to be Music Therapy Association; American Net- nizations, many of which work abroad able to advance the rights of persons in work of Community Options and Resources; to help improve the lives of persons China and elsewhere. American Speech-Language-Hearing Asso- with disabilities. It also extends to in- Now, don’t take that from me, I ciation; American Therapeutic Recreation dividuals, including entrepreneurial would say to the Senator from Arizona. Association; amfAR, the Foundation for Guongcheng Chen is the blind activist AIDS Research; AMVETS; APSE; ARC Gate- Americans who continuously seek to way, Inc.; Arc Northland; Arc of Lucas coun- develop new cutting-edge technologies for civil rights in China who has sought ty; Arizona Bridge to Independent Living to improve the lives of anyone who refuge in America for a brief period of (ABIL). might benefit from such tools. time. His family has suffered in China, Association for Assistive Technology Act I am not naive regarding the chal- and he has written a letter to us. He Programs; Association of Jewish Family & lenges we face in ensuring that persons says: Children’s Agencies; Association of Pro- Dear Senators, grams for Rural Independent Living; Asso- with disabilities around the world can ciation of United States Navy; Association of benefit from the kind of education, em- I am writing you to personally ask for your support for the Convention on the Rights of University Centers on Disabilities (AUCD); ployment, and housing access Ameri- Persons with Disabilities. As you know, my Association on Higher Education & Dis- cans with disabilities already enjoy work on civil rights began with trying to en- ability; Attention Deficit Disorder Associa- here in the United States. I firmly be- sure that people with disabilities in my tion; Auditory Sciences; Autism National lieve the United States must continue home country of China were afforded the Committee; Autistic Self Advocacy Network; same rights as everyone else. The CRPD is Autism Speaks; Bay Area People First; Bay to pursue this disability diplomacy on Cove Human Services, Inc.; Bazelon Center both a bilateral and multilateral basis making this idea real in significant ways around the world today. for Mental Health Law; Bender Consulting where it is appropriate. But it is not at Services, Inc.; Best Buddies International, all clear to me that it is necessary to He goes on to say: Inc.; BlazeSports America; Blinded Veterans ratify this convention to achieve our I am hopeful that you will support ratifica- Association; BlueLaw International; Boston goal of promoting disability rights and tion and allow others to benefit from these Center for Independent Living. protecting the disabled from discrimi- triumphs. Brain Injury Association of America; Bridge II Sports; Bridgewell; Burton Blatt nation. And he is referring to the Americans with Disabilities Act and the other Institute at Syracuse University; California At the end of the day, I believe the Association of the Deaf—Riverside Chapter; proponents argue two contradictory things we have done. CA State Council on Developmental Disabil- positions: first, that it is really impor- I ask unanimous consent that this ities, Area Board 5; California Foundation tant that the United States ratify the document of organizations supporting for Independent Living Centers; California convention so that nations will have to the treaty be placed in the RECORD. State Council on Developmental Disabilities; There being no objection, the mate- respect the rights of disabled persons. Californians for Disability Rights, Inc.; CBM; rial was ordered to be printed in the Center for Disability Rights; Center for Inde- The second argument they make is RECORD, as follows: pendent Living of South Florida, Inc.; Center that the United States need not be con- for Leadership in Disability; Center on Dis- THE COALITION FOR UNITED STATES RATIFICA- cerned about obligations under the ability and Community Inclusion; Chal- TION OF THE UNITED NATIONS CONVENTION treaty because it is not enforceable, it lenged Conquistadors, Inc.; Check and Con- ON THE RIGHTS OF PERSONS WITH DISABIL- nect Program—Central Lakes College; Citi- really has no effect on us. ITIES zens for Patient Safety; Community Access Well, both things cannot be true. Ei- President Herbert Walker Bush; The Hon- Project Somerville; Community Access Un- ther it is a problem or it is not effec- orable Bob Dole; The Honorable Tony Coel- limited; Community Alliance for the Ethical tive. In either event, it is not an argu- ho;; The Honorable Dick Thornburgh; The Treatment of Youth. ment for ratification of the treaty. So Honorable Steve Bartlett; Ambassador Community Resources for Independent while I respect the goals and the aspi- Boyden Gray; Mayer-Brown LLP: Carolyn Living; Conference of Educational Adminis- rations of the proponents, they do not Osolinik & Tim Keeler; Ted Kennedy Jr.; trators of Schools and Programs for the Deaf justify committing the United States Howard Berman; John Wodatch; Dan Council of Parent Attorneys and Advocates; to another international obligation. As Brezinski; Ray Kelley; Tom Zampiri; Access Consortium for Citizens with Disabilities; Living of Metropolitan Chicago: Marca Consumer Advisory Committee; Council for a result, I will oppose the resolution of Bristo; Alston & Bird LLP: Jennifer Butler; ratification. Exceptional Children; Council of State Ad- Bob Kettlewell; Consortium for Citizens with ministrators of Vocational Rehabilitation; The PRESIDING OFFICER. The Sen- Disabilities; Disability Rights Education and CUNY Coalition for Students with Disabil- ator from Massachusetts. Defense Fund; Glover Park Group; Eva Szeli ities; Daniel Jordan Fiddle Foundation; Mr. KERRY. Mr. President, what is Robert Dinerstein Hadar Harris Janet Lord DAWN Center for Independent Living; Deaf the time allegation? Arlene Kantor Michael Stein; National Coun- and Hard of Hearing Alliance; Deaf Edu- The PRESIDING OFFICER. The Sen- cil on Disability; National Council on Inde- cation And Families Project; Delaware De- ator from Massachusetts has 10 min- pendent Living; National Disability Leader- velopmental Disabilities Council; Delaware utes, and the time in opposition has 8 ship Alliance; United Spinal Association and Family Voices; Depression and Bipolar Sup- 21 Veteran organizations; United States minutes. port Alliance; Developmental Disabilities In- Chamber of Commerce; United States Inter- stitute, Wayne State University; Disabled Mr. KERRY. Mr. President, the Sen- national Council on Disabilities: David American Veterans; Disability Connection/ ator from Arizona—it is my under- Morrissey, Esme Grant, Susie Richard, Ellis West Michigan; Disability Help Center; Dis- standing that there is no other speaker Ballard, and Andrea Shettle. ability Law Center; disABILITY LINK. on the Senator’s side. I would simply Ability Chicago; Access Alaska Inc.; Ac- Disability Partners; disABILITY Resource ask if we could have an additional 5 cess Living; Access, Inc.; ACCSES; Center; Disability Rights Coalition; Dis- minutes on this side, if the Senator Actionplay; ADAPT Delaware; Air Force ability Rights Education and Defense Fund; Sergeants Association; Air Force Women Of- would not object, and that would bring Disability Rights Fund; Disability Rights ficers Associated; Alliance Center for Inde- International; Disability Rights Legal Cen- us to the vote at noon. pendence; American Academy of Child and ter; disAbility Solutions for Independent The PRESIDING OFFICER. Without Adolescent Psychiatry; Advocating 4 Kids Living; Disabled In Action of Metropolitan objection, it is so ordered. LLC; American Academy of Pediatrics; NYC; Disabled Rights Action Committee; Mr. KERRY. Mr. President, let me American Association for Geriatric Psychi- Disabled Sports USA; Division for Early just say to the Senator from Arizona atry; American Association on Health and Childhood of the Council for Exceptional before he leaves, the Senator and I Disability; American Association on Intel- Children; Down Syndrome Association of have engaged on these issues for some lectual and Developmental Disabilities; Snohomish County; Down Syndrome Asso- years now, and we have disagreed re- American Association of People with Dis- ciation of West Michigan; Dream Ahead the abilities; American Association for Psycho- Empowerment Initiative; Dynamic Independ- spectfully and in a friendly way. social Rehabilitation; American Civil Lib- ence; East Texas Center for Independent Liv- I would say to him, very respectfully, erties Union; American Council of the Blind. ing; Easter Seals; ED101 Inc.; Equal Rights that there is no contradiction in the American Counseling Association; Amer- for Persons with Disabilities International, position of the proponents of this bill. ican Dance Therapy Association; Anti-Defa- Inc.

VerDate Mar 15 2010 02:32 Dec 05, 2012 Jkt 029060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G04DE6.021 S04DEPT1 PWALKER on DSK7TPTVN1PROD with December 4, 2012 CONGRESSIONAL RECORD — SENATE S7377 Employment & Community Options; Epi- National Minority AIDS Council; National ens Refugee Commission; WORK, Inc., World lepsy Foundation; Family Voices; Fearless MS Society—Ohio Chapters National MS So- Institute on Disability; Wounded Warrior Nation PTSD Support; Federal Employees ciety, Pacific South Coast Chapter; National Project; Wyoming Institute for Disabilities. with Disabilities (FEDs); FESTAC-USA (Fes- Multiple Sclerosis Society; National Mul- Mr. KERRY. Over 328 veterans and tival of African Arts and Culture); FHI n360; tiple Sclerosis Society, National Capital disability organizations, all of our vet- Fiesta Christian foundation Inc.; 504 Demo- Chapter; National Rehabilitation Associa- cratic Club; Foundations For Change, PC; tion; New York State Independent Living erans organizations, who deal with peo- Four Freedoms Forum; Fox River Industries; Council; Next Step; NHMH—No Health with- ple with disabilities and challenges FREED Center for Independent Living; out Mental Health. support this treaty and believe it will Friedman Place; G3ict; Gallaudet University; Noble County ARC, Inc.; Northeast Arc; make a difference. GlobalPartnersUnited; Goodwill Industries Not Dead Yet; Ohio Association of County So when the Senator says: I don’t be- International; Greater Haverhill Newbury- Boards; Serving People with Developmental lieve it will make a difference, every port; Handicap International; HEAL; Hear- Disabilities; Ohio Statewide Independent working member of the disabilities ing Loss Association of America. Living Council; Ohio Valley Goodwill Indus- Hearing Loss Association of Los Angeles; tries; Oklahoma Association of Centers for community disagrees with the Senator. Hesperian Health Guides; Higher Education Independent Living; Optimal Beginnings, LC; I would just say to him respectfully Consortium for Special Education; Human Osteogenesis Imperfecta Foundation; PA that the facts are clear. He said this Rights Watch; IDEA Infant Toddler Coordi- Mental Health Consumers’ Association; Par- ties our hands. It doesn’t tie our hands. nators Association; Independent Living, Inc.; alyzed Veterans of America; Parent to Par- Senator LEE came to the floor earlier, Independent Living Center of the Hudson ent of NYS; Parent to Parent USA; Peer As- and he agreed this doesn’t require any Valley, Inc.; Independent Living Center of sistance Services, Inc.; Peppermint Ridge; change of U.S. law. the North Shore & Cape Ann, Inc; Institute Perkins; PhilnthropyNow; Pineda Founda- So I would say to my friend, there is for Community Inclusion: U. MA Boston; In- tion for Youth; Polio Servivors Association; stitute for Human Centered Design; Institute PPI; Purity Care Investments; PXE Inter- no tying of the hands. We understand on Human Development and Disability; In- national. the fears people have, but I think it is stitute on Disability and Public Policy Raising Special Kids; REACH Resource important to try to decide this on the (IDPP); Inter-American Institute on Dis- Centers On Independent Living; Recovery basis of fact. ability; International Ventilator Users Net- Empowerment Network; Rehabilitation I yield to the Senator on his time. work; Iowa Statewide Independent Living International; RESNA Rolling Start Inc., The PRESIDING OFFICER. As per Council (SILC); Iraq and Afghanistan Vet- Rose F. Kennedy University Center for Ex- the previous request, without objec- erans of America; Jewish War Veterans; cellence in Developmental Disabilities; Johnson County Board of Services; Joint Na- Sandhills Post-Polio Health Group; Schizo- tion, it is so ordered. tional Association of Persons with Disabil- phrenia and Related Disorders; Alliance of Mr. KYL. First of all, I want to say ities; Just Advocacy of Mississippi. America; School Social Work Association of to my colleague from Massachusetts KEY Consumer Organization, Inc.; America; Self Advocacy Council of Northern that I very much have enjoyed the con- KIDZCARE School; L.E.A.N. On Us; Lake- Illinois; Sindh Disabled Development Soci- versations we have had, and perhaps shore Foundation; Lakeside Curative Sys- ety; SoCal ASPE; Social Assistance and Re- more so when we have been in disagree- tems, Inc.; LINC; Little People of America; habilitation; for the Physically Vulnerable; ment because I think we have brought Living Independence For Everyone (LIFE) of (SARPV); Socio Economic Development; Al- out a number of important points on a Mississippi; Long Island Center for Inde- liance (SEDA); Southeast Alaska Inde- pendent Living, Inc. (LICIL); Loudon pendent Living; SPEAK Consulting LLC; variety of issues. So I always appre- ENDependence; Mainstay Solutions LLC; Special Needs Advocacy Network; Special ciate his views. Secondly, since the Maryland Disability Law Center; Massachu- Olympics; Spina Bifida Association. Senator has specifically referred to the setts Down Syndrome Congress; Massachu- Statewide Independent Living Council; points I have made, let me just respond setts Families Organizing for Change; Med- TASH Team of Advocates for Special Kids; in one way. ical Whistleblower Advocacy Network; (TASK); Teacher Education Division of the I don’t gainsay the argument that Medicol Inc.; Mental Health Action; Mental Council for Exceptional Children; Tennessee people who have a deep belief in trying Health America; MI Developmental Disabil- Disability Coalition; Tri-State Downs Syn- ities Council; Military Officers Association drome Society; The Ability Center of Great- to pursue a particular human right or of America. er Toledo; The American Legion; The Arc- other goal believe that getting to- MindFreedom International; Mobility Jefferson, Clear Creek & Gilpin Counties; gether in the international community International USA; Montana Independent The Arc Arapahoe & Douglas; The Arc Cali- and talking about these things is a use- Living Project; Multiethnic Advocates for fornia; The Arc Cedar Valley; The Arc Michi- ful exercise. It is hard to argue in the Cultural Competence, Inc.; National Alliance gan; The Arc Noble County Foundation; The abstract with that proposition, so I can on Mental Illness; National Association for Arc of Bristol County; The Arc of Colorado; understand the letters that would be Children’s Behavioral Health; National Asso- The Arc of Dickinson; The Arc of Fort Bend written. ciation for Black Veterans; National Asso- County; The Arc of Greater Pittsburgh; The The hard reality is, however, that ciation of Councils on Developmental Dis- Arc of Illinois; The Arc of Iowa. abilities; National Association of County Be- The Arc of Massachusetts; The Arc of there are nation states such as China havioral Health and Developmental Dis- Northern Virginia; The Arc of Opportunity that do like to sign up to these organi- ability Directors; National Association of in North Central Massachusetts; The Arc of zations and gain the reputation for Law Students with Disabilities (NALSWD); the U.S.; The Arc of Virginia; The Arc of doing good things while, in fact, not National Association of School Psycholo- Toombs County; The Arc Western Wayne; doing things, as I pointed out. So to gists; National Association of Social Work- The California Institute for Mental Health; some extent it can serve the opposite ers; National Association of State Directors The Center of Rights of Parents with Dis- goal of giving cover to countries that of Developmental Disabilities Services; Na- abilities; The Jewish Federations of North tional Association of State Directors of Spe- America; The Joseph P. Kennedy, Jr. Foun- really have no intention of acting in cial Education; National Association of dation; The National Council on Independent good faith or in good ways that we State Head Injury Administrators; National Living; The National Center of the Blind Illi- have demonstrated as the United Association of State Mental Health Program nois; The Starkloff Disability Institute; States, and that is one of the problems Directors; National Association of States Three Rivers Center for Independent Living; here. United for Aging and Disabilities; National Topeka Independent Living; Resource Cen- I do acknowledge, and I will not use Association of the Deaf; National Black Deaf ter; Touchpoint Group, LLC; Tourette Syn- any more of the Senator’s time, but Advocates, Inc.; National Center for Envi- drome Association; Treatment Communities when one of two things is true, either ronmental Health Strategies. of America; Tri count4y ILC. National Center for Learning Disabilities; Tri-County Association of the Deaf, Inc., it is fairly meaningless or it is really National Coalition for Mental Health Recov- Twin Ports Post Polio Network; United Cere- meaningful. I don’t think that we can ery; National Council on Independent Living; bral Palsy; United Spinal Association; U.S. make both arguments as arguments in National Council for Community Behavioral Business Leadership Network; United States support of our signing up to the treaty. Healthcare; National Disability Rights Net- International Council on Disabilities; Utah Mr. KERRY. Well, we obviously differ work; National Down Syndrome Congress; Assistive Technology Foundation; Vermont on that. National Down Syndrome Society; National Center for Independent Living; Vermont Let me emphasize the importance of Dysautonomia Research Foundation; Na- Family Network; Veterans for Common the 328 groups, and I have submitted tional Federation of the Blind; National Fed- Sense; Veterans of Foreign Wars; Veterans of eration of Families for Children’s Mental Modern Warfare; VetsFirst, a program of that for the RECORD. Health; National Guard Association of the United Spinal Association; Vietnam Vet- We are going to vote in a few min- United States; National Health Law Pro- erans of American; Voices of the Heart Inc; utes, and we are going to vote on a gram; National Military Family Association; Whirlwind Wheelchair International; Wom- treaty that I regret to say some people

VerDate Mar 15 2010 04:24 Dec 05, 2012 Jkt 029060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\A04DE6.006 S04DEPT1 PWALKER on DSK7TPTVN1PROD with S7378 CONGRESSIONAL RECORD — SENATE December 4, 2012 are making controversial when, in fact, The Foreign Relations Committee the United Nations, and certainly this it really isn’t controversial. even included language in the resolu- man who served his country is not here What this treaty says is very simple: tion of advice and consent to make it because he doesn’t want to defend the It just says that people can’t discrimi- crystal clear. What are we afraid of? sovereignty of the United States of nate against the disabled. It says other That the committee would give us this America. He is here because he wants countries have to do what we did 22 advice? to know that other countries will come years ago when we set the example for The second misconception is that to treat the disabled the way we do. the world and passed the Americans this will allow the Federal Govern- He is here because he wants to know with Disabilities Act. ment, acting under U.N. instructions, that when a disabled American vet- In four simple words, this treaty says to determine what is best for children eran, our wounded warriors, travel to other countries that don’t respect with disabilities. Again, that is just overseas, they are treated with the the rights of the disabled: Be more like flat wrong. The treaty does not give same dignity and respect they receive us. That is what we are asking people the Federal Government or any State at home. That is why an 89-year-old to do. It doesn’t require any changes to government any new powers with re- veteran, 1 week removed from Bethesda American law, zero. This has no tying spect to children with disabilities. It Naval Hospital, comes back to the Sen- of the hands of America. There isn’t doesn’t change the balance of power be- ate on an early December day. Because one law in the United States that tween Federal and State government. it matters. would be negatively affected. But it It doesn’t require any change to exist- What we do in the Senate matters will push, it will leverage, it will re- ing State or Federal law. not just to us but to people all across quire other countries by their commit- The Justice Department, former Re- the globe, and maybe some people here ment to be held accountable to the publican Attorney General Dick need to be reminded of that. This is not standard that we have set and take our Thornburgh, testified before the For- about politics, this is not about ide- gold standard and extend it to the rest eign Relations Committee that any as- ology, this is about people. of the world. sertion to the contrary is incorrect. This treaty helps thousands of vets, There are three reasons I have heard Our committee even included language men and women, who paid the price of that we can’t do this. When I hear in the resolution of advice and consent devotion to our country with their them, I am reminded of what I learned to absolutely crystallize those limita- limbs—with their limbs—and they struggle every day to get up, button when I was a prosecutor, which was tions. quite a few years ago now. I learned: If Finally, there are those who argue their shirts, get out of the house. Some the facts are against you, then argue that a lameduck session is an inappro- of them struggle to be able to share in the law. If the law is against you, then priate time for Senators to consider life as all of us are able to share in it. I met one of them yesterday, Army argue the facts. If both are against this treaty. Well, my colleagues, Afghan vet Dan Berschinski, a double you, just make it up. please, since the 1970s alone, the Sen- amputee as a result of the war in Af- Well, that is exactly what is hap- ate has approved treaties during lame- ghanistan. He has fought back, and he pening here. Neither the law nor the duck sessions a total of 19 times. There has recovered enough to create a small facts support any argument that has is nothing special or different about a business. Here is what he said, this been made on the other side of this lameduck. It is a session of the Con- West Point grad of 2007: treaty. Accordingly, we are facing an gress. Just as we are going to consider I’m proud to be able to walk using pros- entirely fictitious set of arguments—on important fiscal matters, we should thetic legs. Yet obstacles that might seem abortion, on homeschooling, on lame- consider other important matters. inconsequential to the fully able-bodied, like duck sessions. All of their arguments Our constituents expect us to do our sidewalk curbs and stairs, take on a whole have been contradicted by the facts in jobs. There is no difference between a new meaning for veterans like me who strug- the law, and let me document that. lameduck, a dead duck, or a regular gle to walk, or use a wheelchair. Very fortu- This treaty is based on the Ameri- duck. We ought to be here doing our nately for me, the United States leads the cans with Disabilities Act. We passed jobs. world in accessibility and equality of oppor- that 20 years ago. More than any of the straw men, tunity for the disabled. Unfortunately, the advantages granted here at home—that The father of the act is sitting here, though, that we would have to deal allow people like me to live fulfilling, inde- the Senator from Iowa. In all those 20 with in this debate, there is, in fact, pendent lives—don’t exist in much of the years, has any child been separated something much bigger at stake. This rest of the world. from a parent because of the ADA? No. treaty and this vote will say a great Eight months after being wounded in com- Has homeschooling been hurt? No. In deal about who we are in the Senate bat, and while still a patient at Walter Reed fact it has grown and is flourishing and who we are as a country. Army Medical Center, I joined— across the Nation. In the nearly 30 years I have been And I am speaking for him— How is it possible a treaty, that ac- here, I think this is the first time I a few friends in a trip to South Africa to cording to our Supreme Court offers no have seen a former majority leader of watch the World Cup. recourse, no change in American law, the Senate come to the Senate floor for There I found myself in a different coun- try, with no legs, a brand-new wheelchair no access to American courts, how is it a vote. It is certainly the first time and a lot of apprehension. While I should possible that such a treaty could that I have seen it happen when he had have been enjoying this once-in-a-lifetime threaten anybody in our country? The every right to be at home at age 89 tak- trip, I was constantly worried about my abil- answer is simple: It doesn’t and it ing care of his health, but that is not ity to get around. Would the restaurant have can’t. Bob Dole. an accessible bathroom or would I have to go Well, let’s go through the arguments Almost 70 years ago, when he came without it? Would my wheelchair be able to one by one. First, they say it would un- home to Kansas from the battlefields of fit in the hotel doorway or would I need to be carried into the lobby? Those are the kinds dermine our sovereignty. I have heard Italy in a full body cast, people said of questions we take for granted here in several people suggest that, the laws that Bob would never have to work an- America, but, unfortunately, the accessi- governing the disabled. Well, that is other day in his life. That is what they bility measures we enjoy here simply aren’t wrong. Senator LEE just admitted it said; he was a hero; he had made his present in many other countries. doesn’t affect any law in the United contribution. But Bob Dole worked That is why Bob Dole and CPT Dan States. All it does is create a com- every single day to stand, to walk, and Berschinski want us to approve this mittee on the rights of persons with to use his arms again. He made himself treaty. I have heard nothing from the disabilities. get out of that bed, and he made him- other side that outweighs the reality of What can this committee do? All it self a public servant and a U.S. Senator that consideration for not just vet- can do is review reports and make a and the Republican nominee for Presi- erans but all persons with disabilities. suggestion. Are we scared, in the dent in 1996. But his greatest pride was What is at stake here is big. The out- United States of America, of someone passing the Americans with Disabil- come here will not, despite the fear, making a suggestion to us about how ities Act. change one election here in the Senate. we might do something? It has no re- Bob Dole, why is he here? He is not It is not going to decide one of the pri- course in the court, no legal standing. here because he is here to advocate for maries that I fear are distorting the

VerDate Mar 15 2010 02:56 Dec 05, 2012 Jkt 029060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G04DE6.023 S04DEPT1 PWALKER on DSK7TPTVN1PROD with December 4, 2012 CONGRESSIONAL RECORD — SENATE S7379 politics of our country. But you know Rights Act and the Voting Rights Act having voted in the affirmative, the what, it will decide whether some peo- and the Americans with Disabilities resolution of ratification is not agreed ple live or die in another country, Act, is still capable of voting to change to. where there is no accountability and things, not to mention sending a mes- The majority leader. only United States values and stand- sage that could change the world. Mr. REID. Mr. President, we hope ards are the difference to the prospects I ask my colleagues to do for the shortly after the caucuses are ended of someone with a disability. world what they have done for Amer- today that we will have a vote on final In some countries children are dis- ica, walk down the aisle here for mil- passage of the Defense authorization posed of—killed—because they have a lions everywhere who cannot walk and bill. The managers have a few more disability. Our treaty can actually help make a statement; raise your voice and amendments they are going to try to prevent that. In some countries chil- vote for millions who are voiceless in clear, but I think very quickly after dren do not get to go to school and cer- their own lands; stand for those who the caucus we will have a vote. ‘‘Very tainly have no prospects of a future cannot stand for themselves. This is quickly’’ around here is kind of a rel- simply because they are born with a not about the United Nations, this is ative term, but we hope to do it as soon disability. This treaty will help offer about common humanity. This vote is as we can. hope where there is none. The United to test to see whether the Senate will Mr. LEE. Mr. President, I move to re- States could actually sit at the table stand for those who cannot see or hear consider the vote. and make the difference for people and whether Senators can hear the Mr. REID. I move to lay that motion with disabilities because we are willing truth and see the facts. on the table. to push our values and hold other na- Please don’t let Captain Berschinski The motion to lay on the table was tions accountable to meet our stand- down. Don’t let Senator Bob Dole agreed to. ards—the gold standard of the Ameri- down. Most importantly, don’t let the f cans with Disabilities Act. Senate and the country down. Approve Mr. President, I have heard some of this treaty. RECESS The PRESIDING OFFICER. The my Republican colleagues talk many The PRESIDING OFFICER. Under question is on agreeing to the Resolu- times about making the rest of the the previous order, the Senate stands tion of Advice and Consent to Ratifica- world more like America. I hate to in recess until 2:15 p.m. tion of the Convention on the Rights of think that now, when we have an op- Thereupon, the Senate, at 12:28 p.m., portunity to do that, they will retreat Persons with Disabilities. Mr. REID. Mr. President, I ask for recessed until 2:15 p.m. and reassem- from that core conviction and oppose a bled when called to order by the Pre- treaty modeled on the United States’ the yeas and nays. siding Officer (Mr. WEBB). example which has no recourse in The PRESIDING OFFICER. Is there a sufficient second? The PRESIDING OFFICER. The Sen- American courts and no effect on ator from Michigan. American law. There appears to be a sufficient sec- This treaty isn’t about American be- ond. f havior, except to the degree that it in- The clerk will call the roll. THE FISCAL CLIFF fluences other countries to be more The bill clerk called the roll. like us. This treaty is about the behav- Mr. KYL. The following Senator is Ms. STABENOW. Mr. President, I ior of other countries and their willing- necessarily absent: the Senator from rise to bring attention to a critically ness to raise their treatment of people Illinois (Mr. KIRK). important piece of legislation the Sen- with disabilities to our level. It is that The yeas and nays resulted—yeas 61, ate has passed and the House needs to simple. This treaty isn’t about chang- nays 38, as follows: pass immediately. It passed the Senate ing America, it is a treaty to change [Rollcall Vote No. 219 Ex.] with bipartisan support. There are the world to be more like America. YEAS—61 those on both sides of the aisle in the So why join, I have heard my col- Akaka Gillibrand Murray House of Representatives who support leagues ask several times. If it doesn’t Ayotte Hagan Nelson (NE) passing it. I am here to urge, in the Barrasso have recourse in the law, why join? I Harkin Nelson (FL) strongest terms possible, that the Baucus Inouye Pryor will tell you why: Because we can sit at Begich Johnson (SD) Reed Speaker bring up this bill before the the table and affect the lives of our Bennet Kerry Reid House and get it passed. citizens by pushing other countries up- Bingaman Klobuchar Rockefeller Many people, because of my speaking Blumenthal Kohl Sanders wards; because we gain credibility and Boxer Landrieu in the past, may think I am referring Schumer Brown (MA) Lautenberg to the farm bill, which I also believe we accelerate change through our advo- Shaheen Brown (OH) Leahy cacy by being part of a process; because Snowe need to have the House take up and Cantwell Levin pass because of our bipartisan work. it is good for American businesses, Cardin Lieberman Stabenow which can sell products and services as Carper Lugar Tester But I actually am referring to the fact other nations raise their standards and Casey Manchin Udall (CO) that we have only 27 days until we go Udall (NM) need our expertise to meet their goals. Collins McCain over the fiscal cliff. For middle-class Conrad McCaskill Warner That is why, incidentally, the United Coons Menendez Webb families what this means is 27 days be- States Chamber of Commerce supports Durbin Merkley Whitehouse fore their taxes go up on average $2,200. this treaty as do a huge number of Feinstein Mikulski Wyden What we are talking about is the fact Franken businesses. Murkowski that we passed a bill. We did not just Why support it? Because George H. NAYS—38 pass a bill, we passed a bill in July. W. Bush started this process and Presi- Alexander Graham Moran July 25 of this year the Senate passed dent George W. Bush signed the treaty Blunt Grassley Paul a bill to extend tax cuts on all income to participate in it. And because, in the Boozman Hatch Portman up to $250,000. That is for anyone. It is Burr Heller Risch end, this treaty and our participation Chambliss Hoeven Roberts now sitting in the House and everybody in it—and this is the most important— Coats Hutchison Rubio agrees middle-class families should not can improve the quality of life for peo- Coburn Inhofe Sessions get a tax increase. Yet they have not Cochran Isakson Shelby ple with disabilities. To join it is to Corker Johanns taken it up. This needs to be taken up Thune Cornyn Johnson (WI) and passed before the end of the year so keep faith with the men and women Toomey Crapo Kyl who have suffered grievous disability Vitter we can make sure middle-class families DeMint Lee in defense of our Nation, and we owe Enzi McConnell Wicker do not get caught in what we are talk- them nothing less. This treaty is not ing about, which is the fiscal cliff. about changing America, it is about NOT VOTING—1 For a family on a budget, $2,200 more America changing the world. Kirk in taxes means a lot of things. It means But a vote here is a test of this insti- The PRESIDING OFFICER. On this a lot of things as families are trying to tution. This vote is a test of whether vote, the yeas are 61, the nays are 38. figure out how to pay for Christmas the Senate, which passed the Civil Two-thirds of the Senators present not this year. It is not an accident that we

VerDate Mar 15 2010 02:56 Dec 05, 2012 Jkt 029060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G04DE6.025 S04DEPT1 PWALKER on DSK7TPTVN1PROD with S7380 CONGRESSIONAL RECORD — SENATE December 4, 2012 are seeing layaway becoming very pop- sure 98 percent of the American people who have gotten extra tax cuts to forgo ular again as families are trying to fig- do not see their taxes go up, and those those and chip in to be part of the larg- ure out how to make sure their chil- who benefited the most by the tax cuts er deficit reduction solution. dren have the Christmas they want to in the last decade will be able to step Unfortunately, yesterday Speaker give them, yet juggle their cash flow up and be part of the solution on def- BOEHNER ignored this when he offered a situation in trying to figure out how to icit reduction, which the vast majority Republican counterproposal to the pay for it and pay the bills. That $2,200 of people in this country agree is fair. President’s proposal that would essen- will make a huge difference to millions People in Michigan are worried about tially raise taxes on middle-class fami- of families. It is the difference between what is going to happen. They come to lies and cut Medicare for our senior just paying the regular bills—utility me in the grocery store. I received citizens. As Senator REID said yester- bills, the mortgage, the rent, the car many e-mails and calls to my office day, ‘‘It flunks the test of balance.’’ payment. and meetings, on Facebook and Twit- To get the kind of revenue to reduce There is absolutely no reason fami- ter. People in Michigan understand the deficit that is needed, that we all lies should find themselves in this situ- that $2,200 more coming out of their agree has to be done, their plan does ation right now when they are worried pockets next year can be devastating. some radical things. Their idea of rev- enue is to continue the tax cuts for any about this, absolutely none. As I said Terri from Lansing told me she unex- income above $250,000 for multimillion- before, we passed a bill on July 25—not pectedly lost her job when her com- aires and, instead, to get rid of tax de- August, not September, not October, pany went out of business and had to ductions used by middle-class families. July 25—to get this issue off the table. struggle in foreclosure, similar to So middle-class families might not We know there are broader issues on many people, and used her Roth IRA to which we have to come together. There have a mortgage deduction on their get by. ‘‘I am part of the baby boomer home that millions of people rely on; has to be a balanced approach, we generation and now I live paycheck to know that, on long-term deficit reduc- the student loan deduction for middle- paycheck, just barely surviving.’’ class families that is allowing college tion. But we said in the Senate, on a Two thousand dollars makes a huge bipartisan basis, we do not want mid- to be more affordable; the charitable difference. giving deduction that middle-class dle-class families caught in the middle Zelda from Washington writes that families rely on when they donate to of that. We do not want them being $2,200 is our groceries for 4 months; 4 churches and other nonprofits; the held hostage in order to get an addi- months of groceries for Zelda’s family. marriage penalty; the child credit; the tional tax break for multimillionaires. That is what we are talking about if mortgage tax relief deduction I offered It has been 132 days since the House the Senate bill does not get passed by Republican leadership got that bill. to make sure if someone has to do a the House. short sale at the bank, they do not pay For 132 days they have been refusing to Carol from Michigan writes: take it up. I commend the Democratic extra taxes. I am a retired grandmother getting a State That is important for everyone to un- leader in the House, NANCY PELOSI, for pension and Social Security. I also have derstand; that we—and I am speaking now bringing forward a discharge peti- three teenage grandchildren living with me. now as a Senate majority—are not tion to bring that directly to the floor. That is not a new story for many peo- going to balance the budget on the I think it is widely believed—I cer- ple—‘‘three teenage grandchildren liv- backs of middle-class families. We are tainly believe—that there are enough ing with me.’’ not going to balance the budget, reduce votes on the floor of the House to pass Any increase in anything might break me. the deficit by asking middle-class fami- this, to make sure middle-class fami- Thomas from Grand Rapids writes: lies who had the biggest hit of anybody lies do not see an additional $2,200 com- with everything that has happened in ing out of their paychecks starting in I will most likely have to find a job to make ends meet. So much for being retired. the recession—and I certainly can January. speak for Michigan on this—we are not Again, so many families, so many in- For 132 days families have been wait- going to put the burden on middle-class dividuals find themselves in this situa- ing for their own economic certainty. families one more time. That is not tion. They think they have planned for Yet it still has not been taken up in what this is about. the House. Christmas is 3 weeks from their retirement and now cannot count On election day 60 percent of voters today. This is the worst possible time on what they thought would be there. said they wanted to end the extra tax to create uncertainty for families They watch this and the fact that we breaks for people making over across America. We also know this is have a choice to make sure tax cuts $250,000—for income over $250,500. Yet about hurting the economy. It is a drag continue for 98 percent of the American the House Republican leadership wants on consumer spending not to continue families, middle-class families, that ev- to welcome middle-class families into the tax cuts—consumer spending which erybody gets a tax cut up to $250,000 a the new year by having their taxes go makes up about 70 percent of the econ- year. Yet the House Republicans will up on average $2,200. As Zelda from omy. So there is a direct relationship not even bring it up for a vote because Michigan said, that is 4 months of gro- between what happens in growing the they want extra tax cuts for multi- ceries. No way. There is no way I am economy and what happens for middle- millionaires? They look at that and going to support letting that happen. class families. Now we have 27 days for they say: What, are you crazy? This Thankfully, we do have Republican the House to get this done. There are 27 makes absolutely no sense. colleagues who join us wanting to get days to stop holding middle-class fami- President Obama ran on a plan to end this passed. We did in the Senate and lies hostage while we work out a larger the tax breaks for millionaires; basi- those speaking out in the House and I agreement on what needs to be done on cally, that plan that passed the Senate, commend them. Congressman TOM deficit reduction. All we need to do is by the way, on a bipartisan vote. He COLE from Oklahoma stated the obvi- to pass the Senate bill. ran on a plan that would say those sav- ous last week—and I encourage and Let me repeat. By extending this par- ings would then be applied to deficit re- congratulate him for speaking out. He ticular bill, every American will get a duction. We know that is so critical. said Republicans should immediately tax cut on their first 250,000 in income. We saw what people thought about extend the tax cuts for families mak- The good news is that involves tax cuts that. He was reelected by a wide mar- ing under $250,000 a year. That is what for 98 percent of American families; 98 gin. The American people want us to he said. I agree with that. His Okla- percent of American families will be come together, to work together in a homa constituents praised him. His protected from seeing any kind of a tax bipartisan way to reduce the deficit, constituents praised him. Unfortu- increase—and 97 percent of small busi- and they support the approach that nately, his leadership dismissed him. nesses, by the way. So if someone has starts by making sure middle-class The Washington Post reported that 70 $1 over $250,000, they would not be pro- families are not once again asked to percent of the calls to Congressman tected from a tax increase. They would pay for the full burden of what needs to COLE’s Washington, DC, office are posi- get the first $250,000 in tax cuts, but be done. They support an effort that tive and that 90 percent of his calls they would not get additional bonus says extend tax cuts for middle-class back home in Oklahoma—90 percent— tax cuts on top of that. This makes families and ask those at the very top have supported his position.

VerDate Mar 15 2010 02:56 Dec 05, 2012 Jkt 029060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G04DE6.033 S04DEPT1 PWALKER on DSK7TPTVN1PROD with December 4, 2012 CONGRESSIONAL RECORD — SENATE S7381 Congressman COLE knows he should the Armed Services Committee. It is Again, it has been my privilege to be listening to his constituents, and he also the final Defense bill I will be serve on this committee. is. If we all listened to the people we working on as a Member of the U.S. With that, I yield the floor and sug- represent and if the House leadership Senate. I want to take this opportunity gest the absence of a quorum. listens to the people of this country to say what an honor and privilege it The legislative clerk proceeded to and those they represent, they will has been to serve as a member of that call the roll. pass the bill we sent to them in July. committee and express my thanks to Mr. UDALL of New Mexico. Mr. If taxes go up for middle-class fami- Chairman LEVIN. President, I ask unanimous consent lies on January 1, people are going to As someone who began his time on that the order for the quorum call be know who is responsible for letting Capitol Hill as a full-committee coun- rescinded. that happen. I urge House Republican sel on the House side many years ago The PRESIDING OFFICER (Mr. leadership to take up S. 3412, the Mid- and then spent 5 years in the Pen- WEBB). Without objection, it is so or- dered. dle-Class Tax Cut Act, pass it now, so tagon—often working over here on the Mr. UDALL of New Mexico. Mr. the overwhelming number of families Hill—and now after 6 years in the Sen- President, I wanted to come down and in this country have certainty going ate, I can say that Senator LEVIN is a five-star committee chairman. He is talk about an amendment I am work- into this important holiday season and ing on to the Defense authorization into the new year, so they can enjoy what one always hopes for when he or she serves on a committee in the U.S. bill. Last week Senator CORKER and I the season without knowing that their filed amendment No. 3049, which would taxes are going to be going up on Janu- Congress. It has been a true honor. This committee is an example of how create an open burn pit registry in the ary 1. As of today we have 27 days be- committee work should be undertaken Defense Authorization Act. fore the vast majority of people in in the U.S. Congress. People like to say Our veterans and Active-Duty mem- America—98 percent—see tax increases this is the 51st consecutive year we bers suffering from exposure to burn occur. It makes no sense, there is no have, hopefully, been able to pass a De- pits should not have to wait any reason for it to happen, and we have al- fense authorization bill. I would sug- longer. The Senate Veterans’ Affairs ready passed a bill. If the House passes gest to my colleagues that perhaps Committee agrees and has passed the a bill, that is step one. Step one very that example should be used more legislation after holding hearings. clearly says we are all together on sup- broadly in this body. I think it would However, I understand there is cur- porting the middle class continuing make for good governance if it did. rently opposition to passing this their tax cuts. We know there is more I want to also express my apprecia- amendment via a managers’ package. to do. We are fully prepared to do that. tion to Senator MCCAIN, the Senator I would note that we have already But step one is to make sure the mid- from Arizona. I have known him as a passed two amendments dealing with dle class is not held hostage while the colleague and friend for more than 30 veterans yesterday, both the Pryor debate goes on about what should hap- years. He comes from a family that has amendment No. 3291 dealing with vet- pen for the wealthiest few in this coun- a long tradition of military service to erans employment and training and the try. our country that continues even until Reed of Rhode Island amendment No. I suggest the absence of a quorum. today. Senator MCCAIN and I have had 3165 dealing with housing assistance for f occasional disagreements on the con- veterans. Both of these were out- LEGISLATIVE SESSION duct of foreign policy, but I think it standing amendments and help main- has been very rare that we have seen tain the trust we have made to our vet- The PRESIDING OFFICER. The Sen- differently as to our views of how the erans and our current servicemembers ate will resume legislative session. Department of Defense should under- whom we have an obligation to care for f take its responsibilities. when they have completed their serv- As the subcommittee chair of the NATIONAL DEFENSE AUTHORIZA- ice. personnel subcommittee, I want to ex- In both Afghanistan and Iraq, open- TION ACT FOR FISCAL YEAR press my appreciation to my staff, air burn pits were widely used at for- 2013—Resumed. Gary Leeling, Jon Clark, Brie Fahrer, ward operating bases. Disposing of The PRESIDING OFFICER. The and Jennifer Knowles. They have al- trash and other debris was a major clerk will report the pending business. ways been accessible and extremely challenge. I believe, like the rest of my A bill (S. 3254) to authorize appropriations professional. It has been a great privi- colleagues, that if we are forever in for fiscal year 2013 for military activities of lege to work with them. debt to our veterans for their service, the Department of Defense, for military con- I also want to take a special moment we must be asking this question: How struction, and for defense activities of the of privilege here to recognize Gordon did these burn pits impact the health Department of Energy, to prescribe military Peterson, who has been my military as- of our returning heroes? This amend- personnel strengths for such fiscal year, and sistant throughout my time in the U.S. for other purposes. ment is a step toward finding the an- Senate. Gordon Peterson and I grad- swers we owe them. It is supported by Pending: uated from the Naval Academy in the numerous groups, including Burnpits Kyl modified amendment No. 3123, to re- same year. He was a very fine and re- 360, Veterans of Foreign Wars, the As- quire briefings on dialogue between the spected athlete at the Naval Academy. United States and the Russian Federation on sociation of the U.S. Navy, Retired En- He went on to become a helicopter listed Association, the Uniformed Serv- nuclear arms, missile defense, and long- pilot in combat in Vietnam. He gave range conventional strike systems. ices Disabled Retirees, and the Na- our country 30 years of distinguished Ms. STABENOW. Mr. President, I tional Military Family Association. service as a naval officer. He was later I am hopeful that we can pass this suggest the absence of a quorum. the editor in chief of Seapower maga- amendment No. 3049 through a unani- The PRESIDING OFFICER. The zine, and was a special assistant to the mous consent agreement, but I respect- clerk will call the roll. Commandant of the Coast Guard. He fully request a vote at this time if no The legislative clerk proceeded to has been unflagging in his attention to such agreement can be made. call the roll. detail in everything we have worked on I suggest the absence of a quorum. The PRESIDING OFFICER (Mr. in the last 6 years. The PRESIDING OFFICER. The AKAKA). The Senator from Virginia. We were talking a few days ago about clerk will call the roll. Mr. WEBB. Mr. President, I ask whether either of us would have The assistant legislative clerk pro- unanimous consent that the order for thought that during the days of our ceeded to call the roll. the quorum call be rescinded. plebe summers so many years ago we The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without would be sitting on the floor of the ator from Oklahoma. objection, it is so ordered. U.S. Senate as stewards of the well- Mr. COBURN. I ask unanimous con- Mr. WEBB. Mr. President, we are being of our country and of the people sent that the order for the quorum call about to wrap up the Defense bill. This who served it. I give a special thanks be rescinded. is the sixth Defense bill I have had the to Gordon Peterson as he moves on to The PRESIDING OFFICER. Without privilege of working on as a member of other challenges in his life. objection, it is so ordered.

VerDate Mar 15 2010 02:56 Dec 05, 2012 Jkt 029060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G04DE6.034 S04DEPT1 PWALKER on DSK7TPTVN1PROD with S7382 CONGRESSIONAL RECORD — SENATE December 4, 2012 Mr. COBURN. I just wanted to spend who are going to be asked to con- Defense Department, that all the costs a few minutes talking about Reed tribute as part of fixing our country are in things such as TRICARE and re- amendment No. 3255 and to point out to are going to be paying a greater price. tirement benefits and other personnel my colleagues I know this amendment I just received a book from our col- costs so we can’t provide them with will pass, but I believe we ought to be league, the Senator from Rhode Island, what they need to fight. on record as voting to add $1.7 billion SHELDON WHITEHOUSE. I received it I understand the positions of the vet- in additional funds that our kids are today, and I have already finished half erans groups in this country. I respect going to pay for. of it. It has a wonderful introduction. I them, I love them, and I appreciate This is paid for, but it is smoke and would recommend to all my col- them. But we are going to have to get mirrors. We have used a trick in how leagues—I know they will get one—to serious about entitlements for the we do this. Ultimately, what is going read it. It is a collection of thoughts military just as we are going to have to to happen is here is another bill that and sayings. If we read what Daniel get serious about entitlements for non- will require funding from the health Webster said, we read what Benjamin military. account at the Pentagon, which is in Franklin said, and we read what Win- I admit our veterans are in a special operations and maintenance, which ston Churchill has said about bowing category. No group of Americans has means we will not have $1.7 billion for to the public pressure rather than been willing to serve and sacrifice as naval exercises, for flight training, for doing the best right thing, we will not our veterans have, although there are tank training, for range training. In regret it. certainly other Americans who sac- other words, out of this account is This is a popular amendment. It is rifice and serve in many other ways. where it comes to all the preparedness. going to pass. The service organiza- I say to my friend from Oklahoma, I I must give President Obama credit. tions want us to do it, but it is not the look forward, perhaps next year—I He has recommended what the com- right thing to do. We have to begin, as hope the Reed amendment will not be mittee recommended doing for the last we negotiate, to increase revenues proposed at this time. We need to sit 21⁄2 years. Now we have an amendment from the very wealthy in this country, down with the chairman, and we will that takes where the committee went declining expenses at the Defense De- have to have some hearings to find out to, actually, a small copay, increasing partment; everybody has to share, ev- what these future costs of health care copay on pharmacy benefits for retir- erybody in America. If they don’t share will be. For example, I believe it has ees, and reverses that and forces our now, they will share much more pain- gone now from 11 percent—health care veterans to have to use mail order. I fully in the future. costs have gone from 11 percent now to am OK with mail order. I know we save I don’t have anything else to say on 13 percent of the entire defense budget, a lot of money with that, but the CBO this other than I will vote against it, and it will continue higher. We can’t says as soon as we stop this one year, not because I want veterans to have to keep doing that. the mandate is going to go back the have a copay but because I want our We adopted an amendment by Sen- other way and the cost is going to be country to get out of the hole we are ator GILLIBRAND on autism services. this amount of money. They have met in. Part of the sharing of that is a The way it is written will require an the literal requirements of pay-go, but copay on retail pharmacy. increase of $1.7 billion over the next 10 they haven’t met the functional re- I yield the floor, and I suggest the ab- years and no way to pay for it. I appre- quirements. Here we have another sence of a quorum. ciate the dedication of the Senator The PRESIDING OFFICER (Mr. amendment that we will take out of from New York, but her answer was: FRANKEN). The clerk will call the roll. the operations and maintenance ac- We would like to work with you on The legislative clerk proceeded to that. count, and that is important. But the call the roll. most important issue in this debate is We have to do more than work on it. Mr. MCCAIN. I ask unanimous con- We have to solve it. All I can say is we continue to want to have benefits sent that the order for the quorum call for our retired military that are grow- while we are waiting, I hope we under- be rescinded. stand that here it is. The DOD health ing faster than the rate of inflation— The PRESIDING OFFICER. Without certainly faster than—and not have care costs represent nearly 11 percent objection, it is so ordered. of the total budget request for DOD, them help pay for the increase in the The Senator from Arizona. and it will continue to rise to more benefits. Mr. MCCAIN. As we are wrapping up, We have $16.4 trillion worth of debt I would like to tell the Senator from than 13 percent. Then it will go even this morning. We have $88 trillion Oklahoma he is correct. higher and higher and higher. worth of unfunded liabilities, and now Former Secretary of Defense Gates, There was an editorial in the Wash- we are at this juncture where we are probably the most respected Secretary ington Post today that says, ‘‘Time to having a discussion between the Speak- of Defense we have had in many years, Rein in TRICARE.’’ It says, in part: er of the House and the President on said, ‘‘Health care costs are,’’ in his . . . the administration plans cuts, includ- how we get over the fiscal cliff and ing shrinking the Army and the Marine words, ‘‘eating us alive.’’ Corps. This is risky, given the potential start to solve some of these problems. None of us, I don’t know a single threats the United States faces. We have an amendment put up because Member of this body, no matter where Unfortunately, Congress is there is a very powerful force, all the they are, who doesn’t want to make compounding the problem by pro- service organizations and everything sure our veterans are cared for, the tecting expensive items that inflate else, that said don’t do this. widows, the orphans, the veterans, as personnel costs without any cor- Everybody in our country, if we are Abraham Lincoln described them. We responding payoff in defense readi- to get out of the problem, is going to are going to have to find ways to bring have to pay a small sacrifice. This is ness.’’ these costs under control and still, at So I would urge my colleagues to pay not a large amount of money, unless the same time, provide our veterans attention to the editorial in the Wash- you are absolutely destitute, in terms with the benefits they have earned. ington Post, ‘‘Time To Rein In of the copays. The President has rec- I know of no one who joined the mili- Tricare,’’ because I think it is impor- ommended we do that, the committee tary because of TRICARE—I hear from tant for us to understand. recommended it and we are reversing it all the retirees and all that—they Let me quote from the article: and using the gimmick so there can’t joined the military because of Tricare’s costs have surged in recent years be a budget point of order on it. TRICARE. I have not yet met a single from $19 billion in fiscal year 2001 to $52.8 bil- There will be a time in the not-too- 18-year-old, including my own son, who lion in fiscal 2011. distant future when the decisions to joined the Marine Corps who said: Gee, I repeat: In 2001 TRICARE costs were control our future will be out of our I want to join the Marine Corps be- $19 billion. In 2011 it was $52.8 billion. hands in terms of the economics and cause of TRICARE. No, they joined the Much of the growth was driven by Con- the debt. Delaying that now, because military because they want to serve gresses’ 2001 decision to add what is essen- we do not want to yield against the their country. tially a free Medigap plan for retirees over popular criticism, will cause us to pay They understand our obligation to 65. But the main issue is the ultra-low fees a further great price. The very people them is not to hand them a bankrupt and deductibles—which give retirees still of

VerDate Mar 15 2010 04:26 Dec 05, 2012 Jkt 029060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G04DE6.040 S04DEPT1 PWALKER on DSK7TPTVN1PROD with December 4, 2012 CONGRESSIONAL RECORD — SENATE S7383 working age little incentive to economize or agreed to, and the motion to reconsider ficer between the department and the advi- choose employer plans. President Obama’s be laid upon the table. sory panel. budget plan would save $12.8 billion over five The PRESIDING OFFICER. Is there (d) REPORT REQUIRED.—Not later than 120 years by gradually increasing working-age objection? days after the date that each of the members retirees’ annual enrollment fees, with lower- income retirees paying the least, and then Without objection, it is so ordered. of the advisory panel has been appointed, the adjusting them according to national health The amendments were agreed to, as advisory panel shall submit to the President, spending growth thereafter. follows: the Secretary of Defense, the Secretary of We would not be doing any of that AMENDMENT NO. 2927, AS MODIFIED Energy, the Committee on Armed Services of with this bill. We would not be doing At the end of title XXXI, add the fol- the Senate, and the Committee on Armed any of that. But I would argue this is lowing: Services of the House of Representatives an not the time now, as we finish with Subtitle D—Other Matters interim report on the feasibility and advis- ability of revising the governance structure this bill, to add another additional cost SEC. 3141. CONGRESSIONAL ADVISORY PANEL ON that we have not found ways to pay for, THE GOVERNANCE STRUCTURE OF of the Administration to permit the Admin- which consumes a larger and larger THE NATIONAL NUCLEAR SECURITY istration to operate more effectively, to be ADMINISTRATION AND ITS RELA- followed by a final report prior to the termi- part of the defense budget. TIONSHIP TO OTHER FEDERAL nation of the advisory panel in accordance The PRESIDING OFFICER. The Sen- AGENCIES. with subsection (f). The report shall include ator from Michigan. (a) ESTABLISHMENT.—There is established a Mr. LEVIN. Mr. President, in a mo- congressional advisory panel (in this section the following: (1) Recommendations with respect to the ment I am going to note the absence of referred to as the ‘‘advisory panel’’) to assess the feasibility and advisability of, and make following: a quorum unless there is someone who (A) The organization and structure of the wishes to speak. recommendations with respect to, revising the governance structure of the National Nu- Administration, including the roles, respon- I want to try to work through this clear Security Administration (in this sec- sibilities, and authorities of the Administra- pending issue. I think it is the last tion referred to as the ‘‘Administration’’) to tion and mechanisms for holding the Admin- issue we need to work through in some permit the Administration to operate more istration accountable. way before there will be a unanimous effectively. (B) The allocation of roles and responsibil- consent request that is propounded. If (b) COMPOSITION.— ities with respect to the safety and security we can figure out the best way to han- (1) MEMBERSHIP.—The advisory panel shall of the nuclear weapons complex. dle this, and then offer a unanimous be composed of 12 members appointed as fol- (C) The relationship of the Administration consent request, we will be able to lows: to the National Security Council, the Nu- (A) Three by the speaker of the Committee reach the end of the bill this very day. clear Weapons Council, the Department of on Armed Services of the House of Rep- Energy, the Department of Defense, as well So I suggest the absence of a quorum. resentatives. Oh, I withhold that. as the national security laboratories, and (B) Three by the minority leader of the other Federal agencies, as appropriate. Mr. MCCAIN. I would just ask my House of Representatives. (D) The role of the Administration in the friend—I understand we have a man- (C) Three by the majority leader of the interagency process for planning, program- agers’ package—is it his preference we Senate. ming, and budgeting with respect to the nu- have the managers’ package done at (D) Three by the minority leader of the clear weapons complex. Committee on Armed Services of the Senate. the same time as the UC; do that to- (E) Legislative changes necessary for revis- (2) CHAIRMAN; VICE CHAIRMAN.— gether? ing the governance structure of the Adminis- (A) CHAIRMAN.—The speaker of the House Mr. LEVIN. It is. tration. of Representatives and the majority leader Mr. MCCAIN. Hopefully, we will do of the Senate shall jointly designate one (F) The appropriate structure for oversight that shortly. member of the advisory panel to serve as of the Administration by congressional com- I suggest the absence of a quorum. chairman of the advisory panel. mittees. The PRESIDING OFFICER. The (B) VICE CHAIRMAN.—The minority leader (G) The length of the term of the Adminis- clerk will call the roll. of the House of Representatives and the mi- trator for Nuclear Security. The assistant legislative clerk pro- nority leader of the Senate shall jointly des- (H) The authority of the Administrator to ceeded to call the roll. ignate one member of the advisory panel to appoint senior members of the Administra- Mr. LEVIN. Mr. President, I ask serve as vice chairman of the advisory panel. tor’s staff. unanimous consent that the order for (3) PERIOD OF APPOINTMENT; VACANCIES.— (I) Whether the nonproliferation activities of the Administration on the day before the the quorum call be rescinded. Each member of the advisory panel shall be appointed for a term of one year and may be date of the enactment of this Act should re- The PRESIDING OFFICER. Without reappointed for an additional period lasting main with the Administration or be trans- objection, it is so ordered. until the termination of the advisory panel, ferred to another agency. AMENDMENTS NOS. 2927, 3019, 3062, 3113, 3175, 3241, in accordance with subsection (f). Any va- (J) Infrastructure, rules, and standards 3242, 3277, 3285, 3226, AND 3117 cancy in the advisory panel shall be filled in that will better protect the safety and health Mr. LEVIN. Mr. President, I call up a the same manner as the original appoint- of nuclear workers, while also permitting list of 11 amendments which have been ment. those workers the appropriate freedom to ef- cleared by myself and Senator MCCAIN: (c) COOPERATION FROM FEDERAL AGEN- ficiently and safely carry out their mission. Kyl amendment No. 2927, as modified CIES.— (K) Legislative or regulatory changes re- (1) COOPERATION.—The advisory panel shall by the changes at the desk; Akaka quired to improve contracting best practices receive the full and timely cooperation of in order to reduce the cost of programs with- amendment No. 3019; Toomey amend- the Secretary of Defense, the Secretary of ment No. 3062; Brown of Ohio amend- out eroding mission requirements. Energy, and any other Federal official in (L) Whether the administration should op- ment No. 3113, as modified by the providing the advisory panel with analyses, erate more independently of the Department briefings, and other information necessary changes at the desk; Rubio amendment of Energy while reporting to the President, for the advisory panel to carry out its duties No. 3175, as modified by the changes at through the Secretary of Energy. under this section. the desk; Carper amendment No. 3241; (2) An assessment of how revisions to the Carper amendment No. 3242; Thune (2) ACCESS TO INFORMATION.—Members of the advisory panel shall have access to all governance structure of the Administration amendment No. 3277, as modified by information, including classified informa- will lead to a more mission-focused manage- the changes at the desk; Moran amend- tion, necessary to carry out the duties of the ment structure capable of keeping programs ment No. 3285, as modified by the advisory panel under this section. The secu- on schedule and within cost estimates. changes at the desk; Bennet amend- rity clearance process shall be expedited for (3) An assessment of the disadvantages and ment No. 3226, as modified by the members and staff of the advisory panel to benefits of each organizational structure for changes at the desk; and Hatch amend- the extent necessary to permit the advisory the Administration considered by the advi- ment No. 3117, as modified by the panel to carry out its duties under this sec- sory panel. (4) An assessment of how the national se- changes at the desk. tion. (3) LIAISON.—The Secretary of Defense, the curity laboratories can expand basic science Mr. MCCAIN. These amendments Secretary of State, and the Secretary of En- in support of ancillary national security mis- have all been cleared on this side. ergy shall each designate at least one officer sions in a manner that mutually reinforces Mr. LEVIN. I ask unanimous consent or employee of the Department of Defense, the stockpile stewardship mission of the Ad- that the Senate consider these amend- Department of State and the Department of ministration and encourages the retention of ments en bloc, the amendments be Energy, respectively, to serve as a liaison of- top performers.

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(5) An assessment of how to better retain SEC. 344. SENSE OF THE CONGRESS ON NAVY (f) EARNED IMPORT ALLOWANCE PROGRAM and recruit personnel, including rec- FLEET REQUIREMENTS. REVIEW BY GAO.—Section 231A(b)(4) of the ommendations for creating an improved pro- It is the sense of Congress that— Caribbean Basin Economic Recovery Act (19 fessional culture that emphasizes the sci- (1) the Secretary of the Navy, in sup- U.S.C. 2703a(b)(4)) is amended— entific, engineering, and national security porting the operational requirements of the (1) by striking subparagraph (C); and objectives of the United States. combatant commands, should maintain the (2) by redesignating subparagraph (D) as (6) Any other information or recommenda- operational capability of and perform the subparagraph (C). tions relating to revising the governance necessary maintenance in each cruiser and (g) AMERICAN BATTLE MONUMENTS COMMIS- structure of the Administration that the ad- dock landing ship belonging to the Navy; SION’S FINANCIAL STATEMENTS AND AUDITS.— visory panel considers appropriate. (2) for retirements of ships owned by the Section 2103(h) of title 36, United States (e) FUNDING.—Of the amounts authorized navy prior to their projected end of service Code, is amended— to be appropriated for fiscal year 2013 and life, the Chief of Naval Operations must ex- (1) in paragraph (1), by striking ‘‘of para- made available to the Department of Defense plain to the Congressional defense commit- graph (2) of this subsection’’ and inserting pursuant to this Act, not more than tees how the retention of each ship would de- ‘‘of section 3515 of title 31’’; $1,000,000 shall be made available to the advi- grade the overall readiness of the fleet and (2) in paragraph (1), by striking ‘‘(1)’’; and sory panel to carry out this section. endanger United States National Security (3) by striking paragraph (2). (f) SUNSET.—The advisory panel estab- and the objectives of the combatant com- (h) SENATE PRESERVATION FUND AUDITS.— lished by subsection (a) of this section shall manders; and Section 3(c)(6) of the Legislative Branch Ap- be terminated on the date that is 365 days (3) revitalizing the Navy’s 30-year ship- propriations Act, 2004 (2 U.S.C. 2108(c)(6)) is after the date that each of the twelve mem- building plan should be a national priority, amended by striking ‘‘annual audits of the bers of the advisory panel has first been ap- and a commensurate amount of increased Senate Preservation Fund’’ and inserting pointed. funding should be provided to the Navy in ‘‘periodic audits of the Senate Preservation the Future Years Defense Program to help AMENDMENT NO. 3019 Fund, which shall be conducted at least once close the gap between requirements and the every 3 years, unless the Chairman or the (Purpose: To amend the Small Business Jobs current size of the fleet. Ranking Member of the Committee on Rules Act of 2010 with respect to the State Trade AMENDMENT NO. 3241 and Administration of the Senate or the Sec- and Export Promotion Grant Program) (Purpose: To repeal or modify certain man- retary of the Senate requests that an audit At the end of subtitle H of title X, add the dates of the Government Accountability be conducted at an earlier date,’’. following: Office) AMENDMENT NO. 3242 SEC. 1084. STATE TRADE AND EXPORT PRO- At the end, insert the following: MOTION GRANT PROGRAM. (Purpose: To intensify efforts to identify, Section 1207(a)(5) of the Small Business Subtitle ll—GAO Mandates Revision Act prevent, and recover payment error, waste, Jobs Act of 2010 (15 U.S.C. 649b note) is SEC. l01. SHORT TITLE. fraud, and abuse within Federal spending) amended by inserting after ‘‘Guam,’’ the fol- This subtitle may be cited as the ‘‘GAO (The amendment is printed in the lowing: ‘‘the Commonwealth of the Northern Mandates Revision Act of 2012’’. RECORD of Thursday, November 29, 2012, Mariana Islands,’’. SEC. l02. REPEALS AND MODIFICATIONS. under ‘‘Text of Amendments.’’) (a) CAPITOL PRESERVATION FUND FINANCIAL AMENDMENT NO. 3062 AMENDMENT NO. 3277, AS MODIFIED STATEMENTS.—Section 804 of the Arizona- (Purpose: To require the Government Ac- Idaho Conservation Act of 1988 (2 U.S.C. 2084) At the appropriate place, insert the fol- countability Office to include in its annual is amended by striking ‘‘annual audits of the lowing: report to Congress a list of the most com- transactions of the Commission’’ and insert- SEC. lll. SENSE OF CONGRESS REGARDING mon grounds for sustaining protests relat- ing ‘‘periodic audits of the transactions of SPECTRUM. ing to bids for contracts) the Commission, which shall be conducted at It is the sense of Congress that— At the end of subtitle E of title VIII, add least once every 3 years, unless the Chair- (1) the Nation’s mobile communications in- the following: man or the Ranking Member of the Com- dustry is a significant economic engine, by SEC. 888. INCLUSION OF INFORMATION ON COM- mittee on Rules and Administration of the one estimate directly or indirectly sup- MON GROUNDS FOR SUSTAINING Senate or the Committee on House Adminis- porting 3,800,000 jobs, or 2.6 percent of all BID PROTESTS IN ANNUAL GOVERN- tration of the House of Representatives, the United States employment, contributing MENT ACCOUNTABILITY OFFICE RE- Secretary of the Senate, or the Clerk of the $195,500,000,000 to the United States gross do- PORTS TO CONGRESS. House of Representatives requests that an mestic product and driving $33,000,000,000 in The Comptroller General of the United audit be conducted at an earlier date,’’. productivity improvements in 2011; States shall include in the annual report to (b) JUDICIAL SURVIVORS’ ANNUITIES FUND (2) while wireless carriers are continually Congress on the Government Accountability AUDIT BY GAO.— implementing new and more efficient tech- Office each year a list of the most common (1) IN GENERAL.—Section 376 of title 28, nologies and techniques to maximize their grounds for sustaining protests relating to United States Code, is amended— existing spectrum capacity, there is a press- bids for contracts during such year. (A) by striking subsection (w); and ing need for additional spectrum for mobile AMENDMENT NO. 3113, AS MODIFIED (B) by redesignating subsections (x) and (y) broadband services, with one report pre- At the end of subtitle E of title VIII, add as subsections (w) and (x), respectively. dicting that global mobile data traffic will the following: (2) TECHNICAL AND CONFORMING AMEND- increase 18-fold between 2011 and 2016 at a compound annual growth rate of 78 percent, SEC. 888. SMALL BUSINESS HUBZONES. MENT.—Section 376(h)(2) of title 28, United reaching 10.8 exabytes per month by 2016; (a) DEFINITION.—In this section, the term States Code, is amended by striking ‘‘sub- (3) as the Nation faces the growing demand ‘‘covered base closure area’’ means a base section (x)’’ and inserting ‘‘subsection (w)’’. for spectrum, consideration should be given closure area that, on or before the date of en- (c) ONDCP ANNUAL REPORT REQUIRE- to both the supply of spectrum for licensed actment of this Act, was treated as a MENT.—Section 203 of the Office of National networks and for unlicensed devices; HUBZone for purposes of the Small Business Drug Control Policy Reauthorization Act of (4) while this additional demand can be Act (15 U.S.C. 631 et seq.) pursuant to section 2006 (21 U.S.C. 1708a) is amended— met in part by reallocating spectrum from 152(a)(2) of the Small Business Reauthoriza- (1) in subsection (a), by striking ‘‘of each existing non-governmental uses, the long- tion and Manufacturing Assistance Act of year’’ and inserting ‘‘, 2013, and every 3 years term solution must include reallocation and 2004 (15 U.S.C. 632 note). thereafter,’’; and (2) in subsection (b), in the matter pre- sharing of Federal Government spectrum for (b) TREATMENT AS HUBZONE.— private sector use; (1) IN GENERAL.—Subject to paragraph (2), ceding paragraph (1), by striking ‘‘at a fre- (5) recognizing the important uses of spec- a covered base closure area shall be treated quency of not less than once per year—’’ and trum by the Federal Government, including as a hubzone the purposes of the Small Busi- inserting ‘‘not later than December 31, 2013, for national and homeland security, law en- ness Act (15 U.S.C. 631 et seq.) During the 5- and every 3 years thereafter—’’. (d) USERRA GAO REPORT.—Section forcement and other critical federal uses, ex- year period beginning on the date of enact- 105(g)(1) of the Veterans’ Benefits Act of 2010 isting law ensures that Federal operations ment of this Act. (Public Law 111–275; 38 U.S.C. 4301 note) is are not harmed as a result of a reallocation (2) LIMITATION.—The total period of time of spectrum for commercial use, including that a covered base closure area is treated as amended by striking ‘‘, and annually there- through the establishment of the Spectrum a hubzone for purposes of the Small Business after during the period when the demonstra- Relocation Fund to reimburse Federal users Act (15 U.S.C. 631 et seq) pursuant to this tion project is conducted,’’. (e) SEMIPOSTAL PROGRAM REPORTS BY THE for the costs of planning and implementing section and section 152(a)(2) of the Small GENERAL ACCOUNTING OFFICE.—Section 2 of relocation and sharing arranagements and, Business Reauthorization and Manufacturing the Semipostal Authorization Act (Public with respect to spectrum vacated by the De- Assistance Act of 2004 (15 U.S.C. 632 note) Law 106–253; 114 Stat. 636; 39 U.S.C. 416 note) partment of Defense, certification under sec- may not exceed 5 years. is amended— tion 1062 of P.L. 106–65 by the Secretaries of AMENDMENT NO. 3175, AS MODIFIED (1) by striking subsection (c); and Defense and Commerce and the Chairman of At the end of subtitle E of title III, add the (2) by redesignating subsections (d) and (e) the Joint Chiefs of Staff that replacement following: as subsections (c) and (d), respectively. spectrum provides comparable technical

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characteristics to restore essential military ‘‘(3) ELIGIBLE SCHOOL.—The term ‘eligible nical teacher for not less than 3 school years capability; school’ means— in an eligible school, to begin the school year (6) given the need to determine equitable ‘‘(A) a public school, including a charter after obtaining that certification or licens- outcomes for the Nation in relation to spec- school, at which— ing.’’; and trum use that balances the private sector’s ‘‘(i) at least 30 percent of the students en- (B) by striking subsection (f) and inserting demand for spectrum with national security rolled in the school are from families with the following: and other critical federal missions, all inter- incomes below 185 percent of poverty level ‘‘(f) REIMBURSEMENT UNDER CERTAIN CIR- ested parties should be encouraged to con- (as defined by the Office of Management and CUMSTANCES.—A participant who is paid a tinue the collaborative efforts between in- Budget and revised at least annually in ac- stipend or bonus shall be subject to the re- dustry and government stakeholders that cordance with section 9(b)(1) of the Richard payment provisions of section 373 of title 37, have been launched by the National Tele- B. Russell National School Lunch Act (42 United States Code under the following cir- communications and Information Adminis- U.S.C. 1758(b)(1)) applicable to a family of cumstances: tration to assess and recommend practical the size involved; or ‘‘(1) FAILURE TO OBTAIN QUALIFICATIONS OR frameworks for the development of reloca- ‘‘(ii) at least 13 percent of the students en- EMPLOYMENT.—The participant fails to ob- tion, transition, and sharing arrangements rolled in the school qualify for assistance tain teacher certification or licensing or to and plans for 110 megahertz of federal spec- under part B of the Individuals with Disabil- meet the requirements necessary to become trum in the 1695–1710 MHz and the 1755–1850 ities Education Act; or a teacher in an eligible school or to obtain MHz bands. ‘‘(B) a Bureau-funded school as defined in employment as an elementary school teach- AMENDMENT NO. 3285, AS MODIFIED section 1141 of the Education Amendments of er, secondary school teacher, or vocational In lieu of the matter proposed to be in- 1978 (25 U.S.C. 2021). or technical teacher as required by the par- serted, insert the following: ‘‘(4) HIGH-NEED SCHOOL.—Except for pur- ticipation agreement. poses of section 2304(d), the term ‘high-need ‘‘(2) TERMINATION OF EMPLOYMENT.—The SEC. 1064. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON DE- school’ means— participant voluntarily leaves, or is termi- PARTMENT OF DEFENSE SPENDING ‘‘(A) an elementary school or middle school nated for cause from, employment as an ele- FOR CONFERENCES AND CONVEN- in which at least 50 percent of the enrolled mentary school teacher, secondary school TIONS. students are children from low-income fami- teacher, or vocational or technical teacher Not later than 180 days after the date of lies, based on the number of children eligible during the 3 years of required service in vio- the enactment of this Act, the Comptroller for free and reduced priced lunches under the lation of the participation agreement. General of the United States shall submit to Richard B. Russell National School Lunch ‘‘(3) FAILURE TO COMPLETE SERVICE UNDER the congressional defense committees a re- Act (42 U.S.C. 1751 et seq.), the number of RESERVE COMMITMENT AGREEMENT.—The par- port setting forth an assessment of Depart- children in families receiving assistance ticipant executed a written agreement with ment of Defense spending for conferences under the State program funded under part the Secretary concerned under section and conventions. The report shall include, at A of title IV of the Social Security Act (42 2303(e)(2) to serve as a member of a reserve a minimum, an assessment of the following: U.S.C. 601 et seq.), the number of children el- component of the Armed Forces for a period (1) The extent to which Department spend- igible to receive medical assistance under of 3 years and fails to complete the required ing for conferences and conventions has been the Medicaid program, or a composite of term of service.’’. wasteful or excessive. these indicators; (f) EFFECTIVE DATE.—The amendments (2) The actions the Department has taken ‘‘(B) a high school in which at least 40 per- made by subsections (b) through (e) shall to control spending for conferences and con- cent of enrolled students are children from take effect on the first day of the first ventions, and the efficacy of those actions. low-income families, which may be cal- month beginning more than 90 days after the (3) Any fees incurred for the cancellation culated using comparable data from feeder date of the enactment of this Act. of conferences or conventions and an evalua- schools; or AMENDMENT NO. 3117, AS MODIFIED tion of the impact of cancelling conferences ‘‘(C) a school that is in a local educational At the end of subtitle C of title III, add the and conventions. agency that is eligible under section following: AMENDMENT NO. 3226, AS MODIFIED 6211(b).’’. SEC. 322. RATING CHAINS FOR SYSTEM PROGRAM (c) PROGRAM AUTHORIZATION.—Section 2302 At the end of subtitle F of title V of divi- MANAGERS. sion A, add the following: of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6672(b)) is amended by The Secretary of the Air Force, in man- SEC. 561. TROOPS-TO-TEACHERS PROGRAM EN- striking subsections (b) through (e) and in- aging system program management respon- HANCEMENTS. serting the following: sibilities for sustainment programs not as- (2) MEMORANDUM OF AGREEMENT.—The Sec- ‘‘(b) PROGRAM AUTHORIZED.—The Secretary signed to a program executive officer or a di- retary of Defense and the Secretary of Edu- may carry out a program (to be known as the rect reporting program manager, shall com- cation shall enter into a memorandum of ‘Troops-to-Teachers Program’) to assist eli- ply with the Department of Defense instruc- agreement pursuant to which the Secretary gible members of the Armed Forces de- tions regarding assignment of program re- of Education will undertake the following: scribed in section 2303(a) to obtain certifi- sponsibility. (A) Disseminate information about the cation or licensing as elementary school Mr. LEVIN. Madam President, I sug- Troops-to-Teachers Program to eligible teachers, secondary school teachers, or voca- schools (as defined in section 2301(3) of the gest the absence of a quorum. tional or technical teachers to meet the re- The PRESIDING OFFICER (Mrs. Elementary and Secondary Education Act of quirements necessary to become a teacher in 1965 (20 U.S.C. 6671(3)), as added by subsection an eligible school. SHAHEEN). The clerk will call the roll. (b)(2)). (d) YEARS OF SERVICE REQUIREMENTS.—Sec- The bill clerk proceeded to call the (B) Advise the Department of Defense on tion 2303(a)(2)(A)(i) of the Elementary and roll. how to prepare eligible members of the Secondary Education Act of 1965 (20 U.S.C. Mr. LEVIN. Madam President, I ask Armed Forces described in section 2303(a) of 6673(a)(2)(A)(i)) is amended by striking ‘‘6 or unanimous consent that the order for such Act to become participants in the Pro- more years’’ and inserting ‘‘4 or more years’’. the quorum call be rescinded. gram to meet the requirements necessary to (e) PARTICIPATION AGREEMENT.— The PRESIDING OFFICER. Without become a teacher in an eligible school. (1) AMENDMENT.—Section 2304 of the Ele- (C) Advise the Department of Defense on mentary and Secondary Education Act of objection, it is so ordered. how to identify teacher preparation pro- 1965 (20 U.S.C. 6674) is amended— Mr. LEVIN. Madam President, I ask grams for participants in the Program. (A) by striking paragraph (1) of subsection unanimous consent that the only addi- (D) Inform the Department of Defense of (a) and inserting the following: tional first-degree amendment remain- academic subject areas with critical teacher ‘‘(1) IN GENERAL.—An eligible member of ing in order to the bill be the following: shortages. the Armed Forces selected to participate in McCain amendment No. 3262, on Syria, (E) Identify geographic areas with critical the Program under section 2303 and to re- as modified with changes that are at teacher shortages, especially in high-need ceive financial assistance under this section schools (as defined in section 2301(4) of such shall be required to enter into an agreement the desk; that there be 20 minutes Act, as added by subsection (b)(2)). with the Secretary in which the member equally divided in the usual form on (b) DEFINITIONS.—Section 2301 of the Ele- agrees— the amendment; that any remaining mentary and Secondary Education Act of ‘‘(A) within such time as the Secretary time prior to 4:30 p.m. be equally di- 1965 (20 U.S.C. 6671) is amended— may require, to obtain certification or li- vided between the chairman and rank- (1) by redesignating paragraphs (2) through censing as an elementary school teacher, ing member for general debate on the (5) as paragraphs (5) through (8), respec- secondary school teacher, or vocational or bill; that at 4:30 p.m., all postcloture tively; and technical teacher to meet the requirements time be considered expired; that the (2) by inserting after paragraph (1) the fol- necessary to become a teacher in an eligible lowing: school; and Senate proceed to votes in relation to ‘‘(2) CHARTER SCHOOL.—The term ‘charter ‘‘(B) to accept an offer of full-time employ- the McCain amendment, as modified; school’ has the meaning given that term in ment as an elementary school teacher, sec- that no amendments be in order to the section 5210. ondary school teacher, or vocational or tech- amendment prior to the vote; that

VerDate Mar 15 2010 02:56 Dec 05, 2012 Jkt 029060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\A04DE6.010 S04DEPT1 PWALKER on DSK7TPTVN1PROD with S7386 CONGRESSIONAL RECORD — SENATE December 4, 2012 upon disposition of the McCain amend- (2) ADDITIONAL GOALS.—The military ac- more or less of a threat in Libya today ment, the Senate agree to the pending tivities identified for purposes of the report since the rebels have won the civil war. Kyl amendment, which is a Kyl-Kerry shall also meet the goals as follows: I don’t think we know for certain what amendment, No. 3123, as modified; that (A) That the United States Armed Forces a rebel government in Syria will do conduct such activities with foreign allies or upon disposition of the Kyl amend- partners. with the 1 million Christians who live ment, the Senate proceed to a vote on (B) That United States ground troops not in Syria. passage of S. 3254, as amended; that be deployed onto Syrian territory. Since the Iraq war, hundreds of thou- upon passage of S. 3254, the Armed (C) That the risk to civilians on the ground sands of Christians have fled Iraq and Services Committee be discharged from in Syria be limited. gone to Syria. Even after the war, ap- further consideration of H.R. 4310 and (D) That the risks to United States mili- parently Syria was seen as more of a the Senate proceed to its consider- tary personnel be limited. tolerant nation than Iraq. Will a rebel ation; that all after the enacting clause (E) That the financial costs to the United Islamic government in Syria tolerate States be limited. or persecute Christians? Will a rebel Is- be stricken and the text of S. 3254, as (c) ELEMENTS ON POTENTIAL MILITARY AC- amended and passed by the Senate, be TIVITIES.—The report required by subsection lamic government institute the death inserted in lieu thereof; that H.R. 4310, (a) shall include a comprehensive descrip- penalty for blasphemy, for conversion, as amended, be read a third time, tion, evaluation, and assessment of the po- or for apostasy? Will they have a true passed, and the motion to reconsider be tential effectiveness of the following mili- democracy, a secular government, or laid upon the table; that the Senate in- tary activities, as required by subsection (a): will they have a Syrian rebel govern- sist on its amendment, request a con- (1) The deployment of air defense systems, ment that is less tolerant than what ference with the House on the dis- such as Patriot missile batteries, to neigh- they currently have? In many ways the boring countries for the purpose of denying agreeing votes of the two Houses and or significantly degrading the operational Arab spring has become the Arab win- that the Chair be authorized to appoint capability of Syria aircraft. ter. conferees on the part of the Senate, (2) The establishment of one or more no-fly In Egypt we have a leader from the with the Armed Services Committee zones over key population centers in Syria. Muslim Brotherhood who recited amen appointed as conferees; that no points (3) Limited air strikes to destroy or signifi- when a radical cleric stood up and said: of order be considered waived by virtue cantly degrade Syria aircraft. Death to Israel. As a radical cleric of this agreement, all with no inter- (4) Such other military activities as the said: Death to Israel and anyone who vening action or debate; and finally Secretary considers appropriate to achieve supports them, this Muslim Brother- the goals stated in subsection (b). hood leader of Egypt that came out of that the bill be printed as passed by (d) ELEMENTS IN DESCRIPTION OF POTENTIAL the Senate. MILITARY ACTIVITIES.—For each military ac- the Arab spring is nodding his head in The PRESIDING OFFICER. Is there tivity that the Secretary identifies in sub- assent and seemed to be chanting objection? Without objection, it is so section (c), the comprehensive description of amen. ordered. such activities under that subsection shall Will they seek peace with Israel or Mr. LEVIN. Madam President, I include, but not be limited to, the type and war? Will the Syrian rebels seek a sec- thank all of our colleagues. the number of United States military per- ular government or one ruled by Madam President, I ask unanimous sonnel and assets to be involved in such ac- Shari’a? I think there are many un- consent that I be added as a cosponsor tivities, the anticipated duration of such ac- knowns we need to be asking ourselves tivities, and the anticipated cost of such ac- of the McCain amendment and that tivities. The report shall also identify what before we involve ourselves in a civil Senator COONS also be added as a co- elements would be required to maximize the war. sponsor of the McCain amendment. effectiveness of such military activities. Secondly, I think it is a bad idea to The PRESIDING OFFICER. Without (e) NO AUTHORIZATION FOR USE OF MILITARY discuss contingency plans for war. objection, it is so ordered. FORCE.—Nothing in this section shall be con- While I am in favor of the Senate re- The Senator from Arizona. strued as a declaration of war or an author- taining our prerogative to declare war, AMENDMENT NO. 3262, AS MODIFIED ization for the use of force. I believe that the details of the execu- (f) The report required in subsection (a) Mr. MCCAIN. Madam President, I call tion of war are in the purview of the shall be delivered in classified form. up amendment No. 3262, as modified. Executive. In other words, we do have The PRESIDING OFFICER. The Mr. MCCAIN. Madam President, I be- the power to begin or to not begin a clerk will report. lieve the Senator from Kentucky is war. That is the power the Constitu- The bill clerk read as follows: here to speak on the amendment. tion gave us, but I don’t think the Con- The Senator from Arizona [Mr. MCCAIN] The PRESIDING OFFICER. The Sen- stitution intended to have 535 generals. roposes an amendment numbered 3262, as ator from Kentucky. I don’t think it intended to have us ex- modified. Mr. PAUL. Madam President, the plicitly talking about every contin- The amendment is as follows: amendment before us requires that the gency plan for every possible war in AMENDMENT NO. 3262, AS MODIFIED President submit a plan for a no-fly every corner of the globe. At the end of subtitle C of title XII, add zone for Syria. I want to compliment Our Defense Department, no doubt, the following: the authors for including in this has contingency plans for a ballistic SEC. 1233. REPORT ON MILITARY ACTIVITIES TO amendment a clause that says nothing missile attack on the United States, a DENY OR SIGNIFICANTLY DEGRADE in this amendment shall be construed conventional land invasion, naval or THE USE OF AIR POWER AGAINST CI- as a declaration of war or an authoriza- VILIAN AND OPPOSITION GROUPS IN air encounters throughout the world, SYRIA. tion for the use of force. I think it is but we don’t necessarily openly discuss (a) REPORT REQUIRED.—Not later than 90 very important in our Nation today them or encourage them. I don’t think days after the date of the enactment of this that we are not saying we are starting, it is best to openly discuss these plans Act, the Secretary of Defense shall, in con- beginning, or getting involved in a new for defending against an attack and es- sultation with the Chairman of the Joint war. pecially not for involving ourselves in Chiefs of Staff, submit to the congressional However, I do think this amendment a civil war. defense committees a report identifying the is ill-advised for two reasons. No. 1, I limited military activities that could deny Our Nation and our soldiers are or significantly degrade the ability of Presi- don’t think I know with certainty weary of war. Our Nation yearns for dent Bashar al-Assad of Syria, and forces whether the Syrian rebels will be free- leaders who will strive to keep us out loyal to him, to use air power against civil- dom-loving, tolerant, constitution- of war. Our Nation yearns for leaders ians and opposition groups in Syria. toting believers in a republican form of who are reluctant to begin a new war (b) NATURE OF MILITARY ACTIVITIES.— government or whether they will insti- or get involved in a new war. I hope my (1) PRINCIPAL PURPOSE.—The principal pur- tute an Islamic republic that will have colleagues today will not encourage a pose of the military activities identified for no tolerance for Christians and no tol- rush to war by publicly clamoring for a purposes of the report required by subsection erance for people of any other faith. (a) shall be to advance the goals of President plan to become involved in Syria’s civil Obama of stopping the killing of civilians in It still remains to be seen whether a war. Syria and creating conditions for a transi- secular government will be established I yield the floor. tion to a democratic, pluralistic political in Libya, Tunisia, or Egypt. There is The PRESIDING OFFICER. The Sen- system in Syria. the question of whether al-Qaida is ator from Delaware.

VerDate Mar 15 2010 02:56 Dec 05, 2012 Jkt 029060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G04DE6.051 S04DEPT1 PWALKER on DSK7TPTVN1PROD with December 4, 2012 CONGRESSIONAL RECORD — SENATE S7387 Mr. COONS. Madam President, I rise clear that it will not consider ground we might stop Bashar al-Assad’s air today to speak in favor of amendment troops being deployed onto Syrian ter- force from committing acts of murder No. 3262, which I am honored to cospon- ritory. It will only look at a means against his own people. In my way of sor with Senators MCCAIN and LEVIN. I that might be used by the United thinking, to tell the truth, it is two thank the Senators for their dis- States or our allies to stop Assad’s things: One, this amendment is simply ciplined, diligent, and very strong lead- reckless, relentless criminal use of air- a way of saying that we in the Senate ership of this year’s NDAA process. power to murder his own civilians and are concerned and care about the This is an authorization bill that has his own citizens. slaughter that is going on in Syria and been taken up and considered by the I have been heartbroken as I have agitated that the United States and Senate for 52 years, and despite a lot of read account after account of jets and the rest of the world is not doing more challenges and a lot of difficulties we helicopters being used to stray from to come to the assistance of those who had getting to bills, getting past objec- red lines, being used to bomb hospitals are fighting for their freedom and lives tions, getting to reasonable processes and schools, and of the thousands of in- in Syria. and amendments, these two fine Sen- nocents who have died. I want to point out that there are a ators have led admirably in a very dif- The Syrian civil war is a very com- lot of options for the Pentagon to ficult environment. plex conflict. Senator PAUL asked what study. One is a traditional no-fly zone. This amendment does what I think I really think is the central question. We know a lot of people in the Pen- we need to do next, to put before the He said: How can we be confident that tagon are concerned that to carry out a Senate in an appropriate classified set- the opposition will be tolerant, inclu- traditional no-fly zone with our air- ting useful information about the pos- sive, peaceful, and that it will not pros- craft, we need to spend a lot of time sibilities before us and before our allies ecute or persecute Christians; that and energy and assume risks to knock in a very difficult and very complex re- they will be an ally to Israel and not out the Syrian air defenses. Well gion that is, as Senator PAUL has impose the sorts of threats and difficul- enough. noted, currently undergoing dramatic ties he cited from Libya, Egypt, and But there are other ways to achieve conflict. other countries? That is exactly the the goal of keeping Assad’s aircraft Let me speak to a few points that core question at issue for us going for- from destroying Syria’s people. One is persuaded me to join Senator MCCAIN ward: Should the United States stand to use Patriot antimissile batteries to and Senator LEVIN in cosponsoring this on the sidelines as Bashar al-Assad keep Syrian planes—placed in Turkey amendment. massacres tens of thousands more of and Jordan—out of the air. The second, First, despite the comments from my his civilians or should we consider of course, that I can think of is to fire colleague from Kentucky, these plans what ways we can be involved through precision guided missiles from offshore will be delivered to the Senate in clas- providing humanitarian assistance? to hit the Syrian Air Force on the sified form. They will not be accessible Should we support our regional al- ground so it cannot take off. to the general public, and they will not lies, Turkey and Jordan, through mul- All of those should be considered as be broadcast to our opponents or those tilateral engagement, supporting Tur- part of this study, as the most obvious, who might seek to learn about Amer- key’s request to NATO for defensive which is to make sure that the freedom ica’s plans. They will only be delivered material? Should we better learn and fighters on the ground have their own in classified form. understand what the opposition on the antiaircraft weapons to fire from the Second, and I think most important, ground is inclined to do and set clear ground at Assad’s aircraft so they can it is explicit in this amendment that standards for how, if they demonstrate protect their own lives. nothing in this section shall be con- they are reliable partners in pursuing The truth is, in supporting this strued as a declaration of war or an au- peace and if they commit themselves amendment, I come to say that I con- thorization for the use of force. Sen- to the elements of the national coali- tinue to be troubled, deeply, by why ator PAUL’s repeated concerns that we tion and the Free Syrian Army and to the United States and so much of the are rushing headlong into an over- being exactly what Senator PAUL rest of the civilized world is standing engagement in a civil war that is best would hope—tolerant, inclusive, pro- by and letting this happen. To me—and left to the people of Syria is reflected democracy—why would we stand on the I speak only personally, and I do so clearly and in plain language in that sidelines of history and allow Islamic with respect—getting involved in this provision within this amendment. extremists to instead write the future on behalf of the opposition in Syria has Earlier today we took up and voted of the Syrian people? been now for 18 months as close to a on the Convention on the Rights of For these and many reasons I am no-brainer as America ever has the op- Persons with Disabilities. I spoke to grateful for the opportunity to join portunity to get involved in in foreign this issue as well. Despite the plain with Senators MCCAIN and LEVIN in co- policy. language of that convention that would sponsoring this amendment. I say that because from the begin- prevent it from having any of the nox- Mr. MCCAIN. Madam President, I ask ning we knew which side was fighting ious impacts it would have on families unanimous consent that the Senator for freedom and which side was against in the United States, despite the plain from Connecticut be allowed 4 minutes, it. And America is supposed to be on language of that convention and the the Senator from Michigan be allowed the side of the freedom fighters. Sec- various restrictions and reservations 3 minutes, and I be allowed 2 minutes ondly, this has developed into a hu- that were added to it, it would have no before the vote. manitarian disaster: 40,000 people impact on homeschooling and no im- The PRESIDING OFFICER. Without killed. And, third, we have not just hu- pact on reproductive rights in the objection, it is so ordered. manitarian interests here and values United States. It would have no impact The Senator from Connecticut. interests, we have strategic interests on any of the variety of things that Mr. LIEBERMAN. Madam President, because Assad’s government is the No. were cast about on the floor of the Sen- I am honored to rise to support this 1 friend of our No. 1 enemy in the ate today. So, too, here we should not amendment and just to make a few world, which is the Islamic Republic of allow—despite this plain language— points. The first is to assure all of our Iran. If he goes down, Iran and its rad- Senators to mislead our colleagues into colleagues that this is just an amend- ical regime suffers a body blow. If we thinking that somehow secretly em- ment that asks the Pentagon to con- continue to stand back, we run the risk bedded within this is an authorization duct a study. It is nothing more than of terrible sectarian conflict in Syria, for the use of force. that. I want to particularly say that to which runs the risk of spreading be- So what is this? This is asking that reassure anyone who is concerned that yond, between Sunni and Shia, also be- the United States, in consultation be- somehow this is an authorization for tween secular and religious modern- tween the Department of Defense and the use of military force. Look at the izers and people who do not want to this Senate, make reasonable assess- wording. That is just not the case. modernize. ments of what our path forward in All we are debating and voting on is We have every good reason to come dealing with the tragic situation in whether the Pentagon should be asked to the aid of these people in need, and Syria might be. This amendment is to do a study of the possibility of how I do not see an argument for not at

VerDate Mar 15 2010 02:56 Dec 05, 2012 Jkt 029060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G04DE6.054 S04DEPT1 PWALKER on DSK7TPTVN1PROD with S7388 CONGRESSIONAL RECORD — SENATE December 4, 2012 least studying how we might better do This year, the Armed Services Com- The suffering of the Syrian people that. mittee accepted language I offered to and, increasingly, the people of the re- I thank my colleagues. I am proud to extend the prohibition of funds for gion continues to grow daily. This support the amendment. LEED until 6 months after the cost- amendment tells the Secretary of De- I yield the floor. benefit study is reported to Congress. fense and the Chairman of the Joint The PRESIDING OFFICER. The Sen- I look forward to the findings of this Chiefs that we want a classified assess- ator from Mississippi. study but remain concerned about ment of the effectiveness of various Mr. WICKER. Madam President, I DOD’s adoption of any green building military solutions to the problems that wonder if I might be able to proceed for standards that are not transparent and are there in Syria and in the region. 1 minute before we begin the votes. consensus-based. This information is going to help in- Mr. MCCAIN. Madam President, I ask I have yet another amendment that form Congress on the challenges and unanimous consent that 1 minute be would direct DOD to utilize green added and that the Senator from Mis- the obstacles to various solutions, in- building standards that are driven by cluding the very challenges and ques- sissippi be recognized for that 1 consensus as determined by the Amer- minute. tions which were identified by Senator ican Nationa Standards nstitute, and PAUL. Those are the kinds of ques- The PRESIDING OFFICER. Without include sufficient input from all af- objection, it is so ordered. tions—not the total list, but the kinds fected stakeholders. of questions—which this assessment The Senator from Mississippi. My amendment also would support Mr. WICKER. Madam President, I will help us to address. It will also help green building standards that consider thank my colleagues for allowing me inform us about the budget and the the full environmental benefits pro- to breeze in here at the last moment. policy decisions that the congressional I would like to speak today about a vided by a building material through- defense committees make in the up- Department of Defense policy that has out its lifetime. Life Cycle Assessment coming fiscal year. an impact on American jobs and is in is a science-based approach used to The principal purpose of this amend- urgent need of greater transparency. measure these benefits. ment, as is stated in the amendment, is Together, I believe these provisions Until recently, this policy picked in- ‘‘to advance the goals of President would create a level playing field for dustry winners and losers. We must en- Obama of stopping the killing of civil- materials to compete for green build- sure that the Federal Government’s ians in Syria and creating conditions ing and energy savings in DOD con- adopted standards for green buildings for a transition to a democratic, plu- struction. are consensus-based, fair, and estab- The Federal Government should be in ralistic political system in Syria.’’ lished by sound science. the business of choosing winners and That is what is on the mind, I believe, Before last year’s Defense authoriza- losers, Adoption of LEED only—or/any of all of us. tion bill was signed into law, the De- other green building standard not de- This report—an assessment, to use partment of Defense exclusively recog- veloped by consensus—would discrimi- the word in the amendment—is criti- nized or showed preference for a single nate against American-made products, cally important to Congress, and I very green building rating system. reduce transparency, impact jobs, and much support the effort of Senator The U.S. Green Building Council’s MCCAIN and thank him for it. Leadership in Energy and Environ- ultimately undermine energy savings and sustainability sought using tax- The PRESIDING OFFICER. The Sen- mental Design—or LEED—became ator from Arizona. DOD’s adopted benchmark for green payer dollars. Although I am going to withhold my Mr. MCCAIN. Madam President, I building. amendment, I will continue to closely would point out again that section This raised concerns, primarily be- (d)(e) of this amendment says: cause LEED standards are not devel- monitor this issue to ensure that fair competition is part of DOD’s construc- NO AUTHORIZATION FOR USE OF MILITARY oped in a transparent manner and do FORCE.—Nothing in this section shall be con- not allow meaningful input from all af- tion of green buildings. I want to thank the chairman, rank- strued as a declaration of war or an author- fected stakeholders. ing member, and all the members of ization for the use of force. For example, for some reason LEED And it will be in ‘‘classified form.’’ standards are unreasonably biased the committee. In conclusion, as we have learned, Yesterday, this was the front-page against American timber. headline of the Washington Post: Obtaining the highest LEED certifi- there is more than one way to have green building standards. The Defense Obama Sternly Warns Syria. There is cations often requires green buildings no doubt that as this conflict has to exclude domestic wood. Instead, the Department has tilted toward the LEED standards in the past. I think we dragged on and on, the risk of a wider use of bamboo, often shipped from conflict and terrible consequences can overseas, is favored over more cost-effi- have authorized now a scientific anal- ysis of other methods that is pro- ensue. It is well known that Bashar cient local timber. Assad has a very large inventory of The next version of LEED threatens ceeding apace. I had planned to offer chemical weapons, including sarin gas, to eliminate the use of other approved yet another amendment which would which is a deadly nerve agent. materials and proven products that are be withdrawn directing that the De- I am not predicting that the United currently used to achieve true energy partment of Defense utilize green States has to be involved, but there is savings. building standards that are driven by It makes sense to anticipate that a consensus as determined by the Amer- very little doubt in anyone’s mind that blanket adoption of LEED by the De- ican National Standards Institute. As I as this conflict escalates, the risk of partment of Defense would have a sig- say, I am withholding that amend- spreading, the risk of greater jihadist nificant impact on American industry. ment. involvement, the greater risk of prob- To put the scope of DOD’s green I do appreciate the language that is lems on the borders of Lebanon, of building policies into perspective: DOD in the bill now, and I think we will end Iraq, of Jordan increase. has more than 500,000 facilities, cov- up with green building standards that And if military action has to be ering more than 2 billion square feet. If save energy and serve the purposes of taken in order, for example, to prevent we combined all of the nearly 5,000 national defense and do not tilt toward sarin gas to be used, the Congress of Wal-Mart buildings in America, it one industry over the other. the United States has to be involved. would make up about a third of DOD’s I thank the Presiding Officer for her We have a thing called the War Powers real estate. indulgence, I thank my colleagues on Act. The War Powers Act expressly That is why I fought for language— the committee, and I yield the floor. calls that Congress make decisions. included in the 2012 Defense authoriza- AMENDMENT NO. 3262, AS MODIFIED The Congress needs to be informed. I tion conference report—requiring DOD The PRESIDING OFFICER. The Sen- believe all this amendment does is in- to conduct a cost-benefit analysis of ator from Michigan. forms, in a classified manner, the De- various green building rating systems. Mr. LEVIN. Madam President, I very fense committees so that we will have Last year’s Defense authorization much support the amendment offered the information necessary to under- conference report prohibited the use of by Senator MCCAIN and thank him for stand the various eventualities that funds to implement LEED standards. it. could result in this terribly, terribly

VerDate Mar 15 2010 02:56 Dec 05, 2012 Jkt 029060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G04DE6.055 S04DEPT1 PWALKER on DSK7TPTVN1PROD with December 4, 2012 CONGRESSIONAL RECORD — SENATE S7389 escalating and deteriorating situation KYL AMENDMENT NO. 3213, AS MODIFIED vessel naming. Traditional sources for in Syria. The PRESIDING OFFICER. Under vessel names customarily encompassed As my friend from Connecticut said, the previous order, amendment No. categories such as geographic locations 40,000 people have already been slaugh- 3123, as modified, is agreed to. in the United States; historic sites, tered. I think the U.S. Congress needs EXPORT CONTROLS REFORM battles, and ships; naval and military to be made aware not of what we Mr. BENNET. Madam President, I heroes and leaders; and, other noted in- should do but what we can do in case of rise to engage the chairman of the dividuals who have made distinguished that eventuality. I urge my colleagues Armed Services Committee in a col- contributions to the Navy or our Na- to vote for the amendment. loquy. tion’s national security. The name the I thank my colleagues. I thank the Mr. LEVIN. I would be happy to have Navy selects for a vessel should reflect Senator from Connecticut, the Senator a colloquy with the Senator from Colo- the very best of our Nation’s and our from Delaware, and, of course, the rado. Navy’s great heritage. It should impart chairman of the committee. Mr. BENNET. Earlier this year, I in- a sense of honor and serve as an inspi- I yield the floor. troduced a bill that reforms export ration for the vessel’s crew. It should The PRESIDING OFFICER. Under controls on satellites and their related not, in any way, be tarnished by con- the previous order, all postcloture time items. Under the current law, satellites troversy. Unfortunately, controversy is expired and the question occurs on must be subject to the most restrictive and criticism have surrounded some of agreeing to McCain amendment No. export controls regardless of whether the Secretary’s recent vessel naming 3262, as modified. they are sensitive, militarily signifi- choices. Mr. LEVIN. Madam President, I ask cant, or widely available outside of the This amendment seeks to avoid simi- for the yeas and nays. U.S. This has both diminished our Na- lar controversy in the future. It sets The PRESIDING OFFICER. Is there a tion’s economic competitiveness and forth necessary and appropriate stand- sufficient second? our national security. In fact, the ards, grounded in historical practice, There appears to be a sufficient sec- State and Defense departments re- to guide the Secretary of the Navy’s ond. cently concluded that the ‘‘current law decisions on vessel naming. It requires The clerk will call the roll. forces the U.S. Government to con- that the Secretary assure the Senate The legislative clerk called the roll. tinue to protect commonly available and House Committees on Armed Serv- Mr. DURBIN. I anounce that the Sen- satellites and related items on the ices that the proposed vessel name ator from West Virginia (Mr. ROCKE- USML, thus impeding the U.S. ability comports with those standards 30 days FELLER) is necessarily absent. to work with partners and putting U.S. before announcing or assigning a ves- Mr. KYL. The following Senator is manufacturers at a disadvantage, but sel’s name. necessarily absent: the Senator from providing no noticeable benefit to na- Under the procedure established by Illinois (Mr. KIRK). tional security.’’ my amendment, I fully intend and ex- The PRESIDING OFFICER. Are there My bill reforms our export control pect that the Navy will not move for- any other Senators in the Chamber de- laws so that the executive branch has ward with any vessel naming proposal, siring to vote? the discretion to determine the appro- unless the Congressional defense com- The result was announced—yeas 92, priate level of export controls for sat- mittees approve. Much as the Depart- nays 6, as follows: ellites and related items. The executive ment of Defense seeks prior approval [Rollcall Vote No. 220 Leg.] branch currently has such discretion for reprogramming requests, the Sec- retary of the Navy should secure the YEAS—92 for all other types of items whether the item serves a military or a dual-use prior approval of the Congressional de- Akaka Gillibrand Moran fense committees before announcing or Ayotte Graham Murkowski purpose. The bill also prohibits the Barrasso Grassley Murray transfer of such items to China, North implementing a vessel naming pro- Baucus Hagan Nelson (NE) Korea, and state sponsors of terrorism. posal. Begich Harkin Nelson (FL) Last week, I filed an amendment to I take no joy or pride in this amend- Bennet Hatch Portman ment, but believe it is necessitated by Bingaman Heller the defense authorization bill that mir- Pryor the spate of controversies over the last Blumenthal Hoeven Reed rors my legislation. Senators RUBIO, Blunt Inhofe Reid WARNER, MARK UDALL, and CARDIN co- few years. I sincerely hope the amend- Boozman Inouye Risch sponsored the measure. While I had ment helps the U.S. Navy preserve the Boxer Isakson Roberts Brown (MA) Johanns hoped to offer and pass our amend- high standards it has traditionally em- Rubio Brown (OH) Johnson (SD) ment, it is my understanding that the ployed for vessel naming. Sanders Burr Johnson (WI) Schumer chairman intends to address these re- AMENDMENT NO. 2943 Cantwell Kerry Mr. LEAHY. Madam President, I was Cardin Klobuchar Sessions forms in conference. Is my under- Carper Kohl Shaheen standing correct? very pleased that the Senate adopted Casey Kyl Shelby Mr. LEVIN. I first want to thank the last night an amendment to improve Chambliss Landrieu Snowe Senator from Colorado for his work on the Law Enforcement Officers Safety Coats Lautenberg Stabenow Coburn Leahy Tester reforming our Nation’s export control Act, LEOSA. I was pleased to join Sen- Cochran Levin Thune laws. The House version of the Na- ator WEBB, a member of the Senate Collins Lieberman Toomey tional Defense Authorization Act in- Armed Services Committee, as a co- Conrad Lugar Udall (CO) cludes provisions addressing these sponsor to strengthen a policy that is Coons Manchin Udall (NM) Corker McCain Vitter issues. I support his efforts in this area important to our Nation’s law enforce- Cornyn McCaskill Warner and I intend to work with the House of ment community. I thank Chairman Crapo McConnell Webb Representatives to address these re- LEVIN and Senator WEBB for their ef- Enzi Menendez Whitehouse forms in conference. forts. Feinstein Merkley Wicker Franken Mikulski Wyden Mr. BENNET. I thank the chairman The amendment we adopt today will for his support and assurance. place military police and civilian po- NAYS—6 AMENDMENT NO. 3054 lice officers within the Department of Alexander Durbin Lee Mr. MCCAIN. Madam President, I rise Defense on equal footing with their law DeMint Hutchison Paul to explain the scope of, and intent be- enforcement counterparts across the NOT VOTING—2 hind, my amendment on naval vessel country when it comes to coverage Kirk Rockefeller naming. Amendment No. 3054, as modi- under LEOSA. The LEOSA law permits fied, to the National Defense Author- active and qualified retired law en- The amendment (No. 3262), as modi- ization Act for fiscal year 2013 is a di- forcement officers to carry a concealed fied, was agreed to. rect response to recent criticism that firearm across State lines. This law, Mr. LEVIN. Madam President, I the Secretary of the Navy has, in some which has been in place since 2004, move to reconsider, and I move to lay instances, politicized the ship naming gives our law enforcement officers, that motion on the table. process. should they choose, the peace of mind The motion to lay on the table was Since its establishment, the U.S. that they are protected wherever they agreed to. Navy has developed a rich tradition of may be.

VerDate Mar 15 2010 04:26 Dec 05, 2012 Jkt 029060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G04DE6.056 S04DEPT1 PWALKER on DSK7TPTVN1PROD with S7390 CONGRESSIONAL RECORD — SENATE December 4, 2012 One of the qualifications required of I appreciate that the Armed Services Just last year we saw U.S. authori- active or retired officers to be covered Committee has included Section 512 in ties successfully thwart an Iranian plot by the LEOSA law is that they must the fiscal year 2013 National Defense to assassinate the Saudi ambassador in have ‘‘statutory arrest authority’’. Authorization Act, which establishes a this very city. Some law enforcement personnel with- suicide prevention and resiliency pro- So by giving the administration the in the Department of Defense do have gram specifically for the reserve com- capability to tighten their crippling such statutory arrest authority. Others ponent of the military. In order for sanctions on Iran should they continue do not. For example, civilian police of- these programs to succeed, all mem- with their nuclear weapons program, ficers that conduct law enforcement bers of a community must work to- the Senate is continuing to address the activities on military bases or installa- gether and watch out for one another. very real threat Iran poses to the tions derive their authority from the This includes involving the private sec- United States and our allies, particu- Uniform Code of Military Justice. This tor and universities, who can con- larly Israel. authority, while statutory, is ‘‘appre- tribute valuable resources. I would And make no mistake—after Hamas hension’’ authority. Due to that dif- note that the Department’s Office of initiated their bloody rocket attacks ference between the LEOSA law’s spe- Suicide Prevention, in carrying out against innocent civilians in Israel last cific enumerated requirements, and the Section 512 and 722 of this bill, must month, who did they thank afterwards? authority pursuant to which civilian work with private sector and univer- They actually thanked Iran for their police in the military operate, these sity partners to develop and implement support in helping make ‘‘Israel scream law enforcement officers have not been suicide prevention training for commu- with pain.’’ Iran sends rockets to ter- able to obtain the law’s benefits. nity-based organizations, including rorist groups to kill innocent civilians. To remedy this, the amendment we schools, hospitals, religious organiza- That is just one out of many reasons have adopted will expressly include tions and employers, to raise aware- why the international community just within the LEOSA statute currently ness and provide tools for intervention cannot allow Iran to have a nuclear non-covered civilian police officers and to members of the National Guard and weapons capability. This bill will do several important military police. It will do so by adding Reserve and their families. Univer- things to strangle Iran’s ability to con- a statutory citation within Title 18 of sities and researchers, including those tinue with its illegal nuclear program. the United States Code to the relevant throughout Pennsylvania, have ex- portion of the Uniform Code of Mili- First, it designates Iran’s energy, plored this issue and stand ready to port, shipping, and shipbuilding sectors tary Justice. This will provide legal support our returning servicemembers. as ‘‘entities of proliferation concern’’ certainty for the Department of De- This is a national challenge and Con- due to the role they play in supporting fense, and will provide the needed gress must work hand in hand with the Iran’s proliferation activities. LEOSA coverage for currently non-cov- Departments of Defense and Veterans Secondly, it blocks and prohibits all ered law enforcement personnel within Affairs as well with State and local transactions in property in the United the military. community leaders to end this terrible States by any person who is part of The Senate has agreed unanimously epidemic. Iran’s energy, port, and shipping sec- to extend LEOSA to the law enforce- AMENDMENT NO. 3232 tors. ment officers that serve within our Mr. SCHUMER. Madam President, I Additionally, it sanctions the sale, military who are currently not eligible would first like to take this time to supply, and transfer of certain mate- for coverage under LEOSA. They are thank my colleagues Senator MENEN- rials and precious metals to Iran. no less deserving or worthy of this DEZ and Senator KIRK for putting forth And importantly, this bill sanctions privilege and I am very pleased we have a comprehensive plan to arm the ad- foreign financial institutions for know- acted to equalize their treatment under ministration with the tools they need ingly conducting transactions on be- the Federal law. Given the productive to put a stop to Iran’s rogue nuclear half of any sanctioned Iranian person. discussions we have had with the De- program and for working to put to- Mr. President, I believe my col- partment of Defense Office of Law En- gether the final text of this amend- leagues Senator MENENDEZ and Senator forcement Policy and Support, and ment. KIRK have done an excellent job ensur- with Chairman LEVIN in developing Look, time’s a-wasting, so we need to ing that the administration has the this amendment. I expect that it will ratchet up the sanctions now. tools they need to put a stop to Iran’s be implemented without delay so that And rest assured—this is a powerful rogue nuclear program. those intended to be covered may gain package that will paralyze the Iranian I strongly urge my colleagues to sup- the law’s benefit quickly. These police economy. port this amendment. officers, who largely perform the same I believe that when it comes to Iran, Mrs. HAGAN. Madam President, as duties as their counterparts elsewhere we should never take the military op- we conclude our work on S. 3254, the in the Federal Government and at the tion off the table. But I have long ar- fiscal year 2013 National Defense Au- State and local level, deserve the equal gued that economic sanctions are the thorization Act, I would like to draw treatment this amendment will pro- preferred and probably most effective attention to yet another important vide. way to choke Iran’s nuclear ambitions. role my State is playing in our na- Mr. CASEY. Mr. President, today I It should come as no surprise that tional defense. wish to discuss what more we can do to today the head of International Atomic North Carolina is home to the two prevent the scourge of suicides among Energy Agency, IAEA, suggested that major lithium suppliers in the United our servicemembers. I have been con- his inspectors in Iran are coming under States. Not only are these important cerned for quite some time about the increased duress amid fears that the employers in my State, but they are physical and psychological challenges Iranian regime might be aspiring to serving our defense industry with crit- facing the men and women who serve make atomic arms. And according to ical materials that are vital to our Na- in our military, including the unique published reports, Iran could have at tion’s defense capabilities both now challenges faced by members of the Na- least one workable nuclear weapon by and in the future. tional Guard and Reserve. next year and another maybe 6 months The Defense Department has recog- Despite a variety of programs to ad- after that. This cannot be allowed! nized through its Defense Production dress the rate of suicide among Na- Additionally, the IAEA has reported Act Title III office that ‘‘Li Ion bat- tional Guard and Reserve personnel, that Iran possesses a highly organized teries are extremely attractive to mili- current statistics raise ongoing con- program dedicated to acquiring the tary customers with the most demand- cerns about what more we can do to ad- skills necessary to produce and test a ing set of requirements such as the dress this serious issue. In 2011, 165 Ac- nuclear bomb. space/satellite communities for space- tive-Duty soldiers and 118 Guard and Earlier this year, Director of Na- craft applications and the Special Op- Reservists took their lives, and the tional Intelligence Jim Clapper told eration forces.’’ Army is on track to meet or surpass the Senate Intelligence Committee Lithium metal is an important com- the same number of suicide related that Iran’s leaders seem prepared to at- ponent in a wide range of defense appli- deaths again this year. tack U.S. interests overseas. cations. For over a decade, the US

VerDate Mar 15 2010 04:26 Dec 05, 2012 Jkt 029060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G04DE6.038 S04DEPT1 PWALKER on DSK7TPTVN1PROD with December 4, 2012 CONGRESSIONAL RECORD — SENATE S7391 military has been widely using non-re- NDAA every year for over one-half cen- sity of the enlisted members they lead chargeable—primary—lithium bat- tury. Senators LEVIN and MCCAIN have or the American population they fight teries to provide power for mines, mis- played a key role on NDAA over the to protect. While the Coast Guard has siles, torpedoes, sonobuoys, guided ar- past several years, and I am grateful made strides in addressing its lack of tillery, fuses, communication devices, for their dedication and concern for the diversity among women and minori- countermeasure devices, global posi- men and women of our Armed Forces ties, it still has significant obstacles to tioning systems, and guidance systems. and the defense of the Nation. overcome. For instance, of the 91 grad- Presently, primary lithium batteries I am pleased that NDAA, as amended, uates of the Coast Guard’s Officer Can- are the power source of choice for a includes three of my amendments, in- didate School last year, only five were majority of devices that a servicemem- cluding a sense of the Senate resolu- African-American, four were Asian, ber uses in combat and realistic train- tion regarding conflict-induced dis- and nine were Hispanic. The Coast ing operations. An infantryman on a placements in Afghanistan. As Afghan Guard can and must do better to en- 72-hour mission in Afghanistan carries refugees are being pushed into faster hance diversity among its senior lead- around 30 pounds of batteries. Lithium repatriation, they are often forced into ership, which will have a positive im- metal used in these defense applica- returning to a country where they have pact for generations to come. And like tions affords today’s Armed Forces little or no hope. In particular, Paki- other branches of the Armed Forces, fluid movement on the battlefield and stan, which has hosted Afghan refugees the Coast Guard continues to suffer in remote areas. for more than 30 years, plans to cancel from hazing incidents. Just last year, We need to remain vigilant to the refugee status for the 3 million Af- seven members of the Coast Guard world’s lithium supply situation. Off- ghans at the end of this year. Forcing were found to have tied down their fel- shore suppliers of lithium are poised to these refugees back into Afghanistan low crew members and performed sex- expand their capacity at the risk of do- would only exacerbate the crisis for a ual hazing on them. mestic U.S. lithium production capa- country that is still struggling with an I am also pleased that the Senate bility. It will be essential to our future ongoing insurgency, an economy de- adopted the Feinstein amendment, national defense needs that we are able pendent on U.S. foreign assistance, and which restricts the ability of the U.S. protect and enhance our domestic sup- the impending withdraw of NATO Government to detain without charge ply chain of battery-grade lithium troops in 2014. or trial U.S. citizens or lawful perma- metal. According to the United Nations nent residents suspected of carrying Mr. President, I recognize the impor- High Commissioner for Refugees, out terrorist activities. The role our ci- tance of this industry to our Nation’s UNHCR, more than 5.7 million refugees vilian-led military plays within the defense. I am proud that over 600 men have returned to Afghanistan since borders of the United States has al- and women in my State are dedicated 2002, increasing the population of the ways been balanced with the protec- to creating these critical materials for country by approximately 25 percent. tions of civil liberties, civil rights, and our Armed services and urge that we In both urban and rural areas, however, the due process of law. continue to recognize the essential role more than 40 percent of the returnees On the subject of detainees, however, this industry plays in our future de- have not integrated into their home I am disappointed that the Senate ap- fense strategies. communities. In addition to difficulties proved the Ayotte amendment, which AMENDMENT NO. 3291 returning refugees face, internal dis- prohibits the use of funds for transfer- Mr. PRYOR. Madam President, I placement has been dramatically on ring or releasing detainees from the de- want to thank Chairman LEVIN and the rise. tention facilities at Guantanamo Bay, Ranking Member MCCAIN for the work The conflict-induced displaced Af- Cuba, for prosecution and trial in the they have done on the National De- ghans face numerous challenges due to United States. In my view, any provi- fense Authorization and for working continuing violence, tribal conflicts, sion that extends the life of detention with me on this amendment. lack of land tenure and housing, lim- facilities at Guantanamo Bay unneces- This bipartisan amendment, the ited opportunities to earn a livelihood, sarily sullies America’s human rights Helping Iraq and Afghanistan Veterans and reduced access to public services record. The Ayotte amendment also Return to Employment, HIRE, at and water. As winter approaches, I am represents a significant cost burden Home Act, introduced by myself and especially concerned for the children going forward for the U.S. Government, Senator JOHANNS encourages states to who will be vulnerable to the harsh as it would force the Guantanamo Bay consider the training servicemembers weather and illnesses likely to occur detention facility to remain open in- receive during active duty when deter- from living in such severe conditions. definitely. The Ayotte amendment also mining eligibility for State licenses Last winter, there were many reports handicaps our Federal courts. Our Fed- and certifications. of children freezing to death in settle- eral courts—unlike military tribu- This amendment will encourage ment camps and other temporary shel- nals—have an excellent track record of States to consider the specialized mili- ters. trying and convicting the most dan- tary training and experience service- The sense of the Senate resolution gerous criminals and terrorists in the members acquire on active duty as fill- not only expresses these concerns for world, and Congress should not tie the ing all or some of the State certifi- the dramatic rise in conflict-induced hands of our law enforcement and in- cation and licensing requirements. displacements in Afghanistan and the telligence agencies to use our Article Specifically, the amendment will apply corresponding humanitarian needs; it III courts. Our Federal prison system to individuals seeking employment as also recommends that the Department can also securely hold for life those commercial truck drivers, certified of State’s Bureau of Population, Refu- convicted of terrorism offenses. nursing assistants or emergency med- gees & Migration and the Special Rep- When it comes to personnel issues, I ical technicians. resentative for Afghanistan and Paki- support the baseline NDAA bill, which By eliminating the expensive and stan jointly develop a comprehensive will improve the quality of life for our time consuming hurdles servicemem- strategy to address these displacement men and women in uniform and their bers often face, this amendment will issues. families. The bill provides a 1.7-percent help ensure our returning veterans I am also pleased that the Senate pay increase for all Active, Reserve, come home to new job opportunities passed my two amendments to add the and Guard servicemembers. The bill and help lower the high unemployment Coast Guard to the current baseline prevents the Department of Defense rate among our young veterans. NDAA sections addressing military di- from increasing TRICARE deductibles Mr. CARDIN. Madam President, I versity and military hazing. Nearly 2 and annual catastrophic caps and lev- rise in support of the National Defense years ago, the Military Leadership Di- ying enrollment fees for TRICARE Authorization Act, NDAA, for Fiscal versity Commission issued a report Standard and TRICARE for Life. Also, Year 2013. I wish to commend Senator with 20 recommendations to the Armed the bill further advances service oppor- LEVIN and Senator MCCAIN for their Forces, including the Coast Guard. The tunities for women by directing the leadership in bringing this legislation Commission found that the services’ Secretary of Defense to make further to the floor. The Senate has passed the leadership does not reflect the diver- regulatory and statutory changes in

VerDate Mar 15 2010 02:56 Dec 05, 2012 Jkt 029060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G04DE6.046 S04DEPT1 PWALKER on DSK7TPTVN1PROD with S7392 CONGRESSIONAL RECORD — SENATE December 4, 2012 combat-related restrictions. Finally, I I don’t know if Senator MCCAIN is military personnel strengths for such fiscal want to commend the Senate Armed here, but I know that I speak for him year, and for other purposes. Services Committee for authorizing about our staffs and about our col- The PRESIDING OFFICER. Under veterans to participate in the Transi- leagues on the committee. the previous order, all after the enact- tion Assistance Program for 1 year I yield the floor. ing clause is stricken, and the text of after their discharge so that they can The bill was ordered to be engrossed S. 3254 as passed is inserted in lieu be better prepared to lead a productive for a third reading and was read the thereof. civilian life. third time. The clerk will read the title of the On another crucial personnel matter, The PRESIDING OFFICER. The bill bill for the third time. however, I am deeply disappointed that having been read the third time, the The amendment was ordered to be the Senate defeated my amendment to question is, Shall it pass? engrossed and the bill to be read a prevent an across-the-board cut to the Mr. BAUCUS. I ask for the yeas and third time. Defense civilian workforce that could nays. The bill was read the third time. lead to an additional 36,000 government The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. Under job losses in the coming years. These sufficient second? the previous order, H.R. 4310, as amend- cuts—on top of cuts that already will There appears to be a sufficient sec- ed, is passed, and the motion to recon- occur—would be made without consid- ond. sider is considered made and laid upon eration to required workload, mission, The clerk will call the roll. the table. or funding as currently required by The legislative clerk called the roll. Under the previous order, the Senate law. The Senate version of NDAA, if Mr. DURBIN. I announce that the insists on its amendment, requests a unchanged, will force an arbitrary, se- Senator from West Virginia (Mr. conference with the House, and the questration-type of cut in the DOD’s ROCKEFELLER) is necessarily absent. Chair appoints the following conferees: civilian workforce, injuring the defense Mr. KYL. The following Senator is Mr. LEVIN, Mr. LIEBERMAN, Mr. REED industrial base and undermining eco- necessarily absent: the Senator from of Rhode Island, Mr. AKAKA, Mr. NEL- nomic recovery. There is a better way Illinois (Mr. KIRK). SON of Nebraska, Mr. WEBB, Mrs. to make judicious personnel decisions The PRESIDING OFFICER (Mr. MCCASKILL, Mr. UDALL of Colorado, in the Department of Defense than the CASEY). Are there any other Senators Mrs. HAGAN, Mr. BEGICH, Mr. MANCHIN, bill’s section 341. I hope the NDAA con- in the Chamber desiring to vote? Mrs. SHAHEEN, Mrs. GILLIBRAND, Mr. ferees will heed the administration’s The result was announced—yes 98, BLUMENTHAL, Mr. MCCAIN, Mr. INHOFE, deep concerns with regard to section nays 0, as follows: Mr. SESSIONS, Mr. CHAMBLISS, Mr. 341, which the House NDAA—H.R. [Rollcall Vote No. 221 Leg.] WICKER, Mr. BROWN of Massachusetts, Mr. PORTMAN, Ms. AYOTTE, Ms. COL- 4310—does not include. YEAS—98 A bill this large and complex won’t LINS, Mr. GRAHAM, Mr. CORNYN, and Mr. Akaka Franken Mikulski VITTER. please everybody entirely. I have just Alexander Gillibrand Moran outlined some of the provisions I sup- Ayotte Graham Murkowski f Barrasso Grassley port and some of the provisions I don’t Murray RUSSIA AND MOLDOVA JACKSON- support. I will vote to pass NDAA to Baucus Hagan Nelson (NE) Begich Harkin VANIK REPEAL ACT OF 2012—MO- advance it to conference. H.R. 4310, like Nelson (FL) Bennet Hatch Paul TION TO PROCEED S. 3254, has good and bad provisions, in Bingaman Heller Portman my estimation. For instance, it con- Blumenthal Hoeven Pryor Mr. REID. Mr. President, I now move tains provisions that further restrict Blunt Hutchison Reed to proceed to calendar No. 552, H.R. Boozman Inhofe Reid the transfer of Guantanamo detainees Boxer Inouye 6156, which is the Russia-Moldova trade Risch Brown (MA) Isakson agreement. into the United States or foreign coun- Roberts Brown (OH) Johanns The PRESIDING OFFICER. The tries, and it limits the administration’s Rubio Burr Johnson (SD) Sanders clerk will report the motion. ability to implement the New START Cantwell Johnson (WI) Schumer The assistant legislative clerk read Treaty or to set U.S. nuclear weapon Cardin Kerry Carper Klobuchar Sessions as follows: policy to further nuclear force reduc- Shaheen Casey Kohl Motion to proceed to calendar No. 552, H.R. tion. But, on the other hand, it doesn’t Chambliss Kyl Shelby contain section 341. I hope the legisla- Snowe 6156, an act to authorize the extension of Coats Landrieu nondiscriminatory treatment (normal trade tion the conferees report will be some- Coburn Lautenberg Stabenow Tester relations treatment) to products of the Rus- thing I can support. Cochran Leahy Collins Lee Thune sian Federation and Moldova and to require Mr. LEVIN. Madam President, I will Conrad Levin Toomey reports on the compliance of the Russian be very brief. I feel so grateful and so Coons Lieberman Udall (CO) Federation with its obligations as a member proud that the tradition of our com- Corker Lugar Udall (NM) of the World Trade Organization, and for Cornyn Manchin Vitter other purposes. mittee and this Senate has been main- Crapo McCain Warner tained on our 51st consecutive Defense DeMint McCaskill Webb The PRESIDING OFFICER. The Sen- authorization bill, a bill that is so vi- Durbin McConnell Whitehouse ator from Arizona. Enzi Menendez Wicker tally important to the Nation. I am NATIONAL DEFENSE AUTHORIZATION Feinstein Merkley Wyden grateful to all of our colleagues for Mr. MCCAIN. Mr. President, I wish to working on a bipartisan basis through NOT VOTING—2 thank the chairman for his patience in the normal and open legislative process Kirk Rockefeller allowing this legislation to be com- to produce this bill. I am grateful to The bill (S. 3254), as amended, was pleted. I would note that there were 145 stand here with my partner, Senator passed. amendments and many recorded votes MCCAIN—we worked together on this (The bill will be printed in a future and good debate and discussion over bill—to all of the members of the com- edition of the RECORD.) very important issues. mittee, to our staff and the floor and The PRESIDING OFFICER. Under I also wish to say thank you to the cloakroom staff. We passed over 100 the previous order, the Committee on majority leader. amendments. It was a process that al- Armed Services is discharged from fur- I wish to note the good work of the lowed us to be just as accommodating ther consideration of H.R. 4310, and the staff, showing again that work release as we humanly could. Senate will proceed to the consider- programs can be successful. One person I wish to single out as ation of the measure, which the clerk The PRESIDING OFFICER. The ma- someone who has worked for the com- will report. jority leader. mittee for 41 years—this will be her The legislative clerk read as follows: Mr. REID. Mr. President, if I could last year—is Chris Cowart. She is our A bill (H.R. 4310) to authorize appropria- say a word, I was looking for an oppor- chief clerk, and I would like to take an tions for fiscal year 2013 for military activi- tunity to express my appreciation to additional 2 seconds to mention her ties of the Department of Defense, for mili- the two managers of this bill. name as a symbol of the staff for whom tary construction, and for defense activities This has been hard, but they have we are so grateful. of the Department of Energy, to prescribe done an excellent job. There is nothing

VerDate Mar 15 2010 02:56 Dec 05, 2012 Jkt 029060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G04DE6.043 S04DEPT1 PWALKER on DSK7TPTVN1PROD with December 4, 2012 CONGRESSIONAL RECORD — SENATE S7393 more important we do here than make great deal of pride in the support that animal fighting ring often involves sure that our fighting men and women the U.S. Senate has given today to our players from many different States. have the resources to do what they national defense and the production of Under current law, a county sheriff or need to do for our country, and there these products. a local prosecutor simply lacks the au- are no two better managers that we f thority to root out, apprehend, and ef- could have on this bill than these two ANIMAL FIGHTING SPECTATOR fectively prosecute such an operation. fine Senators. I appreciate very much PROHIBITION ACT This bill has the support of many law their hard work. enforcement organizations whom I Mr. BLUMENTHAL. Mr. President, I The PRESIDING OFFICER. The Sen- thank, including the Federal Law En- ask unanimous consent that the Agri- ator from Michigan. forcement Officers Association and culture, Nutrition and Forestry Com- Mr. LEVIN. Mr. President, while the Fraternal Order of Police. County sher- mittee be discharged from further con- leader is here, I would add my thanks iffs from across the country have also sideration of S. 1947, and that the Sen- to the majority leader. This could not signed on as supporters, along with the ate proceed to its consideration. have happened without the willingness American Veterinary Medical Associa- of the majority leader to take a little The PRESIDING OFFICER. The clerk will report the bill by title. tion and the Humane Society of the bit of risk at this time of year with so United States. I hope it will have sup- few days left. The assistant legislative clerk read as follows: port from this Chamber. Senator MCCAIN and I told the major- Mr. President, I ask for a voice vote. ity leader that we thought we could do A bill (S. 1947) to prohibit attendance of an animal fighting venture, and for other pur- The PRESIDING OFFICER. Is there it in 3 days, and I want you to know further debate? that we did it in 3 days. We don’t count poses. If not, the question is on passage of half days. If we counted half days, it There being no objection, the Senate the bill. took us more than 3 days, I must con- proceeded to consider the bill. The bill (S. 1947), as amended, was fess to the majority leader. But, none- Mr. BLUMENTHAL. I ask unanimous passed, as follows: theless, the majority leader was willing consent that the Blumenthal amend- to let us start down this road. And we ment, which is at the desk, be agreed S. 1947 did it in a unanimous way. I think it is to and that the bill, as amended, be Be it enacted by the Senate and House of Rep- only the second time in 51 years that read a third time. resentatives of the United States of America in The PRESIDING OFFICER. Without Congress assembled, there has been a unanimous vote on a objection, it is so ordered. SECTION 1. SHORT TITLE. Defense authorization bill, and it is be- The amendment (No. 3309) was agreed cause of the willingness and determina- This Act may be cited as the ‘‘Animal to, as follows: Fighting Spectator Prohibition Act of 2011’’. tion of our leadership that we proceed On page 2, line 21, insert ‘‘knowingly’’ be- SEC. 2. PROHIBITION ON ATTENDING AN ANIMAL with this bill and that we allow the fore ‘‘cause’’. FIGHT OR CAUSING A MINOR TO AT- kind of process to occur that we did TEND AN ANIMAL FIGHT. The bill was ordered to be engrossed and to take the time we did, and I am Section 26 of the Animal Welfare Act (7 for a third reading and was read the very grateful. U.S.C. 2156) is amended— Mr. REID. Mr. President, I took no third time. (1) in subsection (a)— Mr. BLUMENTHAL. Mr. President, I risk, because Senator LEVIN from (A) in the heading, by striking ‘‘SPON- recognize that the hour is late. I wish Michigan and Senator MCCAIN from Ar- SORING OR EXHIBITING AN ANIMAL IN’’ and in- izona said, We will finish the bill in 3 to take a very brief moment to thank serting ‘‘SPONSORING OR EXHIBITING AN ANI- MAL IN, ATTENDING, OR CAUSING A MINOR TO days. So I had no risk because I knew my colleagues, beginning with Senator ATTEND’’; that is what they would do. We may KIRK and Senator BROWN—my distin- guished colleagues from Illinois and (B) in paragraph (1)— have spilled over a few hours, but basi- (i) in the heading, by striking ‘‘IN GEN- cally they held to their agreement. Massachusetts—who have done such great work on this measure over many ERAL’’ and inserting ‘‘SPONSORING OR EXHIB- Mr. MCCAIN. Again, I thank the ma- ITING’’; and jority leader and my friend from Michi- months, as well as Senator CANTWELL (ii) by striking ‘‘paragraph (2)’’ and insert- gan. of Washington and other colleagues ing ‘‘paragraph (3)’’; I do want to thank our staff who who have cosponsored this measure, in- (C) by redesignating paragraph (2) as para- worked many long hours, long after we cluding Senators COLLINS, FEINSTEIN, graph (3); and had shut down regular business. They GILLIBRAND, KERRY, LANDRIEU, (D) by inserting after paragraph (1) the fol- continued to work through a total of MERKLEY, MIKULSKI, MURRAY, VITTER, lowing new paragraph: 392 amendments that were filed on this and WYDEN. They are all tireless advo- ‘‘(2) ATTENDING OR CAUSING A MINOR TO AT- TEND.—It shall be unlawful for any person legislation. I appreciate the hard work cates for animals. This bill is about ending animal to— and the cooperative spirit that enabled ‘‘(A) knowingly attend an animal fighting us not only to dispose of the amend- fighting which, plainly and simply, is a venture; or ments, but also I heard no complaint blood sport. It is cruel and inhumane. ‘‘(B) knowingly cause a minor to attend an from any Member that their amend- It leaves animals scarred and disabled. animal fighting venture.’’; and ment did not get the consideration And, it is associated with many other (2) in subsection (g), by adding at the end they felt it deserved. I think that is criminal activities. People who attend the following new paragraph: pretty remarkable, and I thank them. animal fights are often also engaged in ‘‘(5) the term ‘minor’ means a person under I yield the floor. drug dealing, extortion, assault, and a the age of 18 years old.’’. The PRESIDING OFFICER. The Sen- variety of other crimes, and the ena- SEC. 3. ENFORCEMENT OF ANIMAL FIGHTING ator from Connecticut. bling activity is animal fighting. PROHIBITIONS. Mr. BLUMENTHAL. Mr. President, I That is why this bill increases the Section 49 of title 18, United States Code, want to join in thanking the chairman penalties for knowingly attending an is amended— (1) by striking ‘‘Whoever’’ and inserting of the Armed Services Committee, Sen- animal fight with a child and, indeed, ‘‘(a) IN GENERAL.—Whoever’’; ator LEVIN, and the distinguished rank- makes it a crime to knowingly attend (2) in subsection (a), as designated by para- ing member, Senator MCCAIN, for the an animal fight. These stricter pen- graph (1) of this section, by striking ‘‘sub- extraordinary bipartisan work they alties are contingent upon a purposeful section (a),’’ and inserting ‘‘subsection have done on this measure, and also support for this cruel and inhumane (a)(1),’’; and the accommodation and consideration sport. (3) by adding at the end the following new they have given to all of us who have Very simply, this legislation provides subsections: proposed amendments, as well as to new tools to law enforcement for elimi- ‘‘(b) ATTENDING AN ANIMAL FIGHTING VEN- their staff and the majority leader. nating not only animal fighting, but TURE.—Whoever violates subsection (a)(2)(A) On behalf of Connecticut, which pro- of section 26 of the Animal Welfare Act (7 also the activities that may be attend- U.S.C. 2156) shall be fined under this title, duces many of the key products that ant to them. imprisoned for not more than 1 year, or both, are affected by this bill, such as the Animal fighting is a Federal matter, for each violation. Joint Strike Fighter, our submarines, and it requires a Federal response. This ‘‘(c) CAUSING A MINOR TO ATTEND AN ANI- and the Sikorsky helicopter, we have a is particularly important because an MAL FIGHTING VENTURE.—Whoever violates

VerDate Mar 15 2010 04:26 Dec 05, 2012 Jkt 029060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G04DE6.064 S04DEPT1 PWALKER on DSK7TPTVN1PROD with S7394 CONGRESSIONAL RECORD — SENATE December 4, 2012 subsection (a)(2)(B) of section 26 (7 U.S.C. give people with disabilities opportuni- something that is going to give the 2156) of the Animal Welfare Act shall be fined ties the same as everyone else. We have U.N. the right to come in and take kids under this title, imprisoned for not more become a better country for it, a better out of your home? That is what people than 3 years, or both, for each violation.’’. Nation. were saying. They do not get it, vet- The PRESIDING OFFICER. The Sen- Other countries have come to us over erans groups? Is that what they were ator from Iowa. the intervening last 22 years to find saying, that they do not understand Mr. HARKIN. First of all, I commend out how we did it, what they could do. this? and compliment my friend from Con- So here the United Nations said we Of course they understood it. They necticut for sponsoring this bill and would come up with a convention, a know those were unfounded fears. Walk pushing it through. Animal fighting is treaty for all countries, and put it up out and see Yoshiko Dart out there, a despicable thing to be engaged in. To for them to sign it, encouraging them holding Justin Dart’s hat; Justin Dart, think people take their kids there, and to emulate what we did. This would be God love him. A man in a wheelchair, families. It is something we should not giving us a seat at the table helping used it almost every day in his life; a be doing and I thank the Senator for other countries to bring their laws man who traveled throughout this his leadership on that issue, getting more up to what ours are in terms of country day after day to get people or- the bill passed. the rights of people with disabilities. ganized to support the Americans With But we turned our backs on that. CONVENTION ON THE RIGHTS OF PERSONS WITH Disabilities Act, Justin Dart. He has There are a lot of things that make DISABILITIES since passed on, but his widow carries America a shining city on a hill, but I want to take the floor for a few mo- his hat around. She had his hat there there is one thing that no one can dis- ments. I know others want to speak. and they were just crushed by this pute that does put America as a shin- They were kind enough to let me get in vote. How could we turn our backs on ing city on a hill and that is the Amer- front of them. I want to comment for a something so important to our country icans With Disabilities Act and what it couple of minutes on the vote today on and the world? Pat Wright—others. has done to our society, like our Civil the Convention on the Rights of Per- Before we had the vote we had a won- Rights Act, what it has done to break sons With Disabilities. I said off the derful ceremony honoring Bob Dole. down the barriers and to show that floor that this was a shameful day for Yesterday was the International Dis- people with disabilities can contribute the Senate, and I meant it. Today was ability Rights Day, so they wanted to to society if only given the chance and a shameful day for the Senate. To turn honor Bob Dole for all he had done, our backs on a convention, a treaty the opportunity. You would think we would want to Senator Dole. It was a wonderful event. which was based upon the Americans I saw people over there honoring Bob With Disabilities Act in our own coun- then say, yes, we will be a part of a worldwide effort to break down those Dole for all the work he had done on try that is now 22 years old and has barriers against people with disabil- disability rights who voted against the done so much to enhance opportunities ities. We want to be part of a world- bill today. for people with disabilities and their wide effort to say it is not all right, it Mr. LEAHY. That is right. families, to turn our backs on that for is not OK to leave a baby on the side of Mr. HARKIN. I said, wait a minute, no real reason is something I have a the road to die simply because that they are there to honor all the work hard time comprehending, and I have baby has Down Syndrome. You would Bob Dole had done on disability and been in the Senate a long time now. think we would want to be part of a Bob Dole was one of the strongest sup- There are reasons people can come up global effort that says it is not all porters of the CRPD, as it is called. He with a vote this way or that on certain right to keep kids out of school and came over here today in his wheelchair things and most times they are very le- away from education because they with his wife, former Senator Elizabeth gitimate. People might have some le- have a physical disability—they use a Dole. Yet people voted against it. I do gitimate concerns about a bill or an wheelchair—or have an intellectual not get it. amendment. I could find no legitimate disability. You would think we would Veterans? There was a young veteran concerns about the Convention on the want to be part of an effort such as sitting in the gallery today. I met him Rights of People With Disabilities—le- that, that says it is not OK to put peo- yesterday for the first time. Senator gitimate concerns. We heard all this ple in cells, chained in cells, people KERRY spoke at length about him. His talk about home schoolers, people who whose only crime is that they are dis- name is Dan Berschinski. I ask unani- are homeschooling their kids, the U.N. abled. You would think we would want mous consent to have his op-ed printed was going to come in and take them to be part of that effort. in the RECORD at the conclusion of my away—nonsense, utter, sheer nonsense. We have done that in this country. speech. What happened today was the tri- We have done wonderful things. Yet The PRESIDING OFFICER. Without umph on the Senate floor of fear. Un- there is some fear, some unfounded fear objection, it is so ordered. founded, unreasonable fear triumphed that the United Nations is going to (See exhibit 1.) over experience—the experience we come in with a black helicopter or Mr. HARKIN. I met him yesterday, a have had with the Americans With Dis- something, I don’t know what, and say young man 25 years old. He said for the abilities Act, reasoned, rational you cannot homeschool your kids. first 25 years of my life I was an able- thought—unfounded fears that some- The Americans With Disabilities Act, bodied American and played football how, someplace, somebody is going to we had it for 20 years. Did it stop home and soccer, even ran a few marathons. do something. Out of the U.N. they are schooling? Of course not. Did it lead to He graduated from West Point and going to come in and take over or more abortions? Of course not. went to Afghanistan and had both of something. But we proved beyond any After this vote, after it was defeated, his legs blown off. He walks on pros- shadow of a doubt that none of our I walked out into the reception room, thetic legs now and talks about going laws had to be changed. This gave the the Senate reception room. There was to South Africa on a trip and the fear U.N. no authority over our country or a throng, a number of people in the dis- gripped him because of the fact he our laws or anything. Yet this un- ability community. They were crushed, couldn’t get around. In the hotel they founded fear took hold to the point just crushed. They could not under- had curbs. He had the kind of problems where people who were sponsors of the stand this. How could it be? Every dis- he doesn’t have here. bill voted against it. Sponsors of it now ability community in America, every I saw him out here in the reception turned around and voted against it. disability organization supported this. room after the vote. He had been sit- Again, for what reason? Unfounded We had 21 veterans organizations, ev- ting in the gallery. He came down. I fear. erything from the American Legion to went up to him and I said: Dan, what What message did we send today to the VFW, AMVETS, Disabled American can I say? I am sorry. I am sorry. But, the rest of the world? A message that, Veterans, Disabled Veterans of Amer- I said, we will come back again. We are OK, we are pretty good. We did a lot of ica—21. Every veterans group sup- going to come back at this thing. But, good stuff in terms of passing legisla- ported this. I said, I am sorry. tion to uphold the rights of people with I ask, were these veterans groups so You know what he said to me? He disabilities, to break down barriers, dumb, so blind, so misled to support said: You know, Senator, watching this

VerDate Mar 15 2010 04:26 Dec 05, 2012 Jkt 029060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\A04DE6.021 S04DEPT1 PWALKER on DSK7TPTVN1PROD with December 4, 2012 CONGRESSIONAL RECORD — SENATE S7395 and seeing this makes me want to get and flights of stairs that had to be, well, hob- with whom I have served all of these just about as far away from politics as bled up. As a disabled Anierican at home, I years in the Senate for his very kind I can. can depend on accessible accommodations; remarks and kind words. More than Is that the message we send to young as a disabled tourist abroad, I had to hope for the best while preparing for the worst. that, I thank my friend for his many veterans, young heroes like this? Today, the United States has an oppor- kindnesses that he has shown me and I don’t want to take any more time. tunity to show leadership and reduce the for upholding the finest traditions of Others want to speak. As I said, it is a challenges that millions of disabled people the Senate. shameful day. I do say we will be back. around the world face every day: The Senate I say to PAT LEAHY, through the Senator KERRY will be back, Senator can vote to join the U.N. treaty on rights for Chair, when we think about a Senator MCCAIN. Again, I give them the highest people with disabilities. By encouraging and what a Senator should do and how plaudits for what they did. Senator other nations to strengthen their own acces- sibility laws, we can improve the lives of our a Senator should conduct himself or MCCAIN and Senator KERRY did a mag- 56.7 million disabled U.S. citizens, including herself, we have to think about PAT nificent job, and Senator LUGAR, in 5.5 million disabled veterans like me, when LEAHY. He has just been a stalwart. He carrying this bill forward. I know they we travel and work abroad. Many of those is always willing to work with people, do not want to give up either. I was opposing this treaty claim to support mili- always willing to give someone the hoping we would pass it before Senator tary veterans, but a vote against ratifying benefit of the doubt, always willing to LUGAR leaves the Senate. It would have this treaty undercuts that support. help move legislation through the Sen- I am honored to join fellow veterans, Re- been wonderful that Senator LUGAR did publicans and Democrats, including Sens. ate. That is the way the Senate used to this during his time here in the Senate. John Kerry and John McCain and former be. It used to be that way. Thank God, But I guess that is not to be. Sen. Robert J. Dole, to say that the case is we still have people here like PAT We will be back in January or Feb- clear-cut: Only by voting in favor of the Con- LEAHY. ruary. Senator KERRY is committed to vention on the Rights of Persons with Dis- I yield the floor and suggest the ab- doing that, bringing it back to the abilities can the Senate truly honor the sac- sence of a quorum. committee, so we will be back again. I rifice of those disabled while answering this The PRESIDING OFFICER. The hope over the Christmas break and nation’s call. I am proud to have served my clerk will call the roll. New Year’s those who did not vote to country; I am proud of how my country has The assistant legislative clerk pro- taken care of me. And I will be proud when support this will search their con- we extend our leadership on disability issues ceeded to call the roll. science, search their soul, think more beyond our borders. The PRESIDING OFFICER (Mrs. about our being involved in this and The PRESIDING OFFICER. The Sen- MCCASKILL). The Senator from Rhode having a seat at the table, helping the ator from Vermont. Island. rest of the world change their laws. I Mr. LEAHY. Mr. President, while the Mr. WHITEHOUSE. Madam Presi- hope when we come back we will have Senator from Iowa is on the floor—and dent, I ask unanimous consent that the some reconsiderations and people rec- I will be very brief because there are order for the quorum call be rescinded. ognize that maybe the first vote was others waiting to speak—I am so The PRESIDING OFFICER. Without not the right vote and change their moved and touched by what he had to objection, it is so ordered. vote and maybe we can get it passed say. I had the privilege of being in that MIDDLE-CLASS TAX CUTS then. That is my hope. I hope we can room with the Senator from Iowa, Sen- Mr. WHITEHOUSE. Madam Presi- get to that when we come back after ator HARKIN, and Senator Dole—both dent, tens of millions of middle-class the first of the year. Senators Dole, Senator Bob Dole and families face the distinct possibility of EXHIBIT 1 Senator Elizabeth Dole. higher tax rates in January. With so [Dec. 4, 2012] The Senator referred to Justin Dart’s many Americans who are still strug- LEADING ON DISABILITY BEYOND OUR BORDERS widow and his hat was there. My col- gling to find their economic footing (By Dan Berschinski) league and I saw him wearing that hat after the deepest recession of our life- For the first 25 years of my life I was as an the day the disability legislation was times, these looming tax hikes would able-bodied American. I played football and signed into law on the White House be hard for those middle-class families, soccer and even ran a few marathons. All of lawn. In fact I have a photograph I and they are completely unnecessary. that changed three years ago. Having grad- took of the Senator standing there. Newspaper stories day after day on uated from West Point, I was serving my PERSONS WITH DISABILITIES TREATY the so-called fiscal cliff often omit that country as an Army infantry officer in Af- Mr. LEAHY. Mr. President, I have the Senate has passed legislation to ghanistan when I was seriously wounded: I shield 98 percent of families and 97 per- stepped on the unseen trigger of an impro- had the privilege of serving in this vised explosive device, and both my legs body every day that TOM HARKIN has cent of small businesses from the in- were instantly torn from my body. From been here. Nobody has spoken more come tax part of this so-called fiscal that moment on, my life has, been dras- eloquently for the needs of the disabled cliff. tically different. than Senator HARKIN. He learned sign We passed the Middle Class Tax Cuts Today, after three year’s of hard effort, I’m language so he could communicate Act on July 25 of this year. We sent the proud, to be able to walk using prosthetic with his brother. I have seen him with measure to the House of Representa- legs. Yet obstacles that might seem incon- members of the disabled community. tives. Did Speaker BOEHNER and the sequential to the fully able-bodied, like side- Republicans in the House promptly walk curbs and stairs, take on a whole new He is loved and respected. meaning for people like me who struggle to This was not the Senate’s finest day. pass this popular bill and send it to walk, or who use a wheelchair. Fortunately, It was not ‘‘Profiles in Courage’’ to see President Obama for his signature? Did the United States leads the world in accessi- what happened. I am glad the Senator they move to protect 98 percent of mid- bility and equality of opportunity for the mentioned the veterans, as though any dle-class families from this tax hike in disabled. Unfortunately, the advantages we of them would stand for something January? No. They decided to hold the take for granted here at home—the policies that would take over our country. middle-class tax cuts passed by the that allow people like me to live fulfilling, Many of them lost limbs fighting for Senate hostage in an attempt to push independent lives—don’t exist in much of the for tax cuts for the folks they care rest of the world. this country and fighting for the secu- Eight months after being wounded in com- rity of this country. They represent about the most, the top 2 percent of bat, and while still a patient at Walter Reed people who died fighting for this coun- the highest earning households. Army Medical Center, I joined a few friends try. Republicans fighting for millionaires in a trip to South Africa to watch the World So this is one Senator who will be and billionaires is not a new story. In Cup. There I found myself in a different here next year. I pledge to the Senator 2001 President George W. Bush decided country, with no legs, a brand-new wheel- from Iowa and to Senator KERRY, my to spend a large portion of the sur- chair and a lot of apprehension. While I seatmate—actually, I have both Sen- pluses he inherited from President should have been enjoying this once-in-a- Clinton to cut tax rates. Many Demo- lifetime trip, I was constantly worried about ators on either side of me—that I will my ability to get around. South Africa had be here, and I will support the Senators crats opposed him then because the tax done a fairly good job on accessibility, but every step of the way. cuts were unfair by favoring the high- there were still plenty of curbs that had to Mr. HARKIN. Mr. President, I thank est income Americans. To overcome be jumped, ditches that had to be crossed, my good friend and former chairman that obstacle, the Republicans resorted

VerDate Mar 15 2010 02:56 Dec 05, 2012 Jkt 029060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G04DE6.062 S04DEPT1 PWALKER on DSK7TPTVN1PROD with S7396 CONGRESSIONAL RECORD — SENATE December 4, 2012 to a parliamentary technique of budget confirmed by the experience of real- pay a lower tax rate than median in- reconciliation, a maneuver that al- world businesspeople. come taxpayers. That is a tax system lowed for passage of their tax cuts but Madam President, I ask unanimous that is turned upside down and needs to forced them to expire after 2010, at the consent to enter into the RECORD at be fixed. end of the 10-year budget window. the conclusion of my remarks an op-ed Earlier this year a majority of Sen- So we scroll forward to 2010. As 2010 by former Stride Rite CEO Arnold ators voted to advance my Paying a ended, President Obama and many Hiatt entitled ‘‘Smite the myth that Fair Share Act, the Buffett rule bill to Democrats in Congress, including my- tax cuts create jobs.’’ ensure that multimillion-dollar earn- self, wanted to extend the tax cuts for The PRESIDING OFFICER. Without ers pay at least a 30-percent effective middle-class families but let rates on objection, it is so ordered. Federal tax rate. The rate they are income above $200,000 for an individual (See exhibit 1.) supposed to pay is 35 percent under the and $250,000 for a family revert to the Mr. WHITEHOUSE. Mr. President, income tax laws. But because of all Clinton-era levels. Our Senate Repub- Arnold Hiatt founded a successful these loopholes and special rates, IRS lican friends filibustered that effort, small business before selling it to statistics show the top 400 taxpayers in refusing to allow the middle-class tax Stride Rite and then becoming CEO. He 2008 who earned, by the way, an aver- cut without a tax cut for the highest says: age of $270 million each that year, paid incomes as well. Their hostage strat- As every good businessman knows . . . the the same 18.2 percent effective tax rate egy worked that time, and the Presi- soundness of a company and its ability to as paid by, for instance, a truckdriver dent and Senate Democrats reluctantly create jobs do not rest on lower taxes or tax in Rhode Island. The single biggest fac- agreed to extend the tax cuts for 2 avoidance—for the company or its senior tor driving this inequality is the spe- more years. management. cial low rate for capital gains that al- Now the 2 years is up and these tax He continues: lows, for instance, hedge fund billion- rates are again set to expire. That is It is a fiction, pure and simple, that taxing aires, through the carried interest why Senate Democrats passed the Mid- so-called ‘‘job creators’’ will have an adverse loophole, to pay taxes at lower rates dle Class Tax Cut Act in July. This effect on the economy. than their secretaries and chauffeurs. measure balanced our desire to keep Mr. Hiatt goes on to explain: If we let the tax cuts at the top expire, tax rates low for middle-class families In the years we were creating so many those rates revert to 20 percent instead against the urgency of addressing our jobs, my federal income taxes on the top of 15 percent. Twenty percent is still a national budget deficits. By keeping slice of my income were sometimes as high low rate for someone making $100 mil- tax rates low for 98 percent of Ameri- as 70 percent, but these rates never discour- lion a year, but it is closer to what a cans and letting the tax rates go up aged me or anyone else from hiring workers middle-class family is expected to pay. very modestly for families earning over or growing a company. Today we’re paying In short, allowing the Bush-era tax about half of that on the top portion of sala- cuts to expire for income above $250,000 $250,000 a year, the Democrat plan ries and fees, and a meager 15 percent on the would cut the deficit by as much as $1 big chunk of our income that comes from in- is the fiscally responsible thing to do trillion over the next decade. Now, that vestments. That’s why I . . . and many other and the fair and proper thing to do. alone doesn’t cure our budget imbal- millionaires pay a lower income-tax rate Why, then, hasn’t Speaker BOEHNER ance, but along with fair and sensible than many working American families. called a vote on the Senate-passed Mid- tax reforms and smart cuts in spend- He continues: dle Class Tax Cuts Act? Because ing, it is part of the solution. Many millionaires never create any jobs at threatening middle-class families with Let’s be clear about one thing: the all. Those who do will create them regardless higher taxes is their strategy, to push Middle Class Tax Cut Act would still of the tax rate, and certainly won’t be dis- for breaks for millionaires and billion- benefit high-end taxpayers. Families suaded by the small increase of about 5 per- aires—the hostage strategy—with the making over $250,000 a year would pay centage points that the president has pro- middle class as the hostages as Repub- lower tax rates on their first $250,000. posed. licans fight for whom they truly care So if a family made $255,000, they He concludes this way: about. would only see an increase on the top The myth of millionaires as job creators If Speaker BOEHNER continues to ig- $5,000, and only to the Clinton-era rates being turned off by higher taxes is the cre- nore the Senate-passed bill, I urge that were in effect during the 1990s, ation of some members of the U.S. House and President Obama to stand firm on his when, as we all recall, our economy U.S. Senate who are funded by these same opposition to extending the upper in- was thriving. Under the Senate-passed millionaires. They know little of what come tax cuts. The American people plan, a family earning $255,000 a year makes companies successful. support that approach, and we should would pay an extra $150 in taxes. That is the CEO of Stride Rite shoes. not cave in to pressure. In opposing the Middle Class Tax Cut If we extend the upper income tax I would also urge the President and Act, Republicans claim that it would cuts for another year, it would add congressional leaders to work to in- hurt the economy to raise tax rates on over $49 billion to the deficit. Even in clude the Buffett rule principles in any the top 2 percent of income earners. Washington, $49 billion is real money, deficit deal. Letting the upper income Speaker BOEHNER reiterated that line money that would have to be borrowed tax cuts expire and ensuring multi- last week saying: It’ll hurt small busi- and would add to our debt problem. Be- million-dollar earners pay a fair share nesses. It’ll hurt the economy. lieve it or not, Republicans who voted will assure the American people we are Well, that is vintage Republican po- to turn Medicare into a voucher pro- working for them and not the special litical theory, but it is just not sup- gram in the name of deficit reduction interests as we allocate the burden of ported by the facts. In a recent report, support adding to the deficit with high- addressing our deficits. the nonpartisan Congressional Budget end tax cuts. In Rhode Island, at least, EXHIBIT 1 Office estimated that extending the those are lousy priorities when it [From the Providence Journal] middle-class tax cuts would boost our comes to deficit reduction. We should SMITE THE MYTH THAT TAX CUTS CREATE national GDP, gross domestic product, let the tax cuts at the top expire for JOBS by 1.25 percent next year. It said the reasons also of fairness. Loopholes and PROVIDENCE JOURNAL EDITION economic effects of extending only the special provisions allow many super- (by Arnold Hiatt) middle-class rates are similar to those high income earners to pay lower tax As every good businessman knows—includ- of extending all of the rates. Why? Be- rates than many middle-class families. ing former Massachusetts Gov. Mitt Rom- cause upper income taxpayers are less According to the nonpartisan Con- ney, with whom I had been associated as a likely to spend their tax savings and gressional Research Service, 65 percent limited partner at Bain Capital Ventures— put it back into the economy. of individuals earning $1 million or the soundness of a company and its ability In other words, CBO reports we would more annually pay taxes at a lower to create jobs do not rest on lower taxes or get virtually no economic bang for our rate than median income taxpayers tax avoidance—for the company or its senior management. Federal buck by extending the upper making $100,000 or less. Sixty-five per- If the now defeated presidential candidate income tax cuts for which the Repub- cent—nearly two-thirds—of individuals Romney and congressional Republicans con- licans are fighting. CBO’s analysis is earning over $1 million a year actually tinue to insist on renewing the special Bush

VerDate Mar 15 2010 02:56 Dec 05, 2012 Jkt 029060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G04DE6.067 S04DEPT1 PWALKER on DSK7TPTVN1PROD with December 4, 2012 CONGRESSIONAL RECORD — SENATE S7397 tax cuts that go only to the wealthiest 2 per- not be compromised by the shortsightedness enforcement and safety resources such cent of Americans like me, it will do nothing of those so well off in the present. These are as the Public Safety Mobile Data Sys- to create jobs. It is a fiction, pure and sim- not the values that made this country great. tem, which allows police and other ple, that taxing so-called ‘‘job creators’’ will Arnold Hiatt is a former chief executive of emergency personnel to share and co- have an adverse effect on the economy. Stride Rite Corp., based in Lexington, Mass. Just the reverse is true. Instead of spend- This article previously appeared in The Bos- ordinate information. ing nearly $1 trillion on tax cuts to make ton Globe. And I can’t forget Bill’s leading role millionaires even richer, those tax dollars in designating the National Quilt Mu- I thank the Chair. I yield the floor, can be used more constructively to retain seum, located two blocks from the Ohio and I note the absence of a quorum. teachers, police officers and firefighters, and River in downtown Paducah, as the Na- The PRESIDING OFFICER. The repair roads and bridges. These are all essen- tional Quilt Museum of the United tial services that will rebuild our economy clerk will call the roll. States. As one of the most popular and maintain a civil society. In addition, The assistant legislative clerk pro- tourist attractions in the Bluegrass these tax dollars will contribute to deficit ceeded to call the roll. State, it regularly brings over 100,000 reduction. Mr. WHITEHOUSE. Madam Presi- The son of a Lithuanian immigrant to this visitors yearly from all 50 States and 40 dent, I ask unanimous consent that the land of now diminishing equal opportunity, I countries. order for the quorum call be rescinded. had the good fortune to start a small com- One of Bill’s biggest successes over The PRESIDING OFFICER. Without pany that enjoyed a measure of success and the last 12 years is the Lower Town re- that was eventually acquired by Stride Rite objection, it is so ordered. Corp. Twelve months later I was asked to be- vitalization project. Lower Town, a Pa- f come president of Stride Rite. ducah neighborhood that is rich with Throughout the last 10 years of my tenure, MORNING BUSINESS history but had become dilapidated the company’s return on investment was in with neglect, became the focus of re- the top 1 percent of all companies listed on Mr. WHITEHOUSE. Madam Presi- newal for city government under the the New York Stock Exchange. We created dent, I ask unanimous consent that the mayor’s vision. thousands of new jobs. By the time I left, we Senate proceed to a period of morning Revitalization efforts focused on cre- had over 5,000 employees. Our success rested business, with Senators permitted to on the quality of the product and service ating an awareness of Lower Town as a speak therein for up to 10 minutes cultural center for the arts and an ac- provided to consumers. It was a reflection on each. the quality of the workforce as well as the cessible retail environment friendly to management. My success could not have The PRESIDING OFFICER. Without local businesses. Now, a decade later, been possible without the people whom we objection, it is so ordered. this project has been successful, yield- continued to hire and to train as we grew. I f ing much renovation of local historic depended on them as much as they depended buildings and new construction, luring upon me. TRIBUTE TO MAYOR BILL PAXTON In the years we were creating so many more than 75 new artists and busi- Mr. MCCONNELL. Madam President, jobs, my federal income taxes on the top nesses to Lower Town, and bringing slice of my income were sometimes as high I rise today to pay tribute to my good over $30 million in private investment as 70 percent, but these rates never discour- friend the mayor of Paducah, KY, Mr. in the area. aged me or anyone else from hiring workers Bill Paxton. Mayor Paxton has been a Bill was born and raised in Paducah. or growing a company. Today we’re paying vital partner of mine in our efforts to Prior to serving three terms as mayor, about half that on the top portion of salaries bring economic development to the Pa- he was elected to Paducah’s city com- and fees, and a meager 15 percent on the big ducah region, improve the quality of mission in 1998. It was a family tradi- chunk of our income that comes from invest- life for its residents, and represent ments. That’s why Governor Romney and I tion, as his father, William F. Paxton and many other millionaires pay a lower in- their interests in public service. Padu- Jr., had also served on the city com- come-tax rate than many working American cah could not ask for a finer mayor mission. As a private citizen, Bill families. than Bill Paxton. worked for 30 years in the banking in- Many millionaires never create any jobs at Now it’s my sad duty to report to my dustry. Bill is also one of the few may- all. Those who do will create them regardless colleagues that after 12 years in office, ors in Kentucky to serve two terms as of the tax rate and certainly won’t be dis- Mayor Paxton is retiring. And al- head of the League of Cities, proving suaded by the small increase of about 5 per- though Kentuckians will miss his centage points that the president has pro- his talents are appreciated not just in posed. steady hand at the helm of leadership, Paducah but across Kentucky. The myth of millionaires as job creators no one can say Bill Paxton has not I have been pleased to get to know being turned off by higher taxes is the cre- given more than his share of dedication both Bill and his wife, Lucy, over the ation of some members of the U.S. House and and commitment to the people of his years and am proud to call them close U.S. Senate who are funded by these same city. And we all certainly wish him the friends. I am sure that Lucy; their two millionaires. They know little of what very best as he leaves the mayor’s of- makes companies successful. children, Christina Paxton Cassetty Romney knows better. It is a matter of fice and moves on to his next endeav- and William F. Paxton IV; and many record that during the time tax rates, both ors, where I am sure he will find much other beloved friends and family mem- corporate and personal, were so much higher, success just as he has in public service. bers join me and Elaine in saying we our economy was booming. Conversely, the It would take too long for me to de- are proud of Bill Paxton’s record of ac- slowest job growth since World War II took scribe everything we’ve worked on to- complishment as mayor, and we wish place between the Bush tax cuts for million- gether over the years, but I’ll mention aires and the 2008 economic meltdown. him the best in his well-earned retire- A few months ago, every Republican in the a few. For several years we worked to- ment. He is one of Kentucky’s most House and Senate, along with 19 House gether to bring economic growth to distinguished citizens and public serv- Democrats and two Senate Democrats, voted downtown Paducah with a new river- ants. against a bill ending the Bush tax breaks for front marina development. After a long f the richest 2 percent, but extend them for 98 road marked by the occasional setback, percent of Americans and 97 percent of small the Paducah Riverfront and Marina TRIBUTE TO DR. RUSSELL businesses. I hope they will take a fresh look groundbreaking ceremony took place DOHNER at the facts. That’s why I joined with over last month. The new riverfront will 100 other millionaires in signing a Voices for Mr. DURBIN. Madam President, I Progress letter to all members of Congress, spur job creation and serve as a public want to recognize ‘‘a wonderful life.’’ appealing to them not to renew these tax space for all of Paducah’s residents to Much like the movie starring Jimmy breaks. Allowing the richest 2 percent to enjoy. Stewart, it is the story of a small town withhold tax dollars robs children of health For years, Mayor Paxton has been in- boy who dreamed of big adventures in a and education. It is not only immoral, it is dispensable on a host of issues affect- big city, but who discovered his life’s bad economics. They are the future of our ing the Paducah gaseous diffusion calling not far from home. country, which has begun to fall behind our plant and its hard-working employees. For nearly 60 years, Dr. Russell competitors. It is also destroying the Amer- Bill has also been crucial in efforts to Dohner has dedicated his life to pro- ican Dream, which brought my father to this country alone at the age of 15. create the Paducah River Discovery viding affordable healthcare to resi- Both he and the Founding Fathers would Center, improve the Paducah Area dents of Rushville—a rural community agree that the future of this nation should Transit System, and upgrade local law- in western Illinois.

VerDate Mar 15 2010 02:56 Dec 05, 2012 Jkt 029060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A04DE6.020 S04DEPT1 PWALKER on DSK7TPTVN1PROD with S7398 CONGRESSIONAL RECORD — SENATE December 4, 2012 Dr. Dohner grew up on a farm, not far to miss votes on Paul William Grimm’s ber who served in the U.S. Army and from Rushville, one of seven children. nomination as U.S. district judge, and deployed to Iraq in support of Oper- He experienced seizures as a small boy, for the motion to invoke cloture on S. ation Iraqi Freedom from January 2006 and it was his family doctor who 3254, the National Defense Authoriza- to February 2007. stayed by his side and inspired him to tion Act. I wish to record for the Jonathan was born August 19, 1985 in enter the medical field. After high RECORD that had I been present, I Portsmouth, NH. He graduated from school, Dr. Dohner served in the Army would have voted ‘‘aye’’ on each vote. Portsmouth High School in 2003 and during World War II, attended Western f went on to attend Southern New Hamp- Illinois University, and then worked shire University where he received high RECOGNIZING WILDLIFE his way through Northwestern Univer- academic honors and made the dean’s CONSERVATION DAY sity Medical School. list. Although he hoped to move to a big Mr. WHITEHOUSE. Madam Presi- Jonathan joined the U.S. Army after city and work as a cardiologist, he dent, as cochairs of the International graduating college. He became a Fire knew Rushville, a city of just 3,200 peo- Conservation Caucus, Senator TOM Direction Specialist with Charlie Bat- ple, needed a doctor. In 1955 he opened UDALL and I stand together on Wildlife tery, 2nd Battalion, 3rd Field Artillery an office there hoping to stay just a Conservation Day, December 4th, to Regiment. For his service during the few years. That was 57 years ago. emphasize the need for governments, war in Iraq, he was awarded numerous Today, little has changed in his Rush- organizations, and individuals to pro- medals, including the Army Com- ville office—the nurses, the furniture, tect the world’s endangered species, mendation Medal, the Army Achieve- and the price of a visit. He charges pa- which face threats from poaching, il- ment Medal and the Army Good Con- tients just $5 a visit. licit trade, pollution, and improper duct Medal. He does not take health insurance, land use. Jonathan took pride in his service to but at only $5 most of his patients can The International Conservation Cau- his country. After returning from Iraq, afford the visit. Even if someone can- cus has focused attention this Congress he became a member of the Emerson not pay, he still helps them. on poaching and the illegal wildlife Hovey Veterans of Foreign Wars Post Dr. Dohner barely makes enough trade, a lucrative and illicit global #168, supporting and being supported money to pay his nurses, and he relies market worth anywhere from $5 to $20 by fellow veterans and continuing to on income from his family’s farm to billion annually. This trade threatens stay involved in the Army. He was also make ends meet. However, one thing biodiversity, stability, and the rule of a dedicated New England Sports fan. There are no words to adequately that helps keep the office overhead low law. thank this brave New Hampshire son is the lack of technology. There is no New initiatives proposed by the U.S. for his commitment to our country. I computer, no fax machine, and no an- State Department are needed to pro- tect wildlife, combat trafficking, and hope that, during this hard time, Jona- swering machines. Five decades of than’s friends and family can find com- reduce demand. We applaud the State records are kept on handwritten, 4-by- fort knowing that Americans every- Department’s commitment to 6 index cards. where share a deep and profound appre- strengthening a global system of wild- Dr. Dohner keeps his office open 7 ciation for their Jonathan’s willingness life enforcement and the work of the days a week. On Sundays he stops in to answer the call to defend America U.S. Agency for International Develop- before going to church. He starts his and our way of life. day making rounds at Culbertson Me- ment to strengthen regional Sadly, Jonathan’s mother, Katie morial Hospital in Rushville, he then antitrafficking networks. Mickle, passed away suddenly in 2000 takes patients at his office, and he ends In addition, we and our allies should from pancreatic cancer at the age of 39. the day with another round at the hos- investigate and prosecute wildlife Jonathan is survived by his father War- pital. He may see as many as 120 pa- crime more aggressively, but we should ren of Portsmouth, his brothers, Rob- tients a day. He works with patients on not see the seizure of ivory, rhino ert and Matthew and his wife, Kristy, a first-come, first-serve basis. But, if it horns, and other wildlife products as of Kittery, ME; his sister Whitney is an emergency Dr. Dohner lets them the sole measure of success. We must Mickle and her fiance´ Michael Foley of use the back door. And if patients are also reduce demand, take down traf- Eliot; and niece Marlee Jane Mickle. too sick to make the trip in, he will ficking kingpins through international I ask my colleagues and all Ameri- make a house call. law enforcement efforts, and protect cans to join me in honoring the life and Although he has no children of his wildlife populations to prevent envi- service of this dedicated servicemem- own, he has delivered more than 3,500 ronmental devastation. Advanced tech- ber and brave young American, Jona- babies. This happens to be more people nologies and modern forensics can aid than Mickle. than the population of Rushville. these efforts. f Dr. Dohner puts patients before him- On the diplomatic front, our Ambas- self. He has never been on a vacation sadors must increase the pressure on TRIBUTE TO FLIGHT 93 and cannot remember ever taking a countries to ensure members of their Mr. CASEY. Mr. President, I would day off. The only time he has closed militaries and law enforcement agen- like to include the remarks made by down his office was when he suffered a cies do not look the other way or par- Mr. Gordon Felt, former President of heart attack and he himself needed ticipate in trafficking of wildlife and the Families of Flight 93, for the medical care. Dr. Dohner has said, ‘‘I that enforcement is rigorous. Public RECORD in honor of the Congressional have to take care of my patients first.’’ education programs both abroad and tribute held earlier this morning. I At age 87 and after nearly 60 years on here in the United States must be ex- want to extend my gratitude to Mr. the job, Dr. Dohner continues to pro- panded to reduce demand for trafficked Felt and the Families of Flight 93 for vide the rural area with selfless serv- wildlife and products. their tireless commitment to honoring ice, hard work, and affordable We look forward to continuing to the heroic sacrifice of their loved ones. healthcare. He does not seem to be promote policies that protect natural There being no objection, the mate- slowing down much, and for that, the resources and wildlife. Wildlife con- rial was ordered to be printed in the community is grateful. servation is vital to maintaining bio- RECORD, as follows: Dr. Russell Dohner is as a wonderful diversity, global stability, and eco- Good morning. Mrs. Toomey, Mrs. Casey, example of how one person’s life can nomic vitality across the world. the entire host committee and members of the House and Senate joining us today, to have a big impact on a small town. f our partners at the National Park Service f REMEMBERING JONATHAN MICKLE and National Park Foundation and to those VOTE EXPLANATION Mrs. SHAHEEN. Madam President, family members in attendance, I stand be- fore you with an overwhelming sense of pride Mr. MERKLEY. Madam President, today I wish to honor the military knowing that this building, this symbol of because of an important meeting with service of Jonathan Mickle. Jonathan our nation’s great democracy, perhaps would business and government leaders in Or- died on October 30 in Rye, NH. He is re- have been destroyed were it not for the self- egon on Monday morning, I was forced membered as a dedicated servicemem- less actions of 40 brave men and women

VerDate Mar 15 2010 02:56 Dec 05, 2012 Jkt 029060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G04DE6.030 S04DEPT1 PWALKER on DSK7TPTVN1PROD with December 4, 2012 CONGRESSIONAL RECORD — SENATE S7399 aboard United Flight 93. For without their our cultural heritage in order to educate and Hailing from Trapper Creek, AK, courageous stand taken on September 11, inspire future generations. Leigh embodies Alaska values. She is 2001, our Capitol building and many of those ‘‘Do what is right, not what is easy.’’ Since independent, inquisitive, a self-starter serving within, perhaps some of you, may September 11th this mantra has guided so and actively involved in her work and have been further victims of the terrorism many within our Flight 93 National Memo- that fundamentally changed our lives and rial partnership and our extended Flight 93 community. While in my office, Leigh our country on that dark day. With each National Memorial Family. Whether it is in completed the Truman National Secu- visit to the Capitol I make time to pass the halls of Congress, Harrisburg, Somerset, rity Project Security Scholars pro- through the Rotunda and view the magnifi- or Shanksville, Pennsylvania, this project gram. She was the office’s liaison to cent plaque dedicated to the actions of the has been joined by all that appreciate the the Alaska State Society, she taught passengers and crew of United Flight 93. personal, political, cultural and historical Bible study at her church and somehow While the traumatic repercussions of Sep- impact September 11th has had on our coun- she still found the time to train and tember 11, 2001 have been deeply felt by each try and freedom loving peoples around the run the Army Ten-Miler in support of and every family member that lost a loved world. On one of the bleakest days in our his- one that day, and by the community of Som- tory, the trial of 40 individuals helped us re- our troops. erset County whose lives and way of life have member that we are strong with an un- As a defense legislative fellow, she been forever changed, I appreciate the con- quenched thirst for freedom and that no per- contributed greatly to the State of scious awareness of those serving in this son or ideology will ever cause us to waver Alaska and the Nation. She led the building of the fact, that as tragic as that from a course that was set in motion by our charge on Arctic issues because she day was to our country, it could have been forefathers. recognized the increasing importance significantly worse. In those defining 22 minutes when our As family members that lost loved ones of the region. Due to her work, I was loved ones experienced a horror beyond com- successful in securing report language aboard United Flight 93, we struggle contin- prehension, they collectively chose to act. ually with our loss. Our lives over the past Not as individuals, but as a force ignited by to accompany the National Defense eleven years have all taken differing paths the love of family, love of freedom and a su- Authorization Act for Fiscal Year 2013 with one common factor that will forever periority in spirit unwilling to sit back and on appropriately resourcing the Arctic. bind us together. Our family of Flight 93, allow an evil so incarnate to suppress their She staffed me at numerous hearings forged in tragedy and thrust into the public dreams and desires. They were thrust to- and provided vital insight on a number domain has provided an avenue by which we gether by events not caused by individual can advocate for those family members that of pressing national security issues. existences, but by social, political, and reli- will forever remain alive in our hearts and As a member of my team, Leigh ap- gious forces that sought to break our spirit minds. This journey has not been easy for proached each day with a positive atti- through terror. How can we not stand in any and more difficult for some. tude. Despite working in an environ- awe? How can we not celebrate their spirit? For some families and individuals, with- How can we not honor those 40 individuals ment where one can easily become dis- drawal into their personal lives at home, or that have been woven into the fabric of our couraged by politics, Leigh never failed fresh new starts beyond the reach of the nation’s proud history? The Flight 93 Na- to smile and press forward in the best media and chaos of September 11th have tional Memorial will ensure that their ef- been an avenue of survival. Others have interest of the Nation. forts, their actions and their spirit will not joined in community with family members It has been a pleasure to host Major be forgotten. suffering similar loss and have found com- Hasson in my office. I wish her the best fort with the understanding that comes from f in her future endeavors and thank her shared tragedy. And there are others that for her service.∑ ADDITIONAL STATEMENTS have continued to move forward masking f their grief as they approach life one day at a time . . . surviving. Within our families TRIBUTE TO CHIEF JUDGE there are others that have made a conscious TRIBUTE TO MAJOR D. LEIGH ROBERT M. BELL decision to serve as advocates, representing HASSON ∑ Mr. CARDIN. Madam President, the interests of the Families of Flight 93 ∑ Mr. BEGICH. Mr. President, I wish to today I wish to recognize the Honor- through the Flight 93 National Memorial Partnership. No avenue of healing is proper recognize my 2012 defense legislative able Robert M. Bell, Chief Judge of the and correct for all, just as no closure will fellow, MAJ D. Leigh Hasson. Major Maryland Court of Appeals, for his out- ever be felt for those experiencing such great Hasson served my office with distinc- standing contributions as a jurist, ad- loss. tion. From her first town hall in Fair- ministrator, and justice advocate. His Our families are spread out across the banks, AK, to her final days spent on work on the bench has transformed the globe and represent a unique diversity in cul- the floor of the United States Senate Maryland judicial system. His success ture. Yet, when we gather together each year as the National Defense Authorization in Maryland has provided leadership on the anniversary of September 11th, we are Act for Fiscal Year 2013 was being con- one. Somerset County, Pennsylvania has be- for national initiatives. And Chief come an extension of our homes and the sidered, she demonstrated honor, integ- Judge Bell has secured his place in his- community has welcomed us into their rity, leadership and professionalism. tory as a civil rights leader, both in hearts unconditionally even as they struggle Major Hasson received her commis- Maryland and nationally. daily with the impact of events set in motion sion from the United States Air Force Chief Judge Bell has served as the on September 11, 2001. Their lives have been Officer Training School in January Chief Judge of the Maryland Court of impacted in ways that they are still coming 2000. As a navigator with over 1,000 Appeals and the head of Maryland’s Ju- to understand. Yet there is a strength and combat flight hours, she has deployed diciary for the past 15 years. But before wholesomeness in the people of Somerset in support of Operations Northern County that provides great comfort to our Chief Judge Bell took the bench, I want families. They proudly stand as Ambassadors Watch, Southern Watch, Enduring to bring to the attention of my col- working hand in hand with the National Freedom and Iraqi Freedom. She has leagues in the Senate that Chief Judge Park Service ready to tell the story of our experience establishing and supporting Bell was already involved with our loved ones to any and all that visit the me- major commands including the Inter- State’s judicial system. As a high morial. national Security Assistance Force school student, he was a civil rights The Flight 93 National Memorial is more Joint Command headquarters and protestor who engaged in civil disobe- than a tribute to 40 heroes. Its existence Joint Forces Command. Major Hasson serves our country in a far greater capacity dience in Baltimore, and his case ulti- than just as a place marker for history. Over has been selfless in her service and sac- mately reached the U.S. Supreme these past 11 years we have come to realize rifice throughout her career. Court. that the Flight 93 National Memorial has a Her family has supported her through The Maryland State Archives has quality within similar to that of Gettysburg these deployments and her tenure in used the Bell v. Maryland case as part or Pearl Harbor. A strong sense of purpose, the Air Force. Her husband David, son of its series on ‘‘Teaching American of loss, yet triumph permeates the entire Samuel and daughter Alexis have been History in Maryland’’. According to site and only becomes more intense as visi- by her side through it all. It is for the account by the Archives, in 1960, tors approach and gaze upon our Sacred them she serves our Nation—to protect the majority of restaurants in down- Ground. The memorial was designed to honor 40 heroes, but also serves in the short term what they have and to protect their fu- town Baltimore were still segregated to help heal a generation of Americans deep- ture. I would like to thank David, Sam- and blacks were not served at all-white ly affected by the traumatic effects of Sep- uel and Alexis for their sacrifices in dining establishments. Students from tember 11th and stands to preserve a piece of support of Major Hasson. Dunbar High School and Morgan State

VerDate Mar 15 2010 02:56 Dec 05, 2012 Jkt 029060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G04DE6.073 S04DEPT1 PWALKER on DSK7TPTVN1PROD with S7400 CONGRESSIONAL RECORD — SENATE December 4, 2012 College were recruited by the Civic In- In 2002, Chief Judge Bell appointed a and began practicing law in 1967, con- terest Group to enter all-white res- Commission on Racial and Ethnic Fair- centrating on family law and real es- taurants and demand service. On June ness in the Judicial Process to evaluate tate matters. But his desire to do more 17, 1960, a group of students entered outcomes and recommend ways to re- for his community led him to take Hooper’s Restaurant, located at duce or eliminate unequal access to or Emergency Medical Technician, EMT, Charles and Fayette Streets, and asked treatment by the court system. In 2008, training and join the Pikesville Volun- to be served. They were told to leave, he created the Access to Justice Com- teer Fire Department. Over the years, but 12 of the students, including 16- mission to develop, consolidate, coordi- Lee took more and more training, first year-old Robert Mack Bell from Dun- nate, and implement policy initiatives to qualify as a paramedic and then as a bar High School, refused. They were to expand access to and enhance the firefighter, fire driver/operator and each charged with trespassing, found quality of justice in civil legal matters. lastly a fire instructor. guilty, and fined $10. The case was ap- He sought ways to find non-traditional Lee’s dedication, training, and lead- pealed, and one of the students’ law- methods to help solve the problems of ership skills have resulted in his elec- yers was Thurgood Marshall from the crime by promoting Alternative Dis- tion to many volunteer fire positions, National Association for the Advance- pute Resolution, ADR, programs most notably as president of the Pikes- ment of Colored People, NAACP, who throughout Maryland. He promoted the ville Volunteer Fire Department, the went on to become the first African- growth of drug treatment courts in Baltimore County Volunteer Firemen’s American Justice on the United States Maryland and established the Standing Association, and the Maryland State Supreme Court. The students and their Committee on Problem-Solving Courts Firemen’s Association. He has been in- attorneys argued that the use of the to coordinate these efforts. He used ducted into the Baltimore County Vol- State’s trespassing laws to support seg- technology to provide more accurate unteer Firemen’s Association Hall of regation of public accommodations vio- and uniform data critical to the en- Fame, named Executive Officer of the lated the Fourteenth Amendment, forcement of domestic violence and Year, and received the organization’s which guarantees the ‘‘equal protec- peace orders, and launched an ongoing President’s Award. He was recognized tion of the laws’’ to all persons. effort to prepare Maryland judges to by the Maryland State Firemen’s Asso- In 1962, the Maryland Court of Ap- adjudicate cases involving science and ciation as EMS Provider of the Year peals upheld the students’ convictions biotechnology. And when the housing and recipient of the Gladhill-Thompson and the decision of the lower court, and crisis hit Maryland, he called Mary- Trophy. the case was appealed to the U.S Su- land’s legal community together to At the same time Lee was performing preme Court. In the summer of 1964, provide pro bono assistance to home- all of this public service, he was also the United States Senate finally over- owners faced with foreclosure. As a re- working as a well-respected attorney, came a filibuster and passed the Civil sult of those efforts, the Maryland Gen- volunteering time at the Women’s Law Rights Act of 1964, which prohibited eral Assembly passed legislation to Center and the Maryland Bar Associa- segregation and discrimination in pub- better protect homeowners. tion, and providing pro bono legal serv- lic accommodations. The State of Time and time again, when Chief ices to clients referred by the Maryland Maryland also passed a public accom- Judge Bell has faced challenges, he has Volunteer Lawyers Service. modations law. Shortly after this ac- seized the opportunity to find solu- Lee Sachs has led a life dedicated to tion by Congress, the Supreme Court tions. He has done so with grace and serving his community. I hope all Sen- remanded the case back to the Mary- intellect and compassion. He has ral- ators will join me in thanking him for land Court of Appeals. On April 9, 1965, lied the legal community and expanded his commitment to public service and the convictions were reversed, the stu- opportunities for those with few op- his efforts to ensure the health and dents were cleared of all charges, and tions and no voice. safety of his fellow Marylanders.∑ the City of Baltimore was ordered to From Robert Bell’s days as a high f pay court costs to the students. school student, long before he even Robert Mack Bell went on to grad- went to law school, he has strived to MEASURES PLACED ON THE uate from Morgan State in Baltimore promote justice and equality for all CALENDAR and then Harvard Law School, and was Americans. The Preamble to the Con- The following bill was read the sec- admitted to the Maryland Bar in 1969. stitution provides that ‘‘We the People ond time, and placed on the calendar: After working in private practice for of the United States, in Order to form H.R. 6429. An act to amend the Immigra- several years, he was appointed as a a more perfect Union, establish Justice tion and Nationality Act to promote innova- Baltimore City District Court judge, do ordain and establish this Constitu- tion, investment, and research in the United which handles misdemeanors. In 1980, tion for the United States of America.’’ States, to eliminate the diversity immigrant he was elevated to the Baltimore City Just like Thurgood Marshall, a fellow program, and for other purposes. Circuit Court, which handles felony Baltimorean and legal giant, Chief f cases and jury trials. In 1984, he was Judge Bell has played a large part in EXECUTIVE AND OTHER elevated again to the Court of Special upholding and defending our Constitu- COMMUNICATIONS Appeals, our intermediate appellate tion in Maryland, and in helping our court. In 1991, Judge Bell was ap- State and nation move toward ‘‘estab- The following communications were pointed to the Maryland Court of Ap- lishing justice’’ and creating a ‘‘more laid before the Senate, together with peals, our State’s top court. Finally, he perfect union.’’ I urge my colleagues to accompanying papers, reports, and doc- was appointed as Chief Judge of the join me in thanking Chief Judge Rob- uments, and were referred as indicated: Maryland Court of Appeals in 1996, be- ert Bell for his civil rights leadership, EC–8401. A communication from the Under coming the first African-American to contributions to the legal community, Secretary of Defense (Acquisition, Tech- serve in that capacity. He is one of the and inspirational life as he retires after nology and Logistics), transmitting, pursu- few judges to serve at all four levels of ant to law, the Defense Environmental Pro- an outstanding career of public serv- grams Annual Report for fiscal year 2011; to the Maryland judiciary during his ca- ice.∑ the Committee on Armed Services. reer. And Chief Judge Bell also has the f EC–8402. A communication from the Asso- rare distinction of serving on and then ciate Director, Office of Foreign Assets Con- running a court that had previously TRIBUTE TO LEE SACHS trol, Department of the Treasury, transmit- ruled against him. ∑ Mr. CARDIN. Madam President, ting, pursuant to law, the report of a rule en- During his 2 decades on the bench, today I wish to recognize the contribu- titled ‘‘Cuban Assets Control Regulations’’ Chief Judge Bell has been a moving tions of Lee Norman Sachs, one of (31 CFR Part 515) received in the Office of the force on committees and commissions America’s outstanding first-responders President of the Senate on November 29, that have looked at ways to provide and human beings whose contribution 2012; to the Committee on Banking, Housing, and Urban Affairs. greater access to justice, to better in- of time, talent, and leadership span EC–8403. A communication from the Chair- corporate the advantages of tech- over 31⁄2 decades. Lee graduated from man and President of the Export-Import nology, and to enhance legal training the University of Pennsylvania and the Bank, transmitting, pursuant to law, a re- and compensation. University Of Maryland School Of Law, port relative to a transaction involving U.S.

VerDate Mar 15 2010 02:56 Dec 05, 2012 Jkt 029060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G04DE6.032 S04DEPT1 PWALKER on DSK7TPTVN1PROD with December 4, 2012 CONGRESSIONAL RECORD — SENATE S7401 exports to South Korea and China; to the proposed issuance of an export license pursu- through September 30, 2012; to the Com- Committee on Banking, Housing, and Urban ant to section 36(d) of the Arms Export Con- mittee on Homeland Security and Govern- Affairs. trol Act (Transmittal No. RSAT 12–2912); to mental Affairs. EC–8404. A communication from the Chair- the Committee on Foreign Relations. EC–8423. A communication from the Sec- man and President of the Export-Import EC–8413. A communication from the Assist- retary of Labor, transmitting, pursuant to Bank, transmitting, pursuant to law, a re- ant Secretary, Legislative Affairs, Depart- law, the Department of Labor’s Semiannual port relative to a transaction involving U.S. ment of State, transmitting, certification of Report of the Inspector General for the pe- exports to the United Arab Emirates (UAE); proposed issuance of an export license pursu- riod from April 1, 2011 through September 30, to the Committee on Banking, Housing, and ant to section 36(d) of the Arms Export Con- 2012; to the Committee on Homeland Secu- Urban Affairs. trol Act (Transmittal No. DDTC 12–145); to rity and Governmental Affairs. EC–8405. A communication from the Assist- the Committee on Foreign Relations. EC–8424. A communication from the Vice ant Secretary for Export Administration, EC–8414. A communication from the Chief Chairman of the Board of Governors, U.S. Bureau of Industry and Security, Depart- of the Trade and Commercial Regulations Postal Service, transmitting, pursuant to ment of Commerce, transmitting, pursuant Branch, Customs and Border Protection, De- law, the Office of Inspector General’s Semi- to law, the report of a rule entitled ‘‘Edi- partment of Homeland Security, transmit- annual Report and the Postal Service man- torial Corrections to the Commerce Control ting, pursuant to law, the report of a rule en- agement response to the report for the pe- List of the Export Administration Regula- titled ‘‘Informal Entry Limit and Removal of riod of April 1, 2012 through September 30, tions’’ (RIN0694–AF62) received in the Office a Formal Entry Requirement’’ (RIN1515– 2012; to the Committee on Homeland Secu- of the President of the Senate on November AD69) received in the Office of the President rity and Governmental Affairs. 29, 2012; to the Committee on Commerce, of the Senate on November 29, 2012; to the EC–8425. A communication from the Chair- Science, and Transportation. Committee on Finance. EC–8406. A communication from the Direc- EC–8415. A communication from the Chief man, Defense Nuclear Facilities Safety tor for Internal Control and Management of the Publications and Regulations Branch, Board, transmitting, pursuant to law, the Systems, National Aeronautics and Space Internal Revenue Service, Department of the Board’s fiscal year 2012 Performance and Ac- Administration, transmitting, pursuant to Treasury, transmitting, pursuant to law, the countability Report; to the Committee on law, the report of a rule entitled ‘‘Removal report of a rule entitled ‘‘Branded Prescrip- Homeland Security and Governmental Af- of Obsolete Regulation’’ (RIN2700–AD78) re- tion Drug Fee; Guidance for the 2013 Fee fairs. ceived in the Office of the President of the Year’’ (Notice 2012–74) received in the Office EC–8426. A communication from the Chief Senate on November 29, 2012; to the Com- of the President of the Senate on November Executive Officer, Millennium Challenge mittee on Commerce, Science, and Transpor- 30, 2012; to the Committee on Finance. Corporation, transmitting, pursuant to law, tation. EC–8416. A communication from the Chief the Office of Inspector General’s Semiannual EC–8407. A communication from the Assist- of the Publications and Regulations Branch, Report for the period of April 1, 2012 through ant Regional Director, Fish and Wildlife Internal Revenue Service, Department of the September 30, 2012; to the Committee on Service, Department of the Interior, trans- Treasury, transmitting, pursuant to law, the Homeland Security and Governmental Af- mitting, pursuant to law, the report of a rule report of a rule entitled ‘‘Tier 2 Rates for fairs. entitled ‘‘Subsistence Management Regula- 2013’’ received in the Office of the President tions for Public Lands in Alaska—2012–13 and of the Senate on November 30, 2012; to the f 2013–14 Subsistence Taking of Wildlife Regu- Committee on Finance. lations’’ (RIN1018–AX33) received in the Of- EC–8417. A communication from the Chief fice of the President of the Senate on No- of the Publications and Regulations Branch, INTRODUCTION OF BILLS AND vember 30, 2012; to the Committee on Energy Internal Revenue Service, Department of the JOINT RESOLUTIONS and Natural Resources. Treasury, transmitting, pursuant to law, the The following bills and joint resolu- EC–8408. A communication from the Chief report of a rule entitled ‘‘2013 Standard Mile- tions were introduced, read the first of the Permits and Regulations Branch, Fish age Rates’’ (Notice 2012–72) received in the and Wildlife Service, Department of the Inte- Office of the President of the Senate on No- and second times by unanimous con- rior, transmitting, pursuant to law, the re- vember 30, 2012; to the Committee on Fi- sent, and referred as indicated: port of a rule entitled ‘‘Migratory Bird Per- nance. By Mr. BEGICH: mits; Delegating Falconry Permitting Au- EC–8418. A communication from the Chief S. 3651. A bill to amend title II of the So- thority to Seven States’’ (RIN1018–AZ16) re- of the Publications and Regulations Branch, cial Security Act and the Internal Revenue ceived in the Office of the President of the Internal Revenue Service, Department of the Code of 1986 to make improvements in the Senate on November 30, 2012; to the Com- Treasury, transmitting, pursuant to law, the old-age, survivors, and disability insurance mittee on Environment and Public Works. report of a rule entitled ‘‘2013 Section 1274A program, to provide for cash relief for years EC–8409. A communication from the Chief CPI Adjustments’’ (Rev. Rul. 2012–33) re- for which annual COLAs do not take effect of the Listing Branch, Fish and Wildlife ceived in the Office of the President of the under certain cash benefit programs, and to Service, Department of the Interior, trans- Senate on November 30, 2012; to the Com- provide for Social Security benefit protec- mitting, pursuant to law, the report of a rule mittee on Finance. tion; to the Committee on Finance. entitled ‘‘Endangered and Threatened Wild- EC–8419. A communication from the Chief By Mr. LEAHY (for himself and Mr. life and Plants; Revised Critical Habitat for of the Publications and Regulations Branch, COONS): the Riverside Fairy Shrimp’’ (RIN1018–AX15) Internal Revenue Service, Department of the S. 3652. A bill to allow acceleration certifi- received in the Office of the President of the Treasury, transmitting, pursuant to law, the cates awarded under the Patents for Human- Senate on November 30, 2012; to the Com- report of a rule entitled ‘‘2012 Base Period T- ity Program to be transferable; to the Com- mittee on Environment and Public Works. Bill Rate’’ (Rev. Rul. 2012–22) received in the mittee on the Judiciary. EC–8410. A communication from the Chief Office of the President of the Senate on No- By Ms. KLOBUCHAR (for herself, Mr. of the Listing Branch, Fish and Wildlife vember 30, 2012; to the Committee on Fi- BOOZMAN, Mr. FRANKEN, and Mr. Service, Department of the Interior, trans- nance. PRYOR): mitting, pursuant to law, the report of a rule EC–8420. A communication from the Direc- S. 3653. A bill to improve the training of entitled ‘‘Endangered and Threatened Wild- tor of Regulations and Policy Management child protection professionals; to the Com- life and Plants; Designation of Critical Habi- Staff, Food and Drug Administration, De- mittee on the Judiciary. tat for the Southern Selkirk Mountains Pop- partment of Health and Human Services, By Mr. REID: ulation of Woodland Caribou’’ (RIN1018– transmitting, pursuant to law, the report of AX38) received in the Office of the President a rule entitled ‘‘Uniform Compliance Date S. 3654. A bill to create equal footing for of the Senate on November 30, 2012; to the for Food Labeling Regulations’’ (Docket No. tribal economic development; to the Com- Committee on Environment and Public FDA–2000–N–0011) received in the Office of mittee on Indian Affairs. Works. the President of the Senate on November 30, By Mr. LAUTENBERG (for himself, EC–8411. A communication from the Chief 2012; to the Committee on Health, Education, Mr. BLUMENTHAL, and Mr. LIEBER- of the Listing Branch, Fish and Wildlife Labor, and Pensions. MAN): Service, Department of the Interior, trans- EC–8421. A communication from the Sec- S. 3655. A bill to provide enhanced disaster mitting, pursuant to law, the report of a rule retary of Veterans Affairs, transmitting, unemployment assistance to States affected entitled ‘‘Endangered and Threatened Wild- pursuant to law, the Uniform Resource Loca- by Hurricane Sandy and Tropical Storm life and Plants; Designation of Revised Crit- tor (URL) address for the Department of Vet- Sandy of 2012, and for other purposes; to the ical Habitat for the Northern Spotted Owl’’ erans Affairs 2012 Performance and Account- Committee on Finance. (RIN1018–AX69) received in the Office of the ability Report; to the Committee on Home- By Ms. KLOBUCHAR (for herself and President of the Senate on November 30, land Security and Governmental Affairs. Mr. WICKER): 2012; to the Committee on Environment and EC–8422. A communication from the Sec- S. 3656. A bill to repeal an obsolete provi- Public Works. retary of Veterans Affairs, transmitting, sion in title 49, United States Code, requiring EC–8412. A communication from the Assist- pursuant to law, the Department of Veterans motor vehicle insurance cost reporting; to ant Secretary, Legislative Affairs, Depart- Affairs’ Semiannual Report of the Inspector the Committee on Commerce, Science, and ment of State, transmitting, certification of General for the period from April 1, 2011 Transportation.

VerDate Mar 15 2010 02:56 Dec 05, 2012 Jkt 029060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A04DE6.023 S04DEPT1 PWALKER on DSK7TPTVN1PROD with S7402 CONGRESSIONAL RECORD — SENATE December 4, 2012 SUBMISSION OF CONCURRENT AND S. 3647 thorize appropriations for fiscal year SENATE RESOLUTIONS At the request of Ms. KLOBUCHAR, the 2013 for military activities of the De- The following concurrent resolutions name of the Senator from Maryland partment of Defense, for military con- and Senate resolutions were read, and (Ms. MIKULSKI) was added as a cospon- struction, and for defense activities of referred (or acted upon), as indicated: sor of S. 3647, a bill to amend title 10, the Department of Energy, to prescribe United States Code, to improve and en- military personnel strengths for such By Mr. UDALL of New Mexico (for hance the capabilities of the Armed fiscal year, and for other purposes. himself, Mr. BROWN of Massachu- setts, Mr. BEGICH, Mrs. MURRAY, Mr. Forces to prevent and respond to sex- AMENDMENT NO. 3262 BINGAMAN, and Ms. MURKOWSKI): ual assault and sexual harassment in At the request of Mr. LEVIN, his name S. Res. 608. A resolution supporting the es- the Armed Forces, and for other pur- and the name of the Senator from tablishment of a President’s Youth Council; poses. Delaware (Mr. COONS) were added as co- to the Committee on Health, Education, S.J. RES. 45 sponsors of amendment No. 3262 pro- Labor, and Pensions. At the request of Mrs. HUTCHISON, the posed to S. 3254, an original bill to au- f name of the Senator from Oregon (Mr. thorize appropriations for fiscal year ADDITIONAL COSPONSORS MERKLEY) was added as a cosponsor of 2013 for military activities of the De- S.J. Res. 45, a joint resolution amend- partment of Defense, for military con- S. 1423 ing title 36, United States Code, to des- struction, and for defense activities of At the request of Mr. TOOMEY, the ignate June 19 as ‘‘Juneteenth Inde- the Department of Energy, to prescribe name of the Senator from Mississippi pendence Day’’. military personnel strengths for such (Mr. WICKER) was added as a cosponsor fiscal year, and for other purposes. AMENDMENT NO. 2930 of S. 1423, a bill to clarify the orphan AMENDMENT NO. 3285 drug exception to the annual fee on At the request of Mrs. MCCASKILL, the name of the Senator from West At the request of Ms. AYOTTE, her branded prescription pharmaceutical name was added as a cosponsor of Virginia (Mr. MANCHIN) was added as a manufacturers and importers. amendment No. 3285 proposed to S. cosponsor of amendment No. 2930 in- S. 2207 3254, an original bill to authorize ap- tended to be proposed to S. 3254, an propriations for fiscal year 2013 for At the request of Mr. SCHUMER, the original bill to authorize appropria- military activities of the Department name of the Senator from New Hamp- tions for fiscal year 2013 for military of Defense, for military construction, shire (Mrs. SHAHEEN) was added as a co- activities of the Department of De- sponsor of S. 2207, a bill to require the and for defense activities of the De- fense, for military construction, and partment of Energy, to prescribe mili- Office of the Ombudsman of the Trans- for defense activities of the Depart- portation Security Administration to tary personnel strengths for such fiscal ment of Energy, to prescribe military year, and for other purposes. appoint passenger advocates at Cat- personnel strengths for such fiscal egory X airports to assist elderly and year, and for other purposes. f disabled passengers who believe they AMENDMENT NO. 3004 STATEMENTS ON INTRODUCED have been mistreated by TSA personnel At the request of Ms. AYOTTE, the BILLS AND JOINT RESOLUTIONS and for other purposes. name of the Senator from Mississippi By Mr. LEAHY (for himself and S. 2247 (Mr. WICKER) was added as a cosponsor Mr. COONS): At the request of Mr. LEE, the name of amendment No. 3004 intended to be S. 3652. A bill to allow acceleration of the Senator from Florida (Mr. proposed to S. 3254, an original bill to certificates awarded under the Patents RUBIO) was added as a cosponsor of S. authorize appropriations for fiscal year for Humanity Program to be transfer- 2247, a bill to amend the Federal Re- 2013 for military activities of the De- able; to the Committee on the Judici- serve Act to improve the functioning partment of Defense, for military con- ary. and transparency of the Board of Gov- struction, and for defense activities of Mr. LEAHY. Mr. President, our intel- ernors of the Federal Reserve System the Department of Energy, to prescribe lectual property system in the United and the Federal Open Market Com- military personnel strengths for such States is the envy of the world and the mittee, and for other purposes. fiscal year, and for other purposes. engine of economic growth. By grant- S. 3477 AMENDMENT NO. 3054 ing inventors exclusive rights in their At the request of Mrs. BOXER, the At the request of Mr. MCCAIN, the discoveries for a limited time, the pat- name of the Senator from Minnesota name of the Senator from Virginia (Mr. ent system incentivizes research and (Ms. KLOBUCHAR) was added as a co- WARNER) was added as a cosponsor of development by independent inventors sponsor of S. 3477, a bill to ensure that amendment No. 3054 proposed to S. and large multinational companies. the United States promotes women’s 3254, an original bill to authorize ap- Consumers benefit from new tech- meaningful inclusion and participation propriations for fiscal year 2013 for nologies, and our economy benefits in mediation and negotiation processes military activities of the Department from continued investment. I am introducing legislation today undertaken in order to prevent, miti- of Defense, for military construction, that will encourage patent holders to gate, or resolve violent conflict and and for defense activities of the De- apply their intellectual property to ad- implements the United States National partment of Energy, to prescribe mili- dress global humanitarian needs. This Action Plan on Women, Peace, and Se- tary personnel strengths for such fiscal has long been an interest of mine. In curity. year, and for other purposes. 2006, I introduced legislation that S. 3626 AMENDMENT NO. 3196 would have created a statutory license At the request of Mr. MERKLEY, the At the request of Mr. MERKLEY, his to manufacture and export life saving name of the Senator from Alaska (Mr. name was added as a cosponsor of medicines to eligible, developing coun- BEGICH) was added as a cosponsor of S. amendment No. 3196 proposed to S. tries. 3626, a bill to provide financing assist- 3254, an original bill to authorize ap- Today’s legislation, rather than cre- ance for qualified water infrastructure propriations for fiscal year 2013 for ating a statutory license, improves on projects, and for other purposes. military activities of the Department a program created by United States S. 3628 of Defense, for military construction, Patent and Trademark Office, PTO, At the request of Mr. BLUNT, the and for defense activities of the De- earlier this year. The PTO’s ‘‘Patents name of the Senator from Montana partment of Energy, to prescribe mili- for Humanity’’ Program provides re- (Mr. TESTER) was added as a cosponsor tary personnel strengths for such fiscal wards to selected patent holders who of S. 3628, a bill to amend the Public year, and for other purposes. apply their technology to a humani- Health Service Act to raise awareness AMENDMENT NO. 3249 tarian issue that significantly affects of, and to educate breast cancer pa- At the request of Mr. BEGICH, the the public health or quality of life of tients anticipating surgery regarding, name of the Senator from Texas (Mrs. an impoverished population. Those who the availability and coverage of breast HUTCHISON) was added as a cosponsor of receive the award are given a certifi- reconstruction, prostheses, and other amendment No. 3249 intended to be pro- cate to accelerate certain PTO proc- options. posed to S. 3254, an original bill to au- esses.

VerDate Mar 15 2010 02:56 Dec 05, 2012 Jkt 029060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A04DE6.025 S04DEPT1 PWALKER on DSK7TPTVN1PROD with December 4, 2012 CONGRESSIONAL RECORD — SENATE S7403 Following a Judiciary Committee and Ms. MURKOWSKI) submitted the fol- AUTHORITY FOR COMMITTEES TO hearing in June, I asked Director lowing resolution; which was referred MEET Kappos whether the program would be to the Committee on Health, Edu- COMMITTEE ON COMMERCE, SCIENCE, AND more effective, and more attractive to cation, Labor, and Pensions: TRANSPORTATION patent owners, if the acceleration cer- S. RES. 608 Mr. REID. Mr. President, I ask unan- tificate were transferable to a third Whereas the unique perspectives and in- imous consent that the Committee on party. He responded that it would, par- sights of young people, especially young peo- Commerce, Science, and Transpor- ticularly for small businesses. The Pat- ple who have participated in a public policy- tation be authorized to meet during ents for Humanity Program Improve- related program, outreach initiative, intern- the session of the Senate on December ship, fellowship, or congressionally spon- ment Act of 2012 simply makes these 4, 2012, at 2:30 p.m. in room 253 of the acceleration certificates transferable. sored youth advisory council, are essential to ensure that investments made by the Fed- Russell Senate Office Building. Director Kappos described the Pat- eral Government in youth services are effec- The PRESIDING OFFICER. Without ents for Humanity Program as one that tive and efficient; objection, it is so ordered. provides business incentives for hu- Whereas existing outreach and engagement SELECT COMMITTEE ON INTELLIGENCE manitarian endeavors. All Senators mechanisms of the Federal Government are Mr. REID. Mr. President, I ask unan- should support both the approach and often designed in ways that inhibit partici- imous consent that the Select Com- the objective. pation by, and lead to the under-representa- tion of, young people in the policy-making mittee on Intelligence be authorized to Mr. President, I ask unanimous con- meet during the session of the Senate sent that the text of the bill be printed process; and Whereas numerous Members of Congress, on December 4, 2012, at 2:30 p.m. in the RECORD. Governors, State legislatures, mayors, and The PRESIDING OFFICER. Without There being no objection, the text of city councils have created youth councils objection, it is so ordered. the bill was ordered to be printed in that have proven to be an effective means of f the RECORD, as follows: receiving input from young people, which S. 3652 leads to more effective and efficient invest- INTERNATIONAL PARENTAL CHILD ments in youth services: Now, therefore, be Be it enacted by the Senate and House of Rep- ABDUCTION it resentatives of the United States of America in Resolved, That the Senate— Mr. WHITEHOUSE. Madam Presi- Congress assembled, (1) supports the establishment with private dent, I ask unanimous consent that the SECTION 1. SHORT TITLE. funds of a President’s Youth Council to— Senate proceed to the immediate con- This Act may be cited as the ‘‘Patents for (A) advise the President and the executive sideration of Calendar No. 528, S. Res. Humanity Program Improvement Act of branch on the perspectives of young people; 543. 2012’’. (B) suggest ways to make investments by The PRESIDING OFFICER. The SEC. 2. TRANSFERABILITY OF ACCELERATION the Federal Government in youth services clerk will report the resolution by CERTIFICATES. more effective and efficient; and title. (a) IN GENERAL.—A holder of an accelera- (C) provide recommendations on issues The assistant legislative clerk read tion certificate issued pursuant to the Pat- that will affect the long-term future of the ents for Humanity Program (established in United States; as follows: the notice entitled ‘‘Humanitarian Awards (2) recommends that the members of the A resolution (S. Res. 543) to express the Pilot Program’’, published at 77 Fed. Reg. President’s Youth Council be young people sense of the Senate on international parental 6544 (February 8, 2012)), or any successor who— child abduction. thereto, of the United States Patent and (A) are appointed by the President, the ma- There being no objection, the Senate Trademark Office, may transfer (including jority leader and minority leader of the Sen- proceeded to consider the resolution, by sale) the entitlement to such acceleration ate, and the Speaker and minority leader of which had been reported from the Com- certificate to another person. the House of Representatives; mittee on Foreign Relations, with (b) REQUIREMENT.—An acceleration certifi- (B) are between 16 and 24 years of age; cate transferred under subsection (a) shall be (C) have participated in a public policy-re- amendments in the nature of a sub- subject to any other applicable limitations lated program, outreach initiative, intern- stitute to the preamble and the resolu- under the notice entitled ‘‘Humanitarian ship, fellowship, or congressionally spon- tions as follows: Awards Pilot Program’’, published at 77 Fed. sored youth advisory council; [Strike the parts shown in boldface Reg. 6544 (February 8, 2012), or any successor (D) can constructively contribute to policy brackets and insert in lieu thereof the thereto. deliberations; parts shown in italic.] (E) can conduct outreach to solicit the S. RES. 543 By Mr. REID: views and perspectives of peers; and S. 3654. A bill to create equal footing (F) have backgrounds that reflect the ra- Whereas international parental child abduc- cial, socioeconomic, and geographic diver- tion is a tragic and common occurrence; for tribal economic development; to Whereas the abduction of a child by one par- sity of the United States; and the Committee on Indian Affairs. ent is a heartbreaking loss for the left-behind (3) recommends that the President’s Youth Mr. REID. Mr. President, I ask unan- parent and deprives the child of a relationship Council as a whole undertake activities to with 2 loving parents; imous consent that the text of the bill solicit the unique views and perspectives of Whereas, according to the Report on Compli- be printed in the RECORD. young people and bring those views and per- ance with the Hague Convention on the Civil There being no objection, the text of spectives to the attention of Congress and Aspects of International Child Abduction of the the bill was ordered to be printed in the head of each department or agency of the United States Department of State from April Federal Government. the RECORD as follows: 2010, research shows that abducted children are S. 3654 f at risk of significant short- and long-term prob- Be it enacted by the Senate and House of Rep- AMENDMENTS SUBMITTED AND lems, including ‘‘anxiety, eating problems, resentatives of the United States of America in PROPOSED nightmares, mood swings, sleep disturbances, Congress assembled, [and] aggressive behavior’’; SA 3309. Mr. BLUMENTHAL submitted an Whereas, according to that report, left-behind SECTION 1. GAMING ACTIVITIES. amendment intended to be proposed by him parents may also experience substantial psycho- Section 207 of Public Law 100–89 (25 U.S.C. to the bill S. 1947, to prohibit attendance of logical and emotional issues, including feelings 737) is repealed. an animal fighting venture, and for other of ‘‘betrayal, sadness over the loss of their chil- f purposes. dren or the end of their marriage, anger toward f the other parent, anxiety, sleeplessness, and se- SUBMITTED RESOLUTIONS vere depression’’, as well as financial strain TEXT OF AMENDMENTS while fighting for the return of a child; SA 3309. Mr. BLUMENTHAL sub- Whereas, since 1988, the United States, which SENATE RESOLUTION 608—SUP- mitted an amendment intended to be has a treaty relationship under the Convention PORTING THE ESTABLISHMENT proposed by him to the bill S. 1947, to on the Civil Aspects of International Child Ab- duction, done at The Hague October 25, 1980 OF A PRESIDENT’S YOUTH COUN- prohibit attendance of an animal fight- CIL (TIAS 11670) (referred to in this preamble as the ing venture, and for other purposes; as ‘‘Hague Abduction Convention’’) with 69 other Mr. UDALL of New Mexico (for him- follows: countries, has agreed with its treaty partners to self, Mr. BROWN of Massachusetts, Mr. On page 2, line 21, insert ‘‘knowingly’’ be- follow the terms of the Hague Abduction Con- BEGICH, Mrs. MURRAY, Mr. BINGAMAN, fore ‘‘cause’’. vention;

VerDate Mar 15 2010 04:26 Dec 05, 2012 Jkt 029060 PO 00000 Frm 00041 Fmt 4624 Sfmt 6333 E:\CR\FM\A04DE6.029 S04DEPT1 PWALKER on DSK7TPTVN1PROD with S7404 CONGRESSIONAL RECORD — SENATE December 4, 2012 Whereas the Hague Abduction Convention (2) it is the sense of the Senate that the United The PRESIDING OFFICER. Without provides a legal framework for securing the States should— objection, it is so ordered. prompt return of wrongfully removed or re- (A) vigorously pursue the return of each child The committee amendment in the tained children to the countries of their habit- abducted by a parent from the United States to nature of a substitute was agreed to. ual residence where competent courts can make another country through all appropriate means, decisions on issues of custody and the best inter- facilitate access by the left-behind parent if the The preamble, as amended, was ests of the children; child is not returned, and, where appropriate, agreed to. Whereas, according to the United States De- seek the extradition of the parent that abducted f partment of State, the number of new cases of the child; international child abduction from the United (B) take all appropriate measures to ensure ORDERS FOR WEDNESDAY, States increased from 579 in 2006 to 941 in 2011; that a child abducted to a country that is a DECEMBER 5, 2012 Whereas, in 2011, those 941 cases involved party to the Hague Abduction Convention is re- 1,367 children who were reported abducted from turned to the country of habitual residence of Mr. WHITEHOUSE. Madam Presi- the United States by a parent and taken to a the child in compliance with the provisions of dent, I ask unanimous consent that foreign country; the Hague Abduction Convention; when the Senate completes its business Whereas, in 2011, more than 660 children who (C) continue to use diplomacy to encourage today, it adjourn until 9:30 a.m., on were abducted from the United States and taken other countries to become a party to the Hague to a foreign country were returned to the United Abduction Convention and to take the necessary Wednesday, December 5, 2012; that fol- States; steps to effectively fulfill their responsibilities lowing the prayer and pledge, the Jour- Whereas 7 of the top 10 countries to which under the Hague Abduction Convention; nal of proceedings be approved to date, children from the United States were most fre- (D) use diplomacy to encourage countries that the morning hour be deemed expired, quently abducted in 2011 are parties to the have not become a party to the Hague Abduc- and the time for the two leaders be re- Hague Abduction Convention, including Mex- tion Convention to develop an institutionalized served for their use later in the day; ico, Canada, the United Kingdom, Germany, Ec- mechanism to transparently and expeditiously that following leader remarks, the Sen- uador, Brazil, and Colombia; resolve current and future cases of international ate be in a period of morning business Whereas Japan, India, and Egypt are not par- child abduction that occur before those coun- ties to the Hague Abduction Convention and tries become a party to the Hague Abduction for up to 4 hours, with Senators per- were also among the top 10 countries to which Convention; and mitted to speak therein for up to 10 children in the United States were most fre- (E) review the advisory services made avail- minutes each, except where noted quently abducted in 2011; able to United States citizens by the United below and the time be divided as fol- Whereas, in many countries, such as Japan States Department of State, the United States lows: the majority controlling the first and India, international parental child abduc- Department of Justice, and other United States 30 minutes, the Republicans control- tion is not considered a crime, and custody rul- Government agencies— ling the next 30 minutes, Senator ings made by courts in the United States are not (i) to improve the prevention of international GRASSLEY controlling the next 45 min- typically recognized by courts in those coun- parental child abduction from the United States; tries; and and utes, the majority controlling the next Whereas Japan is the only member of the (ii) to ensure that effective and timely assist- 45 minutes, the Republicans control- Group of 7 major industrialized countries that ance is provided to United States citizens who ling the next 45 minutes, and the ma- has not yet become a party to the Hague Abduc- are parents of children abducted from the jority controlling the following 45 min- tion Convention: Now, therefore, be it United States and taken to foreign countries. utes; and that following morning busi- Resolved, That— Mr. WHITEHOUSE. Madam Presi- ness, the Senate proceed to the consid- (1) the Senate— dent, I further ask unanimous consent eration of H.R. 6156, the Russia trade (A) condemns the international abduction of that the committee-reported amend- bill. all children; ment be agreed to and the Senate pro- The PRESIDING OFFICER. Without (B) urges countries identified by the United ceed to a voice vote on adoption of the objection, it is so ordered. States Department of State as noncompliant or resolution, as amended. demonstrating patterns of noncompliance with f the Convention on the Civil Aspects of Inter- The PRESIDING OFFICER. Without national Child Abduction, done at The Hague objection, it is so ordered. PROGRAM The committee amendment in the October 25, 1980 (TIAS 11670) (referred to in this Mr. WHITEHOUSE. Madam Presi- nature of a substitute was agreed to. resolution as the ‘‘Hague Abduction Conven- dent, I am informed that we expect to tion’’) to fulfill their commitment under inter- The PRESIDING OFFICER. Is there complete action on the Russia trade national law to expeditiously implement the pro- further debate? bill during tomorrow’s session of the visions of the Hague Abduction Convention; If not, the question is on agreeing to Senate. (C) calls on all countries to become a party to the resolution, as amended. the Hague Abduction Convention and to f promptly institute measures to equitably and The resolution (S. Res. 543), as amended, was agreed to. transparently address cases of international pa- ADJOURNMENT UNTIL 9:30 A.M. rental child abduction; and Mr. WHITEHOUSE. Madam Presi- (D) calls on all countries that have not be- dent, I further ask unanimous consent TOMORROW come a party to the Hague Abduction Conven- that the committee-reported amend- Mr. WHITEHOUSE. Madam Presi- tion to develop a mechanism for the resolution ment to the preamble be agreed to, the dent, if there is no further business to of current and future cases of international pa- preamble, as amended, be agreed to, come before the Senate, I ask unani- rental child abduction that occur before those the motions to reconsider be consid- mous consent that it adjourn under the countries become a party to the Hague Abduc- tion Convention in order to facilitate the prompt ered made and laid upon the table, with previous order. return of children abducted to those countries to no intervening action or debate, and There being no objection, the Senate, the children’s countries of habitual residence; that any statements relating to the at 6:30 p.m., adjourned until Wednes- and measure be printed in the RECORD. day, December 5, 2012, at 9:30 a.m.

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STEM JOBS ACT OF 2012 Rolland James, Elizabeth Meyers, George This year, the Giants showed tenacity, Morris, Lee Miller Brown, Sr., Louis Sparks II, heart, and teamwork on their path to victory. SPEECH OF Benjamin R. Wilson, Roland James, Alfred They unleashed their arsenal of reliable start- HON. BRAD SHERMAN Gordon, Louis Tyler, Christopher Flynn, Clyde ing pitching, stellar relief pitching, heroic de- Hilton, Loyd Harrison, Fred Rosenkoff Derek fense, and powerful hitting to outlast their ri- OF CALIFORNIA Joy, Otis Kitchen, Carolyn Crowell, Andrea vals in the fiercely contested National League IN THE HOUSE OF REPRESENTATIVES Naomi Johnson, Robert A. Sewell, George Al- Western Division. Their performance was a Friday, November 30, 2012 bert Stewart, Elizabeth Myers, Antonio White, portrait of grit and good sportsmanship from Mr. SHERMAN. Mr. Speaker, hundreds of Skip Williams, Rodney X. Chain, Stafford the first pitch through the last, and we cele- millions of hard-working people who are citi- Nairn, Willard Shepard, Darryl Jones, Ryan brate them for their excellence on and off the zens of foreign nations want to become Ameri- Ayer; field. cans. That is a testament to the greatness of Finally, it is not our tanks, weapons or ma- There is no one superstar on the Giants’ our country. chinery that make the United States Armed roster; they are a band of brothers who ‘‘play America can only accept a limited number Forces the best military in the world. It is our for the name on the front of their jerseys, not of those who wish to move to our shores each young men and women who serve profes- the name on the back.’’ Congratulations to all year. Accordingly, we should provide visas in sionally with honor and distinction. If not for 25 players on the playoff roster, including a manner that reflects they are a valuable these exemplary citizens, freedom and the World Series Most Valuable Player Pablo asset to be allocated carefully. American way of life would not be safe and Sandoval, who demonstrated the true meaning I do not believe the Diversity Visa Lottery is secure. For these sacrifices, we respect and of ‘‘Panda Power’’ to the rest of the country, a good way to allocate the inherently limited should commend their service everyday of the and National League Most Valuable Player number of immigrant visas. I believe that a ra- year. Congress has designated, November Buster Posey, as well as: Jeremy Affeldt, tional, well-designed immigration system 11th 2012 as the official day showing our grat- Madison Bumgarner, Matt Cain, Santiago would not include the Diversity Visa Lottery. itude. Casilla, Tim Lincecum, Javier Lopez, Guil- Given the political climate and legislative Please join me in honoring these American lermo Mota, George Kontos, Sergio Romo, rules that we face, the passage of the bill be- heroes for their bravery and sacrifice in de- Barry Zito, Ryan Vogelsong, Marco Scutaro, fore us on Friday, November 30, 2012, was fense of this great nation. Brandon Crawford, Gregor Blanco, Aubrey not a step toward enacting a well-designed, f Huff, Brandon Belt, Hunter Pence, Angel Pagan, Hector Sanchez, Jose Mijares, Joa- rational immigration system. Nor was the PERSONAL EXPLANATION Democratic Motion to Recommit likely to be quin Arias, Ryan Theriot, and Xavier Nady. the basis of a bipartisan reform bill. In any This year’s extraordinary win required a full case, the bill will not be acted on by the Sen- HON. LUCILLE ROYBAL-ALLARD team effort, from the field to the front office. ate. OF CALIFORNIA While the players poured their hearts out on Some of the visas we allocate should go to IN THE HOUSE OF REPRESENTATIVES the diamond, the thanks and gratitude of all those who can provide the investment capital Tuesday, December 4, 2012 Giants fans also goes to the team’s Chief Ex- to create jobs within the United States. Some ecutive Officer Larry Baer, General Manager Ms. ROYBAL-ALLARD. Mr. Speaker, I was Brian Sabean, and Manager Bruce Bochy. of the visas should go for family unification out of town due to a family medical situation and for the humane treatment of refugees and Through their commitment, strategy, guidance, and was not present for rollcall votes Nos. 609 and dedication, the 2012 San Francisco Gi- persecuted persons. And some visas should and 610 on Tuesday, November 27, 2012. go to those who have talents and skills that ants emerged as the 2012 World Series Had I been present, I would have voted in this champions. our economy needs. However, we need a bet- manner: ter system than the one provided in this bill. The San Francisco community united in Rollcall vote No. 609—On Motion to Sus- support behind their team and an estimated I look forward to creating a rational immigra- pend the Rules and Pass, as amended, the tion system in 2013. one million fans turned out to celebrate their Medical Preparedness Allowable Use Act: victory in a parade full of past and present f ‘‘yes.’’ San Francisco baseball legends. Congratula- HONORING UNITED STATES AIR Rollcall vote No. 610—On Motion to Sus- tions to the passionate and devoted Giants FORCE VETERANS pend the Rules and Concur in the Senate fans in northern California, across the country, Amendment, the Jamie Zapata Border En- and around the world for their unrelenting sup- forcement Security Task Force Act: ‘‘yes.’’ port of the Giants. HON. FREDERICA S. WILSON f OF FLORIDA f IN THE HOUSE OF REPRESENTATIVES CELEBRATING THE SAN FRAN- HONORING OUR VETERANS AND CISCO GIANTS 2012 WORLD SE- Tuesday, December 4, 2012 THEIR FAMILIES THROUGH THE RIES VICTORY AMERICAN VETERANS TRAV- Ms. WILSON of Florida. Mr. Speaker, I rise ELING TRIBUTE today to recognize and honor our veterans. HON. NANCY PELOSI There are no words that can express the OF CALIFORNIA HON. STEVE AUSTRIA gratitude that the American people owe all of IN THE HOUSE OF REPRESENTATIVES the men and women who choose to serve the OF OHIO IN THE HOUSE OF REPRESENTATIVES United States of America in the armed serv- Tuesday, December 4, 2012 ices. We are all humbled by the sacrifice they Ms. PELOSI. Mr. Speaker, I rise today to Tuesday, December 4, 2012 make—knowingly putting themselves in harm’s pay tribute to the 2012 World Series Cham- Mr. AUSTRIA. Mr. Speaker, while we can way while also leaving loved ones behind. pions, the San Francisco Giants. On October never fully express the depth of our apprecia- This commitment is the mark of America’s fin- 28, 2012, the Giants defeated the Detroit Ti- tion for those who have risked and given their est citizens and those who answer to a higher gers by a score of four to three in game four lives to protect our freedoms, I rise today on calling. Allow me to honor, from the Air Force: to sweep the World Series, winning the fran- behalf of the constituents of Ohio’s Seventh Willie H. Duckworth, William Frank chise’s second championship since the team Congressional District to recognize and honor Kornegay, Lexxie Neloms, Jr., Henry David moved to San Francisco from New York in our military veterans and their families through Cunningham. Jr., David A. Bell, Jimmie L. 1958. By their tremendous victory, our Giants the American Veterans Traveling Tribute. Brown, Ronald E. Green, Charles K. Bronson, once again made us the proudest city in base- Our veterans have quietly gone to work and Clarles Flower, Charles Ronnye Johnson, Sr., ball. war so that Americans can freely pursue their

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

VerDate Mar 15 2010 01:12 Dec 07, 2012 Jkt 079060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\RECORD12\RECFILES\E04DE2.REC E04DE2 bjneal on DSK2TWX8P1PROD with E1866 CONGRESSIONAL RECORD — Extensions of Remarks December 4, 2012 dreams. Their spouses have gone about the agreed to serve as the treasurer for the group, ting in a golf cart or on a bench, talking, daily task of keeping the home fires burning, and Steve’s wife Karen joined as the volunteer teaching and sharing . . . not only were they and have often sacrificed careers and other coordinator, to honor her husband and her paying tribute to the fallen, but they were hon- goals to provide stability at home during con- uncle, member of the Order of the Purple oring all veterans by educating others about stant transitions. Furthermore, their children Heart for wounds in Vietnam. Vietnam, the war and the people who fought have learned to be resilient and appreciative Steve Molden also brought his old friend it. Watching these veterans and others find of the cost of freedom. They are strong fami- Jim McMichaels on board. Jim is a Navy vet- healing through this project was so rewarding. lies who have contributed to our communities, eran of Vietnam, a high school classmate of The pinnacle event was the military memo- and have defended our Constitution and free- Steve, and they both personally knew some of rial service on Saturday October 13th. Guest doms. the 34 sons of Greene County who were killed speakers included Congressman Steve Aus- The American Veterans Traveling Tribute is in Vietnam, and whose names were engraved tria, Ohio Patriot Guard captain Bob Woods a mobile memorial dedicated primarily to the on the Wall. Other members of the community (US Army Vietnam), AVTT owner Don Allen memory of fallen military members from Viet- stepped up to serve also, including Jim Ken- (US Army Vietnam) and Major General Ed nam. The traveling unit centerpiece of a the nedy and Helena Curtis. Helena is a former Mechenbier, US Air Force Vietnam, who was American Veterans Traveling Tribute is a 380- deputy sheriff and cancer survivor whose spirit shot down while flying an F4 aircraft and spent foot exact replica of the Vietnam Memorial and dedication as unmatched. She said she nearly 6 years in a POW cell. There was not Wall, and the AVTT includes memorial dis- was inspired to serve on the committee in a dry eye in the large crowd as the 34 names plays honoring the veterans of World War 2, honor of her father and grandfather who were of Greene County KIA were read. ‘‘Sorry for Korean War, the Gulf War, September 11th at- military war veterans. Jim Madsen, a retired crying, but I went to high school with some of tack victims and the current War on Terror. Air Force officer and federal civilian was proud these guys, ‘‘ explained a tearful Jim A non-profit event owned by a retired Army to join the group and dedicated hundreds of McMichaels as he and Vietnam vets Steve Vietnam veteran, there is a patch and coin hours, stating it was his personal way to say Molden, Sam Wallace, Pastor John Corcoran available from the AVTT that is inscribed, ‘‘I thank you, that he felt the need to do more and Pastor Wes Barnhill read the details of touched the Wall; the Wall touched me.’’ This since he had never been tasked to go to war the fallen. The end of the reading was fol- motto was so very true for a small group of during his service years. lowed by the USAF band, the bagpipes play- veterans and citizens in Greene County, Ohio As the committee worked for a year to plan ing Amazing Grace and a bugler playing ‘‘Taps’’ as a memorial wreath was laid at the who formed a committee and hosted the the AVTT event many other citizens, spouses, apex of the Wall. For Steve Molden, Tim AVTT in Xenia from October 10–14, 2012. veterans and business people joined the ef- Spradlin and Jim McMichaels it was the end of They physically touched the Wall, but their fort. For Susan Spradlin it was hard work but a long year, as they sat down on a park bench lives were touched forever along with the lives a labor of love, honoring her husband as an near the wall and shared tears of joy for the Iraq vet, a tribute to her late father who was of thousands of visitors who came to Xenia to good they had done together, and the blessing a Navy veteran of Korea, and her brother who see the AVTT. of surviving their wars. Tim and Susan Spradlin of Xenia proposed was disabled due to service in the Gulf War. Inspired by the dedication and initiative of the project in August 2011. Tim is a retired Air Betty Zentiara is 80 years old, a Marine Corps so many people, the Greene County Veterans Force Reserve first sergeant, a member of the veteran of Korea and dedicated many hours of Tribute Committee will continue to make a dif- Greene County Veterans Service Commission her time to working in the kitchen at the event ference. After all the AVTT bills were paid, the plus he and Susan are very active members to serve refreshments to the many volunteers. committee donated part of their remaining of the Ohio Patriot Guard Riders. A veteran of Master Sergeant Jason Larimore, an active funding to the Honor Flight program and part combat in Iraq, Tim was frustrated by the fact duty member from Wright-Patterson Air Force to the Wounded Warrior Project. The remain- that age and injuries caused him to retire from Base joined the effort and recruited many ac- der will be kept in the non-profit endowment the reserve in late 2008 at age 49 after 30 tive duty Air Force personnel to man the Wall fund as the seed money for a new project; we total years of service. He found new ways to at night, providing security. David ‘‘Smitty’’ have a vision to build a suitable large war me- serve the military with the Patriot Guard and Smith, retired Greene County deputy sheriff morial for all Greene County veterans and the veteran’s commission. In 2010 Susan and and 101st Airborne veteran of Vietnam was families on the lawn of the county courthouse. Tim rode a PGR escort mission in Sidney, very honored to serve and inspired to bring With the support of the community, the Mem- Ohio for the AVTT display there. On seeing out his motorcycle ad joined the Ohio Patriot bers have no doubt that they can continue to the entire display Tim told his wife, ‘‘...Steve Guard Riders as a result of his experience on serve local veterans, serve the community, the Molden would love this’’, and so the idea of the AVTT committee. Marine veteran Ed nation and with God’s blessings create a per- hosting the AVTT in Xenia was first born. Vance tearfully told his fellow committee mem- manent tribute to all Greene County citizens Steve Molden is a Vietnam veteran in bers that the experience had ‘‘changed his who have served in the United States Armed Xenia, who proudly served with the 3rd Bri- life’’. There were two church pastors who par- Forces or paid the ultimate cost of freedom. gade of the 82nd Airborne Division. Now re- ticipated in the event and ceremonies; both I am grateful that Greene County, located tired from Greene County services depart- were also Vietnam veterans. Many fire and within my district, was granted the opportunity ment, Steve is also a former volunteer mem- law enforcement personnel also got involved, to remember and celebrate the lives of vet- ber of the Xenia Township Fire Department notably Captain Doug Cope, a shift com- erans and first responders through the Amer- and Greene County Rescue, where Tim mander with the City of Xenia Fire Division ican Veterans Traveling Tribute. All those who Spradlin had met him many years ago. For and a veteran of the rescue team deployment worked to make this event happen are to be many years Steve had been frustrated in his to New York City after the September 11th at- commended for their time and efforts. It was efforts to organize Veterans Day and Memorial tacks on the World Trade Center. a bittersweet time to remember both those Day ceremonies or parades in Xenia. Tim was Steve and Karen Molden worked to create who came home from Vietnam and other wars aware of Steve’s frustration and wanted to do 34 plaques with the names, ranks, service in- as well as those who never had the chance. something special for Steve and other Viet- formation and dates for the Greene County Thus, today I ask my colleagues to join me nam veterans like him. Activated in 1991 for citizens killed in Vietnam. These plaques were and the constituents of Ohio’s Seventh Con- the Desert Shield / Desert Storm conflict, Tim placed at the base of The Wall during the 4 gressional District in honoring our military vet- never forgot that there were Vietnam veterans day display, a touching personal memory of erans and their families for their continued and across the nation who stood up in support of the local sacrifice paid by the community. selfless service to the land of the free. the new generation of military, loudly pro- Some of the families for those killed in action f claiming that these war vets would not be came to see the Wall in Xenia and they were HONORING THE SONOMA COUNTY abused or mistreated as many Vietnam vets presented with the plaque in honor of their fall- HISPANIC CHAMBER OF COM- had been. Tim suggested to the Veterans en brother. MERCE Commission that they could host the AVTT, Over the 4 day display of the AVTT there and the committee was born. was a motorcycle escort parade, music and First to join the local AVTT committee was concerts, a police and fire September 11th HON. MIKE THOMPSON OF CALIFORNIA Steve Molden and veteran’s service office di- memorial service, and numerous interactions, IN THE HOUSE OF REPRESENTATIVES rector Lame Woodward. Lance is a disabled reunions and fellowship. Steve Molden and Navy veteran who was part of the AVTT dis- Jim McMichaels were out at the Wall almost Tuesday, December 4, 2012 play planning in Clermont County, Ohio in constantly, leaving late at night for some sleep Mr. THOMPSON of California. Mr. Speaker, 2003. Susan followed her husband and and then back early the next day, walking, sit- I rise today to honor The Sonoma Hispanic

VerDate Mar 15 2010 01:12 Dec 07, 2012 Jkt 079060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\RECORD12\RECFILES\E04DE2.REC E04DE2 bjneal on DSK2TWX8P1PROD with CONGRESSIONAL RECORD — Extensions of Remarks E1867 County Chamber of Commerce, of Santa lies and future generations. When it comes to minority congregants, to engage in screening Rosa, California on the occasion of their 25th public health, he is a true ‘‘rock in the pond’’— and health literacy programs. anniversary celebration. advocating for the betterment of our commu- Wade also led the Partnership on the Unin- The mission of the Hispanic Chamber of nity, with a keen interest for the underserved sured in its evaluation of insurance coverage Commerce is to promote and support Sonoma and the most vulnerable. He gives a voice to barriers, defining community-wide strategies to County businesses with a commitment to- those who do not have one, and advocates address these barriers, and implementing a wards creating a healthy business environ- health care equity for all, whether in his role strategic approach to diminishing the number ment through education, civic, and economic as Director of Community Engagement at the of those without health insurance. programs. They are an association of individ- FLHSA, as Pastor of the Holy Jerusalem Spir- Whether it is through his extensive work uals, organizations, and business profes- itual Church in Rochester, NY, or as a mem- with FLHSA, on volunteer boards, in his par- sionals working together to enhance our local ber of the New York State Board of Regents. ish, or in the many civic roles he holds, Wade economy and foster a positive cultural image. At FLHSA, Wade plays a crucial role in con- embodies the ‘‘Rock in the Pond’’ award he The Hispanic Chamber of Commerce of vening programs that improve public health, has received. He makes a difference in the Sonoma County was founded in the spring of such as the local Partnership for the Unin- health and well-being of all in our community. 1987, and has since greatly expanded its sured, the Rochester Area Task Force on I ask my colleagues to join me in honoring Mr. membership and endeavors. Originally known AIDS, the Coalition to Prevent Lead Poi- Wade Norwood for his commitment, his self- as the Latino Breakfast Club, it formalized into soning, the African-American Health Coalition lessness, and his passion to improve the a network of professionals, entrepreneurs, and the Latino Health Coalition, and Healthi health and lives of all those around him. business people, and community leaders— Kids, among others. He has been the face and voice of statewide health care improve- Hispanic and non-Hispanic—who recognize f the importance of the Hispanic community and ment as he has led the FLHSA’s effort to re- its impact on society. duce health disparities, helping to shape the HONORING THE 60TH ANNIVER- In the last 24 years, the Chamber has Agency’s community engagement efforts and SARY OF THE MUSEUM OF HIS- raised over $280,000 for the Hispanic Cham- providing leadership to issues that have a tre- TORY & INDUSTRY AND THE ber of Commerce Scholarship Fund, which mendous impact on the health of the city of GRAND OPENING OF ITS NEW has been distributed to over 300 students liv- Rochester and the Finger Lakes region. He MUSEUM AT LAKE UNION PARK ing in Sonoma County. These scholarships heads up a program called Healthi Kids, which have helped many rising Latino students reach advocates for policy changes that prevent their goals by supporting their financial needs. childhood obesity, and which has resulted in HON. JIM McDERMOTT Bilingual parent/student workshops were insti- returning recess into Rochester City School OF WASHINGTON tuted in order to complement the scholarship District (RCSD) elementary schools and work- IN THE HOUSE OF REPRESENTATIVES program, and have since provided information ing with the RCSD to provide healthier, more Tuesday, December 4, 2012 on FAFSA, financial aid, and the college tran- nutritional and culturally relevant meals during sition. the school year and summer camps. As a re- Mr. MCDERMOTT. Mr. Speaker, I rise today In order to get further involved in the com- sult, approximately 30,000 children and youth to honor the 60th anniversary of the Museum munity, the Sonoma County Chamber of Com- receive healthier school meals daily. of History & Industry (MOHAI) in Seattle, and merce established the Leadership Academy, Wade also convenes the Coalition to Pre- to salute the museum as it prepares for the modeled after the well-respected program de- vent Lead Poisoning in Rochester, an edu- Grand Opening of its new museum at Lake veloped by the Press Democrat, The Press cation and advocacy organization composed Union Park on December 29, 2012. Democrat Leadership Forum. The Leadership of nearly 100 individuals and community orga- Since its founding in 1952, MOHAI has es- Academy was created with the objectives of nizations dedicated to eliminating childhood tablished itself as the preeminent history cen- encouraging a new generation of leaders in lead poisoning in Monroe County. The pro- ter in the Seattle region, engaging over Sonoma County and facilitating an ongoing gram received the U.S. Environmental Protec- 100,000 visitors and 17,000 students and their dialogue that helps members of the Hispanic tion Agency’s (EPA) Environmental Justice teachers each year in the exploration of the Chamber of Commerce understand all the Achievement Award for its leadership in com- history, character and development of Seattle ways our hometowns are changing. munity-based efforts to prevent childhood lead and the Central Puget Sound region. poisoning. It has influenced major lead-related Members of the Sonoma County Hispanic Drawing on a collection of more than 4 mil- public policy changes, including a local lead Network have an opportunity to create a dif- lion historic artifacts, archives, photographs ordinance requiring inspections for lead paint ference in the community. Through the mem- and oral histories, MOHAI exhibits and pro- hazards. bership their voices are heard in the political, grams bring visitors face-to-face with the chal- Under Wade’s leadership, the High Blood social, economic, and educational arenas. lenges of the past so that they can make in- Pressure Collaborative aims to reduce the in- Mr. Speaker, it is appropriate at this time formed decisions for the future. Working with cidence of hypertension and its devastating ef- that we acknowledge The Sonoma County school districts from across the region, MOHAI fects (heart disease, kidney disease, and Hispanic Chamber of Commerce for their ex- programs foster the civic literacy which is so stroke) through a collaborative approach and traordinary work. essential to a strong community, and the mu- community engagement. The program in- f seum provides a full range of scholarship cludes working with employers to establish services so that all students have access to RECOGNIZING MR. WADE NOR- worksite wellness initiatives, collaborating with the power of history. WOOD OF ROCHESTER, NEW faith and community based organizations in YORK, WINNER OF THE ‘‘ROCK IN inner city neighborhoods where residents find With the opening of its expansive new mu- THE POND’’ AWARD barriers in accessing care, and working with seum in the landmark Naval Reserve Armory health providers to improve their practices’ at Lake Union Park, MOHAI is poised to control rate of high blood pressure. In 2012 launch a history museum distinguished by HON. LOUISE McINTOSH SLAUGHTER leading edge technology, research and edu- OF NEW YORK alone, the Collaborative provided over 7,000 cational programs, which will serve the Seattle IN THE HOUSE OF REPRESENTATIVES face-to-face blood pressure readings and con- sultations, and another 6,000 with kiosks stra- area for the 21st Century. Tuesday, December 4, 2012 tegically located in public facilities, such as li- In recognition of its excellence, MOHAI is Ms. SLAUGHTER. Mr. Speaker, it is my es- braries. accredited by the American Alliance of Muse- teemed honor to recognize Mr. Wade Nor- Wade has expanded the roles of the Health ums, is an official affiliate of the Smithsonian wood of the Finger Lakes Health Systems Disparities/African American and Latino Health Institution, and was selected by Museum Mag- Agency (FLHSA) in Rochester, New York, who Coalitions to ensure there is a community azine as one of the 60 international ‘‘museums was today awarded the ‘‘Rock in the Pond’’ table that is truly representative, and that all that matter.’’ Unsung Heroes of Public Health Award by the voices are heard. Wade and the members of As we celebrate the 60th anniversary of the Campaign for Public Health. I am immensely the coalitions address diseases of deep im- Museum of History & Industry, I would like to proud of Wade and the work that he and the pact to minorities, which include metabolic convey my congratulations to MOHAI on the FLHSA do for the citizens of Rochester. syndrome and high blood pressure. This effort opening of its new museum and its expanding Wade has dedicated his life to ensuring included engaging 19 churches—including his work to ensure that the lessons of history are long-term community change for today’s fami- own—with a membership in excess of 5,000 shared with generations to come.

VerDate Mar 15 2010 01:12 Dec 07, 2012 Jkt 079060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\RECORD12\RECFILES\E04DE2.REC E04DE2 bjneal on DSK2TWX8P1PROD with E1868 CONGRESSIONAL RECORD — Extensions of Remarks December 4, 2012 HONORING NATHAN WILONDEK Cross, local school boards, Farm Bureau and HONORING UNITED STATES COAST other programs with outstanding dedication, GUARD VETERANS HON. ROBERT E. LATTA honor and merit. Mr. Lang is a model citizen OF OHIO and his efforts are truly inspiring. He has been HON. FREDERICA S. WILSON IN THE HOUSE OF REPRESENTATIVES an excellent example and partner in working OF FLORIDA with the Amish community and his amazing ef- IN THE HOUSE OF REPRESENTATIVES Tuesday, December 4, 2012 forts in recruiting platelet donors have saved Mr. LATTA. Mr. Speaker, I rise today to rec- countless lives. Tuesday, December 4, 2012 ognize Mr. Nathan Wilondek, of Defiance Mr. Lang’s strong relationship with the Ms. WILSON of Florida. Mr. Speaker, I rise Ohio. Mr. Wilondek was awarded the Distin- Amish community in Holmes County has re- today to recognize and honor our veterans. guished Flying Cross on Monday, November sulted in an Amish representative being There are no words that can express the 12 during a Veterans Day program at Tinora present on the Holmes County Chapter board gratitude that the American people owe all of High School and has led to thousands of hours of volunteer the men and women who choose to serve the The Distinguished Flying Cross (DFC) is a service from the Amish community. Mr. Lang United States of America in the armed serv- military decoration awarded to any officer or has served as assistant director of the Holmes ices. We are all humbled by the sacrifice they enlisted member of the United States Armed County Chapter of the American Red Cross make—knowingly putting themselves in harm’s Forces who distinguishes himself or herself in and is the recipient of this year’s prestigious way while also leaving loved ones behind. support of operations by ‘‘heroism or extraor- Biomedical Partnership Award from the Amer- This commitment is the mark of America’s fin- dinary achievement while participating in an ican Red Cross for his tremendous efforts re- est citizens and those who answer to a higher aerial flight, subsequent to November 11, sulting in 490 donors, 3600 platelet units and calling. Allow me to honor, from the United 1918.’’ approximately 6100 single donor platelet units. States Coast Guard: Sammie Stewart, Jr., Wilondek was a Warrant Office 1 helicopter Mr. Lang personally made over 300 trips to Steven Bernard Rising, Omar K. Payton, pilot serving in the Republic of Vietnam. On support, donate and bring donors to the Shane J. Nicholas, Randy Kevin Jopp, Jr., August 18, 1969, WO1 Wilondek volunteered Cleveland apheresis center. David R. Hetticher, Andrea Naomi Johnson, along with his crew to fly a resupply mission Christopher Daniels, William O’Boyle, Jacob to an infantry company that had become com- Mr. Speaker, I am proud and honored to G. Bryan, Sandy Guerra, Eric Driggs; from the pletely surrounded by the NVA. Without represent a man who has worked tirelessly on National Security Agency: Allyn C. McKinney. gunship cover WO1 Wilondek and his crew behalf of others and who has made such a Finally, it is not our tanks, weapons or ma- (Wallace Honda, Stewart Brooks, and Terry positive and lasting impact on my community. chinery that make the United States Armed Paxton) flew nap of the earth down a hillside I ask all of our colleagues to join me in con- Forces the best military in the world. It is our and hovered the UH–1 Huey low enough to gratulating Mr. Larry Lang for receiving the young men and women who serve profes- drop ammo and supplies to the embattled in- Biomedical Partnership Award from the Amer- sionally with honor and distinction. If not for fantrymen. ican Red Cross. these exemplary citizens, freedom and the The entire time the re-supply was hap- American way of life would not be safe and pening the NVA were hitting the helicopter f secure. For these sacrifices, we respect and with accurate small arms fire, and WO1 should commend their service everyday of the Wilondek’s door gunner was unable to return CARRIE BAZEWICZ year. Congress has designated, November fire because the US troops were too closely 11th 2012 as the official day showing our grat- intermingled with NVA in close combat. It was itude. determined that without the re-supply effort of HON. ED PERLMUTTER Please join me in honoring these American WO1 Wilondek and his crew, the infantry unit OF COLORADO heroes for their bravery and sacrifice in de- would have been completely overrun by NVA, fense of this great nation. instead they survived. Mr. Wilondek is award- IN THE HOUSE OF REPRESENTATIVES f ed this DFC for his heroism that day. Tuesday, December 4, 2012 Mr. Speaker, I ask my colleagues to join me INTRODUCTION OF RESOLUTION in the acknowledgment of Nathan Wilondek’s Mr. PERLMUTTER. Mr. Speaker, I rise TO CREATE A HOUSE SELECT heroism and recognize his service and dedica- today to recognize and applaud Carrie COMMITTEE ON THE TERRORIST tion to our country. Bazewicz for her service to our community ATTACK ON THE U.S. CON- f and receiving the 2012 Mayor of Golden’s SULATE IN BENGHAZI, LIBYA Award for Excellence. PERSONAL EXPLANATION Carrie brought the Environmental Learning HON. FRANK R. WOLF for the Future program to Mitchell Elementary HON. DONALD A. MANZULLO OF VIRGINIA in Golden, Colorado. This program promotes OF ILLINOIS IN THE HOUSE OF REPRESENTATIVES the understanding and appreciation of the nat- IN THE HOUSE OF REPRESENTATIVES ural world to each of the young students. Her Tuesday, December 4, 2012 Tuesday, December 4, 2012 commitment to the education of the children in Mr. WOLF. Mr. Speaker, today I have intro- Mr. MANZULLO. Mr. Speaker, I missed re- Golden serves as a model for teachers duced a resolution to establish a House Select corded votes last week attending to official throughout the state of Colorado and our na- Committee on the Terrorist Attack in Benghazi business back in the district. If I had been tion. to ensure a unified investigation of the attack here, I would have voted ‘‘yea’’ on Rollcall No. Carrie exemplifies education and preserva- and the Obama Administration’s response. A 609; ‘‘yea’’ on Rollcall No. 610; ‘‘yea’’ on Roll- tion of Golden’s beauty. She encourages and select committee is essential to combine the call No. 611; ‘‘nay’’ on Rollcall No. 612; and empowers her students as an enthusiastic, myriad existing investigations into a single, ‘‘yea’’ on Rollcall No. 613. supportive classroom volunteer. comprehensive and exhaustive review. I be- f lieve such a combined effort will yield even As a recipient of one of the Mayor of more information regarding the true nature of CONGRATULATING MR. LARRY Golden’s 2012 Awards for Community Excel- these terrorist attacks and the administration’s LANG OF HOLMES COUNTY lence, Carrie was chosen based on her out- response. standing initiatives, leadership, problem-solv- More than 80 days have passed since the HON. BOB GIBBS ing, and community values, all of which di- terrorist attack on the U.S. consulate and rectly aided the community of Golden in its annex that occurred during the late evening OF OHIO great success this past year. IN THE HOUSE OF REPRESENTATIVES and early morning hours of September 11–12. Carrie Bazewicz has been a champion in The attack took the lives of four Americans, in- Tuesday, December 4, 2012 the community and I am honored to congratu- cluding a U.S. ambassador—the first ambas- Mr. GIBBS. Mr. Speaker, I rise to honor Mr. late her on receiving the 2012 Mayor of sador to be killed in the line of duty since Larry Lang of Big Prairie, OH who has spent Golden’s Award for Excellence. I am sure she 1979. Yet the American people still have been over twenty years of his life serving the will exhibit the same dedication and commit- told little about the timeline of this attack and Holmes County community through the Red ment to all her future endeavors. the administration’s response in the hours,

VerDate Mar 15 2010 01:12 Dec 07, 2012 Jkt 079060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\RECORD12\RECFILES\E04DE2.REC E04DE2 bjneal on DSK2TWX8P1PROD with CONGRESSIONAL RECORD — Extensions of Remarks E1869 days and weeks following. The American peo- plete with partisan bickering, are much bet- The wisdom of utilizing a select committee ple still haven’t been provided answers to seri- ter. should not just be judged on the outcome of It is easy to identify at least eight congres- ous questions. For example, why was addi- the committee’s work; dramatic results are sional committees (four in each chamber) not always achieved or warranted. The select tional security denied to the ambassador? with claims of jurisdiction in the Benghazi Watergate Committee is a beneficial ref- What intelligence was known about the threat matter. No committee has jurisdiction over erence point, not because of the end result of prior to the attacks? There are also serious all of it, and several committees have juris- its investigation a year and a half after it questions about links of this terrorist attack to diction over parts that overlap with the ju- was formed, but because of the process Con- the protests at the U.S. embassies in Cairo, risdictions of other committees. Some of the gress utilized to deal with a difficult situa- Egypt, Tunis, Tunisia and Sanaa, Yemen that committee hearings will involve classified tion. information and will be conducted behind At that time, we had a Republican presi- same week—where each American compound closed doors. Members of ‘‘Committee A’’ was breached by individuals allegedly linked dent and a Congress controlled by the Demo- will not know what a witness told ‘‘Com- crats. Yet the Senate voted unanimously to to al Qaeda-affiliated groups. What, if any, mittee B’’ in a closed hearing. Gen. Petraeus’ form the committee. Democratic leadership were the connections between these incidents recent appearance on Capitol Hill dem- appointed Sen. Sam Ervin, reputed to be the and the attack in Benghazi? onstrates how difficult it can be to get a con- chamber’s leading constitutional scholar, to These questions are too serious—and the sistent story when the witness is making chair the committee. The Republican leader consequences too grave—to be brushed multiple appearances before even the same appointed Sen. Howard Baker to be the vice committee. chairman and leading member of his party aside. There are critical legislative decisions Perhaps not all committees with jurisdic- the next Congress will have to make based on on the committee—a senator who was re- tion will have hearings, but if half of them spected on both sides of the aisle. These men the answers of these questions. But more im- do it will produce competing hearings, with protected the legitimate partisan interests competing staffs and competing press con- portantly, the American people deserve an- of their respective parties and the path was ferences over much of Capitol Hill. It will swers to these questions—including open not always smooth, especially behind closed also take longer than necessary, as govern- hearings and an unclassified report. doors, but they understood that their col- ment officials shuffle back and forth giving The select committee I am proposing should leagues, as well as the nation, were depend- repeat performances. Different committee draw from the existing congressional inves- ing upon them to be responsible and seek the chairmen and their committees will make truth. Authority and accountability were tigations by including the chairman and rank- different rulings on document production, clearly placed on the committee, and its ing member of each committee of jurisdic- whether to move for immunity for witnesses members performed accordingly. tion—Intelligence, Foreign Affairs, Judiciary, who refuse to testify on the basis of the 5th Select committees are not perfect cre- Amendment, and a host of other matters. Armed Services and Oversight and Govern- ations by any means. A clear narrative is ment Reform—as well as five additional Re- This is simply not the most efficient and credible way to proceed. And it is less likely often difficult to produce under any cir- publicans appointed by the Speaker and two cumstances. However, a select committee is additional Democrats appointed by the Minor- to arrive at the truth. The seriousness of the matter calls for something better. It calls for simply much more likely to produce focused ity Leader. a select committee that is given a specific and credible results. Soon we will see if the I appreciate the support I have received for mandate, a budget and a cut-off date that United States Congress is still capable of this resolution from the original cosponsors, as can be adjusted if it is agreed upon. It needs coming together toward the common goal of well as the Heritage Foundation. I also submit to be comprised of members of both parties getting to the bottom of a very serious mat- for the record a recent op-ed that was pub- who have been selected by their leadership ter. Or, are decisions about select commit- because of their proven integrity, reputation tees simply reflective of positions based lished on RealClearPolitics.com by former upon whose ox is in danger of being gored? Senator Fred Thompson articulating the bene- for fairness, and expertise in a given area. In a matter fraught with political implica- f fits of a unified select committee. Senator tions, it is especially important that Con- Thompson has a unique perspective on the gress accept its responsibility and minimize TRIBUTE TO ANN DAWSON need for this committee given his experience partisanship as much as possible. History AUGUST as counsel on the Senate select committee on demonstrates that this goal is much easier Watergate. to achieve with a handful of selected people than it is with many. Since 1789, when Con- HON. JAMES E. CLYBURN Mr. Speaker, we owe it to the families of the OF SOUTH CAROLINA victims, and the American people, to fully in- gress investigated a failed military expedi- tion, select committees have been utilized to IN THE HOUSE OF REPRESENTATIVES vestigate this terrorist attack. I urge my col- serve such important and sensitive func- Tuesday, December 4, 2012 leagues to support this resolution. tions, and the Benghazi matter should follow [Nov. 28, 2012] in that long tradition, whether by means of Mr. CLYBURN. Mr. Speaker, it is a bitter- INVESTIGATING BENGHAZI: WHY WE NEED A a joint committee of both houses of Congress sweet occasion as I rise today to congratulate SELECT COMMITTEE or by either chamber. Ms. Ann Dawson August on being named Ex- (By Fred Thompson) Most select committees have become his- ecutive Director of the Birmingham-Jefferson torical footnotes. Some, however, are well As we fixate on the latest version of Gen. County Transit Authority in Birmingham, Ala- remembered because of the contribution bama. As she accepts this position, she is David Petraeus’ testimony or the misleading they made to helping Congress carry out its statements of Susan Rice, I suggest that we duties of legislating, overseeing the execu- leaving the Santee-Wateree Regional Trans- stop and think about the size of what we are tive branch and educating the American peo- portation Authority (SWRTA) in Sumter, South dealing with. The Benghazi tragedy raises ple as to the operation of their government. Carolina, where she has se ed as the Execu- questions concerning the protection of our Ironically, it is because of the success of tive Director of SWRTA for the past 11 years. embassies, the performance and capabilities these panels that some members of Congress She leaves behind a stellar record and will be of our military and our intelligence commu- and others oppose the formation of one in nity, as well as the decisions of high-ranking sorely missed. this case. A native of Sumter, South Carolina, Ms. Au- officials in the Department of Defense, the They say that forming a select committee State Department, the White House and pos- for a matter such as Benghazi, where a con- gust spent 39 years in Philadelphia, where sibly the Justice Department. sulate and four American lives were lost, she attended public schools and La Salle Uni- The scope of the questions that involve an would attach too much importance to the in- versity before working for 13 years for the array of officials, and sensitive agencies and vestigation. They fear that it would be Southeastern Pennsylvania Transportation Au- departments of our government, is unprece- equating it with Watergate. Of course, if the thority (SEPTA), the fifth largest transit author- dented. The inquiry into what happened and Watergate standard, as they define it, is now why, along with who is or should be account- ity in the country. In 1997, she demonstrated the operative standard for the formation of a her versatility when she transferred her talents able, calls for a focused, responsible effort select committee, then seldom, if ever, will equal to the seriousness and the complexities another select committee be formed. from the urban SEPTA system to SWRTA, the the issues. Critics of the select committee miss the second largest urban and rural transportation I’ve seen this rodeo before, both in a con- point on several levels. First of all, if indeed authority in South Carolina. structive manner (Watergate, where I served a comparison is to be made, one must look at Ann’s service in the transportation arena as a counsel) and a less-than-constructive the seriousness of facts and issues presented has extended far beyond SWRTA. She is a one (Clinton-era investigations, where I concerning Benghazi and compare them with member of the Sumter County Transportation chaired a committee that probed at least one the seriousness of facts and issues presented Committee and the Transportation Research facet of the various scandals). On our present at the times when other select committees, course, the prospects for a relatively short such as Watergate, were formed. So compare Analysis Committee for the Transportation Re- but thorough, credible, bipartisan congres- the Watergate burglary with what we have search Board in Washington, DC. From 2009 sional investigation are not good. The pros- here. Can there be any doubt that Benghazi to 2011, she was the Chair of the Transit Co- pects for a disjointed, drawn-out mess, re- passes the Watergate test? operative Research Program Oversight and

VerDate Mar 15 2010 01:12 Dec 07, 2012 Jkt 079060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\RECORD12\RECFILES\E04DE2.REC E04DE2 bjneal on DSK2TWX8P1PROD with E1870 CONGRESSIONAL RECORD — Extensions of Remarks December 4, 2012 Project Selection Committee, and she is cur- IN RECOGNITION OF THE RETIRE- est citizens and those who answer to a higher rently the Southeast Regional Director of the MENT OF DR. PHILLIP HAM- calling. I would like to honor, from the Navy: Community Transportation Association of MONDS Michelle Luz Trinidad, Stephanie Tillman, America. Andrew Kissoon, Gary Austin, Emmanuel Her- Ms. August has garnered media acclaim HON. MIKE ROGERS nandez, Carlo D. Casanova, Kristie Hamm, during this distinguished career. In 2007, OF ALABAMA Relles Campos, Raymond Farmer, Peter Cal- SWRTA was featured in Mass Transit Maga- IN THE HOUSE OF REPRESENTATIVES houn, Ruben Gallardo, Percy Fernando Mon- roe, Jeffrey W. Butler, Jr., Marquais Rashann zine, and in 2008, Ms. August contributed to Tuesday, December 4, 2012 the magazine’s ‘‘Manager’s Forum’’ on the Bellamy, Marcus M. White, John C. Carter, Jr., topic ‘‘How a Board Can Help Directors Man- Mr. ROGERS of Alabama. Mr. Speaker, I Michael C. Thompson, Frederick Alan age Systems.’’ would like to join my colleagues Congressman Edwards, Kenyatta Bennett, Jamie Shire, SPENCER BACHUS and Congresswoman TERRI Cameron Zbikowski, Sam Owens, Neville An asset to the community in numerous ca- SEWELL in asking for the House’s attention Bain, Alvine Burke, Freddie Berrios, Janette pacities outside of transportation, Ms. August today to recognize Dr. Phillip Hammonds who Ramos Chandler, Rafael Trinchet, Henry previously served as Vice President of the is retiring as the Superintendent of Jefferson Elam, Willie B. Taylor, Mae Christian, Ran- YWCA of the Upper Lowlands Membership County Schools after nearly 40 years of serv- dolph Mobley, John M. Locklier, Charles W. Committee and is the immediate past Chair of ice to Alabama’s school systems. Wright, Brian F. Kipp, David Nunez, Ben the United Way of Sumter. She served 30 Dr. Phillip Hammonds received his Bachelor Rape, Stephanie Tillman, James F. Wilson Jr., years in the Army Reserves, retiring in 2004. degree in English Education from Evangel Jackie Bernard Singleton, Richard Victor Pow- Ann is married to Henry August Jr., a trans- College in Springfield, Missouri. Soon after, he ell, Mary Lesic, Angus Laney, Rock Daze, portation professional who retired from SEPTA received his Master’s degree from the Univer- Franklin Johnson; after serving 35 years in the industry; they sity of Alabama at Birmingham. He went on to Finally, it is not our tanks, weapons or ma- have two adult children and five grandchildren. earn Doctoral degrees from both the Univer- chinery that make the United States Armed Mr. Speaker, Ms. August will be missed in sity of Montevallo and the University of Ala- Forces the best military in the world. It is our South Carolina, but I have no doubt that our bama. young men and women who serve profes- loss will be Alabama’s gain. I ask that you and While earning his numerous degrees, Dr. sionally with honor and distinction. If not for my colleagues join me in wishing Ms. Ann Hammonds also served Alabama schools in these exemplary citizens, freedom and the Dawson August all the best and Godspeed in various capacities. From 1973–1983 he work American way of life would not be safe and her future endeavors. for Sylacauga High School. In 1983, he began secure. For these sacrifices, we respect and working for the Sylacauga City School Sys- should commend their service everyday of the f tem, where he stayed until 1996. He also year. Congress has designated, November served as the Superintendent of Sylacauga 11th 2012 as the official day showing our grat- HONORING OFFICER THOMAS City Schools from 2001–2003. From 1996– itude. DECKER UPON HIS DEATH 1997, Dr. Hammonds was the Superintendent Please join me in honoring these American of Education for Pell City Schools. In 1997, he heroes for their bravery and sacrifice in de- began his work for the Jefferson County fense of this great nation. HON. MICHELE BACHMANN School System, and in 2004 he was appointed f Superintendent. OF MINNESOTA PERSONAL EXPLANATION Because of his faithful service to Alabama’s IN THE HOUSE OF REPRESENTATIVES school systems, Dr. Hammonds has been the Tuesday, December 4, 2012 recipient of numerous awards. In 1989, he HON. LUCILLE ROYBAL-ALLARD was honored as the Outstanding Graduate OF CALIFORNIA Mrs. BACHMANN. Mr. Speaker, I rise today Student in School Administration at the Uni- IN THE HOUSE OF REPRESENTATIVES to honor Officer Thomas Decker of the Cold versity of Montevallo. In 1991, he received a Tuesday, December 4, 2012 Springs Police Department. On November 29, Faculty Recognition Award from the University Ms. ROYBAL-ALLARD. Mr. Speaker, I was Officer Decker was killed in the line of duty of Alabama. He was also named the Out- out of town due to a family medical situation while trying to help a man believed to be suici- standing Alumnus in School Administration by and was not present for the rollcall vote num- dal. the University of Montevallo in 1996. In 2007, bered 611 on Thursday, November 29, 2012. Officer Decker was a Minnesota boy he was recognized as the Outstanding Super- Had I been present, I would have voted in this through and through, growing up on a dairy intendent of the Year by the Alabama Con- manner: farm near Cold Spring. After attending Rocori gress of Parents and Teachers. Finally, in Rollcall Vote No. 611—Resolution providing High School, he went on to serve as a police 2010, he was appointed to the Board of Direc- for consideration of H.R. 6429, the STEM officer for 10 years, serving in the commu- tors for the The Capstone at the University of Jobs Act: ‘‘no.’’ Alabama. nities of Isle, Watkins, Kimball, and the Cold f spring/Richmond Police Department. He Mr. Speaker, we join his family, friends and bravely served the citizens of central Min- the state of Alabama in this celebration in his LT ENVIRONMENTAL, INC. (LTE) nesota and those who knew him called him a honor. We will miss Dr. Hammonds’ leader- hero who loved his family. He leaves behind ship in Alabama, and wish him the very best. HON. ED PERLMUTTER a wife, four young children, parents, siblings f OF COLORADO and a community who loved him. HONORING UNITED STATES NAVY IN THE HOUSE OF REPRESENTATIVES Officer Decker’s death tears at the VETERANS Tuesday, December 4, 2012 heartstrings of a small town who knows all too Mr. PERLMUTTER. Mr. Speaker, I rise well the sting of heartbreaking tragedy. This HON. FREDERICA S. WILSON today to recognize and applaud LT Environ- community lost another son to senseless mental, Inc. for providing decades of expertise bloodshed. It is hard to grasp why such vio- OF FLORIDA IN THE HOUSE OF REPRESENTATIVES through innovative technologies in helping our lence occurs, but it is important that friends citizens identify and eliminate environmental li- Tuesday, December 4, 2012 and neighbors stick together in these trying abilities. times. My thoughts and prayers are with the Ms. WILSON of Florida. Mr. Speaker, I rise Since 1992, LT Environmental or LTE, has Decker family as they deal with this painful today to recognize and honor our veterans. performed environmental consulting services loss, especially five-year-old Devon, six-year- There are no words that can express the for a diverse range of industries including oil old Justin, seven-year-old Jade and eight- gratitude that the American people owe all of and gas, transportation, manufacturing, real year-old Kelly. the men and women who choose to serve the estate, government, and public and private Mr. Speaker, I ask this body join with me in United States of America in the armed serv- property owners. The high level of devotion mourning the loss of this brave and noble po- ices. We are all humbled by the sacrifice they LTE has shown to our communities serves as lice officer who represented not only Min- make—knowingly putting themselves in harm’s a prime example of their quality service. nesota, but a force which protects citizens way while also leaving loved ones behind. LTE’s primary goal of rapid site closure al- across this great country. This commitment is the mark of America’s fin- lows for businesses, many of whom would

VerDate Mar 15 2010 01:12 Dec 07, 2012 Jkt 079060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\RECORD12\RECFILES\E04DE2.REC E04DE2 bjneal on DSK2TWX8P1PROD with CONGRESSIONAL RECORD — Extensions of Remarks E1871 otherwise had to close their doors, to ensure HONORING SOLANO COUNTY HONORING DENNIS ROTH ON THE the safety of their employees and the environ- SUPERVISOR BARBARA KONDYLIS OCCASION OF HIS RETIREMENT ment alike. Sustainable and environmentally- FROM THE CONGRESSIONAL RE- conscious practices have been a top priority HON. GEORGE MILLER SEARCH SERVICE for LTE since its foundation. Certainly, without OF CALIFORNIA companies like LTE, the citizens of Colorado IN THE HOUSE OF REPRESENTATIVES HON. MICHAEL M. HONDA would not be able to enjoy the beautiful lands Tuesday, December 4, 2012 OF CALIFORNIA we have all come to know and love. IN THE HOUSE OF REPRESENTATIVES Mr. GEORGE MILLER of California. Mr. The list of awards and recognitions received Speaker, I rise today with my colleague, Con- Tuesday, December 4, 2012 by LTE serves as a testament to the ongoing gressman MIKE THOMPSON, to recognize the Mr. HONDA. Mr. Speaker, I rise to acknowl- successes of LTE. Most notably, the company many accomplishments of Solano County Su- edge the outstanding career of a dedicated is the recent recipient of the both the 2012 pervisor Barbara Kondylis as she retires after public servant from the Congressional Re- Top Company award and the 2012 Colorado twenty years of distinguished service on the search Service, Dennis Roth. Mr. Roth is retir- Company to Watch. It has also been recog- Solano County Board of Supervisors. ing in January after 42 years of public service. nized by Colorado Biz Magazine as one of the Barbara as born in Seymour, Indiana, and Mr. Roth came to the Congressional Re- top ten fastest growing private midsize compa- raised in Port Jefferson on Long Island, NY. In search Service in 1976 as a labor economist, nies in Denver. 1969, Barbara moved to Vallejo with her hus- working in what was the the CRS Economics I am very proud to have the LTE head- band Gabriel. Barbara completed her edu- Division. Mr. Roth rose steadily through the quarters located in Arvada, Colorado. LTE cation in the Bay Area, earning a Bachelor’s ranks, becoming one of that division’s first continues to expand its outreach into all areas Degree in Public Administration from the Uni- section heads. During this time, Mr. Roth of Colorado, as well as New Mexico, Wyo- versity of San Francisco and a Master’s De- worked closely with Members of both houses ming, Idaho, Utah and Florida. I can con- gree in Public Administration from California of Congress and their staff, providing valuable fidently say that my colleagues here today will State University, Hayward. research and analysis for one of the era’s soon observe the benefits of having LTE serve Barbara won a Vallejo City Council seat in landmark pieces of legislation, the Humphries- 1979 and served for nine years. She then in their communities. Hawkins Full Employment Act. Among its pro- turned her attention to the Solano County Mr. Speaker, the commitment of LT Environ- visions, the Act set national goals for full em- Board of Supervisors, winning the seat in mental to the people, businesses and lands of ployment and mandated that the Federal Re- 1992. Barbara was motivated to run because Colorado serves as an example to those in serve establish policies that not only controlled she was concerned about government process the environment, and throughout all areas of inflation, but also encouraged long-term eco- and land use decisions that threatened Solano commerce. It is with great pride and admira- nomic growth and price stability; a mandate County’s environment, as well as the plight of tion that I am able to briefly speak on the tri- that guides the Federal Reserve to this day as women and children, particularly issues of umphs of LT Environmental. I am certain the it navigates the troubled economic environ- family violence, poverty, and family planning. effects of their service will continue to benefit Barbara has accomplished much on behalf ment in which we currently find ourselves. our communities for decades to come. of Solano County’s children and families. She In the 1980’s, while maintaining his work- established the Office and Family Violence load as a labor economist at CRS, Mr. Roth f Prevention, the Family Justice Center, and became active in the Congressional Research Baby Coach, an innovative program to ensure Employees Association (CREA). In 1986, Mr. CONGRATULATING BENJAMIN Roth ran for President of the Association, but STRALEY good outcomes for high risk mothers and their babies. Barbara also successfully promoted lost on his first try. He ran again in 1987, and AB 2010, which passed the California Legisla- this time he won. The employees at CRS HON. STEVE STIVERS ture, allowing Solano County to charge Vital demonstrated their confidence in his steward- Records Fees, increasing revenue $80,000 a ship by returning him to office each year OF OHIO year directed to reduce family violence. She since. For 25 years, Mr. Roth has been a tire- IN THE HOUSE OF REPRESENTATIVES helped implement Court Appointed Special less advocate for the rights, goals, and aspira- Advocates who have helped hundreds of chil- tions of all employees at the Congressional Tuesday, December 4, 2012 dren going through dependency court. Barbara Research Service. In his spare time, he has Mr. STIVERS. Mr. Speaker, I rise today to also proposed and initiated ‘‘Smile in Style’’ also been active in the Federal Caucus of the congratulate Benjamin Straley on being which provided dental screenings and other International Federation of Professional and named Assistant Organist at the National Ca- services to thousands of elementary school Technical Engineers (the IFPTE), with which thedral in Washington D.C. His dedication to children, allowing many to get emergency den- CREA is affiliated, and which represents a sacred music and continued education is truly tal care. broad segment of the federal workforce. In remarkable. Today, Mr. Straley holds his posi- During her long career, Barbara has served 1990, Mr. Roth was elected IFPTE Eastern tion on the incredible music staff at the Na- on many local and regional boards including Federal Area Vice President, a position in tional Cathedral and shares playing respon- the Solano County Water Authority, City-Coun- which he served until July of 1997. He was sibilities with two other organists. ty Coordinating Committee, San Francisco also elected as Executive Vice President of Bay Conservation and Development Commis- IFPTE in 1994 and served until July 1997. Mr. Straley is an Ohio native from the 15th sion, Mare Island Re-Use Committee, Health Mr. Roth grew up outside Carlisle, Pennsyl- Congressional District, and he has proven to and Social Services Sub-Committee, Tri City- vania. He graduated from Antioch College in be one of the top organists in the nation. A re- County JPA for Agriculture Lands and Open 1968. He immediately joined the Peace Corps, cent graduate of Yale University, Mr. Straley Space Preservation, Vallejo Sanitation and serving in Catanduanes in the Philippine Re- studied sacred music and theological edu- Flood Control District Board, Vallejo Justice public where he taught math and worked in cation and earned many awards and recogni- Committee, California State Association of the areas of economic and agricultural devel- tions. Included among his many accomplish- Counties Board of Directors and Executive opment. In fact, Mr. Roth met his wife-to-be ments is the Baker Prize, a prize awarded to Committee, Solano County Children and Fami- Daisy while he was a Peace Corps volunteer. incoming organ students at Yale deemed to lies First Commission, Baby First Solano, As- The two wed and, at the end of his Peace be in the top one or two percent of young or- sociation of Bay Area Government Board, Corps tour, they returned to the States, where ganists in the country. Mr. Straley was also Delta Protection Commission, and California Mr. Roth attended the University of California, one of the few Americans in the entire history State Association of Counties Condition of Berkley and completed the academic require- of the Haarlem Organ Festival invited to com- Children Taskforce. ments for a Ph.D. in Economics. Before com- pete in its prestigious improvisation contest. Mr. Speaker, we invite this chamber to join ing to CRS, Mr. Roth also served in the De- I would again like to congratulate Benjamin us in honoring Supervisor Barbara Kondylis for partment of Labor, working as an economist Straley on being named Assistant Organist at her tireless and dedicated service to the peo- for the Assistant Secretary for Policy, Evalua- the National Cathedral. The people of Ohio’s ple of Solano County. We also join her family, tion, and Research. Mr. and Mrs. Roth have 15th District are dedicated, hardworking peo- colleagues, and friends in congratulating her two grown children, Jessica and Benjamin. ple, and Mr. Straley’s accomplishments make on a successful and fulfilling career as an As Ranking Member of the Legislative me proud to represent the 15th District in Con- elected official and wish her the very best in Branch Appropriations Subcommittee, I take gress. her future endeavors. great pride in all of the outstanding people

VerDate Mar 15 2010 01:12 Dec 07, 2012 Jkt 079060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\RECORD12\RECFILES\E04DE2.REC E04DE2 bjneal on DSK2TWX8P1PROD with E1872 CONGRESSIONAL RECORD — Extensions of Remarks December 4, 2012 who choose to work for this august body and These water companies were Mr. Schuster’s Ishmnel Cash Rolle, Jr., John Steele, Bobby help us do our jobs better. On behalf of my pride and joy. He looked forward to going to White, Andrew D. Reid, Neville Solomon colleagues, I congratulate Mr. Roth on his the office every morning, working tirelessly, Shorter, Richard A. Love, Jr., Rufus Lester, many years of exceptional service to this Con- and returning home to his family. Blue Moun- Hector Ramirez, Paul Murray, Alexander Flow- gress, to the people of the United States, and tain Purified Water, LLC remains the first bot- ers, Eulas C. Mitchell, Jr, Jeffrey Smith, the employees of the Congressional Research tled water company in the Virgin Islands and Reinnier Ray Santos, Sunil Mittoo, Trenton A. Service; and as a fellow Returned Peace the largest of its kind on St. Croix. Schuster’s Brewton, Travis D. Small, Bernard Carr, Mi- Corps Volunteers, I thank him for his service Services is one of the oldest businesses in the chael D. Beebe, George Hill, Robert Foster, to the people of Catanduanes Island. He epit- U.S. Virgin Islands. Wilfred Bedeau, Derrill Clayton White, Hector omizes the highest ideals of public service. Of all of his accomplishments, his greatest E. Valle Acosta, Alex Esteban White, Tan S. We wish him all the best. was being a devoted husband and father. Mr. Eward, Jeffrey Allen Cooper, Robert Brown, f Schuster married the love of his life and high Mose McClain, Alejandro Suarez, James school sweetheart, Rita M. de Chabert, after Henry Sconiers, Murray Lanard, Milto N. THE PASSING OF MR. LOWELL O. entering the armed services. They started their SCHUSTER Smith, Tomas M. Rodriguez, Rutheven Wil- family while he was stationed in Germany. Mr. liams, Roscoe Shannon, James L. Struchins, Schuster and his wife were married for 58 Tommy Fortner, Jr, Elizabeth Fequiere, An- years and raised 4 children—Gregory, Janine, HON. DONNA M. CHRISTENSEN drew Nesbitt, Paul M. Wellons, Samuel C. Kenneth and Troy. They are the proud grand- OF THE VIRGIN ISLANDS Rhoden, Cedric Halyard, Alvin Chambers, parents of three grandchildren. IN THE HOUSE OF REPRESENTATIVES Shirlene Ann Lassiter, Jerome Williams, Hugh On behalf of my family, staff and the Con- Tuesday, December 4, 2012 H. Hood, Jared M. Dawson, Charles F. John- gress of the United States, I extend our sin- son, Jr., John A. Cooper, Israel Santiago, Mrs. CHRISTENSEN. Mr. Speaker, I come cere condolences and want the family to know before the House with a heavy heart to ex- that our thoughts and prayers are with them Deoraj Ramsaran, Willie L. Thompson, press my condolences and pay tribute to Mr. as we mourn the passing of a great man. We Michelle R. Forbes-Brown, Benjamin B. Lowell O. Schuster a beloved Virgin Islander, cannot replace Lowell but we will attempt to Cowins, Sr., Rufus Curry, Jr., Michel Pellerin, loving husband, devoted father, veteran, improve our lives and live our lives as dem- Craig Coney, Abe Stein, Phillip A. Johnson, teacher, businessman, community leader and onstrated by his great example. Claude Evans Adside, Jr., Debra Reed, very dear friend. George A. Stewart, John Garrison, Ronald f Lowell Schuster was born in Christiansted, Maycok, Charles Markx, Walter Hardemon, St. Croix, U.S. Virgin Islands, on November PERSONAL EXPLANATION Corey Cornell Butler, Willie Brinson, Willie 12, 1928 to Mr. Eugene and Mrs. Enid Thomas, Edwin Bain, Herman Williams, Albert Schuster of Christiansted, St. Croix. Mr. HON. DONNA F. EDWARDS Sturrip, Dan Brand, Jerry Williams, Esme Schuster attended St. Mary’s Catholic School Bain, James C. Smith, Raymond Burke, John OF MARYLAND and The Christiansted High School. After Donald Pace, Jr., Derrick Andrea Porter, Patri- IN THE HOUSE OF REPRESENTATIVES graduation from high school, he enrolled at cia Ann Barber, James E. Johnson, Diana M. Howard University in Washington, DC, where Tuesday, December 4, 2012 Gilliam, Carla Horne, Beatrice E. McIver, Wini- he received a Bachelor of Science degree in Ms. EDWARDS. Mr. Speaker, I was absent fred D. Browne, Evette Linda Phillips, Charlie Psychology. While attending Howard Univer- from votes in the House last Friday (Novem- Reid, John Williams, Simuel Williams Jr, Mau- sity he entered the Reserve Officers’ Training ber 30th) due to a family funeral and missed rice Ratliff, Michael Johnson, Santwan Wil- Corps. Following his graduation from Howard rollcall votes 612–613. Had I been present, I liams, Hector Rivera, Nathan Johnson, Jose University, he entered the United States Army would have voted ‘‘yes’’ on rollcall vote 612 Morales, Alphonso Giles, Beverly Bethel, John as an officer with the rank of Second Lieuten- (motion to recommit H.R. 6429, the STEM Riley, Karen Boyd, Edgar Childs, Virgil Lacey, ant. Jobs Act) and ‘‘no’’ on rollcall vote 613 (final Frank Rawlerson, Mariano Cruz, John Zeigler, Mr. Schuster had a distinguished military ca- passage of H.R. 6429). Melissa Billingsley, Evette Phillips, George reer. He was stationed in Germany where he Stanley, Namon J. Gilbert Jr. Glen R. George, bravely served during the Cold War. On May f Allyn McKinney, Charles Green, Roger Hibard, 9, 1955, he was promoted to First Lieutenant HONORING UNITED STATES ARMY Seitu Muhammad Kokavi, Shirl Cornwall, Rich- of the United States Army and was granted VETERANS Top Security clearance. He became Infantry ard Mason, Peter James Kendrick, Charles Unit Commander and led the troops on daily Mack, Ronald Maycok, John Garrison, Nor- patrols along the West Germany-East Ger- HON. FREDERICA S. WILSON man Kight, Henry Picket, Willie Thang, April many border. On November 26, 1958, Mr. OF FLORIDA Barnes, Thaddeus Pinkney, John Wallace, Schuster was granted an Honorable Dis- IN THE HOUSE OF REPRESENTATIVES Walter Hodge, Luther Benjamin Smith, charge. In recognition of his military service, Charmaine Rolle, Allison Bullard, Timothy Tuesday, December 4, 2012 he received the National Defense Service Forbes Sr., Sam Lattimore, Edilberto Martinez, Medal. Mr. Schuster continued his service to Ms. WILSON of Florida. Mr. Speaker, I rise Phillip Moncur, Vernette Berry Richardson, our Nation by entering the Army Reserves today to recognize and honor our veterans. Wilfred Bedeau, Wesly Frazier, Darrell Mor- where he was promoted to Captain. He also There are no words that can express the gan, Roland James, Henry Elam, Alfred Gor- became active with the U.S. Virgin Islands Na- gratitude that the American people owe all of don, Peter James Kendrick, Louis Tyler, Karen tional Guard. He was honorably discharged the men and who choose to serve the United A. Boyd, Frederick Edwards, Johnnie Nesmith; from the United States Army Reserves on States of America in the armed services. We Finally, it is not our tanks, weapons or ma- February 10, 1969. are all humbled by the sacrifice they make— chinery that make the United States Armed During his tenure in the Reserves, Mr. knowingly putting themselves in harm’s way Forces the best military in the world. It is our Schuster began his second career as a teach- while also leaving loved ones behind. This young men and women who serve profes- commitment is the mark of America’s finest er at the Christiansted High School. He again sionally with honor and distinction. If not for citizens and those who answer to a higher distinguished himself as an educator and with- these exemplary citizens, freedom and the calling. I would like to recognize, from the in a short period of time was promoted to As- American way of life would not be safe and sistant Principal and later became Acting Prin- Army: secure. For these sacrifices, we respect and cipal. After his father became ill, he resigned Mona Figueroa, Julie Chery, Amaury should commend their service everyday of the from his position to enter the world of busi- Acosta, Delawrence Blue, Pedro David Lanza, year. Congress has designated, November ness, taking over the operations of Schuster’s Jimmy Moises Palma, Edwin Garcia Llauger, 11th 2012 as the official day showing our grat- Services, the largest fully integrated water Dejongh Oscar, Evette Linda Phillips, Virgil A. itude. company in the Virgin Islands. He further ex- Lacey, Norman Cooper, William Berrios, panded the business to include the bottling of James Hosley, Charles Henry Green, Daniel Please join me in honoring these American water and named it Blue Mountain Water, now Shannon, Franklin D. Mack, Alfred E. Glass, heroes for their bravery and sacrifice in de- Blue Mountain Purified Water, LLC. Cleotha Brown, Thomas George Darden, fense of this great nation.

VerDate Mar 15 2010 01:12 Dec 07, 2012 Jkt 079060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\RECORD12\RECFILES\E04DE2.REC E04DE2 bjneal on DSK2TWX8P1PROD with CONGRESSIONAL RECORD — Extensions of Remarks E1873 CONGRATULATING THE REPUBLIC numerous professional organizations. Whether dealerships Arkansas Ag in 2011, he was Lo- OF CYPRUS ON ITS PRESIDENCY it is his advocacy through the formation of cation Manager for Arkansas Ag in McGehee. OF THE EUROPEAN UNION (EU) healthcare policy at the national level, or serv- He was a past president of the Southeast ing as President of the Society of Thoracic Equipment Dealers Association. HON. SHELLEY BERKLEY Surgeons, Dr. Grover is truly a remarkable Ken led an exemplary life and was ex- OF NEVADA member of our community. tremely active in many different capacities. He IN THE HOUSE OF REPRESENTATIVES Dr. Grover’s commitment to enriching the was past president of the Dumas Chamber of Tuesday, December 4, 2012 community serves as a great example to Commerce, Dumas Lions Club, and Walnut those in medicine, and throughout all dis- Lake Country Club Boar. He served as chair- Ms. BERKLEY. Mr. Speaker, today I would ciplines. It is with great pride and admiration man of the Dumas Airport Commission, on the like to honor the Republic of Cyprus as its first that I am able to briefly speak on the suc- Chicot-Desha Metropolitan Port Authority (Yel- six-month rotation of the European Union cesses of Dr. Frederick Grover. I am certain low Bend Port) and on the Dumas School Presidency comes to a close. The EU Presi- the effects of his service will continue to ben- Board. He represented the Dumas area on the dency is a significant event in the history of efit our communities in Colorado for decades Southeast Arkansas Levee District Board and this nation with which the United States has to come. had been a member of the AgHeritage Farm such a close relationship. f Credit Services Board of Directors since 1993. This small, but vigorous country has over- Ken was chosen as the Ding Dong Daddy of seen a number of historic events during its RECOGNIZING CENTRAL SERVICE Dumas for 1996 and was named Dumas Lions tenure in the Presidency. Most notably, the EU TECHNICIANS Club Man of the Year in 1993, the same year approved a new round of sanctions against his wife Debbie was honored as Woman of Iran. These sanctions are the toughest meas- HON. BILLY LONG the Year at the annual Dumas Chamber of ures imposed by the EU to date and target OF MISSOURI Commerce banquet. Iran’s nuclear and ballistic missile program. IN THE HOUSE OF REPRESENTATIVES Ken was also very active at the First United The sanctions ban financial transactions, pro- Methodist Church where he served as past Tuesday, December 4, 2012 hibit the export to Iran of materials that could chairman of the Administrative Board, a mem- be used for its nuclear and ballistic program, Mr. LONG. Mr. Speaker, I rise today to rec- ber of the governing council, and a Sunday ban the importation of natural gas from Iran, ognize Central Service Technicians. School teacher. and impose an asset freeze and travel ban on Central Service Technicians are responsible Leading by example through a lifetime of 34 additional Iranian entities reportedly pro- for processing surgical instruments, supplies dedication, community service, and commit- viding financial support to the Iranian govern- and equipment, and serve in settings ranging ment to agriculture, Ken has left an undeni- ment. I would like to congratulate the Republic from hospitals to ambulatory surgical centers able mark on the Desha County community. of Cyprus for overseeing the enactment of throt ghout the country. Dumas is a better place, more cohesive com- these sanctions as they will work in tandem These individuals provide support to patient munity because of Ken Shea and he will be with the strong US sanctions imposed against care services and are tasked with ensuring deeply missed. My heartfelt condolences are Iran. This is a critically important step that will supplies needed for patient care are decon- with his wife of 35 years, Debbie; his son, the help to keep the rulers of Iran from fulfilling taminated, cleaned, assembled, and sterilized. Rev. Thomas McKennon Shea Jr. and wife their quest for nuclear weapons. Furthermore, The Central Sterile Supply Department of a Anna Collins Shea; his daughter, Sarah Helen it will help to ensure the security of our strong- health care facility is the heart of all activity Shea Studebaker and husband Peyton Mills est ally in the region, Israel, by maintaining re- surrounding instruments, supplies and equip- Studebaker; his brother, William Warrick ‘‘Bill’’ gional stability. Again, I extend my sincere ment required for operating rooms, Endoscopy Shea; his sister, Anne Shea Carroll; and his congratulations to the Republic of Cyprus on a suites, Intensive Care Units, birth centers and two grandchildren, Jackson Reade Studebaker successful EU Presidency. other patient care areas. and Thomas McKennon ‘‘Mac’’ Shea, III. f Central Service Technicians play an impor- While Ken may no longer be with us, his spirit DR. FREDERICK L. GROVER, MD tant role in patient care arenas, and are re- will live on forever in the lives he touched. sponsible for first-line processes to prevent f patient infections. HON. ED PERLMUTTER Mr. Speaker, Central Service Technicians OUR UNCONSCIONABLE NATIONAL OF COLORADO are instrumental to patient safety and I am DEBT IN THE HOUSE OF REPRESENTATIVES honored to recognize their vital role in the Tuesday, December 4, 2012 health care arena. HON. MIKE COFFMAN Mr. PERLMUTTER. Mr. Speaker, I rise f OF COLORADO today to recognize and applaud Dr. Frederick IN THE HOUSE OF REPRESENTATIVES IN HONOR OF THOMAS MCKENNON Grover for his service to our community. Tuesday, December 4, 2012 After serving in the Navy, Dr. Grover dili- ‘‘KEN’’ SHEA Mr. COFFMAN of Colorado. Mr. Speaker, gently worked to ensure the future of on January 20, 2009, the day President cardiothoracic medicine. Throughout his ca- HON. MIKE ROSS Obama took office, the national debt was reer, Dr. Grover trained and mentored over 39 OF ARKANSAS $10,626,877,048,913.08. thoracic surgery residents. As the Chair of the IN THE HOUSE OF REPRESENTATIVES Today, it is $16,338,092,943,716.61. We’ve Department of Surgery at the University Colo- Tuesday, December 4, 2012 added $5,711,215,894,803.53 to our debt in rado School of Medicine, Dr. Grover preserved Mr. ROSS of Arkansas. Mr. Speaker, I rise nearly 4 years. This is $5 trillion in debt our the success of our medical communities for nation, our economy, and our children could generations to come. Dr. Grover’s selfless de- today to honor the life of Thomas McKennon ‘‘Ken’’ Shea, a life-long resident of Dumas, Ar- have avoided with a balanced budget amend- votion to his students provided an exemplary ment. standard of service. kansas, who passed away at the age of 58 on Dr. Grover’s continual efforts in aiding the November 29, 2012. Ken was born on August f men and women whom served our nation are 9, 1954 in Dumas, Arkansas and I would like TRIBUTE TO TOM VICINI undoubtedly worth the upmost gratitude. For to recognize his life and achievements. 12 years, Dr. Grover dedicated himself as the Raised in Dumas, Arkansas, Ken attended HON. HAROLD ROGERS Dumas High School and earned a bachelor’s Chief of Surgical Services at the Department OF KENTUCKY degree from Louisiana State University, where of Veterans Affairs Medical Center in Denver. IN THE HOUSE OF REPRESENTATIVES During this time, Dr. Grover pioneered the VA he was a member of Kappa Sigma fraternity. Cardiac Surgery Database as the Medical Di- Ken returned to Dumas after graduating from Tuesday, December 4, 2012 rector of the Continuous Improvement. It is his LSU to become associated with his father at Mr. ROGERS of Kentucky. Mr. Speaker, I daily endeavors, as well as promotion of future McKennon Implement Co. Inc, the family’s rise today to pay tribute to my good friend, medicines, that exemplify the level of service John Deere farm equipment dealership, and Tom Vicini, for his tremendous leadership and Dr. Grover continues to emulate. served as president and sales manager there tireless dedication to inspire young people in Dr. Grover distinguishes himself as a caring while helping to oversee his family’s farming southern and eastern Kentucky live a drug- member of the community by striving to aid interests. Following the sale of the McKennon free life.

VerDate Mar 15 2010 01:12 Dec 07, 2012 Jkt 079060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\RECORD12\RECFILES\E04DE2.REC E04DE2 bjneal on DSK2TWX8P1PROD with E1874 CONGRESSIONAL RECORD — Extensions of Remarks December 4, 2012 In recent years, Tom has witnessed the voted ‘‘no’’ on rollcall vote 611, ‘‘yes’’ on roll ating $32 billion a year. This dastardly deed devastating effects of the prescription drug call vote 612, and ‘‘no’’ on roll call vote 613. occurs all over the world, but most people epidemic in his hometown of Lynch, Kentucky f don’t know that it occurs right here in the and across our rural region. Rather than quiet- United States. Unfortunately, Texas has be- ly standing by, Tom has committed his life to THE IMPENDING FISCAL CLIFF come a hub for human trafficking—in 2007 making a difference both as a selfless commu- NEGOTIATIONS AND THE EXTEN- nearly 1/3 of the calls to the National Human nity leader and a compassionate little league SION OF TAX CUTS FOR THE Trafficking Hotline came from our state. The coach. MIDDLE CLASS many interstates, airports and ports in Hous- After earning a Bachelor’s degree in Busi- ton make our city convenient for traffickers. ness Administration from the University of HON. AL GREEN Trafficking rings operate in places that you Kentucky, Tom returned to Lynch where he OF TEXAS see along the streets in our communities, like worked in the private sector and served as IN THE HOUSE OF REPRESENTATIVES some massage parlors where women are sold Mayor for 13 years without taking a salary, Tuesday, December 4, 2012 for sex. This modern day slave trade occurs due to tight budgets. He is now a Coalition Mr. AL GREEN of Texas. Mr. Speaker, as right in our own backyard. It seems like a Hol- Coordinator for Operation UNITE, a non-profit Congress and the President continue to move lywood movie, but this is reality. organization designed to combat substance toward a compromise addressing the ‘‘Fiscal There are many faces of trafficking victims, abuse through law enforcement, treatment and Cliff,’’ I support a balanced approach that cre- but typically the victims are women—both education, serving the Fifth Congressional Dis- ates jobs and supports long-term economic adult and child. In less frequent instances, the trict of Kentucky. Through his work with growth. A key component of sustained eco- victims are men. Some are people who are UNITE, Tom helps coordinate community anti- nomic growth is the extension of the current smuggled here from another country believing drug events and reaches out to families and tax rates for middle class Americans. Further- they will have a job. Others are vulnerable individuals grappling with addiction on a daily more, I support an approach that boosts the American children. In many cases, these vic- basis. confidence of small business owners and pro- tims are forced into sex and/or labor trafficking For the last 34 years, Tom has spent his vides them with the certitude they need to to repay a debt. Sadly, too many of them are evenings and weekends coaching little league meet the demands of a recovering economy. treated as criminals and not what they really baseball, a lifelong passion. Tom is more than Congress must support an approach that are—victims of crime. a successful coach, however. He is also an avoids the harmful sequestration spending When I came to Congress, I founded the bi- excellent mentor and role model, encouraging cuts that may affect nearly every sector of our partisan Congressional Victims Rights Caucus. players to stay off drugs, make healthy life economy and threaten our economic recovery. The Caucus works to bring attention to human choices, and never give up. Tom makes sure It is my hope that my colleagues and I can act trafficking. Legislatively, the Trafficking Victims that every child gets to play, regardless of tal- as partners in promoting economic fairness Protection Act has brought about considerable ent. All he asks for in return is that they give that will steer America toward a brighter fu- changes in the way that the federal govern- their best effort on the field. Additionally, Tom ture. ment responds to trafficking and coordination organizes free baseball camps for youth and worldwide. We are working towards reauthor- assists with various drug-free programs, in- f izing this important bill. cluding Shoot Hoops Not Drugs and Hooked JESSICA FORD On the state and local levels, Texas has on Fishing—Not on Drugs. In honor of his taken significant steps forward to prevent traf- contributions to the sport of baseball, Tom re- HON. TED POE ficking, prosecute traffickers, and help victims. ceived the 2012 Major League Baseball Com- OF TEXAS In Harris County, Precinct 4 Constable Ron missioner’s Play Healthy Award through the IN THE HOUSE OF REPRESENTATIVES Hickman and County Attorney Vince Ryan Partnership at DrugFree.org in conjunction have made cracking down on human traf- Tuesday, December 4, 2012 with MLB Charities. ficking a top priority. They’re working hard to Tom’s talents far exceed his boundaries, yet Mr. POE of Texas. Mr. Speaker, Jessica close illegitimate businesses and arrest and he is determined to help transform his small Ford had big dreams of becoming a doctor prosecute those exploiting the vulnerable. The community and our rural region of southern when she was growing up. Like many young biggest challenge we face to battling this and eastern Kentucky. As some of those girls, Jessica was just trying to find her way in crime is the endless demand by customers. same little league players have grown up, life when she ran away from home. After she Human Trafficking is modern day slavery. Tom has encountered a few in handcuffs dur- ran away, she met a man who made her feel It’s a human rights issue. Bringing awareness ing drug roundups, but his immediate re- safe. He claimed to have all the answers to to the problem is the first step. We must con- sponse is to kneel down beside them in pray- her problems. She fell in love. Unfortunately, tinue to tell stories like Jessica’s. Collaboration er, offering words of encouragement. It is his Jessica didn’t realize she was falling in love between federal, state and local governments courage of conviction and steadfast resolve to with a predator. is also key. Together, we can strengthen pen- help those in need that drive his unwavering Unbeknownst to Jessica, her new love iden- alties for traffickers and buyers. And most im- kindred spirit. His message of hope and per- tified her as prey and lured her in to his con- portantly, we can’t forget that those who have severance in the face of adversity is mani- trol by taking advantage of her vulnerability. been trafficked are the victims. We must treat fested every day through his tireless effort to Before she knew what was happening, she them like victims. They need assistance as encourage the youth of his community to was his slave—threatened, raped and force they recover from servitude and rebuild their reach for a brighter future. into prostitution. Her predator sold her for sex lives. Together we can eradicate the scourge Mr. Speaker, I ask my colleagues to join me in her city and trafficked her in other places. of human trafficking. And that’s just the way it in honoring Tom Vicini for receiving the MLB This nightmare—living in slavery—lasted for is. Commissioner’s Play Healthy Award, and for thirteen years. f his unwavering commitment to the youth of Jessica lived in constant fear of the men Harlan County. who owned her during those years. Not only IN HONOR OF MARIO GUILIO MUSCIANO, SR. f did they steal her childhood, they stole her identity. She was an object to them, sold on PERSONAL EXPLANATION an underground market just like any other HON. ROBERT E. ANDREWS commodity in demand. The sick reality of this OF NEW JERSEY HON. WILLIAM L. OWENS market is best explained by Assistant U.S. At- IN THE HOUSE OF REPRESENTATIVES torney Sherri Zack: ‘‘With selling a girl there’s OF NEW YORK Tuesday, December 4, 2012 IN THE HOUSE OF REPRESENTATIVES a huge advantage. After you sell a kilo of co- caine, you have to then buy another kilo of co- Mr. ANDREWS. Mr. Speaker, I rise today to Tuesday, December 4, 2012 caine, but you can sell a girl or boy over and honor the beloved Mario Guilio Musciano, Sr. Mr. OWENS. Mr. Speaker, I was unavoid- over again. It’s an incredible renewable re- of Somerdale, New Jersey who passed away ably absent due to a family emergency on No- source.’’ Jessica’s nightmare didn’t start in a on Friday, November 23rd, 2012. vember 29th and November 30th, 2012. As a third world country; it started right here in Born and raised in Camden, Mr. Musciano’s result, I missed rollcall votes 611, 612, and Houston, Texas. life has been an inspiration to the citizens of 613 related to H.R. 6429, the STEM Job Act Human trafficking is the second largest or- South Jersey. As a United States Army vet- of 2012. Had I been present, I would have ganized crime business in he world, gener- eran, he served with distinction during World

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In his 2012 State of the Territory HONORING UNITED STATES mony held aboard the USS New Jersey. address, Governor John deJongh said: ‘‘With- MARINE CORPS VETERANS A self-employed entrepreneur, Mr. Musciano out reliable electricity and water there will be owned and retired from the Sterling Tile Com- no new businesses. Without reliable electricity HON. FREDERICA S. WILSON pany of Somerdale, NJ. He was counted a and water, we will have no economic develop- OF FLORIDA member of both the Lion’s Club and the Pearl ment, fewer jobs and lower revenues, all con- Harbor Survivors’ Club, and was a devoted tributing to a downward spiral.’’ IN THE HOUSE OF REPRESENTATIVES husband, father, grandfather, great-grand- In light of the potential for economic catas- Tuesday, December 4, 2012 father, and brother. He will be sorely missed. trophe that currently exists, we are exploring Mr. Speaker, Mario Guilio Musciano was a an emergency appropriation for the purpose of Ms. WILSON of Florida. Mr. Speaker, I rise great man who exemplified the American spir- stabilizing the economy of the Virgin Islands today to recognize and honor our veterans. it. I join the people of Somerdale and all of for a period of time, by subsidizing the cost of There are no words that can express the South Jersey in honoring the life of this excep- fuel, which the utility passes on to the con- gratitude that the American people owe all of tional man. sumer, both residential and business, through the men and women who choose to serve the f a funding mechanism called the Levelized En- United States of America in the armed serv- ergy Adjustment Clause, known locally as the ices. We are all humbled by the sacrifice they U.S. VIRGIN ISLANDS NEED FOR LEAC. make—knowingly putting themselves in harm’s EMERGENCY ENERGY RELIEF In recent months, the Government of the way while also leaving loved ones behind. Virgin Islands and the utility, the Virgin Islands This commitment is the mark of America’s fin- HON. DONNA M. CHRISTENSEN Water and Power Authority, have moved to est citizens and those who answer to a higher OF THE VIRGIN ISLANDS implement a series of initiatives aimed at sta- calling. Allow me to honor, from the United IN THE HOUSE OF REPRESENTATIVES bilizing the energy situation in the territory. States Marine Corps: Tuesday, December 4, 2012 They have published an Energy Action Plan Edgar Harris, Tony Colmenares, Willie that lists the following as its strategy to meet- Mrs. CHRISTENSEN. Mr. Speaker, I rise James Ferguson, Leroy McKenzie, Clifford ing the islands needs for energy. It includes: Farrell, Jr., Peter Almeida, Jr., Joyuanki today to introduce the Virgin Islands Energy Implementing measures to enhance produc- Crisis Relief Act of 2012. In January of this Victore, Christian Zegarra, Felix Garcia, Oscar tion efficiency at existing power generation fa- Sola Vega, Phil Davis, Eddy J. Fonseca, year, the HOVENSA Oil Refinery located on cilities; Charles V. Manno, Edward Haynes, Larry Gil- St. Croix in my Congressional district the U.S. Converting base load power production from bert Jones, Ewin Vasco, Alexander Cruz, Phil- Virgin Islands, announced that it would cease fuel oil to liquefied natural gas or liquefied pe- refinery operations because of the global eco- troleum gas; ip Henry, Brent W. Quinones, Candyce nomic slowdown, the addition of new refining Developing grid interconnection between the Haynes, Christina Watson, Tracy Noel, Jamal capacity in emerging markets and the current Virgin Islands and Puerto Rico; Jenkins, Bentley Broussard, Jonathan M. low domestic price of natural gas. This an- Maximizing the development of solar and Fuller, Javier A. Herbello, Kelvin J. Cox Jr., nouncement was an economic gut blow to the wind resources; Kenneth del Mazo, Scott Schmidt, Richard Mil- U.S. Virgin Islands not only because of its Pursuing biomass energy and ocean ther- ler, Shane Suzuki, Jose ‘‘Pepe’’ Diaz, Rudolph overall impact; a potential $580 million reduc- mal energy as potential diversification of base Felton, Roberto Morejon, Widmayer Boucard, tion in direct gross economic output and $92 load energy. David Scott, Artice Shine, Jeffrey Paris, Jose million in overall government tax revenues be- While noteworthy, all of these goals are long Morla, Philip White, Darrell Morgan, Wesley ginning in FY 2012; and the direct termination term solutions that do not address the impact Frazier, Johnnie Nesmith, Gary Gene of 2,471 employees and subcontractors which to homes, businesses and the entire Virgin Is- Lipsomb, II, Joseph L. Cook, Jose Rojas, represents 12% of total employment and 27% lands economy in the short term, hence the Manuel V. Ferrer, Walnex Philor, Leon Parker, of average gross pay of the private sector on request for emergency relief. The Virgin Is- Lonnie Lawrence, Gary Bryant, William Dozier, St. Croix; but because of the crippling threat to lands Energy Crisis Relief Act is aimed at low- Peter Almeida, Jr., Patrick L. Purdy, William energy affordability which inhibits economic ering the cost of fuel to utility and therefore to Draper, Milton Qaadir, Jim Gates Jr., Ed growth and sustainability. the consumer; facilitating the conversion of the Moore, James Moore, William Parros, John L. The HOVENSA refinery, which was one of existing plant to utilize liquefied natural or liq- Raineri, Jacob B. Butz, Luis Alvarez, Justin the ten largest in the world, provided four per- uefied petroleum gas; and increasing the num- Cook, Luis Rivera, Ivens R. RestoSalgado, cent of its refinery products in the form of gas- ber of residents who qualify for relief through Eddy J. Fonseca Jr., Jonathan A. Salcedo, oline, diesel, jet and propane fuel to the U.S. the Low Income Home Energy Assistance Act Ismael R. Lopez, Matthew D. Younger, Jaime Virgin Islands. The HOVENSA refinery pro- (LIHEAP). M. Varillas, Carlos Santiago, Matthew J. vided at least 90% of energy for the Virgin Is- f Drumsta, John R. Hirnyk, Steven S. Vonsoosten, Eliezer Olea; lands Water and Power Authority, which re- PERSONAL EXPLANATION ceived fuel to power the utility at a reduced Finally, it is not our tanks, weapons or ma- cost based on the average cost of crude deliv- chinery that make the United States Armed ered to the refinery or $2.00 less than the HON. LUCILLE ROYBAL-ALLARD Forces the best military in the world. It is our OF CALIFORNIA New York harbor landed fuel of the same young men and women who serve profes- IN THE HOUSE OF REPRESENTATIVES type. The refinery also supplied most of the sionally with honor and distinction. If not for territory’s gasoline service stations also at a Tuesday, December 4, 2012 these exemplary citizens, freedom and the reduced cost. According to VIWAPA, 76% of Ms. ROYBAL-ALLARD. Mr. Speaker, I was American way of life would not be safe arid its costs are for the purchase of fuel. Even so, out of town due to a family medical situation secure. For these sacrifices, we respect and Virgin Islands residents and businesses pay and was not present for the rollcall votes num- should commend their service everyday of the electric power rates in the range of 44 to 48 bered 612 and 613 on Friday, November 30, year. Congress has designated, November cents per kilowatt hour, among the highest en- 2012. Had I been present, I would have voted 11th 2012 as the official day showing our grat- ergy costs in the nation. in this manner: itude. The greatest threat to the Virgin Islands Rollcall vote No. 612—Motion to Recommit Please join me in honoring these American economy and way of life posed by the closing with Instructions—H.R. 6429, the STEM Jobs heroes for their bravery and sacrifice in de- of the HOVENSA refinery is energy afford- Act: ‘‘Yes.’’ fense of this great nation.

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HIGHLIGHTS Senate passed National Defense Authorization bills. Senate Levin (for Carper) Amendment No. 3241, to re- Chamber Action peal or modify certain mandates of the Government Routine Proceedings, pages S7363–S7404 Accountability Office. Pages S7383–85 Measures Introduced: Six bills and one resolution Levin (for Carper) Amendment No. 3242, to in- were introduced, as follows: S. 3651–3656, and S. tensify efforts to identify, prevent, and recover pay- Res. 608. Pages S7401–02 ment error, waste, fraud, and abuse within Federal spending. Pages S7383–85 Measures Passed: Levin (for Thune) Modified Amendment No. National Defense Authorization Act: By a unan- 3277, to express the sense of Congress regarding the imous vote of 98 yeas (Vote No. 221), Senate passed reallocation of government spectrum. Pages S7383–85 S. 3254, to authorize appropriations for fiscal year Levin (for Moran/Ayotte) Modified Amendment 2013 for military activities of the Department of No. 3285, in the nature of a substitute. Defense, for military construction, and for defense Pages S7383–85 activities of the Department of Energy, to prescribe Levin (for Bennet) Modified Amendment No. military personnel strengths for such fiscal year, after 3226, to make enhancements to the Troops-to- taking action on the following amendments proposed Teachers program. Pages S7383–85 thereto: Pages S7381–92 Levin (for Hatch) Modified Amendment No. Adopted: 3117, to provide that the rating chain for a system Levin (for Kyl/Udall (NM)) Modified Amendment program manager may include any senior official lo- No. 2927, to establish a congressional advisory panel cated at an Air Logistics Complex where the system on revising the governance structure of the National program manager is based. Pages S7383–85 Nuclear Security Administration to permit it to op- By 92 yeas to 6 nays (Vote No. 220), McCain erate more effectively and independently of the De- Modified Amendment No. 3262, to require a report partment of Energy. Pages S7383–85 on military activities to deny or significantly degrade Levin (for Akaka) Amendment No. 3019, to the use of air power against civilian and opposition amend the Small Business Jobs Act of 2010 with re- groups in Syria. Pages S7386–89 spect to the State Trade and Export Promotion Kyl Modified Amendment No. 3123, to require Grant Program. Pages S7383–85 briefings on dialogue between the United States and Levin (for Toomey) Amendment No. 3062, to re- the Russian Federation on nuclear arms, missile de- quire the Government Accountability Office to in- fense, and long-range conventional strike systems. clude in its annual report to Congress a list of the Pages S7381, S7389 most common grounds for sustaining protests relat- National Defense Authorization: Committee on ing to bids for contracts. Pages S7383–85 Armed Services was discharged from further consid- Levin (for Brown (OH)) Modified Amendment eration of H.R. 4310, to authorize appropriations for No. 3113, to extend treatment of base closure areas fiscal year 2013 for military activities of the Depart- as HUBZones for purposes of the Small Business ment of Defense, for military construction, and for Act. Pages S7383–85 defense activities of the Department of Energy, to Levin (for Rubio/Nelson (FL)) Modified Amend- prescribe military personnel strengths for such fiscal ment No. 3175, to limit the availability of funds for year, and the bill was then passed, after striking all retirement or inactivation of Ticonderoga class cruis- after the enacting clause and inserting in lieu thereof ers or dock landing ships. Pages S7383–85 the text of S. 3254, as amended. Page S7392 D998

VerDate Mar 15 2010 04:47 Dec 05, 2012 Jkt 029060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D04DE2.REC D04DEPT1 tjames on DSK6SPTVN1PROD with December 4, 2012 CONGRESSIONAL RECORD — DAILY DIGEST D999 Senate insisted on its amendment, requested a Convention on the Rights of Persons With Dis- conference with the House on the disagreeing votes abilities Treaty: By 61 yeas to 38 nays (Vote No. of the two Houses; and the Chair was authorized to 219), two-thirds of the Senators present and not hav- appoint the following conferees on the part of the ing voted in the affirmative, the resolution of ratifi- Senate: Senators Levin, Lieberman, Reed, Akaka, cation to the Convention on the Rights of Persons Nelson (NE), Webb, McCaskill, Udall (CO), Hagan, with Disabilities, adopted by the United Nations Begich, Manchin, Shaheen, Gillibrand, Blumenthal, General Assembly on December 13, 2006, and McCain, Inhofe, Sessions, Chambliss, Wicker, Brown signed by the United States of America on June 30, (MA), Portman, Ayotte, Collins, Graham, Cornyn, 2009 (the ‘‘Convention’’) (Treaty Doc. 112–7) was and Vitter. Page S7392 not agreed to and the Senate does not advise and Animal Fighting Spectator Prohibition Act: consent to the ratification of the treaty. Committee on Agriculture, Nutrition, and Forestry Pages S7365–79 was discharged from further consideration of S. Measures Placed on the Calendar: Page S7400 1947, to prohibit attendance of an animal fighting Executive Communications: Pages S7400–01 venture, and the bill was then passed, after agreeing to the following amendment proposed thereto: Additional Cosponsors: Page S7402 Pages S7393–97 Statements on Introduced Bills/Resolutions: Blumenthal Amendment No. 3309, to improve Pages S7402–03 the bill. Page S7393 Additional Statements: Pages S7399–S7400 International parental child abduction: Senate agreed to S. Res. 543, to express the sense of the Amendments Submitted: Page S7403 Senate on international parental child abduction, Authorities for Committees to Meet: Page S7403 after agreeing to the committee amendment in the Record Votes: Three record votes were taken today. nature of a substitute. Pages S7403–04 (Total—221) Pages S7379, S7389, S7392 Measures Considered: Adjournment: Senate convened at 10:00 a.m. and Russia and Moldova Jackson-Vanik Repeal adjourned at 6:30 p.m., until 9:30 a.m. on Wednes- Act—Agreement: Senate began consideration of the day, December 5, 2012. (For Senate’s program, see motion to proceed to consideration of H.R. 6156, to the remarks of the Acting Majority Leader in today’s authorize the extension of nondiscriminatory treat- Record on page S7404.) ment (normal trade relations treatment) to products of the Russian Federation and Moldova and to re- quire reports on the compliance of the Russian Fed- Committee Meetings eration with its obligations as a member of the (Committees not listed did not meet) World Trade Organization. Pages S7392–93 A unanimous-consent agreement was reached pro- viding that at approximately 1:30 p.m., on Wednes- NOMINATIONS day, December 5, 2012, Senate begin consideration Committee on Commerce, Science, and Transportation: of the bill. Page S7404 Committee concluded a hearing to examine the Morning Business—Agreement: A unanimous- nominations of Polly Ellen Trottenberg, of Mary- consent-time agreement was reached providing that land, to be Under Secretary of Transportation for at approximately 9:30 a.m., on Wednesday, Decem- Policy, who was introduced by Senators Boxer and ber 5, 2012, Senate be in a period of morning busi- Schumer, Mark Doms, of Maryland, to be Under ness for up to 4 hours with Senators permitted to Secretary of Commerce for Economic Affairs, Mignon speak therein for up to 10 minutes each except L. Clyburn, of South Carolina, to be a Member of where noted below and the time be divided as fol- the Federal Communications Commission, and Josh- lows: Majority controlling the first 30 minutes; Re- ua D. Wright, of Virginia, to be a Federal Trade publicans controlling the next 30 minutes; Senator Commissioner, after the nominees testified and an- Grassley controlling the next 45 minutes; Majority swered questions in their own behalf. controlling the next 45 minutes; Republicans con- trolling the next 45 minutes; and the Majority con- INTELLIGENCE trolling the following 45 minutes; and that fol- Select Committee on Intelligence: Committee held closed lowing morning business, Senate begin consideration hearings on intelligence matters, receiving testimony of H.R. 6156, Russia and Moldova Jackson-Vanik from officials of the intelligence community. Repeal Act. Page S7404 Committee recessed subject to the call.

VerDate Mar 15 2010 04:47 Dec 05, 2012 Jkt 029060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D04DE2.REC D04DEPT1 tjames on DSK6SPTVN1PROD with D1000 CONGRESSIONAL RECORD — DAILY DIGEST December 4, 2012 House of Representatives Meeting Hour: Agreed that when the House ad- Chamber Action journs today, it adjourn to meet at 9 a.m. tomorrow, Public Bills and Resolutions Introduced: 5 public December 5th. Page H6609 bills, H.R. 6628–6632; and 2 resolutions, H. Con. Discharge Petition: Representative Walz presented Res. 143 and H. Res. 924, were introduced. to the clerk a motion to discharge the Committees Page H6622 on Ways and Means and the Budget from the con- Additional Cosponsors: Page H6623 sideration of H.R. 15, to amend the Internal Rev- enue Code of 1986 to provide tax relief to middle- Reports Filed: There were no reports filed today. class families (Discharge Petition No. 6). Speaker: Read a letter from the Speaker wherein he Quorum Calls—Votes: Two yea-and-nay votes and appointed Representative Harper to act as Speaker one recorded vote developed during the proceedings pro tempore for today. Page H6589 of today and appear on pages H6607, H6607–08, Recess: The House recessed at 10:43 a.m. and re- and H6608–09. There were no quorum calls. convened at 12 noon. Page H6594 Adjournment: The House met at 10 a.m. and ad- Chaplain: The prayer was offered by the guest chap- journed at 4:45 p.m. lain, Reverend Dr. Glen Bohannon, College Acres Baptist Church, Wilmington, North Carolina. Committee Meetings Page H6594 TERRORIST EXPLOITATION OF REFUGEE Journal: The House agreed to the Speaker’s approval PROGRAMS of the Journal by a yea-and-nay vote of 290 yeas to Committee on Homeland Security: Subcommittee on 106 nays with 2 answering ‘‘present’’, Roll No. 615. Counterterrorism and Intelligence held a hearing en- Pages H6594, H6607–08 titled ‘‘Terrorist Exploitation of Refugee Programs.’’ Private Calendar: On the call of the Private cal- Testimony was heard from Lawrence Bartlett, Direc- endar, the House passed H.R. 1857, for the relief of tor of the Refugee Admissions Office, Bureau of Bartosz Kumor; H.R. 824, for the relief of Daniel Population, Refugees, and Migration, Department of Wachira; H.R. 823, for the relief of Maria Carmen State; Barbara Strack, Chief, Refugee Affairs Divi- Castro Ramirez and J. Refugio Carreno Rojas; H.R. sion, United States Citizenship and Immigration 794, for the relief of Allan Bolor Kelley; H.R. 357, Services, Department of Homeland Security; and for the relief of Corina de Chalup Turcinovic; and Dawn Scalici, Deputy Undersecretary, Office of In- H.R. 316, for the relief of Esther Karinge. Addition- telligence and Analysis, Department of Homeland ally, the House passed over without prejudice S. Security. 285, for the relief of Sopuruchi Chukwueke. BARONA BAND OF MISSION INDIANS Pages H6597–99 LAND TRANSFER CLARIFICATION ACT OF 2012 Suspension: The House agreed to suspend the rules and pass the following measure: Committee on Natural Resources: Subcommittee on In- dian and Alaska Native Affairs held a hearing on S. American Energy Manufacturing Technical Cor- 3193, the ‘‘Barona Band of Mission Indians Land rections Act: H.R. 6582, amended, to allow for in- Transfer Clarification Act of 2012.’’ Testimony was novations and alternative technologies that meet or heard from Representative Hunter; Michael Black, exceed desired energy efficiency goals, and to make Director, Bureau of Indian Affairs, Department of technical corrections to existing Federal energy effi- the Interior; and a public witness. ciency laws to allow American manufacturers to re- REVIEW OF THE PREPAREDNESS, main competitive, by a 2⁄3 yea-and-nay vote of 398 yeas to 2 nays with 1 answering ‘‘present’’, Roll No. RESPONSE TO AND RECOVERY FROM HURRICANE SANDY 614. Pages H6599–H6606, H6607 Committee on Transportation and Infrastructure: Full Recess: The House recessed at 1:04 p.m. and recon- Committee held a hearing entitled ‘‘A Review of the vened at 1:45 p.m. Pages H6606–07 Preparedness, Response To and Recovery From Hur- Motion to Adjourn: Rejected the Ellison motion to ricane Sandy.’’ Testimony was heard from W. Craig adjourn by a recorded vote of 3 ayes to 393 noes, Fugate, Administrator, Federal Emergency Manage- Roll No. 616. Pages H6608–09 ment Agency; Fred Tombar, Senior Advisor to the

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Secretary for Disaster Recovery, Department of COMMITTEE MEETINGS FOR WEDNESDAY, Housing and Urban Development; Major General DECEMBER 5, 2012 Michael Walsh, Deputy Commanding General, Civil (Committee meetings are open unless otherwise indicated) and Emergency Operations, Army Corps of Engi- neers; Robert R. Latham, Jr., Executive Director Senate Mississippi Emergency Management Agency; Mark Committee on Appropriations: Subcommittee on Depart- Riley, Deputy Director, Governor’s Office of Home- ment of Homeland Security, to hold hearings to examine land Security and Emergency Preparedness, State of Hurricane Sandy, focusing on response and recovery and Louisiana; and David Popoff, Emergency Manage- progress and challenges, 10 a.m., SD–192. ment Coordinator, Galveston County, Texas. Committee on Foreign Relations: Subcommittee on African Affairs, to hold hearings to examine assessing develop- ments in Mali, focusing on restoring democracy and re- CHALLENGES OF TRANSITIONING claiming the north, 9 a.m., SD–419. VETERANS RECORDS TO PAPERLESS Committee on Health, Education, Labor, and Pensions: busi- TECHNOLOGY ness meeting to consider S. 3472, to amend the Family Educational Rights and Privacy Act of 1974 to provide Committee on Veterans’ Affairs: Subcommittee on Dis- improvements to such Act, the nomination of Erica Lynn ability Assistance and Memorial Affairs held a hear- Groshen, of New York, to be Commissioner of Labor Sta- ing entitled ‘‘Wading through Warehouses of Paper: tistics, Department of Labor, and any pending nomina- The Challenges of Transitioning Veterans Records to tions, Time to be announced, Room to be announced. Paperless Technology.’’ Testimony was heard from Jim Neighbors, Director of DoD/VA Collaboration House Office, Department of Defense; Scott Levins, Direc- Committee on Foreign Affairs, Subcommittee on Europe tor of the National Personnel Records Center, Na- and Eurasia, hearing entitled ‘‘Iranian Influence in the tional Archives and Records Administration; Alan South Caucasus and the Surrounding Region,’’ 2 p.m., 2172 Rayburn. Bozeman, Director, Veterans Benefits Management Committee on Natural Resources, Full Committee, markup System, Veterans Benefits Administration, Depart- of H.R. 6364, the ‘‘Frank Buckles World War I Memo- ment of Veterans Affairs; and public witnesses. rial Act’’; H.R. 752, the ‘‘Molalla River Wild and Scenic Rivers Act’’; and S. 3193, the ‘‘Barona Band of Mission Indians Land Transfer Clarification Act of 2012,’’ 10 Joint Meetings a.m., 1324 Longworth. No joint committee meetings were held. Committee on Science, Space, and Technology, Subcommittee on Investigations and Oversight, hearing entitled ‘‘The Impact of International Technology Transfer on American Research and Development,’’ 10 a.m., 2318 Rayburn.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, December 5 9 a.m., Wednesday, December 5

Senate Chamber House Chamber Program for Wednesday: After the transaction of any Program for Wednesday: To be announced. morning business (not to extend beyond 4 hours), Senate will begin consideration of H.R. 6156, Russia and Moldova Jackson-Vanik Repeal Act.

Extensions of Remarks, as inserted in this issue

HOUSE Green, Al, Tex., E1874 Rogers, Mike, Ala., E1870 Honda, Michael M., Calif., E1871 Ross, Mike, Ark., E1873 Andrews, Robert E., N.J., E1874 Latta, Robert E., Ohio, E1868 Roybal-Allard, Lucille, Calif., E1865, E1870, E1875 Austria, Steve, Ohio, E1865 Long, Billy, Mo., E1873 Sherman, Brad, Calif., E1865 Bachmann, Michele, Minn., E1870 McDermott, Jim, Wash., E1867 Slaughter, Louise MacIntosh, N.Y., E1867 Berkley, Shelley, Nev., E1873 Manzullo, Donald A., Ill., E1868 Christensen, Donna M., The Virgin Islands, E1872, Miller, George, Calif., E1871 Stivers, Steve, Ohio, E1871 E1875 Owens, William L., N.Y., E1874 Thompson, Mike, Calif., E1866 Clyburn, James E., S.C., E1869 Pelosi, Nancy, Calif., E1865 Wilson, Frederica S., Fla., E1865, E1868, E1870, E1872, Coffman, Mike, Colo., E1873 Perlmutter, Ed, Colo., E1868, E1870, E1873 E1875 Edwards, Donna F., Md., E1872 Poe, Ted, Tex., E1874 Wolf, Frank R., Va., E1868 Gibbs, Bob, Ohio, E1868 Rogers, Harold, Ky., E1873

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